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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 441


    45th Session, 1980
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    Under the applicable provision, staff members serving at the time of the Institute's integration into the organisation were transferred, retaining their previously acquired status. "Inasmuch as an official is transferred to an organisation he is not deemed 'appointed' by it."

    Keywords:

    appointment; merger; transfer;



  • Judgment 431


    45th Session, 1980
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The executive head of an organisation is bound at all times to safeguard its interests and, where necessary, give them priority over others. One area in which the rule applies is staff recruitment. [...] But he may not forgo taking a decision in the organisation's interests for the sole purpose of satisfying a Member State. The organisation has an interest in being on good terms with all Member States, but that is no valid ground for a Director-General to fall in with the wishes of every one of them."

    Keywords:

    appointment; independence; member state; organisation; organisation's interest;



  • Judgment 393


    43rd Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant requests the cancellation of procedures by which a candidate for the material post was selected and appointed. "The organization has acknowledged - and rightly so - that the procedures were irregular. Thus, insofar as the complainant wishes to have them cancelled, her complaint no longer has any foundation. She has now to co-operate fully with the organization in the review of the [...] classification of her post."

    Keywords:

    appointment; cause of action; competition; flaw; no cause of action; procedural flaw; settlement out of court;



  • Judgment 339


    40th Session, 1978
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The language and form of the document and the circumstances in which it was executed support the view that the organization intended to make a commitment, albeit one that was subject to conditions. "Owing to its failure to distinguish between a contract to appoint and the fact of appointment itself, the organization erroneously believed that it would not be legally bound until the appointment was actually made."

    Keywords:

    appointment; condition; consequence; contract; formal requirements; intention of parties; organisation's duties;



  • Judgment 326


    39th Session, 1977
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    WHO Staff Regulation 4.4 provides that "without prejudice to the inflow of fresh talent at the various levels, vacancies shall be filled by promotion of persons already in the service of the organization in preference to persons from outside". The organization must rely upon the members of a selection committee to pay what they consider to be due regard to the factors mentioned in the Regulations. "It would only be in a case in which it could be shown that a factor had been wilfully disregarded that the Tribunal could begin to entertain any complaint."

    Reference(s)

    Organization rules reference: WHO STAFF REGULATION 4.4

    Keywords:

    appointment; competition; criteria; judicial review; post held by the complainant; selection board; vacancy;

    Consideration 5

    Extract:

    "The Tribunal has no power to interfere with [a decision to make an appointment] except upon limited grounds such as alleged irregularities of procedure". In the present case, "since these allegations have not been made out, the decision of the Director-General must stand."

    Keywords:

    appointment; competition; discretion; judicial review;



  • Judgment 319


    39th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    When she was recruited, the complainant had local status. She later married, acquired a new nationality by naturalisation and lost her original nationality. The Tribunal holds that her status is dependent on her nationality at the time of appointment. According to the relevant provisions, a change of nationality does not in itself entail a change in status. The complainant is not entitled to the benefits provided for officials who leave their own country to live in another. The complaint is dismissed.

    Keywords:

    amendment to the rules; appointment; consequence; local status; marital status; nationality; non-local status;



  • Judgment 307


    38th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "[T]here is a clear distinction between a contract to appoint and the appointment itself, and it is normal to have an interval between the two so as to allow for the preparation of the formal documents. The payment of salary and the start of the official's duties, including the duty to travel to his place of work, would naturally be contemporaneous and begin on a date to be fixed by the letter of appointment."

    Keywords:

    appointment; contract; date; payment; salary; time limit;

    Consideration 8

    Extract:

    "It is well understood that the appointment of a representative to a country has to be cleared with the government of that country."

    Keywords:

    appointment; government approval;



  • Judgment 281


    37th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant, who was one of a number of candidates for a post in the organization, appeals against the Director-General's decision to appoint another candidate. "Such a decision falls within the discretionary authority of the Director-General and accordingly the Tribunal has only a limited power of review."

    Keywords:

    appointment; candidate; competition; discretion; judicial review;



  • Judgment 272


    36th Session, 1976
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant is entitled to have it declared that she was at the time of her appointment resident at Lima. "But the Tribunal will not decide that she was entitled to 'attendant benefits' [...] This is a question which may be answered differently in the case of different benefits under different rules; the answer may be dependent also upon the relevant facts and circumstances at the time when the benefit becomes due. If and when an allegation is made that any particular benefit has been wrongfully withheld, the Tribunal will decide it upon the facts then presented.

