Qualifications (311, 312, 313, 314, 661,-666)
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Keywords: Qualifications
Total judgments found: 95
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Judgment 977
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9(D)(V)
Extract:
"The Director-General ended the temporary appointment because he did not consider the complainant suitable for the post. [...] Nationality was an important criterion because the holder of the post must be able to travel to the [Occupied Arab] Territories without interference or difficulty. [...] The decision [...] was at the Director-General's discretion and the exercise of his discretion was proper."
Keywords:
assignment; criteria; discretion; nationality; qualifications;
Judgment 824
62nd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal may not replace with its own the Director-General's assessment of a staff member's conduct, work and qualifications. All it may do in the matter of an appointment, promotion or transfer is review the decision to see whether it was taken without authority, or whether there was a procedural or formal flaw, or a mistake of law or of fact, or abuse of authority, or a mistaken conclusion from the evidence, or whether some essential fact was overlooked."
Keywords:
appointment; conduct; discretion; judicial review; promotion; qualifications; transfer; work appraisal;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"The Director-General's authority is not absolute and quite plainly he failed in this case to pay due regard to the complainant's qualifications and experience in picking P.5 posts."
Keywords:
assignment; degree; discretion; disregard of essential fact; executive head; grade; limits; professional experience; qualifications;
Judgment 724
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"An official of an international organisation may find that his supervisors do not give him full credit for the talents he sees in himself and that he does not get the promotion he thinks he deserves. That will not as a rule entitle him to damages for moral injury."
Keywords:
moral injury; qualifications; work appraisal; working relations;
Judgment 687
57th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Implicit in [Article 13 of the EPO Service Regulations] and in the general principles which govern the international civil service is the notion that the purpose of probation is to find out whether the official is capable of a satisfactory career in the organisation. The competent authority will determine on the evidence before it, and possibly after extension of the probation, whether to dismiss the official or to confirm his appointment."
Reference(s)
Organization rules reference: ARTICLE 13 EPO SERVICE REGULATIONS
Keywords:
international civil service principles; probationary period; purpose; qualifications; staff regulations and rules;
Judgment 651
55th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant maintains that the organization denied him the priority he was entitled to under the reduction-in-force procedure in the Staff Rules. He refers to the existence of five posts, "but he fails to establish that he was qualified for any of them or better qualified than the incumbents. In other words, he has not shown that the conditions for granting him the priority he claims were fulfilled."
Keywords:
abolition of post; condition; priority; qualifications; reassignment; termination of employment; vacancy;
Judgment 648
55th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
It is proper for an organization to wish to have full information on candidates in order to secure staff of sound technical competence and high moral integrity. "Whether the candidate qualifies is a matter which the executive head must be left to determine at his discretion, and the Tribunal will not review the exercise of such discretion."
Keywords:
appointment; condition; discretion; fitness for international civil service; judicial review; qualifications;
Consideration 4
Extract:
Before formally offering the candidate an appointment, the organization will ask for information from his employer and other suitable referees. "The Tribunal sees nothing untoward in taking account of such information in recruiting an international civil servant, the practice deriving from a reasonable desire to have full information on candidates and secure staff of sound technical competence and high moral integrity."
Keywords:
appointment; condition; evidence; offer; qualifications;
Judgment 630
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
All staff members should hold a post and perform the duties pertaining thereto. This "principle will not in practice have the effect of impairing the legitimate authority of the head of branch. Work requirements will determine how staff are to be assigned, and the result may be that a staff member has some of his duties taken away from him or is set to work that does not quite match his inclinations or even his talents. The supervisor is also entitled to propose that a staff member be moved [...] but so long as the staff member remains in a particular branch the head must see to it that he is given real work."
Keywords:
assignment; official; organisation's duties; organisation's interest; post; qualifications; refusal to assign work; request by a party; right; staff member's duties; supervisor; transfer;
Judgment 619
53rd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
None of the three candidates met all the requirements. The organization cancelled the competition and delayed making an appointment for the vacant position. The provision on which the complainant relies "is not supposed to require [the organization] to choose someone, even if he has the best qualifications, who is still not qualified for the job and it was no breach of [the material rule] not to appoint any of them."
Keywords:
candidate; competition; competition cancelled; discretion; qualifications;
Judgment 577
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The decision not to renew the complainant's contract was taken in the framework of economy measures requiring the abolition of certain posts. The complainant was not qualified to hold any of the vacant posts available [...] and his linguistic skills were insufficient to [permit] alternative employment [to be obtained] for him. His allegation of discrimination is, in the circumstances, unfounded."
Keywords:
abolition of post; budgetary reasons; condition; contract; fixed-term; non-renewal of contract; qualifications; reassignment;
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;
Judgment 549
50th Session, 1983
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The ending of the work on which an officer is engaged is not in all circumstances a conclusive justification of non-renewal; the possibility of using his services in other ways is also a factor to be considered. In the present case, however, the organization rightly contends that the complainant's qualifications as an analyst programmer were so specialised as to make it useless to consider posts in other departments."
Keywords:
contract; fixed-term; non-renewal of contract; qualifications;
Judgment 524
49th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[It is not] in breach of the principle of equality of treatment to demand any particular language qualifications or specialised knowledge for a vacancy. The principle requires equal treatment and absence of discrimination only where the circumstances are similar. Where the very nature of the post to be filled makes special qualifications necessary, it is reasonable and right for the organisation to require that candidates possess them."
