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: 215
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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 5-7
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:
abuse of power; 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 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 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 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;
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;
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