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Terms of appointment

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Keywords: Terms of appointment
Total judgments found: 1,788

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  • Judgment 3360


    118th Session, 2014
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal dismissed the complaints seeking a review of the decision to apply to the complainants’ salaries the post adjustment calculated on the basis of the ICSC 2010 cost-of-living survey for Vienna.

    Judgment's keywords

    Keywords:

    cost-of-living increase; noblemaire principle; post adjustment; salary;

    Consideration 7

    Extract:

    "While ideally, the ICSC would be able to use only precise numbers to reflect staff rents for each duty station, the reality is that it would be excessively cumbersome to adopt that methodology, particularly considering that the rates would not undergo drastic changes from the estimated numbers that are currently used. Considering the overall goal of establishing and maintaining purchasing parity among the various duty stations and the difficulty associated with calculating costs using every single staff member’s precise information, the Tribunal concludes that it is not unreasonable for the ICSC to adopt a system of estimation in the interest of efficiency and brevity. The Tribunal is satisfied that the methodology used was established pursuant to a prescribed, transparent process, without any vitiating errors of fact or law."

    Keywords:

    icsc decision; salary;



  • Judgment 3359


    118th Session, 2014
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants, former judges of the ICC, impugn the implied decision of the Assembly of States Parties not to determine to which Pension Scheme they were subjected.

    Consideration 19

    Extract:

    "It is settled that pension entitlement is a term of appointment and clearly within the Tribunal’s jurisdiction."

    Keywords:

    competence of tribunal; pension entitlements;

    Judgment's keywords

    Keywords:

    pension;



  • Judgment 3358


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who has dual nationality, impugns the cessation of the payment of an education allowance on the ground that he was a national of the country in which he served.

    Consideration 6

    Extract:

    "The decision to cease paying the education allowance would be open to criticism only if it had violated acquired rights or a legitimate expectation the complainant might have had that the previous situation would be maintained."

    Keywords:

    acquired right; legitimate expectation;

    Judgment's keywords

    Keywords:

    education expenses;



  • Judgment 3357


    118th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: After the transfer of his pension rights acquired under a national scheme to the Organisation’s pension scheme, the complainant successfully challenges the refusal to recalculate the number of pensionable years credited to him.

    Judgment's keywords

    Keywords:

    pension entitlements;



  • Judgment 3356


    118th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: After the transfer of his pension rights acquired under a national scheme to the Organisation’s pension scheme, the complainant successfully challenges the refusal to recalculate the number of pensionable years credited to him.

    Judgment's keywords

    Keywords:

    pension entitlements;



  • Judgment 3355


    118th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: After the transfer of his pension rights acquired under a national scheme to the Organisation’s pension scheme, the complainant successfully challenges the refusal to recalculate the number of pensionable years credited to him.

    Judgment's keywords

    Keywords:

    transfer of pension rights;



  • Judgment 3354


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal set aside the decision dismissing the complainant’s request for the reimbursement of pharmaceutical costs on the ground that the case should have been referred to the Medical Committee.

    Judgment's keywords

    Keywords:

    insurance benefit;

    Consideration 10

    Extract:

    "[T]he President should not have, as she did in the impugned decision, dismissed out of hand the complainant’s appeal against the rejection of his claim for reimbursement for the product and the treatment. The matter should have been considered by the Medical Committee before such action was taken, if it accorded with the opinion of the Medical Committee. Accordingly, the impugned decision is flawed and should be set aside."

    Keywords:

    medical opinion; refund;



  • Judgment 3353


    118th Session, 2014
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the non-renewal of their contracts following a restructuring process and obtain moral damages for the serious affront to their dignity and the failure to give reasonable notice.

    Consideration 30

    Extract:

    "The Tribunal has stated, in Judgment 2861, under 27, that it must be taken to be normal practice in any international organisation to involve the Chief of a Section or Department in plans for its reorganisation. This is because not to do so would ordinarily constitute a serious failure to respect the dignity of that person."

    Reference(s)

    ILOAT Judgment(s): 2861

    Keywords:

    reorganisation; respect for dignity;

    Judgment's keywords

    Keywords:

    fixed-term; non-renewal; staff reduction;

    Consideration 22

    Extract:

    "The evidence shows that the functions for which new staff members were recruited required qualifications, expertise and experience that the complainants did not have. Accordingly, the restructuring involving a decision to abolish the complainants’ posts, was within the discretion of the ITU."

