ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword

Terms of appointment

You searched for:
Keywords: Terms of appointment
Total judgments found: 117

< previous | 1, 2, 3, 4, 5, 6 | next >



  • Judgment 1019


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    vide judgment 1020, consideration 13.

    Reference(s)

    ILOAT Judgment(s): 1020

    Keywords:

    acquired right; amendment; equal treatment; general principle; good faith; judicial review; non-retroactivity; organisation's duties; terms of appointment; transfer of headquarters;

    Consideration 11

    Extract:

    vide judgment 1020, consideration 13.

    Reference(s)

    ILOAT Judgment(s): 1020

    Keywords:

    acquired right; resignation; transfer; transfer of headquarters;

    Consideration 11

    Extract:

    vide judgment 1020, consideration 13.

    Reference(s)

    Organization rules reference: ARTICLE 2 OF SECTION 2 OF APPENDIX VII OF THE THE INTERPOL STAFF RULES

    Keywords:

    acquired right; competence of tribunal; transfer of headquarters;

    Summary

    Extract:

    vide judgment 1020.

    Reference(s)

    ILOAT Judgment(s): 1020

    Keywords:

    compensatory allowance; compensatory measure; notice; refusal; start of time limit; termination; time limit; transfer; transfer of headquarters;

    Consideration 10

    Extract:

    the complainants initially accepted the transfer but later changed their minds. they must be deemed never to have consented to leaving their posts. "if there was anything retroactive about the period of notice, that was attributable, not to any decision of interpol's, but to their own shift of position."

    Keywords:

    acceptance; complainant; non-retroactivity; refusal; transfer;

    Consideration 11

    Extract:

    vide judgment 1020, consideration 13.

    Reference(s)

    Organization rules reference: ARTICLE 53 OF THE INTERPOL STAFF REGULATIONS
    ILOAT Judgment(s): 1020

    Keywords:

    acquired right; amendment; contract; staff regulations and rules;



  • Judgment 986


    67th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    though the tribunal "has held that the new scale [of pensionable remuneration] impairs the complainants' rights, it cannot now set the amount of their entitlements." its ruling will therefore be one of principle.

    Keywords:

    amendment; amount; damages; injury; pension; pensionable remuneration; reduction; scale;

    Consideration 16

    Extract:

    on 1 april 1987 the ilo brought in a new scale which further lowered pensionable remuneration. though there is no going back on what was said in earlier judgments "the complainants may back up their case against the decisions they impugn by citing the earlier ones on the same subject [vide judgments 832 and 862]. the full set of decisions is material in ruling on the plea of breach of acquired rights even though, if breach there has been, the consequences will touch only the decisions now under challenge."

    Reference(s)

    ILOAT Judgment(s): 832, 862

    Keywords:

    acquired right; consequence; cumulative decisions; pension; pensionable remuneration; reduction; res judicata; scale;

    Considerations 23 and 24

    Extract:

    the tribunal holds that as a result of the further reduction in pensionable remuneration brought in on 1 april 1987 the complainants are "worse off, to an extent ... that goes beyond the bounds of the ilo's discretionary authority"; the reduction is in breach of the essential terms of their employment. the tribunal quashes the impugned decisions and makes the following ruling of principle: "if the amount of the pension each of them gets when the 1987 scale is taken into account proves to be at least 3 per cent lower than the amount he or she gets when it is not, compensation shall be due for any loss over and above the 3 per cent."

    Keywords:

    acquired right; breach; complaint allowed; decision quashed; pension; pensionable remuneration; reduction; scale; terms of appointment;

    Consideration 5

    Extract:

    "the tribunal may not review the management of the [united nations joint staff pension] fund, the sole basis of its competence in this case being the ilo's staff regulations."

    Keywords:

    competence of tribunal; iloat; pension; unjspf;

    Consideration 13

    Extract:

    "being neither arbitrator nor mediator, the tribunal has only a limited power of review [in the area of staff remuneration] and will declare whether the impugned decisions square with general principles, with the staff regulations and with the terms of the complainants' appointment."

    Keywords:

    competence of tribunal; enforcement; general principle; salary; staff regulations and rules; terms of appointment;

    Consideration 16

    Extract:

    "a ruling on the lawfulness of a decision calls for review of all the material evidence, and especially in times of change in which the decision has been taken. one relevant criterion is the ultimate purpose. a run of small amendments may offend against the whole spirit of the rules, and to ignore them would be a miscarriage of justice".

