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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: 180

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  • Judgment 1477


    80th Session, 1996
    International Training Centre of the International Labour Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "When [a selection] process proves flawed the Tribunal will quash any decisions it engendered and order resumption with due heed to the rules, albeit on the understanding that the organisation must shield the successful candidate from any injury that else may flow from the quashing of an appointment accepted in good faith."

    Reference(s)

    ILOAT Judgment(s): 1359

    Keywords:

    appointment; case sent back to organisation; competition; competition cancelled; complaint allowed; complaint allowed in part; decision quashed; flaw; injury; procedural flaw; staff member's interest;

    Consideration 10

    Extract:

    "As the Tribunal held in Judgment 1359 [...], an organisation must be careful to abide by the rules on selection and appointment. When the process proves flawed the Tribunal will quash any decisions it engendered and order resumption with due heed to the rules".

    Reference(s)

    ILOAT Judgment(s): 1359

    Keywords:

    appointment; case law; case sent back to organisation; competition; competition cancelled; complaint allowed; complaint allowed in part; consequence; decision quashed; due process; flaw; procedural flaw; subsidiary;



  • Judgment 1432


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "It is immaterial to the fact of recruitment that the decision to recruit her may have been taken ultra vires. [...] The organization must bear the consequences of any decision taken by someone it has itself appointed for the purpose".

    Keywords:

    appointment; complaint allowed; complaint allowed in part; contract; decision; decision quashed; decision-maker; lack of consent; liability; organisation; organisation's duties;

    Consideration 12

    Extract:

    It is immaterial to the fact of recruitment that the decision to recruit her [...] may not have followed the necessary formalities. [...] The lack of prior medical clearance for the new post does not amount to a fatal flaw in the mutual agreement between the WHO's agents and the complainant."

    Keywords:

    appointment; complaint allowed; complaint allowed in part; contract; decision quashed; lack of consent; medical examination;



  • Judgment 1422


    79th Session, 1995
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The Tribunal has ruled in Judgment 988 "that Regulation 4.9 allows the Secretary-General to promote someone even against the Appointment and Promotion Board's advice and is intended as a safeguard to ensure compliance with the rules on appointment and promotion. The intent is not to enable the Secretary-General to prefer a weaker candidate on compassionate or indeed any other grounds."

    Reference(s)

    Organization rules reference: ITU STAFF REGULATION 4.9
    ILOAT Judgment(s): 988

    Keywords:

    advisory body; advisory opinion; appointment; case law; discretion; due process; enforcement; executive head; interpretation; promotion; promotion board; safeguard; selection board; staff regulations and rules;



  • Judgment 1396


    78th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant objects to the grade she got when she took up her appointment. The Tribunal observes that the vacancy notice stated that the post could be filled at that grade. "She accepted the offer, before being actually appointed, both by her answer to [the organisation's offer] and by signing the letter of appointment. She thereby surrendered her right to challenge ex post facto any clause of the contract of service which she freely consented to and which was the prerequisite of her becoming a Eurocontrol official.

    Keywords:

    acceptance; appointment; competition; contract; grade; offer; vacancy notice;



  • Judgment 1390


    78th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    "To what extent must an administration substantiate its decisions? The answer is that it depends on the sort of decision that is to be substantiated. In the present case a distinction must be drawn between the rejection of an external application, particularly where a competition has attracted many candidates, and the rejection of an application by a serving official. In the latter case the organisation has a duty to maintain the relations of trust it has with the staff member, and although it must remain free to choose how it will notify the reasons to him it must be wary of damaging his career prospects."

    Keywords:

    appointment; candidate; case sent back to organisation; competition; competition cancelled; complaint allowed; decision quashed; discretion; duty to substantiate decision; internal candidate; organisation's duties; purport; refusal; staff member's interest;

    Consideration 27

    Extract:

    Article 15 of Annex 1 to the Eurocontrol Convention says that "the Agency shall be empowered to recruit personnel directly only if the contracting parties are unable to make qualified personnel available to it". The Tribunal holds that the provision "limits the organisation's freedom to recruit by giving priority to candidates prescribed by the contracting parties over 'outside' candidates, but it puts no restrictions on the organisation's freedom to assess the suitability of applicants, wherever they may come from, nor its right to give serving staff a reasonable opportunity of advancement provided that they are as well qualified as other candidates."

