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Professional experience

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Keywords: Professional experience
Total judgments found: 99

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  • Judgment 3281


    116th Session, 2014
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment's keywords

    Keywords:

    domestic law; member state; organisation's duties; payment; reckoning; refund; salary; staff regulations and rules; status of complainant; tax;



  • Judgment 3271


    116th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment's keywords

    Keywords:

    compassionate leave; compensatory allowance; reckoning; reinstatement;



  • Judgment 3052


    112th Session, 2012
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "It is consistent case law that the Tribunal will not substitute its opinion for that of the Organisation unless the decision was taken without authority, shows some procedural or formal flaw or a mistake of fact or of law, overlooks some material fact, is an abuse of authority, or draws a clearly mistaken conclusion from the facts. [...] [C]ourses of various levels for various subjects are a natural part of the work experience (continuous training), aimed at improving performance in a variety of areas. There is always room for growth and improvement, and enrolment in development classes does not automatically indicate a lack of basic knowledge."

    Keywords:

    knowledge of languages; professional experience; training;



  • Judgment 3020


    111th Session, 2011
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    WTO Staff Rule 106.11 provides that "[n]ational income tax on salaries, allowances, indemnities or grants paid by the WTO shall be refunded to the staff member by the WTO." The complainant considers that her salary is indirectly taxed, because it is included in the assessment of her husband's rate of income tax. The Organization rejected her claims for reimbursement of what she describes as "over-taxation by the Swiss tax authorities". The Tribunal holds that "[t]he refusal to provide compensation for the additional amount of tax unfairly levied on the couple's income solely because of the complainant's earned income, although it was exempt from taxation, would have a paradoxical effect. A rule designed to guarantee equal wages would lead to unjustifiable inequality between an official whose earned income was unduly taxed although it was by law exempt from taxation and an official whose tax-exempt salary was taken into account for assessment purposes, thus reducing his/her spouse's disposable income after tax and therefore his/her economic capacity from which the official living with him/her naturally benefits. The impugned decision is therefore unlawful."

    Reference(s)

    Organization rules reference: WTO Staff Rule 106.11

    Keywords:

    allowance; breach; compensatory allowance; complaint allowed; complaint allowed in part; decision quashed; deduction; domestic law; effect; equal treatment; grounds; international civil servant; marital status; organisation; payment; purpose; rate; reckoning; recovery of overpayment; reduction; refund; refusal; request; safeguard; salary; staff regulations and rules; status of complainant; tax; written rule;

    Consideration 8

    Extract:

    WTO Staff Rule 106.11 provides that "[n]ational income tax on salaries, allowances, indemnities or grants paid by the WTO shall be refunded to the staff member by the WTO." The complainant considers that her salary is indirectly taxed, because it is included in the assessment of her husband's rate of income tax.
    "[T]here is no need to entertain the claim that the WTO should be ordered to 'employ its authority and power' to persuade the competent Swiss authorities to abandon the practice giving rise to this dispute, since the Tribunal has no jurisdiction to issue such an order."

    Reference(s)

    Organization rules reference: WTO Staff Rule 106.11

    Keywords:

    allowance; claim; competence of tribunal; complaint allowed; complaint allowed in part; domestic law; international civil servant; limits; marital status; organisation; payment; practice; rate; receivability; reckoning; refund; salary; staff regulations and rules; status of complainant; tax;



  • Judgment 2847


    107th Session, 2009
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    The complainant received family allowances paid at the full rate by Eurocontrol in respect of his three children but did not declare to the Agency that his partner was drawing family allowances from the competent national social security authority. According to Article 67(2) of the Staff Regulations, the amount of family allowances that Eurocontrol was paying him should have been reduced by the amount of the family allowances received by his partner. The complainant had to reimburse the full amount overpaid.
    "The evidence on file shows that the complainant deliberately refrained from declaring to Eurocontrol the family allowances drawn by his partner, although he had been duly informed that, in the Agency's view, they should be deducted from those he was receiving. While it was open to the complainant to challenge - if necessary before the Tribunal - any deductions made by the Agency in calculating the payments, he could not choose of his own accord to evade his duty of disclosure. He must therefore be deemed to have been aware of the unlawfulness of the disputed payments, which was indeed sufficiently obvious for it to be concluded that he could not have been unaware of it."

    Reference(s)

    Organization rules reference: Article 67(2) of the Staff Regulations governing officials of the Eurocontrol Agency

    Keywords:

    accumulation; amount; breach; dependent child; domestic law; family allowance; flaw; misrepresentation; payment; rate; reckoning; recovery of overpayment; staff member's duties; staff regulations and rules;



  • Judgment 2832


    107th Session, 2009
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The complainant seeks to have his retirement pension recalculated on a different basis.
    "[T]he Tribunal finds that it has no jurisdiction in any event to award him such redress."

