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Terms of appointment

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  • Judgment 949


    65th Session, 1988
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    the complainant retired in december 1985. he is seeking inter alia recognition of his actual duties from the date of appointment in august 1970, reinstatement at grade p.2 as from 31 august 1970, and revision of his retirement pension. "the complaint is clearly irreceivable both because the complainant is not impugning any decision and because any time limit for appealing against the injury he alleges expired many years ago."

    Keywords:

    cause of action; complaint; no cause of action; receivability; retirement; summary procedure; time bar; time limit;



  • Judgment 947


    65th Session, 1988
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2 and 3

    Extract:

    "the tribunal accepts the findings of the medical inquiry, which establish finally the medical aspects of the case. in view of the findings the tribunal, before delivering final judgment, requires from the complainant his replies to the following questions: (1) what invalidity pension is he claiming in compensation for total work disability caused as to 50 per cent by the accident ? (2) what is the total amount he is claiming in compensation for loss of function of the foot and of this amount what portion is attributable to loss of enjoyment of life ?"

    Keywords:

    disability benefit; expert inquiry; further submissions; incapacity; interlocutory order; invalidity; loss of enjoyment of life; medical examination;



  • Judgment 946


    65th Session, 1988
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "as a rule the reasons for any administrative decision must be stated. non-renewal is plainly a decision of great consequence to a staff member and, though the director-general is free to make his own assessment of the material facts, the staff member is entitled to know the reasons for the director-general's conclusion so that he may, if he chooses, lodge first an internal appeal and then, if need be, a complaint with the tribunal."

    Keywords:

    contract; decision; discretion; duty to substantiate decision; fixed-term; non-renewal;

    Consideration 11

    Extract:

    "there is no award of moral damages. since the organization was applying a policy of staff retrenchment required by financial constraints the non-renewal cannot be deemed to have harmed the complainant's professional reputation. nor indeed does he offer any evidence of moral injury."

    Keywords:

    abolition of post; contract; damages; evidence; fixed-term; lack of evidence; moral injury; non-renewal; professional injury;

    Consideration 7

    Extract:

    "the organization [is] in breach of the duty of consideration it owes its staff, of the principle of good faith and of the rule that the staff member has a right to be kept informed of any action that may affect his rights or legitimate interests."

    Keywords:

    contract; duty to inform; fixed-term; good faith; non-renewal; organisation's duties;

    Considerations 4,5 and 6

    Extract:

    "in this case the decision not to renew the complainant's appointment was tainted with several fatal flaws. first, the decision was not taken by the competent authority. [...] what was even more serious was the failure to inform the complainant of the reasons for the decision."

    Keywords:

    competence; contract; decision-maker; duty to substantiate decision; fixed-term; flaw; grounds; non-renewal; right to reply;

    Consideration 10

    Extract:

    "since the complainant had served unesco for only four years and the renewal he might have expected would not have been for more than two years, the tribunal sets the amount at the equivalent of six months' full pay at grade p.4 at the rate applicable at the date of his separation."

    Keywords:

    contract; damages; decision quashed; fixed-term; non-renewal;

    Consideration 9

    Extract:

    "the need for savings affords no proper excuse for breach of the principles that protect the staff against arbitrary decision-making."

    Keywords:

    abolition of post; budgetary reasons; complaint allowed; contract; decision quashed; discretion; fixed-term; limits; non-renewal;



  • Judgment 945


    65th Session, 1988
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    article r ii 4.35 of the eso staff regulations, which provides that "the first period of home leave shall be granted during the second year of service and the subsequent periods every alternate year thereafter", is deemed by the tribunal to mean that "the right to home leave is confined in every case to a single year, i.e. the second, fourth and each succeeding even-numbered year of service."

    Reference(s)

    Organization rules reference: ARTICLE R II 4.35 OF THE ESO STAFF REGULATIONS

    Keywords:

    home leave; interpretation; period; provision; staff regulations and rules;



  • Judgment 944


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    the complainant and her husband are both officials of the epo. there are no rules concerning the refund of medical expenses which cover such contingencies. the tribunal holds that "no other provision of the service regulations may be applied, even by analogy, if intended to fit an essentially different set of circumstances."

