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Keywords: Appointment
Total judgments found: 180

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  • 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 1982


    89th Session, 2000
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5(A)

    Extract:

    "Precedent has it that, in the interests of the organisation, a chief executive may interrupt a competition, even in order to change the requirements of the post (see Judgment 1771, [...] under 4(e), and the judgments cited therein). He may even decide not to proceed to any appointment or promotion if he concludes that none of the candidates meets the specified requirements (see Judgment 1771, under4(c))."

    Reference(s)

    ILOAT Judgment(s): 1771

    Keywords:

    appointment; candidate; case law; competition; competition cancelled; discontinuance; organisation's interest;

    Consideration 5(D)

    Extract:

    The complainant was an unsuccessful candidate for a post. The initial competition for the post was cancelled and the complainant argues that the subsequent competition and selection procedure were flawed. Therefore he asks that the decision appointing another candidate be set aside. "The Tribunal's case law has it that it is not necessary to take up the whole procedure when it is easy to determine the point at which it began to be flawed."

    Keywords:

    appointment; candidate; flaw; procedural flaw; rejected permanently; selection board;



  • Judgment 1964


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It is within the competence of the Tribunal to determine whether or not there is a contract of appointment by which the parties are bound and which would entitle the official covered by the contract to the rights enjoyed by the officials of an organisation that has recognised the Tribunal's jurisdiction. However, in the material case, the [organisation's] agreement to appoint the complainant was subject to the fulfilment of a condition which cannot be said to be a mere formality, namely, recognition that he was physically fit enough to discharge his functions. [...] Consequently, the complainant, who has never been an employee of the [organisation], is raising a matter which is not within the scope of the Tribunal's competence."

    Keywords:

    appointment; competence of tribunal; complainant; complaint; condition; contract; locus standi; medical examination; non official; offer; offer withdrawn; official; receivability of the complaint; status of complainant; tribunal;



  • 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 1871


    87th Session, 1999
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9 and 10

    Extract:

    "The Tribunal observes that the Director-General gave paramount importance to the principle of geographic distribution, which resulted in him selecting the applicant who was second in the list recommended by the Selection Committee because that applicant was a national of an 'under-represented' country, while the complainant, who was in first place, was a national of an 'equitably represented' country. Analysis of the [Constitution, General Rules and Manual of the organization as well as] the facts of the case show that the Director-General was mistaken in his interpretation of these provisions. The Constitution [...] clearly states that the highest standards of efficiency and of technical competence' are of paramount importance in appointing staff. The Selection Committee is under the obligation to recommend for selection the candidate whose qualifications most closely meet the requirements of the post. Therefore the essential qualifications required are the priority criterion. Consideration of other criteria, including seniority of service and geographic distribution, which appear to be of a subsidiary nature, is only envisaged where several candidates are equally well qualified."

    Keywords:

    appointment; candidate; competition; complaint allowed; complaint allowed in part; criteria; geographical distribution; nationality; recommendation; selection board; seniority; staff regulations and rules;



  • Judgment 1804


    86th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12, 13 and 14

    Extract:

    The promotion of Mr C., presented as the fulfilment of a promise made to him on recruitment, gave rise to a decision adopted on 7 December 1994. "Only that decision was notified to the staff. So the complainants, who were unaware of the promise, were in good faith in challenging the promotion on the grounds that it was in breach of the Rule it actually cited. So they were right in saying that Mr C. had been promoted to A4 even though he did not fully qualify under the [relevant] rules [...]. Because of the unusual circumstances in which Mr C. was promoted the complainants were also right to challenge the decision: the [Organization] had on the face of it failed to observe the general principle of equal treatment because in promoting Mr C. it did not abide by the requirements of the Service Regulations or by the criteria for promotion to which the complainants were themselves subject. The conclusion is that the complainants did suffer moral injury and each of them is entitled under that head to [compensation]".