    Keywords:

    acquired right; amendment; cumulative decisions; judicial review; purpose; staff regulations and rules; terms of appointment;

    Consideration 2

    Extract:

    "the complainants are alleging breach of the staff regulations: to be precise, of article 3.1.1, which defines pensionable remuneration. as it held in judgments 832 and 862 the tribunal is competent under article ii(1) of its statute to entertain complaints of that kind, seeking as they do the quashing of decisions allegedly in breach of the terms of appointment of staff. what is at issue is the relationship between the organisation and its staff, [and in such matters] the tribunal is fully competent".

    Reference(s)

    ILOAT reference: ARTICLE II(1) OF THE ILOAT STATUTE
    Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS
    ILOAT Judgment(s): 832, 862

    Keywords:

    breach; competence of tribunal; judicial review; pensionable remuneration; provision; staff regulations and rules;

    Consideration 3

    Extract:

    "even when there has been amendment of staff regulations there will be breach of an acquired right that warrants setting the decision aside if the altered term of appointment is 'fundamental' and 'essential'."

    Keywords:

    acquired right; amendment; definition; staff regulations and rules; terms of appointment;

    Consideration 7

    Extract:

    "the relations of staff with an international organisation do not end when they leave its employ. the pension scheme forms part of the administrative arrangements they may look forward to and, like pay, pensions are governed by basic rules that are binding on the organisation. foremost among them is noblemaire, the purpose of which is not to bestow privilege on international civil servants but to draw some of the best people from every country into the service."

    Keywords:

    enforcement; international civil service principles; noblemaire principle; pension; salary; separation from service;



  • Judgment 972


    66th Session, 1989
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "the complainant's performance reports all show that he was a highly competent and dedicated officer who did valuable work for the organization, and letters in the dossier support the view that administrations in several countries appreciated the effectiveness of the programme he supervised. there is therefore no question of the non-renewal's being justified by unsatisfactory professional performance on his part."

    Keywords:

    contract; fixed-term; non-renewal; performance report; satisfactory service;

    Consideration 18

    Extract:

    "the secretary-general not only omitted to give due weight to the complainant's excellent record of service over a period of seven years, but also [...] overlooked essential facts. the five reasons stated are based on mistakes of fact which could have been put right if the secretary-general had agreed to give him a hearing. in so holding the tribunal is not interfering in the actual management of the organization. because of those flaws his decision not to renew the complainant's appointment must be set aside."

    Keywords:

    complaint allowed; contract; decision quashed; disregard of essential fact; fixed-term; flaw; grounds; mistake of fact; non-renewal; satisfactory service;

    Consideration 5

    Extract:

    by virtue of regulation 1.2 of the wmo staff regulations and staff rules, "as the executive head of the organization the secretary-general is under a duty to lay down and enforce rules that are consistent with the broad principles of policy set out in the staff regulations for the staffing and administration of the secretariat and to ensure respect for the fundamental conditions of service and basic rights of staff members set out in the rules."

    Reference(s)

    Organization rules reference: REGULATION 1.2 WMO STAFF REGULATIONS AND STAFF RULES

    Keywords:

    enforcement; organisation's duties; staff regulations and rules; terms of appointment;

    Consideration 6

    Extract:

    "the decision whether or not to renew or convert is at the secretary-general's discretion and the tribunal's case law is that it will interfere only if such a decision was taken without authority [etc]".

    Keywords:

    contract; discretion; fixed-term; judicial review; non-renewal;

    Decision

    Extract:

    the decision not to renew the complainant's contract is set aside. the tribunal holds that in the circumstances reinstatement would not be advisable. it orders the organization to pay the complainant the equivalent of two years' salary as damages for material injury, 25,000 swiss francs for moral injury and 10,000 swiss francs as costs.

    Keywords:

    amount; contract; costs; damages; decision quashed; fixed-term; material injury; moral injury; non-renewal;



  • Judgment 910


    64th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "it is not reasonable for a former employee who had been absent for five months to assume that there had been no change in policy affecting the rights of employees during the period of her absence. if the prospect of on-local status was indeed an important factor in her applying for further employment it was incumbent upon her to find out whether the same practice applied as before. had she done so she would have been told that it did not. since she failed to do so she may not rely on the organization's failure to inform her of the change since there was no such duty on the organization."