    Reference(s)

    Organization rules reference: ARTICLE 15 OF ANNEX 1 TO THE EUROCONTROL CONVENTION

    Keywords:

    appointment; candidate; career; case sent back to organisation; competition; competition cancelled; complaint allowed; decision quashed; discretion; equal treatment; internal candidate; international instrument; interpretation; legitimate expectation; member state; official; priority; promotion; qualifications;



  • Judgment 1382


    78th Session, 1995
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4, 5 and 6

    Extract:

    The complainant was a locally recruited official in the general service category whose appointment was terminated after the paho abolished his post. He submits that the Organization ruled out the possibility of reassignment by limiting the geographical scope of a competition. The plea fails. WHO Manual paragraph II.9.290 confers no right on general service staff to reassignment on a post outside their duty station. Staff Rule 510.1 precludes reassignment of such staff outside their duty station unless there is mutual agreement and under Rule 1310.2 all posts in the general service category are subject to local recruitment.

    Reference(s)

    Organization rules reference: WHO MANUAL PARAGRAPH II.9.290; PAHO STAFF RULE 510.1; PAHO STAFF RULE 1310.2

    Keywords:

    appointment; duty station; general service category; interpretation; local status; reassignment; right; staff regulations and rules; written rule;



  • Judgment 1364


    77th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    In his first complaint the complainant is seeking "a retroactive benefit that would be at variance with the terms of his original appointment, to which he consented and which designated Varese as his home. The EPO is therefore right to refuse any change in that determination as to the past."

    Keywords:

    acceptance; amendment to the rules; appointment; decision; home; home leave; non-retroactivity; refusal; request by a party;



  • Judgment 1359


    77th Session, 1994
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    One consistent requirement the regulations lay down for filling posts "is the appointment of a selection board that may consider all applicants [...] who qualify under one and the same notice of vacancy. As was said in Judgment 1223, that formal requirement affords every applicant a basic safeguard of open and objective decision-making, and it holds good whether the applicant wants promotion, transfer or a change of category."

    Reference(s)

    ILOAT Judgment(s): 1223

    Keywords:

    appointment; candidate; case law; competition; complaint allowed; complaint allowed in part; decision quashed; organisation's duties; procedure before the tribunal; promotion; safeguard; selection board; staff regulations and rules; transfer; vacancy notice;



  • Judgment 1355


    77th Session, 1994
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "According to the case law - especially Judgment 1235 [...] - the Director-General is not bound by the appointment and Promotion Committee's recommendations and in particular need not appoint the candidate the Committee has put first. In the exercise of discretion, he must ensure that his choice is not tainted with any mistake of law or fact and, to allow the tribunal to exercise its power of review, he must state the reasons for his decision."

    Reference(s)

    ILOAT Judgment(s): 1235

    Keywords:

    advisory body; advisory opinion; appointment; candidate; case law; competition; discretion; duty to substantiate decision; executive head; judicial review; limits; mistake of fact; promotion board;

    Consideration 10

    Extract:

    The Tribunal rejects his plea "that the Director-General erred in law by assuming that he was empowered to disregard the Appointment and Promotion Committee's 'decisions'. What the Committee does is advise, not decide, and the Director-General simply exercised his discretion in choosing between the candidates on its short-list. Although [...] he must exercise such discretion lawfully he is not bound by the Committee's ranking of candidates."

    Keywords:

    advisory body; advisory opinion; appointment; candidate; competition; condition; decision; discretion; executive head; promotion board;

    Consideration 8

    Extract:

    "There is no rule or principle of law that requires the Director-General to state in so many words just why he has turned someone down for promotion or appointment. What matters is that, if the official asks, the reasons must be revealed. Otherwise the Tribunal may not exercise its power of review and determine whether the reasons are lawful and the decision sound."

    Keywords:

    appointment; candidate; decision; duty to substantiate decision; general principle; grounds; judicial review; no provision; official; organisation's duties; post; promotion; refusal; request by a party; subsidiary; written rule;



  • Judgment 1315


    76th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The Tribunal quashes the results of a competition because the appointment procedure was tainted with bias. This entails the quashing of the appointment of an external candidate. "The Tribunal expects that the President will take such measures as will ensure that [the external candidate], who accepted the [appointment] in good faith, suffers no material injury."

    Keywords:

    appointment; bias; competition; competition cancelled; complaint allowed; decision quashed; flaw; good faith; misuse of authority; open competition; organisation's duties;



  • Judgment 1272


    75th Session, 1993
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    If someone from outside of the organization who was picked on the strength of experience and qualifications "is given responsibilities that confer authority over serving staff or entail even a temporary change in the organisation's structure, his appointment must comply with the usual rules on the establishment and filling of posts. That is so even where the contract he signs stipulates that he shall not be an international civil servant."

