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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 1004


    68th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    The complainant's candidature in an internal competition was rejected on the grounds that he had not served the ILO for an unbroken period of two years. He submits that the Staff Regulations nowhere lay down such a condition. The plea fails. The two-year requirement was clear from the competition announcement; it also appears to have been a standard and long-standing condition for entering internal ILO competitions.

    Keywords:

    appointment; competition; condition; internal competition; no provision; practice; vacancy notice;

    Summary

    Extract:

    In accordance with Circular No. 380 (Series 6) of 3 March 1987, the complainant, who had taken early retirement, was reappointed under a short-term contract. The decision he impugns is one denying him the right to enter internal competitions on the grounds that he had not yet acquired two years' continuous service since his reappointment. The Tribunal holds that the decision was in keeping with Article 4.11 of the Staff Regulations which says that "a former official, on reappointment, shall be regarded for the purpose of these Regulations, as becoming an official for the first time". The complaint is dismissed.

    Reference(s)

    Organization rules reference: ARTICLE 4.11 OF THE ILO STAFF REGULATIONS; CIRCULAR 380 (SERIES 6) OF 3 MARCH 1987

    Keywords:

    appointment; candidate; competition; condition; consequence; early retirement; internal competition; refusal; retirement;



  • Judgment 958


    66th Session, 1989
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The Director-General has wide discretion to appoint, transfer and promote staff in the interests of the organization he heads. But his authority is not unqualified, and the Tribunal will review his decisions".

    Keywords:

    appointment; competition; discretion; judicial review;

    Consideration 17

    Extract:

    "Unless there is express derogation the rule is that the organisation need not, if that is not its practice, state the reasons for all its decisions: what matters is that the absence of a statement should not be to the staff member's detriment."

    Keywords:

    appointment; candidate; duty to substantiate decision; injury; lack of injury; selection board;



  • Judgment 957


    66th Session, 1989
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant contends that his professional experience was not properly reckoned in accordance with Circular 144 of 2 September 1985. He alleges breach of the principle of equal treatment inasmuch as his seniority was lower than that granted to someone with equivalent professional experience recruited as an A3 examiner. His plea fails "because the material provisions of the service regulations deal with promotion within the organisation as distinct from the attributions of grade and step on appointment: the comparison he is drawing is between staff members who are not in the same position in law."

    Reference(s)

    Organization rules reference: CIRCULAR 144

    Keywords:

    appointment; difference; equal treatment; grade; professional experience; promotion; reckoning; seniority; step;



  • Judgment 953


    66th Session, 1989
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The organisation has not discriminated against the complainant. Appointment is different from promotion and different rules may apply in determining the step due on appointment and the step due on promotion."

    Keywords:

    appointment; difference; equal treatment; professional experience; promotion; reckoning; seniority; step;



  • Judgment 886


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    In Judgment 855, "under 16, the Tribunal upheld its earlier ruling in Judgment 657 of 18 March 1985 [...]: there was nothing improper about applying the eight-year rule, which was indeed in keeping with the Administrative Council's guidelines. [The complainant] had no right to fare better on the strength of a method of reckoning that had been superseded by the time he took up duty, the less so since he had been told of the terms of appointment in force at the time and had consented to them."

    Reference(s)

    ILOAT Judgment(s): 657, 855

    Keywords:

    administrative instruction; amendment to the rules; appointment; date; enforcement; professional experience; provision; reckoning; seniority; terms of appointment;

    Consideration 10

    Extract:

    "The complainant was recruited from the British Office before the guidelines in Circular 144 came in but in the
    course of a period in which the guidelines had retroactive effect. For the reasons stated in Judgment 855 under 12
    and 13, the Tribunal holds that he was governed by the rules in force before Circular 144 and at the time of his
    recruitment."

    Reference(s)

    Organization rules reference: CIRCULAR 144
    ILOAT Judgment(s): 855

    Keywords:

    administrative instruction; amendment to the rules; appointment; consequence; date; enforcement; provision; transitional measures;



  • Judgment 881


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12 and 13

    Extract:

    The complainant asks that his professional experience be reckoned anew. "Professional experience and further studies will count under the guidelines only if subsequent to the date of the degree or diploma that qualifies for recruitment. [...] Periods of study, training or other experience prior to obtaining the professional qualification required for appointment to the EPO do form part of the qualification for which they constitute preparation and cannot count all over again as professional experience."

