Recommendation (90,-666)
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Keywords: Recommendation
Total judgments found: 73
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Judgment 1888
87th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Both the Regional Board and the Headquarters Board of Appeal made a specific finding that the appeals were receivable, but the Tribunal's case law establishes that notwithstanding such findings it is still open to the organization to submit the question of the receivability of the internal appeal to the Tribunal."
Reference(s)
ILOAT Judgment(s): 575
Keywords:
case law; internal appeal; internal appeals body; organisation; receivability of the complaint; recommendation; report; right;
Judgment 1871
87th Session, 1999
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
"The Tribunal observes that the Director-General gave paramount importance to the principle of geographic distribution, which resulted in him selecting the applicant who was second in the list recommended by the Selection Committee because that applicant was a national of an 'under-represented' country, while the complainant, who was in first place, was a national of an 'equitably represented' country. Analysis of the [Constitution, General Rules and Manual of the organization as well as] the facts of the case show that the Director-General was mistaken in his interpretation of these provisions. The Constitution [...] clearly states that the highest standards of efficiency and of technical competence' are of paramount importance in appointing staff. The Selection Committee is under the obligation to recommend for selection the candidate whose qualifications most closely meet the requirements of the post. Therefore the essential qualifications required are the priority criterion. Consideration of other criteria, including seniority of service and geographic distribution, which appear to be of a subsidiary nature, is only envisaged where several candidates are equally well qualified."
Keywords:
appointment; candidate; competition; criteria; geographical distribution; nationality; recommendation; selection board; seniority; staff regulations and rules;
Judgment 1839
86th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 16-17
Extract:
"The complainants plead that the staff representatives having withdrawn, the [Local Salary Survey Committee] was no longer competent to act and that the organization was in breach of its duty of consulting the staff either through such a body or else, in accordance with Staff Regulation 8.1, directly. [This] plea [...] must fail. Not only did the Committee and its working party both comprising staff representatives function for many months before the survey began, but the Committee did not, as the complainants make out, cease to exist after the staff representatives had withdrawn. The [organization] repeatedly invited them to take part, and their refusal to do so did not have the effect of disqualifying the Committee or invalidating its recommendations. The methodology [of the International Civil Service Commission] provides in paragraph 6 that, though it is preferable to have representatives of both management and staff take part, the technical requirements will still be met even if one side prefers not to; so that actual participation by both sides is not a requirement. Nor was there any breach of Regulation 8.1. [The Tribunal draws an analogy between this issue and the issue considered in Judgment 1565]."
Reference(s)
Organization rules reference: WHO STAFF REGULATION 8.1 PARAGRAPH 6, METHODOLOGY OF THE INTERNATIONAL CIVIL SERVICE COMMISSION
ILOAT Judgment(s): 1565
Keywords:
case law; competence; composition of the internal appeals body; consultation; delegated authority; formal requirements; icsc decision; organisation's duties; participation; qualifications; recommendation; salary; staff representative;
Judgment 1838
86th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 16-17
Extract:
"The complainants plead that the staff representatives having withdrawn, the [Local Salary Survey Committee] was no longer competent to act and that the organization was in breach of its duty of consulting the staff either through such a body or else, in accordance with Staff Regulation 8.1, directly. [This] plea [...] must fail. Not only did the Committee and its working party both comprising staff representatives function for many months before the survey began, but the Committee did not, as the complainants make out, cease to exist after the staff representatives had withdrawn. The [organization] repeatedly invited them to take part, and their refusal to do so did not have the effect of disqualifying the Committee or invalidating its recommendations. nor was there any breach of Regulation 8.1. [The Tribunal draws an analogy between this issue and the issue considered in Judgment 1565]."
Reference(s)
Organization rules reference: WHO STAFF REGULATION 8.1
ILOAT Judgment(s): 1565
Keywords:
advisory body; case law; competence; composition of the internal appeals body; consultation; delegated authority; organisation's duties; qualifications; recommendation; salary; staff representative;
Judgment 1603
82nd Session, 1997
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The International Civil Service Commission "may make recommendations for aligning conditions of service in the common system and may decide on the methods of determining them. Yet the staff may still challenge any action by that body, independent though it be of the organisation that employs them. [...] So the complainants may challenge the lawfulness of the Commission's method [...] even though the FAO has done no more than fall in line."
Keywords:
complaint; coordinated organisations; general decision; icsc decision; receivability of the complaint; recommendation; rule of another organisation; salary; terms of appointment;
Judgment 1565
82nd Session, 1997
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The complainant argues that since it was unlawful to have no staff representative on the Selection Committee its recommendation too was unlawful. [...] But since the provisions on the membership of the Committee are not binding, and if no staff representative chooses to attend, that cannot have the effect of invalidating its recommendations."
Keywords:
advisory body; composition of the internal appeals body; flaw; promotion; promotion board; recommendation; staff representative;
Judgment 1509
81st Session, 1996
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"The Tribunal's competence is determined by the provisions of its Statute. Neither the ruling by the Joint Appeals bBoard on its own competence nor the Director-General's endorsement or acquiescence can give the Tribunal jurisdiction which its Statute does not."
Reference(s)
ILOAT reference: ARTICLE II OFTHE STATUTE
Keywords:
competence; competence of tribunal; executive head; iloat statute; internal appeals body; recommendation;
Judgment 1458
79th Session, 1995
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The Advisory Committee on Post Adjustment Questions (ACPAQ) is a subsidiary body of the International Civil Service Commission set up with the approval of the General Assembly to make recommendations on the general administration of the system of post adjustments. "It has no authority to make decisions. Its recommendations become part of the post adjustment system only when approved by the Commission. The conclusion is that the recommendation of ACPAQ [...] has no binding force and is therefore irrelevant".
