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Appointment

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Keywords: Appointment
Total judgments found: 524

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  • Judgment 607


    52nd Session, 1984
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    a memorandum from the director-general sets the conditions for renewal a fixed-term contract on the grounds of illness. "the memorandum is [...] material evidence, even though it is not part of the staff regulations, and the tribunal will hold that director-general overlooked essential facts if he refused renewal despite the complainant's fulfilling the conditions set in the memorandum."

    Keywords:

    administrative instruction; contract; disregard of essential fact; enforcement; extension; organisation's duties; sick leave;

    Consideration 23

    Extract:

    the decision to refuse sick leave [by renewing a fixed-term contract] is quashed. "the tribunal takes the view that pay for the period of sick leave will adequately compensate the complainant for the injury caused by the [organization's] unlawful decision, and there should be no further damages."

    Keywords:

    case sent back to organisation; complaint allowed; contract; decision quashed; extension; fixed-term; non-renewal; refusal; sick leave;



  • Judgment 592


    51st Session, 1983
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    the complainant was appointed for a fixed term. "it is immaterial that he received assurances about the possibility of confirmation, that he holds a permanent post. that his predecessor had a permanent appointment and that other staff members have been granted permanent appointments after fixed-term ones. none of these facts warrants the grant of the permanent appointment. in particular there is no provision in the staff regulations and staff rules which says that the incumbent of a permanent post should perforce have a permanent appointment."

    Keywords:

    amendment; contract; duration of appointment; fixed-term; non-renewal; permanent; post; right;

    Summary

    Extract:

    the organisation argues that by accepting the final extension of his appointment, the complainant waived his right to appeal and the complaint is irreceivable because it is in breach of the principles of good faith and estoppel. the tribunal holds that waiver of a right to bring action may not be presumed; waiver is binding only if it is express or clearly implied on the facts. mere acceptance of a decision giving him partial satisfaction does not necessarily denote waiver of the claims which had not yet been met.

    Keywords:

    acceptance; complainant; condition; contract; extension; good faith; waiver of right of appeal;



  • Judgment 584


    51st Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    the paho contends that because the complainant did not hold a post of indefinite duration, rule 1050.2 does not apply to him. the tribunal finds that rule 1050.2 applies for reasons set out in judgment 581 (judgment 581 refers to the reasoning and conclusions in judgment 470 concerning the applicability of the same rule).

    Reference(s)

    Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
    ILOAT Judgment(s): 470, 581

    Keywords:

    abolition of post; applicable law; contract; fixed-term; permanent; post; termination;



  • Judgment 583


    51st Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    vide judgment 584, consideration 3.

    Reference(s)

    Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
    ILOAT Judgment(s): 470, 581, 584

    Keywords:

    abolition of post; applicable law; contract; fixed-term; permanent; post; termination;



  • Judgment 582


    51st Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    vide judgment 584, consideration 3.

    Reference(s)

    Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
    ILOAT Judgment(s): 470, 581, 584

    Keywords:

    abolition of post; applicable law; contract; fixed-term; permanent; post; termination;



  • Judgment 581


    51st Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "in [judgment 470] the tribunal considered the applicability of [a rule] to a staff member whose fixed-term appointment had been regularly extended and held that [the rule] applied in such a case. [...] in the instant case, as in perrone, the complainant was the holder of a post of indefinite duration. the tribunal sees no reason to differ from the conclusion reached in perrone or the reasoning on which that conclusion was based." the article applies in the instant case.

    Reference(s)

    Organization rules reference: ARTICLE 1050.2 PAHO STAFF RULES
    ILOAT Judgment(s): 470

    Keywords:

    abolition of post; applicable law; contract; fixed-term; permanent; post; termination;



  • Judgment 580


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "the [organisation] contends that the complainant has no cause of action. [it pleads] that the impugned decision does him no injury. it is clear, however, that in the circumstances the complainant has an interest, of a kind which the tribunal will protect, in pleading any irregularity there may have been in the [...] candidacy" to the post of director-general [the complainant was deprived of an opportunity to stand; if he had been able to stand, his chances of being elected would have been diminished with the candidacy in question].

    Keywords:

    candidate; cause of action; executive head; injury;

    Consideration 3

    Extract:

    the complainant pleads against the admissibility of the candidacy on the grounds that the age-limit was not observed. "this plea is not a matter of policy and it is one which the tribunal will entertain in exercise of its power of review. for that reason it need not determine whether, being a so-called 'policy' decision, the actual choice of a candidate is a matter outside its competence."

    Reference(s)

    ILOAT reference: ARTICLE 11.3 DU STATUT DU PERSONNEL DU BIT

    Keywords:

    age limit; candidate; competence of tribunal; executive head; judicial review;

    Consideration 8

    Extract:

    the complainant, an international civil servant, challenged a candidacy to the post of director-general. the organisation pleads that "if the complainant had a cause of action, he would have an unfair advantage over candidates who, not being members of the ilo staff, do not have access to the tribunal. but the alleged breach of equality is a corollary of the provision in the statute which determines the conditions of access to the tribunal, and the tribunal may not review the lawfulness of that provision. the plea fails."

