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Terms of appointment

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Keywords: Terms of appointment
Total judgments found: 1,754

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  • Judgment 3282


    116th Session, 2014
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenged the decision not to renew his contract based on an "overall assessment" that his performance was below the acceptable level.

    Consideration 3

    Extract:

    "The guarantee of access to justice is a guarantee of access to a judge, which the complainant has in his ability to bring a complaint before the Tribunal. [...] In this case, Article VI.1.02 of the Staff Rules provides that there is no internal remedy for decisions regarding non-renewal of contract and as such, the complainant has direct access to the Tribunal."

    Reference(s)

    Organization rules reference: Article VI.1.02 of the Staff Rules

    Keywords:

    competence of tribunal; internal appeal; judicial review; non-renewal; right; staff regulations and rules;

    Judgment's keywords

    Keywords:

    breach; compensation; contract; duty of care; flaw; material injury; moral injury; non-renewal;



  • Judgment 3281


    116th Session, 2014
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: Tax refunds due as a result of tax credits.

    Judgment's keywords

    Keywords:

    domestic law; member state; organisation's duties; payment; reckoning; refund; salary; staff regulations and rules; status of complainant; tax;



  • Judgment 3280


    116th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant requests that the 2010 promotion exercise, which was allegedly cancelled for budgetary reasons, be held.

    Judgment's keywords

    Keywords:

    condition; discretion; personal promotion; right;

    Consideration 7

    Extract:

    The complainant contests the decision of Eurocontrol not to organize a promotion exercise for 2010.
    "[A]lthough it is debatable in principle, the general postponement of a promotion round cannot be ruled out completely when Eurocontrol’s financial situation requires it in exceptional circumstances. The explanations furnished by Eurocontrol, the verisimilitude of which the Tribunal does not doubt, show that such circumstances existed in the instant case."

    Keywords:

    condition; organisation's interest; promotion;

    Consideration 3

    Extract:

    The complainant contests the decision of Eurocontrol not to organize a promotion exercise for 2010.
    "Her cause of action in challenging the refusal to hold that promotion round cannot depend on the potential outcome of the round."

    Keywords:

    cause of action; promotion; receivability; refusal;



  • Judgment 3279


    116th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complaints regarding the classification of the complainants’ duties following an administrative reform were dismissed by the Tribunal.

    Consideration 12

    Extract:

    The complainants contest the decision of Eurocontrol not to organize a promotion exercise for 2010.
    "The Tribunal notes that as the decision was justified and is to be considered a proper exercise of discretion, and as the suspension of promotion exercises was planned for only one year, it is unfortunate that some staff were negatively affected by the decision but recognises that Eurocontrol must decide based on the overall well-being of the Organisation as a whole and cannot base its decisions only on the specific and particular situations of individual staff members."

    Keywords:

    discretion; organisation's interest; promotion;

    Consideration 11

    Extract:

    "The Tribunal notes that consistent case law states that staff members are not entitled to promotions, as promotions are discretionary decisions (see Judgments 263, under 2, 304, under 1, 940, under 9, 1016, under 3, 1025, under 4, 1207, under 8, 1670, under 14, 2060, under 4, 2835, under 5, and 2944, under 22). In the present case, the decision was made not to hold a promotion round for 2010 due to the budgetary constraints. The Board proposed the relaunch of the promotion exercises in 2011, as mentioned above. Considering Eurocontrol’s intention to hold a promotion round for 2011 subject to the availability of budgetary funds, the Tribunal is of the opinion that the lack of a 2010 promotion round is not unlawful [...]."

    Reference(s)

    ILOAT Judgment(s): 263, 304, 940, 1016, 1025, 1207, 1670, 2060, 2835, 2944

    Keywords:

    case law; claim; complaint; decision; discretion; joinder; judicial review; promotion; same; submissions;



  • Judgment 3278


    116th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant unsuccessfully impugns the decision confirming the classification of his employment in a new grade bracket.

