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Vacancy notice (304,-666)

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Keywords: Vacancy notice
Total judgments found: 42

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  • Judgment 4087


    127th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the validity of a competition procedure in which he took part and the lawfulness of the ensuing appointment.

    Considerations 4 & 6

    Extract:

    The Director General’s decision to dismiss the complainant’s appeal for lack of a cause of action was based on the fact that the complainant “did not meet the requirements of the post (in terms of the minimum number of years of extensive professional experience required)”.
    The Tribunal finds this reason to be well founded. [...]
    The Director General was therefore right to consider that the complainant did not meet the condition of minimum length of professional experience stipulated in the vacancy announcement. Therefore, even though he was admitted to the competition, through an error on the part of the Organization, the complainant was not, in fact, eligible for appointment to the post in question.

    Keywords:

    cause of action; selection procedure; vacancy notice;

    Consideration 7

    Extract:

    In accordance with the Tribunal’s well-established case law, an official has no cause of action to challenge the decision to appoint another official to a post if she or he is not eligible for appointment to that post (see, for example, Judgments 2832, consideration 8, and 3644, consideration 7). In view of the complainant’s lack of a cause of action, all other pleas that he raises against the impugned decision are of no avail. [...]

    Reference(s)

    ILOAT Judgment(s): 2832, 3644

    Keywords:

    cause of action; selection procedure; vacancy notice;



  • Judgment 3449


    119th Session, 2015
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal cancelled the disputed competitions because the ILO rendered the recruitments unlawful.

    Judgment keywords

    Keywords:

    cause of action of staff representative; competition; flaw; joinder; selection procedure; staff representative; vacancy notice;



  • Judgment 3191


    114th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants successfully challenge a recruitment procedure which they considered as flawed.

    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 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 to the rules; 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 2921


    109th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "In addition to the absence of a closing date, the vacancy notice contained no information regarding the main duties of the position, the required qualifications, or an invitation to interested applicants to apply. This is the same issue that arose in Judgment 2920 [...]. In that judgment, the Tribunal observed: 'The underlying rationale for the publication of the vacancy notice is to permit qualified staff members to make an informed decision as to whether they should submit an application to be considered for the vacant post and to foster a policy consistent with [...] the Service Regulations. Although there are no set content requirements for a vacancy notice, it cannot be said that the notice [...] in the present case provided even the minimum information that a staff member would require to reach an informed decision.' "

    Reference(s)

    ILOAT Judgment(s): 2920

    Keywords:

    formal requirements; organisation's duties; publication; staff member's interest; vacancy; vacancy notice;



  • Judgment 2920


    109th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The underlying rationale for the publication of the vacancy notice is to permit qualified staff members to make an informed decision as to whether they should submit an application to be considered for the vacant post and to foster a policy consistent with [...] the Service Regulations. Although there are no set content requirements for a vacancy notice, it cannot be said that the notice [...] in the present case provided even the minimum information that a staff member would require to reach an informed decision."

    Keywords:

    formal requirements; organisation's duties; publication; staff member's interest; vacancy; vacancy notice;



  • Judgment 2884


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 13, 16, 17 and 18

    Extract:

    "The complainant submits that the selection procedure was flawed. The failure to indicate in the vacancy notice that there would be an individual assessment performed by a consulting firm and the failure to include the particular management skills that would be assessed by the firm constitute, in her view, a violation of Articles 2 and 5 of Annex II to the Service Regulations. She adds that it follows from the flaws in the notice that there was a lack of information concerning the kinds of tests the competition would be based on, as required by Annex II."
    "The Tribunal considers that the Internal Appeals Committee erred in law in finding that the failure to indicate that an individual assessment would be performed by a third party in the vacancy notice did not constitute a breach of the applicable Service Regulations. In essence, the Committee found that, in view of the nature of the position being filled, the complainant's seniority and the widespread use being made of assessment centres, the complainant would have known that an assessment in such circumstances formed part of the selection procedure. The fundamental flaw in this reasoning is that these are irrelevant considerations in relation to the legal question as to whether the Service Regulations require the use of an assessment centre to be included in a vacancy notice."
    "Article 2 of Annex II to the Service Regulations requires that a notice of competition must specify, among other things, "the kind of competition (whether on the basis of either qualifications or tests, or of both qualifications and tests)" and "where the competition is on the basis of tests, what kind they will be and how they will be marked"."
    "As the individual assessment performed by the consulting firm was, at least in part, a testing mechanism, the failure to mention it in the vacancy notice constitutes a breach of Article 2 of Annex II."

