TERMS OF APPOINTMENT
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Keywords: TERMS OF APPOINTMENT
Total judgments found: 1,647
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Judgment 1340
77th session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 14
Extract:
"SUBORDINATES ARE VULNERABLE TO CRITICISM BY SUPERIORS AND IF CRITICISM IS UNTRUE MUST BE PROTECTED FROM UNJUST ATTACK. IN THIS CASE THERE WAS A DUTY ON THE ORGANISATION TO MAKE AN INVESTIGATION. SINCE IT FAILED TO TAKE ANY SUCH ACTION THE COMPLAINANT IS AWARDED MORAL DAMAGES FOR ITS FAILURE TO PROTECT AND VINDICATE HIS GOOD NAME."
Keywords:
bias; complaint allowed; complaint allowed in part; damages; injury; inquiry; moral injury; organisation's duties; staff member's interest; supervisor;
Judgment 1339
77th session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 8
Extract:
BOTH THE COMPLAINANT AND HIS WIFE ARE INTERNATIONAL CIVIL SERVANTS. THEY WORK FOR DIFFERENT ORGANISATIONS. THE COMPLAINANT CLAIMED A SHARE OF THE LEAVE FOR WHICH THE RULES PROVIDE IN THE EVENT OF CHILDBIRTH. "BUT PARENTAL LEAVE IS SOMETHING TO BE NEGOTIATED AND AGREED WITH THE EMPLOYER: IT MAY NOT BE CLAIMED AS OF RIGHT. THE WHO'S RULES PROVIDE FOR THE GRANT OF MATERNITY LEAVE, NOT OF PATERNITY OR PARENTAL LEAVE, AND UNTIL THE LATTER IS AGREED UPON OR PRESCRIBED THE RIGHT TO IT DOES NOT EXIST."
Keywords:
collective bargaining; maternity leave; provision; right; staff regulations and rules;
Judgment 1338
77th session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 10
Extract:
"ALTHOUGH JUDGMENT 1133 DECLARED [THE COMPLAINANT'S] DISMISSAL NULL AND VOID IT DID NOT ORDER REINSTATEMENT." THE WHO EXERCISED THE "OPTION OF PAYING HIM FINANCIAL COMPENSATION: THAT WAS IN LIEU OF REINSTATEMENT".
Reference(s)
ILOAT Judgment(s): 1133, 1219
Keywords:
application for execution; compensation; complaint allowed; complaint allowed in part; damages; judgment; organisation's duties; reinstatement; subsidiary;
Judgment 1337
77th session, 1994
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 7
Extract:
"THE SPECIAL SERVICE AGREEMENT THAT THE COMPLAINANT SIGNED STATED THAT IT WAS BETWEEN HIM AND THE UNITED NATIONS. THE FACT THAT IT PROVIDED FOR SERVICES TO [SUBSIDIARY BODIES OF THE FAO] DOES NOT MAKE EITHER OF THOSE BODIES OR THE FAO ITSELF A PARTY TO THE CONTRACT OR LIABLE THEREUNDER. THE CONCLUSION IS THAT THE TRIBUNAL IS NOT COMPETENT TO HEAR THE CASE."
Keywords:
competence of tribunal; contract; coordinated organisations; organisation; unat;
Judgment 1335
76th session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 3
Extract:
"DECISIONS TO RENEW OR EXTEND FIXED-TERM APPOINTMENTS ARE AT THE DISCRETION OF THE EXECUTIVE HEAD, ON THE UNDERSTANDING, HOWEVER, THAT HE SHALL EXERCISE IT FOR THE GOOD OF THE ORGANISATION AND IN ITS INTERESTS."
Keywords:
contract; decision; discretion; executive head; extension; fixed-term; limits; organisation's interest;
Judgment 1334
76th session, 1994
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 27
Extract:
"THE TRIBUNAL MUST MAKE IT PLAIN THAT IT WILL NOT INTERFERE IN THE AGENCY'S EXERCISE OF ITS DISCRETION TO DETERMINE THE SORT OF ADDITIONAL DUTIES OR CONSTRAINTS THAT EARN SPECIAL COMPENSATION OVER AND ABOVE THE PAYMENT OF SALARY FOR THE PERFORMANCE OF NORMAL DUTIES. NOR, IF THE AGENCY BELIEVES SPECIAL COMPENSATION TO BE WARRANTED, WILL THE TRIBUNAL, SAVE IN OBVIOUSLY ANOMALOUS CASES, RULE ON THE FORM SUCH COMPENSATION SHOULD TAKE OR THE ARRANGEMENTS FOR GRANTING IT."
