Equal treatment (188, 189, 900, 663,-666)
You searched for:
Keywords: Equal treatment
Total judgments found: 235
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Judgment 262
35th Session, 1975
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[T]he complainant is justified in contending that [two criteria respecting promotion] of the Director-General's circular to the staff are applicable. He is therefore as a matter of course entitled to rely on the provision which is more favourable to him. [T]he former provision is [...] more favourable to the complainant than the latter, which the Director-General was wrong in taking as the basis for his decision. The impugned decision should therefore be reviewed."
Keywords:
administrative instruction; criteria; difference; equal treatment; promotion; provision; right;
Judgment 220
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The material provision conferred a right on staff members which could only be withdrawn when circumstances, such as changes in the exchange regulations, require. The regulations introduced by the French government forced the organisation to obtain a supply of financial francs, which it could do without great difficulty. In refusing to allow officials of French nationality the benefit of the former provision, the Director-General misconstrued the meaning and scope of the provision and violated the principle of equal treatment. The decisions impugned shall be set aside.
Keywords:
equal treatment; nationality; organisation's duties; salary;
Judgment 217
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The principle, "which would be applicable even in the absence of a specific provision, is intended to ensure that persons who are in similar circumstances in fact and in law are put on the same legal footing."
Keywords:
equal treatment; general principle;
Consideration 1
Extract:
"At the time of his recruitment and on the confirmation of his appointment [...] the complainant was subject to the former Staff Rules and was therefore in a different position from staff members recruited under the new Staff Regulations [...] Consequently, the complainant did not suffer unequal treatment in relation to staff members appointed later because he was not in the same position as they were."
Keywords:
amendment to the rules; equal treatment; provision; staff regulations and rules; terms of appointment;
Judgment 212
31st Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"A policy of discrimination is blame worthy and objectionable only if it aims at the exclusion of certain persons as a matter of principle on account of their nationality, race or opinions. It is normal and even desirable if it is based on the professional qualifications and merits of the persons concerned."
Keywords:
bias; criteria; equal treatment; nationality; qualifications; work appraisal;
Judgment 208
30th Session, 1973
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"At the time of his appointment the complainant was subject to the old grading standards. His position was therefore different from that of staff members recruited in accordance with the new standards. Thus, since he was not in the same position as those staff members, the complainant did not suffer any discrimination in relation to them."
Keywords:
amendment to the rules; equal treatment; grade; post classification; provision; seniority; staff regulations and rules; terms of appointment;
Consideration 6
Extract:
"According to [a] principle which is applicable in international organisations as a general rule of law, even if not embodied in any specific text, persons who find themselves in a similar factual and legal position should be put on the same legal footing."
Keywords:
equal treatment; general principle; no provision;
Consideration 6
Extract:
"[T]he principle of equality must be applied within the limits imposed by efficient administration. [I]t would therefore be unreasonable to require an organisation to review the terms of appointment of all its staff in the light of the principle of equality as a result of changes in standards of recruitment."
Keywords:
amendment to the rules; enforcement; equal treatment; general principle; limits; terms of appointment;
Judgment 207
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations (in fine)
Extract:
"It is true that officials enjoy the protection, among other things, of the rule of equality as between officials within the same category, but this rule does not apply to officials against whom disciplinary action has been or may be taken for different reasons and in different circumstances."
Keywords:
difference; disciplinary measure; equal treatment; grounds; misconduct;
Judgment 202
30th Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"At the time of his recruitment and of the confirmation of his appointment [...] the complainant was subject to the former Staff Rules and was therefore in a different position from staff members recruited under the new Staff Rules [...] The complainant did not suffer unequal treatment in relation to staff members appointed later because he was not in the same position as they were."
Keywords:
amendment to the rules; equal treatment; non-retroactivity; provision; staff regulations and rules; terms of appointment;
Considerations
Extract:
"That principle, [...] which would be applicable even in the absence of a specific provision, is intended to ensure that persons who are in similar circumstances in fact and in law are put on the same legal footing."
