APPOINTMENT
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Keywords: APPOINTMENT
Total judgments found: 507
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Judgment 1158
72nd session, 1992
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATIONS 6, 8 AND 9
Extract:
"THE MATERIAL ISSUE IS [...] WHETHER THE ORGANIZATION MIGHT, IN MID-COMPETITION AND WHILE ASSESSING THE CANDIDATES, ALTER THE REQUIREMENTS IT HAD ITSELF ALREADY DECLARED FOR THE POST. [...] IF IT DECIDES TO HOLD A COMPETITION "IT MUST ABIDE BY THE CONDITIONS IT HAS ITSELF SET FOR THE COMPETITION: PATERE LEGEM QUAM IPSE FECISTI. [...] THE APPLICATION OF THAT PRINCIPLE MEANS THAT THE CONDITIONS OF ENTRY FOR A COMPETITION MAY NOT PROPERLY BE ALTERED ONCE THE PROCESS OF SELECTION IS UNDER WAY. BUT "UNIDO FAILED TO ABIDE BY ITS OWN REQUIREMENTS [...] AN ESSENTIAL CONDITION FOR THE COMPETITION WAS WAIVED DURING [THE] EVALUATION, AND SUCH WAIVER IMPAIRED THE FAIRNESS AND LAWFULNESS OF THE PROCESS OF SELECTION. FOR THAT REASON ALONE THE IMPUGNED DECISION MUST [...] BE SET ASIDE".
Keywords:
competition; complaint allowed; complaint allowed in part; condition; criteria; decision quashed; due process; general principle; organisation's duties; patere legem; procedure;
CONSIDERATION 5
Extract:
"THE TRIBUNAL IS REQUIRED TO DETERMINE WHETHER IN CONSIDERING ALL THE CASE RECORDS BEFORE IT, THE ORGANIZATION HAS PROPERLY IDENTIFIED THE QUALIFIED CANDIDATES. IN DOING SO THE TRIBUNAL WILL MAKE SURE THAT THE CRITERIA WHICH ARE TO BE APPLIED HAVE NOT BEEN PUT TO IMPROPER USE. AND THERE WOULD BE SUCH IMPROPER USE IF, FOR EXAMPLE, THE [...] PRINCIPLE OF EQUALITY WERE TREATED AS A PRIVILEGE."
Keywords:
candidate; competition; complaint allowed; complaint allowed in part; criteria; decision quashed; equal treatment; open competition; organisation's duties;
Judgment 1153
72nd session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 9
Extract:
"AS THE CASE LAW MAKES PLAIN - FOR EXAMPLE, JUDGMENT 687 [...] AND 736 [...] - A DECISION NOT TO CONFIRM A PROBATIONER'S APPOINTMENT IS A MATTER OF DISCRETION [...] AND THE TRIBUNAL WILL NOT SUBSTITUTE ITS OWN JUDGMENT FOR THE ORGANISATION'S IN MATTERS THAT REQUIRE SUCH EXERCISE OF DISCRETION. [...] ALTHOUGH THE TRIBUNAL MAY REVIEW THE LAWFULNESS OF THE DISMISSAL, THE NATURE OF THE DECISION IS SUCH THAT ITS POWER OF REVIEW IS LIMITED. IT WILL SET ASIDE THE DECISION ONLY IF THERE WAS A MISTAKE OF FACT OR LAW".
Reference(s)
ILOAT Judgment(s): 687, 736
Keywords:
case law; discretion; judicial review; probation; termination;
Judgment 1152
72nd session, 1992
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 2
Extract:
"AS [THE TRIBUNAL] HAS SAID MANY TIMES, GRADING REQUIRES CLOSE FAMILIARITY WITH THE CONDITIONS IN WHICH THE STAFF MEMBER WORKS. [...] THE DECISION IS, IN OTHER WORDS, A DISCRETIONARY ONE. [...] CONSISTENT PRECEDENT HAS IT THAT THE TRIBUNAL WILL NOT SUBSTITUTE ITS OWN ASSESSMENT OR DIRECT THAT A NEW ONE BE MADE UNLESS IT IS SATISFIED ON THE EVIDENCE THAT THERE IS A FATAL FLAW".
