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Terms of appointment

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Keywords: Terms of appointment
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  • Judgment 319


    39th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "non-local or international status carries with it certain benefits appropriate to the fact that the member has left his own country to live, presumably temporarily, in another. such benefits are non-resident's allowance, education grants, home leave and travel allowances, etc."

    Keywords:

    allowance; non-local status;

    Consideration 4

    Extract:

    the rules exclude from the material benefits two categories of officials. the first consists of those who adopt the nationality of the duty station, who may be regarded as having broken their links with their country of origin. having changed their way of living, they are no longer in need of the special benefits. the other category is made up of local officials who give up the nationality of the duty station. they do not thereby change their way of living and so are not qualified for benefits framed for those who are moving from one country to another.

    Keywords:

    amendment; consequence; local status; nationality; non-local status; status of complainant;

    Consideration 3

    Extract:

    fao manual section 311.112 provides for the possibility of a staff member's status at the time of recruitment to be modified at a later stage. in context this "is an introductory provision or recital to be distinguished from an operative rule; it is informative and not normative. this is shown also by its language. it neither itself requires anything to be done nor confers a power of command on any person. it is merely pointing out ... that a change of status may be caused by a number of factors..."

    Reference(s)

    Organization rules reference: PARAGRAPH 311.112 FAO MANUAL

    Keywords:

    amendment; condition; criteria; local status; non-local status; provision; staff regulations and rules; status of complainant;

    Summary

    Extract:

    when she was recruited, the complainant had local status. she later married, acquired a new nationality by naturalisation and lost her original nationality. the tribunal holds that her status is dependent on her nationality at the time of appointment. according to the relevant provisions, a change of nationality does not in itself entail a change in status. the complainant is not entitled to the benefits provided for officials who leave their own country to live in another. the complaint is dismissed.

    Keywords:

    amendment; appointment; consequence; local status; marital status; nationality; non-local status;

    Consideration 3

    Extract:

    the text cited "is merely pointing out ... that a change of status may be caused by a number of factors which it specifies and of which a change of nationality is one. it does not mean that every rule dealing with a change of nationality has to be interpreted, even if contrary to its express words, to effect a change of status."

    Keywords:

    amendment; consequence; local status; nationality; non-local status; status of complainant;



  • Judgment 318


    39th Session, 1977
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    under the applicable provision "and the general principles of international public service, the provisional nature of his position denies a probationer the safeguards enjoyed by an established official or by the holder of a fixed-term appointment or of one without limit of time... the director-general may dismiss him if satisfied that he does not have the right qualifications."

    Keywords:

    discretion; international civil service principles; probation; safeguard; termination;

    Considerations

    Extract:

    "the main grounds for the impugned decision are that the complainant, who would brook no challenge to his views, proved unable to obey his supervisor's instructions and adapt to the methods of the organization. it is clear from the dossier that those grounds are factually correct and are not tainted with any of the flaws ... which would entitle the tribunal to interfere."

    Keywords:

    insubordination; judicial review; probation; termination; working relations;

    Considerations

    Extract:

    "...since the purpose of probation is to find out whether the probationer is suited for service and should have his appointment confirmed, the director-general may dismiss him if satisfied that he does not have the right qualifications."

    Keywords:

    probation; purpose; qualifications; termination; unsatisfactory service;

    Considerations

    Extract:

    "the tribunal is competent to review the lawfulness of any decision by the director-general... in particular it may determine whether that decision [is tainted by any of the flaws which entitle the tribunal to interfere. the tribunal may not ... replace with its own the executive head's opinion of a staff member's performance, conduct or fitness for international service."

    Keywords:

    conduct; discretion; fitness for international civil service; judicial review; qualifications; work appraisal;



  • Judgment 317


    39th Session, 1977
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    according to its regulations, the provident scheme is a fund within the meaning of the swiss civil code "and it is therefore an independent legal entity distinct from [the organisation] itself." had the complainant wished to impugn a decision of the secretary of the fund, "she ought to have brought her complaint against the scheme, not the [organisation]. but the complaint is brought against the [organisation], not the scheme, and so would be irreceivable."

    Keywords:

    competence of tribunal; decision; domestic law; insurance; receivability;

    Consideration 2

    Extract:

    the organisation and the provident scheme jointly concluded a contract with the complainant. "according to article vii of its statute the tribunal hears complaints which challenge decisions and decisions alone, and that excludes contracts, for example. unless the complainant is impugning a decision her complaint is irreceivable. if the complainant wished to avoid or vary the contract ... she ought first to have asked the other parties and called for decisions from them on the matter. those are the only kind of decisions she might have impugned before the tribunal."