    Keywords:

    appointment; condition; degree; professional experience; reckoning; seniority;

    Consideration 14

    Extract:

    "Likewise immaterial are the level and length of the experience [the complainant] says should count, and how long such experience must be to be treated as exceptional under I.1 [of Circular 144]. Such questions arise only where the applicant has no degree but is recruited on the strength of exceptional practical experience."

    Reference(s)

    Organization rules reference: POINT I.1 OF CIRCULAR 144

    Keywords:

    appointment; degree; exception; professional experience; subsidiary; terms of appointment;



  • Judgment 860


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    As to identity in the cause of action, Mr [A.] notes that the Tribunal had in part rejected the complainants' plea of breach of good faith on the grounds that they had taken up duty after the new criteria had taken effect. Mr [A.] contends that this reasoning does not apply to him insofar as he had taken up duty before the change in rules. The Tribunal acknowledges that there is on this point a new cause of action; however it holds on the merits that a staff member has no right, save in exceptional cases, to demand that the rules on promotion in force at the time of appointment should never be modified.

    Reference(s)

    ILOAT Judgment(s): 657

    Keywords:

    acquired right; amendment to the rules; application for review; appointment; date; effective date; general principle; good faith; practice; promotion; provision; receivability of the complaint; res judicata; same cause of action; terms of appointment;



  • Judgment 845


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant claims 'rapid promotion' by virtue of the exception provided for in paragraph 64 of document CA/PV 10 concerning EPO staff members who were recruited before 1 January 1981. Inasmuch as the complainant was appointed after that date, he is not entitled to the promotion.

    Keywords:

    administrative instruction; appointment; date; effective date; enforcement; personal promotion; promotion;

    Consideration 4

    Extract:

    "Even if an examiner appointed after 1 January 1981 had been promoted contrary to the rapid promotion rule in CA/20/80, that is no reason for unlawfully promoting the complainant. As the Tribunal stated in Judgment 614, a complainant may not rely on unlawful treatment which conferred benefit on other staff members: equality in law does not mean equality in the breach of it."

    Reference(s)

    ILOAT Judgment(s): 614

    Keywords:

    appointment; date; difference; effective date; equal treatment; exception; flaw; general principle; personal promotion; promotion;



  • Judgment 824


    62nd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Tribunal may not replace with its own the Director-General's assessment of a staff member's conduct, work and qualifications. All it may do in the matter of an appointment, promotion or transfer is review the decision to see whether it was taken without authority, or whether there was a procedural or formal flaw, or a mistake of law or of fact, or abuse of authority, or a mistaken conclusion from the evidence, or whether some essential fact was overlooked."

    Keywords:

    appointment; conduct; discretion; judicial review; promotion; qualifications; transfer; work appraisal;



  • Judgment 809


    61st Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "The Director-General omitted to consult the Executive Board of Unesco before taking his decision, though Article 54 of the Board's Rules of procedure reads: 'The Director-General shall consult the members of the Executive Board with regard to the appointment or renewal of a contract of officials at D.1 and above whose posts come under the regular budget of the organization.'" The decision to appoint the complainant to an unclassified post is therefore tainted with a fatal flaw.

    Reference(s)

    Organization rules reference: ARTICLE 54 OF THE RULES OF PROCEDURE OF THE EXECUTIVE BOARD OF UNESCO

    Keywords:

    appointment; assignment; breach; complaint allowed; complaint allowed in part; consultation; executive body; executive head; extension of contract; flaw; organisation's duties; professional category; written rule;



  • Judgment 794


    60th Session, 1986
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    According to PAHO provisions in force, the holder of a professional post must have a university degree [the general rule]. However, an exception may be made for a person who "has attained a body of theoretical knowledge in a recognised field through personal application or effort".

    Keywords:

    appointment; condition; degree; exception; professional category; professional experience;



  • Judgment 791


    60th Session, 1986
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The organization argues that because the post was regraded there was no longer any point in the complainant's challenging the lawfulness of the appointment. "The plea relates only to part of [the complainant's] claims and it fails anyway. As an unsuccessful candidate he may challenge any decision that served to invalidate the holding of the competition."

    Keywords:

    amendment to the rules; appointment; candidate; cause of action; competition; other; post classification; receivability of the complaint;



  • Judgment 763


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Even if the decisions appointing the complainants were tainted with a formal flaw [...] the decisions were challengeable under the internal appeals procedure and before the Tribunal. The formal flaws the complainants allege did not suspend the time limits".

    Keywords:

    appointment; flaw; formal flaw; internal appeal; new time limit; receivability of the complaint; time limit;



  • Judgment 755


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The distinction between the reckoning for starting step and the reckoning for promotion is plain from the actual wording of the rules. The distinction warrants different treatment, and there is no breach of the principle of equality where the treatment is a fair, reasonable and logical outcome of circumstantial differences."

