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Terms of appointment

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  • Judgment 1073


    70th Session, 1991
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant was denied a dependency entitlement for 1989 because his wife's income did not meet the conditions laid down in provisional staff rule 5.03.2(d) as it read at the material time. loss of the entitlement brought the complainant's combined family income below the maximum limit. as from 1 january 1990 the agency's practice was amended so as to limit the loss of such entitlement to the same amount by which the spouse's income runs over the income limit. inasmuch as the new rule does not prescribe retroactive change, the complainant has no grounds on which to claim it.

    Reference(s)

    Organization rules reference: IAEA PROVISIONAL STAFF RULE 5.03.2(D)

    Keywords:

    allowance; amendment; condition; dependant; non-retroactivity; practice; salary; staff regulations and rules;



  • Judgment 1072


    70th Session, 1991
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    for an iaea staff member's spouse to qualify as a dependant, his or her gross salary must not exceed that of the lowest step in the general service grade applicable in the spouse's country of employment. that amount is converted into austrian schillings at the rate applicable in january of the year in question. under the prescribed method the complainant's wife failed to qualify as a dependant and the director refused to treat her as one. the director's decision was a discretionary one and the tribunal sees no grounds for setting it aside.

    Keywords:

    amount; condition; definition; dependant; discretion; judicial review; salary;



  • Judgment 1071


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

    Consideration 7

    Extract:

    paho staff regulation 4.4 gives preference when filling vacancies to existing staff members over outside candidates. the regulation "does not give existing staff members absolute priority in promotion and the tribunal does not make rulings on such matters as staff policy, which are within the prerogative of the director. yet, if there were a consistent practice of recruiting people under temporary appointments and later appointing them to permanent posts, in preference to inside applicants, on the strength of the experience they had thereby gained, it would offend against the purpose and spirit of regulation 4.4." (vide judgment 1077.)

    Reference(s)

    Organization rules reference: PAHO STAFF REGULATION 4.4
    ILOAT Judgment(s): 1077

    Keywords:

    candidate; competition; internal candidate; judicial review; priority; vacancy;

    Consideration 3

    Extract:

    both the complainant and one other candidate, mr. x, were short-listed after a post they applied for was put up for competition. the selection committee interviewed mr. x and he then got the appointment. referring to precedent as stated in judgment 107, the tribunal held that "the selection committee did not put the complainant on an equal footing with mr. [x]: it interviewed him but not her." the selection procedure was flawed and the complainant entitled to damages.

    Reference(s)

    ILOAT Judgment(s): 107

    Keywords:

    candidate; competition; complaint allowed; equal treatment; procedural flaw;



  • Judgment 1070


    70th Session, 1991
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    the complainant was dismissed under itu staff rule 10.1.1a) for having claimed and accepting reimbursement for treatment whose costs had already been met by other schemes. he alleges denial of his right to a hearing and his right to see the case records. "the tribunal is satisfied that he had ample opportunity to find out exactly what the serious charges against him were and to state his case at each point in the proceedings."

    Reference(s)

    Organization rules reference: ITU STAFF RULE 10.1.1A)

    Keywords:

    conduct; disclosure of evidence; right to reply; serious misconduct; termination;

    Consideration 7, Summary

    Extract:

    the complainant submitted a claim for medical expenses incurred by his former wife which another insurance scheme had already met. he submits that he bore no responsibility for the error and acted in good faith. the tribunal holds that as he knew that his former wife was covered under another health scheme he should have made sure that it had not previously refunded her expenses. the complainant's "conduct argues, to say the least, a degree of laxity quite inadmissible in an international civil servant in that he wilfully ran a substantial and unreasonable risk, the foreseeable outcome being the defrauding of the fund. he has only himself to blame for the consequences of his own oversight."

