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Priority (382,-666)

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Keywords: Priority
Total judgments found: 33

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  • 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 2647


    103rd Session, 2007
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    An external candidate was appointed to the post the complainant had applied for. The complainant contends that, contrary to the Staff Regulations, the applications of candidates already in the Organization's service were not given priority of consideration over those of external candidates. "It is convenient to recall that the Tribunal held in Judgment 107, under 1, that:
    'although the Organization is bound to have full regard to the qualifications and experience of persons already in its service, this does not mean that it must necessarily always appoint them in preference to outside applicants. If this privilege were automatically to be granted to the serving staff, the Organization might be led to take decisions contrary to its own interests, a situation which was certainly not intended by those who drafted the Staff Regulations. The position is that persons already in the service of the Organization have priority only if their qualifications appear to be at least equal to those of other candidates.'
    Those principles were duly taken into account in the selection process, which was carefully and correctly conducted by the Organization, and while the qualifications and experience of the complainant are to be noted, they do not automatically give her a right of precedence over other candidates for the advertised post."

    Reference(s)

    ILOAT Judgment(s): 107

    Keywords:

    appointment; candidate; competition; condition; decision; general principle; internal candidate; organisation's duties; organisation's interest; post; priority; procedure before the tribunal; professional experience; provision; purpose; qualifications; same; staff regulations and rules;



  • 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 before the tribunal; refusal; staff regulations and rules; submissions; supervisor; terms of appointment; vacancy; vacancy notice;



  • Judgment 2294


    96th Session, 2004
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10 and 11

    Extract:

    Case of an official who served the Organization for 16 years and always gave satisfaction, whose post was abolished. The Organization states "that although the complainant was entitled to apply for posts which fell vacant after his appointment had been terminated, he did not do so. [T]he Tribunal considers that it was up to [the Organization] to make proposals to the complainant and to give some preference to his application."

    Keywords:

    abolition of post; appointment; candidate; complaint allowed; complaint allowed in part; international civil servant; organisation's duties; post; post held by the complainant; priority; reassignment; right; seniority; separation from service; vacancy;



  • Judgment 2147


    93rd Session, 2002
    International Service for National Agricultural Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "[The] invocation of the so-called 'first in, last out' principle, in effect a sort of non-contractual seniority clause, is unsupported by any authority and is inimical to the merit principle which underlies the law of the international civil service."

    Keywords:

    general principle; international civil service principles; output; priority; satisfactory service; seniority; termination of employment;



  • Judgment 2054


    91st Session, 2001
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The Tribunal is unable to agree with the complainant that as a disabled former staff member he is entitled to a right to reassignment. There is no basis in the Staff Regulations for conferring on him a preferential status. As with any job applicant, he has to follow the procedures and apply for any desired vacant post. To rule otherwise would, in effect, introduce an amendment to the applicable rules to unduly favour disabled former staff members. As the Tribunal has held in Judgment 637 [...] the staff (much less former employees) 'may not demand amendment of the rules governing their employment'."

    Reference(s)

    ILOAT Judgment(s): 637

    Keywords:

    amendment to the rules; candidate; competition; handicapped person; priority; reassignment; right; separation from service; staff regulations and rules; vacancy;



  • Judgment 2004


    90th Session, 2001
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "The Tribunal wishes to emphasise that there is nothing wrong in having a policy aimed at gender parity. For too long women have been subjected to discrimination in appointments to senior posts which can be proved by statistics. But this policy cannot be achieved by setting quotas and by reverse discrimination, in other words, by the appointment for particular posts of women who are less qualified than men. This is contrary to [Staff] Regulation 4.3 which provides that selection shall be without regard to race, creed or sex'. The policy can be achieved by different means [...] but the bottom line must always be that the person best qualified should be appointed."

    Reference(s)

    Organization rules reference: WHO STAFF REGULATION 4.3

    Keywords:

    appointment; candidate; case sent back to organisation; competition; complaint allowed; complaint allowed in part; decision quashed; equal treatment; priority; qualifications; remand; right; sex discrimination;



  • Judgment 1954


    89th Session, 2000
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant unsuccessfully applied for a new post. She maintains that the candidate selected for the post had been considered as an internal candidate during the selection process, when in fact she was an external candidate. "The correct interpretation of Staff Regulation 4.4 is that persons already in the service of the organization have priority only if their qualifications appear to be equal to those of other candidates (see Judgment 107). Since the complainant was found not to be as well qualified as Ms P., she cannot rely on Regulation 4.4. "