Keywords:
advisory body; advisory opinion; icsc decision; internal appeals body; post adjustment; recommendation;
Judgment 1401
78th Session, 1995
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Article VII(3) of the Tribunal's Statute "cannot apply to the Appeals Committee, which does not make administrative decisions but is an advisory body, with representatives of both management and staff, which submits mere recommendations. It is the Director-General who takes the final decision on the Committee's recommendation."
Reference(s)
ILOAT reference: ARTICLE VII(3) OF THE STATUTE
Keywords:
absence of final decision; advisory body; decision; effect; executive head; iloat statute; internal appeals body; recommendation;
Judgment 1190
73rd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Under WHO Staff Rule 1230.4 an official who has appealed to the Appeals Board is entitled to challenge two of its members. One of the complainants exercised that right but had his challenge rejected. There was therefore a serious flaw in the internal appeal procedure. The material issue is whether the Director-General was entitled to treat the Board's report as being in line with the material rules. The report itself discloses that the rights of one of the complainants had been ignored. The Tribunal holds that "the Director-General has a duty to enforce the rules. He knew of the breach and should have rejected the report insofar as it concerned [the complainant] who objected to it as not being in accordance with those rules: he was not entitled to proceed as if no breach had occurred."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Organization rules reference: WHO STAFF RULE 1230.4
Keywords:
composition of the internal appeals body; due process; flaw; internal appeal; internal appeals body; procedure before the tribunal; recommendation; recusal; report; staff regulations and rules;
Judgment 1188
73rd Session, 1992
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
After the Director-General imposed a disciplinary sanction on the complainant he lodged an internal appeal. Rule 110.4.3 of the Staff Rules says that "the deliberations and reports of the Disciplinary Committee and its recommendations to the Director- General shall be confidential". The material issue is "whether the full text of the Disciplinary Committee's report, and not just the text of its recommendation, was disclosed to the Joint Appeals Committee. If it was, the Union should have let the complainant too have a copy and, failing that, there was a procedural flaw in that there was breach of his right of defence."
Reference(s)
Organization rules reference: UPU STAFF RULE 110.4.3
Keywords:
confidential evidence; disciplinary measure; disciplinary procedure; disclosure of evidence; further submissions; interlocutory order; internal appeal; internal appeals body; procedural flaw; procedure before the tribunal; recommendation; report; right to reply; staff regulations and rules;
Consideration 7
Extract:
"An item that formed part of the internal appeal proceedings should be at the Tribunal's disposal since it cannot otherwise appraise the background to the impugned decision and determine whether it shows any flaw. Further submissions are therefore required to complete the case records."
Keywords:
decision; disclosure of evidence; flaw; further submissions; interlocutory order; internal appeal; internal appeals body; procedure before the tribunal; recommendation; report;
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; impartiality; interlocutory order; judicial review; promotion; promotion board; recommendation; report;
Judgment 1138
72nd Session, 1992
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant "is mistaken in thinking that the Director-General was bound to accept the Board's recommendations. What it offered was advice that there should be further assessment of him [...] but that advice was not accepted: the Director-General decided instead to abide by the decision not to renew his contract. That cannot be construed as the overlooking of any essential fact."
Keywords:
advisory body; advisory opinion; binding character; recommendation;
Judgment 1113
71st Session, 1991
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
After carrying out a staff review, the organization confirmed the grading of the complainant's post at grade G.5. "The reasons for CERN's decision in this case are evident from the file, the implication in the words used being that it accepted the 'views and recommendations' on the file that there should be no upgrading."
Keywords:
advisory opinion; duty to substantiate decision; grounds; judicial review; post classification; recommendation;
Judgment 1104
71st Session, 1991
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal is not competent under its Statute to rule on the lawfulness of a report or recommendation by an advisory body."
Keywords:
advisory body; competence of tribunal; internal appeals body; recommendation; report;
Judgment 1077
70th Session, 1991
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6, summary
Extract:
The Selection Committee initially recommended the appointment of the complainant. Recruitment to the post having been frozen for two years, the Committee's recommendation never reached the Director. After the freeze another selection process began without taking account of the outcome of the first, and the complainant was not selected. The Tribunal is satisfied that in view of the time that had elapsed between the two selection processes it was only reasonable to treat the first one as abortive and to start a new one.
Keywords:
competition; competition cancelled; recommendation; selection board;
Judgment 975
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The President was not bound to endorse the Appeals Committee's opinion. Article 109(1) of the [EPO] Service Regulations says merely that 'the authority concerned shall take a decision having regard to this opinion'. The President's duty is to consider the opinion before reaching his decision, not to follow it."
Reference(s)
Organization rules reference: ARTICLE 109(1) OF THE EPO SERVICE REGULATIONS
Keywords:
binding character; decision; executive head; internal appeals body; organisation's duties; recommendation;
Judgment 946
65th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Since the Director-General relied solely, in taking his final decision, on a recommendation that is tainted with mistakes of [fact], his decision too is flawed with the same mistakes."
Keywords:
consequence; decision; flaw; internal appeals body; mistake of fact; recommendation;
Judgment 810
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The fact that only the chairman signed [the Appeal Board's report] is not in itself a flaw. It is not argued that the text fails to record the views of the majority of the Board."
Keywords:
flaw; formal flaw; formal requirements; internal appeals body; recommendation; report;
Judgment 775
60th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"If an internal appeal was time-barred and the internal appeals body was wrong to hear it, the Tribunal will not entertain a complaint challenging the decision taken on a recommendation by that body."
Keywords:
advisory opinion; complaint; decision; internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint; recommendation; time bar; time limit; tribunal;
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