Judgment No. 551
Decision
The complaint is dismissed.
Consideration 4
Extract:
"The nationals of what may be called the home country of an organisation enjoy because of their nationality advantages denied to the nationals of other countries. [...] It has generally been accepted that an organisation may offer special benefits to staff recruited abroad, since without some compensation such staff would be in a worse position financially than staff recruited in the home country."
Keywords
nationality; equal treatment; terms of appointment
Consideration 6
Extract:
"Promotion is a matter within the discretion of the President and Administrative Council and the staff member has no right or expectation that the rules or policy applicable at the date of his contract will remain unchanged."
Keywords
acquired right; staff regulations and rules; amendment to the rules; provision; promotion; discretion
Consideration 5
Extract:
"A system which discriminates in the matter of promotion between officials according to their nationality seriously offends against the principle of equal treatment and should as a general rule be forbidden. [...] In the unusual circumstances of this case [in order] to establish a new secretariat, the Tribunal holds that the Administrative Council was free to lay down for a strictly limited period conditions for promotion which differed according to nationality." The object was to secure a balanced staff. There is no evidence to suggest any abuse of authority by the administration, and its action was therefore not unlawful.
Keywords
nationality; equal treatment; promotion
Consideration 5
Extract:
"Although international organisations may determine quotas for recruitment for the purpose of preserving or developing the international character of the staff, officials are normally entitled to objective treatment after they have taken up duty. This is a general rule. If in any particular case it can be shown that a scheme for determining quotas on recruitment would not work satisfactorily unless it was extended in a limited way to subsequent promotion, an exception may be justified."
Keywords
nationality; equal treatment; promotion; appointment; geographical distribution
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