    Reference(s)

    ILOAT reference: ARTICLE VII ILOAT STATUTE

    Keywords:

    application for quashing; cause of action; competence of tribunal; condition; contract; iloat statute; no cause of action; receivability;



  • Judgment 316


    39th Session, 1977
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "the decision to renew or not to renew a contract falls within the discretion of the director-general. his conclusion that the allegations are not well founded must be accepted by the tribunal unless he has misused his discretion."

    Keywords:

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



  • Judgment 315


    39th Session, 1977
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "the clauses [of the letter of appointment] are clearly worded and formally establish that the salary stated in the contract was exclusive of any allowance, indemnity or additional sum of any kind. hence the complainant may not claim a 'separation allowance' since none was provided for in his contract. in any case no such allowance existed at the time the contract was concluded."

    Keywords:

    allowance; complainant; contract; interpretation; right; salary;



  • Judgment 314


    39th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "according to a principle of international public service salary is generally payable only for services rendered, and so the [organisation] was right to refuse to pay a staff member who went on strike for the period in which he did not work."

    Keywords:

    deduction; entitlement for service rendered; international civil service principles; salary; strike;

    Considerations

    Extract:

    the interveners "have an interest in the quashing of the impugned decision [concerning the with holding of salary for strike action] and their applications are therefore receivable."

    Keywords:

    deduction; intervention; receivability; salary; strike;



  • Judgment 312


    38th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    the director "did not act unlawfully in abolishing the spanish-language post held by the complainant, ... creating a new english-language post and preserving a french-language post. he made an appraisal of fact which, on these points, must prevail."

    Keywords:

    abolition of post; appraisal of facts; discretion; organisation's interest; reorganisation;

    Considerations

    Extract:

    "...the allegedly misleading advice given to the director-general about the complainant's abilities and qualifications can have played no part in the impugned decision, which was taken for budgetary reasons cogently explained by the organisation in the course of the proceedings."

    Keywords:

    abolition of post; budgetary reasons; grounds;

    Considerations

    Extract:

    "in the circumstances, the appeals committee's finding that [the complainant] was ... wholly commendable and that her retention in employment would have served the [organization's] interests was no reason for the director-general, who bears sole responsibility for the smooth running of the organization, not to exercise his authority and, on the expiry of the complainant's appointment, either refuse her a new appointment ... or conclude a new contract with her or with [someone with different qualifications]."

    Keywords:

    abolition of post; contract; discretion; fixed-term; non-renewal; satisfactory service;



  • Judgment 311


    38th Session, 1977
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "the circumstances in which the complainant was transferred are such as to warrant payment of damages for the moral prejudice he suffered. damages will be fairly set at 10,000 swiss francs."

    Keywords:

    amount; damages; moral injury; transfer;

    Considerations

    Extract:

    the transfer decision was a preventive measure because a close dependence of one staff member on another was inadmissible between officials responsible for applying financial control "...the decision to transfer [the complainant] was made upon a hypothesis which never in fact matured ... all the complainant did was, quite correctly, to ask the opinion of his superiors" upon what was a proposal [to open a joint bank account with a colleague] and to drop the matter when they expressed disapproval. "hence it appears that that decision drew clearly mistaken conclusions from the facts and should therefore be quashed."

    Keywords:

    complaint allowed; decision quashed; flaw; grounds; mistaken conclusion; transfer;



  • Judgment 310


    38th Session, 1977
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "this was a decision which fell within the discretion of the director-general and therefore the tribunal's power of review is limited to certain grounds of which the only one here relevant would be an improper motivation. the main reason why the complainant's contract was not renewed was that his superiors considered that he was not the type of person who could work within a team. they may have been right or wrong about this, but a careful study of the dossier does not indicate the existence of any improper motive or of any other ground which could justify the intervention of the tribunal."

    Keywords:

    contract; discretion; fixed-term; grounds; judicial review; non-renewal; working relations;



  • Judgment 309


    38th Session, 1977
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    the complainant's resignation, "which he gave of his own free will and without duress, was fully valid in law. it may have been given somewhat lightly, but the complainant is alone responsible and that fact does not vitiate its legal validity."

    Keywords:

    complainant; lack of consent; offer; resignation;

    Considerations

    Extract:

    it appears that "because of her attitude [the secretary] ought long before to have been compulsorily transferred ... and the complainant [as her supervisor] behaved with great and unfailing propriety. but it cannot be said that the effect of [the secretary's] regrettable behaviour and of the ... director's equally regrettable inaction was either to put the complainant in a position which in practice precluded his continuing as chief of unit ... or to impair his free will."

    Keywords:

    complainant; consequence; lack of consent; resignation; supervisor; working relations;



  • Judgment 307


    38th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4 (D)

    Extract:

    "paragraph 5 [of article ii] in the english text refers to non-observance of 'the terms of appointment', but in this context the word 'appointment' is not in the opinion of the tribunal to be restricted to the narrow sense of a formal appointment. it must be treated as embracing a contract to make an appointment and in this sense it is consistent with the french text, 'contrat d'engagement'."