Keywords:
compensatory allowance; complaint allowed; decision quashed; discretion; judicial review; limits; proportionality; salary;
CONSIDERATION 22
Extract:
"THE PURPOSE OF THE CASE LAW [ON ACQUIRED RIGHTS] IS TO SAFEGUARD THE SUBSTANCE OF THE STAFF'S PAY AND PENSIONS IN THE EVENT OF AMENDMENTS TO THE MATERIAL RULES. THE SUPPLEMENTARY BENEFITS WERE INTENDED TO AFFORD COMPENSATION FOR CONSTRAINTS THAT AT THE TIME WERE NOT PART OF THE COMPLAINANT'S ORDINARY DUTIES." THERE WAS NO BREACH OF ACQUIRED RIGHTS.
Keywords:
acquired right; amendment; base salary; case law; compensatory allowance; complaint allowed; decision quashed; discontinuance; pension; staff regulations and rules;
CONSIDERATION 24
Extract:
"AS FOR THE FLEMING PRINCIPLE, IT OFFERS [...] A GUIDE FOR SETTING GENERAL LEVELS OF PAY FOR LOCAL STAFF: IT OFFERS NO BASIS FOR CLAIMS ABOUT ANY PARTICULAR COMPONENT OF SUCH PAY."
Keywords:
allowance; complaint allowed; decision quashed; fleming principle; local status; salary;
Judgment 1333
76th session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 9
Extract:
THE COMPLAINANTS HAD THEIR PAY DOCKED FOR ONE DAY'S STRIKE ACTION. THE DEDUCTIONS THE EPO MADE COVERED ALL ELEMENTS OF PAY INCLUDING ALLOWANCES. THE COMPLAINANTS SACRIFICED THEIR FAMILY ALLOWANCE FROM THE EPO WHEREAS OTHER OFFICIALS, WHO RECEIVED AN ANALOGOUS ALLOWANCE FROM THE DUTCH GOVERNMENT, SUFFERED NO SIMILAR LOSS. "EMPLOYEES WHOSE FAMILIES DO RECEIVE THE DUTCH CHILD ALLOWANCE ARE NOT IN THE SAME POSITION IN LAW AS THOSE WHO RECEIVE THE EPO FAMILY ALLOWANCE, THE SOURCE OF THE BENEFIT NOT BEING THE SAME. SINCE THE PRINCIPLE OF EQUAL TREATMENT APPLIES ONLY WHERE STAFF MEMBERS ARE IN THE SAME POSITION IN LAW, THERE IS NO BREACH OF IT IN THE PRESENT INSTANCE."
Keywords:
criteria; deduction; domestic law; elements; equal treatment; family allowance; general principle; salary; strike;
Judgment 1331
76th session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 13
Extract:
"ON ACCOUNT OF THE UNDUE DELAY IN THE SELECTION PROCESS [I.E. SOME TEN MONTHS BETWEEN THE ISSUE OF THE VACANCY NOTICE AND THE MEETING OF THE SELECTION COMMITTEE] THE TRIBUNAL AWARDS THE COMPLAINANT DAMAGES FOR MORAL INJURY IN A SUM OF 1,000 UNITED STATES DOLLARS."
Keywords:
administrative delay; competition; competition cancelled; complaint allowed; damages; decision quashed; delay; due process; moral injury; procedure; selection board; vacancy notice;
Judgment 1330
76th session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 4
Extract:
"ACCORDING TO THE TRIBUNAL'S CASE LAW RECEIVABILITY DOES NOT DEPEND ON PROVING ACTUAL AND CERTAIN INJURY. ALL THAT A COMPLAINANT NEED SHOW IS THAT THE DECISION UNDER CHALLENGE MAY IMPAIR THE RIGHTS AND SAFEGUARDS THAT AN INTERNATIONAL CIVIL SERVANT CLAIMS UNDER STAFF REGULATIONS OR CONTRACT OF EMPLOYMENT."
