APPOINTMENT
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Keywords: APPOINTMENT
Total judgments found: 507
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Judgment 3191
114th session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The EPO’s position grounded on a distinction between an appointment and a promotion is fundamentally flawed. An appointment is simply the assignment of an individual to a particular position or post. A promotion is the assignment of an individual to a higher position or rank. The fact that a so called appointment process is used to make a selection or that the assignment is called an appointment does not exclude the fact that it may also be a promotion by virtue of the fact that it also involves the attainment of a higher position or rank or, in this context, grade."
Keywords:
appointment; competition; complaint allowed; complaint allowed in part; decision; decision quashed; executive head; flaw; promotion; promotion board; selection board; vacancy; vacancy notice;
Consideration 14
Extract:
"Regarding the contents of the vacancy notice, the confusion, to the extent there was some confusion among potential applicants, involved confusion about the interpretation of the Service Regulations and not the interpretation of the content of the vacancy notice itself. However, in these circumstances, where the EPO was aware of the confusion surrounding the interpretation of its Regulations, it was incumbent on the Administration to clarify the requirements for the position in the vacancy notice."
Keywords:
complaint allowed; complaint allowed in part; formal requirements; organisation's duties; staff member's interest; vacancy; vacancy notice;
Judgment 3157
114th session, 2013
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9 and 11
Extract:
"[H]aving regard to the submissions [...], the Tribunal notes that the complainant was excluded from the technical evaluation on the grounds that he did not possess all the required qualifications, but that the [three] candidates shortlisted [...] did not possess them either. [...] [T]he complainant received unequal treatment when the shortlist was established. As the selection process is tainted with a flaw, the impugned decision must be set aside and the disputed appointment must be cancelled [...]. The Organization must shield the successful candidate from any injury that might result from the cancellation of his appointment, which he accepted in good faith."
Keywords:
appointment; breach; candidate; competition; competition cancelled; complaint allowed; consequence; criteria; decision quashed; degree; equal treatment; good faith; grounds; internal competition; lack of injury; organisation's duties; procedural flaw; rejected permanently;
Judgment 3153
114th session, 2013
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"As the complainant was not reinstated, her employment relationship with WMO ended on 3 November 2006 and with her separation from service, her right to participate in the UNJSPF ended (see Judgments 1338, 1797 and 1904). Further, as also stated in Judgment 2621 under 5, 'had it been its intent the Tribunal would have specifically ordered the payment of an amount equivalent to the pension fund contributions that would otherwise have been paid by the [organisation]'."
Reference(s)
ILOAT Judgment(s): 1338, 1797, 1904, 2621, 3061
Keywords:
application for execution; application for interpretation; case law; contributions; judgment; organisation's duties; pension; reinstatement; unjspf;
Judgment 3142
113th session, 2012
Energy Charter Conference
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"Indeed, to make a staff member’s contract renewal dependent on the outcome of an investigation of his or her claim of harassment is a clear disincentive to the making of a claim, even if the claim is justified."
Keywords:
complaint allowed in part; condition; contract; extension; harassment; inquiry;
Judgment 3141
113th session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 36
Extract:
"[W]hen recruiting its officials an international organisation must ensure that their status complies with the laws of the host State governing the residence of aliens, failing which it may be held to have abused the privileges and immunities conferred upon it and upon its staff members."
Keywords:
appointment; complaint allowed; complaint allowed in part; domestic law; headquarters; member state; misuse of authority; organisation's duties; privileges and immunities;
Judgment 3090
112th session, 2012
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[T]he Tribunal may rule on any employment relationship arising between an organisation and its staff, whether under the terms of a contract or under Staff Regulations. If a decision to appoint an employee, or to terminate his or her employment, is challenged on the grounds that it affects the rights of the person concerned which the Tribunal is competent to safeguard, the Tribunal must rule on the lawfulness of the disputed decision. It is immaterial whether the employee in question was recruited under a contract and whether that contract was for a fixed term. (See Judgment 1272, under 9.)"