    Keywords:

    amendment; duty to inform; local status; non-local status; organisation's duties; practice; terms of appointment;



  • Judgment 886


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    in judgment 855, "under 16, the tribunal upheld its earlier ruling in judgment 657 of 18 march 1985 [...]: there was nothing improper about applying the eight-year rule, which was indeed in keeping with the administrative council's guidelines. [the complainant] had no right to fare better on the strength of a method of reckoning that had been superseded by the time he took up duty, the less so since he had been told of the terms of appointment in force at the time and had consented to them."

    Reference(s)

    ILOAT Judgment(s): 657, 855

    Keywords:

    administrative instruction; amendment; appointment; date; enforcement; professional experience; provision; reckoning; seniority; terms of appointment;

    Consideration 10

    Extract:

    "the complainant was recruited from the british office before the guidelines in circular 144 came in but in the course of a period in which the guidelines had retroactive effect. [...] he was governed by the rules in force before circular 144 and at the time of his recruitment." the circular creates a transitional class, who in these circumstances, are governed by the previous directives (see judgment 855).

    Reference(s)

    Organization rules reference: CIRCULAR 144
    ILOAT Judgment(s): 855

    Keywords:

    administrative instruction; amendment; appointment; consequence; date; enforcement; provision; transitional measures;



  • Judgment 881


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12 and 13

    Extract:

    the complainant asks that his professional experience be reckoned anew. "professional experience and further studies will count under the guidelines only if subsequent to the date of the degree or diploma that qualifies for recruitment. [...] periods of study, training or other experience prior to obtaining the professional qualification required for appointment to the epo do form part of the qualification for which they constitute preparation and cannot count all over again as professional experience."

    Keywords:

    appointment; condition; degree; professional experience; reckoning; seniority;

    Consideration 14

    Extract:

    "likewise immaterial are the level and length of the experience [the complainant] says should count, and how long such experience must be to be treated as exceptional under i.1 [of circular 144]. such questions arise only where the applicant has no degree but is recruited on the strength of exceptional practical experience."

    Reference(s)

    Organization rules reference: POINT I.1 OF CIRCULAR 144

    Keywords:

    appointment; degree; exception; professional experience; subsidiary; terms of appointment;



  • Judgment 860


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    as to identity in the cause of action, mr. [a.] notes that the tribunal had in part rejected the complainants' plea of breach of good faith on the grounds that they had taken up duty after the new criteria had taken effect. mr. [a.] contends that this reasoning does not apply to him insofar as he had taken up duty before the change in rules. the tribunal acknowledges that there is on this point a new cause of action; however it holds on the merits that a staff member has no right, save in exceptional cases, to demand that the rules on promotion in force at the time of appointment should never be modified.

    Reference(s)

    ILOAT Judgment(s): 657

    Keywords:

    acquired right; amendment; application for review; appointment; date; effective date; general principle; good faith; practice; promotion; provision; receivability; res judicata; same cause of action; terms of appointment;



  • Judgment 851


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "as the tribunal ruled in judgment 819 [in re franks], it is not discriminatory to credit military and comparable service in full; indeed the purpose and the effect are to restore parity between those whose professional training has been held up by having to serve in the national interest and those who have been able to get on with their training without discharging that duty."

    Reference(s)

    ILOAT Judgment(s): 819

    Keywords:

    equal treatment; military service; professional experience; reckoning; seniority;

    Consideration 14

    Extract:

    "there is no breach of the principle of equal treatment in the fact that the guidelines, so as to attract qualified people, set a higher value on a few kinds of experience, particularly those that are closely relevant to epo work."

    Keywords:

    difference; equal treatment; professional experience; reckoning; seniority;

    Consideration 10

    Extract:

    "some differences will have to be allowed in the content and standard of engineering degrees until there is international standardisation. for an international organisation like the epo the only fair and practical approach is to demand for an examiner's post the qualifications required for equivalent duties in the applicant's home country."

    Keywords:

    date; degree; difference; equal treatment; general principle; professional experience; reckoning; seniority; terms of appointment;

    Summary

    Extract:

    the complainant objects to provisions in the new guidelines which discount periods of professional activity to the detriment of staff members on duty at 31 december 1984, since such experience may, in certain cases, be counted in full only for staff recruited after that date. the tribunal observes that the circular concerns recruitment and is intended to draw the skilled people needed by the organisation. accordingly, the tribunal finds that the distinction at issue answers a need within the organisation.