    Keywords:

    appointment; complaint allowed; contract; creation of post; decision quashed; due process; external collaborator; staff regulations and rules; supervisor;

    Consideration 16

    Extract:

    To apply rules that make the competence of a candidate and his prior service in the organisation paramount considerations in filling vacancies means "that at the very least the staff must be told of the vacancy or of the creation of a post and anyone who wants to apply must be allowed to do so and must have the application considered according to objective criteria."

    Keywords:

    appointment; candidate; complaint allowed; creation of post; decision quashed; duty to inform; organisation's duties; post; vacancy; vacancy notice;

    Consideration 12

    Extract:

    "An international civil servant does derive a cause of action from an appointment by an organisation and it does not [...] depend on his being a serious contender for the post or caring deeply about it. All that is required is that he want the vacant post and, whatever his qualifications for it or his prospects of success may be, the Tribunal will acknowledge the cause of action by enforcing any rights the organisation may have infringed."

    Keywords:

    appointment; candidate; cause of action; competition; complaint allowed; decision; decision quashed; judicial review;



  • Judgment 1249


    74th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The organization decided not to extend the complainant's appointment on the grounds that the authorities of his country were unwilling to release him any longer. "The organization makes out that, having derived from his status as a 'seconded' official the privilege of being relieved of going through the usual competitive process, the complainant may not, according to the doctrine of estoppel, 'take advantage of a special situation in his favour and then later deny the validity of this in order to obtain some further advantage'. The simple answer to that is that the organization bypassed the usual procedure because of an understanding it had with [a Member State]. So it may not properly expect the complainant to suffer for its own failure to follow the usual procedure as laid down in its rules."

    Keywords:

    appointment; breach; competition; complainant; complaint allowed; complaint allowed in part; contract; decision; decision quashed; enforcement; fixed-term; general principle; good faith; non-renewal of contract; procedure before the tribunal; secondment; staff regulations and rules;



  • Judgment 1235


    74th Session, 1993
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The complainant took part in a competition as an internal candidate and his name was first on the short list drawn up by the Appointment and Promotion Committee. He is challenging the Director-General's decision to appoint an external candidate to the post he applied for. The decision rested on considerations of geographical distribution and UPU Staff Regulation 4.1. The Union pleads that when three posts as head of section fall vacant at the same time at least one successful candidate must be an outside one so as not to impede "the recruitment of fresh talent" that Regulation 4.3 requires. "But that is not at all what 4.3 says. equitable geographical distribution is a criterion that plainly is to apply only to recruitment, not to promotion, and there is no requirement in the Staff rRgulations or Rules that the Director-General recruit 'fresh talent' just because three posts as head of section have to be filled at the same time. The Director-General was obviously wrong in putting that construction on the rule."

    Reference(s)

    Organization rules reference: UPU STAFF REGULATION 4.3

    Keywords:

    appointment; candidate; competition; complaint allowed; decision quashed; geographical distribution; internal candidate; interpretation; staff regulations and rules; written rule;

    Consideration 3

    Extract:

    "Although the Director-General is not of course bound to appoint the candidate the Committee puts first and has discretion in making the choice, the reasons for his decision must be stated so that the Tribunal may properly exercise its power of review."

    Keywords:

    appointment; candidate; competition; complaint allowed; decision quashed; discretion; duty to substantiate decision; judicial review; limits; organisation's duties; promotion board; purpose;



  • Judgment 1223


    74th Session, 1993
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "True, a staff member may not assert any right to promotion and the choice of the successful applicant is at the discretion of the administration, which alone may appraise the organisation's interests. Yet the exercise of discretion is subject to restrictions in law and the Tribunal will to that extent review the decision: see for example Judgment 1016 [...]. So the staff member has undeniably the right to file an internal appeal or a complaint with the Tribunal if he believes that the appointment to a vacancy he has applied for is improper."

    Reference(s)

    ILOAT Judgment(s): 1016

    Keywords:

    appointment; candidate; case law; cause of action; competition; complaint; complaint allowed; complaint allowed in part; decision quashed; discretion; internal candidate; judicial review; limits; organisation's interest; promotion; receivability of the complaint; refusal; right; vacancy notice;

    Consideration 30

    Extract:

    The complainant, a Eurocontrol official, challenges the rejection of his application to a post of head of division and the appointment of an external candidate to that post. He alleges that the recruitment procedure was unlawful. "The Tribunal will not interfere in drafting a notice of vacancy or comparing candidates who respond to the notice. But for Eurocontrol to open a competition for serving officials and then change the terms of recruitment sub rosa so as to deny them any real chance of success was in breach of the duty of trust and fairness the organisation owes its staff."