    Keywords:

    claim; competence of tribunal; pension; reckoning; refusal;



  • Judgment 2831


    107th Session, 2009
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3 and 4

    Extract:

    The internal appeal, which the complainant lodged on 27 August 2007 against a decision dated 23 May 2007, was rejected on 18 October 2007 on the grounds that it was time barred. The complainant asks the Tribunal to set aside the decision of 18 October 2007.
    "In reality the internal appeal was filed within the three-month period laid down by the Staff Regulations. The complainant received the decision of 23 May 2007 on 24 May 2007. The period for lodging an appeal began to run on the next day, i.e. 25 May 2007. It expired on 25 August 2007 which, being a Saturday, was not a working day at WIPO. The time limit for submitting an appeal was therefore extended until the next working day, in other words Monday, 27 August 2007, the date on which the internal appeal was filed.
    It follows that the decision of 18 October 2007 that the internal appeal lodged by the complainant was irreceivable must be set aside.
    Since the complainant succeeds, he shall be awarded 5,000 Swiss francs in compensation for the injury which he has suffered [...]."

    Keywords:

    allowance; application for quashing; claim; compensation; complaint allowed; complaint allowed in part; date; date of notification; decision quashed; grounds; injury; internal appeal; new time limit; receivability; reckoning; refusal; staff regulations and rules; start of time limit; time bar; time limit;



  • Judgment 2712


    104th Session, 2008
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The Organization appointed a candidate who did not meet one of the conditions stipulated in the vacancy announcement. "[I]t must be observed that the other applicants [...] were [...] eliminated improperly and that other potential candidates might have been dissuaded from applying because they did not meet the condition of having 15 years of experience as stipulated in the vacancy notice, though this was ultimately not applied to the successful candidate. Thus, the whole competition became a sham." The appointment of the successful candidate must therefore be set aside.

    Keywords:

    appointment; candidate; competition; competition cancelled; complaint allowed; complaint allowed in part; criteria; decision quashed; flaw; post; professional experience; refusal; vacancy notice;

    Consideration 6

    Extract:

    The Organization appointed a candidate who did not meet one of the conditions stipulated in the vacancy announcement. "[T]he fact that the appointment of the successful candidate, who happens to be Lebanese, conveniently enabled WIPO to achieve some of its management goals, such as that of increasing the proportion of women in senior management positions or that of the geographical distribution of its officials [...] is [...] irrelevant in this case. However legitimate these goals may be, they could not override the Organization's obligation to appoint to the post in question a candidate who possessed the required qualifications and experience initially stipulated. Geographical origin could be taken into consideration only if the opposing candidates were of equal merit."

    Keywords:

    appointment; candidate; competition; complaint allowed; complaint allowed in part; criteria; geographical distribution; increase; nationality; organisation; organisation's duties; place of origin; post; professional experience; purpose; qualifications; same; vacancy notice;



  • Judgment 2647


    103rd Session, 2007
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    An external candidate was appointed to the post the complainant had applied for. The complainant contends that, contrary to the Staff Regulations, the applications of candidates already in the Organization's service were not given priority of consideration over those of external candidates. "It is convenient to recall that the Tribunal held in Judgment 107, under 1, that:
    'although the Organization is bound to have full regard to the qualifications and experience of persons already in its service, this does not mean that it must necessarily always appoint them in preference to outside applicants. If this privilege were automatically to be granted to the serving staff, the Organization might be led to take decisions contrary to its own interests, a situation which was certainly not intended by those who drafted the Staff Regulations. The position is that persons already in the service of the Organization have priority only if their qualifications appear to be at least equal to those of other candidates.'
    Those principles were duly taken into account in the selection process, which was carefully and correctly conducted by the Organization, and while the qualifications and experience of the complainant are to be noted, they do not automatically give her a right of precedence over other candidates for the advertised post."

    Reference(s)

    ILOAT Judgment(s): 107

    Keywords:

    appointment; candidate; competition; condition; decision; general principle; internal candidate; organisation's duties; organisation's interest; post; priority; procedure; professional experience; provision; purpose; qualifications; same; staff regulations and rules;



  • Judgment 2556


    101st Session, 2006
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The Organisation adopted a new method of calculating replacement days granted to inspectors returning from a Chemical Weapons Destruction Facilities inspection because of the inconsistency between the practice with regard to replacement days and the terms of Administrative Directive AD/PER/12. The complainant contested that new method. Because the earlier practice had become in its view "well established", the Appeals Council recommended that the appeal be upheld, the previous practice reinstated and the replacement days that should have been granted in accordance with that practice reimbursed. The Tribunal considers that "[a]s the practice of granting a replacement day for each Saturday, Sunday or official OPCW holiday falling during an inspection period is inconsistent with the terms of AD/PER/12, that practice cannot be elevated to the status of law so as to entitle the complainant to additional replacement days, as was seemingly thought by the Appeals Council."

