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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 636


    54th Session, 1984
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The appeal is against a decision to fill a post for which the complainant had been rejected four months before. As such the appeal is unarguable unless it can be shown that the two events are linked. The complainant must show that the true reason for his rejection [...] was not his lack of qualification but was an abuse of power, being wrongly motivated by the intention to secure the appointment of [another official] in the following months. The evidence tendered [...] falls far short of this."

    Keywords:

    appointment; candidate; competition; lack of evidence; misuse of authority; vacancy;



  • Judgment 619


    53rd Session, 1984
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The Tribunal is not competent to compare the candidates' merits; it will merely determine whether there was any prejudice in the impugned decision. There is no reason to suppose that in preferring [Mrs. X] the FAO was actuated by any considerations other than merit. Indeed its impartiality is borne out by the fact that [...] the majority of the selection board were in favour of the successful candidate."

    Keywords:

    appointment; competition; selection procedure; vacancy;



  • Judgment 613


    53rd Session, 1984
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant, a citizen of the United States on a visit to Alexandria, was granted a short-term appointment. That appointment, on the basis of local recruitment, was extended several times. He was then given a fixed-term appointment on the basis of local recruitment. The Tribunal observes that this last contract converted the earlier ones; by signing the contract without making any objection, the complainant accepted his local-recruitment status. The request for non-local status is dismissed.

    Keywords:

    acceptance; appointment; contract; local status; non-local status; short-term; terms of appointment;



  • Judgment 568


    51st Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    When the organisation [EPO] was created, it had to recruit a large staff; "when fixing the initial grade, [it had] to take into account experience gained, first in patent offices and, second, in industry generally. [...] The organisation distinguishes between the first and second categories. [...] In the opinion of the Tribunal the distinction is not unreal and the complainant has not shown any breach of [the principle of equality of treatment]."

    Keywords:

    appointment; difference; equal treatment; grade; professional experience;



  • Judgment 564


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Endorsing the result of a competition held to fill a new post is a discretionary decision and is subject only to limited review by the Tribunal. "In this instance the Tribunal will exercise its power with especial caution, its function being not to judge the candidates on merit but to allow the Selection Board and the Director-General full responsibility for their choice."

    Keywords:

    appointment; candidate; competition; discretion; judicial review;

    Consideration 8

    Extract:

    The complainant was not appointed to a post for which he had applied. "The Tribunal will not declare whether the complainant was fit to hold the post. It merely observes that his possession of the qualifications he mentions does not mean that he was necessarily the right person for the vacancy."

    Keywords:

    appointment; candidate; competition; judicial review; qualifications; seniority; vacancy;



  • Judgment 551


    50th Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Although international organisations may determine quotas for recruitment for the purpose of preserving or developing the international character of the staff, officials are normally entitled to objective treatment after they have taken up duty. This is a general rule. If in any particular case it can be shown that a scheme for determining quotas on recruitment would not work satisfactorily unless it was extended in a limited way to subsequent promotion, an exception may be justified."

    Keywords:

    appointment; equal treatment; geographical distribution; nationality; promotion;



  • Judgment 545


    50th Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    On taking up duty, the complainant knew that he would be in grade B.4, which he would hold until reaching the age of 30, even though his post was normally graded B.5. By accepting the appointment and unconditionally starting work, he clearly indicated his acceptance of the terms of appointment as offered. To apply some few months later for review of the terms of appointment was to go against the organisation's "reasonable expectation and to act in breach of the principle of good faith, and his application was correctly rejected for that reason."

    Keywords:

    acceptance; appointment; good faith; grade; terms of appointment;



  • Judgment 535


    49th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5, 6 and 7

    Extract:

    There would be abuse of authority if the grounds alleged by the organization to justify the appointment were a pretext; if the organization had appointed an official obviously less well qualified than the complainant; if the organization had shown favouritism to the appointed official at the expense of other candidates. No such charges are borne out by the evidence.

    Keywords:

    appointment; candidate; judicial review; misuse of authority; vacancy;



  • Judgment 528


    49th Session, 1982
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It is for the employer to make proper arrangements for a comprehensive check-up of the applicant for employment. To expect him to prove that he is in perfect health would be to require him to disprove the existence of any impairment, and that is simply not feasible. [...] The burden is [however] on [the complainant] to satisfy the Tribunal with positive proof, that his impairment was service-incurred."

