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Vacancy notice (304,-666)

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Keywords: Vacancy notice
Total judgments found: 42

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  • Judgment 1698


    84th Session, 1998
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The Tribunal notes "that a vacancy notice [...] is necessarily a document whose validity is limited in time by the closing date of the particular competition which it announces. [...] The requirements of any post may of course change over time."

    Keywords:

    competition; condition; limits; vacancy; vacancy notice;



  • Judgment 1646


    83rd Session, 1997
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6 and 10

    Extract:

    "When an organisation chooses to hold a competition it must abide by its written rules and by the general principles set forth in the case law, particularly insofar as they govern the formal side of the process. [...] As the Appeal Board gathered from the personal records of the candidates on the preselection panel's list, [the successful candidate] had neither the university degree nor the experience that the notice required."

    Keywords:

    applicable law; appointment; candidate; case law; competition; complaint allowed; complaint allowed in part; criteria; decision quashed; degree; due process; international civil service principles; organisation's duties; patere legem; procedure; professional experience; staff regulations and rules; vacancy notice;

    Consideration 11

    Extract:

    "The defendant contends on the strength of the complainant's personal file and his supervisors' reports on his conduct and performance that he was not up to the job anyway. That is neither here nor there. The Union has neglected the cardinal rule of any process of selection: the chosen candidate must have at least the qualifications stipulated in the notice."

    Keywords:

    appointment; candidate; competition; complaint allowed; complaint allowed in part; criteria; decision quashed; due process; organisation's duties; personal file; procedure; qualifications; vacancy notice;



  • Judgment 1595


    82nd Session, 1997
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "Even if she were unqualified for the post the complainant would not forfeit her right to challenge the appointment."

    Keywords:

    cause of action; competition; complaint allowed; complaint allowed in part; condition; decision quashed; internal candidate; receivability of the complaint; vacancy notice;

    Consideration 10

    Extract:

    "Though the qualifications stated in a notice of vacancy are not absolutely binding and the Director General may still exercise some discretion, he may not so utterly discard them as to flout the rules that ensure the proper openness and objectivity of the competition."

    Keywords:

    appointment; competition; complaint allowed; complaint allowed in part; criteria; decision quashed; discretion; executive head; flaw; limits; vacancy notice;



  • Judgment 1549


    81st Session, 1996
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "Although an organisation [may consider] late applicants, it must, whenever a competition is required or desired, announce a new deadline in the same way as it did the vacancy. It will then commit no breach of equality and the competition will be seen as fair."

    Keywords:

    appointment; candidate; competition; complaint allowed; complaint allowed in part; delay; due process; equal treatment; internal candidate; new time limit; organisation's duties; receivability of the complaint; time limit; vacancy; vacancy notice;

    Consideration 6

    Extract:

    "An official of an international organisation who applies for a vacancy is entitled to have his application considered and assessed according to the set procedure once the organisation admits it under the terms of the vacancy notice. It may not deny that an applicant has a cause of action after it has appointed someone else, especially if the applicant is challenging the appointment on the grounds of breach of his rights in failure to apply the proper procedure".

    Keywords:

    appointment; candidate; case law; cause of action; competition; complaint allowed; complaint allowed in part; due process; internal candidate; organisation's duties; receivability of the complaint; staff regulations and rules; vacancy; vacancy notice;



  • Judgment 1527


    81st Session, 1996
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant is challenging the lawfulness of the appointment of another official, who was promoted without a competition to a post for which the complainant considered himself qualified. The Tribunal holds that the post should "have been properly advertised and a selection made by competition." Even though the other official "had been performing the duties for about a year on her own G.7 post of administrative assistant, she could have been appointed to the vacant post only after the prescribed procedure had been followed. the itu was not free to bypass the procedure by promoting her to P.3."

    Keywords:

    appointment; case sent back to organisation; competition; complaint allowed in part; decision quashed; flaw; procedural flaw; promotion; vacancy; vacancy notice;



  • Judgment 1497


    80th Session, 1996
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The conclusion [of the Tribunal] is that in appointing [the successful applicant] the Organization broke the basic rule of any process of selection that the successful applicant must have all the minimum qualifications required in the notice of vacancy."

    Keywords:

    appointment; candidate; competition; complaint allowed; condition; due process; qualifications; vacancy notice;



  • Judgment 1430


    79th Session, 1995
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    Since the complainant did not meet the requirements laid down in the vacancy notice, the decision not to select him "has caused him no injury".

    Keywords:

    cause of action; claim; competition; condition; lack of injury; receivability of the complaint; vacancy notice;



  • Judgment 1396


    78th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant objects to the grade she got when she took up her appointment. The Tribunal observes that the vacancy notice stated that the post could be filled at that grade. "She accepted the offer, before being actually appointed, both by her answer to [the organisation's offer] and by signing the letter of appointment. She thereby surrendered her right to challenge ex post facto any clause of the contract of service which she freely consented to and which was the prerequisite of her becoming a Eurocontrol official.

    Keywords:

    acceptance; appointment; competition; contract; grade; offer; vacancy notice;



  • Judgment 1386


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    The Tribunal holds that since the notice of vacancy "had to be in general enough terms to attract a wide variety of applicants it cannot be regarded as a specific enough job description to be of use to the official."

    Keywords:

    competition; complaint allowed; complaint allowed in part; decision quashed; post description; staff member's interest; vacancy notice;



  • Judgment 1383


    78th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "It is axiomatic that a candidate who does not fulfil the minimum requirements set out in a vacancy notice does not qualify for selection."