Keywords:
discretion; judicial review; limits; post; post classification;
Judgment 1151
72nd session, 1992
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 3
Extract:
"ACCORDING TO CONSISTENT PRECEDENT A DECISION TO APPOINT OR PROMOTE A STAFF MEMBER, EVEN THOUGH IT IS A MATTER OF DISCRETION, MAY BE SET ASIDE, AND ONE FLAW THAT WILL BE FATAL IS THAT IT WAS TAKEN WITHOUT AUTHORITY."
Keywords:
appointment; case law; competence; complaint allowed; decision; decision quashed; decision-maker; discretion; judicial review; promotion;
Judgment 1143
72nd session, 1992
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 3
Extract:
"REGULATION 9.8 CONFERS ON THE DIRECTOR GENERAL DISCRETION TO EXTEND THE AGE LIMIT IN INDIVIDUAL CASES IF HE CONSIDERS THAT TO BE IN THE ORGANIZATION'S INTERESTS. THE DETERMINATION OF WHAT THE ORGANIZATION'S INTERESTS ARE BEING PECULIARLY WITHIN THE DIRECTOR GENERAL'S DISCRETION, THE TRIBUNAL HAS A LIMITED POWER OF REVIEW AND WILL INTERFERE WITH HIS DECISION ONLY IF IT WAS TAKEN WITHOUT AUTHORITY OR [ETC]".
Reference(s)
Organization rules reference: WIPO STAFF REGULATION 9.8
Keywords:
age limit; complaint allowed; decision quashed; discretion; exception; extension; judicial review; organisation's interest; retirement;
Judgment 1138
72nd session, 1992
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATIONS 2 AND 3
Extract:
"BY VIRTUE OF UNESCO STAFF RULE 104.6(B) A FIXED-TERM CONTRACT MAY AT THE DIRECTOR-GENERAL'S DISCRETION BE EXTENDED OR CONVERTED INTO AN INDEFINITE APPOINTMENT, BUT THE STAFF MEMBER HAS NEITHER ANY RIGHT TO AN EXTENSION NOR ANY LEGITIMATE EXPECTANCY OF ONE. IN KEEPING WITH PRECEDENT [...] THE TRIBUNAL WILL NOT INTERFERE WITH THE DISCRETIONARY DECISION NOT TO EXTEND AN APPOINTMENT UNLESS IT WAS MADE WITHOUT AUTHORITY OR IN BREACH OF A RULE OF PROCEDURE, OR WAS BASED ON A MISTAKE OF FACT OR OF LAW, OR OVERLOOKED SOME ESSENTIAL FACT, OR AMOUNTED TO AN ABUSE OF AUTHORITY."
Reference(s)
Organization rules reference: UNESCO STAFF RULE 104.6
Keywords:
confirmation of appointment; contract; discretion; extension; judicial review; non-renewal;
Judgment 1127
71st session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 4
Extract:
THE COMPLAINANT'S APPOINTMENT WAS TERMINATED AFTER PROBATION. SHE OBJECTS TO THE ADMINISTRATION'S MAKING OUT A SUPPLEMENTARY PROBATION REPORT ON HER AND EXTENDING - WITHOUT SO ADVISING HER - THE PERIOD SHE WAS TO SPEND ON PROBATION IN BREACH OF THE REGULATIONS. THE PLEAS FAIL. "THE PROBATION REPORT REQUIRED BY ARTICLE 36(2) [OF THE STAFF REGULATIONS] NEED NOT BE A SINGLE DOCUMENT BUT MAY COMPRISE SEVERAL, EVEN IF THEY ARE MADE OUT AT DIFFERENT DATES." AS TO THE LENGTH OF HER PROBATION IT WAS THE COMPLAINANT HERSELF WHO ASKED FOR THE EXTENSION AND IT WAS NOT, IN THE CIRCUMSTANCES, TO HER DETRIMENT.