    Reference(s)

    ILOAT Judgment(s): 1016

    Keywords:

    appointment; candidate; competition; complaint allowed; complaint allowed in part; decision quashed; discretion; due process; equal treatment; good faith; judicial review; organisation's duties; vacancy notice;



  • Judgment 1196


    73rd Session, 1992
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    The complainants, who belong to the professional and higher categories of staff, contend that the repeal of a provision in the Staff Regulations which insure the stability of their conditions of pay discriminated in favour of local staff. "According to consistent precedent the distinction between international and local staff is a fundamental one inherent in the very nature of an international organisation. It is due to the peculiar circumstances in which such organisations work and it is concurred in, with both its advantages and its drawbacks, by anyone who seeks employment with them, be it in one category of staff or in the other. Each category of staff offers career prospects and conditions of recruitment and pay that differ according to its own requirements, and a staff member may not plead breach of equal treatment if treated differently because he belongs to one category rather than to the other."

    Keywords:

    appointment; career; case law; equal treatment; general service category; international civil service principles; local status; non-local status; professional category; salary;



  • Judgment 1177


    73rd Session, 1992
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "When the Director-General's decision is not based on the results of an examination marked by an independent body, he has a wide degree of discretion in making an appointment and granting promotion. Though he is not bound by any recommendation from an advisory body, his authority does not make referral to such a body pointless. A selection body relieves him of the burden of carrying out an assessment himself. It ensures that all applications for appointment or promotion, whatever their source, shall be examined impartially and on the merits. And its report enables the Tribunal to appraise the background to the impugned decision and determine whether it shows any flaw."

    Keywords:

    advisory body; appointment; competition; discretion; further submissions; interlocutory order; judicial review; promotion; promotion board; recommendation; report;



  • Judgment 1151


    72nd Session, 1992
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "According to consistent precedent, a decision to appoint or promote a staff member, even though it is a matter of discretion, may be set aside, and one flaw that will be fatal is that it was taken without authority."

    Keywords:

    appointment; case law; competence; complaint allowed; decision; decision quashed; decision-maker; discretion; judicial review; promotion;



  • Judgment 1127


    71st Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 30

    Extract:

    "A decision not to confirm a probationer's appointment is at the Director General's discretion and, according to well-established precedent, a discretionary decision may be set aside only if it was taken without authority [etc.] "There will be especial caution in reviewing a decision not to confirm the appointment of a probationer in the light of the material criteria. "Where the reason for refusal of confirmation is, as in the present case, unsatisfactory performance the Tribunal will not replace with its own the organisation's assessment of the official's fitness."

    Keywords:

    appointment; discretion; judicial review; probationary period; termination of employment; unsatisfactory service;



  • Judgment 1107


    71st Session, 1991
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant, who joined CERN as a fireman, was transferred from a night-shift post to one confined to day work. The offer of the new post said that staff who gave up shift work could be compensated for loss of the shift allowance at digressive rates over three years. The Director- General decided to grant him compensation over a period of only one year. The Tribunal sets the decision aside on the grounds that "an offer of appointment holds good until it is withdrawn or accepted in good faith and without qualification, when it amounts to a contract."

    Keywords:

    acceptance; appointment; binding character; compensatory allowance; compensatory measure; complaint allowed; contract; decision quashed; elements; good faith; offer; reduction of salary; salary; transfer;



  • Judgment 1077


    70th Session, 1991
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    PAHO Staff Regulation 4.4 gives preference to inside candidates for promotion, all other things being equal. Two editors on temporary posts were appointed after the holding of a competition. The Tribunal holds that an organisation must avoid so giving inside candidates the impression of subterfuge.

    Reference(s)

    Organization rules reference: PAHO STAFF REGULATION 4.4

    Keywords:

    appointment; candidate; competition; internal candidate; priority;

    Consideration 4

    Extract:

    "A decision by an international organisation to make an appointment is a discretionary one and is therefore subject only to limited review. It may be quashed only if it was taken without authority [etc]. 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 Selection Committee and the executive head full responsibility for their choice."

    Keywords:

    appointment; competition; discretion; judicial review; limits;

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