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Unequal treatment (845,-666)
You searched for:
Keywords: Unequal treatment
Total judgments found: 16
Judgment 4596
135th Session, 2023
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to pay him a termination indemnity upon the expiry of his fixed-term appointment.
Consideration 13
Extract:
[A]s stated in Judgment 3917, consideration 3, the principle of equal treatment requires, on the one hand, that officials in identical or similar situations be subject to the same rules and, on the other, that officials in dissimilar situations be governed by different rules defined so as to take account of this dissimilarity (see, for example, Judgments 3787, consideration 3, 3029, consideration 14, 2313, consideration 5, 2194, consideration 6(a), or 1990, consideration 7).
Reference(s)
ILOAT Judgment(s): 1990, 2194, 2313, 3029, 3787, 3917
Keywords:
unequal treatment;
Judgment 4502
134th Session, 2022
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to reclassify her post.
Consideration 8
Extract:
The complainant also contends that there was a breach of the principle of equal pay for equal work in that other staff members performing similar duties to hers held posts at higher grades. On that point, the Tribunal observes that it is not ordinarily its role to compare a post whose classification is contested to the classification of similar posts in the same organisation in order to ascertain whether the classification decision is lawful (see, for example, Judgments 4000, consideration 9, and [...] 4221, consideration 15).
Reference(s)
ILOAT Judgment(s): 4000, 4221
Keywords:
equal pay for equal work; post classification; unequal treatment;
Judgment 4467
133rd Session, 2022
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the lawfulness of the recruitment process and the resulting appointment for the post of Client Relationship Manager, for which he had applied.
Consideration 17
Extract:
Neither has [the complainant] provided evidence of sufficient quality and weight to prove that the decision was based on unequal treatment, bias or favouritism (see, for example, Judgments 3380, consideration 9, and 4408, considerations 21 and 22, and the judgments cited therein) as he contends.
Reference(s)
ILOAT Judgment(s): 3380, 4408
Keywords:
unequal treatment;
Judgment 4428
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the refusal of her request to combine a half day of absence for strike participation with a half day of leave.
Consideration 8
Extract:
The complainant is entitled to an award of moral damages for the unlawfulness of the impugned decision, which amounted to a deliberate violation of the exercise of her right to strike, and the negative effects of this decision, including unequal treatment. The Tribunal assesses these damages in the amount of 5,000 euros.
Keywords:
moral injury; right to strike; strike; unequal treatment;
Consideration 7
Extract:
With regard to the question of unequal treatment, the Tribunal notes that the Organisation has not provided any convincing evidence to justify the different treatment of the complainant’s colleague.
Keywords:
evidence; unequal treatment;
Judgment 4423
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to consider as irreceivable his request to be entitled to 12 additional days of annual leave pursuant to Article 59(1)(b) of the Service Regulations.
Consideration 15
Extract:
[I]t is well established in the case law as reiterated in Judgment 4029, consideration 20, that “the principle of equality requires that persons in the same position in fact and in law must be treated equally”. As the complainant is not in the same position in fact or law as the permanent employees aged 65 and over referred to in Article 59(1)(b), who have attained the normal retirement age, the decision not to grant him the benefit of the 12 days of additional annual leave does not constitute unequal treatment by the EPO.
Reference(s)
ILOAT Judgment(s): 4029
Keywords:
annual leave; equal treatment; unequal treatment;
Judgment keywords
Keywords:
annual leave; complaint allowed; decision quashed; unequal treatment;
Judgment 4383
131st Session, 2021
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to impose on her a performance improvement plan (PIP).
Consideration 13
Extract:
The complainant provides no evidence that there was any other staff member who was in an identical or similar situation and who was treated dissimilarly (see, for example, Judgment 4157, under 13, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 4157
Keywords:
unequal treatment;
Judgment 4382
131st Session, 2021
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Secretary General’s decisions to set aside her 2016 performance appraisal only on the basis that it was procedurally flawed, and to insert in her personnel file the impugned decision and the report of the Appeals Commission.
Consideration 15
Extract:
The Tribunal’s consistent precedent states that the principle of equal treatment requires, on the one hand, that officials in identical or similar situations be subject to the same rules and, on the other, that officials in dissimilar situations be governed by different rules defined so as to take account of this dissimilarity (see, for example, Judgment 4157, under 13).
Reference(s)
ILOAT Judgment(s): 4157
Keywords:
unequal treatment;
Judgment 4277
130th Session, 2020
International Bureau of Weights and Measures
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who has been receiving a retirement pension since 1 December 2017, impugns her “pay slip” for January 2018.
Consideration 21
Extract:
[T]he complainant submits that the freezing of the pension point breaches the principle of equality by creating inequality between retired and serving staff members. Reference must be made to the Tribunal’s consistent precedent that the principle of equal treatment requires, on the one hand, that officials in identical or similar situations be subject to the same rules and, on the other, that officials in dissimilar situations be governed by different rules defined so as to take account of this dissimilarity (see, for example Judgments 1990, under 7, 2194, under 6(a), 2313, under 5, or 3029, under 14, 3787, under 3, and 3900, under 12). Retired staff members are not in the same position as serving staff members, and the difference in their treatment relates to this difference in situation. The Tribunal is therefore satisfied that the principle of equality has not been breached here.
