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Appointment

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Keywords: Appointment
Total judgments found: 539

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  • Judgment 724


    58th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "an official of an international organisation may find that his supervisors do not give him full credit for the talents he sees in himself and that he does not get the promotion he thinks he deserves. that will not as a rule entitle him to damages for moral injury."

    Keywords:

    damages; moral injury; qualifications; work appraisal; working relations;



  • Judgment 703


    57th Session, 1985
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "though a seconded official holds a fixed-term appointment his position is out of the ordinary. he cannot expect his contract to last more than two years unless the organisations decide differently. but on leaving the receiving organisation he goes back to the releasing one [...] it is therefore only reasonable that either organisation should have the right to end the secondment if it so wishes on the expiry of the prescribed period without having to explain its decision."

    Keywords:

    consequence; contract; discretion; duty to substantiate decision; fixed-term; non-renewal; organisation's duties; reinstatement; secondment;

    Consideration 7

    Extract:

    "the alleged promises were not in writing, the fao denies they were ever made and it is not proved that they were. besides, to be enforceable, they would have had to be agreed to by both organisations".

    Keywords:

    condition; contract; extension; fixed-term; non-renewal; promise; secondment;



  • Judgment 687


    57th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "although the tribunal may review the lawfulness of the dismissal, the nature of the decision is such that its power of review, where it finds no formal or procedural flaw, is limited. it will set the decision aside only if there was a mistake of law [etc]... in a case of dismissal of a probationer the administration should be allowed the widest measure of authority, and the decision will be quashed only if the mistake or the illegality is especially serious or glaring."

    Keywords:

    discretion; judicial review; probation; termination;

    Consideration 9

    Extract:

    the complainant was dismissed for reasons of unsatisfactory performance after a six-month extended period of probation even though his work showed improvement during the extension. it does not "matter that the complainant experienced difficulties in the first year of probation. in agreeing to extend the probation the president acknowledged that there might be improvement, and indeed there was. it was a serious abuse of discretion for him to overlook those facts unless the dossier contains evidence produced after the end of the normal probation period."

    Keywords:

    appraisal of facts; complaint allowed; decision quashed; disregard of essential fact; extension; probation; satisfactory service; termination; unsatisfactory service;

    Summary

    Extract:

    although the complainant's performance showed improvement by the end of an extended period of probation, the organisation dismissed him. the tribunal holds that the extension of probation gave him reason to believe that if his work was found satisfactory he would get appointed. the president drew clearly mistaken conclusions from the evidence. his decision is set aside and the complainant is referred back to the organisation for determination of his rights on reinstatement in its employ as from the date of his dismissal.

    Keywords:

    case sent back to organisation; confirmation of appointment; decision quashed; extension; legitimate expectation; mistaken conclusion; probation; reconstruction of career; reinstatement; satisfactory service; termination;

    Consideration 1

    Extract:

    "implicit in [article 13 of the epo service regulations] and in the general principles which govern the international civil service is the notion that the purpose of probation is to find out whether the official is capable of a satisfactory career in the organisation. the competent authority will determine on the evidence before it, and possibly after extension of the probation, whether to dismiss the official or to confirm his appointment."

    Reference(s)

    Organization rules reference: ARTICLE 13 EPO SERVICE REGULATIONS

    Keywords:

    international civil service principles; probation; purpose; qualifications; staff regulations and rules;



  • Judgment 670


    56th Session, 1985
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the selection committee recommended appointment of the complainant. the selection procedure was declared void by the director and a new selection procedure initiated. there is not sufficient evidence of the director having acted out of personal animosity against the complainant. there is evidence that he allowed certain criteria to take on exaggerated importance and he misunderstood the role of the selection committee. when setting the amount of compensation, it should be noted that this is the second time the director has flaunted a recommendation favouring the complainant.

    Keywords:

    appointment; competition; competition cancelled; complaint allowed; decision quashed; recommendation; selection board;



  • Judgment 664


    56th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    the complainant, who was the victim of an accident, took up duty after the date originally agreed upon. the date on which she took up duty was set as her date of appointment. the delay in her recruitment did not lead to novation of the whole contract. only one of the terms of the contract was altered. the others remained in force and were applied in full. the suspension of the contract did not lead to its annulation. if it had, the organisation might have refused to appoint the complainant when she became fit to start work. "yet that would have been neither fair nor reasonable."