    Reference(s)

    Organization rules reference: WHO STAFF RULE 360

    Keywords:

    appointment; case sent back to organisation; consequence; non-local status; residence;

    Consideration 2

    Extract:

    The complainant invites the Tribunal to rule that she was "internationally recruited" and therefore subject to the benefits provided for by the applicable provisions. The term does not appear in any of the provisions cited; no definition of the term is to be found in the dossier. "The Tribunal takes it to mean that staff whose nationality and/or residence at the time of recruitment was not that of the country in which the duty station for which they were recruited is situated."

    Keywords:

    appointment; definition; duty station; nationality; no provision; non-local status; residence;

    Consideration 8

    Extract:

    The interveners have not provided a clear and positive statement of their residence at the time of recruitment. "[T]he cases of the interveners should be remitted to the Director-General so that, in the light of this judgment [...] he may amend the [...] form [...] so as to show in each case the correct and agreed residence immediately prior to appointment with liberty to each intervener to apply to the Tribunal if agreement is not reached."

    Keywords:

    appointment; case sent back to organisation; intervention; residence;



  • Judgment 269


    36th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    In order to lower editorial expenditure the complainant's post was abolished and free-lance staff engaged under contract. "[I]n abolishing the complainant's post and assigning her functions to someone engaged under contract the Director-General was giving effect to [the organization's] policy. It is not for the Tribunal to review such policy, whether it relates to the scope of the [organization's] activities or to its methods of work."

    Keywords:

    abolition of post; appointment; discretion; external collaborator; judicial review; organisation's interest; reorganisation;



  • Judgment 251


    34th Session, 1975
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Although the complainant regularly received his salary increments his work was not always fully satisfactory, as appears from the dossier and is suggested by the failure of his many applications. On the other hand, the successful candidate had been trained for the vacant post and had proved himself fully fit for it. In the circumstances, even though the decision may be open to question, the Director-General did not draw any clearly false conclusions from the dossier."

    Keywords:

    appointment; candidate; increment; other; qualifications; salary; unsatisfactory service; vacancy;

    Consideration 5

    Extract:

    "In choosing from among several candidates [...] length of service and university education are not the sole criteria. In fact the most important one is fitness for the vacant post."

    Keywords:

    appointment; candidate; condition; degree; elements; qualifications; seniority; vacancy;



  • Judgment 238


    33rd Session, 1974
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The process of selection of civil servants should by its very nature be based not just on the results of an examination but on any other useful criteria. Account should be taken, not only of the candidates' possession of the expressly stipulated qualifications, but of their degrees and of their professional experience, which in itself constitutes a criterion for selection and one of particular relevance in recruiting civil servants."

    Keywords:

    appointment; competition; condition; degree; discretion; elements; open competition; professional experience; vacancy;

    Considerations

    Extract:

    "An internal competition, of which the main purpose is to promote existing staff members, normally entails taking into consideration all the information available to the organisation concerning them, and in particular information which allows of appraising the professional experience of the candidates."

    Keywords:

    appointment; competition; discretion; elements; internal competition; professional experience; promotion; purpose;

    Considerations

    Extract:

    The impugned decisions relate to two different competitions and are contested on different grounds, although "each of them affects the complainant's career in a very similar way. The complainant may therefore refer them to the Tribunal in one and the same complaint."

    Keywords:

    appointment; career; competition; consequence; decision; receivability of the complaint;

    Considerations

    Extract:

    According to the vacancy notice, "the vacancy was to be filled, not by a competition in the strict sense of the term, but by selection. The process of selection of civil servants should by its very nature be based [...] on any [...] useful criteria."

    Keywords:

    appointment; competition; condition; discretion; open competition; vacancy; vacancy notice;

    Considerations

    Extract:

    "[T]he board of examiners had a duty to determine whether or not the candidates should take a written examination. According to the notice of vacancy itself, the board was not obliged to hold such an examination. It was also free to decide, in the light of its inquiries, to choose only one candidate, even though provision had been made for filling two vacancies [...]."

    Keywords:

    appointment; competition; discretion; internal competition;

    Considerations

    Extract:

    "In taking previous performance [of serving staff members] as one of its criteria for the classification of candidates, the Board of examiners [...] did not exceed its proper authority to make a general assessment of them and make a choice."

    Keywords:

    appointment; competition; condition; discretion; elements; internal competition; work appraisal;

    Considerations

    Extract:

    "[T]he Selection Board had to select the best candidates by various criteria [...]. It was therefore entitled, after marking the written papers, to ask the organisation to reveal the names of the candidates so that it could fulfil its task by assessing the general suitability of each of them for employment in the international civil service."

