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Appointment (293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 310, 311, 312, 313, 314, 661, 660, 686,-666)

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Keywords: Appointment
Total judgments found: 182

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  • Judgment 2456


    99th Session, 2005
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9 and 11

    Extract:

    The complainant joined the Organisation in January 1998 under a fixed-term appointment. His contract, which was extended in 2003, was due to expire on 14 June 2004; it was not renewed due to the implementation of the seven-year tenure rule. He has produced before the Tribunal a document signed by the Director-General containing data about his performance, in which his date of entry on duty was incorrectly shown as 24 May 1997. He contends that the Director-General relied on that data in deciding not to renew his contract. "Since in the implementation of its policy the Organisation was said to be applying a 'first in, first out' rule, an error of over seven months in the calculation of any employee's length of service may be of critical importance. That is especially the case where such apparent error has the effect of indicating wrongly that the employee would at the time of his separation from the Organisation have served more than seven years. The Tribunal considers the alleged errors of fact to be material. [...] The non-renewal decision must be set aside and the Organisation shall be ordered to pay to the complainant the full balance of salary and benefits to which he would have been entitled if he had received a one-year extension of his contract to 14 June 2005. The complainant must account for any earnings from other employment during that period."

    Keywords:

    allowance; appointment; consequence; contract; date; decision; duration of appointment; enforcement; extension of contract; fixed-term; general principle; mistake of fact; non-renewal of contract; official; organisation's duties; period; reckoning; right; salary; staff member's duties; written rule;



  • Judgment 2393


    98th Session, 2005
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "The general principles allow that a discretionary decision with respect to an appointment may be set aside if applicants have not received equal treatment."

    Keywords:

    appointment; breach; candidate; condition; discretion; equal treatment; general principle; right;



  • Judgment 2392


    98th Session, 2005
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant was not selected for a post. She considers that she should have been given the preference because she was an internal candidate and by reason of her gender. "It is well settled that [such] preferences [...] must be given effect to where the choice has to be made between candidates who are evenly matched. On the other hand, they have no role to play where there is a significant and relevant difference between the candidates."

    Keywords:

    appointment; candidate; competition; difference; internal candidate; post; refusal; sex discrimination;

    Consideration 13

    Extract:

    The complainant was not selected for a post. She contends that IFAD has not informed her of the reasons for rejecting her application. "[T]he evidence shows that, at best, the complainant was given only partial and incomplete oral reasons for the failure to give her preference, long after the internal appeal proceedings had been exhausted and the complaint to the Tribunal instituted. If reasons for a non-selection decision are to have any use at all they must be given in time for an unsuccessful candidate to decide what, if any, recourse should be sought. Here, they were not and the plea is well founded."

    Keywords:

    appointment; candidate; competition; complainant; delay; duty to inform; duty to substantiate decision; grounds; internal appeal; post; procedure before the tribunal; refusal; time limit;



  • Judgment 2389


    98th Session, 2005
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Under [Staff] Rule [105.3], it is not sufficient for entitlement to home leave that internationally recruited staff members be serving in a country other than that of which they are nationals; they must also meet the required conditions. Thus, paragraph 2a of the Rule stipulates that a staff member shall be eligible for home leave provided that while performing his official duties he continues to reside in a country other than that of which he is a national. This condition is clearly not met in the case of a staff member who lived in his home country only during his early childhood and who, at the time of his appointment, had been residing for several decades, practically without a break, in the country where he performs his official duties."

    Reference(s)

    Organization rules reference: UPU Staff Rule 105.3

    Keywords:

    appointment; condition; difference; duty station; home leave; nationality; non-local status; official; provision; residence; right; staff member's duties; staff regulations and rules;

    Consideration 7

    Extract:

    The home country "is not necessarily that of the staff member's nationality. It could be the country with which he has the closest connection outside the country in which he is employed (see Judgment 1985, under 9), for instance the home country of his wife or of children whom he may have adopted or taken in but who he believes should keep up their connections with their native environment. Thus, according to Staff Rule 105.3, paragraph 4c, the Director General, in exceptional circumstances, may authorise a staff member to take home leave in a country other than the country of his nationality, provided that the latter can show that he maintained his normal residence in that other country for a prolonged period preceding his appointment, that he continues to have close family or personal ties in that country and that his taking home leave there would not be inconsistent with the purpose and intent of Staff Regulation 5.3."