Keywords:
case law; cause of action; complaint; contract; injury; receivability; safeguard; staff member's interest; staff regulations and rules;
CONSIDERATION 8
Extract:
THE COMPLAINANTS REGARD AS A BREACH OF THEIR ACQUIRED RIGHTS AN AMENDMENT TO THE STAFF REGULATIONS WHOSE EFFECT IS TO CONFER ON THE UNITED NATIONS ADMINISTRATIVE TRIBUNAL COMPETENCE FOR DISPUTES CONCERNING THE RECKONING OF PENSIONABLE REMUNERATION. BUT THE TRIBUNAL "CANNOT TREAT AN AMENDMENT TO THE RULES ON COMPETENCE AS 'LOSS OF AN ESSENTIAL LEGAL SAFEGUARD'. AFTER ALL, WITH THE NEW TEXT COMPETENCE GOES TO AN INDEPENDENT AND IMPARTIAL INTERNATIONAL ADMINISTRATIVE TRIBUNAL."
Keywords:
acquired right; amendment; competence; competence of tribunal; pension; pensionable remuneration; right of appeal; safeguard; staff regulations and rules; unat;
CONSIDERATION 9
Extract:
A "MISTAKEN" CONTENTION OF THE COMPLAINANTS' IS "THAT ANY AMENDMENT OF A TEXT THAT IN ITSELF CONFERS AN ACQUIRED RIGHT [...] IS BOUND TO AMOUNT TO IMPAIRMENT OF THAT RIGHT. [...] NO PROVISION OF THE STAFF REGULATIONS IS IN ITSELF INVIOLATE. [...] ONLY WHEN AN AMENDMENT TO EARLIER PROVISIONS HAS ALTERED SOME ESSENTIAL AND FUNDAMENTAL TERM OF APPOINTMENT WILL THERE BE BREACH OF AN ACQUIRED RIGHT."
Keywords:
acquired right; amendment; staff regulations and rules; terms of appointment;
Judgment 1328
76th session, 1994
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 19
Extract:
"AS FOR [WIPO'S] FAILURE TO TAKE THE 'NEW DECISION' ORDERED IN POINT 2 [OF THE OPERATIVE PART OF THE JUDGMENT WHOSE APPLICATION IS SOUGHT], IT IS IN BREACH OF GOOD FAITH IN FORCING THE COMPLAINANT TO THE POINT OF APPEALING AGAINST A REFUSAL HE HAS TO INFER FROM ITS OWN SILENCE. UNDER POINT 2 IT IS REQUIRED TO GIVE HIM AN EXPRESS AND PROPERLY SUBSTANTIATED DECISION ON THE MATTER OF REINSTATEMENT".
Keywords:
application for execution; case sent back to organisation; complaint allowed; complaint allowed in part; duty to substantiate decision; express decision; good faith; implied decision; organisation's duties; reinstatement;
Judgment 1326
76th session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATIONS 13 AND 14
Extract:
THE COMPLAINANT ALLEGES BREACH OF HIS RIGHT TO A TERMINATION INDEMNITY BECAUSE HIS POST WAS ABOLISHED BY THE ITU. THE TRIBUNAL HOLDS THAT HE WAS NOT DISMISSED BUT TRANSFERRED FROM THE ITU TO ANOTHER ORGANISATION UNDER THE INTER-ORGANIZATION AGREEMENT CONCERNING TRANSFER, SECONDMENT OR LOAN OF STAFF AMONG THE ORGANIZATIONS OF THE UNITED NATIONS COMMON SYSTEM. SINCE HIS LEAVING THE ITU DID NOT RESULT FROM THE ABOLITION OF HIS POST HE IS NOT ENTITLED TO A TERMINATION INDEMNITY.
Keywords:
abolition of post; coordinated organisations; inter-agency agreement; right; secondment; separation from service; terminal entitlements; termination;
Judgment 1324
76th session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 5
Extract:
VIDE JUDGMENT 525, CONSIDERATION 4.