    Keywords:

    candidate; co-defendant; equal treatment; executive head; international civil servant; locus standi;



  • Judgment 577


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "the decision not to renew the complainant's contract was taken in the framework of economy measures requiring the abolition of certain posts. the complainant was not qualified to hold any of the vacant posts available [...] and his linguistic skills were insufficient to [permit] alternative employment [to be obtained] for him. his allegation of discrimination is, in the circumstances, unfounded."

    Keywords:

    abolition of post; budgetary reasons; condition; contract; fixed-term; non-renewal; qualifications; reassignment;



  • Judgment 568


    51st Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    when the organisation [epo] was created, it had to recruit a large staff; "when fixing the initial grade, [it had] to take into account experience gained, first in patent offices and, second, in industry generally. [...] the organisation distinguishes between the first and second categories. [...] in the opinion of the tribunal the distinction is not unreal and the complainant has not shown any breach of [the principle of equality of treatment]."

    Keywords:

    appointment; difference; equal treatment; grade; professional experience;



  • Judgment 564


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    the board, made up of four staff members, included the chief of the bureau in which the vacancy was to be filled. "its composition was in line with the [...] rules on open competitions and was therefore correct in this instance since applications were invited [...] from outside candidates. [...] the elimination of all outside candidates in the course of the selection procedure did not change the competition into an internal one."

    Keywords:

    competition; composition; open competition; selection board;

    Consideration 7

    Extract:

    the complainant objects that having only one candidate take the written test was a ruse. "the fact that two of those invited to take the test decided not to do so does not mean that the third was unduly favoured."

    Keywords:

    bias; candidate; competition;

    Consideration 3

    Extract:

    endorsing the result of a competition held to fill a new post is a discretionary decision and is subject only to limited review by the tribunal. "in this instance the tribunal will exercise its power with especial caution, its function being not to judge the candidates on merit but to allow the selection board and the director-general full responsibility for their choice."

    Keywords:

    appointment; candidate; competition; discretion; judicial review;

    Consideration 5

    Extract:

    "the rules on competitions were revised in 1981. the new rules provided for setting up a selection board, and its members were appointed later. the competition of which the complainant is challenging the outcome opened in june 1981 and it was decided to apply the old rules. his objections to that decision are unsound; there was no error of law and, because of the delay in appointing the members of the selection board, its effect appears to have been to speed up the competition procedure."

    Keywords:

    amendment; applicable law; competition; provision; staff regulations and rules;

    Consideration 4

    Extract:

    the original announcement of the vacancy said that the incumbent would join a team which was to prepare a 'report on world employment. a revised version, in keeping with the french text and the organisation's intention, replaced the words with 'world labour report'. "it is obvious that the change had no effect on the competition procedure, and it is not a procedural defect impairing the validity of the impugned decision."

    Keywords:

    amendment; competition; flaw; procedural flaw; vacancy notice;

    Consideration 8

    Extract:

    the complainant was not appointed to a post for which he had applied. "the tribunal will not declare whether the complainant was fit to hold the post. it merely observes that his possession of the qualifications he mentions does not mean that he was necessarily the right person for the vacancy."

    Keywords:

    appointment; candidate; competition; judicial review; qualifications; seniority; vacancy;

    Consideration 2

    Extract:

    the complainant asks the tribunal to declare null and void the result of the competition and to award him compensation for material and moral prejudice [for having been eliminated from the competition]. these claims "come within the tribunal's competence as defined in article ii of its statute and are therefore receivable."

    Reference(s)

    ILOAT reference: ARTICLE II OF THE ILOAT STATUTE

    Keywords:

    application for quashing; competence of tribunal; competition; injury; receivability;



  • Judgment 556


    50th Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    the complainant is not entitled to consult any record of discussion by the selection board. "members of selection boards would not feel free to discuss candidates independently in future if they were at risk of having their personal views divulged."

    Keywords:

    competition; complaint allowed in part; confidential evidence; disclosure of evidence; interlocutory order; order; report; request; selection board;



  • Judgment 551


    50th Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "although international organisations may determine quotas for recruitment for the purpose of preserving or developing the international character of the staff, officials are normally entitled to objective treatment after they have taken up duty. this is a general rule. if in any particular case it can be shown that a scheme for determining quotas on recruitment would not work satisfactorily unless it was extended in a limited way to subsequent promotion, an exception may be justified."