    Keywords:

    appointment; breach; cause of action; complaint allowed in part; condition; decision; equal treatment; general principle; good faith; grade; injury; moral injury; promise; promotion; staff regulations and rules;



  • Judgment 1787


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

    Considerations 10 and 11

    Extract:

    "The qualifications expected may be just 'desirable', not requirements binding in law. But the appointing authority is not free on that account [...] to disregard the fact that some do qualify and to plump for the very one who does not, even one who in other respects has the right experience and skills. [...] Here the Organization picked someone wanting in listed qualifications which, though said to be only 'desirable', were in fact essential. It thereby fell short of the standards of objectiveness and openness that must govern appointment to a senior post in an international organisation. The process of selection cannot stand [...]" (See Judgment 1595, under 10.)

    Reference(s)

    ILOAT Judgment(s): 1595

    Keywords:

    appointment; candidate; competition; competition cancelled; complaint allowed; condition; criteria; discretion; flaw; post; post description; procedure before the tribunal; professional experience; qualifications; vacancy notice;

    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 1733


    84th Session, 1998
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 16 and 17

    Extract:

    "In the performance of their duties the Director General and staff may not seek or receive instructions from any source external to the Agency. For the Director General to allow a member State a veto on the appointment of a staff member is to 'receive instructions' from an external source and an interference with the paramount consideration of securing staff of the right calibre. Paragraph 68 of the Administrative Manual and the sentence 'accordingly government sponsorship will be required' [...] are null and void as being contrary to [...] the Statute."

    Reference(s)

    Organization rules reference: PARAGRAPH 68 OF THE IAEA MANUAL

    Keywords:

    appointment; complaint allowed; decision quashed; independence; member state; organisation's duties; staff regulations and rules;



  • Judgment 1730


    84th Session, 1998
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "Like any other organisation in the United Nations system, the FAO has a duty to ensure that its staff attain the highest standards of efficiency and technical competence. The arrangements made with the Chinese government up to 1992 prevented the Organization from exercising its own discretion about the level of competence of Chinese recruits. The fact that the arrangements have ceased is to be welcomed and any surviving anomalies should be corrected, not perpetuated."

    Keywords:

    appointment; discretion; flaw; independence; organisation; procedure before the tribunal;



  • 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;



  • Judgment 1666


    83rd Session, 1997
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6(c)

    Extract:

    It may not be inferred from Short-Term Rule 3.5 and from the extension of his appointment that the complainant was entitled to the retroactive grant of non-local status. "The effect of the Rule is to bestow retroactively on a short-term official benefits granted to the holder of a fixed-term appointment. If, like the complainant, he belongs to the professional category the place of recruitment will have no bearing on the terms of his appointment. So neither does it have any bearing on entitlements granted retroactively."

    Reference(s)

    Organization rules reference: ILO SHORT-TERM STAFF RULE 3.5

    Keywords:

    appointment; contract; duty station; local status; non-local status; professional category; short-term; staff regulations and rules; terms of appointment;



  • Judgment 1646


    83rd Session, 1997
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6 and 10

    Extract:

    "When an organisation chooses to hold a competition it must abide by its written rules and by the general principles set forth in the case law, particularly insofar as they govern the formal side of the process. [...] As the Appeal Board gathered from the personal records of the candidates on the preselection panel's list, [the successful candidate] had neither the university degree nor the experience that the notice required."

    Keywords:

    applicable law; appointment; candidate; case law; competition; complaint allowed; complaint allowed in part; criteria; decision quashed; degree; due process; international civil service principles; organisation's duties; patere legem; procedure before the tribunal; professional experience; staff regulations and rules; vacancy notice;

    Consideration 11

    Extract:

    "The defendant contends on the strength of the complainant's personal file and his supervisors' reports on his conduct and performance that he was not up to the job anyway. That is neither here nor there. The Union has neglected the cardinal rule of any process of selection: the chosen candidate must have at least the qualifications stipulated in the notice."