Reference(s)
ILOAT Judgment(s): 1272
Keywords:
appointment; competence of tribunal; complaint allowed; complaint allowed in part; contract; duration of appointment; international civil servant; right; safeguard; staff regulations and rules; termination; terms of appointment;
Consideration 7
Extract:
"[WIPO's] employment relationship with the complainant always rested on short-term contracts [...]. These contracts were systematically renewed without any notable breaks, with the result that [...] the complainant pursued a career in the Organization for more than seven years, i.e. until the expiry of [her last] contract. This long succession of short-term contracts gave rise to a legal relationship between the complainant and WIPO which was equivalent to that on which permanent staff members of an organisation may rely. In considering that the complainant belonged to the category of short-term employees to whom the Staff Regulations and Staff Rules do not apply and who do not enjoy legal protection comparable to that enjoyed by other staff members, the defendant failed to recognise the real nature of its legal relationship with the complainant. In so doing it committed an error of law and misused the rules governing short-term contracts."
Keywords:
applicable law; career; complaint allowed; complaint allowed in part; contract; difference; extension; mistake of law; misuse of authority; non-renewal; permanent; short-term; staff regulations and rules; status of complainant; temporary-indefinite; terms of appointment;
Judgment 3074
112th session, 2012
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15 & 16
Extract:
"[I]nternational organisations' staff members do not have a right to have all the conditions of employment laid down in the provisions of the staff rules and regulations in force at the time of their recruitment applied to them throughout their career.
[M]ost of those conditions [can] be altered during [their] employment as a result of amendments to those provisions. Of course the position is different if, having regard to the nature and importance of the provision in question, the complainant has an acquired right to its continued application. However, according to the case law established in Judgment 61, clarified in Judgment 832 and confirmed in Judgment 986, the amendment of a provision governing an official's situation to his or her detriment constitutes a breach of an acquired right only when such an amendment adversely affects the balance of contractual obligations, or alters fundamental terms of employment in consideration of which the official accepted an appointment, or which subsequently induced him or her to stay on. In order for there to be a breach of an acquired right, the amendment to the applicable text must therefore relate to a fundamental and essential term of employment within the meaning of Judgment 832 (in this connection see also Judgments 2089, 2682, 2696 or 2986). The conditions for the payment of removal expenses, in particular a limit on the volume of household goods which may be shipped at the Organization's expense, plainly do not have this character [...]."
Reference(s)
ILOAT Judgment(s): 61, 832, 986, 2089, 2682, 2696, 2986
Keywords:
acquired right; amendment; applicable law; appointment; breach; career; complaint allowed; complaint allowed in part; condition; contract; date; exception; international civil servant; limits; personal effects; provision; removal expenses; right; staff regulations and rules; terms of appointment;
Judgment 3073
112th session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"According to the case law, an international organisation which decides to hold a competition in order to fill a post cannot select a candidate who does not satisfy one of the required qualifications specified in the vacancy notice. Such conduct, which is tantamount to modifying the criteria for appointment to the post during the selection process, incurs the Tribunal's censure on two counts. Firstly, it violates the principle of patere legem quam ipse fecisti, which forbids the Administration to ignore the rules it has itself defined. In this respect, a modification of the applicable criteria during the selection procedure more generally undermines the requirements of mutual trust and fairness which international organisations have a duty to observe in their relations with their staff. Secondly, the appointment body's alteration, after the procedure had begun, of the qualifications which were initially required in order to obtain the post, introduces a serious flaw into the selection process with respect to the principle of equal opportunity among candidates. Irrespective of the reasons for such action, it inevitably erodes the safeguards of objectivity and transparency which must be provided in order to comply with this essential principle, breach of which vitiates any appointment based on a competition. (See Judgments 1158, 1646, 2584 and 2712.)"
Reference(s)
ILOAT Judgment(s): 1158, 1646, 2584, 2712
Keywords:
amendment; appointment; breach; candidate; competition; complaint allowed; condition; criteria; decision quashed; equal treatment; equity; flaw; grounds; organisation's duties; patere legem; safeguard; vacancy notice; working relations; written rule;
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 3043
111th session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"[A]d personam promotion constitutes advancement on merit to reward an employee for services of a quality higher than that ordinarily expected of the holder of the post. In the absence of any provision to the contrary, it is an optional and exceptional discretionary measure which is subject to only limited review by the Tribunal (see Judgments 1500, under 4, and 1973, under 5). This kind of promotion should certainly not be granted as redress for an alleged injury, as the complainant requests. The advancement of an official naturally obeys its own logic related to the classification of the job done and the professional merit of the person in question, which has nothing to do with the logic behind compensation for injuries which may have been caused to this person by the international organisation employing him or her (see Judgment 2706, under 8)."