Reference(s)
Organization rules reference: ARTICLE 36(2) OF THE EUROCONTROL STAFF REGULATIONS
Keywords:
extension; formal requirements; lack of injury; period; probation; probation report; termination; unsatisfactory service;
CONSIDERATION 30
Extract:
"A DECISION NOT TO CONFIRM A PROBATIONER'S APPOINTMENT IS AT THE DIRECTOR GENERAL'S DISCRETION AND, ACCORDING TO WELL-ESTABLISHED PRECEDENT, A DISCRETIONARY DECISION MAY BE SET ASIDE ONLY IF IT WAS TAKEN WITHOUT AUTHORITY, OR [ETC.] "THERE WILL BE ESPECIAL CAUTION IN REVIEWING A DECISION NOT TO CONFIRM THE APPOINTMENT OF A PROBATIONER IN THE LIGHT OF THE MATERIAL CRITERIA. "WHERE THE REASON FOR REFUSAL OF CONFIRMATION IS, AS IN THE PRESENT CASE, UNSATISFACTORY PERFORMANCE THE TRIBUNAL WILL NOT REPLACE WITH ITS OWN THE ORGANISATION'S ASSESSMENT OF THE OFFICIAL'S FITNESS."
Keywords:
appointment; discretion; judicial review; probation; termination; unsatisfactory service;
CONSIDERATIONS 21 AND 22
Extract:
THE COMPLAINANT SUBMITS THAT THE CUSTOM IN THE EUROPEAN COMMUNITIES IS TO TRANSMIT AN INTERIM REPORT TO THE PROBATIONER IN MID-PROBATION. "THE ANSWER TO THAT IS THAT, BEING AN INDEPENDENT ORGANISATION, EUROCONTROL IS NOT BOUND BY THE CUSTOMS OF ANY OTHER, EVEN ONE THAT HAS RULES SIMILAR TO ITS OWN. BESIDES, THAT AN INTERIM REPORT MAY BE USEFUL DOES NOT MAKE IT COMPULSORY."
Keywords:
applicable law; practice; probation report; rule of another organisation;
CONSIDERATION 18
Extract:
"THE PURPOSE OF PROBATION IS [...] TO DETERMINE WHETHER THE OFFICIAL IS CAPABLE OF PERFORMING SATISFACTORILY 'ASSIGNMENTS OF A KIND AND DEGREE OF DIFFICULTY' THAT CORRESPOND TO THOSE HE WAS RECRUITED FOR." THE COMPLAINANT HAS FAILED TO SHOW THAT "THE ASSIGNMENTS SHE MAY HAVE BEEN GIVEN WERE IN A DIFFERENT AREA OF WORK OR WERE OF GREATER COMPLEXITY AND DIFFICULTY THAN THOSE SHE WAS APPOINTED TO PERFORM".
Keywords:
assignment; difference; lack of evidence; post description; probation; purpose;
Judgment 1116
71st session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 5
Extract:
THE COMPLAINANT, WHOSE POST WAS ABOLISHED, ALLEGES THAT THE ORGANIZATION COMMITTED A MISTAKE OF LAW BY KEEPING HIM IN ITS EMPLOY UNDER A LONG STRING OF SHORT-TERM APPOINTMENTS. HE RELIES ON WHAT HE SAYS WAS UNESCO'S ESTABLISHED PRACTICE OF EXTENDING FIXED-TERM APPOINTMENTS FOR NEVER LESS THAN ONE YEAR. THE TRIBUNAL OBSERVES THAT THERE IS NO RULE BINDING THE ORGANIZATION TO A MINIMUM OR MAXIMUM PERIOD OF EXTENSION AND THAT THE COMPLAINANT DOES NOT OFFER A SHRED OF EVIDENCE OF THE PRACTICE HE SAYS IT FOLLOWED.
