Post (306,-666)
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Keywords: Post
Total judgments found: 100
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Judgment 1193
73rd Session, 1992
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6 to 12
Extract:
Under PAHO Staff Rule 1040 a career appointment can only be terminated after completion of the reduction-in-force procedure. The complainant submits that the notice of termination he got was premature inasmuch as the PAHO had not properly applied the reduction-in-force procedure. The Tribunal observes that "the Organization made no genuine effort to carry out the procedure properly and thereby to give the complainant the protection of the Staff Rules he was entitled to under the provisions on abolition of post." The Tribunal holds that "where a post is abolished compliance with the reduction-in-force procedure is a condition precedent to termination of the holder's appointment. Not being the outcome of a valid procedure, the notice of termination given to the complainant [...] was also invalid."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1040
Keywords:
abolition of post; due process; notice; post; procedure before the tribunal; staff reduction; staff regulations and rules; termination of employment;
Judgment 1183
73rd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The purpose of probation is to find out whether a probationer has the mettle to make a satisfactory career in the organization. The competent authority will determine [...] whether or not to confirm the appointment and must be allowed the utmost measure of discretion in deciding whether someone [...] shows, not just the professional qualifications, but also the personal attributes for the particular post in which he is to be working. Only where the Tribunal finds the most serious or glaring flaw in the exercise of the Director-General's discretion will it interfere."
Keywords:
career; discretion; flaw; judicial review; post; probationary period; purpose; qualifications;
Judgment 1162
72nd Session, 1992
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant wants the Tribunal to order her assignment to a stable post in line with her qualifications. "The Tribunal is satisfied [...] that the organization has made a serious effort to give the complainant a more stable position - indeed it has created the post especially for her - and has taken due account of her qualifications, experience and grade. Since she has therefore obtained satisfaction, she shows no cause of action".
Keywords:
assignment; organisation's duties; post; qualifications; request for transfer; transfer;
Judgment 1161
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The Organisation tried to find him a suitable post in another department. That it failed to do so is immaterial, however, since he had no right whatever to transfer under the Service Regulations."
Keywords:
organisation's duties; post; request for transfer; right; staff regulations and rules; transfer;
Judgment 1152
72nd Session, 1992
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"As [the Tribunal] has said many times, grading requires close familiarity with the conditions in which the staff member works. [...] The decision is, in other words, a discretionary one. [...] Consistent precedent has it that the Tribunal will not substitute its own assessment or direct that a new one be made unless it is satisfied on the evidence that there is a fatal flaw".
Keywords:
discretion; judicial review; limits; post; post classification;
Judgment 1045
69th Session, 1990
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Rule 1050.2 provides: 'When a post of indefinite duration, which is filled, is abolished, a reduction in force shall take place, in accordance with procedures established by the Director'. The procedures are set out in detail in the Manual of the WHO, and it is clear that the rules preclude the termination of an appointment until the reduction-in-force procedure has been completed. The notice [given to her] was therefore invalid, and in keeping with the reasoning in Judgment 469 the complainant's contract is renewed by implication and remains in force. She is entitled to payment of the salary and allowances due under her contract less any indemnity of earnings she may have received in the meantime."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1050.2
ILOAT Judgment(s): 469
Keywords:
abolition of post; amount; consequence; contract; enforcement; extension of contract; fixed-term; material damages; permanent appointment; post; procedure before the tribunal; staff reduction; termination of employment;
Judgment 1035
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's permanent post was abolished and he was appointed to a temporary one for a period of two years. Any post, whatever its duration or source of funding, may be abolished because of a change of programme. Besides, the organisation had assured him that his post description, status and conditions of service would be the same as before. Under the circumstances the Tribunal finds that the decision has neither infringed his contractual rights nor otherwise affected him adversely.
Keywords:
abolition of post; budgetary reasons; contract; fixed-term; lack of injury; permanent appointment; post; terms of appointment; transfer;
Judgment 1018
69th Session, 1990
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant objects to being transferred and argues that his new work is only temporary and that his position is precarious. "The argument is unfounded. The complainant's transfer did not reduce his salary or change the nature of his employment. His new duties were classified at P.2. He was transferred not to a temporary post but with his own permanent post. When his new duties have been fully accomplished, he will still retain his permanent appointment and all the rights that go with it."
Keywords:
assignment; permanent appointment; post; short-term; transfer;
Judgment 974
66th Session, 1989
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In the absence of a specific provision in the Rules, the Tribunal holds that, for the reasons it stated in Judgments 470 [...] and 891 [...], the right to the application of the reduction-in-force procedure arises on the abolition of a post of indefinite duration even though the official may have only a fixed-term appointment."
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
ILOAT Judgment(s): 470, 891
Keywords:
abolition of post; contract; duration of appointment; fixed-term; no provision; non-renewal of contract; permanent appointment; post; procedure before the tribunal; right; staff reduction;
Judgment 891
64th Session, 1988
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"In the absence of a definition in the Rules the post, though it began as a post of limited duration, became one of indefinite duration when prolonged after the period for which it had been created."
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF WHO STAFF RULES
Keywords:
consequence; contract; definition; duration of appointment; extension of contract; fixed-term; no provision; permanent appointment; post; successive contracts;
Summary
Extract:
The complainant's post was abolished. The Tribunal held that, though given a limited-duration contract, the complainant held a post of indefinite duration which entitled him, under the material rules, to application of the reduction-in-force procedure.
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF WHO STAFF RULES
Keywords:
abolition of post; applicable law; contract; fixed-term; permanent appointment; post; procedure before the tribunal; right; staff reduction; termination of employment;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"[The] posts and the grade they carried were such that the decision was tantamount to a sanction. An organisation is bound to show due regard to the dignity and good name of its staff".
Keywords:
assignment; downgrading; grade; hidden disciplinary measure; moral injury; organisation's duties; post; professional injury; respect for dignity; transfer;
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; official; organisation's duties; organisation's interest; post; qualifications; refusal to assign work; request by a party; 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; date; executive head; iloat; injury; internal appeal; period; post; receivability of the complaint; refusal to assign work; request by a party; start of time limit; supervisor; time bar;
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 to the rules; contract; duration of appointment; fixed-term; non-renewal of contract; permanent appointment; post; right;
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 appointment; post; termination of employment;
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 appointment; post; termination of employment;
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 appointment; post; termination of employment;
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 P.] the complainant was the holder of a post of indefinite duration. The Tribunal sees no reason to differ from the conclusion reached in [case P.] 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 appointment; post; termination of employment;
Judgment 515
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's appointment was terminated, and the rule concerning termination of limited duration posts, applied. The complainant contends that the rule for posts of indefinite duration should have been applied. The Tribunal held that posts attached to projects whose own duration is limited, are likewise of limited duration. The complainant's post came under such a project.
Keywords:
abolition of post; applicable law; contract; fixed-term; post; project personnel; termination of employment;
Judgment 505
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The complainant contends that her short-term appointments were tainted with irregularity on the grounds that her duties were of a lasting nature. The [organization] argues convincingly, however, that the duties attributed to the complainant [...] were of a kind normally performed by temporary staff. [...] The Appeals Committee was therefore right in rejecting the arguments she bases on the duration of her appointments. the tribunal need not consider the [organization's] contention that it enjoys complete discretion in giving short-term appointments to general service category staff."
Keywords:
contract; duration of appointment; flaw; post; short-term; successive contracts;
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