Reference(s)
ILOAT Judgment(s): 1500, 1973, 2706
Keywords:
claim; compensation; compensatory measure; definition; discretion; exception; injury; judicial review; limits; no provision; organisation; personal promotion; post; post classification; purpose; refusal; request; satisfactory service; work appraisal;
Judgment 3035
111th session, 2011
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
The complainant was suspended from duty on 4 September 2008.
"The Tribunal finds that, in maintaining the complainant's suspension by his decision of 6 July 2009, the Director General extended the duration of this suspension beyond the reasonable limit accepted by the case law and thus caused the complainant moral and professional injury."
Keywords:
breach; case law; cause; complaint allowed; complaint allowed in part; date; executive head; extension; injury; moral injury; professional injury; reasonable time; suspension;
Judgment 3032
111th session, 2011
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"[W]hen an international organisation wants to fill a post by competition, it must comply with the material rules and the general precepts of the case law (see, for example, Judgment 2163 [...], under 3)."
Reference(s)
ILOAT Judgment(s): 2163
Keywords:
appointment; case law; competition; complaint allowed; complaint allowed in part; consequence; decision; due process; general principle; organisation's duties; provision; staff regulations and rules; written rule;
Consideration 11
Extract:
"According to the Tribunal's case law, as reflected, inter alia, in Judgments 556, under 4(b), and 2142 under 16 and 17, a candidate is not entitled to consult any record there may be of a discussion by the selection board or to know the identity of all the candidates who were eliminated."
Reference(s)
ILOAT Judgment(s): 556, 2142
Keywords:
candidate; communication to third party; competition; complaint allowed; complaint allowed in part; right; selection board;
Consideration 18
Extract:
"According to the Tribunal's case law, when a vacancy is to be filled, staff members must be given sufficient information to enable them to exercise their rights without facing any unnecessary hindrance. A competition aimed at filling a vacant post must be held under satisfactory conditions of objectivity and transparency, which guarantee that the candidates will receive equal treatment (see, for example, Judgment 2210, under 5, and the case law cited therein)."
Reference(s)
ILOAT Judgment(s): 2210
Keywords:
candidate; competition; complaint allowed; complaint allowed in part; duty to inform; equal treatment; formal requirements; international civil servant; organisation's duties; procedure; right of appeal; safeguard; vacancy;
Judgment 3026
111th session, 2011
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Failure on the part of the Organisation to give the complainant a fair opportunity to demonstrate improvement prior to deciding not to renew his fixed-term contract for unsatisfactory performance.
"It must be assumed that until 2006 the complainant's work was satisfactory as his contract was renewed from time to time, albeit that he was not subject to performance appraisal during the period he was employed on temporary assistance contracts."
Keywords:
appointment; complainant; contract; performance report; period; presumption; satisfactory service; short-term; work appraisal;
Judgment 3016
111th session, 2011
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Rejection of the complainant's request for reclassification of her post following a classification exercise.
"The classification of posts involves the exercise of value judgements as to the nature and extent of the duties and responsibilities of the posts. Accordingly, the Tribunal will not substitute its own assessment or direct a new assessment unless certain grounds are established. Consistent precedent has it that 'the Tribunal will not interfere with the decision [...] unless it was taken without authority or shows some procedural or formal flaw or a mistake of fact or of law, or overlooks some material fact, or is an abuse of authority, or draws a clearly mistaken conclusion from the facts' (see Judgment 1281, under 2)."