    Keywords:

    administrative instruction; amendment; equal treatment; organisation's interest; professional experience; provision; reckoning; seniority; terms of appointment;

    Considerations 22 and 23

    Extract:

    circular 144 limits total reckonable experience to twelve years. the purpose of this provision is "to deter late-comers and those who would otherwise hamper the advancement of others who have preferred to spend most of their career in the epo. [this limit] reflects a reasonable policy on recruitment and career development."

    Reference(s)

    Organization rules reference: CIRCULAR 144

    Keywords:

    administrative instruction; career; limits; organisation's interest; professional experience; purpose; reckoning; seniority; terms of appointment;



  • Judgment 850


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9 and 11

    Extract:

    the complainant claims that useful experience he gained doing scientific work before receiving the academic degree on the strength of which he was appointed to the office should count. that degree "is the qualification that determines what prior experience shall count. [...] the complainant may not avail himself of the opportunities provided by the [new] guidelines in favour of staff members who have been admitted as exceptional cases on the strength of their practical experience. the appointment of such staff members presupposes in each case a specific assessment of their experience, and no such assessment is made for university graduates."

    Keywords:

    administrative instruction; date; degree; equal treatment; professional experience; reckoning; seniority; terms of appointment;



  • Judgment 832


    62nd Session, 1987
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    as a result of the adoption of a new scale of pensionable remuneration, article 3.1.1 of the ilo staff regulations was amended. "the complainants' case does not rest on breach of any term of their contracts or of any provision of the staff regulations. what they are saying is that as applied to them article 3.1.1 of the regulations impairs their acquired rights. their complaints will therefore be receivable if the application of 3.1.1 does cause them injury."

    Reference(s)

    Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS

    Keywords:

    amendment; cause of action; competence of tribunal; condition; enforcement; general decision; individual decision; injury; pension; pensionable remuneration; provision; receivability; scale; staff regulations and rules;

    Consideration 15

    Extract:

    "the reckoning of the pension depends on such factors as the cost of living, currency rates and rates of tax in the country of the pensioner's residence. those are variables that may preclude the creation of acquired rights. the financial plight of the fund has over the years become alarming."

    Keywords:

    acquired right; cost-of-living increase; effect; exchange rate; pension; pension entitlements; reckoning; tax; unjspf;

    Consideration 14

    Extract:

    "the first [test] is the nature of the altered term. it may be in the contract or in the staff regulations or staff rules or in a decision, and whereas the contract or a decision may give rise to acquired rights the regulations and rules do not necessarily do so. the second test is the reason for the change. it is material that the terms of appointment may often have to be adapted to circumstances, and there will ordinarily be no acquired right when a rule or a clause depends on variables such as the cost-of-living index or the value of the currency. nor can the finances of the body that applies the terms of appointment be discounted. the third test is the consequence of allowing or disallowing an acquired right. what effect will the change have on staff pay and benefits ? and how do those who plead an acquired right fare as against others?"

    Keywords:

    acquired right; amendment; contract; cost-of-living increase; definition; equal treatment; exchange rate; provision; staff regulations and rules; terms of appointment;

    Consideration 16

    Extract:

    while rejecting the complainants' plea of breach of acquired rights regarding their pensions, the tribunal holds that "they may ask the ilo to accept restraint in its dealings with staff. an international organisation should refrain from any measure which is not warranted by its normal functioning or the need for competent staff. it is bound by the general principles of law such as equality, good faith and non- retroactivity. it will act from reasonable motives and avoid causing unnecessary or undue injury."

    Keywords:

    acquired right; decision; grounds; international civil service principles; organisation's duties; pension;

    Consideration 15

    Extract:

    "international civil servants quite understandably put stock in their retirement benefits and quite rightly want an income that, even if it will not sustain the same standard of living, will at least be comfortable. the decisions impugned do mar the outlook, in some cases seriously. but that is not enough to establish breach of an acquired right."

    Keywords:

    acquired right; amendment; amount; breach; grounds; insurance benefit; international civil servant; lack of evidence; retirement; same; separation from service;



  • Judgment 751


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "it is [...] immaterial that the committee did not comment on the figures in the new salary scales. [...] in this instance what 'concerns the whole or part of the staff' is the rules for calculating the salaries of staff categories, not the actual amounts individual staff members will be paid".