    Reference(s)

    Organization rules reference: UPU Staff Regulation 5.3 and Staff Rule 105.3, paragraph 4c
    ILOAT Judgment(s): 1985

    Keywords:

    adoption; appointment; burden of proof; condition; definition; dependent child; difference; duty station; exception; executive head; family relationship; home leave; nationality; official travel; period; place of origin; residence; staff regulations and rules;



  • Judgment 2362


    97th Session, 2004
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8-9

    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 2315


    96th Session, 2004
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 25

    Extract:

    The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. "A change in the nature of the discretion to be exercised in determining whether to grant future rights by the extension or renewal of a contract cannot be said to effect a change in an existing legal interest, much less in an existing legal right or existing legal status. Accordingly, the seven year policy embodied in [the] directive [...] is not retroactive even if the seven year period is computed from a time prior to the proclamation of that policy."

    Keywords:

    amendment to the rules; appointment; career; consequence; contract; date; decision; discretion; exception; extension of contract; general principle; limits; non-local status; official; organisation; period; professional category; publication; reckoning; right; staff member's interest; status of complainant; terms of appointment; written rule;

    Consideration 17

    Extract:

    The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. In accordance with this directive, the complainant's contract was not renewed. "Much of the complainant's argument is directed to the proposition that the Commission cannot secure services of the standard specified in [Staff] Regulation 4.2 if it cannot retain those services beyond seven years, particularly as it has to compete for staff with other international organisations. That proposition is not self-evidently correct. Nor is it established by pointing, as the complainant does in his submissions, to international organisations which have a similar policy and which, according to the complainant, have or may have had difficulties in recruiting and retaining suitable staff. Moreover, [...] exceptions [are allowed] in the case of a need to retain 'essential expertise or memory in the Secretariat' ensures that, to that extent, its staffing needs can be satisfied."

    Reference(s)

    Organization rules reference: CTBTO PrepCom's Staff Regulation 4.2

    Keywords:

    appointment; career; contract; enforcement; exception; general principle; lack of evidence; limits; non-local status; non-renewal of contract; official; organisation; professional category; qualifications; safeguard; staff regulations and rules; terms of appointment; written rule;

    Consideration 20

    Extract:

    The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. In accordance with this directive, the complainant's contract was not renewed. "Although the embodiment of the seven year policy in [the] directive may properly be viewed as the prescribing of a term or condition upon which fixed-term contracts may be granted, it does not itself operate as the imposition of that term or condition. To be effective, a term or condition of the kind now in question must be incorporated in the contract, even if only by reference: a reference to the Staff Regulations and Rules is not sufficient because they do not incorporate the [...] directive in question. By implementing the seven year policy in the way that he purported to do in the present case, the Executive Secretary was attempting to enforce a term or condition that was not incorporated in the contract between the complainant and the Preparatory Commission."

    Keywords:

    appointment; career; complainant; condition; contract; effect; enforcement; exception; executive head; fixed-term; general principle; limits; non-local status; non-renewal of contract; official; organisation; professional category; staff regulations and rules; terms of appointment; written rule;



  • Judgment 2308


    96th Session, 2004
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 15-18

    Extract:

    "The complainant seeks compensation in lost salary and benefits for the years during which she has been remunerated on the basis of short-term employment while performing work of indefinite duration equivalent to that of a fixed-term staff member. In other words, she claims a retroactive fixed-term status. There is no basis on which the complainant can claim to be treated retroactively as if she had a fixed-term contract. She was recruited as a short-term staff member without having to go through a competition process; she accepted several contract renewals. It was within the discretionary authority of the Director-General to decide during all those years whether to renew each short-term contract or offer her a fixed-term contract [...]. She accepted and signed all the short-term contracts. [...] If it is sought to have the Tribunal treat those short-term contracts as being null, it must be shown that they have violated some fundamental and overriding principle of law or that her apparent consent thereto was vitiated (see Judgment 2097, under 11). This, the complainant has failed to do."