    Reference(s)

    ILOAT reference: ARTICLE II PARAGRAPH 5 ILOAT STATUTE

    Keywords:

    competence of tribunal; contract; iloat statute; interpretation; language of rule; terms of appointment;

    Consideration 5

    Extract:

    complainant relies on an interview with an official acting as the spokesman of the organisation "and upon the previous correspondence between himself and the organisation. it is quite often the case that, when a contract of this sort has been concluded, it will be followed by a formal document; in the case of a large organisation which is accustomed to use its own forms, there will almost certainly be a letter of appointment. this does not mean that there can be no binding contract until the letter of appointment..."

    Keywords:

    contract; evidence; formal requirements;

    Consideration 5

    Extract:

    there can be a binding contract before a letter of appointment has been issued. "there is a binding contract if there is manifest on both sides an intention to contract and if all the essential terms have been settled and if all that remains to be done is a formality which requires no further agreement."

    Keywords:

    condition; contract; definition; evidence; intention of parties;

    Consideration 16

    Extract:

    "...there is a clear distinction between a contract to appoint and the appointment itself, and it is normal to have an interval between the two so as to allow for the preparation of the formal documents. the payment of salary and the start of the official's duties, including the duty to travel to his place of work, would naturally be contemporaneous and begin on a date to be fixed by the letter of appointment."

    Keywords:

    appointment; contract; date; payment; salary; time limit;

    Consideration 8

    Extract:

    "it is well understood that the appointment of a representative to a country has to be cleared with the government of that country."

    Keywords:

    appointment; government approval;



  • Judgment 306


    38th Session, 1977
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "what makes it all the harder to account for such a difference in assessment within the space of ten months is that there is not a single document in the dossier which reveals the true reasons and no particular fact which explains why the assessment of the complainant was so utterly different." the director-general's representative provided an explanation for the tribunal. "... that explanation of the impugned decision is belated and amounts to mere allegations which are not borne out by any document in the dossier." the non-renewal is quashed.

    Keywords:

    appraisal of facts; different appraisals; flaw; grounds; mistaken conclusion; work appraisal;

    Considerations

    Extract:

    the complete turn around in assessments of the complainant's work within the space of ten months is unexplainable. the organisation's belated explanations are not borne out by the evidence. "hence, although the impugned decision cannot be said to have been taken for reasons contrary to the interests of the [service], it is clear at least that the decision drew clearly mistaken conclusions from the facts and should therefore be quashed."

    Keywords:

    amount; complaint allowed; contract; damages; decision quashed; different appraisals; fixed-term; mistaken conclusion; non-renewal; satisfactory service; unsatisfactory service; work appraisal;

    Considerations

    Extract:

    the ninety-day time limit expired on 9 may; but since this day was a sunday, the complaint registered by the registrar on 10 may was receivable.

    Keywords:

    complaint; exception; public holiday; receivability; time limit;



  • Judgment 304


    38th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "it is for the [competent] committees and for the director-general to adapt the conditions of promotion to the [organisation's] requirements. hence those conditions may change from year to year and, since they do so, different staff members are differently treated according to the dates on which they receive promotion. where there are administrative reasons for such difference in treatment, it is no breach of the principle of equality laid down in [the staff regulations]."

    Keywords:

    amendment; competence; criteria; equal treatment; executive head; organisation's interest; promotion; promotion board;

    Consideration 1

    Extract:

    "the decision not to promote ... falls within the director-general's discretionary authority. hence the tribunal will interfere with that decision only if..." [etc.]

    Keywords:

    discretion; executive head; judicial review; promotion; refusal;



  • Judgment 303


    38th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    the complainants contend that they were not informed of the criteria and recommendations for promotions drawn up by the careers committee. the requested documents have been circulated to the staff and this grievance therefore fails "the texts were notified after the original memoranda, but before the rejoinders had been lodged: ... the complainants were able to refer to those texts in the course of the proceedings and so their right to a hearing has not been infringed."

    Keywords:

    case pending; criteria; disclosure of evidence; no cause of action; promotion board; right to reply;

    Consideration 3

    Extract:

    one of the complainants contends that the careers committee for promotions included the chief of the personnel service, the official who had determined his performance mark, and that the committee's composition was therefore irregular. "but the fact that the chief of the personnel service should sit on such a committee is only normal. that official had a duty of impartiality both in marking the complainant's performance and in serving on the careers committee, and the two functions were therefore quite compatible."

    Keywords:

    bias; challenge of member; composition; promotion board; supervisor;

    Consideration 1

    Extract:

    vide judgment 304, consideration 1.