    Keywords:

    accident; amendment; appointment; contract; date; elements;

    Consideration 2

    Extract:

    the service regulations provide for the date on which an appointment takes effect not to be prior to the date on which the official takes up his duties except in case of force majeure. this is "a corollary of the general rule that a unilateral act may not be retroactive." the organisation held "the belief that one term of the contract which governed relations between the two sides had proved unenforceable because of an incident beyond its control." the complainant, who had been injured in an accident, was not fit to report for duty on the date she was due to start; there was not force majeure.

    Keywords:

    accident; appointment; contract; date; exception; force majeure;



  • Judgment 657


    55th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    the wording of the relevant guidelines "is such that they cannot be treated as a mere statement of policy: they set objective criteria for dealing with individual cases."

    Keywords:

    administrative instruction; appointment; binding character; criteria; general decision; grade; promotion; step;

    Consideration 6

    Extract:

    the job descriptions require five years' experience for promotion. it is clear from the guidelines that is a minimum requirement. "the president therefore acted correctly, when he came to apply the provisions on the minimum requirements, in adopting a requirement of eight years' experience for both recruitment and promotion [...] a requirement of eight years' experience is compatible with the rules."

    Keywords:

    appointment; condition; post description; professional experience; promotion;



  • Judgment 651


    55th Session, 1985
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    the complainant maintains that the organization denied him the priority he was entitled to under the reduction-in-force procedure in the staff rules. he refers to the existence of five posts, "but he fails to establish that he was qualified for any of them or better qualified than the incumbents. in other words, he has not shown that the conditions for granting him the priority he claims were fulfilled."

    Keywords:

    abolition of post; condition; priority; qualifications; reassignment; termination; vacancy;



  • Judgment 648


    55th Session, 1985
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    it is proper for an organization to wish to have full information on candidates in order to secure staff of sound technical competence and high moral integrity. "whether the candidate qualifies is a matter which the executive head must be left to determine at his discretion, and the tribunal will not review the exercise of such discretion."

    Keywords:

    appointment; condition; discretion; fitness for international civil service; judicial review; qualifications;

    Consideration 4

    Extract:

    before formally offering the candidate an appointment, the organization will ask for information from his employer and other suitable referees. "the tribunal sees nothing untoward in taking account of such information in recruiting an international civil servant, the practice deriving from a reasonable desire to have full information on candidates and secure staff of sound technical competence and high moral integrity."

    Keywords:

    appointment; condition; evidence; offer; qualifications;



  • Judgment 636


    54th Session, 1984
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    the appeal is against a decision to fill a post for which the complainant had been rejected four months before. as such the appeal is unarguable unless it can be shown that the two events are linked. the complainant must show that the true reason for his rejection [...] was not his lack of qualification but was an abuse of power, being wrongly motivated by the intention to secure the appointment of [another official] in the following months. the evidence tendered [...] falls far short of this."

    Keywords:

    appointment; candidate; competition; lack of evidence; misuse of authority; vacancy;



  • Judgment 635


    54th Session, 1984
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    the organization accuses the complainant of gross breach of her duty of discretion. the tribunal finds that the decision to dismiss her was based on facts which were not sufficiently established. "dismissal is too drastic a measure for the staff member not to have the benefit of the doubt. the decision being quashed, the complainant is entitled to straightforward reinstatement since the tribunal sees no reason to award her damages in lieu. since she seeks damages only if not reinstated the tribunal need not rule on this claim."

    Keywords:

    benefit of doubt; complaint allowed; decision quashed; disciplinary measure; misconduct; proportionality; reinstatement; serious misconduct; termination;



  • Judgment 631


    54th Session, 1984
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 27

    Extract:

    the staff rule on reduction in grade is applicable: it is not concerned with the personal grade of the staff member but with the grade of the post. "the tribunal agrees that the decision was in substance a demotion. this follows almost automatically from the fact that it was a transfer from a p.6 to a p.5 post with lower responsibility. [...] to be diminished in responsibility and effectiveness can be just as hurtful as to be lowered in grade."

    Keywords:

    assignment; downgrading; grade; post; transfer;

    Consideration 28

    Extract:

    the complainant retains his p.6 grade on a personal basis, but is transferred, without reasons having been given, to a p.5 post. the tribunal regards this as downgrading of function. "there is [...] much to be said for the argument that, whether or not there is a specific provision in the staff rules, as a matter of contractual obligation the administration ought not to take a decision injuriously affecting a staff member's career without first, as a matter of natural justice, giving him the reasons for the decision and getting his response."

