Equal treatment (188, 189, 900, 663,-666)
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Keywords: Equal treatment
Total judgments found: 235
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Judgment 1787
86th Session, 1999
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Although the abolition of his post did demand of the Organization efforts to place him suitably and at the right grade elsewhere, he had no right to preference for any particular post, the less so since others were in the same plight. He may object to the Organization's failure to let him have the transfer he wanted, but such failure does not make it unlawful for the organization to have appointed another official to the post he had applied for, provided at least that that official was qualified."
Keywords:
abolition of post; appointment; competition; condition; equal treatment; grade; organisation's duties; post; priority; qualifications; reassignment; right;
Judgment 1600
82nd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"If a decision to promote is taken against the Board's advice and on the basis of considerations other than ability and the record of performance, as prescribed in Article 49(7) of the Service Regulations, then fairness and impartiality can no longer be ensured. The reasons given for the impugned decisions are inappropriate for the promotion procedure established by Article 49 and amount to denial of the equal treatment the complainants were entitled to."
Reference(s)
Organization rules reference: ARTICLE 49(7) OF THE EPO SERVICE REGULATIONS
Keywords:
criteria; equal treatment; performance report; personal file; promotion; promotion board; qualifications; safeguard; staff member's interest; staff regulations and rules;
Judgment 1549
81st Session, 1996
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The purpose of competition is to let everyone who wants a post compete for it equally. So precedent demands scrupulous compliance with the rules announced beforehand: patere legem quam ipse fecisti."
Reference(s)
ILOAT Judgment(s): 107, 729, 1071, 1077, 1158, 1223, 1359
Keywords:
appointment; case law; competition; due process; equal treatment; organisation's duties; patere legem; selection procedure; staff regulations and rules; vacancy;
Consideration 13
Extract:
"Although an organisation [may consider] late applicants, it must, whenever a competition is required or desired, announce a new deadline in the same way as it did the vacancy. It will then commit no breach of equality and the competition will be seen as fair."
Keywords:
appointment; candidate; competition; delay; due process; equal treatment; internal candidate; new time limit; organisation's duties; receivability of the complaint; selection procedure; time limit; vacancy; vacancy notice;
Consideration 9
Extract:
"Any applicant [for employment], whatever his hopes of success, must be considered in good faith and in line with the basic rules of fair competition."
Keywords:
appointment; candidate; competition; due process; equal treatment; general principle; good faith; internal candidate; organisation's duties; vacancy;
Judgment 1536
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant seeks admission to the health insurance fund two years after his retirement even though the time limit for such claims is three months. "The answer to the complainant's plea of breach of equality is that the admission of the other retired official as an associate participant was a wrong decision. It should not be followed, and the board of management was right to refuse to follow it. Equality of treatment means equality in the observance of the law, not in the breach of it."
Keywords:
definition; equal treatment; general principle; health insurance; illness; insurance; retirement; time limit;
Judgment 1497
80th Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Anyone who applies for a post to be filled by some process of selection is entitled to have his application considered in good faith and in keeping with the basic rules of fair and open competition. That is a right that every applicant must enjoy, whatever his hopes of success may be."
Keywords:
candidate; cause of action; competition; equal treatment; good faith; organisation's duties;
Judgment 1491
80th Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The rule against discrimination "holds good only where staff who are in like case both in law and in fact have not been treated alike. Under CERN's agreement with France its staff are exempt in that country from direct taxation on their earnings from the organization. But the provision does not apply to French citizens, who do not enjoy exemption from tax on their earnings from CERN and are therefore, by reason of the terms of an agreement that CERN is bound by, not in the same position in law as staff of other nationalities."
Keywords:
domestic law; equal treatment; general principle; nationality; privileges and immunities; tax;
Consideration 8
Extract:
In respect of earnings from other sources than CERN, "the staff who are not French do fare better because only their other income counts for the purpose of reckoning rates of income tax and it therefore falls within lower tax brackets, whereas for the French citizens the whole of their income counts for that purpose. But the difference in treatment is not of the organization's making: it is due solely to the working of French tax law."
Keywords:
domestic law; equal treatment; nationality; rate; refund; tax;
Judgment 1461
79th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainants impugn decisions refusing them an allowance. The Tribunal considers that "since the decisions are set aside the complainants are also entitled to payment of the interest on arrears that they claim. Interest on arrears is due by virtue of the principle of equal treatment [...]. The principle lays on the organisation the duty to pay such interest so as to restore parity between someone who got [an] allowance at the due date and someone who got it later."
Keywords:
allowance; date; equal treatment; interest on damages;
Judgment 1445
79th Session, 1995
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Consistent precedent has it that there cannot be breach of equal treatment unless there is different treatment of officials who are in like position in fact and in law."
Keywords:
breach; case law; condition; equal treatment;
Consideration 7
Extract:
The complainant was charged with making false statements to collect certain benefits. He says the organisation's policy was easy going and alleges breach of equal treatment. "There is no evidence to show just what the practice that the complainant relies on may have been: it does not seem to be a general one. Nor is there any evidence to suggest that those who he says benefited from it were all in the same position in fact and law as he. Indeed [...] his position in fact was peculiar to him since it was he who processed claims to the refund of education expenses. So he may not claim the same treatment as other officials".
