Equal treatment (188, 189, 900, 663,-666)
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Keywords: Equal treatment
Total judgments found: 235
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Judgment 506
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The [organization] refused the complainant non-local status, and she alleges unequal treatment on the grounds that others did obtain it. For the plea to succeed the complainant should have been in the same factual position as those she believes to have fared better." The solution, in this case, depends on a decisive date, about which there is doubt. The Tribunal "will give the complainant the benefit of the doubt" and conclude that she does qualify for non-local status.
Keywords:
equal treatment; local status; non-local status;
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;
Consideration 7
Extract:
Up until the end of October 1974, short-term officials "had or may have had the expectation of qualifying some day [for non-local status]. It was therefore fair to take account of that expectation and grant them non-local status on the terms established under the practice." After that date, officers recruiting short-term staff "were told to discontinue the practice of mentioning the possibility of qualifying for non-local status [...] in other words, the old practice was abolished, the result being that those who were [recruited after that date] had no reason to expect non-local status and could not claim it by virtue of the principle of equality."
Keywords:
amendment to the rules; equal treatment; legitimate expectation; local status; non-local status; practice;
Judgment 498
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Tribunal will [...] observe that the principle of equality is applicable only between officials in the same circumstances". In the instant case an official in the professional category wished to benefit from provisions concerning the grant of a family allowance applicable only to the general service category.
Keywords:
allowance; equal treatment; family allowance; general service category; professional category; salary;
Consideration 1
Extract:
"G staff are recruited largely [in the headquarters country or nearby]. It is therefore only right that as an incentive to recruitment their pay, including family allowances, should be in line with pay scales in [the headquarters country]. Officials in other categories, however, may come from and be required to serve anywhere in the world. For them [...] the [organisation] takes as its standard of comparison the best-paid national civil service." The allegation of unlawful discrimination fails.
Keywords:
criteria; equal treatment; general service category; noblemaire principle; professional category; salary; scale;
Judgment 485
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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 2
Extract:
"Although the complainant was treated differently, the facts of her case were different, and there was therefore no breach of the principle of equality."
Keywords:
equal treatment; general principle; terms of appointment;
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;
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 2
Extract:
Vide Judgment 485, consideration 2.
Reference(s)
ILOAT Judgment(s): 485
Keywords:
equal treatment; general principle; terms of appointment;
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 3
Extract:
Vide Judgment 485, consideration 2.
Reference(s)
ILOAT Judgment(s): 485
Keywords:
equal treatment; general principle; terms of appointment;
Judgment 470
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(C)
Extract:
PAHO Staff Rule 1050.2 establishes the conditions and consequences of abolishing posts. "There is no sound reason to apply [the rule] in favour only of officials whose post is abolished during an appointment to the exclusion of those whose post is abolished at the end of the appointment. It is true that in general the former fare worse than the latter. The difference between the two is not, however, such as to warrant any difference in treatment."
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
Keywords:
abolition of post; contract; equal treatment; fixed-term; non-renewal of contract; organisation's duties; termination of employment;
Judgment 452
46th Session, 1981
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In the exercise of the option [whether or not to grant non-local status] the organization is free to have regard to all relevant considerations, general or particular. It is not required to follow a general policy if particular circumstances justify a distinction; it may discriminate so long as the discrimination is not arbitrary."
Keywords:
equal treatment; local status; non-local status; organisation's duties;
Judgment 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13(A)
Extract:
"A staff member may properly allege unfair treatment where general rules are not applied in the same way to all the staff members to which they are applicable, but he may not do so by comparing circumstances created by particular measures, such as agreements for the reappointment of particular officials. Such agreements will differ because the circumstances of each case differ, and there is no inequality of treatment."
Reference(s)
ILOAT Judgment(s): 404
Keywords:
application for review; difference; enforcement; equal treatment; individual decision; official; provision; reinstatement; staff regulations and rules;
Judgment 426
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant claims reimbursement of the tax payable on a lump-sum payment from the pension fund. He relies on the principle of equality of treatment with two officials who had opted for a repayment of their own contributions and to whom the organisation reimbursed taxation payable in respect of those contributions. "The Tribunal considers that there is a categorical distinction between persons who elect to take a repayment of contributions and those who elect to take a lump-sum payment in part commutation of a pension; and that the principle of equality does not require the two categories to be treated in the same way."