    Reference(s)

    Organization rules reference: PAHO STAFF REGULATION 4.4
    ILOAT Judgment(s): 107

    Keywords:

    appointment; candidate; competition; internal candidate; priority; selection board; staff regulations and rules;



  • Judgment 1865


    87th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7 and 10

    Extract:

    "Article 46(5) of the Service Regulations states that 'for a period of two years from the date on which assignment to reserve status takes effect a permanent employee shall have priority for reinstatement in any post corresponding to his grade which may fall vacant or be created, provided that he possesses the necessary qualifications and ability.' The obligation of [the organisation] is not to reinstate the official who has been assigned to reserve status, but to make all the necessary efforts for his reinstatement. In other words, it is not an obligation as to the outcome, but as to the means employed to achieve the outcome."

    Reference(s)

    Organization rules reference: ARTICLE 46(5) OF THE EPO SERVICE REGULATIONS

    Keywords:

    condition; creation of post; criteria; organisation's duties; priority; qualifications; reinstatement; staff regulations and rules; vacancy;



  • Judgment 1787


    86th Session, 1999
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Although the abolition of his post did demand of the Organization efforts to place him suitably and at the right grade elsewhere, he had no right to preference for any particular post, the less so since others were in the same plight. He may object to the Organization's failure to let him have the transfer he wanted, but such failure does not make it unlawful for the organization to have appointed another official to the post he had applied for, provided at least that that official was qualified."

    Keywords:

    abolition of post; appointment; competition; complaint allowed; condition; equal treatment; grade; organisation's duties; post; priority; qualifications; reassignment; right;



  • Judgment 1782


    85th Session, 1998
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "What [Staff Rule 110.02 a) on abolition of posts and staff reduction] entitles staff members with permanent appointments to is preference to 'suitable posts in which their services can be effectively utilized', and that means posts not just at the same grade but even at a lower one. [...] The Advisory Group should have asked the complainant [who held grade G.7] at the outset whether she would accept a G.6 post. Because it failed to do so, it considered her for vacant posts at G.7 only and deprived her of the opportunity of being considered for G.6 vacancies." See also Judgment 346 [...].

    Reference(s)

    Organization rules reference: UNIDO'S STAFF RULE 110.02 A)
    ILOAT Judgment(s): 346

    Keywords:

    abolition of post; complaint allowed; complaint allowed in part; contract; decision quashed; duration of appointment; grade; organisation's duties; permanent; post; priority; staff reduction; staff regulations and rules; vacancy;



  • Judgment 1706


    84th Session, 1998
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The complainant, placed on special leave without pay following an 'agreed termination' was a candidate in an internal competition. The Organization maintains that she was no longer a staff member at the moment of recruitment. "The Tribunal [...] holds that the 'agreed termination' did not in any way restrict her rights under the Staff Rules, while she remained a staff member, to preference over an outside male candidate in any future competition where qualifications were equal."

    Keywords:

    agreed termination; appointment; candidate; competition; complaint allowed; complaint allowed in part; internal candidate; priority; right; sex discrimination; special leave; staff regulations and rules; unpaid leave;

    Consideration 15

    Extract:

    "UNIDO's professed policy of increasing the number of women staff at all levels required at least that, other things being equal, it should give preference to applications from women; indeed encouraging women to apply was consistent only with their right to such preference."

    Keywords:

    candidate; competition; complaint allowed; complaint allowed in part; priority; right; sex discrimination;

    Consideration 17

    Extract:

    "As for the special panel set up to deal with allegations of discrimination, neither the Joint Appeals Board nor UNIDO cites any provision of the Staff Rules which compels recourse to that panel. The complainant's failure to put her grievance to it does not make her complaint irreceivable. Where a matter is otherwise within its jurisdiction the Tribunal can and will entertain related allegations of discrimination."

    Keywords:

    competence of tribunal; complaint allowed; complaint allowed in part; internal appeal; internal appeals body; internal remedies exhausted; priority; receivability of the complaint; right; sex discrimination; staff member's duties; staff regulations and rules; tribunal;



  • Judgment 1659


    83rd Session, 1997
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The complainants "plead breach of Regulation 12.2(b) which confers priority for re-employment on permanent employees whose posts had to be abolished. But since all the posts were abolished the Association had no choice in the matter and nothing to offer the redundant staff but the opportunity of applying for jobs in the new Secretariat."