    Reference(s)

    ILOAT Judgment(s): 2097

    Keywords:

    acceptance; appointment; burden of proof; contract; discretion; duration of appointment; fixed-term; injury; lack of consent; law of contract; offer; short-term; status of complainant;



  • Judgment 2299


    96th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "It is not for the Tribunal to appoint the complainant either to the post he applied for or to a specific grade, as he requests."

    Keywords:

    appointment; claim; competence of tribunal; competition; grade; iloat; post;



  • Judgment 2294


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

    Considerations 10-11

    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; official; organisation's duties; post; post held by the complainant; priority; reassignment; right; seniority; separation from service; vacancy;



  • Judgment 2232


    95th Session, 2003
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The complainant, who had been the Organisation's Director-General, impugns the decision to terminate his appointment. "In accordance with the established case law of all international administrative tribunals, the Tribunal reaffirms that the independence of international civil servants is an essential guarantee, not only for the civil servants themselves, but also for the proper functioning of international organisations. In the case of heads of organisations, that independence is protected, inter alia, by the fact that they are appointed for a limited term of office. To concede that the authority in which the power of appointment is vested - in this case the Conference of the States parties of the Organisation - may terminate that appointment in its unfettered discretion, would constitute an unacceptable violation of the principles on which international organisations' activities are founded [...], by rendering officials vulnerable to pressures and to political change. The possibility that a measure of the kind taken against the complainant may, exceptionally, be justified in cases of grave misconduct cannot be excluded, but such a measure, being punitive in nature, could only be taken in full compliance with the principle of due process, following a procedure enabling the individual concerned to defend his or her case effectively before an independent and impartial body."

    Keywords:

    adversarial proceedings; appointment; breach; case law; condition; discretion; exception; executive body; executive head; fixed-term; general principle; hidden disciplinary measure; iloat; independence; internal appeals body; limits; member state; official; organisation; right to reply; safeguard; serious misconduct; termination of employment; tribunal;



  • Judgment 2214


    95th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3(B) and (C)

    Extract:

    The complainant asked for the payment of the expatriation allowance provided for in Article 72 of the EPO's Service Regulations. The Tribunal gave "a definition of permanent or continuous residence". While this requires actual long-term presence in the country concerned, it does not necessarily exclude another residence. In judgment 1099 the Tribunal held that in order to establish whether the complainant met the condition of 'continuous residence' in the country of his duty station for at least three years prior to being recruited by the Office, it was necessary to determine whether there were "objective and factual links with that country". It added that: "what matters is that the complainant had to live, and did live [in that country]". It was not important to know whether the complainant had paid taxes there or whether, at the same time, he kept a home address at his former place of residence (see Judgment 1099, under 8). The status of the residence is not relevant either (see Judgment 1150). It is clear from the case law when residence must be deemed to have been interrupted, within the meaning of Article 72 of the Service Regulations. It is not sufficient for the person concerned to have stopped living in a particular country; he must in addition have intended to leave the country for some length of time."

    Reference(s)

    Organization rules reference: ARTICLE 72 OF THE SERVICE REGULATIONS FOR PERMANENT EMPLOYEES OF THE EUROPEAN PATENT OFFICE
    ILOAT Judgment(s): 1099, 1150

    Keywords:

    appointment; assignment; case law; condition; definition; duty station; iloat; judgment of the tribunal; non-resident allowance; period; place of origin; provision; request by a party; residence; staff member's duties; staff regulations and rules; tax;



  • Judgment 2213


    95th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6(a)

    Extract:

    The Tribunal had dismissed the complaint by which the complainant impugned the non-renewal of his appointment. In his application for review of that judgment, he submits that a post intended for him had been mentioned in the draft programme and budget and that, since the document had been approved as it stood by the General Conference, this implied his appointment to the post at issue. "The question arises as to whether such an argument affords grounds for review. It is not necessary to answer that question, considering that the fact does not appear to be decisive, since the adoption of a budget could [...] not be interpreted as a decision to make an appointment."

