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Terms of appointment

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Keywords: Terms of appointment
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  • Judgment 1062


    70th Session, 1991
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    article 38(3) of the epo service regulations says that the general advisory committee, a joint body comprising staff and management representatives, shall be responsible for giving a "reasoned opinion" - except in cases of obvious urgency - on any proposal which concerns the whole or part of the staff. the aim of the provision is to encourage proper consultation between the two sides and that means giving the committee enough information. at issue is the decision to raise from 1 january 1988 the staff's contributions to the organisation's collective insurance against the risks of death and invalidity. but the committee did not have the information on which to base "a reasoned opinion" until its meeting of 24 and 25 november. the tribunal will therefore quash the epo's decision to increase his contributions for the period from 1 january to 25 november 1988.

    Reference(s)

    Organization rules reference: ARTICLE 38.3 OF THE EPO SERVICE REGULATIONS

    Keywords:

    advisory body; advisory opinion; complaint allowed; complaint allowed in part; consultation; contributions; decision quashed; increase; insurance; organisation's duties;



  • Judgment 1061


    70th Session, 1991
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5 and 7

    Extract:

    the complainant submits that being a town councillor did not amount to misconduct. fao staff regulation 301.017 provides: "any staff member who becomes a candidate for a public office of a political character shall resign from the organization." the reason for the rule is that an international civil servant, "though entitled to hold his own political views, must stand aloof from demonstrations of adherence to a political party. his holding of elective political office is misconduct as defined by the rules [...] and is sufficient reason for dismissal."

    Reference(s)

    Organization rules reference: FAO STAFF REGULATION 301.017

    Keywords:

    freedom of conscience; misconduct; political activity; serious misconduct; staff member's duties; termination;

    Consideration 3

    Extract:

    "freedom of speech must be protected particularly for officers of a staff association, so that they are not hampered in their task of representing the membership when in dispute with the administration. but there are limits on such freedom. a staff representative's public statements must not impair the dignity of the international civil service: indeed he is under a special obligation not to abuse his rights by using expressions or resorting to behaviour incompatible with the decorum appropriate to his status both as an international civil servant and as an elected staff representative." (vide judgments 87 and 911.)

    Reference(s)

    ILOAT Judgment(s): 87, 911

    Keywords:

    conduct; duty of discretion; fitness for international civil service; freedom of speech; staff member's duties; staff representative; staff union;

    Consideration 4

    Extract:

    "in taking part in the radio interview the complainant was in direct breach of rule 302.155. staff representatives are not exempted from observance of the rules by reason of holding office in the union. [...] such deliberate airing of staff grievances in public is conduct likely to jeopardize the reputation of the fao and its staff. the conclusion is that the charge [of misconduct] is proven and warranted dismissal."

    Reference(s)

    Organization rules reference: FAO STAFF RULE 302.155

    Keywords:

    duty of discretion; freedom of speech; misconduct; organisation's reputation; serious misconduct; staff representative; termination;



  • Judgment 1055


    70th Session, 1991
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    who staff rule 565.2 reads: "a staff member may be reassigned whenever it is in the interest of the organization to do so". the rule reflects a general principle stated in judgment 810. yet the director-general's authority in the matter is not absolute. the tribunal will determine whether there is a formal or procedural flaw, etc. it will also consider whether there has been breach of good faith.

    Reference(s)

    Organization rules reference: WHO STAFF RULE 565.2
    ILOAT Judgment(s): 810

    Keywords:

    discretion; good faith; judicial review; organisation's interest; transfer;

    Summary

    Extract:

    who staff rule 510.1 requires that "in determining the initial and any subsequent assignment, consideration shall be given, to the extent possible, to the staff member's particular abilities and interests". the complainant was transferred in accordance with a policy for rotating staff in the general service category which has the effect of upgrading their skills. the tribunal is satisfied that the transfer was not contrary to his own interests.

    Reference(s)

    Organization rules reference: WHO STAFF RULE 510.1

    Keywords:

    judicial review; staff member's interest; transfer;



  • Judgment 1054


    69th Session, 1990
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    "the staff member needs to know the grounds for the decision* so that he can defend his rights and interests [...] what is more, the reasons need to be known for the purposes of judicial review".
    *the decision in question is the rejection of the complainants' applications for "early departure".

    Keywords:

    duty to substantiate decision; early retirement; grounds; judicial review; purpose; refusal; retirement;

    Consideration 23

    Extract:

    "in these cases the burden of cern's obligation was at its lightest since the benefits [the complainants were denied] of early departure were conferred ex gratia and the purpose of the scheme was to meet a need for structural reform which the organization is the sole judge of. yet it did not discharge even that minimal obligation. and its omission is compounded by its failure to keep its explicit promise to give every unsuccessful applicant a written explanation".