    Keywords:

    appointment; burden of proof; complainant; illness; medical examination; medical fitness; organisation; service-incurred;



  • Judgment 524


    49th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "[It is not] in breach of the principle of equality of treatment to demand any particular language qualifications or specialised knowledge for a vacancy. The principle requires equal treatment and absence of discrimination only where the circumstances are similar. Where the very nature of the post to be filled makes special qualifications necessary, it is reasonable and right for the organisation to require that candidates possess them."

    Keywords:

    appointment; competition; condition; equal treatment; judicial review; knowledge of languages; qualifications; vacancy;



  • Judgment 521


    49th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant, like two other candidates [Judgments Nos. 519 and 520] was rejected for a particular vacancy for lack of a university degree. "Had it not been for this lack, he would have had a strong claim to be considered, since he had for five years been second in command of the unit to which the post belonged and during an earlier vacancy he had for over a year been in charge of the unit."

    Reference(s)

    ILOAT Judgment(s): 519, 520

    Keywords:

    appointment; candidate; competition; condition; degree; professional experience; qualifications; vacancy;

    Considerations

    Extract:

    The Board of Appeal expressed the opinion that the educational requirements for the post in question were excessive and tended to restrict staff career opportunities. "The point can be brought within the competence of the Tribunal only if there is an allegation, which in this case there is not, that the imposition of minimum qualifications is a breach of some regulation or rule or of some term of the complainant's contract of employment."

    Keywords:

    appointment; competence of tribunal; competition; condition; degree; judicial review; qualifications; vacancy;



  • Judgment 519


    49th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant's application for an appointment was eliminated because he did not meet the minimum qualification [a university degree]. "He asserts, which may be right, that the qualifications are higher than those needed for the job", but does not support the allegation. He makes other allegations of procedural irregularities and general prejudice against him, "allegations which it is unnecessary to consider since, so long as the educational qualification stands, the rejection of the complainant was inevitable."

    Keywords:

    appointment; candidate; competition; condition; degree; judicial review; professional experience; qualifications; vacancy;



  • Judgment 506


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The organization adopted a more flexible approach in the application of the new rule: "Those [officials] appointed before the Finance Committee made its recommendation, who before had been informed of the possibility of qualifying for non-local status, or might have been, were still able to obtain such status despite the wording of the rule. There was strict application only to those appointed after the recommendation. The distinction between those appointed before and those appointed after rested on the fact that the former, unlike the latter, had or might have had the expectation of qualifying for non-local status some day."

    Keywords:

    amendment to the rules; appointment; date; difference; enforcement; equal treatment; legitimate expectation; local status; non-local status; practice; promise; provision; staff regulations and rules;



  • Judgment 505


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The new rule came into force on 1 February 1975. Short-term officials recruited before this date, who were not then considered as non-local officials, were all given local status. The organization then distinguished between those officials who had been given short-term appointments before the end of October 1974 and those whose appointment was made between then and 1 February 1975. The former were given non-local status on the established terms and the latter were treated as local officials. "The difference in treatment between the two groups was warranted by the difference in the facts."

    Keywords:

    amendment to the rules; appointment; date; equal treatment; local status; non-local status; provision; staff regulations and rules;



  • Judgment 488


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "On his last return to headquarters the complainant was not selected for any of the P.5 posts which were vacant at the time and in which he expressed interest. But the posts were filled in accordance with the normal selection procedure, the complainant's applications being considered together with the others, and the Tribunal holds that the procedure followed by the organization was correct and that there was no breach of any of the applicable rules."

    Keywords:

    appointment; assignment; headquarters; judicial review; procedure before the tribunal; transfer; vacancy;



  • Judgment 486


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant moved from grade GS.8 to P.2. "The Tribunal doubts whether the change was an appointment of any sort; the complainant remained in the same post which was reclassified into a higher grade. But anyway appointment is a word whose meaning depends upon the context. It can be used to mean an appointment to the staff of [the organization] or an appointment to a post on the staff. [Here] it is clearly being used in the former sense, as an appointment to the service. [...] It is not and cannot be contended that in January 1979 the complainant concluded one period of service and without changing his post embarked upon another. This solution must be rejected."