Reference(s)
ILOAT Judgment(s): 1281
Keywords:
admissible grounds for review; disregard of essential fact; flaw; formal flaw; grounds; judicial review; mistake of fact; mistake of law; mistaken conclusion; misuse of authority; post; post classification; procedural flaw;
Judgment 3006
111th session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The principle of equality requires that all candidates in a given year be assessed by reference to staff reports for the same period. It is clear from Judgment 2221 that the principle also requires that if the 'merits' of a candidate for promotion are subsequently upgraded, the question of promotion must be considered on the basis of what would have happened if the upgraded marking had been considered previously."
Reference(s)
ILOAT Judgment(s): 2221
Keywords:
candidate; equal treatment; performance report; promotion; rating; work appraisal;
Judgment 3005
111th session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
Rejection of a request for conversion of a fixed-term appointment to a permanent one.
"In Judgment 1349, under 11, the Tribunal noted the wide discretion an organisation enjoys in relation to the decision to convert a fixed-term appointment to a permanent one. Given the highly discretionary nature of the decision, it is subject to limited review and will only be set aside 'if it is taken without authority or in breach of a rule of form or of procedure, or if it is based on a mistake of fact or of law, or if some essential fact was overlooked, or if clearly mistaken conclusions were drawn from the facts, or if there was an abuse of authority' (see Judgment 2694, under 4)."
Reference(s)
ILOAT Judgment(s): 1349, 2694
Keywords:
appointment; contract; decision; discretion; fixed-term; judicial review; permanent;
Judgment 2982
110th session, 2011
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
Replacement of a staff member in circumstances constituting harassment.
"The Tribunal has consistently held [...] that an organisation 'cannot base an adverse decision on a staff member's unsatisfactory performance if it has not complied with the rules established to evaluate that performance' (see Judgment 2916, under 4). It is also well established that an organisation 'owes it to its employees, especially probationers, to guide them in the performance of their duties and to warn them in specific terms if they are not giving satisfaction and are in risk of dismissal' (see Judgment 2732, under 16)."
Reference(s)
ILOAT Judgment(s): 2732, 2916
Keywords:
decision; organisation's duties; probation; staff assessment; staff regulations and rules; unsatisfactory service; warning; work appraisal;
Judgment 2980
110th session, 2011
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"To add candidates to a shortlist after the evaluation process has begun does not comply with the mandatory fairness and transparency of the recruitment process, and could have a prejudicial effect on the outcome of the process as every evaluation is conditioned by the quantity and quality of candidates to be evaluated. It could also have the effect of appearing to have been done to satisfy improper interests, regardless of whether or not one of the candidates added at a later date eventually succeeds."
Keywords:
candidate; competition; equal treatment; formal flaw; procedural flaw;
Judgment 2978
110th session, 2011
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[A]ccording to the Tribunal's case law, when the result of a competition is announced and, more broadly when [...] the Administration chooses between candidates, the duty to state the reasons for the choice does not mean that they must be notified at the same time as the decision (see Judgments 1787, under 5, and 2035, under 4). These reasons may be disclosed at a later date, for example in the context of appeal proceedings (see Judgments 1590, under 7, and 2194, under 7)."
Reference(s)
ILOAT Judgment(s): 1590, 1787, 2035, 2194
Keywords:
appointment; candidate; competition; date of notification; decision; discretion; duty to substantiate decision; formal requirements; grounds; same;
Consideration 6
Extract:
"[T]he mere fact that one of the candidates in a competition is temporarily holding the post to be filled does not render the procedure unlawful."
Keywords:
candidate; competition; procedural flaw; provisional measures;
Judgment 2977
110th session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Non-confirmation of appointment at the end of probation for unsatisfactory performance.
"It is well settled that 'the widest measure of discretion' attends decisions as to the confirmation or otherwise of probationary appointments (see Judgment 1386, under 17). Such decisions are subject to review only on the grounds that 'there was a mistake of fact or law, or a formal or procedural flaw, or if some essential fact was overlooked, or if a clearly mistaken conclusion was drawn from the evidence, or if there was abuse of authority' (see Judgment 1175, under 5)."
Reference(s)
ILOAT Judgment(s): 1175, 1386
Keywords:
admissible grounds for review; appointment; decision; discretion; disregard of essential fact; fact overlooked; formal flaw; judicial review; mistake of fact; mistake of law; mistaken conclusion; probation; procedural flaw;
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