    Keywords:

    complaint allowed; damages; duty to substantiate decision; early retirement; grounds; promise; refusal;



  • Judgment 1053


    69th Session, 1990
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7, Summary

    Extract:

    when the complainants retired in 1988 they chose to take partial lump-sum payment of their pensions in the belief that united states taxes levied on those amounts would be reimbursed in keeping with a practice that remained in force until 1989. but they were denied reimbursement. as the complainants all believed the practice to be applicable when they made their choice, both the principle of non-retroactivity and that of good faith apply.

    Keywords:

    amendment; complaint allowed; date; decision quashed; good faith; lump-sum; non-retroactivity; pension; pension entitlements; practice; refund; retirement; tax;

    Summary

    Extract:

    in respect of tax reimbursement the iaea took the reference in provisional staff regulation 5.02(a) to "salaries or allowances paid by the agency" to cover lump-sum payments from the united nations joint staff pension fund between 1980 and 1989. the tribunal holds that, "having been followed over several years,the interpretation became part of the agency's personnel policy and had to be applied to all departing staff members who found themselves in similar circumstances. if the agency chose to take a different view of the interpretation at a later stage, it could not in doing so break with the general principle of good faith which it is required to observe in dealings with its staff members."

    Reference(s)

    Organization rules reference: IAEA PROVISIONAL STAFF REGULATION 5.02(A)

    Keywords:

    amendment; good faith; interpretation; lump-sum; pension; practice; refund; staff regulations and rules; tax;



  • Judgment 1052


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

    Summary

    Extract:

    the complainant worked in the international labour office as a language teacher. though the complainant was not an ilo official, the tribunal is competent to hear the complaint under article ii(4) of its statute.

    Reference(s)

    ILOAT reference: ARTICLE II(4) OF THE ILOAT STATUTE

    Keywords:

    competence of tribunal; contract; iloat statute; locus standi; status of complainant;

    Consideration 4

    Extract:

    "where the reason given for the non-renewal is unsatisfactory performance the tribunal will not replace with its own the organisation's view of the complainant's fitness for his duties."

    Keywords:

    contract; discretion; fixed-term; judicial review; non-renewal; unsatisfactory service; work appraisal;

    Consideration 4

    Extract:

    "the case law is that a decision not to renew a fixed-term appointment, being discretionary, may be set aside only if it was taken without authority, or in breach of a rule of form or of procedure, [etc]. although such criteria hold good for the review of all discretionary decisions, the tribunal will exercise especial caution in reviewing a decision not to confirm the appointment of someone who is still on probation; else probation would fail to serve its purpose as a period of trial. in the case of a probationer the administration must indeed be allowed the widest measure of discretion, and its decision will stand unless the flaw was particularly serious or glaring."

    Keywords:

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

    Consideration 5

    Extract:

    the complainant objects to the non-renewal of his appointment after probation. he alleges breach of his right to a hearing. "the plea is unsound because there was no element of disciplinary sanction in the decision. what the administration did was to make an assessment of the complainant's performance and it was under no duty to enter into any dialogue with him on the subject."

    Keywords:

    contract; fixed-term; non-renewal; organisation's duties; probation; right to reply; termination;



  • Judgment 1051


    69th Session, 1990
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    itu staff regulation 3.11.ii.c provides for differential reimbursement of education expenses according to whether or not the educational institution provides the child with board. the complainant submits that such a provision is discriminatory; as his son attends a school which does not provide board, he gets a smaller amount than others. the tribunal holds that different contingencies call for different means of reimbursement.

    Reference(s)

    Organization rules reference: ITU STAFF REGULATION 3.11.II.C.1

    Keywords:

    difference; education expenses; equal treatment; refund;



  • Judgment 1050


    69th Session, 1990
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7, Summary

    Extract:

    the complainant objects to the decision to transfer him. he takes the organization to task for failing to provide him with a description of his new post. as his new duties were similar to ones he held earlier, he must already have known what they were in the main.

    Keywords:

    organisation's duties; post description; transfer;

    Consideration 4

    Extract:

    "the greater caution must be shown in interfering with a [transfer] decision which is founded solely on the organization's interests because the director-general must ordinarily be deemed to be the best judge of what they are."