    Keywords:

    complainant; fitness for international civil service; good faith; insurance; insurance benefit; misrepresentation; negligence; request; serious misconduct; staff member's duties;

    Consideration 7, Summary

    Extract:

    under article 2.7(1) of the ilo/itu staff health insurance fund regulations claimants must supply a statement, together with supporting documents, listing any benefits received or to be received from another health scheme in respect of each claim made. the complainant submitted a claim for his ex-wife's medical bills, which had already been reimbursed by another health scheme. "in filing such a statement the complainant had a duty to make sure that the 'supporting documents' were genuine and he could not shirk it by shifting responsibility to his former wife and professing his own ignorance and good faith."

    Reference(s)

    Organization rules reference: ARTICLE 2.7(1) OF THE ILO/ITU STAFF HEALTH INSURANCE FUND REGULATIONS

    Keywords:

    accumulation; dependant; good faith; insurance; insurance benefit; liability; misrepresentation; request;

    Consideration 7

    Extract:

    the complainant was dismissed for having got the ilo/itu health fund to reimburse medical costs incurred by his former wife when another health scheme had already met them. "it is irrelevant to his plea of good faith that he has instigated criminal proceedings against her in the french courts on the grounds of fraud, though he might cite her conviction, if she were found guilty of the charges, as a new fact warranting review."

    Keywords:

    dependant; evidence; good faith; insurance benefit; judgment; misconduct; municipal court; new fact; request; termination;

    Consideration 9

    Extract:

    "a sanction out of proportion to the subjective and objective nature of the offence must be quashed because it is flawed with a mistake of law." as the complainant was guilty of defrauding the ilo/itu health fund, his dismissal was not a sanction out of proportion to the offence.

    Keywords:

    disciplinary measure; misconduct; proportionality; serious misconduct; termination;



  • Judgment 1068


    70th Session, 1991
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4, Summary

    Extract:

    the complainant received a termination indemnity under article 11.6 of the ilo staff regulations (indemnity upon reduction of staff). she claims a more generous one under article 11.16 (agreed termination). the indemnity under dispute was mentioned in an agreement signed in 1977, which the tribunal recognised as valid in judgment 404 of 24 april 1980. besides, her entitlements were paid in full on 24 january 1979. her claim of 20 december 1988 is therefore time- barred under article 14.8 and also irreceivable under the res judicata rule.

    Reference(s)

    Organization rules reference: ARTICLES 11.6 AND 11.16 OF THE ILO STAFF REGULATIONS
    ILOAT Judgment(s): 404

    Keywords:

    agreed termination; internal appeal; receivability; res judicata; terminal entitlements; time bar;



  • Judgment 1067


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

    Consideration 2

    Extract:

    "the grading of a post depends on evaluation of the work done and the degree of responsibility it involves. the evaluation must be done by those who by training and experience are able to apply the relevant technical criteria and the tribunal will interfere with a decision based thereon only where the organisation is shown to have applied wrong principles or drawn illogical conclusions."

    Keywords:

    criteria; discretion; judicial review; limits; post classification;

    Considerations 7 and 8, Summary

    Extract:

    the complainant, who holds grade p.3, challenges the organization's refusal to regrade his post to p.4. the fact that his chief failed to complete a questionnaire about changes in his duties does not, as he alleges, constitute a flaw such as to vitiate the reclassification procedure. nor does the administration's refusal to disclose the classification unit's findings amount to a denial of due process.

    Keywords:

    disclosure of evidence; due process; organisation's duties; post classification; procedural flaw; procedure; report;



  • Judgment 1064


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

    Consideration 4

    Extract:

    the organization took the word "rates" in point 2 of the tribunal's decision in judgment 972 to mean "rate of exchange". the only meaning the term can bear in the context is "rate of salary" and "rate of allowance" and "the clear intent is that the complainant should receive by way of damages for material injury a lump sum to be calculated by reference to the salary and allowances he was entitled to at the date of separation".

    Reference(s)

    ILOAT Judgment(s): 972

    Keywords:

    allowance; application for interpretation; complaint allowed; interpretation; rate; salary;



  • Judgment 1063


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

    Summary

    Extract:

    the complainant impugns his performance report. because he failed to follow the internal appeals procedure his complaint is irreceivable.

    Keywords:

    complaint; internal remedies exhausted; performance report; receivability;



  • 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;

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Last updated: 23.04.2015 ^ top