    Judgment's keywords

    Keywords:

    post classification; staff representative;



  • Judgment 3277


    116th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant unsuccessfully challenges the classification of her employment in a new grade bracket following an administrative reform.

    Judgment's keywords

    Keywords:

    post classification;



  • Judgment 3276


    116th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants unsuccessfully impugn the reclassification of their posts following the reform of the Staff Regulations, which allegedly deprives them of any career advancement.

    Judgment's keywords

    Keywords:

    post classification; reorganisation;



  • Judgment 3275


    116th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the reclassification of their posts as inadequate, not equivalent to their former positions and depriving them of any career advancement.

    Judgment's keywords

    Keywords:

    post classification; reorganisation;



  • Judgment 3274


    116th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complaint about a post reclassification resulting from an administrative reform was dismissed by the Tribunal.

    Judgment's keywords

    Keywords:

    post classification; reorganisation;



  • Judgment 3273


    116th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to place his post in a certain grade group following an allegedly flawed assessment process.

    Judgment's keywords

    Keywords:

    post classification;

    Consideration 6

    Extract:

    "The Tribunal has consistently confirmed that an evaluation or classification exercise is based on the technical judgement to be made by those whose training and experience equip them for that task. It is subject to only limited review. The Tribunal cannot, in particular, substitute its own assessment for that of the organisation."

    Keywords:

    decision; discretion; judicial review; limits; post classification;



  • Judgment 3272


    116th Session, 2014
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges the decision not to appoint her to a vacant post due to procedural flaw and violation of her right to due process.

    Judgment's keywords

    Keywords:

    competition; disclosure of evidence;



  • Judgment 3271


    116th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The application for interpretation of Judgment 2938 is rejected by the Tribunal, while the application for execution of the same judgment is allowed.

    Judgment's keywords

    Reference(s)

    ILOAT Judgment(s): 2938

    Keywords:

    compassionate leave; compensatory allowance; reckoning; reinstatement;



  • Judgment 3268


    116th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the establishment of a staff report containing negative comments.

    Considerations 9, 12 and 13

    Extract:

    "Assessment of an employee’s merit during a specified period involves a value judgement; for this reason, the Tribunal must recognise the discretionary authority of the bodies responsible for conducting such an assessment. Of course, it must ascertain whether the marks given to the employee have been worked out in full conformity with the rules, but it cannot substitute its own opinion for these bodies’ assessment of the qualities, performance and conduct of the person concerned. The Tribunal will therefore interfere in this field only if the decision was taken without authority, if it was based on an error of law or fact, a material fact was overlooked, or a plainly wrong conclusion was drawn from the facts, or if it was taken in breach of a rule of form or procedure, or if there was abuse of authority (see Judgments 2834, under 7, and 3006, under 7). This limitation on the Tribunal’s power of review naturally applies to both the mark given in a staff report and the comments accompanying that mark in the report."
    "The restraint which the Tribunal must exercise [...] does not mean that it can disregard the fact that the comment accompanying the complainant’s productivity rating considerably detracts from the marking “good” and that the countersigning officer’s comments underscore that effect. [...] It follows from the foregoing that the [...] disputed staff report must be set aside."

    Keywords:

    decision quashed; discretion; insurance benefit; international civil servant; limits; rating; supervisor; tribunal;

    Judgment's keywords

    Keywords:

    limits; performance report; rating;



  • Judgment 3267


    116th Session, 2014
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugned the decision not to waive the time limit for lodging an internal appeal, claiming that his heavy workload constituted an exceptional circumstance justifying the grant of a waiver.

    Judgment's keywords

    Keywords:

    discretion; post classification; time limit;



  • Judgment 3266


    116th Session, 2014
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenged the decision not to promote him on the ground that the standard used was too demanding (exceptional performance).