    Keywords:

    advisory body; advisory opinion; amendment; consultation; enforcement; organisation's duties; provision; reckoning; salary; scale; staff regulations and rules;

    Consideration 3

    Extract:

    "the plea that no reasons were given for the impugned decision is also unsound. there can be no obligation whatever on the epo to state its reasons for introducing scales approved by the council. such a decision finds its justification quite simply in the administration's position of subordination to the council."

    Keywords:

    administrative instruction; amendment; decision; duty to substantiate decision; enforcement; executive body; general decision; provision; salary; scale;

    Consideration 5

    Extract:

    "an international official has an acquired right to the continuance of such terms of employment as determined him to accept employment with the organisation. the terms of his employment may be altered as the interests of efficiency may require, but only provided that those which originally led him to conclude the contract are not disrupted."

    Keywords:

    acquired right; definition; terms of appointment;

    Consideration 5

    Extract:

    "not only may the new method of adjusting salary bring about no reduction in salary but the wage 'restraint' may not be more than 1 per cent a year for b staff and o,5 for c staff. the purpose being merely to check increases in pay without lowering basic salary, there was no alteration of the terms of employment such as to infringe any acquired right."

    Keywords:

    acquired right; adjustment; amendment; base salary; reduction; salary; terms of appointment;



  • Judgment 674


    56th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant makes unsound objections to the application of guidelines presently in force. an official has no right to demand that rules in force at the time of joining the organisation not be amended. the tribunal sees no evidence of breach of the principle of equal treatment, as claimed by the complaint. the reason why officials recruited at a.3 and those recruited at a.2 and promoted to a.3 do not fall under the same rule is that their factual positions are not the same.

    Keywords:

    acquired right; amendment; equal treatment; promotion; provision; staff regulations and rules; terms of appointment;



  • Judgment 613


    53rd Session, 1984
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant's present contract, converting the original, extended appointment, bears out his original status as a locally recruited member of the general service staff. at the time of signing he was aware of the organization's position that he had local status. he made no objection until after the contract had come into force. "there is nothing in who rules to oblige the organization to grant non-local status to someone [...] merely because he is a citizen of a country other than that of the duty station or has been resident in the country of his nationality."

    Keywords:

    general service category; local status; nationality; non-local status; residence; terms of appointment;

    Summary

    Extract:

    the complainant, a citizen of the united states on a visit to alexandria, was granted a short-term appointment. that appointment, on the basis of local recruitment, was extended several times. he was then given a fixed-term appointment on the basis of local recruitment. the tribunal observes that this last contract converted the earlier ones; by signing the contract without making any objection, the complainant accepted his local-recruitment status. the request for non-local status is dismissed.

    Keywords:

    acceptance; appointment; contract; local status; non-local status; short-term; terms of appointment; waiver of right of appeal;



  • Judgment 551


    50th Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "promotion is a matter within the discretion of the president and administrative council and the staff member has no right or expectation that the rules or policy applicable at the date of his contract will remain unchanged."

    Keywords:

    acquired right; amendment; discretion; promotion; provision; staff regulations and rules;

    Consideration 5

    Extract:

    "a system which discriminates in the matter of promotion between officials according to their nationality seriously offends against the principle of equal treatment and should as a general rule be forbidden. [...] in the unusual circumstances of this case [in order] to establish a new secretariat, the tribunal holds that the administrative council was free to lay down for a strictly limited period conditions for promotion which differed according to nationality." the object was to secure a balanced staff. there is no evidence to suggest any abuse of authority by the administration, and its action was therefore not unlawful.

    Keywords:

    equal treatment; nationality; promotion;

    Consideration 5

    Extract:

    "although international organisations may determine quotas for recruitment for the purpose of preserving or developing the international character of the staff, officials are normally entitled to objective treatment after they have taken up duty. this is a general rule. if in any particular case it can be shown that a scheme for determining quotas on recruitment would not work satisfactorily unless it was extended in a limited way to subsequent promotion, an exception may be justified."

    Keywords:

    appointment; equal treatment; geographical distribution; nationality; promotion;

    Consideration 4

    Extract:

    "the nationals of what may be called the home country of an organisation enjoy because of their nationality advantages denied to the nationals of other countries. [...] it has generally been accepted that an organisation may offer special benefits to staff recruited abroad, since without some compensation such staff would be in a worse position financially than staff recruited in the home country."

