Equal treatment (188, 189, 900, 663,-666)
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Keywords: Equal treatment
Total judgments found: 235
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Judgment 1120
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
See Judgment 1121, consideration 6.
Reference(s)
ILOAT Judgment(s): 1121
Keywords:
adjustment; equal treatment; exception; reduction of salary; salary;
Judgment 1119
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
See Judgment 1121, consideration 6.
Keywords:
adjustment; equal treatment; exception; reduction of salary; salary;
Judgment 1080
70th Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainants object to the amount of their terminal entitlements and point out that another official got a much higher amount through an error made by the organization. "The unlawful handling of one case does not entitle the complainants to the same unlawful treatment."
Keywords:
amount; equal treatment; exception; flaw; terminal entitlements;
Judgment 1077
70th Session, 1991
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant objects to the outcome of a competition which she took part in. The Tribunal finds the material selection process is tainted with two flaws: the results were not "quantified" and the candidates were not anonymous. As the evaluation process was not a fair one, the complainant is entitled to damages.
Keywords:
bias; competition; equal treatment; procedural flaw;
Judgment 1071
70th Session, 1991
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Both the complainant and one other candidate, Mr. X, were short-listed after a post they applied for was put up for competition. The Selection Committee interviewed Mr. X and he then got the appointment. Referring to precedent as stated in Judgment 107, the Tribunal held that "the Selection Committee did not put the complainant on an equal footing with Mr. [X]: it interviewed him but not her." The selection procedure was flawed and the complainant entitled to damages.
Reference(s)
ILOAT Judgment(s): 107
Keywords:
candidate; competition; equal treatment; procedural flaw;
Judgment 1051
69th Session, 1990
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
ITU Staff Regulation 3.11.II.C.1 provides for differential reimbursement of education expenses according to whether or not the educational institution provides the child with board. The complainant submits that such a provision is discriminatory; as his son attends a school which does not provide board, he gets a smaller amount than others. The Tribunal holds that different contingencies call for different means of reimbursement.
Reference(s)
Organization rules reference: ITU STAFF REGULATION 3.11.II.C.1
Keywords:
difference; education expenses; equal treatment; refund;
Judgment 1022
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The general principle of equal treatment does not mean that everybody is to be subject to the same rules. It means rather that where officials are in like case the treatment of them must be the same, but where they are not, the treatment may be different."
Keywords:
equal treatment; general principle;
Judgment 1021
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Vide Judgment 1022, consideration 8.
Reference(s)
ILOAT Judgment(s): 1022
Keywords:
equal treatment; general principle;
Judgment 1020
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"Since the Tribunal may not review the policy decision to move to Lyon the only effect it can give to the doctrine of acquired rights as recognised by Interpol is to determine whether the arrangements for carrying out the move were properly objective. Since the transfer did disrupt the lives of its staff, the organization had a duty to ensure that there was no undue or pointless detriment to their interests. The consequences of the change which the transfer brought in the conditions of their employment are to be gauged against cardinal principles such as equality of treatment, good faith and the rule against retroactivity".
Keywords:
acquired right; amendment to the rules; equal treatment; general principle; good faith; judicial review; non-retroactivity; organisation's duties; terms of appointment; transfer of headquarters;
Judgment 1019
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
Vide Judgment 1020, consideration 13.
Reference(s)
ILOAT Judgment(s): 1020
Keywords:
acquired right; amendment to the rules; equal treatment; general principle; good faith; judicial review; non-retroactivity; organisation's duties; terms of appointment; transfer of headquarters;
Judgment 978
66th Session, 1989
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"None of the interveners is barred by any lapse of time from claiming entitlement to the non-resident's allowance and to the other benefits. [...] Acquiescence is not a valid plea open to the organization and a woman staff member may at any time object to discriminatory treatment."
Keywords:
allowance; continuing breach; equal treatment; intervention; non-resident allowance; receivability of the complaint; sex discrimination; time bar;
Summary
Extract:
UNESCO Staff Rule 031.14 (B) (III) formerly provided that "the non-resident's allowance shall not be paid, or shall cease to be paid, to a staff member [...] whose husband is a national of the country of the duty station" inasmuch as the word "husband" prevents the rule from applying to staff members whose wives are in the same situation, the provision is discriminatory and the impugned decision, which was based on the discriminatory provision, must therefore be quashed.
Reference(s)
Organization rules reference: FORMER UNESCO STAFF RULE 103.14(B)(III)
Keywords:
amendment to the rules; equal treatment; flaw; local status; marital status; non-local status; non-resident allowance; provision; sex discrimination; staff regulations and rules;
Judgment 957
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant contends that his professional experience was not properly reckoned in accordance with Circular 144 of 2 September 1985. He alleges breach of the principle of equal treatment inasmuch as his seniority was lower than that granted to someone with equivalent professional experience recruited as an A3 examiner. His plea fails "because the material provisions of the service regulations deal with promotion within the organisation as distinct from the attributions of grade and step on appointment: the comparison he is drawing is between staff members who are not in the same position in law."