Keywords:
equal treatment; evidence; general principle; practice;
Judgment 1436
79th Session, 1995
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"However regrettable it may be that there are too few women in senior posts at the ITU - and for that matter in most international organisations - the Tribunal is satisfied that the complainant was not discriminated against. There was no breach of the General Assembly Resolution of 23 December 1992 [on women's contributions to the work of international organisations]: the Secretary-General could not have used his authority to get her name put on the short list."
Keywords:
applicable law; equal treatment; general assembly resolution; international civil service principles; promotion board; selection board; sex discrimination;
Judgment 1420
78th Session, 1995
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The purpose of regular salary adjustments, which are a feature "of all international pay schemes under some name or another, is to maintain or restore parity in purchasing power between staff whatever their duty station may be. By refusing to ensure parity of pay by that means the council in fact discriminated against staff stationed in Munich. For that reason alone the Council's decision on this particular adjustment must be deemed invalid."
Keywords:
adjustment; duty station; equal treatment; purpose; salary;
Judgment 1416
78th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant charged the organization with breach of equal treatment when it assigned her to a new career path. The answer the Director-General gave her was ambiguous. "The Tribunal cannot therefore review the Director-General's reason for declining to put her on the same path as the other official, nor tell whether cern abided by the rules on fairness. Not having enough evidence to make a ruling, it will quash the impugned decision, though it will not order cern to put her on path iv as she asks."
Keywords:
assignment; career; equal treatment; equity; grounds; judicial review; promotion; refusal;
Judgment 1415
78th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Vide Judgment 1413, consideration 6.
Keywords:
breach; equal treatment; evidence; judicial review;
Judgment 1414
78th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 1413, consideration 6.
Keywords:
breach; equal treatment; evidence; judicial review;
Judgment 1413
78th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant's charge of "discriminatory and unfair treatment is in too general terms to be entertained".
Keywords:
breach; equal treatment; evidence; judicial review;
Judgment 1412
78th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant may not, "in the context of a challenge to the choice of career path, object to earlier delays which he believes held up his advancement. Nor has he any grounds for saying that putting him on path V may 'discourage' him: CERN's evident purpose in making such ambitious reforms is to act in the general interest and try to ensure equal treatment for all its staff."
Keywords:
assignment; career; delay; equal treatment; organisation's interest; procedure before the tribunal; promotion; staff member's interest;
Judgment 1390
78th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
Article 15 of Annex 1 to the Eurocontrol Convention says that "the Agency shall be empowered to recruit personnel directly only if the contracting parties are unable to make qualified personnel available to it". The Tribunal holds that the provision "limits the organisation's freedom to recruit by giving priority to candidates prescribed by the contracting parties over 'outside' candidates, but it puts no restrictions on the organisation's freedom to assess the suitability of applicants, wherever they may come from, nor its right to give serving staff a reasonable opportunity of advancement provided that they are as well qualified as other candidates."
Reference(s)
Organization rules reference: ARTICLE 15 OF ANNEX 1 TO THE EUROCONTROL CONVENTION
Keywords:
appointment; candidate; career; competition; competition cancelled; discretion; equal treatment; internal candidate; international instrument; interpretation; legitimate expectation; member state; official; priority; promotion; qualifications;
Judgment 1369
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 17-18
Extract:
It is in the light of such precepts that the Tribunal rules below on the case of Eurocontrol. After years of conflict with the staff and a spate of litigation uncertain in outcome and - as the Director General properly observed - adverse in effect, Eurocontrol came round to a cooperative approach by concluding the agreement of 9 January 1992. By virtue of its contractual nature it is a source of law which in the interests of both sides the Tribunal regards as material.
Eurocontrol is right in pleading that the collective procedure set up under the agreement cannot supersede each staff member's defence of his own rights. A collective agreement, even though concluded with staff associations acknowledged to be representative, does not divest the staff member of the safeguards he enjoys under the Staff Regulations. By the same token there is nothing to keep him from relying on a collective agreement even if, not being a member of a staff association, he is not himself privy to it. Such indeed are consequences that flow from freedom of association and the principle of equal treatment.
Keywords:
collective agreement; collective rights; equal treatment; freedom of association; right of appeal; safeguard; staff member's interest; staff regulations and rules; staff union; staff union agreement;
Judgment 1366
77th Session, 1994
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant's education grant gave rise to an overpayment. "He seeks to justify his behaviour by pleading that other staff members had done the same. The plea fails because equality in law does not embrace equality in the breach of it."
Keywords:
amount; education expenses; equal treatment; refund; unjust enrichment;
Judgment 1364
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
Vide Judgment 1324, consideration 9.
Reference(s)
ILOAT Judgment(s): 1324
Keywords:
amendment to the rules; equal treatment; home; home leave; nationality; official; refusal; request by a party;
Judgment 1339
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"An official's acceptance of the regulations and rules does not preclude his arguing that some provision of them is discriminatory as it affects him. If the organization's argument were sustained, no staff member would be free to challenge a rule. The complainant is entitled to found his case on the plea of discrimination even though in the event it proves unsuccessful."
Keywords:
acceptance; equal treatment; provision; right of appeal; staff member's interest; staff regulations and rules;
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