    Keywords:

    appointment; candidate; competition; complaint allowed; complaint allowed in part; criteria; decision quashed; due process; organisation's duties; personal file; procedure before the tribunal; qualifications; vacancy notice;



  • Judgment 1595


    82nd Session, 1997
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "Though the qualifications stated in a notice of vacancy are not absolutely binding and the Director General may still exercise some discretion, he may not so utterly discard them as to flout the rules that ensure the proper openness and objectivity of the competition."

    Keywords:

    appointment; competition; complaint allowed; complaint allowed in part; criteria; decision quashed; discretion; executive head; flaw; limits; vacancy notice;

    Consideration 4

    Extract:

    The Tribunal "may not replace the Organisation's assessment of the applicants with its own and order any particular appointment. So the complaint is irreceivable insofar as the complainant is claiming reinstatement in her former duties and permanent appointment to the post."

    Keywords:

    appointment; claim; competence of tribunal; complaint allowed; complaint allowed in part; decision quashed; discretion; judicial review; receivability of the complaint;



  • Judgment 1590


    82nd Session, 1997
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The complainant contends that what the impugned decision entailed was really transfer and a change of post. He is mistaken. The duties of a post are determined by the description of it in the letter of appointment and by any later changes: see Judgments 1103, under 3 and 4, and 1146, under 4 and 7."

    Reference(s)

    ILOAT Judgment(s): 1103, 1146

    Keywords:

    amendment to the rules; appointment; case law; decision; post; post description; transfer;

    Consideration 5

    Extract:

    The complainant says that the parties' clear intent was to put him on a post of terminologist. He is wrong. "He must have realised that the Organisation creates a post by express decision, and that he himself was put on a translator's post even though he was set, at least to begin with, to work on terminology. The post description made it plain that the Organisation might give him other duties without changing his post."

    Keywords:

    appointment; assignment; decision; intention of parties; post; post description;



  • Judgment 1556


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

    Consideration 5

    Extract:

    "Like appointment and promotion, transfer is at the discretion of the executive head of the international organisation and subject to only limited review. The Tribunal may interfere only if the decision was taken ultra vires or shows formal or procedural flaw or mistake of fact or law, or if some material fact was overlooked, or if there was misuse of authority or an obviously wrong inference from the evidence. And the Tribunal will be especially wary in reviewing a transfer since it may not replace the employer's rating of the official with its own."

    Keywords:

    appointment; decision; discretion; executive head; judicial review; limits; promotion; transfer;



  • Judgment 1549


    81st Session, 1996
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "When an organisation wants to fill a post by competition it must comply with the material rules and the general precepts of the case law."

    Keywords:

    appointment; case law; competition; complaint allowed; complaint allowed in part; due process; general principle; international civil service principles; organisation's duties; post; staff regulations and rules;

    Consideration 13

    Extract:

    "The purpose of competition is to let everyone who wants a post compete for it equally. So precedent demands scrupulous compliance with the rules announced beforehand: patere legem quam ipse fecisti."

    Reference(s)

    ILOAT Judgment(s): 107, 729, 1071, 1077, 1158, 1223, 1359

    Keywords:

    appointment; case law; competition; complaint allowed; complaint allowed in part; due process; equal treatment; organisation's duties; patere legem; staff regulations and rules; vacancy;

    Consideration 13

    Extract:

    "Although an organisation [may consider] late applicants, it must, whenever a competition is required or desired, announce a new deadline in the same way as it did the vacancy. It will then commit no breach of equality and the competition will be seen as fair."

    Keywords:

    appointment; candidate; competition; complaint allowed; complaint allowed in part; delay; due process; equal treatment; internal candidate; new time limit; organisation's duties; receivability of the complaint; time limit; vacancy; vacancy notice;

    Consideration 6

    Extract:

    "An official of an international organisation who applies for a vacancy is entitled to have his application considered and assessed according to the set procedure once the organisation admits it under the terms of the vacancy notice. It may not deny that an applicant has a cause of action after it has appointed someone else, especially if the applicant is challenging the appointment on the grounds of breach of his rights in failure to apply the proper procedure".