    Keywords:

    reorganisation; staff reduction;

    Consideration 35

    Extract:

    "Reinstatement of a person on a fixed-term contract can be ordered but only in exceptional cases (see Judgment 1317, under 38). The circumstances in these cases are not of an exceptional character. In addition and more fundamentally, the issue of reinstatement does not arise because the decision not to renew the contracts remains a valid decision."

    Reference(s)

    ILOAT Judgment(s): 1317

    Keywords:

    fixed-term; reinstatement;

    Considerations 15 and 16

    Extract:

    "[T]he enquiry into the lawfulness of the non-renewal of the complainants’ employment extends further than these considerations. The Tribunal’s case law recognises other obligations on an international organisation where it does not renew a staff member’s fixed-term contract. According to the case law, substantively, a decision not to renew a fixed-term contract must be based on objective and valid grounds. There are also formal requirements. These, however, are to be assessed against the background of the consistent statements by the Tribunal that the decision not to renew a fixed-term contract is discretionary and can be reviewed only on limited grounds (see Judgments 2933, under 10, 2830, under 6, 1231, under 26, and 1154, under 4).
    Accordingly, the Tribunal will not substitute its own assessment for that of the organisation. The Tribunal will only impeach such a decision if it is ultra vires: that is, if the decision is tainted by a legal or procedural irregularity; is based on incorrect facts; if essential facts have not been considered or wrong conclusions have been drawn from the facts, or if the decision is based on an error of fact or law or amounts to an abuse of authority (see, for example, Judgments 2850, under 6, 2861, under 83, and 3299, under 6)."

    Reference(s)

    ILOAT Judgment(s): 1154, 1231, 2830, 2850, 2861, 2933, 3299

    Keywords:

    fixed-term; non-renewal;



  • Judgment 3352


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the result of the evaluation of their job grade.

    Judgment's keywords

    Keywords:

    post classification;

    Consideration 9

    Extract:

    "The classification of a post constitutes an act of technical evaluation and “[a]s the Tribunal has consistently held, the grading of posts is a matter within the discretion of the executive head of an international organisation. It depends on an evaluation of the nature of the work performed and the level of the responsibilities pertaining to the post which can be conducted only by persons with relevant training and experience. It follows that grading decisions are subject to only limited review and that the Tribunal cannot, in particular, substitute its own assessment of a post for that of the Organisation. A decision of this kind cannot be set aside unless it was taken without authority, shows some formal or procedural flaw or a mistake of fact or of
    law, overlooks some material fact, draws clearly mistaken conclusions from the facts or is an abuse of authority (see, for example, Judgments 1281, under 2, or 2514, under 13).” (See Judgment 2927, under 5.) In the present case, the Tribunal is not persuaded that the results of the post evaluation involve a manifestly mistaken conclusion, and the complainants have not established that the methodology adopted for all B/C category posts was technically flawed. In effect, the complainants are asking the Tribunal to go beyond its remit and to substitute its choice of methodology for the technical evaluation. This, the Tribunal will not do for the reasons detailed above."

    Reference(s)

    ILOAT Judgment(s): 1281, 2514, 2927

    Keywords:

    post classification;



  • Judgment 3351


    118th Session, 2014
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the internal appeal was time-barred, the Tribunal dismissed the complaint seeking the payment of an allowance.

    Judgment's keywords

    Keywords:

    duty station; terms of appointment;



  • Judgment 3350


    118th Session, 2014
    Intergovernmental Organisation for International Carriage by Rail
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision rejecting her request for readjustment of her annual basic salary and reclassification of her post.

    Consideration 3

    Extract:

    "[I]t should be noted that in the area of post classification the Tribunal leaves a considerable degree of discretion to organisations. It cannot simply substitute its own assessment for theirs. Decisions taken in this area are subject to only limited review, and can be set aside only if they were taken without authority, show some formal or procedural flaw or a mistake of fact or of law, overlook some material fact, draw clearly mistaken conclusions from the facts or involve an abuse of authority (see, for example, Judgment 3273, under 6, and Judgment 2581, under 2)."

    Reference(s)

    ILOAT Judgment(s): 2581, 3273

    Keywords:

    discretion; judicial review; post classification;

    Judgment's keywords

    Keywords:

    post classification;



  • Judgment 3348


    118th Session, 2014
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the decision to summarily dismiss him for misconduct (fraud).