    Keywords:

    candidate; competition; condition; vacancy notice;

    Considerations 14 and 15

    Extract:

    The selection process for a vacancy that had been put up for competition was fatally flawed because the successful candidate did not meet the minimum requirements in the vacancy notice. The complainant "admits that she drafted the description to fit her own qualifications and experience [and that she was] endeavouring from the outset to pervert the process to secure her own appointment. [...] In the circumstances she is not entitled to any damages at all. [...] Accordingly, the Tribunal will [not] award the complainant damages for material or moral injury."

    Keywords:

    appointment; candidate; compensation; competition; complainant; flaw; good faith; material damages; moral damages; procedural flaw; refusal; right; vacancy notice;



  • Judgment 1359


    77th Session, 1994
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    One consistent requirement the regulations lay down for filling posts "is the appointment of a selection board that may consider all applicants [...] who qualify under one and the same notice of vacancy. As was said in Judgment 1223, that formal requirement affords every applicant a basic safeguard of open and objective decision-making, and it holds good whether the applicant wants promotion, transfer or a change of category."

    Reference(s)

    ILOAT Judgment(s): 1223

    Keywords:

    appointment; candidate; case law; competition; complaint allowed; complaint allowed in part; decision quashed; organisation's duties; procedure; promotion; safeguard; selection board; staff regulations and rules; transfer; vacancy notice;

    Consideration 7

    Extract:

    "The complainant qualified under the wording of the notice and was entitled as a eurocontrol official to have his application considered and assessed by a process that complied with the rules. [...] It was not, and the breach of his rightful interest affords grounds for this complaint."

    Keywords:

    candidate; cause of action; competition; complaint allowed; complaint allowed in part; decision quashed; internal candidate; procedural flaw; procedure; receivability of the complaint; staff member's interest; staff regulations and rules; vacancy notice;



  • Judgment 1357


    77th Session, 1994
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The organisation is free to withdraw a notice of vacancy at any time, even when, as in this case, the process of selection has gone quite far. The conclusion is that the complainant's internal appeal disclosed no cause of action at the time of filing and that his complaint must fail for the same reason, there being no need to entertain his arguments on the merits."

    Keywords:

    competition; discretion; internal appeal; no cause of action; organisation's interest; post; procedure; receivability of the complaint; vacancy notice;



  • Judgment 1331


    76th Session, 1994
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "On account of the undue delay in the selection process [i.e. some ten months between the issue of the vacancy notice and the meeting of the Selection Committee] the Tribunal awards the complainant damages for moral injury in a sum of 1,000 United States dollars."

    Keywords:

    administrative delay; competition; competition cancelled; complaint allowed; decision quashed; delay; due process; moral damages; moral injury; procedure; selection board; vacancy notice;



  • Judgment 1272


    75th Session, 1993
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    To apply rules that make the competence of a candidate and his prior service in the organisation paramount considerations in filling vacancies means "that at the very least the staff must be told of the vacancy or of the creation of a post and anyone who wants to apply must be allowed to do so and must have the application considered according to objective criteria."

    Keywords:

    appointment; candidate; complaint allowed; creation of post; decision quashed; duty to inform; organisation's duties; post; vacancy; vacancy notice;



  • Judgment 1223


    74th Session, 1993
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "True, a staff member may not assert any right to promotion and the choice of the successful applicant is at the discretion of the administration, which alone may appraise the organisation's interests. Yet the exercise of discretion is subject to restrictions in law and the Tribunal will to that extent review the decision: see for example Judgment 1016 [...]. So the staff member has undeniably the right to file an internal appeal or a complaint with the Tribunal if he believes that the appointment to a vacancy he has applied for is improper."

    Reference(s)

    ILOAT Judgment(s): 1016

    Keywords:

    appointment; candidate; case law; cause of action; competition; complaint; complaint allowed; complaint allowed in part; decision quashed; discretion; internal candidate; judicial review; limits; organisation's interest; promotion; receivability of the complaint; refusal; right; vacancy notice;

    Consideration 30

    Extract:

    The complainant, a Eurocontrol official, challenges the rejection of his application to a post of head of division and the appointment of an external candidate to that post. He alleges that the recruitment procedure was unlawful. "The Tribunal will not interfere in drafting a notice of vacancy or comparing candidates who respond to the notice. But for Eurocontrol to open a competition for serving officials and then change the terms of recruitment sub rosa so as to deny them any real chance of success was in breach of the duty of trust and fairness the organisation owes its staff."

    Reference(s)

    ILOAT Judgment(s): 1016

    Keywords:

    appointment; candidate; competition; complaint allowed; complaint allowed in part; decision quashed; discretion; due process; equal treatment; good faith; judicial review; organisation's duties; vacancy notice;



  • Judgment 1004


    68th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    The complainant's candidature in an internal competition was rejected on the grounds that he had not served the ILO for an unbroken period of two years. He submits that the Staff Regulations nowhere lay down such a condition. The plea fails. The two-year requirement was clear from the competition announcement; it also appears to have been a standard and long-standing condition for entering internal ILO competitions.

    Keywords:

    appointment; competition; condition; internal competition; no provision; practice; vacancy notice;



  • Judgment 729


    58th Session, 1986
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The principle of equality, which is binding on an international organisation even if it is not stated in the rules, requires that when a vacancy occurs all members of the staff should have the same opportunity of securing it. The organization is not of course bound to ensure that the notice of a vacancy should actually reach everyone. Its duty goes no further than to issue the notice by some suitable means and with suitable promptness."

    Keywords:

    competition; complaint allowed; duty to inform; equal treatment; organisation's duties; vacancy; vacancy notice;



  • Judgment 619


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

    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 to the rules; competition; judicial review; vacancy notice;



  • Judgment 564


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

    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 to the rules; competition; flaw; procedural flaw; vacancy notice;



  • 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;

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Last updated: 30.03.2020 ^ top