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Terms of appointment

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Keywords: Terms of appointment
Total judgments found: 1,709

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  • Judgment 3203


    115th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "It is true that the case law of the Tribunal on the question of benefits for same-sex partners has developed in the last decade. This is illustrated by Judgment 2860. Indeed, there are opinions of individual judges concluding that staff rules denying access to dependency benefits to same-sex partners are unenforceable because they violate fundamental principles of law (see, for example, the dissenting opinion of Justice Hugessen in Judgment 2193)."

    Reference(s)

    ILOAT Judgment(s): 2193, 2860

    Keywords:

    case law; definition; dependant; difference; enforcement; family allowance; interpretation; marital status; provision; same-sex marriage; social benefit; staff regulations and rules;



  • Judgment 3200


    115th Session, 2013
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "Paragraph 5.2 [of the OSDI Quality Assurance Manual] must be interpreted in a manner consistent with the fundamental right of due process to know the name of the accuser except in those circumstances where revealing the identity of the accuser could undermine the integrity of the investigation."

    Reference(s)

    ILOAT reference: Paragraph 5.2 of the OSDI Quality Assurance Manual

    Keywords:

    adversarial proceedings; appraisal of evidence; complaint allowed; complaint allowed in part; disciplinary procedure; disclosure of evidence; due process; duty to inform; organisation's duties; right; right to reply;



  • Judgment 3193


    114th Session, 2013
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "In a case where a complainant establishes that the disputed decision involved an abuse of power, the appropriate relief is often to set aside the decision. Indeed, such a decision should not stand in the face of the conclusion that it involved an abuse of power. [However], in the somewhat unusual circumstances of this case, it would be inadvisable to set aside the disputed decisions notwithstanding the Tribunal’s finding that they involved an abuse of power. The appropriate remedy is therefore to award the complainant moral damages for the indirect consequences of the decisions the Tribunal has concluded were legally flawed."

    Reference(s)

    ILOAT Judgment(s): 496

    Keywords:

    complaint allowed; complaint allowed in part; damages; decision; misuse of authority; moral injury; organisation's interest; post classification; reassignment; transfer;



  • Judgment 3191


    114th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The EPO’s position grounded on a distinction between an appointment and a promotion is fundamentally flawed. An appointment is simply the assignment of an individual to a particular position or post. A promotion is the assignment of an individual to a higher position or rank. The fact that a so called appointment process is used to make a selection or that the assignment is called an appointment does not exclude the fact that it may also be a promotion by virtue of the fact that it also involves the attainment of a higher position or rank or, in this context, grade."

    Keywords:

    appointment; competition; complaint allowed; complaint allowed in part; decision; decision quashed; executive head; flaw; promotion; promotion board; selection board; vacancy; vacancy notice;

    Consideration 14

    Extract:

    "Regarding the contents of the vacancy notice, the confusion, to the extent there was some confusion among potential applicants, involved confusion about the interpretation of the Service Regulations and not the interpretation of the content of the vacancy notice itself. However, in these circumstances, where the EPO was aware of the confusion surrounding the interpretation of its Regulations, it was incumbent on the Administration to clarify the requirements for the position in the vacancy notice."

    Keywords:

    complaint allowed; complaint allowed in part; formal requirements; organisation's duties; staff member's interest; vacancy; vacancy notice;



  • Judgment 3188


    114th Session, 2013
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "It is well settled in the Tribunal’s case law that a failure to respond to a legitimate request of a staff member within a reasonable time may be deemed to be a refusal of the request if the staff member elects to accept that refusal. Additionally, egregious delay in responding to a reasonable request may involve a breach of the obligation to deal with the staff member in good faith. In the present case, the failure of the IAEA to provide the complainant with an updated job description over several years involved a violation of her rights for which she is entitled to compensation."

    Keywords:

    compensation; complaint allowed; complaint allowed in part; good faith; moral injury; organisation's duties; refusal; request; terms of appointment;



  • Judgment 3185


    114th Session, 2013
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5(b)

    Extract:

    "In principle, a supervisor cannot be criticised for recording the mistakes and errors of a subordinate with a view to preparing that person’s periodical performance evaluation, provided that the purpose of that action is, on the one hand, to ensure that the rating will be objective and, on the other hand, to increase the service’s efficiency by improving the performance of the person concerned. In the instant case, however, it is plain from the evidence that this practice was consistently applied to the complainant in order to stigmatise her shortcomings. [...] Her [evaluation] report is thus tainted with a serious flaw which justifies that it be set aside".

