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Terms of appointment

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Keywords: Terms of appointment
Total judgments found: 1,744

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  • Judgment 892


    64th Session, 1988
    International Office of Epizootics
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    the complainant challenges the non-renewal of her contract. she alleges breach of an oral promise of automatic renewal. but she offers no proof of the allegation. "even supposing she were right and the head of personnel had said that fixed-term appointments were automatically renewed, there would not necessarily be a binding rule but just a common practice which would neither require the director general to employ her nor confer on her any right to renewal."

    Keywords:

    contract; evidence; extension; fixed-term; lack of evidence; non-renewal; organisation's duties; practice; promise;

    Consideration 8

    Extract:

    "since the assessments of her varied the director general was free, in exercising his discretion in the office's interest, to take account only of the factors that he thought ruled out renewal."

    Keywords:

    contract; different appraisals; discretion; executive head; fixed-term; non-renewal; unsatisfactory service; work appraisal;



  • Judgment 891


    64th Session, 1988
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "in the absence of a definition in the rules the post, though it began as a post of limited duration, became one of indefinite duration when prolonged after the period for which it had been created."

    Reference(s)

    Organization rules reference: ARTICLE 1050.2 OF THE WHO STAFF RULES

    Keywords:

    consequence; contract; decision quashed; definition; duration of appointment; extension; fixed-term; no provision; permanent; post; presumption; successive contracts;

    Summary

    Extract:

    the complainant's post was abolished. the tribunal held that, though given a limited-duration contract, the complainant held a post of indefinite duration which entitled him, under the material rules, to application of the reduction-in-force procedure.

    Reference(s)

    Organization rules reference: ARTICLE 1050.2 OF THE WHO STAFF RULES

    Keywords:

    abolition of post; applicable law; complaint allowed; contract; fixed-term; permanent; post; procedure; right; staff reduction; termination;



  • Judgment 890


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

    Consideration 5

    Extract:

    "the tribunal may review the lawfulness of a decision by the appointing authority to extend probation. but because of the nature of the decision the tribunal will, short of finding a formal or procedural flaw - which it does not in this case - exercise only limited review. [in such matters] the competent authority [is] allowed wide discretion".

    Keywords:

    competence of tribunal; confirmation of appointment; discretion; extension; judicial review; probation;

    Consideration 3

    Extract:

    the complainant's appointment was confirmed only after an extension of his probation. because he was not notified in time of the decision to extend the probationary period, the complainant seeks to have it set aside. "where it finds a formal flaw, the tribunal will determine whether it taints the essence of the decision. [...] late communication therefore will not make the decision unlawful unless the probationer suffers injury. the complainant did not."

    Keywords:

    administrative delay; confirmation of appointment; date; extension; flaw; formal flaw; injury; lack of injury; probation; probation report; right to reply;

    Consideration 3

    Extract:

    "the probationer [is] plainly entitled to be given a full explanation of the assessment of his work in sufficient time to enable him to make comments of his own before the president takes a decision."

    Keywords:

    date; probation report; purpose; right to reply; time limit;



  • Judgment 889


    64th Session, 1988
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "the burden is on [the complainant] to prove service-incurred illness."

    Keywords:

    burden of proof; complainant; evidence; illness; service-incurred;

    Considerations 4 and 5

    Extract:

    "the new text of ii 4.01 [cern pension fund] reads: 'unsuitability is the reduction, presumed to be permanent or long-term, by at least 1/3 in earning capacity resulting from a deterioration in physical or mental health, which occurred while the person concerned held a contract with one of the participating organizations'. [...] the complainant did not satisfy the conditions in ii 4.01."

    Reference(s)

    Organization rules reference: ARTICLE II 4.01 OF THE CERN PENSION FUND

    Keywords:

    cern pension fund; definition; illness; incapacity; medical fitness; service-incurred;

    Consideration 3

    Extract:

    "although the disputes [between the complainant and his employer] may indeed have made his condition worse, it is not established that that condition was directly attributable to his employment."