Keywords:
burden of proof; contract; duration of appointment; evidence; extension; fixed-term; non-renewal; organisation's duties; practice; short-term; successive contracts;
Judgment 1110
71st session, 1991
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
IN JUDGMENT 996 THE TRIBUNAL SET ASIDE THE DECISION TO DISMISS THE COMPLAINANT AND ORDERED HIS REINSTATEMENT "WITH FULL ARREARS OF SALARY AND ALLOWANCES". IN EXECUTION OF THAT JUDGMENT THE ESO REINSTATED HIM AS A MEMBER OF ITS HEALTH INSURANCE SCHEME AS FROM THE DATE OF DISMISSAL AND DEDUCTED THE CORRESPONDING PREMIUMS FROM HIS PAY. THE COMPLAINANT'S OBJECTIONS TO THE DEDUCTIONS ARE MISTAKEN. THE INTENTION OF JUDGMENT 996 WAS, AS FAR AS POSSIBLE, TO PUT THE COMPLAINANT IN THE SAME POSITION AS IF HE HAD NOT BEEN DISMISSED. THE TRIBUNAL IS SATISFIED THAT IN RESPECT OF HEALTH INSURANCE THE ORGANISATION HAS COMPLIED WITH THE LETTER AND THE SPIRIT OF THE JUDGMENT.
Reference(s)
ILOAT Judgment(s): 996
Keywords:
application for interpretation; consequence; contributions; deduction; insurance; insurance benefit; interpretation; judgment; payment; reinstatement; salary;
Judgment 1109
71st session, 1991
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 6
Extract:
AFTER RECOMMENDING THAT THE COMPLAINANT SHOULD GET A PERSONAL PROMOTION THE SELECTION BOARD HELD A FURTHER MEETING AT THE INSTANCE OF THE DEPUTY DIRECTOR-GENERAL AND SHIFTED GROUND. THE TRIBUNAL HOLDS THAT "IN ONLY TWO CASES MAY AN INTERNAL BODY BE ASKED TO THINK AGAIN. ONE IS WHERE SOMETHING UNFORESEEABLE AND OF DECISIVE MOMENT OCCURS AFTER IT HAS REPORTED, AND THE OTHER IS WHERE THERE COMES TO LIGHT SOME FACT OR EVIDENCE, AGAIN OF CARDINAL IMPORTANCE, THAT IT DID NOT KNOW OF OR COULD NOT HAVE KNOWN OF BEFORE IT REPORTED." SINCE THOSE CONDITIONS WERE NOT MET IN THE INSTANT CASE THE DECISION IS TAINTED WITH A PROCEDURAL FLAW AND MUST BE QUASHED. THE COMPLAINANT IS SENT BACK TO THE ORGANISATION FOR HIS CASE TO BE REVIEWED.
Keywords:
advisory body; case reopened; case sent back to organisation; complaint allowed; condition; decision quashed; flaw; internal appeals body; new fact; organisation; procedural flaw; request; selection board;
Judgment 1107
71st session, 1991
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 3
Extract:
THE COMPLAINANT, WHO JOINED CERN AS A FIREMAN, WAS TRANSFERRED FROM A NIGHT-SHIFT POST TO ONE CONFINED TO DAY WORK. THE OFFER OF THE NEW POST SAID THAT STAFF WHO GAVE UP SHIFT WORK COULD BE COMPENSATED FOR LOSS OF THE SHIFT ALLOWANCE AT DIGRESSIVE RATES OVER THREE YEARS. THE DIRECTOR- GENERAL DECIDED TO GRANT HIM COMPENSATION OVER A PERIOD OF ONLY ONE YEAR. THE TRIBUNAL SETS THE DECISION ASIDE ON THE GROUNDS THAT "AN OFFER OF APPOINTMENT HOLDS GOOD UNTIL IT IS WITHDRAWN OR ACCEPTED IN GOOD FAITH AND WITHOUT QUALIFICATION, WHEN IT AMOUNTS TO A CONTRACT."