    Keywords:

    acceptance; admissible grounds for review; application for review; appointment; assignment; consequence; contract; decision; executive body; inadmissible grounds for review; interpretation; non-renewal of contract; post;



  • Judgment 2210


    94th Session, 2003
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Where a reserve recruitment list is resorted to, the vacant post is filled without applying the competition procedure provided for in the above-mentioned provisions. Staff members must be given the possibility of entering competitions on the basis of which reserve lists for filling 'similar' posts are to be established. That possibility is denied them if they do not know what is meant by 'similar' posts. [...] The broader the definition of 'similar', the greater the risk of such occurrences. The requirements of equal treatment, objectivity and transparency in appointment procedures place the [organisation] under an obligation to provide a clear and precise definition of the concept of a 'similar' post. [...] It is the responsibility of the [organisation] to specify, in notices of competition, the nature of the posts which can be considered to be 'similar' for the purposes of any subsequent use of a reserve list."

    Keywords:

    appointment; candidate; competition; definition; equal treatment; good faith; organisation's duties; right; vacancy; vacancy notice;

    Consideration 4(c) and (d)

    Extract:

    The Agency considers that the complainant has no cause of action (to challenge the outcome of a competition) since she holds a post corresponding to her wishes and did not apply for a post which is, according to the organisation, very similar to the disputed post. The Tribunal states that: "all staff members are entitled to compete in accordance with the conditions laid down in the applicable provisions. Staff members are free to choose whether or not to apply for a competition, provided that they do not abuse this right."

    Keywords:

    appointment; candidate; cause of action; competition; post; receivability of the complaint; right;



  • Judgment 2180


    94th Session, 2003
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The allegation that the reasons for the complainant's non-inclusion on the short list were not fully explained to her when she first asked for the reasons [...] becomes irrelevant in light of the undoubted fact that such reasons were fully and adequately given during the internal appeal procedure."

    Keywords:

    appointment; failure to answer claim; grounds; internal appeal; organisation's duties; procedure before the tribunal; refusal; request by a party;



  • Judgment 2163


    93rd Session, 2002
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "An appointment by an international organisation is a discretionary decision. Being subject to only limited review, it may be set aside only if it was taken without authority or in breach of a rule of form or of procedure, or if it was based on a mistake of fact or of law, or if some material fact was overlooked, or if there was abuse of authority, or if a clearly wrong conclusion was drawn from the evidence. The Tribunal will, in cases like the present, exercise its power of review with special caution, its function being not to judge the candidates on merit but to allow the organisation full responsibility for its choice. [...] Nevertheless, anyone who applies for a post to be filled by some process of selection is entitled to have his application considered in good faith and in keeping with the basic rules of fair and open competition. That is a right that every applicant must enjoy, whatever his hopes of success may be (see Judgments 1077 [...], 1497 [...] and 1549 [...])."

    Reference(s)

    ILOAT Judgment(s): 1077, 1497, 1549

    Keywords:

    appointment; candidate; case law; competition; decision; decision-maker; discretion; disregard of essential fact; equal treatment; flaw; formal flaw; good faith; international civil service principles; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; organisation's duties; procedural flaw; right;



  • Judgment 2142


    93rd Session, 2002
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 16-17

    Extract:

    The complainants' request for mutually agreed separation was not allowed. "They suggest that a number of staff members who were granted a mutually agreed separation should not have been entitled to benefit from the exercise [...] The complainants request that the Tribunal itself undertake a complete examination of all documents relative to the [...] selection process or, alternatively, that they themselves, or their representative, be allowed to examine the documents. The Tribunal will not make an order of the type sought. The documents of the [mutually agreed separation] exercise, to the extent that they apply to other staff members, are confidential and the complainants' representative enjoys no privileged position in this regard. Without some evidence to support the complainants' unfounded allegations [...] the Tribunal will not sanction, or itself undertake, a wholesale 'fishing expedition' based on nothing more than the possibility that something may turn up."

    Keywords:

    acceptance; agreed termination; appointment; competence of tribunal; complainant; confidential evidence; counsel; disclosure of evidence; iloat; lack of evidence; mistake of fact; official; procedure before the tribunal; refusal; request by a party; right;

    Consideration 18

    Extract:

    "In a selection for a post, the most worthy candidates are selected 'in', i.e. to become members of staff, whereas in a mutually agreed separation exercise these are the very people who are most likely to be selected 'out' i.e. not to be released, in accordance with the requirements of the service. The interest of the organisation, which is paramount in each case, requires that the best candidates be employed and promoted in the first instance, and that they be retained in the organisation's service in the second."