Keywords:
appointment; competition; condition; equal treatment; judicial review; knowledge of languages; qualifications; vacancy;
Judgment 521
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant, like two other candidates [Judgments Nos. 519 and 520] was rejected for a particular vacancy for lack of a university degree. "Had it not been for this lack, he would have had a strong claim to be considered, since he had for five years been second in command of the unit to which the post belonged and during an earlier vacancy he had for over a year been in charge of the unit."
Reference(s)
ILOAT Judgment(s): 519, 520
Keywords:
appointment; candidate; competition; condition; degree; professional experience; qualifications; vacancy;
Considerations
Extract:
The Board of Appeal expressed the opinion that the educational requirements for the post in question were excessive and tended to restrict staff career opportunities. "The point can be brought within the competence of the Tribunal only if there is an allegation, which in this case there is not, that the imposition of minimum qualifications is a breach of some regulation or rule or of some term of the complainant's contract of employment."
Keywords:
appointment; competence of tribunal; competition; condition; degree; judicial review; qualifications; vacancy;
Judgment 520
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Tribunal will not consider whether it is [...] open to the complainant to complain directly to the Tribunal of prejudice resulting from her staff activities. Assuming that it is open and assuming also that the complainant is right in her contention that the burden of proof is upon the organization to show that her non-selection was not due to her staff activities, that burden has been discharged. she was not selected because she was not qualified."
Keywords:
bias; candidate; competition; qualifications; staff union activity;
Judgment 519
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant's application for an appointment was eliminated because he did not meet the minimum qualification [a university degree]. "He asserts, which may be right, that the qualifications are higher than those needed for the job", but does not support the allegation. He makes other allegations of procedural irregularities and general prejudice against him, "allegations which it is unnecessary to consider since, so long as the educational qualification stands, the rejection of the complainant was inevitable."
Keywords:
appointment; candidate; competition; condition; degree; judicial review; professional experience; qualifications; vacancy;
Judgment 416
44th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The rights that arise from the performance of duties (remuneration, promotion, guarantee of employment) are suspended until reinstatement. "Reinstatement is [...] subject to two cumulative conditions: first, there must be a vacant post and, secondly, the staff member must be qualified for it."
Keywords:
career; compassionate leave; condition; consequence; qualifications; reinstatement; special leave; vacancy;
Consideration 2
Extract:
The complainant failed to meet the requirements for a vacant post and lacked the necessary qualifications for a further post. The decision of the Director-General not to reinstate(*) her "was therefore taken under the authority which [he] enjoys and is not tainted with any mistake of law or any other flaw."
(*) The complainant had taken leave "on personal grounds".
Keywords:
compassionate leave; judicial review; qualifications; refusal; reinstatement; special leave; vacancy;
Judgment 397
43rd Session, 1980
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The complainant alleges that the staff member appointed to the [...] post to which she herself lays claim has no experience in the subject of his work, and that she herself does. She nevertheless refrains from saying that he does not have the qualifications required and she has therefore failed to establish any breach of the principle laid down [in the material provision] whereby staff members are assigned to duties in accordance with their qualifications."
Keywords:
assignment; qualifications;
Judgment 389
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"it is immaterial that when the [organization] appointed the complainant it was or ought to have been aware of his lack of proficiency in french. the fact that it put him on one year's probation shows that it did not regard itself as bound by any opinion it formed or may have formed at the time when it concluded the contract."
Keywords:
knowledge of languages; probationary period; purpose; qualifications;
Consideration 3
Extract:
On several occasions the complainant was criticised for his inability to carry out his duties [too academic, lack of practical sense, insufficient knowledge of language of communication]. His transfer was requested. "Since those criticisms were made by the complainant's immediate supervisors [...] they demanded attention. [...] It was open to the Director-General, without exceeding or abusing his discretionary authority, to conclude that it would not be in the [organization's] interests to continue to employ the complainant."
Keywords:
discretion; knowledge of languages; organisation's interest; probationary period; qualifications; termination of employment; unsatisfactory service;
Judgment 334
40th Session, 1978
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant's post was abolished and for a trial period he was assigned other duties. The Secretary-General was bound to take account of the reports on his performance in the various posts he held. More or less severe criticisms were made of him. In view of the evidence before the Tribunal, the Secretary-General may not be said to have drawn clearly mistaken conclusions therefrom, which warranted the termination of his appointment.
Reference(s)
Organization rules reference: SECTION 9.1 ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
abolition of post; judicial review; mistaken conclusion; probationary period; qualifications; reassignment; termination of employment; unsatisfactory service;
Consideration 4
Extract:
The complainant argues that as a permanent official who had lost his post he was entitled to be appointed to a suitable vacant post without having to take a test. The applicable regulation provides for the grant of priority subject to two conditions: the existence of a suitable vacant post and the staff member's capacity to give useful service in that post. "To determine whether the two conditions are met it may sometimes be necessary to test the staff member whose post has been abolished." There was no mistake of law.
Reference(s)
Organization rules reference: SECTION 9.1 ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
abolition of post; condition; contract; permanent appointment; priority; probationary period; qualifications; reassignment; termination of employment; vacancy;
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