Keywords:
acceptance; appointment; binding character; compensatory allowance; compensatory measure; complaint allowed; contract; decision quashed; elements; good faith; offer; reduction; salary; transfer;
Judgment 1077
70th session, 1991
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 11
Extract:
PAHO STAFF REGULATION 4.4 GIVES PREFERENCE TO INSIDE CANDIDATES FOR PROMOTION, ALL OTHER THINGS BEING EQUAL. TWO EDITORS ON TEMPORARY POSTS WERE APPOINTED AFTER THE HOLDING OF A COMPETITION. THE TRIBUNAL HOLDS THAT AN ORGANISATION MUST AVOID SO GIVING INSIDE CANDIDATES THE IMPRESSION OF SUBTERFUGE.
Reference(s)
Organization rules reference: PAHO STAFF REGULATION 4.4
Keywords:
appointment; candidate; competition; internal candidate; priority;
CONSIDERATION 4
Extract:
"A DECISION BY AN INTERNATIONAL ORGANISATION TO MAKE AN APPOINTMENT IS A DISCRETIONARY ONE AND IS THEREFORE SUBJECT ONLY TO LIMITED REVIEW. IT MAY BE QUASHED ONLY IF IT WAS TAKEN WITHOUT AUTHORITY OR [ETC] THE TRIBUNAL WILL IN CASES LIKE THE PRESENT EXERCISE ITS POWER OF REVIEW WITH SPECIAL CAUTION, ITS FUNCTION BEING NOT TO JUDGE THE CANDIDATES ON MERIT BUT TO ALLOW THE SELECTION COMMITTEE AND THE EXECUTIVE HEAD FULL RESPONSIBILITY FOR THEIR CHOICE."
Keywords:
appointment; competition; discretion; judicial review; limits;
CONSIDERATION 6
Extract:
THE SELECTION COMMITTEE INITIALLY RECOMMENDED THE APPOINTMENT OF THE COMPLAINANT. RECRUITMENT TO THE POST HAVING BEEN FROZEN FOR TWO YEARS, THE COMMITTEE'S RECOMMENDATION NEVER REACHED THE DIRECTOR. AFTER THE FREEZE ANOTHER SELECTION PROCESS BEGAN WITHOUT TAKING ACCOUNT OF THE OUTCOME OF THE FIRST, AND THE COMPLAINANT WAS NOT SELECTED. THE TRIBUNAL IS SATISFIED THAT IN VIEW OF THE TIME THAT HAD ELAPSED BETWEEN THE TWO SELECTION PROCESSES IT WAS ONLY REASONABLE TO TREAT THE FIRST ONE AS ABORTIVE AND TO START A NEW ONE.
Keywords:
competition; competition cancelled; recommendation; selection board;
SUMMARY
Extract:
THE COMPLAINANT OBJECTS TO THE OUTCOME OF A COMPETITION WHICH SHE TOOK PART IN. THE TRIBUNAL FINDS THE MATERIAL SELECTION PROCESS IS TAINTED WITH TWO FLAWS: THE RESULTS WERE NOT "QUANTIFIED" AND THE CANDIDATES WERE NOT ANONYMOUS. AS THE EVALUATION PROCESS WAS NOT A FAIR ONE, THE COMPLAINANT IS ENTITLED TO DAMAGES.
