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Grade (262,-666)

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Keywords: Grade
Total judgments found: 79

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  • Judgment 4273


    130th Session, 2020
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge their classification in the new career structure established following the 2015 five-yearly review.

    Consideration 10

    Extract:

    [A]n organisation is entitled to introduce a career system unlike that in any other organisation so that it can meet its own unique requirements. It is thus difficult to see how a comparison could be undertaken.

    Keywords:

    grade;

    Consideration 6

    Extract:

    According to the Tribunal’s case law, an organisation has broad discretion when altering salary structures and grading systems (see Judgments 2778, under 7, 3921, under 11, and 4134, under 26 and 49) and classifying officials individually (see, for example, Judgment 1495, under 14). Decisions on such matters are therefore subject to only limited review by the Tribunal, which will censure them only if they have been taken in breach of a rule of form or procedure, if they are based on an error of fact or law, if some essential fact was overlooked, if clearly mistaken conclusions were drawn from the evidence or if there was misuse of authority.

    Reference(s)

    ILOAT Judgment(s): 1495, 2778, 3921, 4134

    Keywords:

    discretion; grade; judicial review; salary;



  • Judgment 4113


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to promote him and contends that the EPO breached its duty to treat him with dignity.

    Judgment keywords

    Keywords:

    complaint dismissed; grade; promotion;



  • 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 4086


    127th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to maintain her contested job description.

    Considerations 10-11

    Extract:

    The Tribunal’s case law has it that when a staff member of an international organization is transferred to a new post in non-disciplinary circumstances, that transfer is subject to the general principles governing all decisions affecting the staff member’s status. The organization must show due regard, in both form and substance, for the dignity of the staff member, particularly by providing her or him with work of the same level as that which she or he performed in her or his previous post and matching her or his qualifications (see, for example, Judgment 2229, under 3(a)). This requirement is consistent with Staff Regulation 4.3(c) [...].
    The responsibilities that attach to posts are comparable where on an objective basis the level of the duties to be performed is similar (see, for example, Judgment 1343, under 9). It is not for the Tribunal to reclassify a post or to redefine the duties attaching thereto, as that exercise falls within the discretion of the executive head of the organization, on the recommendation of the relevant manager, and it is equally within the power of the management to determine the qualifications required for a particular post (see, for example, Judgment 2373, under 7). However, every employee has the right to a proper administrative position, which means that she or he should both hold a post and perform the duties pertaining thereto and should be given real work (see, for example, Judgment 2360, under 11).

    Reference(s)

    ILOAT Judgment(s): 1343, 2229, 2360, 2373

    Keywords:

    assignment; discretion; general principle; grade; judicial review; organisation's duties; post classification; post description; post held by the complainant; reclassification; respect for dignity; transfer;



  • Judgment 4030


    126th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to maintain her position at the same grade.

    Judgment keywords

    Keywords:

    complaint dismissed; grade;



  • Judgment 3726


    123rd Session, 2017
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss her claim for compensation on account of labour exploitation and compulsory labour.

    Consideration 20

    Extract:

    [The Tribunal] can grant damages if it is not disputed that the complainant performed work beyond her current grade (see, for example, Judgment 3284, considerations 14 and 17). The Tribunal therefore determines that the complainant is entitled to material damages for the tasks that she performed above her G.5 grade, and that she is entitled to moral damages for the prejudice that she suffered by IOM’s breach.

    Reference(s)

    ILOAT Judgment(s): 3284

    Keywords:

    grade; material damages; moral injury; order; post classification; reclassification; retroactivity;



  • Judgment 3493


    120th Session, 2015
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant takes issue with the fact that his remuneration is lower than that received by a colleague in a lower grade.

    Judgment keywords

    Keywords:

    complaint dismissed; equal treatment; grade; salary;



  • Judgment 3492


    120th Session, 2015
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant takes issue with the fact that her remuneration is lower than that received by a colleague in a lower grade.

    Judgment keywords

    Keywords:

    complaint dismissed; equal treatment; grade; salary;



  • Judgment 3418


    119th Session, 2015
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal recognized the moral injury caused to the complainant and determined the amount of compensation.

    Judgment keywords

    Keywords:

    complaint allowed; grade; post classification;



  • Judgment 3290


    116th Session, 2014
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: Following the abolition of the complainant's post for lack of financial resources, the reassignment process was organized but was ultimately unsuccessful in finding the complainant another post.

    Consideration 30

    Extract:

    "[W]ith respect to the reassignment process itself, as part of its obligation to make reasonable efforts to find a suitable post for the complainant, [the organisation] ought to have enquired whether the complainant was willing to accept a post at a lower grade than the one he held (see Judgment 2830, under 9)."

    Reference(s)

    ILOAT Judgment(s): 2830

    Keywords:

    grade; organisation's duties; post held by the complainant; reassignment;

    Judgment keywords

    Keywords:

    abolition of post; complaint allowed; delay; fixed-term; grade; organisation's duties; reassignment; respect for dignity; termination of employment;



  • Judgment 3262


    116th Session, 2014
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who applied for the position of Legal Advisor, was offered the post, but at a grade lower than that at which it was advertised.