    Keywords:

    cause; illness; service-incurred; working relations;



  • Judgment 888


    64th Session, 1988
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    the complainant was accused of submitting false certificates for sick leave and was dismissed for serious misconduct. he claims to have been unaware that the certificates were false at the time he presented them and that, while awaiting the outcome of the judicial inquiry underway, he should be presumed innocent. the complainant's dismissal was confirmed by the chief of personnel. that decision was "defective in that it did not reply to the complainant's letter inviting the organization to wait for the outcome of the trial and did not require him to furnish his full defence. it was made without the complainant's having fully exercised his right to be heard." because it is tainted with a procedural flaw, the decision is quashed and the tribunal orders the complainant to be reinstated and awarded an amount equivalent to the pay which he lost between the date of dismissal and that of reinstatement.

    Keywords:

    amount; complaint allowed; damages; decision quashed; flaw; medical certificate; misrepresentation; procedural flaw; reinstatement; right to reply; serious misconduct; summary dismissal; termination;



  • 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 885


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

    Considerations 3 and 4

    Extract:

    "the interests of both justice and sound administration demand that the organisation endure litigation: it is not for the organisation but for the tribunal itself to determine whether the complainant has abused his right of appeal and, if so, what ruling is fitting in the circumstances. [the organisation] may [...] submit that [the complainant] has abused the right of appeal and invite the tribunal not just to dismiss his complaint but to declare it vexatious and, where appropriate, take any further action it thinks fit. for the foregoing reasons the tribunal holds that it was wrong to impose the reprimand on the complainant and it must be quashed."

    Keywords:

    censure; competence; complaint allowed; decision quashed; disciplinary measure; judicial review; organisation; right of appeal; vexatious complaint;



  • Judgment 884


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

    Consideration 3

    Extract:

    the complainant seeks to have his professional experience reckoned anew. he contends that new guidelines supersede the rule precluding the reckoning of experience gained before the age of twenty-five. the tribunal holds that, although replacement of the rule has been proposed, "until a decision has been taken by the competent authority the 25-year rule remains in force."

    Keywords:

    administrative instruction; age limit; amendment; condition; professional experience; proposal; provision; reckoning; seniority;

    Consideration 4

    Extract:

    "an official has no right to promotion simply because he has the minimum seniority required for it. seniority is not the only criterion for promotion and the president has discretion in the matter."

    Keywords:

    condition; discretion; promotion; seniority;



  • Judgment 883


    64th Session, 1988
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "provided the correct procedure is followed, the director has wide discretion in determining transfers of professional category staff."

    Keywords:

    discretion; transfer;

    Consideration 3

    Extract:

    the director of an organisation has wide discretion in determining transfers. his discretionary powers are not however unlimited. he must take account of both the organisation's interests and the staff member's particular abilities and interests. but in cases where these differ, the organisation's interests shall carry greater weight.

    Keywords:

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



  • Judgment 882


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

    Consideration 10

    Extract:

    the complainant maintains that the time-limit for lodging an internal appeal should run from the date on which he received the first pay-slip showing his new grading. to support that view he cites judgment no. 753 of 12 june 1986. in the view of the tribunal, the complainant "misreads judgment 753: what the tribunal held was that payment of salary might be treated as a challengeable decision only when there was no other."

    Reference(s)

    ILOAT Judgment(s): 753

    Keywords:

    date of notification; decision; formal requirements; internal appeal; pay slip; start of time limit; time limit;



  • 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 880


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

    Consideration 6

    Extract:

    "the general rating is a synthesis of the marks in the staff member's report and of several imponderables that also count in giving a fair opinion of his services to the organisation."

    Keywords:

    discretion; elements; performance report; work appraisal;

    Consideration 7

    Extract:

    the complainant objected to being given a general rating couched in the form "3, albeit inclining to 2". the tribunal considers that: "reporting officers may not, to suit themselves, make up vague in-between ratings of their own but must put against each head of assessment one of the marks on the scale. if they do want to qualify it the proper way is to add comments."

    Keywords:

    complaint allowed; decision quashed; rating; work appraisal;

    Consideration 4

    Extract:

    "as the tribunal has often said, performance reports serve no purpose unless the supervisor has full freedom in commenting on performance. [...] the tribunal will review the decision only where there has been blatant abuse of authority or breach of a formal or procedural rule".

    Keywords:

    discretion; judicial review; performance report; work appraisal;



  • Judgment 876


    63rd Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3 and 4

    Extract:

    "a ruling on the lawfulness of the impugned decision requires disclosure of the papers the complainant cites and indeed the organization is not against disclosing them. the tribunal orders further submissions as follows: [...]".