    Consideration 7

    Extract:

    "In his rejoinder, the complainant addresses the question of what is meant by fraud. He contends that the standard definition of fraud is: wrongful or criminal deception intended to result in financial or personal gain; or a person or thing intended to deceive others, typically by unjustifiably claiming or being credited with accomplishments or qualities. WMO takes issue with this definition and refers to a definition of fraud from the Black’s Law Dictionary: “A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment. Fraud is usually a tort but in some cases (especially where the conduct is wilful) it may be a crime.” In Judgment 1828, considerations 10-12, which has been cited in Judgments 1925, consideration 6, and 2038, consideration 16, fraud is treated as deception intended to result in financial gain. What is important, for present purposes, is that the charges themselves link the complainant’s conduct of manipulating the records with him obtaining a financial benefit. This involves an allegation of fraud involving deception to secure financial gain and in the remainder of these reasons, the word fraud is used with this meaning."

    Reference(s)

    ILOAT Judgment(s): 1828, 1925, 2038

    Keywords:

    definition; fraud;

    Consideration 21

    Extract:

    "[The complainant] is [...] entitled to an order reinstating him to the position he held prior to his dismissal and compensation for loss of income, though adjusted by any income he may have received in the intervening period. Even though there was a breach of trust by the complainant, it has not been proved by WMO that the breach involved fraud [...]. The conduct which constituted that breach was in the complainant undertaking duties which were not a part of the duties for which he was initially employed and which, on the evidence before the Tribunal, are not duties it is essential that he continues to perform [...]. While the complainant engaged in conduct which was entirely unacceptable, his dismissal occurred in circumstances where the process by which dismissal was adjudged the appropriate remedy was flawed and the Secretary-General failed to give an adequate explanation for the ultimate decision to affirm the dismissal in the face of the reasons of the JAB. [...] By ordering the complainant’s reinstatement, the Tribunal is not intending to preclude the imposition of an appropriate disciplinary measure on the complainant, as proposed by the JAB."

    Keywords:

    fixed-term; reinstatement;

    Judgment's keywords

    Keywords:

    misconduct; termination;



  • Judgment 3343


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, acting as a staff representative, challenges the Organisation’s direct placement of a contract with an external consulting firm.

    Judgment's keywords

    Keywords:

    locus standi; outsourcing; staff representative;



  • Judgment 3340


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: After having been appointed to a post at a higher grade, the complainant challenges the calculation of his step-in-grade.

    Judgment's keywords

    Keywords:

    step;



  • Judgment 3339


    118th Session, 2014
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: Employed on a part-time basis, the complainant seeks the payment of the additional hours he had been exceptionally required to work.

    Consideration 5

    Extract:

    "As far as the label “regular duties” is concerned, the Tribunal considers that the term refers simply to duties which are assigned in line with the employee’s job description and which can be fulfilled within the regular working schedule. Any additional work requested and/or required outside that schedule is to be considered “exceptional”."

    Keywords:

    staff member's duties;

    Judgment's keywords

    Keywords:

    overtime; part-time employment;



  • Judgment 3338


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who is serving in the Netherlands and who no longer has Dutch nationality, impugns the decision not to help him to obtain the non-permanent resident status and tax-free car registration.

    Judgment's keywords

    Keywords:

    duty of care; residence;



  • Judgment 3336


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: Considering that his personal particulars form showing his total retirement pension should also show the amount of the internal tax levied on it, the complainant impugns the decision dismissing his request to modify this document.

    Judgment's keywords

    Keywords:

    tax;



  • Judgment 3335


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision dismissing his appeal against the alleged double taxation (both national and internal) of his retirement pension.

    Judgment's keywords

    Keywords:

    tax;



  • Judgment 3302


    116th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complaints were dismissed for non-exhaustion of internal remedies under Article 7 of the Tribunal’s Rules.

    Judgment's keywords

    Reference(s)

    ILOAT reference: Article VII, par. 1 and 3, of the Statute of the Tribunal
    ILOAT Judgment(s): 2780, 2811, 2939

    Keywords:

    decision; delay; duty of care; iloat statute; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; staff member's duties;



  • Judgment 3300


    116th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal dismissed the complaint filed against the decision not to consider the complainant's disability as resulting from an occupational disease.

    Judgment's keywords

    Reference(s)

    Organization rules reference: Articles 89(3), 89(4) and 90(1) of the Service Regulations

    Keywords:

    disability benefit; invalidity; medical board; medical opinion; order; pension; procedural flaw; service-incurred; staff regulations and rules;

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Last updated: 26.05.2015 ^ top