    Reference(s)

    Organization rules reference: OPCW Administrative Directive AD/PER/12

    Keywords:

    administrative instruction; advisory opinion; compensatory measure; difference; internal appeal; internal appeals body; organisation's duties; practice; precedence of rules; provision; public holiday; reckoning; recommendation; refund; right; written rule;



  • Judgment 2533


    101st Session, 2006
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.

    "The absence of an indexation clause [of the "disability pension"], however, does not remove the defendant's obligation to provide the complainant with adequate compensation. The concern that the utility of the award may be reduced through spoliation is very real and could, in times of high inflation, conceivably, have the effect of negating the very purpose of the disability pension which is to make the complainant whole despite his service-related injury. That is only a possibility, however, and the Tribunal is reluctant to order indexation as a matter of routine when the feared spoliation may never occur to an extent significant enough to seriously affect the complainant's position. Exceptionally, the Tribunal will frame its order in such a way that the complainant may apply at a future date for an adjustment to any ongoing pension payments when and if the purchasing power of such payments has been reduced by at least 10 per cent. Such applications should be by way of request for the execution of the present judgment."

    Keywords:

    accident; adjustment; application for execution; complaint allowed; complaint allowed in part; cost-of-living increase; disability benefit; handicapped person; invalidity; organisation's duties; reckoning; service-incurred;



  • Judgment 2456


    99th Session, 2005
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9 and 11

    Extract:

    The complainant joined the Organisation in January 1998 under a fixed-term appointment. His contract, which was extended in 2003, was due to expire on 14 June 2004; it was not renewed due to the implementation of the seven-year tenure rule. He has produced before the Tribunal a document signed by the Director-General containing data about his performance, in which his date of entry on duty was incorrectly shown as 24 May 1997. He contends that the Director-General relied on that data in deciding not to renew his contract. "Since in the implementation of its policy the Organisation was said to be applying a 'first in, first out' rule, an error of over seven months in the calculation of any employee's length of service may be of critical importance. That is especially the case where such apparent error has the effect of indicating wrongly that the employee would at the time of his separation from the Organisation have served more than seven years. The Tribunal considers the alleged errors of fact to be material. [...] The non-renewal decision must be set aside and the Organisation shall be ordered to pay to the complainant the full balance of salary and benefits to which he would have been entitled if he had received a one-year extension of his contract to 14 June 2005. The complainant must account for any earnings from other employment during that period."

    Keywords:

    allowance; appointment; complaint allowed; consequence; contract; date; decision; decision quashed; duration of appointment; enforcement; extension; fixed-term; general principle; international civil servant; material error; mistake of fact; non-renewal; organisation's duties; period; reckoning; right; salary; staff member's duties; written rule;



  • Judgment 2315


    96th Session, 2004
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 25

    Extract:

    The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. "A change in the nature of the discretion to be exercised in determining whether to grant future rights by the extension or renewal of a contract cannot be said to effect a change in an existing legal interest, much less in an existing legal right or existing legal status. Accordingly, the seven year policy embodied in [the] directive [...] is not retroactive even if the seven year period is computed from a time prior to the proclamation of that policy."

    Keywords:

    amendment; appointment; career; complaint allowed; complaint allowed in part; consequence; contract; date; decision; discretion; exception; extension; general principle; international civil servant; limits; non-local status; organisation; period; professional category; publication; reckoning; right; staff member's interest; status of complainant; terms of appointment; written rule;



  • Judgment 2263


    95th Session, 2003
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The question to be resolved is that of whether, for the purposes of service order No. 99 [which defines the conditions and formalities governing the granting of a personal promotion], the period in excess of the 12-month maximum duration stipulated for short-term contracts should be taken into account in calculating the 18 years of continuous service. The answer is necessarily affirmative. [...] Once [the first 12-month period] had elapsed, the complainant must be considered to have been in service [...], even in the absence of a provision to that effect and taking into account the contracts he was granted thereafter. Regarding the [one month] break in service which occurred [subsequently], it is necessary to establish whether this prevented the complainant from completing the 18 years of continuous service [...] The Tribunal considers that it did not. The evidence on file, and particularly an affidavit produced by the complainant as an annex to his written submissions, shows that the break imposed on the complainant was justified only by the fact that he was employed under short-term contracts. since the Tribunal has determined that the complainant must be deemed to have been in service from 17 November 1982 onwards, the break in question must be viewed as a period of leave."