    Keywords:

    analogy; applicable law; enforcement; insurance benefit; marital status; no provision; other; provision; staff regulations and rules;

    Consideration 2

    Extract:

    the internal appeal was signed by mr. [e.] whereas the complaint is signed by mr. [e.]'s wife. "there being no need for a ruling of general purport on the issue, the tribunal holds that in the circumstances of the case the complaint may be deemed receivable. [...] the complainant's husband, [...] like her, is an official of the epo; they concur on the material issue and the purpose of the suit relates to a matter of social security for spouses".

    Keywords:

    complainant; complaint; difference; exception; family relationship; internal appeal; locus standi; marital status; receivability;

    Consideration 7

    Extract:

    the complainant and her husband are employees of the epo. in view of the fact that between them they pay a double premium, she is seeking the refund at 100 per cent of their medical expenses, and not 80 per cent as stipulated in the insurance policy. in keeping with the organisation's view, the tribunal holds that under the material rules of the organisation, "each staff member pays contributions that depend on the amount of salary, yet is entitled to the same benefits, whatever the degree of individual risk or family situation may be. status as an official will always prevail over status as the member of an official's family, and the right to refund derives solely from the former, not from any marital connection there may be with another official."

    Keywords:

    consequence; contributions; family relationship; insurance benefit; international civil servant; rate; right; same;



  • Judgment 943


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant was promoted from grade a.3, step 11, the highest step in that grade, where he had twelve months' seniority, to grade a.4, step 8 with no seniority. he claims the right to have the twelve months' seniority carried forward. the tribunal holds that the claim is groundless. in accordance with the service regulations the complainant was promoted to "the lowest step in a.4 which carried a higher basic salary than what he had received at his step in a.3 increased by one twelve-monthly incremental step in that grade."

    Keywords:

    consequence; promotion; reckoning; seniority; step; top step;



  • Judgment 942


    65th Session, 1988
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "it is plain from the evidence now before the tribunal that the transfer was flawed: first, no objective and impartial inquiry, such as the complainant had been asking for all along, had been carried out beforehand; and, secondly, there was breach of the duty any international organisation owes its staff to treat them with respect for their dignity and good name. the impugned decision must therefore be set aside."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE ILOAT STATUTE

    Keywords:

    complaint allowed; damages; decision quashed; flaw; inquiry; moral injury; organisation's duties; professional injury; respect for dignity; transfer; working relations;



  • Judgment 941


    65th Session, 1988
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "as the texts stand vaccinations are not ordinarily covered by the [sickness insurance] scheme [...] that the policy of other european organisations is more liberal is an example eurocontrol may wish but is not bound to follow."

    Keywords:

    applicable law; insurance; insurance benefit; law of european communities; rule of another organisation;



  • Judgment 940


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "though there are rules, promotion is in essence at the president's discretion."

    Keywords:

    discretion; executive head; promotion;



  • Judgment 939


    65th Session, 1988
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant was transferred without prior consultation of the selection board as required under article 4.2(f) of the staff regulations. the tribunal holds that the breach of procedure was minor, though it did cause the complainant injury. the tribunal will therefore refrain from quashing the impugned decision and will order the organisation to pay the complainant damages and a further sum towards costs.

    Reference(s)

    Organization rules reference: ARTICLE 4.2 OF THE ILO STAFF REGULATIONS

    Keywords:

    consultation; costs; damages; flaw; injury; organisation's duties; procedural flaw; selection board; transfer;

    Consideration 30

    Extract:

    "if the organisation's best interests so require, if the post suits the appointee's qualifications and if his contract so permits, the assignment may be ordered even against his wishes."

    Keywords:

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

    Consideration 25

    Extract:

    the complainant, who has not held a headquarters post for the past thirteen years, alleges breach of circular 180. the tribunal holds that "the circular does not [...] make an unqualified promise to bring back to headquarters an official who has spent a substantial period in the field: all it promises is intensive effort to do so".

    Reference(s)

    Organization rules reference: CIRCULAR 180 (SERIES 6) OF 22 MAY 1980

    Keywords:

    administrative instruction; assignment; field; headquarters; interpretation; request for transfer; right; transfer;



  • Judgment 938


    65th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "a staff member cannot be separated while on sick leave."