Reference(s)
ILOAT Judgment(s): 525
Keywords:
amendment; complaint allowed; decision quashed; decision-maker; discretion; disregard of essential fact; exception; executive head; formal flaw; home; home leave; judicial review; mistake of fact; mistake of law; mistaken conclusion; misuse of authority; procedural flaw;
CONSIDERATION 9
Extract:
THE COMPLAINANT IS SEEKING A CHANGE, TO WHICH THE ORGANISATION IS OPPOSED, IN THE DESIGNATION IT ORIGINALLY MADE UPON RECRUITMENT OF HIS OFFICIAL HOME. "IT WOULD OFFEND AGAINST THE PRINCIPLE OF EQUAL TREATMENT [FOR A NEW] RECRUIT WHO HAS STRONG TIES WITH THE COUNTRY OF ONE OF TWO NATIONALITIES [TO] GET THE AUTOMATIC DESIGNATION OF A PLACE IN THAT COUNTRY AS 'HOME', WHILE IN IDENTICAL CIRCUMSTANCES ANOTHER EMPLOYEE IS REFUSED DESIGNATION OF HIS HOME IN THAT COUNTRY SIMPLY BECAUSE HE IS SEEKING REVIEW OF A DETERMINATION ALREADY MADE."
Keywords:
amendment; complainant; complaint allowed; decision quashed; equal treatment; home; home leave; nationality; place of origin;
Judgment 1323
76th session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATIONS 8 AND 9
Extract:
THE WHO APPOINTED AN EXTERNAL CANDIDATE TO A POSITION WHICH THE COMPLAINANT HAD APPLIED FOR. ON THE GROUNDS OF PRIVILEGE THE ORGANIZATION OFFERED NO EVIDENCE TO THE BOARD OR THE TRIBUNAL OF THE EXTERNAL CANDIDATE'S QUALIFICATIONS. "THE TRIBUNAL DOES NOT ACCEPT THAT THE DISCLOSURE OF A CANDIDATE'S IDENTITY AND QUALIFICATIONS MAY [...] INHIBIT THE FREE EXPRESSION OF VIEWS BY MEMBERS OF SELECTION COMMITTEES OR PREJUDICE THE INTERESTS OF OTHER CANDIDATES. [...] THE EXTERNAL CANDIDATE'S QUALIFICATIONS WERE OF ESSENTIAL IMPORTANCE TO THE SELECTION COMMITTEE IN MAKING ITS CHOICE AND TO ANY APPEAL AGAINST THE APPOINTMENT MADE." NO SUCH DOCUMENTS MAY BE WITHHELD FROM THE TRIBUNAL.
Keywords:
candidate; complaint allowed; complaint allowed in part; confidential evidence; evidence; internal appeals body; internal candidate; open competition; selection board; submissions;
CONSIDERATION 10
Extract:
VIDE JUDGMENT 133.
Reference(s)
ILOAT Judgment(s): 133
Keywords:
candidate; career; complaint allowed; complaint allowed in part; internal candidate; legitimate expectation; organisation's interest; post; priority; professional experience; satisfactory service; seniority; staff member's interest;
Judgment 1317
76th session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 28
Extract:
THE ORGANISATION SAYS THE NON-RENEWAL OF THE COMPLAINANT'S APPOINTMENT WAS WARRANTED BY RESTRUCTURING OPERATIONS IN ITS REGIONAL OFFICES. "THE DUTY TO STATE THE REASONS FOR A DECISION FORMS PART OF ANY DUE ADMINISTRATIVE PROCESS. THE TRIBUNAL IS NOT QUESTIONING THAT THERE WAS AN OBJECTIVE NEED FOR THE REFORMS THE UNION BROUGHT IN [BUT] THE UNION OUGHT TO HAVE EXPLAINED TO HIM WHY THE REFORMS WARRANTED REMOVING HIM. IT DID NOT. THE ITU IGNORED A LONG LINE OF PRECEDENTS ON NON-RENEWAL PROCEDURE."