Keywords:
enforcement; equal treatment; general principle; no provision;
Judgment 177
26th Session, 1971
United International Bureaux for the Protection of Intellectual Property
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4(B)
Extract:
"[I]nternational officials who are United States nationals and do not fulfil certain special conditions laid down by the legislation of their own country are liable for certain United States taxes which have been reimbursed by several of the intergovernmental organisations. Although there may be a 'practice' with regard to such officials, the complainants cannot, however, rely on it since their position is entirely different."
Keywords:
equal treatment; practice; refund; tax;
Judgment 168
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant lost her non-local status, which was linked to nationality, through marriage. In contesting the validity of the newly applied rule, she alleges "sex discrimination, category discrimination [and] lack of agreement with the staff council [...] The Tribunal holds that, even if the allegation was well founded in fact, it would not affect the validity of [the rule] inasmuch as the Director-General by making the rule would not be exceeding the powers conferred upon him under [...] the general rules of the organization."
Keywords:
amendment to the rules; equal treatment; local status; marital status; nationality; non-local status; provision; sex discrimination; staff regulations and rules;
Judgment 167
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Vide Judgment 168, consideration 2.
Reference(s)
ILOAT Judgment(s): 168
Keywords:
amendment to the rules; equal treatment; local status; marital status; nationality; non-local status; provision; sex discrimination; staff regulations and rules;
Judgment 166
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he fact that other staff members whose contracts, like that of [the complainant] had not been extended were able to find other posts within the [organization] does not in itself prove that the decisions not to appoint the complainant to the [...] posts [applied for] are tainted by misuse of authority. While it may be a matter for regret that [the complainant], whose efficiency is not in question, should have had to leave the service of [the organization], the Tribunal can only find that the decisions impugned are legally valid."
Keywords:
abuse of power; contract; discretion; equal treatment; fixed-term; judicial review; misuse of authority; non-renewal of contract;
Judgment 107
17th Session, 1967
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The organization's [statutory] obligation to have regard to [the] qualifications [of members of the organization] implies, in the first place, that they are entitled to take part in any competitions that may be open to them. [T]his right [...] necessarily include[s] the right to demand that the arrangements for the competition ensure the appointment of the candidate who is really the best qualified. In other words, at every stage of the competition including the arrangements made, the conduct of the tests and the evaluation of their results, every candidate must be treated on an equal footing and with full impartiality."
Keywords:
competition; equal treatment; organisation's duties; procedure before the tribunal; safeguard;
Consideration 2(A)
Extract:
"It is of no importance that the tests [of the second examination] differed to some extent from those taken by complainant [in the first examination]; the organization was quite right not to repeat the preceding examination exactly so that applicants who had taken the first examination should not be favoured at the expense of those who took the second."
Keywords:
competition; equal treatment;
Judgment 66
11th Session, 1962
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
An international civil servant is not entitled to require that the publication of work carried out within the scope of his duties be done under his name. "However, where the organisation decides of its own volition that the publication shall bear the name of its authors, the organisation is bound to respect the principle of equality as between officials in the same position and, consequently, to mention the name of all those who can claim authorship."
Keywords:
equal treatment; proprietary rights; publication;
Judgment 60
10th Session, 1962
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration II 2(A)
Extract:
"The complainant does not claim nor establish that during [the material] period her duties and responsibilities justified her being graded M.5, and it must therefore be concluded that she was correctly graded. Moreover, she has not established that other officials had been regraded M.5 although they performed exactly the same duties as she did. Hence she cannot complain of discrimination."
Keywords:
equal treatment; evidence; lack of evidence; post classification;
Judgment 39
7th Session, 1958
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The adoption of revised salary scales together with a new classification plan [...] cannot in itself be put forward as justification for proceeding to an arbitrary and unfair treatment of officials [...]. Any such system may only be applied in the interest of the organisation and in accordance with the guarantees [set out in the Staff Regulations]; it is only where evidence has been adduced before the Tribunal to show that the organisation failed properly and fairly to observe the terms of an official's appointment and of the [...] regulations applicable that a claim would be in judgment."
Keywords:
amendment to the rules; equal treatment; grade; judicial review; post classification; provision; salary; scale; staff regulations and rules;
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