Keywords:
bias; competition; complaint allowed; equal treatment; procedural flaw;
Judgment 1074
70th session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
FOLLOWING A PERIOD ON UNPAID LEAVE FOR PERSONAL REASONS, THE COMPLAINANT COULD NOT BE REINSTATED UNDER ARTICLE 40(3)(D), WHICH ENTITLES HIM TO REINSTATEMENT UNDER CERTAIN CONDITIONS. HE ALLEGES BREACH OF THE TERMS OF APPOINTMENT BY EUROCONTROL. THE TRIBUNAL OBSERVES THAT "HE IS UNABLE TO POINT TO ANY ONE VACANT POST CORRESPONDING TO HIS GRADE, CATEGORY AND SERVICE IN WHICH THE ORGANISATION HAVE FAILED TO REINSTATE HIM. STILL LESS IS HE ABLE TO POINT TO SUCH A SERIES OF FAILURES TO REINSTATE HIM AS MIGHT RAISE THE PRESUMPTION OF A DECISION BY THE ORGANISATION NEVER TO REINSTATE HIM AT ALL".
Reference(s)
Organization rules reference: ARTICLE 40 OF THE GENERAL CONDITIONS OF EMPLOYMENT GOVERNING SERVANTS AT THE EUROCONTROL MAASTRICHT CENTRE
Keywords:
compassionate leave; organisation's duties; reinstatement; right; special leave; unpaid leave;
Judgment 1071
70th session, 1991
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 7
Extract:
PAHO STAFF REGULATION 4.4 GIVES PREFERENCE WHEN FILLING VACANCIES TO EXISTING STAFF MEMBERS OVER OUTSIDE CANDIDATES. THE REGULATION "DOES NOT GIVE EXISTING STAFF MEMBERS ABSOLUTE PRIORITY IN PROMOTION AND THE TRIBUNAL DOES NOT MAKE RULINGS ON SUCH MATTERS AS STAFF POLICY, WHICH ARE WITHIN THE PREROGATIVE OF THE DIRECTOR. YET, IF THERE WERE A CONSISTENT PRACTICE OF RECRUITING PEOPLE UNDER TEMPORARY APPOINTMENTS AND LATER APPOINTING THEM TO PERMANENT POSTS, IN PREFERENCE TO INSIDE APPLICANTS, ON THE STRENGTH OF THE EXPERIENCE THEY HAD THEREBY GAINED, IT WOULD OFFEND AGAINST THE PURPOSE AND SPIRIT OF REGULATION 4.4." (VIDE JUDGMENT 1077.)
Reference(s)
Organization rules reference: PAHO STAFF REGULATION 4.4
ILOAT Judgment(s): 1077
Keywords:
candidate; competition; internal candidate; judicial review; priority; vacancy;
CONSIDERATION 3
Extract:
BOTH THE COMPLAINANT AND ONE OTHER CANDIDATE, MR. X, WERE SHORT-LISTED AFTER A POST THEY APPLIED FOR WAS PUT UP FOR COMPETITION. THE SELECTION COMMITTEE INTERVIEWED MR. X AND HE THEN GOT THE APPOINTMENT. REFERRING TO PRECEDENT AS STATED IN JUDGMENT 107, THE TRIBUNAL HELD THAT "THE SELECTION COMMITTEE DID NOT PUT THE COMPLAINANT ON AN EQUAL FOOTING WITH MR. [X]: IT INTERVIEWED HIM BUT NOT HER." THE SELECTION PROCEDURE WAS FLAWED AND THE COMPLAINANT ENTITLED TO DAMAGES.