    Keywords:

    equal treatment; nationality; terms of appointment;



  • Judgment 545


    50th Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    on taking up duty, the complainant knew that he would be in grade 4, which he would hold until reaching the age of 30, even though his post was normally graded b.5. by accepting the appointment and unconditionally starting work, he clearly indicated his acceptance of the terms of appointment as offered. to apply some few months later for review of the terms of appointment was to go against the organisation's "reasonable expectation and to act in breach of the principle of good faith, and his application was correctly rejected for that reason."

    Keywords:

    acceptance; appointment; good faith; grade; terms of appointment;

    Consideration 3

    Extract:

    "a staff member is not bound for ever more by the terms of his appointment. but if he does challenge them he must respect the limitations of good faith."

    Keywords:

    acceptance; complainant; good faith; terms of appointment;



  • Judgment 523


    49th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant's post having been abolished neither in substance nor in form (but transferred to another duty station), the termination of his contract was unlawful. on the alternative view, the complainant would find himself deprived of the right given to staff members in the general service category under a rule which makes transfer to a new station subject to the staff member's consent. as reinstatement is not an appropriate remedy, the organization must pay the complainant $40,000 as compensation and $6,000 in costs.

    Keywords:

    abolition of post; amendment; complaint allowed; decision quashed; duty station; general service category; termination; terms of appointment; transfer;

    Consideration 6

    Extract:

    "the complainant asks [...] for [...] compensation for prejudice caused to his career as an international civil servant; no doubt he could have expected that, but for the reorganisation, his contract in washington would have been renewed; nevertheless as things have happened, the reorganisation would have been a good ground for non-renewal."

    Keywords:

    career; contract; fixed-term; injury; professional injury; termination;

    Considerations 4 and 5

    Extract:

    the post was not abolished: the contract was unlawfully terminated. if the post had been abolished, abolition would have been an abuse of power. the device used would have deprived the complainant of the right given him by a staff rule to with hold his consent to an assignment to a station other than that for which he had been recruited.

    Keywords:

    abolition of post; amendment; duty station; flaw; general service category; misuse of authority; refusal; termination; terms of appointment; transfer;



  • Judgment 491


    48th Session, 1982
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "when the complainant signed the contract he was fully aware of the terms of employment [...] he consented to those terms [...] he may not validly contend that advantage was taken of his own good faith since, on learning the position(*) of most of his fellow officials, he might have objected and sought the conclusion of a new contract for himself."
    (*) in respect of working hours and overtime

    Keywords:

    acceptance; contract; good faith; overtime; terms of appointment; working hours;

    Consideration 5

    Extract:

    the staff regulations stipulate that a contract "may not be altered by implied or even oral agreement. the organisation may be wrong to require an official - who wishes after all to keep his employment - to provide services not stipulated in his contract. but this is not the case here."

    Keywords:

    amendment; contract; formal requirements; organisation's duties; terms of appointment;



  • Judgment 490


    48th Session, 1982
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "there is no formal requirement, such as a written text, for an employment contract to be superseded."

    Keywords:

    contract; formal requirements;

    Consideration 5

    Extract:

    vide judgment 491, consideration 5.

    Reference(s)

    ILOAT Judgment(s): 491

    Keywords:

    amendment; contract; formal requirements; organisation's duties; terms of appointment;



  • Judgment 486


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "the tribunal is competent to hear complaints alleging non-observance of the terms of appointment of officials and of such provisions of the staff regulations as are applicable to the case. the tribunal has not given a narrow construction to 'terms of appointment'; it has treated the expression as sufficiently wide to cover obligations arising from the relationship created by the appointment."

    Keywords:

    competence of tribunal; contract; iloat statute; interpretation; provision; terms of appointment;

    Considerations 4 and 8

    Extract:

    the complainant was promoted from gs to p. this change was not an appointment. under the stated policy of the organization such a promotion justified a review of the place of residence. but such a statement of practice "must not conflict with the rule which it is elaborating". the applicable provision stipulates that the place determined at the time of appointment should be recognised throughout the service. "this forbids the change of residence which the complainant is asking the tribunal to order."