    Keywords:

    downgrading; duty to substantiate decision; grade; organisation's duties; post; professional injury; transfer;



  • Judgment 630


    54th Session, 1984
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    all staff members should hold a post and perform the duties pertaining thereto. this "principle will not in practice have the effect of impairing the legitimate authority of the head of branch. work requirements will determine how staff are to be assigned, and the result may be that a staff member has some of his duties taken away from him or is set to work that does not quite match his inclinations or even his talents. the supervisor is also entitled to propose that a staff member be moved [...] but so long as the staff member remains in a particular branch the head must see to it that he is given real work."

    Keywords:

    assignment; complaint allowed; complaint allowed in part; international civil servant; organisation's duties; organisation's interest; post; qualifications; refusal to assign work; request; right; staff member's duties; supervisor; transfer;

    Consideration 3

    Extract:

    "the complainant argues that the unfair treatment lies in her being kept idle for so long. accordingly the time limit for filing an appeal did not begin on the date on which her supervisor decided, while keeping her on her post, to give her no more work: the injury occurred only with the passage of time. thus, although it was only after being kept idle for a considerable lapse of time that the complainant appealed to the director-general, and then to the tribunal, for compensation for the injury she alleged, her claims are not time-barred and her complaint is receivable."

    Keywords:

    compensation; complaint; complaint allowed; complaint allowed in part; date; executive head; iloat; injury; internal appeal; period; post; receivability; refusal to assign work; request; start of time limit; supervisor; time bar;



  • Judgment 619


    53rd Session, 1984
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "the tribunal is not competent to compare the candidates' merits; it will merely determine whether there was any prejudice in the impugned decision. there is no reason to suppose that in preferring [mrs. x] the fao was actuated by any considerations other than merit. indeed its impartiality is borne out by the fact that [...] the majority of the selection board were in favour of the successful candidate."

    Keywords:

    appointment; bias; candidate; co-defendant; competition; judicial review; other; vacancy;

    Consideration 4

    Extract:

    none of the three candidates met all the requirements. the organization cancelled the competition and delayed making an appointment for the vacant position. the provision on which the complainant relies "is not supposed to require [the organization] to choose someone, even if he has the best qualifications, who is still not qualified for the job and it was no breach of [the material rule] not to appoint any of them."

    Keywords:

    candidate; competition; competition cancelled; discretion; qualifications;

    Considerations 6 and 7

    Extract:

    when a second competition for the post was announced, the qualifications previously sought had been altered in several respects in the new vacancy notice. "the [organization's] approach would be open to criticism only if the requirements in the second announcement fell short of what might ordinarily be expected of the holder of the post."

    Keywords:

    amendment; competition; judicial review; vacancy notice;



  • Judgment 618


    53rd Session, 1984
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    according to article 15(1) of annex i to the eurocontrol convention "the agency may resort to direct recruitment only if the states parties are unable to provide the services of qualified staff." the complainant ranked third on a short-list of candidates to fill a staff vacancy. after the highest- ranked candidate withdrew, eurocontrol offered the position to the candidate in second place, an official employed in the belgian ministry of communications. the offer was addressed to the ministry. in the absence of a reply the agency withdrew the offer. only then did it learn from the minister that its offer had just been sent on to the official concerned. the agency then went back on its decision to withdraw the offer and appointed the candidate from the ministry (the co- defendant). the tribunal holds that the procedure does not show any defect in law and that by withdrawing the offer it first made the agency cannot be deemed to have conferred any right on the complainant.

    Reference(s)

    Organization rules reference: ARTICLE 15(1) OF ANNEX I TO THE EUROCONTROL CONVENTION

    Keywords:

    appointment; candidate; co-defendant; competition; member state; other; vacancy; withdrawal of decision;



  • Judgment 613


    53rd Session, 1984
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant, a citizen of the united states on a visit to alexandria, was granted a short-term appointment. that appointment, on the basis of local recruitment, was extended several times. he was then given a fixed-term appointment on the basis of local recruitment. the tribunal observes that this last contract converted the earlier ones; by signing the contract without making any objection, the complainant accepted his local-recruitment status. the request for non-local status is dismissed.

    Keywords:

    acceptance; appointment; contract; local status; non-local status; short-term; terms of appointment; waiver of right of appeal;



  • 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;

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