    Keywords:

    breach; competition; complaint allowed; complaint allowed in part; flaw; organisation's duties; staff regulations and rules; vacancy notice;



  • Judgment 2833


    107th Session, 2009
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    In March 2006 the complainant, who had been assigned to Zimbabwe since 1996, applied for a transfer, in the same grade, to ILO headquarters in Geneva to occupy the advertised post of Senior Procurement Officer. His candidature was rejected because he failed to meet three of the core requirements listed in the vacancy notice. Circular No. 658, series 6, states that the Office should ensure, in particular, that 'priority for mobility is given to staff members who have completed their tours of duty', i.e. their assignment in a particular duty station.
    "It is not disputed that the complainant can avail himself of the mobility rules to return, as and when appropriate, to the Organization's headquarters. But that does not, of course, mean that he has a right to return to headquarters to take up a particular post without it being determined beforehand that the post to which he aspires corresponds to his skills."

    Reference(s)

    Organization rules reference: Circular No. 658, series 6

    Keywords:

    administrative instruction; competition; condition; criteria; duty station; field; grade; grounds; headquarters; organisation's duties; period; post; priority; qualifications; reassignment; refusal; request for transfer; right; same; vacancy notice; written rule;



  • 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 2569


    102nd Session, 2007
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The vacancy notice of the post the complainant applied for stipulated that nationals of all Member States of CERN - including Switzerland - could apply. She was selected for the post but was dismissed after CERN discovered that in her application form she had stated that she held Swiss nationality whereas she had not yet acquired it. "[W]hile it is true that the fact that the complainant was married to a Swiss national should in principle have enabled her to obtain Swiss nationality under the 'facilitated naturalisation' procedure, it is equally true that at the time she filled out her application form she did not hold Swiss nationality and had not even applied for it. [...] By making a false declaration, the complainant was guilty of misconduct which, when it came to light after her recruitment, was sufficient to invalidate her appointment and to justify the imposition of a disciplinary sanction on the grounds that she fell short of the standards of loyalty and integrity that the Organization is entitled to expect of its staff. Although the complainant maintains that by imposing the disputed sanction the defendant breached the
    terms of her appointment and the applicable provisions of CERN’s Staff Rules and Regulations, she does not
    substantiate those allegations in any way, nor does she identify any breach of the rules of procedure followed by
    the Organization. The complaint must therefore be dismissed."

    Keywords:

    appointment; candidate; competition; date; disciplinary measure; marital status; member state; misconduct; misrepresentation; nationality; organisation; post; reinstatement; safeguard; staff member's duties; termination; vacancy notice;



  • Judgment 2531


    101st Session, 2006
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9 and 10

    Extract:

    "A question remains as to whether the complainant was given sufficient notice of the Organization's intention not to renew his contract. Precedent has it that staff on short-term contracts are entitled, before any decision is taken not to extend or renew their appointment, to 'reasonable notice', particularly so that they may exercise their right to appeal and take whatever action may be necessary. It is true that in this case the short-term Staff Rules do not require any notice, except in the event of termination (when notice is limited to seven days), which does not apply in this case. Account should be taken, however, of the fact that the complainant was employed uninterruptedly by the Organization for more than three years. He was officially notified of the non-renewal of his contract - which until then had been regularly renewed - only by a letter he received on 28 January 2004, that is three days prior to the expiry of his last appointment. The defendant Organization suggests that he was well aware that his contract would not be renewed since he had been informed of that fact first unofficially and then officially on 16 January 2004. It even goes so far as to argue that the announcement of the competition for the complainant's post in the vacancy notice of 27 October 2003 constituted the 'reasonable notice' required by the case law and that, from that date onwards, the complainant knew full well that if he was not selected he would not continue working for the [Organization].