    Keywords:

    appointment; candidate; case law; cause of action; competition; complaint allowed; complaint allowed in part; due process; internal candidate; organisation's duties; receivability of the complaint; staff regulations and rules; vacancy; vacancy notice;

    Consideration 8

    Extract:

    "Whether [the complainant who is now retired] still has any interest in the quashing of someone else's appointment is moot; but he still has an interest in exposing a breach of due process which may warrant an award of damages: see Judgment 729 [...]."

    Reference(s)

    ILOAT Judgment(s): 729

    Keywords:

    appointment; candidate; cause of action; claim moot; compensation; competition; due process; flaw; internal candidate; post; procedural flaw; receivability of the complaint; retirement;

    Consideration 9

    Extract:

    "Any applicant [for employment], whatever his hopes of success, must be considered in good faith and in line with the basic rules of fair competition."

    Keywords:

    appointment; candidate; competition; complaint allowed; complaint allowed in part; due process; equal treatment; general principle; good faith; internal candidate; organisation's duties; vacancy;



  • Judgment 1527


    81st Session, 1996
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant is challenging the lawfulness of the appointment of another official, who was promoted without a competition to a post for which the complainant considered himself qualified. The Tribunal holds that the post should "have been properly advertised and a selection made by competition." Even though the other official "had been performing the duties for about a year on her own G.7 post of administrative assistant, she could have been appointed to the vacant post only after the prescribed procedure had been followed. the itu was not free to bypass the procedure by promoting her to P.3."

    Keywords:

    appointment; case sent back to organisation; competition; complaint allowed in part; decision quashed; flaw; procedural flaw; promotion; vacancy; vacancy notice;



  • Judgment 1526


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

    Consideration 2

    Extract:

    "Good faith must govern relations between administration and official [...]. It requires each party to a contract to let the other have beforehand any material information on points that may reasonably be seen as decisive. Whether a post is of limited or unlimited duration need not be a matter of indifference to the candidate since the duration may affect stability of employment. The Tribunal is not satisfied, however, and indeed doubts that the want of information influenced the complainant one way or the other."

    Keywords:

    acceptance; appointment; duration of appointment; duty to inform; offer; organisation's duties; post; security of tenure;



  • Judgment 1509


    81st Session, 1996
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    When the complainant lodged a claim to reinstatement "he was neither a serving nor a former official of UNIDO, to which he was no more than an outside applicant for employment and whose decision was in fact a refusal to recruit him. That decision raises no question of non-observance of the terms of appointment of an official of UNIDO, or of its Staff Regulations. So again the Tribunal may not entertain the claim."

    Keywords:

    appointment; breach; candidate; competence of tribunal; competition; complainant; contract; external candidate; locus standi; official; refusal; reinstatement; staff regulations and rules; status of complainant;

    Consideration 11

    Extract:

    The complainant was assigned to a joint service of the United Nations and UNIDO at Vienna. The service was under UNIDO management. But "it was the United Nations that offered him both the appointments which he had while he was at Vienna, and it was to the United Nations that he addressed his acceptance of each offer, thereby concluding a contract of employment with the UN. Indeed that is why he addressed his letter of resignation to the Secretary-General of the UN. True, he addressed it to the Director-General of UNIDO as well, but that was merely in recognition of UNIDO's supervision of his work and did not mean that the un had ceased to be his employer. In sum, he was an official, not of UNIDO, but of the UN."

    Keywords:

    acceptance; appointment; complainant; contract; offer; official; organisation; resignation;



  • 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;

    Consideration 7

    Extract:

    "The conclusion [of the Tribunal] is that in appointing [the successful applicant] the Organization broke the basic rule of any process of selection that the successful applicant must have all the minimum qualifications required in the notice of vacancy."

    Keywords:

    appointment; candidate; competition; complaint allowed; condition; due process; qualifications; vacancy notice;

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