    Keywords:

    appointment; equal treatment; geographical distribution; nationality; promotion;



  • Judgment 549


    50th Session, 1983
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "the ending of the work on which an officer is engaged is not in all circumstances a conclusive justification of non-renewal; the possibility of using his services in other ways is also a factor to be considered. in the present case, however, the organization rightly contends that the complainant's qualifications as an analyst programmer were so specialised as to make it useless to consider posts in other departments."

    Keywords:

    contract; fixed-term; non-renewal; qualifications;



  • Judgment 545


    50th Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    on taking up duty, the complainant knew that he would be in grade 4, which he would hold until reaching the age of 30, even though his post was normally graded b.5. by accepting the appointment and unconditionally starting work, he clearly indicated his acceptance of the terms of appointment as offered. to apply some few months later for review of the terms of appointment was to go against the organisation's "reasonable expectation and to act in breach of the principle of good faith, and his application was correctly rejected for that reason."

    Keywords:

    acceptance; appointment; good faith; grade; terms of appointment;



  • Judgment 543


    50th Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    following two previous judgments [nos. 375 and 392], "the complainant [found herself] in the position of a person holding an appointment without a post. she was therefore entitled to demand to be assigned to a suitable post and put back on the payroll. this would not exclude a fresh assignment to brasilia, the tribunal having in judgment no. 375 rejected the complainant's objections to that post. whether or not the incumbent in brasilia was there on a temporary basis, it was open to the director to create a vacancy there and assign the complainant to it. however, the complainant did not take the initiative in this respect."

    Reference(s)

    ILOAT Judgment(s): 375, 392

    Keywords:

    assignment; complainant; discretion; execution; judgment; refusal; reinstatement;

    Consideration 9

    Extract:

    "there is an allegation of bad faith based on the fact that the organization did nothing to facilitate the complainant's return to it. the allegation fails. in view of the complainant's attitude the only way in which the organization could have facilitated her return would have been by conceding to her the right to veto the place of work assigned to her. to refuse to make such a concession is not bad faith."

    Keywords:

    assignment; execution; good faith; judgment; organisation; reinstatement;



  • Judgment 541


    49th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    when rendering his opinion, the organization's doctor took insufficient account of essential facts. "the complainant is therefore entitled to relief. the relief can take the form of re-instatement, which is one of the remedies sought by the complainant, or the payment of compensation, which is an alternative remedy sought. in the circumstances of this case, the latter solution appears more desirable..."

    Keywords:

    damages; health reasons; reinstatement; subsidiary; termination;



  • Judgment 535


    49th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5, 6 and 7

    Extract:

    there would be abuse of authority if the grounds alleged by the organization to justify the appointment were a pretext; if the organization had appointed an official obviously less well qualified than the complainant; if the organization had shown favouritism to the appointed official at the expense of other candidates. no such charges are borne out by the evidence.

    Keywords:

    appointment; candidate; judicial review; misuse of authority; vacancy;

    Considerations 1 and 3

    Extract:

    a staff rule stipulates that "the general method of filling vacancies is to hold a competition, and reassignment without promotion in the interest of the[organization] is an exception. [...] whether a post should, in the interest of the bureau be filled without holding a competition is a matter of discretion".

    Keywords:

    competition; discretion; exception; organisation's duties; organisation's interest; transfer; vacancy;



  • Judgment 528


    49th Session, 1982
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "it is for the employer to make proper arrangements for a comprehensive check-up of the applicant for employment. to expect him to prove that he is in perfect health would be to require him to disprove the existence of any impairment, and that is simply not feasible. [...] the burden is [however] on [the complainant] to satisfy the tribunal with positive proof, that his impairment was service-incurred."

    Keywords:

    appointment; burden of proof; complainant; illness; medical examination; medical fitness; organisation; service-incurred;



  • Judgment 527


    49th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "the newly-created post for which the complainant applied was abolished. it cannot be suggested that the decision to abolish the post was ultra vires or otherwise improper. it would follow that the complainant is not entitled to compensation for non-selection."

    Keywords:

    abolition of post; candidate; competition; competition cancelled; vacancy;



  • Judgment 524


    49th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "it is unnecessary for the tribunal, in settling this case, to determine whether the definition of its competence in its statute enables it to set aside a decision which is general in character or effect. even if the tribunal declares itself competent to set aside an announcement of a vacancy, it will in this particular instance reject the complainant's claim."

    Keywords:

    application for quashing; competence of tribunal; competition; vacancy notice;

    Considerations

    Extract:

    "[it is not] in breach of the principle of equality of treatment to demand any particular language qualifications or specialised knowledge for a vacancy. the principle requires equal treatment and absence of discrimination only where the circumstances are similar. where the very nature of the post to be filled makes special qualifications necessary, it is reasonable and right for the organisation to require that candidates possess them."

    Keywords:

    appointment; competition; condition; equal treatment; judicial review; knowledge of languages; qualifications; vacancy;

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Last updated: 15.07.2014 ^ top