    Keywords:

    breach; complaint allowed in part; condition; decision quashed; equal treatment; flaw; general principle; international civil servant; misconduct; organisation's interest; performance report; purpose; rating; supervisor; unsatisfactory service; work appraisal;

    Consideration 7(b)

    Extract:

    "The rule that administrative acts cannot apply retroactively [...] prevents an international organisation from altering definitively established legal situations, for example by calling into question an appraisal of service rendered during an evaluation period prior to the adoption of the new rules, as occurred in the instant case."

    Keywords:

    amendment; complaint allowed in part; non-retroactivity; organisation's duties; period; work appraisal; written rule;



  • Judgment 3180


    114th Session, 2013
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "[T]he complainant is [...] entitled to claim interest for the late payment of the back pay resulting from [...] a [salary] adjustment."

    Keywords:

    adjustment; amount; claim; complaint allowed; delay; interest on damages; payment; salary;



  • Judgment 3173


    114th Session, 2013
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "The approach of the Organization, which is a reflection of the position adopted by the Managing Director, involves an assumption which would not, in all cases, be correct. The assumption is that work-related stress said by an employee to be the result of abuse and harassment, can only arise if, as an objective fact, there has been abuse and harassment. Such an approach takes no account of the possibility that stress can be the product of perceptions and not reality. Put slightly differently, an employee may be exposed to conduct which, viewed objectively, would not be characterised as abuse and harassment. But it does not follow that exposure to that conduct could not induce work-related stress in an employee who perceived that conduct as abusive and harassing. For this reason the answer to the question that was to be considered by the independent panel, i.e. whether the complainant had been subjected to “constant harassment and abuse” by her supervisor would not necessarily have answered the question raised by the complainant’s claim for compensation considered by the [Advisory Board on Compensation Claims]. Her claim raised the question of whether her supervisor’s conduct caused a stress-related illness not whether his conduct, viewed objectively, could be characterised as abuse and harassment."

    Keywords:

    advisory body; compensation; harassment; injury; service-incurred; working conditions;



  • Judgment 3172


    114th Session, 2013
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "A decision taken for an improper purpose is an abuse of authority. It follows that when a complainant challenges a discretionary decision, he or she by necessary implication also challenges the validity of the reasons underpinning that decision. In this respect, the Tribunal may examine the circumstances surrounding the abolition of the post to determine whether the impugned decision was tainted by abuse of authority."

    Keywords:

    abolition of post; breach; competence of tribunal; complaint allowed; complaint allowed in part; decision; discretion; evidence; misuse of authority;



  • Judgment 3166


    114th Session, 2013
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "[T]he JAC appears to have retreated from making the ultimate finding of harassment because the complainant’s own attitude “can be construed as ‘a reasonable explanation for the conduct in question’”. The unexpressed assumption in this conclusion is that it is a legitimate response from a senior manager for the latter to intimidate a staff member who challenges, perhaps even inappropriately, his decisions. [...] It cannot be that intimidation by a senior manager is a reasonable response to a subordinate (including a senior subordinate), even if the latter exceeds his or her role by challenging decisions of the manager. In this respect, the JAC erred in its consideration of the complainant’s grievances. There can, of course, be situations where a subordinate’s refusal to accept the authority of his supervisor provides a complete explanation for the conduct of the supervisor. An example is found in the Tribunal’s Judgment 2468. However, in this case the JAC’s findings [relate to] conduct that cannot be explained away on this basis."

    Reference(s)

    ILOAT Judgment(s): 2468

    Keywords:

    advisory body; advisory opinion; complaint allowed; complaint allowed in part; conduct; decision; definition; flaw; harassment; insubordination; supervisor; working relations;

    Considerations 18 and 19

    Extract:

    "[T]he JAC made a finding of procedural irregularities in relation to the consideration of the complainant’s grievances. It recognised, as this Tribunal has stated, that an organisation has a duty to its staff members to investigate claims of harassment (see Judgment 3071). This conclusion would have warranted consideration of a remedy. However, the JAC adopted the approach, accepted by the Secretary General, that the Federation had “acted in the [complainant’s] favour” because the contract of [the alleged harasser], amongst others, had not been renewed.
    The non-renewal of [that person]’s contract did not involve a vindication of the complainant’s rights. Ordinarily, the mechanism for addressing the violation of a person’s rights is to award compensation to the aggrieved person or to make an order restoring the person to the position he or she would have been in but for the violation. The nonrenewal of the contract of a person who had violated a complainant’s rights may, of course, provide moral comfort to the complainant. However, the task of the Secretary General is to determine a response in relation to a grievance formally raised and established which remedies the effect of the proven violation of rights. The non-renewal of a contract, such as occurred in the present case, does not serve this purpose."