    Judgment keywords

    Keywords:

    acceptance; appointment; candidate; compensation; contract; grade; moral injury; offer; offer withdrawn; post; respect for dignity;



  • Judgment 3189


    114th Session, 2013
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants unsuccessfully challenge their placement in the new grade structure following the entry into force of the administrative reform at Eurocontrol.

    Judgment keywords

    Keywords:

    complaint dismissed; grade; reorganisation;



  • Judgment 2931


    109th Session, 2010
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "[I]t was an affront to her dignity and a breach of the principle of equal pay for work of equal value to expect the complainant to work at a post that was graded below the level of the duties actually being performed. For this, she is entitled to moral damages [...]."

    Keywords:

    compensation; equal treatment; grade; moral injury; post; post classification; post description; respect for dignity;



  • Judgment 2904


    108th Session, 2010
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The first substantive argument raised by the complainant regards the failure by the human resources specialist to consider the revised post description that was submitted to the Human Resources Management Division in 2002. In the Tribunal's view, as the revised post description had not been properly reviewed and accepted by the relevant division in accordance with the applicable rules (specifically Manual paragraph 280.333), the specialist was correct to disregard it while conducting the desk audit, referring instead to the post description on file."

    Reference(s)

    ILOAT Judgment(s): 1874

    Keywords:

    grade; post classification; post description; post held by the complainant; staff regulations and rules;



  • Judgment 2859


    107th Session, 2009
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Regarding the allegation of unequal treatment between external and internal candidates, the Tribunal notes that as the situation of the former is different to that of the latter in fact and in law, there is no ground for that allegation."

    Keywords:

    candidate; equal treatment; grade; internal candidate; promotion;



  • Judgment 2856


    107th Session, 2009
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 15-16

    Extract:

    "In its submissions the Organization details the comprehensive training strategy that was established to enable the complainant to strengthen his skills. [T]hat strategy included participation in a number of courses and a half-time secondment to the IRIS project to allow the complainant exposure to the new system."
    "The Tribunal concludes that, in the circumstances, the Organization did its utmost to respect the complainant's dignity and good name and not to cause him any harm. Despite the fact that the complainant did not possess the requisite skills, the grade P.3 position was designated at grade P.4 and his personal grade was not altered."

    Keywords:

    decision; grade; organisation's duties; post held by the complainant; qualifications; reassignment; respect for dignity; status of complainant; training; transfer;



  • Judgment 2851


    107th Session, 2009
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The Tribunal points out that post classification cannot be confused with performance review. It is uncontested that the complainant's performance was considered highly by her supervisors but that does not have any relevance to the assessment of her post for the purposes of grade classification."

    Keywords:

    grade; performance report; post classification; request by a party;



  • 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; vacancy notice; written rule;



  • Judgment 2830


    107th Session, 2009
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant's appointment was terminated following a reorganisation.
    "The Tribunal finds that the Organization has not shown that it actually did its utmost to find a post matching the complainant's qualifications. Furthermore, before simply terminating his appointment, the Organization ought to have ascertained whether he was prepared to accept a post at a lower grade to that which he had previously held (see Judgment 1782, under 11). It was not up to the complainant to prove that he was able to remain in the Organization's service in some capacity; it was up to the Organization to prove the contrary."

    Reference(s)

    ILOAT Judgment(s): 1782

    Keywords:

    burden of proof; condition; grade; lack of evidence; organisation's duties; post; qualifications; reassignment; reorganisation; termination of employment;



  • Judgment 2819


    107th Session, 2009
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "As the transfer decision did not respect the complainant's dignity, the Tribunal will order that the complainant be reassigned, within 28 days, to a post that satisfies the core requirement of a grade A6 post, namely, the running of a prominent organisational unit covering several specialised fields, and that the decision of 22 December 2005 be quashed with effect from the date of his reassignment to the new post."

    Keywords:

    compensatory measure; grade; order; post; respect for dignity; terms of appointment; transfer; working conditions;

    Consideration 8

    Extract:

    "It is well settled that a transfer decision, if of a nondisciplinary nature, «must show due regard, in both form and substance, for the dignity of the official concerned, particularly by providing him with work of the same level as that which he performed in his previous post and matching his qualifications» (see Judgment 2229, under 3(a)). Given that the new tasks of the complainant involve none of the tasks specified in the Service Regulations for a grade A6 post, it must be concluded that the transfer did not respect his dignity. There are two other matters that indicate a lack of respect for the complainant's dignity. First, there is the Vice- President's e-mail of 9 January 2006 that was transmitted to all other Principal Directors in his Directorate and that clearly impugned the complainant's ability to perform his functions as head of the Joint Cluster Computers. [...] There was no need to justify the decision to the complainant's peers and the e-mail could only lessen his standing in their eyes. The second matter is that the complainant was not provided with any staff - not even a secretary."

    Reference(s)

    ILOAT Judgment(s): 2229

    Keywords:

    grade; post; respect for dignity; status of complainant; terms of appointment; transfer; working conditions;

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Last updated: 28.10.2020 ^ top