Reference(s)
ILOAT Judgment(s): 107
Keywords:
candidate; competition; complaint allowed; equal treatment; procedural flaw;
Judgment 1052
69th session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 4
Extract:
"THE CASE LAW IS THAT A DECISION NOT TO RENEW A FIXED-TERM APPOINTMENT, BEING DISCRETIONARY, MAY BE SET ASIDE ONLY IF IT WAS TAKEN WITHOUT AUTHORITY, OR IN BREACH OF A RULE OF FORM OR OF PROCEDURE, [ETC]. ALTHOUGH SUCH CRITERIA HOLD GOOD FOR THE REVIEW OF ALL DISCRETIONARY DECISIONS, THE TRIBUNAL WILL EXERCISE ESPECIAL CAUTION IN REVIEWING A DECISION NOT TO CONFIRM THE APPOINTMENT OF SOMEONE WHO IS STILL ON PROBATION; ELSE PROBATION WOULD FAIL TO SERVE ITS PURPOSE AS A PERIOD OF TRIAL. IN THE CASE OF A PROBATIONER THE ADMINISTRATION MUST INDEED BE ALLOWED THE WIDEST MEASURE OF DISCRETION, AND ITS DECISION WILL STAND UNLESS THE FLAW WAS PARTICULARLY SERIOUS OR GLARING."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal; probation; termination;
CONSIDERATION 5
Extract:
THE COMPLAINANT OBJECTS TO THE NON-RENEWAL OF HIS APPOINTMENT AFTER PROBATION. HE ALLEGES BREACH OF HIS RIGHT TO A HEARING. "THE PLEA IS UNSOUND BECAUSE THERE WAS NO ELEMENT OF DISCIPLINARY SANCTION IN THE DECISION. WHAT THE ADMINISTRATION DID WAS TO MAKE AN ASSESSMENT OF THE COMPLAINANT'S PERFORMANCE AND IT WAS UNDER NO DUTY TO ENTER INTO ANY DIALOGUE WITH HIM ON THE SUBJECT."
Keywords:
contract; fixed-term; non-renewal; organisation's duties; probation; right to reply; termination;
Judgment 1049
69th session, 1990
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
THE COMPLAINANTS, WHO APPLIED FOR A VACANT POST PUT UP FOR COMPETITION, WISH TO HAVE THE RESULTS SET ASIDE. THE TRIBUNAL IS SATISFIED ON THE EVIDENCE THAT THE SELECTION PROCEDURE SHOWS SEVERAL SERIOUS FLAWS, OF WHICH AT LEAST TWO ARE FATAL: IN BREACH OF MANUAL PROVISION II.3.340 NO SHORT-LIST HAD BEEN DRAWN UP AND THE DIRECTOR-GENERAL DREW HAD DRAWN MISTAKEN CONCLUSIONS FROM THE EVIDENCE BEFORE HIM IN DISMISSING THE APPEALS BOARDS' FINDINGS OF IMPROPRIETIES.
Reference(s)
Organization rules reference: WHO MANUAL PROVISION II.3.340
Keywords:
application for quashing; competition; complaint allowed; decision quashed; flaw; mistaken conclusion; procedural flaw; procedure; selection board;
SUMMARY
Extract:
THE COMPLAINANTS OBJECT TO THE RESULTS OF A COMPETITION CONCERNING A POST FOR WHICH THEY WERE CANDIDATES. THE TRIBUNAL INVITED THE OFFICIAL WHO WAS APPOINTED TO THE VACANCY TO SUBMIT A BRIEF ON THE MATTER.