Keywords:
case law; complaint allowed; complaint allowed in part; contract; decision quashed; discretion; duty to substantiate decision; fixed-term; non-renewal; organisation's interest; reorganisation;
CONSIDERATION 38
Extract:
"A FIXED-TERM APPOINTMENT WILL AUTOMATICALLY CEASE TO HAVE EFFECT UPON EXPIRY. BUT ACCORDING TO THE CASE LAW A CONTRACT OF SERVICE, EVEN IF FOR A FIXED TERM, CREATES IN LAW A RELATIONSHIP OF EMPLOYMENT; THAT RELATIONSHIP EXISTS IN AN ADMINISTRATIVE CONTEXT AND IS SUBJECT TO A SET OF STAFF REGULATIONS; AND THERE MAY THEREFORE BE REQUIREMENTS OR CONSEQUENCES THAT GO BEYOND THE BOUNDS OF THE CONTRACT AS SUCH."
Keywords:
case law; complaint allowed; complaint allowed in part; consequence; contract; decision quashed; effect; fixed-term; law of contract;
CONSIDERATIONS 20 AND 21
Extract:
THE ITU ALLEGES THAT AS A MEMBER OF PROJECT PERSONNEL THE COMPLAINANT COULD NOT EXPECT HIS APPOINTMENT TO BE RENEWED AFTER A RESTRUCTURING EXERCISE, UNLIKE HEADQUARTERS OFFICIALS WHOSE APPOINTMENTS WERE EXTENDED. "IT IS CLEAR FROM THE STAFF REGULATIONS AND THE RELEVANT RULES THAT THE PROVISIONS ON FIXED-TERM APPOINTMENTS ARE IN SUBSTANCE THE SAME FOR BOTH [HEADQUARTERS AND PROJECT PERSONNEL]. [...] THE UNION IS MISTAKEN IN RELYING ON [A RULE] TO REBUT THE COMPLAINANT'S CHARGE OF DISCRIMINATION IN FAVOUR OF OTHER STAFF".
Keywords:
complaint allowed; complaint allowed in part; contract; decision quashed; equal treatment; fixed-term; headquarters official; legitimate expectation; non-renewal; project personnel; reorganisation; staff regulations and rules; status of complainant;
CONSIDERATION 23
Extract:
"CONSISTENT PRECEDENT HAS IT THAT EVEN WHERE AN ORGANISATION'S STAFF REGULATIONS SAY THAT A FIXED-TERM CONTRACT IS IPSO FACTO EXTINGUISHED ON EXPIRY NON-RENEWAL IS TO BE TREATED AS A DISTINCT AND CHALLENGEABLE ADMINISTRATIVE DECISION." AFTER REFERRING TO JUDGMENTS 17 AND 1040, THE TRIBUNAL OBSERVES THAT "THAT REQUIREMENT IS AN INDISPENSABLE SAFEGUARD OF SECURITY OF EMPLOYMENT IN THE INTERNATIONAL CIVIL SERVICE, WHICH INDEED, UNLIKE MANY NATIONAL CIVIL SERVICES AND SOME REGIONAL ORGANISATIONS, COMMONLY GRANTS FIXED-TERM APPOINTMENTS."
Reference(s)
ILOAT Judgment(s): 17, 1040
Keywords:
case law; complaint allowed; complaint allowed in part; contract; decision; decision quashed; domestic law; fixed-term; international civil service principles; non-renewal; notice; right of appeal; safeguard; staff regulations and rules;
CONSIDERATION 24
Extract:
VIDE LES JUDGMENTS 956, CONSIDERATIONS 2 AND 3, 1262, CONSIDERATION 4, AND 1273, CONSIDERATION 8.
Reference(s)
ILOAT Judgment(s): 956, 1262, 1273
Keywords:
case law; complaint allowed; complaint allowed in part; contract; decision; decision quashed; discretion; due process; duty to substantiate decision; fixed-term; flaw; formal flaw; judicial review; mistake of fact; mistake of law; misuse of authority; non-renewal; notice; organisation's interest; procedural flaw; right to reply;
CONSIDERATIONS 22 AND 23
Extract:
THE ITU, RELYING ON MATERIAL PROVISIONS IN THE STAFF REGULATIONS AND RULES, ARGUES THAT THE COMPLAINANT'S FIXED-TERM APPOINTMENT AUTOMATICALLY EXPIRED WHEN HIS CONTRACT RAN OUT AND THAT IT HAD NO NEED TO TAKE A DECISION ON NON-RENEWAL. THE TRIBUNAL, HAVING MADE CLEAR THAT THOSE PROVISIONS "HAVE COUNTERPARTS IN THE STAFF REGULATIONS AND STAFF RULES OF SEVERAL OTHER INTERNATIONAL ORGANISATIONS", HOLDS THAT ITS RULING ON THIS CASE "MUST BE IN LINE WITH WHAT PROVES TO BE AN IMPORTANT FEATURE OF THE COMMON LAW OF INTERNATIONAL ORGANISATIONS, OR AT LEAST OF THOSE THAT DEFINE CONTRACTS BY CATEGORY IN DETERMINING RELATIONS WITH THEIR EMPLOYEES. [...] CONSISTENT PRECEDENT HAS IT THAT...A FIXED-TERM CONTRACT", EVEN A TEMPORARY ONE, "IS TO BE TREATED AS A DISTINCT AND CHALLENGEABLE ADMINISTRATIVE DECISION."