    Keywords:

    amendment; contract; enforcement; general service category; local status; practice; professional category; promotion; provision; residence; staff regulations and rules;

    Consideration 6

    Extract:

    the complainant moved from grade gs.8 to p.2. "the tribunal doubts whether the change was an appointment of any sort; the complainant remained in the same post which was reclassified into a higher grade. but anyway appointment is a word whose meaning depends upon the context. it can be used to mean an appointment to the staff of [the organization] or an appointment to a post on the staff. [here] it is clearly being used in the former sense, as an appointment to the service. [...] it is not and cannot be contended that in january 1979 the complainant concluded one period of service and without changing his post embarked upon another. this solution must be rejected."

    Keywords:

    appointment; consequence; general service category; post classification; professional category; promotion;

    Considerations 7 and 8

    Extract:

    it is organization policy to treat a promotion from gs grades to p category as justifying a review of the place of residence. "there is ample evidence that this was the stated policy, though [...] there is no evidence in the dossier of the policy being put into practice. [...] the question is therefore whether it is within the competence of the tribunal to enforce a rule of policy or practice." a statement by the director-general explaining a practice which he intends to follow can under certain circumstances create a contractual obligation arising out of the relationship created by the appointment. the tribunal is competent to hear the complaint.

    Keywords:

    amendment; binding character; competence of tribunal; contract; general service category; practice; professional category; promotion;

    Consideration 4

    Extract:

    "it is to be noted that the change in the complainant's situation affected [statutory] entitlements [...] these are expatriate entitlements designed for recruits from abroad who will wish to maintain their contacts with the home country, the most important being grants for home leave and education. they are more freely available to officials in the p grades than to those in the gs."

    Keywords:

    allowance; consequence; education expenses; general service category; home leave; professional category; promotion; right;



  • Judgment 485


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1 (A)

    Extract:

    at the time of her appointment the complainant was living outside italy. she moved to that country to take up her duties in rome, which, in her view, established the international character of her appointment. the organization submits that the words "internationally recruited" apply to general service category staff with non-local status, as defined by the material provision. "if these words stood by themselves the complainant's argument might well be preferred [...] but they must be interpreted in their context in the staff rules." under the applicable rules, the position of the organization is warranted.

    Keywords:

    enforcement; local status; non-local status; provision; residence; staff regulations and rules;

    Consideration 1 (B)

    Extract:

    the complainant, who was living in london, sent in an application for employment to fao headquarters in rome, and went there at her own expense. "[thus] not only did the complainant offer her services, but she took the tests of her own accord [and did not] make repayment of any of her expenses a condition of her acceptance of appointment. thus it cannot be said that the payment she is now claiming was required in order to recruit her."

    Keywords:

    appointment; refund; terms of appointment; travel expenses;

    Considerations 2 (A), (B) and (C)

    Extract:

    staff members who enjoyed the benefits of non-local status included a) some who had special skills or were assigned specialised work; b) others who, unlike the complainant, were invited to join the organization and had not volunteered their services and c) persons resident abroad to whom the organization had sent employment offers. the refusal to reimburse the complainant is not a breach of the principle of equality.

    Keywords:

    appointment; equal treatment; non-local status; terms of appointment;

    Consideration 3

    Extract:

    "the director-general kept within the bounds of his authority in adopting the policy [...] embodied in staff rule 302.40631." that provision, which confers local status on all general service staff recruited from 1 february 1975, must be read in conjunction with other provisions providing for the grant of special benefits to such staff as required in order to recruit them. "thus the staff rules make a distinction between groups of general service category members. the desirability of the distinction may be open to question, but it is enough to defeat any allegation of inequality."

    Reference(s)

    Organization rules reference: ARTICLE 302.40631 FAO STAFF RULES AND REGULATIONS

    Keywords:

    appointment; equal treatment; general service category; local status; non-local status; terms of appointment;

    Consideration 1 (B)

    Extract:

    the rules provide for the reimbursement of travel expenses of officials when, in the view of the director of personnel, such payment is required to recruit them. the director of personnel cannot exercise this discretion as he pleases. he must "consider in each case whether or not payment was required in order to recruit, and the exercise of his discretion is subject to review by an administrative as well as by a judicial body."

    Keywords:

    appointment; discretion; limits; refund; travel expenses;

    Consideration 2

    Extract:

    "although the complainant was treated differently, the facts of her case were different, and there was therefore no breach of the principle of equality."

    Keywords:

    equal treatment; general principle; terms of appointment;

< previous | 1, 2, 3, 4, 5, 6 | next >


 
Last updated: 28.08.2015 ^ top