Keywords:
application for quashing; co-defendant; competition;
Judgment 1045
69th session, 1990
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 3
Extract:
"RULE 1050.2 PROVIDES: 'WHEN A POST OF INDEFINITE DURATION, WHICH IS FILLED, IS ABOLISHED, A REDUCTION IN FORCE SHALL TAKE PLACE, IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE DIRECTOR' THE PROCEDURES ARE SET OUT IN DETAIL IN THE MANUAL OF THE WHO, AND IT IS CLEAR THAT THE RULES PRECLUDE THE TERMINATION OF AN APPOINTMENT UNTIL THE REDUCTION-IN-FORCE PROCEDURE HAS BEEN COMPLETED. THE NOTICE [GIVEN TO HER] WAS THEREFORE INVALID, AND IN KEEPING WITH THE REASONING IN JUDGMENT 469 THE COMPLAINANT'S CONTRACT IS RENEWED BY IMPLICATION AND REMAINS IN FORCE. SHE IS ENTITLED TO PAYMENT OF THE SALARY AND ALLOWANCES DUE UNDER HER CONTRACT LESS ANY INDEMNITY OF EARNINGS SHE MAY HAVE RECEIVED IN THE MEANTIME."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1050.2
ILOAT Judgment(s): 469
Keywords:
abolition of post; amount; complaint allowed; consequence; contract; damages; decision quashed; enforcement; extension; fixed-term; permanent; post; procedure; staff reduction; termination;
Judgment 1040
69th session, 1990
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 5
Extract:
"THE COMPLAINANT ALLEGES THAT THE ORGANIZATION MADE HIM A PROMISE OF TRAINING IN [WORD-PROCESSING]." FOR THE TRIBUNAL TO "ENFORCE A PROMISE BY AN INTERNATIONAL ORGANISATION TO ONE OF ITS EMPLOYEES", THE CONDITIONS THAT HAVE TO BE MET INCLUDE "THAT THE PROMISE SHOULD BE SUBSTANTIVE AND [...] THAT IT SHOULD HAVE COME FROM SOMEONE COMPETENT OR DEEMED COMPETENT TO MAKE IT." IN THE INSTANT CASE THE MAKING OF A SUBSTANTIVE PROMISE IS NOT PROVEN.
Keywords:
competence; condition; evidence; promise; training;
CONSIDERATION 3
Extract:
"PRECEDENT IS CLEAR: EVEN WHEN SOMEONE HAS JUST A TEMPORARY APPOINTMENT A DECISION NOT TO RENEW IT MUST BE TAKEN WHEN THE CONTRACT PERIOD IS EXPIRING; THE ADMINISTRATION'S DECISION NOT TO RENEW MUST BE NOTIFIED TO THE EMPLOYEE WITHIN THE PRESCRIBED TIME LIMIT; AND IF DUE NOTICE IS NOT GIVEN THERE WILL BE IMPLIED RENEWAL FOR A FURTHER PERIOD." THE COMPLAINANT GOT NOTICE FOUR DAYS TOO LATE AND THE TRIBUNAL HELD THAT THE EXTENSION OF HIS CONTRACT BY FIVE DAYS TO MAKE UP THE REQUIRED PERIOD OF NOTICE HAD NO EFFECT.
Keywords:
compensatory measure; complaint allowed; consequence; contract; decision quashed; effect; extension; non-renewal; notice; omission; organisation's duties; short-term;
Judgment 1038
69th session, 1990
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 4
Extract:
"THE DIRECTOR-GENERAL TOOK HIS DECISION [NOT TO RENEW THE COMPLAINANT'S CONTRACT] IN THE EXERCISE OF HIS DISCRETIONARY AUTHORITY. EVEN THOUGH COLLEAGUES OF THE COMPLAINANT'S THOUGHT HIM SUITABLE AND RECOMMENDED EXTENDING HIS APPOINTMENT, THE DECISION WAS NOT THEIRS TO MAKE."
Keywords:
competence; contract; discretion; executive head; fixed-term; non-renewal; qualifications; work appraisal;
Judgment 1037
69th session, 1990
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
AFTER HIS APPOINTMENT WAS EXTENDED SEVERAL TIMES AND HE RECEIVED FAVOURABLE STAFF REPORTS, THE COMPLAINANT WAS DENIED THE RENEWAL OF HIS APPOINTMENT. THAT DECISION WAS BASED ON A LACK OF LEADERSHIP QUALITIES, EVEN THOUGH THESE WERE NOT MENTIONED IN THE REQUIREMENTS SET OUT IN HIS JOB DESCRIPTION. AS THE DECISION MISTAKENLY TOOK ACCOUNT OF FACTS UNRELATED TO THE DUTIES ASSIGNED TO HIM, IT IS TAINTED BY A FATAL FLAW AND THE TRIBUNAL WILL SET IT ASIDE.
Keywords:
complaint allowed; contract; decision quashed; fixed-term; mistaken conclusion; non-renewal; post description; qualifications; work appraisal;
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