Keywords:
case law; complaint allowed; complaint allowed in part; contract; coordinated organisations; decision; decision quashed; fixed-term; law of contract; non-renewal; notice; rule of another organisation; staff regulations and rules;
CONSIDERATIONS 37, 38 AND 39
Extract:
THE COMPLAINANT SEEKS REINSTATEMENT IN A POST HE HELD UNDER A FIXED-TERM APPOINTMENT. "REINSTATEMENT IS A FORM OF RESTITUTIO IN INTEGRUM THAT WILL AFFORD PROPER REDRESS WHEN THE HOLDER OF AN INDEFINITE APPOINTMENT HAS BEEN WRONGFULLY DISMISSED. [...] THE TRIBUNAL MAY CONSIDER ORDERING THE REINSTATEMENT EVEN OF SOMEONE WHO HELD A FIXED-TERM APPOINTMENT PROVIDED THAT THE CIRCUMSTANCES ARE EXCEPTIONAL". HAVING REFERRED TO THE RELEVANT CASE LAW ON EXCEPTIONS, THE TRIBUNAL OBSERVES THAT THERE IS NOTHING EXCEPTIONAL IN THE PRESENT CASE AND DISMISSES HIS MAIN CLAIM "SINCE REINSTATING HIM WOULD IN THE CIRCUMSTANCES BE TANTAMOUNT TO DIRECT INTERFERENCE BY THE TRIBUNAL IN THE STRUCTURING OF THE ITU'S SECRETARIAT".
Keywords:
case law; complaint allowed; complaint allowed in part; contract; decision quashed; fixed-term; non-renewal; permanent; reinstatement; termination;
Judgment 1316
76th session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 4
Extract:
THE EPO SUBMITS THAT UNLESS THE COMPLAINANT SHOWS THAT HE HAD A GENUINE CHANCE OF GAINING APPOINTMENT TO A POST PUT UP FOR COMPETITION HE MAY NOT CHALLENGE THE APPOINTMENT PROCEDURE. IT THEREFORE ALLEGES THAT THE DECISION HE IS IMPUGNING HAS CAUSED HIM NO INJURY. "THE PLEA IS MISTAKEN. THE MATERIAL QUESTION IS WHETHER THE COMPLAINANT'S RIGHTS AS A CANDIDATE FOR THE POST WERE INFRINGED. [...] THE EPO INCLUDED THE COMPLAINANT IN THE LIST OF APPLICANTS ELIGIBLE FOR CONSIDERATION BY THE SELECTION BOARD AND THEREBY ACCEPTED HIS CANDIDATURE. SO IT MAY NOT NOW CONTEND THAT HE HAD NO INTEREST IN THE OUTCOME OF THE PROCEDURE AND HAS NO RIGHT TO CHALLENGE IT."
Keywords:
candidate; cause of action; competition; competition cancelled; complaint allowed; complaint allowed in part; decision; decision quashed; organisation's duties; selection board;
Judgment 1315
76th session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 11
Extract:
THE TRIBUNAL QUASHES THE RESULTS OF A COMPETITION BECAUSE THE APPOINTMENT PROCEDURE WAS TAINTED WITH BIAS. THIS ENTAILS THE QUASHING OF THE APPOINTMENT OF AN EXTERNAL CANDIDATE. "THE TRIBUNAL EXPECTS THAT THE PRESIDENT WILL TAKE SUCH MEASURES AS WILL ENSURE THAT [THE EXTERNAL CANDIDATE], WHO ACCEPTED THE [APPOINTMENT] IN GOOD FAITH, SUFFERS NO MATERIAL INJURY."