    Keywords:

    discretion; judicial review; organisation's interest; transfer;

    Consideration 5

    Extract:

    "but regulation 4.2 provides that the purpose of transfer is to secure 'the highest standards of efficiency, competence and integrity'. in acting in pursuance of that purpose the director-general is not precluded from transferring a staff member provided that his intention is, as regulation 1.1 requires, to serve the organization's interests and that the staff member's own abilities and interests are not overlooked. where the director-general believes that the organization's interests must prevail he will act accordingly and the staff member will ordinarily have to fall in line unless he prefers resignation."

    Reference(s)

    Organization rules reference: UNESCO STAFF REGULATIONS 1.1 AND 4.2

    Keywords:

    discretion; organisation's duties; organisation's interest; purpose; staff member's duties; staff member's interest; transfer;



  • Judgment 1049


    69th Session, 1990
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainants, who applied for a vacant post put up for competition, wish to have the results set aside. the tribunal is satisfied on the evidence that the selection procedure shows several serious flaws, of which at least two are fatal: in breach of manual provision ii.3.340 no short-list had been drawn up and the director-general drew had drawn mistaken conclusions from the evidence before him in dismissing the appeals boards' findings of improprieties.

    Reference(s)

    Organization rules reference: WHO MANUAL PROVISION II.3.340

    Keywords:

    application for quashing; competition; complaint allowed; decision quashed; flaw; mistaken conclusion; procedural flaw; procedure; selection board;

    Summary

    Extract:

    the complainants object to the results of a competition concerning a post for which they were candidates. the tribunal invited the official who was appointed to the vacancy to submit a brief on the matter.

    Keywords:

    application for quashing; co-defendant; competition;



  • Judgment 1048


    69th Session, 1990
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant seeks the withdrawal of her performance report. the tribunal is satisfied that the appraisal of her work was based on true facts; besides, the complainant's reservations were appended to the report.

    Keywords:

    application for quashing; performance report; rebuttal;



  • Judgment 1047


    69th Session, 1990
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "a decision by the director-general not to renew an appointment is a discretionary one, but his discretion is not unfettered. since one of the reasons he gave for the decision impugned in this case is unfounded and the other reason is tied in with it, the decision must be set aside."

    Keywords:

    complaint allowed; contract; decision quashed; discretion; fixed-term; grounds; judicial review; non-renewal;



  • Judgment 1046


    69th Session, 1990
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the organization alleges that the reason it put an end to the complainant's appointment was the expiry of his contract. the tribunal is satisfied that it failed to extend his appointment because his performance was considered unsatisfactory. "the director-general's decision confirming the complainant's termination must be set aside because he was not separated for the reason it gave."

    Keywords:

    complaint allowed; contract; decision quashed; fixed-term; grounds; judicial review; non-renewal; unsatisfactory service;

    Summary

    Extract:

    the complainant was transferred on 1 february 1988. on 5 february he got notice that his contract would not be renewed because of an unsatisfactory report concerning his new assignment. the tribunal holds that "it was incumbent on the [organization] to give him a fair trial in the job, and [...] to ask after the lapse of only four days for an immediate replacement was to act with undue haste."

    Keywords:

    contract; fixed-term; non-renewal; organisation's duties; reasonable time; time limit; unsatisfactory service; work appraisal;



  • Judgment 1045


    69th Session, 1990
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "rule 1050.2 provides: 'when a post of indefinite duration, which is filled, is abolished, a reduction in force shall take place, in accordance with procedures established by the director' the procedures are set out in detail in the manual of the who, and it is clear that the rules preclude the termination of an appointment until the reduction-in-force procedure has been completed. the notice [given to her] was therefore invalid, and in keeping with the reasoning in judgment 469 the complainant's contract is renewed by implication and remains in force. she is entitled to payment of the salary and allowances due under her contract less any indemnity of earnings she may have received in the meantime."

    Reference(s)

    Organization rules reference: PAHO STAFF RULE 1050.2
    ILOAT Judgment(s): 469

    Keywords:

    abolition of post; amount; complaint allowed; consequence; contract; damages; decision quashed; enforcement; extension; fixed-term; permanent; post; procedure; staff reduction; termination;



  • Judgment 1044


    69th Session, 1990
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "whether to renew a fixed-term appointment is a discretionary decision, and the tribunal may not set it aside unless it was taken without authority, or in breach of a rule of form or of procedure, or unless it was based on a mistake of fact or of law, etc." the organization's financial difficulties constituted a proper basis on which to base the decision not to extend her appointment.

    Keywords:

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

    Summary

    Extract:

    the complainant objects to the non-renewal of her appointment. she alleges that upon recruitment she was given assurances that her fixed-term appointment would be converted into a continuing one on the date of expiry. but there is no evidence to suggest that she was given any such assurance.

