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Terms of appointment

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Keywords: Terms of appointment
Total judgments found: 1,709

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  • Judgment 844


    63rd Session, 1987
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 26

    Extract:

    "the failure of the complainant to find another position within the agency cannot form the basis of a claim since staff rule 3.03.2[d] provides that a fixed-term appointment does not carry any expectation of renewal or of conversion to any other type of appointment. there is nothing to substantiate his allegation that his attempts to find other employment within the agency were thwarted by the head of his section."

    Reference(s)

    Organization rules reference: ARTICLE 3.03.2 OF THE IAEA STAFF RULES

    Keywords:

    contract; fixed-term; non-renewal; organisation's duties; reassignment;

    Consideration 23

    Extract:

    "in recruiting an employee who would be expected to acquire skills which were not necessarily an extension of skills he already possessed but required a different discipline altogether, the agency should have made it quite clear to the applicant exactly what was involved so that he could judge whether or not he possessed the ability to acquire, retain and apply the new skills and knowledge."

    Keywords:

    assignment; difference; duty to inform; organisation's duties; post description;

    Consideration 27

    Extract:

    "in reaching his decision of 11 february 1987 the director-general failed to take an essential fact into consideration, namely the degree of the agency's own responsibility for the lack of information supplied initially to the complainant. while the paramount consideration in making or renewing appointments is to secure employees of the highest standard, it is not the only one. the principle of good faith requires that employees be treated with due regard for their rights. if the director-general had considered the application in the light of the organisation's own responsibility for the complainant's difficulties when his contract was not renewed, he might have reached a different decision."

    Keywords:

    complaint allowed; contract; disregard of essential fact; duty to inform; fixed-term; general principle; good faith; non-renewal; organisation's duties; post description;



  • Judgment 843


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

    Summary

    Extract:

    the tribunal holds that the transfer, later reversed, to a post three grades lower was unlawful. although the complainant's attitude may not have been beyond reproach, he suffered moral injury and loss of reputation. under the circumstances, the amount of compensation provided by the impugned decision is too small and the tribunal increases it from the equivalent of two to six months' take-home salary.

    Keywords:

    complaint allowed; conduct; damages; downgrading; moral injury; professional injury; suspension; transfer;



  • Judgment 842


    63rd Session, 1987
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    the organisation's "patent attorney may have made use of the papers but that is immaterial to the issue in dispute between it and the complainant. the fact remains that he retained the patent attorney on his own initiative and in his own interest, and without any authorisation from the eso. that being so, the eso is not under any legal obligation to reimburse to the complainant the amount of fees he contracted to pay the patent attorney."

    Reference(s)

    ILOAT Judgment(s): 780, 840, 841

    Keywords:

    complainant; counsel; organisation's duties; proprietary rights; refund; request;



  • Judgment 841


    63rd Session, 1987
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    the organisation "was willing, exceptionally, to issue a qualified performance assessment certificate in the form specified by the laws of the federal republic as part of an overall settlement in which the complainant would be reimbursed in respect of certain expenses incurred by him and he in turn would be required to give a written statement that all his claims arising from his employment with the eso had been settled and that he would refrain from making any further claims or take any further action against the organisation. the complainant being unwilling to give such a statement, no settlement was reached. in the absence of agreement by both parties to the terms to the proposed settlement, the eso is under no obligation to provide the complainant with the performance assessment he seeks."

    Reference(s)

    ILOAT Judgment(s): 780, 840, 842

    Keywords:

    certificate of service; complainant; offer; organisation; organisation's duties; refusal; request; waiver of right of appeal;

    Consideration 2

    Extract:

    "the rules do not require the eso to provide the complainant with a performance assessment on the termination of his employment either in the form he seeks or in any other. the eso is therefore not in breach of any term of the complainant's contract of employment in failing to provide him with a performance assessment. further, as an international organisation it is not bound by the requirements placed on employers by the laws and usage of the federal republic."