Keywords:
appointment; bias; competition; competition cancelled; complaint allowed; decision quashed; flaw; good faith; misuse of authority; open competition; organisation's duties;
Judgment 1314
76th session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 8
Extract:
THE COMPLAINANT, WHO GOT ASSURANCES FROM THE ILO THAT IT WAS NOT GOING TO FILL A POST IN WHICH HE WAS INTERESTED, ALLEGES ON THE BASIS OF A LIST OF STAFF MOVEMENTS THAT THE ORGANIZATION HAD FILLED THE POST WITHOUT HOLDING AN INTERNAL COMPETITION. IT TURNS OUT THAT THE LIST CONTAINED AN ERROR, OF WHICH THE ILO FAILED TO GIVE THE COMPLAINANT NOTICE, AND THE POST HAD NOT BEEN FILLED. THE TRIBUNAL HOLDS THAT HE DID NOT SUFFER ANY INJURY ON ACCOUNT OF THE ALLEGED DECISION HE IMPUGNS, BUT HOLDS THAT THE ILO LEFT THE MATTER UNCERTAIN FOR SEVERAL MONTHS. THERE BEING NO DECISION FOR THE TRIBUNAL TO QUASH, HIS CLAIMS FAIL SAVE THE ONE TO AN AWARD OF COSTS.
Keywords:
absence of final decision; costs; duty to inform; internal competition; lack of injury; organisation's duties; post;
Judgment 1313
76th session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 6
Extract:
IN AN EARLIER JUDGMENT THE TRIBUNAL ORDERED THE WHO TO REINSTATE THE COMPLAINANT OR, FAILING THAT, TO PAY HIM COMPENSATION. THE WHO PAID HIM THE COMPENSATION AFTER STATING IN A LETTER TO HIM THAT IT WAS UNABLE TO REINSTATE HIM. "THE LETTER [...] DOES NOT SAY WHY REINSTATING HIM PROVED IMPOSSIBLE. IT IS MERE NOTIFICATION, NOT AN EXPLANATION [...] ITS DECISION NOT TO REINSTATE HIM THEREFORE CANNOT STAND."
Keywords:
application for execution; case sent back to organisation; complaint allowed; damages; decision quashed; duty to substantiate decision; refusal; reinstatement; subsidiary;
Judgment 1312
76th session, 1994
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 14
Extract:
THE COMPLAINANT WAS HELD AGAINST HIS WILL IN HIS HOME COUNTRY AND COULD NOT RETURN TO HIS DUTY STATION AT THE END OF HIS HOME LEAVE. HE SEEKS THE QUASHING OF THE DECISION NOT TO RENEW HIS APPOINTMENT. WHETHER OR NOT THE AGENCY WAS COMPETENT TO SETTLE THE ISSUE WHICH LED THE AUTHORITIES OF HIS COUNTRY TO KEEP HIM FROM RETURNING TO HIS DUTY STATION, IT "HAD AND STILL HAS THE DUTY TO SAFEGUARD ITS EMPLOYEE'S RIGHT TO WORK IN FULL INDEPENDENCE FOR HIS EMPLOYER".
Keywords:
case sent back to organisation; complaint allowed; complaint allowed in part; contract; decision quashed; fixed-term; independence; international civil servant; non-renewal; organisation's duties;
CONSIDERATION 12
Extract:
SEE JUDGMENT 1317, CONSIDERATION 24.
Reference(s)
ILOAT Judgment(s): 1317
Keywords:
case law; contract; discretion; fixed-term; judicial review; mistake of fact; mistake of law; non-renewal;
CONSIDERATION 14
Extract:
THE COMPLAINANT STARTED DIVORCE PROCEEDINGS AND WAS CHARGED WITH ACTING AGAINST "LAW AND MORALS" IN HIS HOME COUNTRY AND WAS HELD THERE AGAINST HIS WILL. HE WAS UNABLE TO RETURN TO HIS DUTY STATION AT THE END OF HIS HOME LEAVE AND THE AGENCY DECIDED NOT TO RENEW HIS APPOINTMENT. "CIRCUMSTANCES RELATING TO AN OFFICIAL'S PRIVATE LIFE - EVEN THOUGH THEY MAY PROMPT CIVIL OR PENAL PROCEEDINGS - ARE RELEVANT IN THE AREA OF ADMINISTRATION ONLY INSOFAR AS THEY MAY AFFECT HIS PERFORMANCE OF OFFICIAL DUTIES."