    Keywords:

    complaint allowed; complaint allowed in part; contract; decision quashed; extension; fixed-term; illness; non-renewal; organisation's duties; sick leave; unsatisfactory service;



  • Judgment 937


    65th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12, Summary

    Extract:

    the complainant was dismissed for misconduct. the organization submits that the complainant took home leave without going to his home country, the one which treats him as its citizen. the tribunal held that the complainant was in breach of the letter and spirit of the rules: "though the rules do allow rerouting, it must not be more than a minor change in travel arrangements."

    Keywords:

    direct route; enforcement; exception; home leave; misconduct; place of origin; serious misconduct; staff member's duties; staff regulations and rules; termination;

    Consideration 14

    Extract:

    "when disciplinary action is out of all proportion to the offence according to both objective and subjective criteria there is a mistake of law that warrants setting the impugned decision aside. there must be the closest scrutiny when the measure is dismissal."

    Keywords:

    disciplinary measure; mistake of law; proportionality; termination;

    Consideration 14

    Extract:

    the complainant submits that none of "the charges supporting his dismissal for misconduct [...] amounts in itself to misconduct. indeed some of them do not, but what is serious is that there are several."

    Keywords:

    conduct; disciplinary measure; misconduct; serious misconduct; termination;

    Considerations 17 and 18

    Extract:

    the complainant argues that the definition of misconduct in the fao manual does not fit the charges: the organization's reputation cannot suffer from inside squabbling. "the plea is mistaken. harm to the organization's good name does not require the knowledge of the public at large since reputation may be impaired even within a closed community."

    Keywords:

    conduct; definition; misconduct; organisation's reputation; serious misconduct; termination;

    Consideration 12

    Extract:

    "as the tribunal said in judgment 271, the primary purpose [of home leave] is not to make [...] a monetary concession: it is to an international organisation's advantage that staff should maintain their links with their home countries."

    Reference(s)

    ILOAT Judgment(s): 271

    Keywords:

    home leave; organisation's interest; purpose;

    Consideration 19

    Extract:

    "to prove abuse of authority the complainant must show that the reason for his dismissal had nothing whatever to do with serving the organization's interests."

    Keywords:

    disciplinary measure; evidence; lack of evidence; misconduct; misuse of authority; termination;



  • Judgment 936


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "the conclusion is that the council's approval of the new scales is null and void for two reasons: because no reasons for it are stated, and because it takes into account a factor, the dutch levy, that the rules in force in the organisation do not provide for."

    Keywords:

    amendment; breach; complaint allowed; decision; decision quashed; deduction; duty to substantiate decision; executive body; grounds; provision; reduction; salary; scale; staff regulations and rules; written rule;

    Consideration 9

    Extract:

    "article 64(6) of the service regulations reads: 'the remuneration of the permanent employees shall be subject to periodic review and shall be adjusted by the administrative council taking account of the recommendations of the co-ordinating committee of government budget experts of the co-ordinated organisations'. though the definition puts the epo under no specific obligation it does reflect an intention of not letting epo pay get out of line with the broad trend in national civil services, and that is the rule of thumb followed by the co-ordinating committee."

    Reference(s)

    Organization rules reference: ARTICLE 64(6) OF THE EPO SERVICE REGULATIONS

    Keywords:

    adjustment; coordinated organisations; interpretation; provision; salary; staff regulations and rules;



  • Judgment 934


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant is mistaken in alleging breach of the principle of double jeopardy, since the grounds for the two reprimands were different.

    Keywords:

    censure; difference; disciplinary measure; double jeopardy; grounds;

    Consideration 3

    Extract:

    the complainant invites the tribunal to declare the two reprimands imposed on him void ab initio. the claim to have the first declared void is res judicata, the tribunal having already dismissed it in its judgment no. 801 because the decision had been previously withdrawn. as the second reprimand has also been withdrawn, the tribunal dismisses the claim to have it declared void as well.

    Reference(s)

    ILOAT Judgment(s): 801

    Keywords:

    application for quashing; cause of action; censure; no cause of action; res judicata; settlement out of court;



  • Judgment 933


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant seeks to have papers concerning his removal expenses returned to him. the tribunal holds that the complainant's claim is trivial and he has failed to give evidence of injury suffered from not having the originals.