    Keywords:

    appointment; consequence; general service category; post classification; professional category; promotion;



  • Judgment 485


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1 (B)

    Extract:

    The complainant, who was living in London, sent in an application for employment to FAO headquarters in Rome, and went there at her own expense. "[Thus] not only did the complainant offer her services, but she took the tests of her own accord [and did not] make repayment of any of her expenses a condition of her acceptance of appointment. Thus it cannot be said that the payment she is now claiming was required in order to recruit her."

    Keywords:

    appointment; refund; terms of appointment; travel expenses;

    Consideration 2 (A), (B) and (C)

    Extract:

    Staff members who enjoyed the benefits of non-local status included a) some who had special skills or were assigned specialised work; b) others who, unlike the complainant, were invited to join the organization and had not volunteered their services and c) persons resident abroad to whom the organization had sent employment offers. The refusal to reimburse the complainant is not a breach of the principle of equality.

    Keywords:

    appointment; equal treatment; non-local status; terms of appointment;

    Consideration 3

    Extract:

    "The Director-General kept within the bounds of his authority in adopting the policy [...] embodied in Staff Rule 302.40631." That provision, which confers local status on all general service staff recruited from 1 February 1975, must be read in conjunction with other provisions providing for the grant of special benefits to such staff as required in order to recruit them. "Thus the Staff Rules make a distinction between groups of general service category members. The desirability of the distinction may be open to question, but it is enough to defeat any allegation of inequality."

    Reference(s)

    Organization rules reference: ARTICLE 302.40631 FAO STAFF RULES AND REGULATIONS

    Keywords:

    appointment; equal treatment; general service category; local status; non-local status; terms of appointment;

    Consideration 1 (B)

    Extract:

    The rules provide for the reimbursement of travel expenses of officials when, in the view of the director of personnel, such payment is required to recruit them. The Director of personnel cannot exercise this discretion as he pleases. He must "consider in each case whether or not payment was required in order to recruit, and the exercise of his discretion is subject to review by an administrative as well as by a judicial body."

    Keywords:

    appointment; discretion; limits; refund; travel expenses;



  • Judgment 484


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 485, consideration 3.

    Reference(s)

    Organization rules reference: ARTICLE 302.524 OF THE FAO STAFF RULES AND REGULATIONS
    ILOAT Judgment(s): 485

    Keywords:

    appointment; equal treatment; general service category; local status; non-local status; terms of appointment;

    Consideration 2 (B)

    Extract:

    Vide Judgment 485, consideration 1 (b).

    Reference(s)

    ILOAT Judgment(s): 485

    Keywords:

    appointment; competition; refund; terms of appointment; travel expenses;

    Considerations 2 (A), (B) and (C)

    Extract:

    Vide Judgment 485, consideration 2 (a), (b) and (c).

    Reference(s)

    ILOAT Judgment(s): 485

    Keywords:

    appointment; equal treatment; non-local status; terms of appointment;

    Consideration 1 (B)

    Extract:

    Vide Judgment 485, consideration 1 (b).

    Reference(s)

    ILOAT Judgment(s): 485

    Keywords:

    appointment; discretion; limits; refund; travel expenses;



  • Judgment 483


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3 (A), (B) and (C)

    Extract:

    Vide Judgment 485, consideration 2 (a), (b) and (c).

    Reference(s)

    ILOAT Judgment(s): 485

    Keywords:

    appointment; equal treatment; non-local status; terms of appointment;

    Consideration 2 (B)

    Extract:

    Vide Judgment 485, consideration 1 (b).

    Reference(s)

    ILOAT Judgment(s): 485

    Keywords:

    appointment; discretion; limits; refund; travel expenses;

    Consideration 2 (B)

    Extract:

    Vide Judgment 485, consideration 1 (b).

    Reference(s)

    ILOAT Judgment(s): 485

    Keywords:

    appointment; competition; refund; terms of appointment; travel expenses;



  • Judgment 452


    46th Session, 1981
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The organization's Governing Council decided to consider all general service officials, recruited after a certain date, as local staff and the Tribunal accepts that reinstatement is not the same as recruitment. But the fact that the Director-General could, consistent with the Council's declaration, have continued to reinstate non-local staff does not mean that he is required to do so. He is free to act as he wishes and the Tribunal cannot interfere.

    Keywords:

    appointment; condition; difference; discretion; general service category; local status; non-local status; reinstatement;

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