    Keywords:

    appointment; difference; equal treatment; professional experience; promotion; reckoning; seniority; step;



  • Judgment 739


    58th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    In 1984, after the President of the Office adopted new rules to take account of the Tribunal's case law, the complainant was awarded a further step in his grade and additional seniority. He is asking that the impugned decision take effect not as from 1 January 1984 as called for by the new rules but as from 1 June 1982, the date when he took up his appointment. The plea fails. The Tribunal observes that, far from discriminating, the impugned decision corrects an existing element of inequality and if there remains inequality it is due to the terms of the complainant's appointment, which were not challenged within the prescribed time limits.

    Keywords:

    amendment to the rules; appointment; date; effective date; enforcement; equal treatment; grade; professional experience; provision; reckoning; seniority; step;



  • Judgment 734


    58th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant alleges breach of the principle of equality by a change in the rules governing the reckoning of professional experience from 1 January 1981 which is unfavourable to officials who, like himself, were recruited after that date. The Tribunal holds that the principle of equality does not require that officials appointed at different times should be treated alike.

    Reference(s)

    ILOAT Judgment(s): 694, 695

    Keywords:

    administrative instruction; amendment to the rules; appointment; date; difference; enforcement; equal treatment; professional experience; provision; reckoning; seniority;



  • Judgment 670


    56th Session, 1985
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The Selection Committee recommended the appointment of the complainant. The selection procedure was declared void by the Director and a new selection procedure initiated. There is not sufficient evidence of the Director having acted out of personal animosity against the complainant. There is evidence that he allowed certain criteria to take on exaggerated importance and he misunderstood the role of the Selection Committee. When setting the amount of compensation, it should be noted that this is the second time the Director has flaunted a recommendation favouring the complainant.

    Keywords:

    appointment; competition; competition cancelled; complaint allowed; decision quashed; recommendation; selection board;



  • Judgment 664


    56th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant, who was the victim of an accident, took up duty after the date originally agreed upon. The date on which she took up duty was set as her date of appointment. The delay in her recruitment did not lead to novation of the whole contract. Only one of the terms of the contract was altered. The others remained in force and were applied in full. The suspension of the contract did not lead to its annulation. If it had, the organisation might have refused to appoint the complainant when she became fit to start work. "Yet that would have been neither fair nor reasonable."

    Keywords:

    amendment to the rules; appointment; contract; date; elements; professional accident;

    Consideration 2

    Extract:

    The Service Regulations provide for the date on which an appointment takes effect not to be prior to the date on which the official takes up his duties except in case of force majeure. This is "a corollary of the general rule that a unilateral act may not be retroactive." The organisation held "the belief that one term of the contract which governed relations between the two sides had proved unenforceable because of an incident beyond its control." The complainant, who had been injured in an accident, was not fit to report for duty on the date she was due to start; there was not force majeure.

    Keywords:

    appointment; contract; date; exception; force majeure; professional accident;



  • Judgment 657


    55th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The wording of the relevant guidelines "is such that they cannot be treated as a mere statement of policy: they set objective criteria for dealing with individual cases."

    Keywords:

    administrative instruction; appointment; binding character; criteria; general decision; grade; promotion; step;

    Consideration 6

    Extract:

    The job descriptions require five years' experience for promotion. It is clear from the guidelines that is a minimum requirement. "The President therefore acted correctly, when he came to apply the provisions on the minimum requirements, in adopting a requirement of eight years' experience for both recruitment and promotion [...] A requirement of eight years' experience is compatible with the rules."

    Keywords:

    appointment; condition; post description; professional experience; promotion;



  • Judgment 648


    55th Session, 1985
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    It is proper for an organization to wish to have full information on candidates in order to secure staff of sound technical competence and high moral integrity. "Whether the candidate qualifies is a matter which the executive head must be left to determine at his discretion, and the Tribunal will not review the exercise of such discretion."

    Keywords:

    appointment; condition; discretion; fitness for international civil service; judicial review; qualifications;

    Consideration 4

    Extract:

    Before formally offering the candidate an appointment, the organization will ask for information from his employer and other suitable referees. "The Tribunal sees nothing untoward in taking account of such information in recruiting an international civil servant, the practice deriving from a reasonable desire to have full information on candidates and secure staff of sound technical competence and high moral integrity."

    Keywords:

    appointment; condition; evidence; offer; qualifications;

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