    Reference(s)

    ILOAT Judgment(s): 3071

    Keywords:

    advisory body; claim; compensation; complaint allowed; complaint allowed in part; contract; damages; decision; executive head; harassment; injury; moral injury; non-renewal; organisation's duties; procedural flaw;



  • Judgment 3162


    114th Session, 2013
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    "An allegation of dishonesty is an allegation of unsatisfactory conduct that may result in disciplinary action. As such, it must be dealt with in accordance with the organisation’s prescribed procedures (see Judgment 1724, under 14). That was not done in this case. This failure deprived the complainant of an opportunity to defend himself against a serious allegation and reflects a serious breach of his right to due process. The breach is particularly egregious having regard to the complainant’s work and the nature of the allegations."

    Reference(s)

    ILOAT Judgment(s): 1724

    Keywords:

    breach; complaint allowed; complaint allowed in part; disciplinary measure; due process; general principle; good faith; moral injury; organisation's duties; procedural flaw; procedure; right to reply; written rule;



  • Judgment 3159


    114th Session, 2013
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9, 19 and 20

    Extract:

    "The terms of Staff Rule 1050.2 are clear. They impose a duty on the Organization in specified circumstances. The duty is to use reasonable efforts to reassign a staff member whose post is being abolished. The specified circumstances are, as to a staff member on a fixed-term appointment, that the staff member has served “for a continuous and uninterrupted period of five years or more”. The expression “continuous and uninterrupted” fairly emphatically focuses attention on service of a particular character. There is no basis in the language of the Staff Rule to treat its operation as ambulatory in the sense that a person who has been on a fixed-term appointment but has not served in that capacity for a continuous and uninterrupted period of at least five years is nonetheless a person to whom the Organization, by operation of the Rule, is under a duty to make reasonable efforts to reassign. [...] However, a staff rule cast in terms of Staff Rule 1050.2 does not preclude the possibility that the Organization is under a duty requiring proactive conduct in circumstances not comprehended by the Rule itself. WHO does not put in issue that there is a general duty of loyalty, as the complainant contends. What might be required of an organisation in broadly similar circumstances was considered by the Tribunal in Judgment 2902. [...] The same reasoning can be applied in the present case. The complainant and WHO found it mutually acceptable, and with benefits accruing to both, for the complainant to be employed on a series of short-term appointments for much of the complainant’s employment. But the complainant nonetheless had worked, in a real and practical sense, for over a decade and a half in the service of the Organization. In those circumstances, WHO was obliged to explore with the complainant other employment options prior to his separation."

    Reference(s)

    Organization rules reference: Staff Rule 1050.2
    ILOAT Judgment(s): 2902

    Keywords:

    abolition of post; contract; duration of appointment; enforcement; fixed-term; general principle; intention of parties; non-renewal; organisation's duties; reassignment; short-term; staff regulations and rules; successive contracts;



  • Judgment 3158


    114th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "[T]he conditions listed in the explanatory note of 20 October 2000 involve an interpretation of both 'generally accepted medical treatment' and 'proven therapeutic effects', in order to determine what constitutes 'medicines' for the purpose of Article 20(b)(2) of the [Collective Insurance Contract]. The Tribunal considers that such an interpretation implies a medical opinion. Accordingly, the questions of whether the products prescribed for the use of the complainant are 'medicines' for the purpose of the insurance policy and whether the complainant is entitled to be reimbursed under the policy consistent with his rights under Article 83 of the Service Regulations, require a medical opinion. As a result, these questions have to be referred to the Medical Committee in accordance with Article 90(1), paragraph 2 [...]."

