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Professional experience

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Keywords: Professional experience
Total judgments found: 41

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  • 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 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 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 1854


    87th Session, 1999
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 15, 17 and 18

    Extract:

    The post of the complainant (employed on a permanent contract) was abolished and replaced by a new one of higher level, the functions of which however remained substantially similar to those of the previous post. "By changing the requirements [the organisation] manifested its desire to have those functions performed by a person with higher academic or professional qualifications, but it does not prove that the complainant, who had twenty-eight years of experience with the [organisation], was unable to perform them. [T]he complainant has [...] shown that, prima facie, the functions of the new post were substantially similar to his post, and within his capabilities [...] on the other hand, the [organisation] has failed to prove that the new post did have greater responsibilities; or that it was higher in grade than the old one; or that its greater responsibilities were recognised by way of higher remuneration. [I]n the circumstances, the Tribunal holds that there was no genuine suppression of the complainant's post, and that the termination of his contract was caused mainly by an unjustified loss of confidence in him by the administrator."

    Keywords:

    abolition of post; contract; grade; permanent; post; professional experience; training;



  • 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, under 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;



  • Judgment 1646


    83rd Session, 1997
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6 and 10

    Extract:

    "When an organisation chooses to hold a competition it must abide by its written rules and by the general principles set forth in the case law, particularly insofar as they govern the formal side of the process. [...] As the Appeal Board gathered from the personal records of the candidates on the preselection panel's list, [the successful candidate] had neither the university degree nor the experience that the notice required."

    Keywords:

    applicable law; appointment; candidate; case law; competition; complaint allowed; complaint allowed in part; criteria; decision quashed; degree; due process; international civil service principles; organisation's duties; patere legem; procedure; professional experience; staff regulations and rules; vacancy notice;



  • Judgment 1522


    81st Session, 1996
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The organization has "discharged its duty to take an express decision duly giving its reasons for not reinstating him. Its decision [not to reinstate him] takes seriatim all the posts he might have been appointed to. It explains the reasons of fact or law why it came to the view that his training, experience or grasp of languages or the need for special skills disqualified him for some posts. The reasons why he was not appointed to others had to do with the budget, some posts being 'frozen'. Or else the reasons were administrative: for example the Appointment and Promotion Board was not in favour, or the organization gave priority to a permanent employee."

    Keywords:

    advisory opinion; application for execution; budgetary reasons; due process; duration of appointment; duty to substantiate decision; judgment; judicial review; knowledge of languages; organisation's duties; permanent; priority; professional experience; promotion board; qualifications; refusal; reinstatement; selection board; training;



  • Judgment 1323


    76th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    vide judgment 133.

    Reference(s)

    ILOAT Judgment(s): 133

    Keywords:

    candidate; career; complaint allowed; complaint allowed in part; internal candidate; legitimate expectation; organisation's interest; post; priority; professional experience; satisfactory service; seniority; staff member's interest;



  • Judgment 962


    66th Session, 1989
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    paragraph 4 of circular 34 of 15 may 1979 says that "for the purpose of calculating seniority for advancement in the prescribed steps within the relevant grade, the period of part-time work will be taken into account in the same way as in the case of normal full-time work". the tribunal holds that the epo's practice of counting part-time work towards seniority for promotion on a pro-rata basis on the principle that promotion is a reward for service rendered is in no way at odds with the guidelines in the material circular as the complainant mistakenly argues.

    Reference(s)

    Organization rules reference: PARAGRAPH 4 OF CIRCULAR 34 OF 15 MAY 1979

    Keywords:

    consequence; difference; part-time employment; professional experience; promotion; proportionality; reckoning; seniority; step;



  • Judgment 957


    66th Session, 1989
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    the complainant contends that his professional experience was not properly reckoned in accordance with circular 144 of 2 september 1985. he alleges breach of the principle of equal treatment inasmuch as his seniority was lower than that granted to someone with equivalent professional experience recruited as an a3 examiner. his plea fails "because the material provisions of the service regulations deal with promotion within the organisation as distinct from the attributions of grade and step on appointment: the comparison he is drawing is between staff members who are not in the same position in law."

    Reference(s)

    Organization rules reference: CIRCULAR 144

    Keywords:

    appointment; difference; equal treatment; grade; professional experience; promotion; reckoning; seniority; step;



  • Judgment 953


    66th Session, 1989
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "the organisation has not discriminated against the complainant. appointment is different from promotion and different rules may apply in determining the step due on appointment and the step due on promotion."

    Keywords:

    appointment; difference; equal treatment; professional experience; promotion; reckoning; seniority; step;

    Consideration 2, Summary

    Extract:

    the complainant was promoted from grade a.2 to grade a.3 as from 1 march 1987. he submits that the promotion should have taken effect as from 1 august 1985, the date by which his credited experience had come to eight years, in accordance with point ii.2 of circular 144. however, as required by article 49[7] of the epo service regulations, the complainant also had to have at least two years' service in his grade in the office in order to qualify for promotion. as the complainant did not meet the latter requirement until 1 march 1987, the tribunal held that the impugned decision was correct.