Keywords:
commutation; contributions; equal treatment; lump-sum; pension; refund; tax;
Judgment 409
44th Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The principle is not of course that all staff members must be equally treated; this would mean the abolition of grades. The principle is that all staff members in similar circumstances must be similarly treated. When, as here, there is a change in the rules, the circumstances change and the principle does not apply."
Keywords:
amendment to the rules; equal treatment; general principle; limits; provision; staff regulations and rules;
Judgment 391
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The principle of equality means that those in like cases should be treated alike, and that those who are not in like cases should not be treated alike. It is not violated if officials in different circumstances are treated differently."
Keywords:
equal treatment; general principle;
Judgment 371
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant contends that he is the victim of discriminatory treatment concerning his pension. But he receives a compensatory allowance to make good the reduction in salary. Even if the officials of the former organisation fare less well in one respect than other officials of the second organisation, they fare better in another. "Hence, insofar as it exists, the discriminatory treatment which the complainant alleges should be regarded as compensated."
Keywords:
compensatory allowance; compensatory measure; equal treatment; pension;
Judgment 368
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The principle of equality means that where the facts are the same the treatment is the same."
Keywords:
equal treatment; general principle;
Judgment 347
40th Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The principle of equality, which is embodied in [the Staff Regulations], may be infringed in one of two ways: either by treating differently cases which are plainly alike, or by treating in the same way cases which are plainly unlike."
Keywords:
breach; condition; equal treatment; general principle;
Judgment 308
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The relevant provision "cites one application of the general principle of equality which governs all aspects of the [organisation's] relations with its staff members. The complainants may therefore rely upon that principle [...] but the general principle of equality does not mean that all [...] staff members [of the organisation] should be subject to identical rules. rather it is reflected in the rule that like circumstances call for like treatment, different ones for different treatment."
Keywords:
equal treatment; general principle;
Judgment 304
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"It is for the [competent] committees and for the Director-General to adapt the conditions of promotion to the [organisation's] requirements. Hence those conditions may change from year to year and, since they do so, different staff members are differently treated according to the dates on which they receive promotion. Where there are administrative reasons for such difference in treatment, it is no breach of the principle of equality laid down in [the Staff Regulations]."
Keywords:
amendment to the rules; competence; criteria; equal treatment; executive head; organisation's interest; promotion; promotion board;
Judgment 301
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
It is for the competent committees and the Director-General to adapt the conditions of promotion to the requirements of the organisation. "Hence those conditions may change from year to year and, since they do so, different staff members are differently treated according to the dates on which they receive promotion. Where there are administrative reasons for such difference in treatment, it is no breach of the principle of equality."
Keywords:
amendment to the rules; competence; criteria; date; effective date; equal treatment; executive head; organisation's interest; promotion; promotion board;
Judgment 300
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 301, consideration 5.
Reference(s)
ILOAT Judgment(s): 301
Keywords:
amendment to the rules; competence; criteria; date; effective date; equal treatment; executive head; organisation's interest; promotion; promotion board;
Judgment 294
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
At issue is a new salary schedule with additional steps in the complainant's grade. "The Director-General was right in thinking that the rule could not be interpreted in a way that would equalise the effect of the change. Where he was wrong was in thinking that he had neither the power nor the duty to equalise the effect of the change by some other means consistent with the principle that the object of the salary scale is to reward length of service and experience. [...] The change [...] required some transitional provision to cover exceptional cases and it was the duty of the Director-General to make such provision."
Keywords:
amendment to the rules; enforcement; equal treatment; grade; increment; right; salary; scale; seniority; top step;
Consideration 7
Extract:
The Director-General "is under an obligation to use his powers so as to ensure that an amendment authorised by the Council does not in its application result in inequality of treatment which the Council cannot be supposed to have intended."
Keywords:
amendment to the rules; competence; equal treatment; executive head; staff regulations and rules;
Consideration 9
Extract:
"[T]he principle of equality of treatment is an implied condition of employment and the introduction of an amendment which fails to observe it is a breach of that condition."
Keywords:
equal treatment; general principle; terms of appointment;
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