    Reference(s)

    Organization rules reference: EFTA STAFF REGULATION 12.2(B)

    Keywords:

    abolition of post; competition; contract; exception; organisation's duties; permanent; priority; reassignment; reorganisation; separation from service; staff regulations and rules; termination of employment;



  • Judgment 1602


    82nd Session, 1997
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    According to precedent "the right to priority of consideration that belongs to someone whose post has been abolished requires that any authority concerned with making the appointment must be aware of the right and carefully compare the professional profile of the staff member with that of any outside candidate."

    Keywords:

    abolition of post; organisation's duties; priority; qualifications; reassignment;



  • Judgment 1553


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    UNESCO Staff Regulation 4.4 grants priority to serving staff for appointment to vacant posts. "Despite the unanimous recommendations by the senior personnel advisory boards and by the Appeals Board the Organization failed to give the complainant priority for vacant posts. It put the wrong question to its units and to its bureau of personnel. The right question was not whether there was a post that fitted her qualifications and experience but whether there was a post of which she was capable of fulfilling the duties competently. [...] No instructions went out that she should be given priority for any vacant posts. So the decision to terminate her services rested on a misinterpretation of Regulation 4.4 and so on a mistake of law. That decision must therefore be set aside".

    Reference(s)

    Organization rules reference: UNESCO STAFF REGULATION 4.4

    Keywords:

    abolition of post; candidate; complaint allowed; complaint allowed in part; decision; decision quashed; internal candidate; interpretation; material damages; moral damages; organisation's duties; priority; qualifications; reassignment; reinstatement; staff regulations and rules; termination of employment; vacancy;



  • Judgment 1522


    81st Session, 1996
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The organization has "discharged its duty to take an express decision duly giving its reasons for not reinstating him. Its decision [not to reinstate him] takes seriatim all the posts he might have been appointed to. It explains the reasons of fact or law why it came to the view that his training, experience or grasp of languages or the need for special skills disqualified him for some posts. The reasons why he was not appointed to others had to do with the budget, some posts being 'frozen'. Or else the reasons were administrative: for example the Appointment and Promotion Board was not in favour, or the organization gave priority to a permanent employee."

    Keywords:

    advisory opinion; application for execution; budgetary reasons; due process; duration of appointment; duty to substantiate decision; judgment of the tribunal; judicial review; knowledge of languages; organisation's duties; permanent; priority; professional experience; promotion board; qualifications; refusal; reinstatement; selection board; training;



  • Judgment 1497


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

    Consideration 8

    Extract:

    "The defendant argues that since [the selected candidate] was an internal candidate it was right anyway to give her priority in the process of selection. The plea fails. As the Tribunal held, for example, in Judgment 519 [...], priority is not due to an internal applicant who does not have the minimum qualifications."

    Reference(s)

    ILOAT Judgment(s): 519

    Keywords:

    appointment; case law; competition; complaint allowed; condition; internal candidate; priority; qualifications;



  • Judgment 1390


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

    Consideration 27

    Extract:

    Article 15 of Annex 1 to the Eurocontrol Convention says that "the Agency shall be empowered to recruit personnel directly only if the contracting parties are unable to make qualified personnel available to it". The Tribunal holds that the provision "limits the organisation's freedom to recruit by giving priority to candidates prescribed by the contracting parties over 'outside' candidates, but it puts no restrictions on the organisation's freedom to assess the suitability of applicants, wherever they may come from, nor its right to give serving staff a reasonable opportunity of advancement provided that they are as well qualified as other candidates."

    Reference(s)

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

    Keywords:

    appointment; candidate; career; case sent back to organisation; competition; competition cancelled; complaint allowed; decision quashed; discretion; equal treatment; internal candidate; international civil servant; international instrument; interpretation; legitimate expectation; member state; priority; promotion; qualifications;



  • Judgment 1374


    77th Session, 1994
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The PAHO's applying the wrong criteria to determine the 'priority groups' flaws the reduction-in-force procedure because it means that the staff whose posts had been abolished were not put in the order of priority prescribed in the manual for retention."

    Keywords:

    abolition of post; complaint allowed; complaint allowed in part; criteria; decision quashed; due process; enforcement; flaw; priority; procedure before the tribunal; staff reduction; staff regulations and rules;



  • Judgment 1323


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

    Consideration 10

    Extract:

    Vide Judgment 133.

    Reference(s)

    ILOAT Judgment(s): 133

    Keywords:

    candidate; career; complaint allowed; complaint allowed in part; internal candidate; legitimate expectation; organisation's interest; post; priority; professional experience; satisfactory service; seniority; staff member's interest;

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Last updated: 05.06.2020 ^ top