Keywords:
case sent back to organisation; complaint allowed; complaint allowed in part; conduct; contract; decision quashed; fitness for international civil service; fixed-term; municipal court; non-renewal; outside activity; staff member's duties;
Judgment 1311
76th session, 1994
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 8
Extract:
"THE HALLMARK OF 'BASIC SALARY' IS THAT IT TAKES THE FORM OF REGULAR AND UNIFORM PAYMENTS TO LOCAL STAFF BY VIRTUE OF THEIR STATUS AS SUCH, ACCORDING TO PRESCRIBED SCALES AND AT SET DATES. THE 'SPECIAL ALLOWANCES' ARE DISTINGUISHABLE BY BEING DUE ONLY IN PARTICULAR CIRCUMSTANCES THAT ARE USUALLY PECULIAR TO EACH STAFF MEMBER".
Keywords:
allowance; base salary; case sent back to organisation; complaint allowed; complaint allowed in part; decision quashed; definition; scale; social benefit;
CONSIDERATIONS 9 AND 10
Extract:
"IN DETERMINING THE AMOUNT OF BASIC SALARY [...] AS AGAINST THE SPECIAL ALLOWANCES WHAT COUNTS IS SUMS ACTUALLY PAID IN SALARY, WHATEVER THEY MAY BE CALLED AND WHATEVER METHOD OF ACCOUNTING MAY BE APPLIED." THE TRIBUNAL HOLDS THAT WHAT THE ESO REGARDS AS "SPECIAL ALLOWANCES" FORM PART OF "THE BASIC SALARY THAT COUNTS IN RECKONING THE SERVICE INDEMNITY WHERE [IT IS] A REGULAR ADDITIONAL ITEM OF PAY."
Keywords:
allowance; base salary; case sent back to organisation; complaint allowed; complaint allowed in part; decision quashed; definition; elements; reckoning; terminal entitlements;
CONSIDERATION 15
Extract:
"AS A RULE THE CONDITIONS OF EMPLOYMENT OF STAFF ARE SUBJECT EXCLUSIVELY TO THE ESO'S OWN STAFF REGULATIONS AND TO THE GENERAL PRINCIPLES OF THE INTERNATIONAL CIVIL SERVICE: SEE JUDGMENTS 322 UNDER 2; 473 UNDER 2 AND 3; AND 493 UNDER 5. NATIONAL LAWS, AND IN PARTICULAR THOSE OF THE HOST COUNTRY, APPLY ONLY WHERE THERE IS EXPRESS REFERENCE THERETO."
Reference(s)
ILOAT Judgment(s): 322, 473, 493
Keywords:
case law; case sent back to organisation; complaint allowed; complaint allowed in part; decision quashed; domestic law; international civil service principles; staff regulations and rules; terms of appointment;
CONSIDERATION 21
Extract:
THE COMPLAINANT, WHO REACHED RETIREMENT AGE, IS CHALLENGING THE AMOUNT HE RECEIVED IN TERMINAL ENTITLEMENTS. TWO FORMER OFFICIALS, ALSO RETIREES, HAVE FILED APPLICATIONS TO INTERVENE. "IT APPEARS FROM THE WORDING OF THE APPLICATIONS THAT THE INTERVENERS' CASES WERE SETTLED ONCE AND FOR ALL WHEN THEY LEFT THE ESO. THEIR ENTITLEMENTS ARE THEREFORE BEYOND CHALLENGE AND THIS JUDGMENT MAY NEITHER REDUCE NOR INCREASE THEM. THE APPLICATIONS FAIL."
Keywords:
case sent back to organisation; complaint allowed; complaint allowed in part; decision quashed; intervention; reckoning; request; retirement; terminal entitlements;
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