Reference(s)
ILOAT Judgment(s): 1990, 2194, 2313, 3029, 3787, 3900
Keywords:
equal treatment; pension; unequal treatment;
Judgment 4157
128th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the amount of compensation awarded for the moral injury she suffered because her evaluation for 2013 was irregular and contests the partial modification thereof.
Consideration 13
Extract:
Reference must be made to the Tribunal’s consistent precedent that “the principle of equal treatment requires, on the one hand, that officials in identical or similar situations be subject to the same rules and, on the other, that officials in dissimilar situations be governed by different rules defined so as to take account of this dissimilarity (see, for example, Judgments 1990, under 7, 2194, under 6(a), 2313, under 5, or 3029, under 14)” (see Judgments 3787, under 3, and 3902, under 5).
Reference(s)
ILOAT Judgment(s): 1990, 2194, 2313, 3029, 3787, 3902
Keywords:
equal treatment; unequal treatment;
Judgment 4156
128th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the amount of compensation awarded for the moral injury she suffered because her evaluation for 2012 was irregular.
Consideration 8
Extract:
Reference must be made to the Tribunal’s consistent precedent that “the principle of equal treatment requires, on the one hand, that officials in identical or similar situations be subject to the same rules and, on the other, that officials in dissimilar situations be governed by different rules defined so as to take account of this dissimilarity (see, for example Judgments 1990, under 7, 2194, under 6(a), 2313, under 5, or 3029, under 14)” (see Judgments 3787, under 3, and 3902, under 5).
Reference(s)
ILOAT Judgment(s): 1990, 2194, 2313, 3029, 3787, 3902
Keywords:
unequal treatment;
Judgment 4073
127th Session, 2019
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the reduction of the rate of the expatriate premium paid to her.
Consideration 11
Extract:
[The complainant has not] provided evidence which proves that the reduction in the expatriate premiums she received from 1 January 2015 onwards created discrimination or inequality between herself and other Global Fund staff, as she contends, in circumstances in which she was in a like situation to other staff members but was treated differently (see Judgment 3298, under 21).
Reference(s)
ILOAT Judgment(s): 3298
Keywords:
discrimination; equal treatment; unequal treatment;
Judgment 4067
127th Session, 2019
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to extend his contract.
Consideration 10
Extract:
The third argument is that the decision concerning the complainant involved discrimination and unequal treatment. This principle is engaged and can be taken into consideration by the Tribunal and, if need be, give rise to redress on condition that it is based on precise and proven facts which establish the discrimination has occurred (as to its operation in the context of the OPCW, see Judgment 2660, consideration 24, and also, more generally, Judgment 4027, consideration 12).
Reference(s)
ILOAT Judgment(s): 2660, 4027
Keywords:
discrimination; equal treatment; unequal treatment;
Judgment 4029
126th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to grant him the two-step within-grade increase which, he argues, WHO ought to have granted him at the time of his appointment under a fixed-term contract.
Consideration 20
Extract:
[T]he principle of equality requires that persons in the same position in fact and in law must be treated equally. The failure to grant the complainant the two-step within-grade increase that at the material time was given to other long-term short-term staff members, who were in the same position as the complainant, constitutes unequal treatment and entitles the complainant to an award of material damages.
Keywords:
equal treatment; unequal treatment;
Judgment 3868
124th Session, 2017
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to shortlist him for a position for which he had applied.
Consideration 6
Extract:
The following statement in Judgment 2313, under 5, provides context for discrimination or unequal treatment:
“The principle of equality requires that persons in like situations be treated alike and that persons in relevantly different situations be treated differently. In most cases involving allegations of unequal treatment, the critical question is whether there is a relevant difference warranting the different treatment involved. Even where there is a relevant difference, different treatment may breach the principle of equality if the different treatment is not appropriate and adapted to that difference.”
Keywords:
discrimination; equal treatment; unequal treatment;
Judgment 2699
104th Session, 2008
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant [...] argues that other staff members who have committed similar acts to those in his case have not been subjected to the same level of disciplinary sanction. He bases this argument on an anonymous note he received by post regarding financial misconduct on the part of two other employees. Given the unreliable nature of the evidence on which the claim of unequal treatment is based, this argument will not be addressed.
Keywords:
misconduct; unequal treatment;
Judgment 2637
103rd Session, 2007
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
Discrimination occurs when persons in the same position in fact and in law are treated differently, not when there is a relevant difference warranting different treatment that is appropriate and adapted to that difference (see Judgments 1194 and 2313).
Reference(s)
ILOAT Judgment(s): 1194, 2313
Keywords:
discrimination; equal treatment; unequal treatment;
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