    Reference(s)

    Organization rules reference: Articles 83 and 90 of Service Regulations

    Keywords:

    advisory body; complaint allowed; complaint allowed in part; insurance; insurance benefit; interpretation; medical board; staff regulations and rules;

    Consideration 5

    Extract:

    "[T]he consensus between the Office and the insurance broker contained in the explanatory note of 20 October 2000
    [...] should not be considered as binding, since it merely establishes guidelines interpreting the term 'medicines' as contained in Article 20(b)(2) of the [Collective Insurance Contract]."

    Keywords:

    complaint allowed; complaint allowed in part; insurance; insurance benefit; interpretation;



  • Judgment 3157


    114th Session, 2013
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9 and 11

    Extract:

    "[H]aving regard to the submissions [...], the Tribunal notes that the complainant was excluded from the technical evaluation on the grounds that he did not possess all the required qualifications, but that the [three] candidates shortlisted [...] did not possess them either. [...] [T]he complainant received unequal treatment when the shortlist was established. As the selection process is tainted with a flaw, the impugned decision must be set aside and the disputed appointment must be cancelled [...]. The Organization must shield the successful candidate from any injury that might result from the cancellation of his appointment, which he accepted in good faith."

    Keywords:

    appointment; breach; candidate; competition; competition cancelled; complaint allowed; consequence; criteria; decision quashed; degree; equal treatment; good faith; grounds; internal competition; lack of injury; organisation's duties; procedural flaw; rejected permanently;



  • Judgment 3156


    114th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "Since organisations must prevent [any] abuse of the right of free speech [enjoyed by bodies representing the staff], the Tribunal’s case law does not absolutely prohibit the putting in place of a mechanism for the prior authorisation of messages circulated by [such] bodies [...]. An organisation acts unlawfully only if the conditions for implementing this mechanism in practice lead to a breach of that right, for example by an unjustified refusal to circulate a particular message."

    Keywords:

    bias; breach; collective rights; condition; facilities; flaw; freedom of speech; judicial review; limits; organisation's interest; refusal; right; staff representative; staff union;



  • Judgment 3154


    114th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The ordinary meaning of 'gross salary' is the full amount of a staff member’s regular remuneration including allowances, overtime pay, commissions and bonuses, and any other amount usually paid, before any deductions are made. In context, the notion of 'gross salary' was chosen to indicate the base salary prior to the staff deduction, plus all allowances and benefits. This interpretation is consistent with the fact that the award of damages had to be the equivalent of reinstatement and that the express purpose was to compensate the complainant for the time he 'should have worked with the Union'."

    Keywords:

    amount; application for interpretation; compensation; damages; gross salary; interpretation; judgment;



  • Judgment 3153


    114th Session, 2013
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "As the complainant was not reinstated, her employment relationship with WMO ended on 3 November 2006 and with her separation from service, her right to participate in the UNJSPF ended (see Judgments 1338, 1797 and 1904). Further, as also stated in Judgment 2621 under 5, 'had it been its intent the Tribunal would have specifically ordered the payment of an amount equivalent to the pension fund contributions that would otherwise have been paid by the [organisation]'."

    Reference(s)

    ILOAT Judgment(s): 1338, 1797, 1904, 2621, 3061

    Keywords:

    application for execution; application for interpretation; case law; contributions; judgment; organisation's duties; pension; reinstatement; unjspf;



  • Judgment 3142


    113th Session, 2012
    Energy Charter Conference
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "Indeed, to make a staff member’s contract renewal dependent on the outcome of an investigation of his or her claim of harassment is a clear disincentive to the making of a claim, even if the claim is justified."

    Keywords:

    complaint allowed in part; condition; contract; extension; harassment; inquiry;



  • Judgment 3141


    113th Session, 2012
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 36

    Extract:

    "[W]hen recruiting its officials an international organisation must ensure that their status complies with the laws of the host State governing the residence of aliens, failing which it may be held to have abused the privileges and immunities conferred upon it and upon its staff members."

    Keywords:

    appointment; complaint allowed; complaint allowed in part; domestic law; headquarters; member state; misuse of authority; organisation's duties; privileges and immunities;



  • Judgment 3135


    113th Session, 2012
    Technical Centre for Agricultural and Rural Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "[T]he terms of employment of staff members of international organisations may vary according to amendments of the existing staff regulations or staff rules and [...] such references to the original provisions as may be contained in their employment contracts do not prevent this."

    Keywords:

    amendment; applicable law; contract; international civil servant; provision; staff regulations and rules; terms of appointment;

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Last updated: 23.04.2014 ^ top