    Keywords:

    contract; evidence; fixed-term; lack of evidence; non-renewal; permanent; promise;



  • Judgment 1042


    69th Session, 1990
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant objects to a reckoning giving effect to judgment 922, which set aside the decision to dismiss him and ordered payment of damages, insofar as the amount he got did not allow him the benefit of a further yearly salary increment. as the complainant's performance had not been declared satisfactory and therefore failed to meet the condition set out in the relevant rules, the tribunal dismisses the claim.

    Reference(s)

    ILOAT Judgment(s): 922

    Keywords:

    amount; application for interpretation; condition; damages; increment; satisfactory service;



  • Judgment 1041


    69th Session, 1990
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3 and 4, Summary

    Extract:

    the complainant, a member of the epo staff, challenges the lawfulness of deductions made from his allowances following strike action. relying on article 65(1)(b) of the service regulations he says that "remuneration" in that provision covers basic salary alone. but article 64(2) says that "remuneration shall comprise basic salary and, where appropriate, any allowances"; the plea fails.

    Reference(s)

    Organization rules reference: ARTICLES 64.2 AND 65.1(B) EPO SERVICE REGULATIONS

    Keywords:

    allowance; base salary; deduction; definition; salary; strike;

    Consideration 5

    Extract:

    the complainant submits that, in keeping with epo practice, the deduction for work stoppage should have been limited to basic salary. "in making deductions from pay in 1983 on account of a strike in 1982, [the epo did] leave untouched the dependants' expatriation and housing allowances. but the precedent does not hold good: in dealing with the matter again in october 1985 the organisation refrained from deciding on the deductions it would make from staff pay in the event of future strikes."

    Keywords:

    allowance; base salary; deduction; practice; salary; strike;



  • Judgment 1040


    69th Session, 1990
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "the complainant alleges that the organization made him a promise of training in [word-processing]." for the tribunal to "enforce a promise by an international organisation to one of its employees", the conditions that have to be met include "that the promise should be substantive and [...] that it should have come from someone competent or deemed competent to make it." in the instant case the making of a substantive promise is not proven.

    Keywords:

    competence; condition; evidence; promise; training;

    Consideration 3

    Extract:

    "precedent is clear: even when someone has just a temporary appointment a decision not to renew it must be taken when the contract period is expiring; the administration's decision not to renew must be notified to the employee within the prescribed time limit; and if due notice is not given there will be implied renewal for a further period." the complainant got notice four days too late and the tribunal held that the extension of his contract by five days to make up the required period of notice had no effect.

    Keywords:

    compensatory measure; complaint allowed; consequence; contract; decision quashed; effect; extension; non-renewal; notice; omission; organisation's duties; short-term;



  • Judgment 1038


    69th Session, 1990
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    the complainant, who is challenging the non-renewal of his contract, is concerned that the director-general's decision may have been prompted by unsubstantiated charges. he alleges breach of his right to a hearing. "the plea is unsound because there was no element of disciplinary sanction in that decision [...] the director-general made a value judgment which did not require entering into a dialogue with him. there is no reason to hold that the director-general was not genuine in his evaluation of the complainant's suitability for the post of administrator or that his decision was based on any mistake of fact."

    Keywords:

    contract; fixed-term; non-renewal; organisation's duties; right to reply;

    Consideration 4

    Extract:

    "the director-general took his decision [not to renew the complainant's contract] in the exercise of his discretionary authority. even though colleagues of the complainant's thought him suitable and recommended extending his appointment, the decision was not theirs to make."

    Keywords:

    competence; contract; discretion; executive head; fixed-term; non-renewal; qualifications; work appraisal;



  • Judgment 1037


    69th Session, 1990
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    after his appointment was extended several times and he received favourable staff reports, the complainant was denied the renewal of his appointment. that decision was based on a lack of leadership qualities, even though these were not mentioned in the requirements set out in his job description. as the decision mistakenly took account of facts unrelated to the duties assigned to him, it is tainted by a fatal flaw and the tribunal will set it aside.

    Keywords:

    complaint allowed; contract; decision quashed; fixed-term; mistaken conclusion; non-renewal; post description; qualifications; work appraisal;



  • Judgment 1035


    69th Session, 1990
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant's permanent post was abolished and he was appointed to a temporary one for a period of two years. any post, whatever its duration or source of funding, may be abolished because of a change of programme. besides, the organisation had assured him that his post description, status and conditions of service would be the same as before. under the circumstances the tribunal finds that the decision has neither infringed his contractual rights nor otherwise affected him adversely.

    Keywords:

    abolition of post; budgetary reasons; contract; fixed-term; lack of injury; permanent; post; terms of appointment; transfer;

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Last updated: 18.12.2014 ^ top