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Seniority (278, 279, 280,-666)
You searched for:
Keywords: Seniority
Total judgments found: 52
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Judgment 656
55th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Although the experience of examiners and translators counts only in part the reason is that it is of limited use to them in performing their duties at the EPO. But the reason why the experience of lawyers counts in full is that, as the EPO actually admits, they are able to adapt quickly to their new duties [...]. In other words, the difference in the calculation of seniority is due to a difference of fact and there is no tipping of the balance that needs to be offset. What the EPO describes as a kind of compensation in the counting of months is in fact a breach of the principle of equality."
Keywords:
difference; equal treatment; professional experience; rate; reckoning; seniority;
Consideration 5
Extract:
"The EPO may determine questions of seniority according to more or less formal criteria. Thus it may, for example, discount months altogether in reckoning different groups of staff. Accordingly, the practice of discounting months short of one year in reckoning the seniority of all who are lawyers is not in itself a breach of the principle of equality. The breach of the principle lies in treating examiners and translators more favourably than lawyers."
Keywords:
criteria; difference; equal treatment; professional experience; reckoning; seniority;
Judgment 598
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
By assimilating military and technical co-operation, the President erred in law. "The error of law does not mean that the Tribunal gives the complainant full satisfaction. Not every form of co-operation service necessarily has to count. Subject to review by the Tribunal, the President is free to exercise his discretion, having regard to the [relevant] guidelines."
Keywords:
cooperation service; discretion; professional experience; reckoning; seniority;
Judgment 597
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Vide Judgment 598, consideration 6.
Reference(s)
ILOAT Judgment(s): 598
Keywords:
cooperation service; discretion; professional experience; reckoning; seniority;
Judgment 596
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The rules on reckoning seniority are not among those intended to be inviolate. They do not have any far-reaching effect on the complainant's advancement. [...] Provisions on the conditions of promotion do not create acquired rights for an official, they are subject to amendment, and the staff member may expect them to be amended."
Keywords:
acquired right; amendment to the rules; promotion; provision; seniority; staff regulations and rules;
Judgment 572
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"While [the system] gives the President a discretionary power [with respect to the calculation of seniority], it is not disputed that the rules themselves and the decisions made thereunder must conform with the principle of equality of treatment."
Keywords:
discretion; equal treatment; limits; professional experience; reckoning; seniority; step;
Judgment 564
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant was not appointed to a post for which he had applied. "The Tribunal will not declare whether the complainant was fit to hold the post. It merely observes that his possession of the qualifications he mentions does not mean that he was necessarily the right person for the vacancy."
Keywords:
appointment; candidate; competition; judicial review; qualifications; seniority; vacancy;
Consideration 9
Extract:
The complainant was eliminated from a competition. Another candidate was selected: "It is no breach of any provision of the Staff Regulations to promote someone who has been in his previous grade for only a year. It is immaterial whether that is common practice or not."
Keywords:
condition; grade; practice; promotion; seniority;
Judgment 347
40th Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant was promoted but granted no seniority at his new step. He failed to impugn that decision in time. Claiming that he had been less fairly treated than officials promoted in the meantime, the complainant submitted a further request to the Director-General, which was dismissed. Although the effect of that decision is the same as that of the first decision, it is an answer to the claim made by the complainant. "Since it is not merely confirmatory, it may be impugned before the Tribunal."
Keywords:
confirmatory decision; internal appeal; promotion; receivability of the complaint; seniority; time bar;
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:
"It is of course inevitable that, if a salary scale has a maximum figure, there can be no further reward for length of service after the maximum has been reached. Whether this is fair or not [...], it is the same for all."
Keywords:
enforcement; salary; scale; seniority; top step;
Judgment 251
34th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In choosing from among several candidates [...] length of service and university education are not the sole criteria. In fact the most important one is fitness for the vacant post."
Keywords:
appointment; candidate; condition; degree; elements; qualifications; seniority; vacancy;
Judgment 217
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
According to the texts bonuses which take account of previous experience form part of the terms of appointment. The complainant was confirmed before the new provisions came into effect. He cannot therefore claim benefit under these new regulations. "He could only do so if that article was retroactive to the date at which the complainant was recruited, which is not the case."
Keywords:
amendment to the rules; increment; non-retroactivity; professional experience; provision; seniority; staff regulations and rules; terms of appointment;
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;
Judgment 202
30th Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Seniority bonuses are part of the terms of recruitment. Only by retroactive application of the new Staff Rules could the complainant be granted an additional bonus. But the new rules are not retroactive and the complainant's reliance on them is ill-founded.
Keywords:
amendment to the rules; enforcement; increment; non-retroactivity; professional experience; provision; seniority; staff regulations and rules; terms of appointment;
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