Reference(s)
Organization rules reference: CIRCULAR 144
Keywords:
appointment; difference; equal treatment; grade; professional experience; promotion; reckoning; seniority; step;
Judgment 953
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The organisation has not discriminated against the complainant. Appointment is different from promotion and different rules may apply in determining the step due on appointment and the step due on promotion."
Keywords:
appointment; difference; equal treatment; professional experience; promotion; reckoning; seniority; step;
Judgment 917
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The "principles that govern the international civil service [...] forbid discrimination and require that all members of the staff be treated considerately and with respect for their dignity."
Keywords:
equal treatment; general principle; international civil service principles; organisation's duties; respect for dignity;
Judgment 895
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant contends that his seniority should be reckoned from the date at which he received a technical school diploma, before earning his university engineering degree. He submits that three British universities regard the technical school diploma as equivalent to a British Bachelor of Science degree. The Tribunal holds that "until there is a common system of scientific diplomas and degrees in Europe there are bound to be differences between the British and Dutch systems. In the circumstances, recognising such differences is not in breach of the principle of equal treatment."
Keywords:
date; degree; difference; equal treatment; professional experience; reckoning; seniority;
Judgment 870
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"It would be in breach of an official's rights as such and a denial of his entitlements under the procedure for personal promotion to discount any of his service, including periods he may have spent on secondment to technical assistance projects. But the complainant is in a quite different case since he was not yet an official when employed on such projects."
Keywords:
equal treatment; field; general principle; headquarters official; official; personal promotion; professional experience; project personnel; promotion; status of complainant;
Judgment 851
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"As the Tribunal ruled in Judgment 819 [...], it is not discriminatory to credit military and comparable service in full; indeed the purpose and the effect are to restore parity between those whose professional training has been held up by having to serve in the national interest and those who have been able to get on with their training without discharging that duty."
Reference(s)
ILOAT Judgment(s): 819
Keywords:
equal treatment; military service; professional experience; reckoning; seniority;
Consideration 14
Extract:
"There is no breach of the principle of equal treatment in the fact that the guidelines, so as to attract qualified people, set a higher value on a few kinds of experience, particularly those that are closely relevant to EPO work."
Keywords:
difference; equal treatment; professional experience; reckoning; seniority;
Consideration 10
Extract:
"Some differences will have to be allowed in the content and standard of engineering degrees until there is international standardisation. For an international organisation like the EPO the only fair and practical approach is to demand for an examiner's post the qualifications required for equivalent duties in the applicant's home country."
Keywords:
date; degree; difference; equal treatment; general principle; professional experience; reckoning; seniority; terms of appointment;
Summary
Extract:
The complainant objects to provisions in the new guidelines which discount periods of professional activity to the detriment of staff members on duty at 31 December 1984, since such experience may, in certain cases, be counted in full only for staff recruited after that date. The Tribunal observes that the Circular concerns recruitment and is intended to draw the skilled people needed by the Organisation. Accordingly, the Tribunal finds that the distinction at issue answers a need within the Organisation.
Keywords:
administrative instruction; amendment to the rules; equal treatment; organisation's interest; professional experience; provision; reckoning; seniority; terms of appointment;
Judgment 850
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9 and 11
Extract:
The complainant claims that useful experience he gained doing scientific work before receiving the academic degree on the strength of which he was appointed to the Office should count. That degree "is the qualification that determines what prior experience shall count. [...] The complainant may not avail himself of the opportunities provided by the [new] guidelines in favour of staff members who have been admitted as exceptional cases on the strength of their practical experience. The appointment of such staff members presupposes in each case a specific assessment of their experience, and no such assessment is made for university graduates."
Keywords:
administrative instruction; date; degree; equal treatment; professional experience; reckoning; seniority; terms of appointment;
Judgment 845
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Even if an examiner appointed after 1 January 1981 had been promoted contrary to the rapid promotion rule in CA/20/80, that is no reason for unlawfully promoting the complainant. As the Tribunal stated in Judgment 614, a complainant may not rely on unlawful treatment which conferred benefit on other staff members: equality in law does not mean equality in the breach of it."
Reference(s)
ILOAT Judgment(s): 614
Keywords:
appointment; date; difference; effective date; equal treatment; exception; flaw; general principle; personal promotion; promotion;
Judgment 832
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"The first [test] is the nature of the altered term. It may be in the contract or in the Staff regulations or Staff Rules or in a decision, and whereas the contract or a decision may give rise to acquired rights the Regulations and Rules do not necessarily do so. The second test is the reason for the change. It is material that the terms of appointment may often have to be adapted to circumstances, and there will ordinarily be no acquired right when a rule or a clause depends on variables such as the cost-of-living index or the value of the currency. Nor can the finances of the body that applies the terms of appointment be discounted. The third test is the consequence of allowing or disallowing an acquired right. What effect will the change have on staff pay and benefits ? And how do those who plead an acquired right fare as against others?"
Keywords:
acquired right; amendment to the rules; contract; cost-of-living increase; definition; equal treatment; exchange rate; provision; staff regulations and rules; terms of appointment;
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