    Keywords:

    agreed termination; appointment; candidate; competition; organisation; organisation's interest; post; procedure before the tribunal; promotion; qualifications;



  • Judgment 2122


    93rd Session, 2002
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant submitted her candidacy for a post of legal assistant. Her application was not taken into consideration because she did not fulfil the eligibility conditions set out in the notice of competition. She submits that there is a contradiction between the provisions of Staff Regulation Article 30 and those of Rule of Application No. 2 which sets out conditions for eligibility. The Tribunal finds "no contradiction between the provisions of Staff Regulation Article 30 and those of Rule of Application No. 2. [...] Contrary to what the complainant appears to suggest, the fact that Article 30(1) of the Staff Regulations says that the 'selection of candidates shall be based on qualifications' does not preclude the setting of eligibility conditions. [...] The eligibility conditions provided for in Rule No. 2 offend against no provision of the Staff Regulations. [...] The complainant did not meet all the conditions set in the notice of competition, and the Agency was therefore right to reject her application."

    Reference(s)

    Organization rules reference: ARTICLE 30 OF THE STAFF REGULATIONS GOVERNING OFFICIALS OF THE AGENCY

    Keywords:

    appointment; breach; candidate; competition; complainant; condition; criteria; degree; difference; enforcement; grounds; post; provision; refusal; staff regulations and rules; vacancy notice;



  • Judgment 2116


    92nd Session, 2002
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The [organization] was cavalier in the way in which it informed [the complainant] of what was to become of the selection process. For the complainant it was particularly important that she be informed promptly whether she could expect to be appointed, so that she could start to look for another job if need be. She contends, and the [organization] does not demur, that she had the more reason to be optimistic as she had been told unofficially that of all the applicants, she stood the best chance of being appointed. In these circumstances, the [organization] ought to have [informed] her [...] that reclassification was a serious possibility for the post in question. But it did not [...] thereafter, when a decision was taken [...] to withdraw the vacancy announcement, the organization should have informed the candidates immediately. [...] The complainant was so informed in writing [...] nearly four months later. Even if [...] she was informed by telephone [...] written notification was nonetheless an obligation. The complainant's personal interests have undoubtedly been harmed and some redress for the material and moral injury she suffered is warranted [...]."

    Keywords:

    appointment; assignment; candidate; competition; competition cancelled; date of notification; delay; duty to inform; material damages; material injury; moral injury; organisation's duties; post; post classification; procedure before the tribunal; staff member's interest; time limit; vacancy notice;



  • Judgment 2107


    92nd Session, 2002
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The complainant's claim that he should be considered as a fixed-term staff member cannot be sustained. The complainant was recruited as a short-term staff member, without having to go through a competition process; he accepted several contract renewals. It was within the discretionary authority of the Director-General to decide during the years that the complainant was with the organization whether to renew each short-term contract or offer him a fixed-term contract. There is no basis on which the complainant can claim to be treated retroactively as if he had a fixed-term contract. He was at all times a short-term staff member."

    Keywords:

    acceptance; appointment; claim; competition; complainant; contract; decision; discretion; executive head; fixed-term; non-retroactivity; official; participation; refusal; short-term; status of complainant; terms of appointment;



  • Judgment 2060


    91st Session, 2001
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Candidates who apply for a post to be filled by competition, whatever their hopes of success may be, are entitled to have their applications considered in good faith and in keeping with the basic rules of fair competition. An organisation must be careful to abide by the rules on selection and when the process proves flawed, the Tribunal will quash any resulting appointment, albeit on the understanding that the organisation must 'shield' the successful candidate from any injury (see for example Judgments 1990 and 2020 and the others cited therein)."

    Reference(s)

    ILOAT Judgment(s): 1990, 2020

    Keywords:

    appointment; candidate; case law; competition; competition cancelled; condition; due process; equal treatment; general principle; good faith; injury; international civil service principles; post; qualifications;

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