    Reference(s)

    Organization rules reference: ARTICLE 49.7 EPO SERVICE REGULATIONS; POINT II.2 OF EPO CIRCULAR 144 OF 2 SEPTEMBER 1985

    Keywords:

    condition; date; effective date; grade; professional experience; promotion; seniority;



  • Judgment 908


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

    Extract:

    the rule on promotion in the epo is not to take account of professional experience gained before the age of 25. the complainant contends that new guidelines calling for "minimum age requirements" superseded the rule. having considered the new guidelines, the tribunal finds that the 25-year rule has not been changed since the minimum age requirement has exactly the same effect.

    Keywords:

    age limit; professional experience; promotion; reckoning; seniority;



  • Judgment 895


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

    Consideration 7

    Extract:

    the complainant contends that his seniority should be reckoned from the date at which he received a technical school diploma, before earning his university engineering degree. he submits that three british universities regard the technical school diploma as equivalent to a british bachelor of science degree. the tribunal holds that "until there is a common system of scientific diplomas and degrees in europe there are bound to be differences between the british and dutch systems. in the circumstances, recognising such differences is not in breach of the principle of equal treatment."

    Keywords:

    date; degree; difference; equal treatment; professional experience; reckoning; seniority;



  • Judgment 886


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

    Consideration 11

    Extract:

    in judgment 855, "under 16, the tribunal upheld its earlier ruling in judgment 657 of 18 march 1985 [...]: there was nothing improper about applying the eight-year rule, which was indeed in keeping with the administrative council's guidelines. [the complainant] had no right to fare better on the strength of a method of reckoning that had been superseded by the time he took up duty, the less so since he had been told of the terms of appointment in force at the time and had consented to them."

    Reference(s)

    ILOAT Judgment(s): 657, 855

    Keywords:

    administrative instruction; amendment; appointment; date; enforcement; professional experience; provision; reckoning; seniority; terms of appointment;



  • Judgment 884


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

    Consideration 3

    Extract:

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

    Keywords:

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



  • Judgment 881


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

    Considerations 12 and 13

    Extract:

    the complainant asks that his professional experience be reckoned anew. "professional experience and further studies will count under the guidelines only if subsequent to the date of the degree or diploma that qualifies for recruitment. [...] periods of study, training or other experience prior to obtaining the professional qualification required for appointment to the epo do form part of the qualification for which they constitute preparation and cannot count all over again as professional experience."

    Keywords:

    appointment; condition; degree; professional experience; reckoning; seniority;

    Consideration 14

    Extract:

    "likewise immaterial are the level and length of the experience [the complainant] says should count, and how long such experience must be to be treated as exceptional under i.1 [of circular 144]. such questions arise only where the applicant has no degree but is recruited on the strength of exceptional practical experience."

    Reference(s)

    Organization rules reference: POINT I.1 OF CIRCULAR 144

    Keywords:

    appointment; degree; exception; professional experience; subsidiary; terms of appointment;



  • Judgment 870


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

    Consideration 5

    Extract:

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

    Keywords:

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



  • Judgment 861


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "the complainant was recruited and graded on the strength of his degree. it is clear from [the circular] that those who get in on their university training will be credited only with professional experience gained after the award of the qualifying degree."

    Keywords:

    administrative instruction; date; degree; interpretation; professional experience; reckoning; seniority;



  • Judgment 851


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "as the tribunal ruled in judgment 819 [in re franks], it is not discriminatory to credit military and comparable service in full; indeed the purpose and the effect are to restore parity between those whose professional training has been held up by having to serve in the national interest and those who have been able to get on with their training without discharging that duty."

    Reference(s)

    ILOAT Judgment(s): 819

    Keywords:

    equal treatment; military service; professional experience; reckoning; seniority;

    Consideration 14

    Extract:

    "there is no breach of the principle of equal treatment in the fact that the guidelines, so as to attract qualified people, set a higher value on a few kinds of experience, particularly those that are closely relevant to epo work."

    Keywords:

    difference; equal treatment; professional experience; reckoning; seniority;

    Consideration 10

    Extract:

    "some differences will have to be allowed in the content and standard of engineering degrees until there is international standardisation. for an international organisation like the epo the only fair and practical approach is to demand for an examiner's post the qualifications required for equivalent duties in the applicant's home country."

    Keywords:

    date; degree; difference; equal treatment; general principle; professional experience; reckoning; seniority; terms of appointment;

    Summary

    Extract:

    the complainant objects to provisions in the new guidelines which discount periods of professional activity to the detriment of staff members on duty at 31 december 1984, since such experience may, in certain cases, be counted in full only for staff recruited after that date. the tribunal observes that the circular concerns recruitment and is intended to draw the skilled people needed by the organisation. accordingly, the tribunal finds that the distinction at issue answers a need within the organisation.

    Keywords:

    administrative instruction; amendment; equal treatment; organisation's interest; professional experience; provision; reckoning; seniority; terms of appointment;

    Considerations 22 and 23

    Extract:

    circular 144 limits total reckonable experience to twelve years. the purpose of this provision is "to deter late-comers and those who would otherwise hamper the advancement of others who have preferred to spend most of their career in the epo. [this limit] reflects a reasonable policy on recruitment and career development."

    Reference(s)

    Organization rules reference: CIRCULAR 144

    Keywords:

    administrative instruction; career; limits; organisation's interest; professional experience; purpose; reckoning; seniority; terms of appointment;

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Last updated: 28.08.2015 ^ top