    Reference(s)

    Organization rules reference: SERVICE ORDER No. 99

    Keywords:

    complaint allowed; complaint allowed in part; continuance of operations; contract; duration of appointment; fixed-term; interpretation; leave; no provision; personal promotion; promotion; reckoning; seniority; short-term; successive contracts; unpaid leave; validation of service;



  • Judgment 2089


    92nd Session, 2002
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    from 1986 to 2000 the organisation followed the practice followed by the coordinated organizations in adjusting both salaries and pensions in accordance with both cost-of-living and standard-of-living adjustments. in july 2000 it made a cost-of-living adjustment mandatory for pensions even if no such adjustment is made to salaries, but no provision is made for standard-of-living adjustment to pensions. "it is to no avail that the complainants criticise the effectiveness of the change or the accuracy of the calculations on which it was based, for those are not matters within the tribunal's competence."

    Keywords:

    adjustment; amendment; competence of tribunal; coordinated organisations; cost-of-living increase; iloat; no provision; pension; pension adjustment system; period; practice; reckoning; salary;



  • Judgment 2086


    92nd Session, 2002
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    in order to be awarded a personal promotion the complainant must have completed 18 years of continuous service under a fixed-term or permanent contract. "the [organisation] is arguing that ... in determining whether the complainant fulfilled [such a] requirement [...] reference must be made to clauses of the contracts which came into force unopposed, [including] short-term contracts... the approach is too rigid... the issue was [not] one of applying or interpreting the complainant's early appointments [...] it is a matter of applying a rule which is currently in force and which concerns the legal nature of former contractual relationships between the parties. in other words, in the light of the current rule, what type of appointment did the early contracts establish? it should be noted that the name they were given will not necessarily express the actual relationship".

    Keywords:

    applicable law; condition; contract; criteria; definition; effective date; enforcement; fixed-term; interpretation; permanent; personal promotion; provision; reckoning; short-term; working hours;



  • Judgment 2053


    91st Session, 2001
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    the complainant was on leave without pay for a period of 2 years and 8 months. there being no suitable post at the end of this period, this leave was extended for another 2 years. "what the complainant asked for [at the date of her reintegration] was the recalculation of her reckonable experience and her grade; in other words she was seeking promotion as a result of experience gained while on unpaid leave. promotion is carefully regulated under article 49 [of the service regulations]. this article provides for six different types of promotion, but there is no provision for promotion for having gained additional experience while on leave. nor is there provision for any recalculation of the calculation made on recruitment. this claim fails."

    Reference(s)

    ILOAT reference: ARTICLE 49 OF THE SERVICE REGULATIONS

    Keywords:

    grade; professional experience; promotion; reckoning; reinstatement; special leave; staff regulations and rules;



  • Judgment 2032


    90th Session, 2001
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "where a state imposes tax upon its nationals who are international civil servants in receipt of income some of which is tax exempt and some of which is not the only proper method of determining how much tax should actually be paid is to calculate the hypothetical amount which would be due if the exempt income had not been received."

    Keywords:

    complaint allowed; international civil servant; member state; privileges and immunities; reckoning; salary; tax;



  • Judgment 1800


    86th Session, 1999
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "the complainants' [...] plea is that the sole purpose of the change in the rules on the [post adjustment] index [decided by the icsc] was to save money. the tribunal need only quote the reply it gave to that argument in judgment 1776: 'if the new method is lawful the fact that applying it saves member states money cannot in itself be a flaw.' and the evidence suggests no misuse of authority by the [icsc], which, against the odds, tries to find from time to time objective criteria for reckoning post adjustment throughout the common system."

    Reference(s)

    ILOAT Judgment(s): 1776

    Keywords:

    amendment; budgetary reasons; case law; icsc decision; international civil servant; member state; misuse of authority; post adjustment; reckoning; right; salary; same;



  • Judgment 1787


    86th Session, 1999
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10 and 11

    Extract:

    "the qualifications expected may be just 'desirable', not requirements binding in law. but the appointing authority is not free on that account [...] to disregard the fact that some do qualify and to plump for the very one who does not, even one who in other respects has the right experience and skills. [...] here the organization picked someone wanting in listed qualifications which, though said to be only 'desirable', were in fact essential. it thereby fell short of the standards of objectiveness and openness that must govern appointment to a senior post in an international organisation. the process of selection cannot stand [...]" (see judgment 1595, consid. 10).

    Reference(s)

    ILOAT Judgment(s): 1595

    Keywords:

    appointment; candidate; competition; competition cancelled; complaint allowed; condition; criteria; discretion; flaw; post; post description; procedure; professional experience; qualifications; vacancy notice;

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Last updated: 15.07.2014 ^ top