    The Tribunal considers that it was only through the non-renewal decision received on 28 January 2004 that the complainant was able to know for certain that he would be leaving the Organization and that he would not be offered any other employment, despite the fact that [...] he had performed many duties, starting in 1998. Thus the situation is not very different from that dealt with by the Tribunal in its Judgment 2104 [...] and it is worth noting that, in its attempt to reach a settlement, the Organization had offered to pay the complainant the equivalent of three months' salary, consisting of two months in lieu of reasonable notice and one month for moral injury. That proposal was reasonable and, in view of the long working relationship between the [Organization] and the complainant and the very brief time that elapsed between the notification of the non-renewal of the contract and the end of the complainant's appointment, the Tribunal will echo that proposal by ruling that the complainant shall be paid a sum equal to three months' salary and allowances."

    Reference(s)

    ILOAT Judgment(s): 2104

    Keywords:

    case law; competition; complaint allowed; complaint allowed in part; contract; decision; duty to inform; non-renewal of contract; notice; organisation's duties; right of appeal; seniority; separation from service; short-term; staff regulations and rules; vacancy notice;



  • Judgment 2515


    100th Session, 2006
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "The decision to advertise the complainant's post [...] was in substance a decision to dismiss him from that post. No reason was ever provided for that decision [...] In the circumstances, it must be concluded that the decision resulted from the management review [conducted by the Chief of the Personnel and Social Protection Department]. In this regard, it is necessary only to observe that that review involved a denial of due process in that the complainant was not told precisely who had criticised his performance or conduct, nor was he told exactly what they had said. Moreover, he was not given an opportunity to question them or to rebut what was put against him. The decision to dismiss him from his post thus involved a serious breach of the requirements of due process."

    Keywords:

    adversarial proceedings; breach; competition; complaint allowed; complaint allowed in part; contract; decision; due process; duty to inform; duty to substantiate decision; non-renewal of contract; organisation's duties; post; post held by complainant; right to reply; unsatisfactory service; vacancy notice;



  • Judgment 2427


    99th Session, 2005
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "[T]he vacancy notice stipulated: «Good knowledge of English or French; basic knowledge of the other language or an understanding to acquire it rapidly». The complainant denies that the importance of acquiring rapidly a basic knowledge of French was clearly explained to him, but his denial fails to take into account that even the vacancy notice was unambiguous in that regard. The Tribunal finds, from the evidence on file, that he was sufficiently warned, at the beginning of his probation period and later on, about the language requirements for his post. It is clear, and the complainant admits, that his knowledge of French did not improve enough to enable him to participate in meetings, right to the end of his probation period. That alone constitutes sufficient cause for his negative end-of-probation report. Such cause, and the resulting termination of his appointment, could not possibly have surprised him."

    Keywords:

    consequence; duty to inform; grounds; knowledge of languages; non-renewal of contract; organisation's duties; probation; probation report; staff member's duties; termination; vacancy notice;



  • Judgment 2362


    97th Session, 2004
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8 and 9

    Extract:

    The complainant's candidacy to a vacant post was rejected. "She states that her immediate supervisor [had] received a minute from HRD, instructing her that in preparing her shortlist of candidates, priority should be given to internal candidates, then to those persons who had been working for the Office for an extended period on what are regarded as 'precarious' conditions, such as herself, and lastly to other external candidates. She contends that, contrary to the instructions in the minute, her supervisor reviewed all the candidates in order to prepare her shortlist, disregarding those priorities, thus rendering the selection decision null and void. [The Tribunal considers that] what is important, however, is that the recruitment procedure in the Staff Regulations and the terms of the vacancy notice were complied with. The priorities for shortlisting candidates were merely indicated in a minute from HRD."

    Keywords:

    appointment; breach; candidate; competition; information note; internal candidate; priority; procedure; refusal; staff regulations and rules; submissions; supervisor; terms of appointment; vacancy; vacancy notice;



  • Judgment 2336


    97th Session, 2004
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "[T]he publication of the internal invitation for candidature presuppose[s] that the procedure for selecting candidates [...] be conducted in compliance with the general principles recalled in the case law and with rules established prior to the invitation for candidature and known to the candidates, such rules being designed to guarantee objectivity and transparency in order to ensure that all candidates stand the same chances."