    Reference(s)

    ILOAT Judgment(s): 780, 840, 842

    Keywords:

    certificate of service; domestic law; formal requirements; no provision; organisation's duties; practice; work appraisal;



  • Judgment 838


    62nd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainants object to the fao's adoption of a new scale to determine pensionable remuneration whose effect was to lower their pension entitlements. they submit that the application of certain provisions in the staff regulations and staff rules is in breach of their acquired rights and the rule against retroactivity. "their complaints will ... be receivable only if the application of those regulations and rules [causes] them injury. the tribunal concludes from the material rules that it does not."

    Keywords:

    cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability; reduction; scale;



  • Judgment 837


    62nd Session, 1987
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    see judgment 838, summary.

    Reference(s)

    ILOAT Judgment(s): 838

    Keywords:

    cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability; reduction; scale;



  • Judgment 836


    62nd Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    see judgment 838, summary.

    Reference(s)

    ILOAT Judgment(s): 838

    Keywords:

    cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability; reduction; scale;



  • Judgment 835


    62nd Session, 1987
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    see judgment 838, summary.

    Reference(s)

    ILOAT Judgment(s): 838

    Keywords:

    cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability; reduction; scale;



  • Judgment 834


    62nd Session, 1987
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    see judgment 838, summary.

    Reference(s)

    ILOAT Judgment(s): 838

    Keywords:

    cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability; reduction; scale;



  • Judgment 832


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

    Consideration 7

    Extract:

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

    Reference(s)

    Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS

    Keywords:

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

    Consideration 15

    Extract:

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

    Keywords:

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

    Consideration 14

    Extract:

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

    Keywords:

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

    Consideration 16

    Extract:

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

    Keywords:

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

    Consideration 15

    Extract:

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

    Keywords:

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



  • Judgment 831


    62nd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    "another plea of the complainants' is that the [international civil service] commission misused its authority by availing itself of the post adjustment with the improper intent of checking an allegedly undue widening of the margin. one reason why the plea fails is that, as has been seen, the commission acted intra vires. in authorising the commission to suspend the increase in the post adjustment the assembly also authorised the purpose of doing so."

    Keywords:

    adjustment; complaint allowed in part; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;



  • Judgment 830


    62nd Session, 1987
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    see judgment 831, consideration 22.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;



  • Judgment 829


    62nd Session, 1987
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    vide judgment 831, consideration 22.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;



  • Judgment 828


    62nd Session, 1987
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    see judgment 831, consideration 22.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;



  • Judgment 827


    62nd Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    see judgment 831, consideration 22.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;



  • Judgment 826


    62nd Session, 1987
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    see judgment 831, consideration 22.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;



  • Judgment 825


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

    Consideration 22

    Extract:

    see judgment 831, consideration 22.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;



  • Judgment 824


    62nd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "the tribunal may not replace with its own the director-general's assessment of a staff member's conduct, work and qualifications. all it may do in the matter of an appointment, promotion or transfer is review the decision to see whether it was taken without authority, or whether there was a procedural or formal flaw, or a mistake of law or of fact, or abuse of authority, or a mistaken conclusion from the evidence, or whether some essential fact was overlooked."

    Keywords:

    appointment; conduct; discretion; judicial review; promotion; qualifications; transfer; work appraisal;



  • Judgment 822


    62nd Session, 1987
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "the grants [the complainant] is claiming under [his new] contract are those which were payable on the cancellation of an indefinite contract under the rules in force 'on this day'. the tribunal takes that expression to denote [...] the date on which the letter was signed, not [...] the date when the complainant left on the expiry of his contract.

    Keywords:

    amendment; case sent back to organisation; complaint allowed; date; decision quashed; enforcement; interpretation; provision; staff regulations and rules; terminal entitlements;



  • Judgment 820


    62nd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "only in exceptional circumstances - such as it found in judgment 182 - will the tribunal have comments struck out of a performance report, because the exercise of discretion demands broad freedom of speech."

    Reference(s)

    ILOAT Judgment(s): 182

    Keywords:

    application for quashing; competence of tribunal; discretion; judicial review; performance report; work appraisal;

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Last updated: 15.07.2014 ^ top