Titularization (840,-666)

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Keywords: Titularization
Total judgments found: 7

• Judgment 4102

  
  127th Session, 2019
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the ILO’s failure to take a final decision on her job grading appeal and the failure to grant her a contract without limit of time.

  Judgment keywords

  Keywords:

  complaint allowed; duration of appointment; grade; post classification; titularization;
  

  
  
  

• Judgment 2922

  
  109th Session, 2010
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "[T]he procedure leading to titularisation was never undertaken in the case of the complainant. It may be concluded from the foregoing that the complainant did not have the status of an established official within the meaning of Article 2.1 of the [ILO] Staff Regulations. It follows that she is not justified in claiming that there has been a violation of the formal and procedural rules applicable to the termination of the appointment of an established official [...]."

  Reference(s)

  Organization rules reference: Article 2.1 of the ILO Staff Regulations
  
  

  Keywords:

  breach; formal flaw; formal requirements; procedural flaw; procedure before the tribunal; staff regulations and rules; status of complainant; termination of employment; titularization; written rule;
  

  
  
  

• Judgment 1138

  
  72nd Session, 1992
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 2-3

  Extract:

  "By virtue of UNESCO Staff Rule 104.6(b) a fixed-term contract may at the Director-General's discretion be extended or converted into an indefinite appointment, but the staff member has neither any right to an extension nor any legitimate expectancy of one. In keeping with precedent [...] the Tribunal will not interfere with the discretionary decision not to extend an appointment unless it was made without authority or in breach of a rule of procedure, or was based on a mistake of fact or of law, or overlooked some essential fact, or amounted to an abuse of authority."

  Reference(s)

  Organization rules reference: UNESCO STAFF RULE 104.6
  
  

  Keywords:

  contract; discretion; extension of contract; judicial review; non-renewal of contract; titularization;
  

  
  
  

• Judgment 445

  
  46th Session, 1981
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The complainant was first employed under various contracts with the organization before becoming an official. His several periods of service were made pensionable with the exception of a few months spent working as a consultant. In accordance with the Staff Rules, consultants who are appointed for periods not greater than eleven months are barred from participating in the Pension Fund. Up to 1972, periods of consultancy service could not be validated for Pension Fund purposes. The complainant's services as a consultant may not be counted as pensionable.

  Keywords:

  contract; external collaborator; pension; successive contracts; titularization; validation of service;
  

  
  
  

• Judgment 166

  
  25th Session, 1970
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "With regard to the failure to appoint [the complainant], the proceedings have shown that after consulting various persons qualified to give an opinion on the candidates [...] the [...] chief of service selected [an official] who was already working for him and of whose efficiency and diligence he had personal experience. Such a choice was quite normal and cannot be regarded in itself as being contrary to the interests of the organization or tainted by [bias]."

  Keywords:

  appointment; discretion; organisation's interest; titularization; work appraisal;
  

  
  
  

• Judgment 135

  
  22nd Session, 1969
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The refusal to grant a permanent post to the complainant was quashed because of legal error. The organisation again rejected the complainant's application. The complainant's claim for damages "is well founded only insofar as it rests on the prejudice arising out of the illegal decision [...] which lapsed on [...] which date the decision legally rejecting his application for a permanent post was issued." The Tribunal awards the complainant a sum in compensation, in particular, for the "prejudice caused to complainant by the state of uncertainty in which he found himself as a result of the rescinded decision."

  Keywords:

  amount; confirmatory decision; decision; flaw; injury; mistake of law; moral injury; refusal; titularization;
  

  Considerations

  Extract:

  It is clear from the evidence that "in holding that [the complainant's] refusal to perform military service in the country of which he was a national [kept him from meeting] the requirements for appointment as an international officer, the [organization] was not basing its view on a consideration of principle, but on an examination of the circumstances in which the refusal had taken place; that accordingly the decision was in no way tainted by illegality [...]."

  Keywords:

  appointment; condition; fitness for international civil service; military service; refusal; titularization;
  

  
  
  

• Judgment 122

  
  20th Session, 1968
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  On the substance

  Extract:

  The complainant was denied appointment to a permanent post because of objections expressed by a Member State aroused by the complainant's refusal to do his military service. The decision was tainted by an error of law; the organisation did not exercise its discretionary power. The decision is quashed and the case is referred back to the organisation "for a new decision to be taken, with reasons stated, on [the] complainant's request, after consideration of all the relevant circumstances of the case, including [the complainant's] professional qualifications [...] and disregarding the fact [...] that he is a persona non grata to one of the States members."

  Keywords:

  contract; fixed-term; flaw; grounds; member state; military service; non-renewal of contract; permanent appointment; persona non grata; refusal; titularization;
  

  On the substance

  Extract:

  In determining whether to appoint an employee to a permanent post, the relevant body must take into account, inter alia, both the employee's professional qualifications and "his suitability as an international official from the standpoint of morality, integrity and character."

  Keywords:

  condition; definition; elements; fitness for international civil service; qualifications; titularization;