    Keywords:

    appointment; candidate; competition; discretion; fitness for international civil service; open competition; qualifications; selection board;



  • Judgment 174


    26th Session, 1971
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Preamble

    Extract:

    The complainant contests an appointment made to fill a vacancy. The person appointed to the post is regarded as co-defendant. "Considering [...] the observations made by [Mr X] who was notified of the complaint on the decision of the President of the Tribunal[...]"

    Keywords:

    appointment; candidate; co-defendant; selection procedure; vacancy;



  • Judgment 166


    25th Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "[I]n selecting an official for a vacant post the Director-General must base his decision not on a single criterion but on several considerations, such as occupational skill, length of service, experience, diligence, and suitability for performing the functions of an international official, which he must weigh individually in each case before arriving at a decision."

    Keywords:

    appointment; competition; discretion; elements; fitness for international civil service; qualifications; vacancy; work appraisal;

    Considerations

    Extract:

    "With regard to the failure to appoint [the complainant], the proceedings have shown that after consulting various persons qualified to give an opinion on the candidates [...] the [...] chief of service selected [an official] who was already working for him and of whose efficiency and diligence he had personal experience. Such a choice was quite normal and cannot be regarded in itself as being contrary to the interests of the organization or tainted by [bias]."

    Keywords:

    appointment; discretion; organisation's interest; titularization; work appraisal;



  • Judgment 154


    23rd Session, 1970
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2 (B)

    Extract:

    It is stated in their contracts that officials are initially appointed to a given post, subject to possible transfer subsequently. "The wording [initially, subsequently] of this provision does not mean that in every case an official must perform the duties of the original post for a certain period of time before being required to accept re-assignment. If the first assignment appears straight away to be unsuitable, there is nothing to prevent his immediate re-assignment. Any other solution might be as damaging to the official as to the organisation."

    Keywords:

    appointment; assignment; interpretation; organisation's interest; time limit; transfer;



  • Judgment 135


    22nd Session, 1969
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    It is clear from the evidence that "in holding that [the complainant's] refusal to perform military service in the country of which he was a national [kept him from meeting] the requirements for appointment as an international officer, the [organization] was not basing its view on a consideration of principle, but on an examination of the circumstances in which the refusal had taken place; that accordingly the decision was in no way tainted by illegality [...]."

    Keywords:

    appointment; condition; fitness for international civil service; military service; refusal; titularization;



  • Judgment 123


    20th Session, 1968
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant gave as his permanent residence a city in the United States. This might mean either that he was recruited there or that he was supposed to spend his home leave there. "Being open to interpretation in either of these two ways, this is thus not decisive. What is decisive, however, is the fact that [the] complainant does not deny at the time of his recruitment that he was [...] in [...] the country of his duty station." It follows that he was locally recruited and that he is not entitled to claim payment of his travel expenses or a repatriation grant under the material provisions.

    Keywords:

    appointment; duty station; repatriation allowance; residence; right; travel expenses;



  • Judgment 113


    18th Session, 1967
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant did not come to the country with the specific aim of seeking employment with the organisation; once there, she sought work and was engaged for short periods. She may in no way be regarded as having come for the purpose of serving in the organisation and may not claim the benefits accruing from non-local status. "[T]he case comes under the general principle that recruitment in the country of the duty station normally results in local status, and there are no abnormal factors requiring the Director-General to decide otherwise."

    Keywords:

    appointment; duty station; local status; non-local status; residence;



  • Judgment 107


    17th Session, 1967
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Although the organization is bound to have full regard to the qualifications and experience of persons already in its service, this does not mean that it must necessarily always appoint them in preference to outside applicants. If this privilege were automatically to be granted to the serving staff, the organization might be led to take decisions contrary to its own interests, a situation which was certainly not intended by those who drafted the Staff Regulations. The position is that persons already in the service of the organization have priority only if their qualifications appear to be at least equal to those of other candidates."

    Keywords:

    appointment; competition; internal candidate; organisation's interest; priority;



  • Judgment 54


    9th Session, 1961
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The complainant had applied for the post [...] while still an official [of the organization], he is entitled to challenge the decision appointing another candidate to the post."

    Keywords:

    application for quashing; appointment; candidate; cause of action; competition; injury; internal candidate; locus standi; other;

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Last updated: 02.07.2020 ^ top