    Keywords:

    further submissions; inquiry; interlocutory order; transfer; working relations;



  • Judgment 875


    63rd Session, 1987
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "the information available does not enable the tribunal to assess whether the accident of 3 april 1982 resulted in all the permanent injuries now suffered by the complainant or only in the permanent injury to his left foot. in these circumstances an examination should be carried out by a medical expert whose terms of reference are set out below."

    Keywords:

    accident; expert inquiry; further submissions; incapacity; interlocutory order; invalidity; medical examination; rate; service-incurred;



  • Judgment 873


    63rd Session, 1987
    Intergovernmental Council of Copper Exporting Countries
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "the staff regulations do not say what notice shall be given or how much shall be paid in compensation to the redundant staff member. [...] when his post is abolished someone with a fixed-term appointment is ordinarily entitled to notice and to fair and reasonable compensation. the amount and the manner of determining it will depend on the particular circumstances of the organisation and an assessment of the staff member's own situation and seniority and the terms of his appointment. the decision must not be discriminatory or tainted with any other flaw."

    Reference(s)

    ILOAT reference: ARTICLE VII PARAGRAPHS 1 AND 2 OF THE ILOAT STATUTE

    Keywords:

    abolition of post; amount; compensation; complaint allowed; damages; decision quashed; elements; no provision; notice; organisation's duties; terminal entitlements;

    Consideration 4

    Extract:

    "that an appointment still has time to run does not preclude abolition under [...] staff regulations."

    Keywords:

    abolition of post; contract; fixed-term; termination;



  • Judgment 870


    63rd Session, 1987
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "it would be in breach of an official's rights as such and a denial of his entitlements under the procedure for personal promotion to discount any of his service, including periods he may have spent on secondment to technical assistance projects. but the complainant is in a quite different case since he was not yet an official when employed on such projects."

    Keywords:

    equal treatment; field; general principle; headquarters official; international civil servant; personal promotion; professional experience; project personnel; promotion; status of complainant;

    Consideration 4

    Extract:

    "such service [technical assistance] may not count for the purpose of personal promotion unless there is an express rule to that effect. there is not. [...] periods of service [on technical co-operation projects] do not count, not even when, like the complainant, [experts] are later appointed to the staff at headquarters."

    Keywords:

    administrative instruction; difference; enforcement; field; headquarters official; interpretation; personal promotion; project personnel;



  • Judgment 869


    63rd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    paragraph 315.323 of the fao manual, under which the director of personnel of the fao is competent to take decisions to withhold within-grade salary increments, was not complied with, and there is no evidence that the person who took the decision - the director of external relations and general services for the world food programme - had been validly delegated to do so.

    Reference(s)

    Organization rules reference: PARAGRAPH 315.323 OF THE FAO MANUAL

    Keywords:

    competence; complaint allowed; decision quashed; decision-maker; delegated authority; evidence; increment withheld; lack of evidence;



  • Judgment 868


    63rd Session, 1987
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "the inconsistent evaluations of the complainant's work by the spokesman for the group cast doubt on the correctness of the decision to dismiss him on the grounds of unsatisfactory performance; the arrangements made for the later test were improper, and the importance of it was not clearly made known to him; and thirdly, the spokesman of the group disregarded his age and earlier career in the union."

    Keywords:

    case sent back to organisation; complaint allowed; contract; decision quashed; different appraisals; disregard of essential fact; permanent; termination; unsatisfactory service; work appraisal;



  • Judgment 866


    63rd Session, 1987
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "the tribunal [...] is not competent to construe the fund regulations: by article 48 the united nations administrative tribunal alone may hear complaints alleging breach of those regulations."

    Reference(s)

    Organization rules reference: ARTICLE 48 OF THE UNITED NATIONS JOINT STAFF PENSION FUND

    Keywords:

    competence; competence of tribunal; fund regulations; iloat statute; pension; remand; unat;



  • Judgment 865


    63rd Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    see judgment 866, consideration 5.

    Reference(s)

    Organization rules reference: ARTICLE 48 OF THE UNITED NATIONS JOINT STAFF PENSION FUND
    ILOAT Judgment(s): 866

    Keywords:

    competence; competence of tribunal; fund regulations; iloat statute; pension; remand; unat;

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Last updated: 18.12.2014 ^ top