    Considerations 13, 14 and 15

    Extract:

    "At no point in the guidelines was there either expressly or impliedly a requirement that the individual who was being considered for promotion had to, in order to secure promotion, have performed their work or discharge their responsibilities in an exceptional manner.
    It is true that twice in the Guidelines [...] the word “exceptionally” appeared. However, its use served the purpose of stating that promotion on merit would not be a usual or ordinary feature of employment within WIPO. That would doubtless be achieved by applying some rigour in the assessment process when applying the specified criteria. It would also be achieved if, as a practical matter (and as contemplated by paragraph 13 of the Guidelines [...]), a person was to be considered for promotion only if recommended by a supervisor and that supervisors exercise restraint in making such recommendations.
    In the present case, the application of a test or standard that the complainant had to have discharged his responsibilities in an exceptional manner before he was promoted informed the decision-making of the Panel and the Appeal Board. Critically, for present purposes, it was also the test or standard used by the Director General in deciding, effectively, that the complainant should not be promoted [...]. It was a test or standard that misstated, and almost certainly overstated (in the sense that was too demanding), the criteria in the Guidelines."

    Keywords:

    criteria; mistake of law; promotion; staff regulations and rules;

    Judgment's keywords

    Keywords:

    decision; flaw; promotion; recommendation;



  • Judgment 3264


    116th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the decision not to renew her contract after an extension of her probationary period and is granted damages.

    Judgment's keywords

    Keywords:

    breach; confidential evidence; decision; disclosure of evidence; discretion; due process; duty to inform; extension; general principle; good faith; judicial review; non-renewal; organisation's duties; performance report; probation; procedural flaw; respect for dignity; right to reply; unsatisfactory service; work appraisal;

    Consideration 14

    Extract:

    "[D]uring the extension of the probationary period, [...] its duty to act in good faith obligated the Organization to give the complainant guidance and a meaningful opportunity to improve measured against objective standards."

    Keywords:

    good faith; organisation's duties; work appraisal;

    Consideration 11

    Extract:

    "The purpose of probation is to give an organisation an opportunity to evaluate a probationer’s suitability for a position (see Judgment 2646, under 5). This gives rise to corollary obligations on the part of the organisation to warn a staff member in a timely manner that her or his performance is unsatisfactory, to give the staff member guidance and an opportunity to improve and to set objectives against which improvement can be measured. These are “fundamental aspects of the duty of an international organisation to act in good faith towards its staff members and to respect their dignity” (see Judgment 2414, under 23)."

    Reference(s)

    ILOAT Judgment(s): 2414, 2646

    Keywords:

    duty to inform; good faith; organisation's duties; probation; respect for dignity; unsatisfactory service;



  • Judgment 3263


    116th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The application for execution of Judgment 3032 was dismissed by the Tribunal.

    Judgment's keywords

    Reference(s)

    ILOAT Judgment(s): 3032

    Keywords:

    competition cancelled; counterclaim; refusal;



  • Judgment 3262


    116th Session, 2014
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who applied for the position of Legal Advisor, was offered the post, but at a grade lower than that at which it was advertised.

    Judgment's keywords

    Keywords:

    acceptance; appointment; candidate; compensation; contract; grade; moral injury; offer; offer withdrawn; post; respect for dignity;



  • Judgment 3261


    116th Session, 2014
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal considered that the application for execution of Judgment 3036 was justified by the defendant’s delay in executing that judgment.

    Judgment's keywords

    Reference(s)

    ILOAT Judgment(s): 3036

    Keywords:

    organisation's duties; reinstatement; suspension;



  • Judgment 3259


    116th Session, 2014
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The application for execution of Judgments 2830 and 3014 was rejected by the Tribunal.

    Judgment's keywords

    Reference(s)

    ILOAT Judgment(s): 2830, 3014

    Keywords:

    compensatory allowance; decision quashed; organisation's duties; reinstatement; termination;

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Last updated: 30.04.2015 ^ top