    Keywords:

    cause of action; complainant; disclosure of evidence; lack of injury; removal expenses; request;

    Summary

    Extract:

    no provisions in the statute or the rules of court make the tribunal competent to order the waiver of an official's immunity.

    Keywords:

    competence of tribunal; waiver of immunity;



  • Judgment 932


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10 (C)

    Extract:

    "if in the original medical examination by the committee the doctors and the complainant had failed to understand each other, that would afford grounds for impugning the opinion. [...] the burden of proof is on the complainant to satisfy the tribunal that the findings of the medical examination (which denied him sick-leave) [...] should be set aside because of language difficulties."

    Keywords:

    burden of proof; complainant; flaw; lack of evidence; medical board; medical opinion; refusal; sick leave;



  • Judgment 929


    65th Session, 1988
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    for several years the complainants have been trying to obtain review of the description and grading of their posts. their claims have all been rejected. the tribunal was satisfied that on the evidence the description of their duties was out of date. in the circumstances the organization committed a mistake of law by refusing to carry out the requested review.

    Keywords:

    amendment; complaint allowed; decision quashed; elements; flaw; judicial review; mistake of law; post classification; post description;

    Consideration 5

    Extract:

    "the grading of a post depends on evaluation of the work done and the degree of responsibility involved. such evaluation must be done by those who by training and experience are able to apply the relevant technical criteria, and the tribunal will interfere only if the organization is shown to have applied the wrong principles or drawn illogical conclusions."

    Keywords:

    discretion; judicial review; limits; post classification;



  • Judgment 927


    65th Session, 1988
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    before the complainant's divorce during a period of trial separation, the organization discontinued payment of her family allowance and lowered the rate of her non-resident allowance. the tribunal holds that "the temporary separation of the spouses prior to the decree of divorce, though authorised by a court order, was neither a 'legal' separation nor a 'similar legal situation' within the meaning of r iv 1.13 [of the staff rules and regulations]. the trial separation is a preliminary to divorce required by law. it is limited in time and revocable. it has no effect on the marital status of the spouses, who may use it as they will. it is not in the same category as legal separation, which is a permanent solution." since the organization made a mistake of law, the director-general's decision must be set aside.

    Reference(s)

    Organization rules reference: ARTICLE R IV 1.13 OF THE CERN STAFF RULES

    Keywords:

    allowance; complaint allowed; consequence; decision quashed; domestic law; family allowance; flaw; interpretation; marital status; mistake of law; non-resident allowance;



  • Judgment 926


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "the purpose of the [expatriation] allowance is [...] to meet the case where the employee has no affinity with the country of his duty station. although the employee who is a citizen will ordinarily have such affinity, 72[3] [of the service regulations] recognises that residence abroad for at least ten years before appointment will break it. but it is only reasonable to require that the residence abroad be continuous because any interruption of it will restore the affinity."

    Reference(s)

    Organization rules reference: ARTICLE 72 OF THE EPO SERVICE REGULATIONS

    Keywords:

    condition; duty station; enforcement; non-resident allowance; residence; staff regulations and rules;

    Consideration 6

    Extract:

    "it is plain from the text [of article 72 of the service regulations] that the allowance is to be refused to an employee who is a citizen of the country where he is stationed unless at the time of appointment he has been continuously resident in another country for at least ten years. that is indeed the purport of the english and french texts, which are clear: the terms 'resident' and 'residaient' do not necessarily connote permanent or established residence. the english and french versions being explicit, the german is to be interpreted in a way that reconciles all three; and in its english and french versions 72[3] requires that a citizen of the federal republic serving at munich shall be paid the allowance only if at the time of appointment he has been 'continuously resident for at least 10 years' outside the federal republic."

    Reference(s)

    Organization rules reference: ARTICLE 72 OF THE EPO SERVICE REGULATIONS

    Keywords:

    difference; duty station; interpretation; language of rule; nationality; non-resident allowance; residence;



  • Judgment 925


    65th Session, 1988
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "the scheme member has a duty to support a claim with documents that are clear enough for the administration to be able to tell what the treatment was and to apply the right rate of refund."

    Keywords:

    burden of proof; disclosure of evidence; evidence; illness; insurance; insurance benefit; rate; request;

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