    Keywords:

    case law; competition; complaint allowed; complaint allowed in part; duty to inform; equal treatment; general principle; internal candidate; internal competition; vacancy notice; written rule;



  • Judgment 2210


    94th Session, 2003
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Where a reserve recruitment list is resorted to, the vacant post is filled without applying the competition procedure provided for in the above-mentioned provisions. Staff members must be given the possibility of entering competitions on the basis of which reserve lists for filling 'similar' posts are to be established. That possibility is denied them if they do not know what is meant by 'similar' posts. [...] The broader the definition of 'similar', the greater the risk of such occurrences. The requirements of equal treatment, objectivity and transparency in appointment procedures place the [organisation] under an obligation to provide a clear and precise definition of the concept of a 'similar' post. [...] It is the responsibility of the [organisation] to specify, in notices of competition, the nature of the posts which can be considered to be 'similar' for the purposes of any subsequent use of a reserve list."

    Keywords:

    appointment; candidate; competition; complaint allowed; complaint allowed in part; definition; equal treatment; good faith; organisation's duties; right; same; vacancy; vacancy notice;



  • Judgment 2122


    93rd Session, 2002
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant submitted her candidacy for a post of legal assistant. Her application was not taken into consideration because she did not fulfil the eligibility conditions set out in the notice of competition. She submits that there is a contradiction between the provisions of Staff Regulation Article 30 and those of Rule of Application No. 2 which sets out conditions for eligibility. The Tribunal finds "no contradiction between the provisions of Staff Regulation Article 30 and those of Rule of Application No. 2. [...] Contrary to what the complainant appears to suggest, the fact that Article 30(1) of the Staff Regulations says that the 'selection of candidates shall be based on qualifications' does not preclude the setting of eligibility conditions. [...] The eligibility conditions provided for in Rule No. 2 offend against no provision of the Staff Regulations. [...] The complainant did not meet all the conditions set in the notice of competition, and the Agency was therefore right to reject her application."

    Reference(s)

    Organization rules reference: ARTICLE 30 OF THE STAFF REGULATIONS GOVERNING OFFICIALS OF THE AGENCY

    Keywords:

    appointment; breach; candidate; competition; complainant; condition; criteria; degree; difference; enforcement; grounds; post; provision; refusal; staff regulations and rules; vacancy notice;



  • Judgment 2116


    92nd Session, 2002
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The [organization] was cavalier in the way in which it informed [the complainant] of what was to become of the selection process. For the complainant it was particularly important that she be informed promptly whether she could expect to be appointed, so that she could start to look for another job if need be. She contends, and the [organization] does not demur, that she had the more reason to be optimistic as she had been told unofficially that of all the applicants, she stood the best chance of being appointed. In these circumstances, the [organization] ought to have [informed] her [...] that reclassification was a serious possibility for the post in question. But it did not [...] thereafter, when a decision was taken [...] to withdraw the vacancy announcement, the organization should have informed the candidates immediately. [...] The complainant was so informed in writing [...] nearly four months later. Even if [...] she was informed by telephone [...] written notification was nonetheless an obligation. The complainant's personal interests have undoubtedly been harmed and some redress for the material and moral injury she suffered is warranted [...]."

    Keywords:

    appointment; assignment; candidate; competition; competition cancelled; complaint allowed; complaint allowed in part; date of notification; delay; duty to inform; material damages; material injury; moral damages; moral injury; organisation's duties; post; post classification; procedure; staff member's interest; time limit; vacancy notice;



  • Judgment 2072


    91st Session, 2001
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant benefited from a voluntary separation programme that the organization had had to implement because of financial difficulties. He is challenging the refusal to consider his request for re-employment. "The organization cannot be taken to task for not considering him for [vacant] posts for which he had not applied, or for not offering him another [post] while it was still in financial straits."

    Keywords:

    agreed termination; budgetary reasons; competition; complaint allowed; complaint allowed in part; failure to answer claim; participation; post; refusal; reinstatement; request by a party; separation from service; vacancy; vacancy notice;



  • 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;

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Last updated: 19.09.2019 ^ top