    Keywords:

    discretion; executive head; judicial review; promotion; refusal;



  • Judgment 301


    38th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "the function of [careers] committees is purely advisory, and the criteria they adopt have no binding force. hence, even though those criteria are not beyond reproach, the director-general's decisions are not tainted on that account."

    Keywords:

    advisory body; binding character; criteria; discretion; executive head; promotion; promotion board;

    Consideration 5

    Extract:

    it is for the competent committees and the director-general to adapt the conditions of promotion to the requirements of the organisation. "hence those conditions may change from year to year and, since they do so, different staff members are differently treated according to the dates on which they receive promotion. where there are administrative reasons for such difference in treatment, it is no breach of the principle of equality."

    Keywords:

    amendment; competence; criteria; date; effective date; equal treatment; executive head; organisation's interest; promotion; promotion board;

    Consideration 1

    Extract:

    vide judgment 304, consideration 1.

    Keywords:

    discretion; executive head; judicial review; promotion; refusal;

    Consideration 1

    Extract:

    vide judgment 303, consideration 2.

    Reference(s)

    ILOAT Judgment(s): 303

    Keywords:

    case pending; criteria; disclosure of evidence; no cause of action; promotion board; right to reply;



  • Judgment 300


    38th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "it is true that marking may partly depend on subjective factors which have little or nothing to do with actual performance, but the complainants have not shown that they suffered on that account."

    Keywords:

    bias; burden of proof; discretion; judicial review; lack of evidence; rating; work appraisal;

    Consideration 1

    Extract:

    vide judgment 304, consideration 1.

    Keywords:

    discretion; executive head; judicial review; promotion; refusal;

    Consideration 5

    Extract:

    vide judgment 301, consideration 5.

    Keywords:

    amendment; competence; criteria; date; effective date; equal treatment; executive head; organisation's interest; promotion; promotion board;



  • Judgment 299


    38th Session, 1977
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "...the director-general made an appraisal of facts which is not subject to review by the tribunal."

    Keywords:

    appraisal of facts; discretion; judicial review; post classification;

    Considerations

    Extract:

    "in view of the [applicable] provisions ... the tribunal holds that, although in this case the job description for a post is the sole basis which should be taken into account, it should cover not only purely descriptive material considerations but also subjective ones: account must be taken of, for example, staff members' actual responsibilities."

    Keywords:

    discretion; elements; post description;



  • Judgment 297


    38th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "two conclusions may be drawn from the dossier. first, the complainant has professional and other merits... secondly, according to his own correspondence his relationship with the chief of his division had deteriorated to the point of precluding co-operation between them. ... in refusing to renew the complainant's appointment, the director-general did not draw clearly mistaken conclusions from the dossier."

    Keywords:

    contract; fixed-term; mistaken conclusion; non-renewal; satisfactory service; supervisor; working relations;

    Consideration 3

    Extract:

    "in its report the appeals committee set out the parties' allegations and commented on them. the director-general knew of the committee's report since he expressed his views on it. he was therefore aware of the facts which the complainant alleges were essential, and there is nothing to suggest that he disregarded them."

    Keywords:

    contract; disregard of essential fact; fixed-term; internal appeals body; non-renewal; recommendation;

    Consideration 1

    Extract:

    "the impugned decision not to extend the complainant's appointment ... falls within the director-general's discretionary authority."

    Keywords:

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



  • Judgment 296


    38th Session, 1977
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 1 and 2

    Extract:

    the complainant, an official of the ilo, requests that the undp pay him compensation for the loss of and damage to his personal effects. "the complainant was an official of the defendant organisation and his effects were being moved because he was being transferred from one country to another. it is manifest that in a complaint against an organisation the tribunal cannot make an order requiring payment by some other body." although the complainant might allege that the undp were acting as agents of the organisation to make it responsible, the tribunal will not decide the question of receivability on this ground.

    Keywords:

    compensation; competence of tribunal; injury; organisation; other; personal effects; receivability;



  • Judgment 295


    38th Session, 1977
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "the [organisation] was willing to sign the contract with the complainant as early as 1 october... the postponement to 21 october was due entirely to the attitude of the complainant, who of his own accord and for personal reasons delayed coming to [headquarters]... the [organisation], which did its utmost to have the complainant's contract ready by 1 october, was not to blame for any delay and was not at fault. the complainant alone was responsible for postponement of the signing of his contract to 21 october and on no grounds whatever can he properly claim any compensation in respect of the period prior to his appointment."

    Keywords:

    complainant; contract; damages; date; delay; negligence; organisation;

    Considerations

    Extract:

    the complainant was seconded from a national ministry. "the fact that [he] was apparently promoted in the french civil service [on a particular date] has in any event no bearing on the terms of his contract with the organisation."

    Keywords:

    consequence; domestic law; promotion; secondment;

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Last updated: 17.04.2014 ^ top