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Vacancy (258,-666)
You searched for:
Keywords: Vacancy
Total judgments found: 42
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Judgment 4008
126th Session, 2018
Energy Charter Conference
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: In her first complaint, the complainant challenges the decision not to extend her fixed-term contract following the abolition of her post, but to give her a Project Staff contract. In her second complaint, she challenges three vacancy notices concerning C category posts and in her third complaint, she challenges the rejection of her application for two of these posts.
Consideration 17
Extract:
Ordinarily, a vacancy notice is neither a final administrative decision nor a decision adversely affecting an individual staff member (see Judgment 2540, under 22). However, there may be circumstances where a vacancy notice can have an adverse effect. This is the case here. The vacancy notices to which the complainant responded and which concerned positions that were intended to replace hers adversely affect her in that they are connected with the non-extension of her fixed-term contract flowing from the abolition of her post.
Keywords:
injury; vacancy;
Judgment 3503
120th Session, 2015
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the lawfulness of the appointment of two staff members to grade G-6 posts.
Judgment keywords
Keywords:
appointment; case sent back to organisation; complaint allowed; decision quashed; right of appeal; vacancy;
Judgment 3419
119th Session, 2015
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the complainant was entitled to moral damages for identified errors of the Administration.
Judgment keywords
Keywords:
complaint allowed; decision quashed; vacancy;
Judgment 3191
114th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants successfully challenge a recruitment procedure which they considered as flawed.
Consideration 8
Extract:
"The EPO’s position grounded on a distinction between an appointment and a promotion is fundamentally flawed. An appointment is simply the assignment of an individual to a particular position or post. A promotion is the assignment of an individual to a higher position or rank. The fact that a so called appointment process is used to make a selection or that the assignment is called an appointment does not exclude the fact that it may also be a promotion by virtue of the fact that it also involves the attainment of a higher position or rank or, in this context, grade."
Keywords:
appointment; competition; executive head; flaw; promotion; promotion board; selection board; vacancy; vacancy notice;
Consideration 14
Extract:
"Regarding the contents of the vacancy notice, the confusion, to the extent there was some confusion among potential applicants, involved confusion about the interpretation of the Service Regulations and not the interpretation of the content of the vacancy notice itself. However, in these circumstances, where the EPO was aware of the confusion surrounding the interpretation of its Regulations, it was incumbent on the Administration to clarify the requirements for the position in the vacancy notice."
Keywords:
formal requirements; organisation's duties; staff member's interest; vacancy; vacancy notice;
Judgment 3032
111th Session, 2011
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 17- 18
Extract:
The complainants take the defendant to task for having unlawfully doubled the number of posts to be filled. According to them, any ex post facto change in the legal framework for the competition established by the vacancy notice breaches the principle of transparency of administrative procedures. [...]
According to the Tribunal's case law, when a vacancy is to be filled, staff members must be given sufficient information to enable them to exercise their rights without facing any unnecessary hindrance. A competition aimed at filling a vacant post must be held under satisfactory conditions of objectivity and transparency, which guarantee that the candidates will receive equal treatment (see, for example, Judgment 2210, under 5, and the case law cited therein).
In this case, the question is whether the failure to state explicitly in the vacancy notice that there were two senior translator/reviser posts to be filled might have dissuaded some people from submitting applications or prevented the competition from being conducted under satisfactory conditions of objectivity and transparency which guaranteed that the candidates received equal treatment.
The Tribunal, like the defendant, considers that, given that the qualifications and experience required were exactly the same for the two posts, it cannot reasonably be argued that some people would have applied if they had known that there were two posts instead of just one to be filled. Furthermore, the complainants, who entered the competition anyway, were not adversely affected by that circumstance.
It follows that, since the error committed in the vacancy notice did not taint the competition with any procedural flaw, the plea must be rejected.
Reference(s)
ILOAT Judgment(s): 2210
Keywords:
appointment; candidate; competition; duty to inform; equal treatment; formal requirements; official; organisation's duties; procedure before the tribunal; right of appeal; safeguard; selection procedure; vacancy;
Judgment 2938
109th Session, 2010
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal has determined that a staff member on leave on personal grounds is ipso facto no longer performing the duties of his former post and that, although during this leave he continues to be an official, the rights arising from the performance of his duties - remuneration, promotion, guarantee of employment, etc. - are suspended until he is reinstated. In the interests of the service the Agency may therefore use the vacant post (see Judgment 416, under 2). At the end of leave on personal grounds the employer nonetheless has a duty to reinstate the official provided that the two cumulative conditions laid down by [...] Article 40 [of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre] are met: firstly, there must be a vacant post and, secondly, the staff member must be qualified for it (see Judgment 2034, under 11). This duty must be fulfilled promptly and with due regard for the dignity of the staff member concerned and the principle of good faith."
Reference(s)
Organization rules reference: Article 40 of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre
ILOAT Judgment(s): 416, 2034
Keywords:
accumulation; assignment; compassionate leave; condition; consequence; general principle; good faith; organisation's duties; organisation's interest; period; post held by the complainant; promotion; qualifications; reinstatement; respect for dignity; right; safeguard; salary; security of tenure; special leave; staff regulations and rules; status of complainant; vacancy;
Judgment 2921
109th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"In addition to the absence of a closing date, the vacancy notice contained no information regarding the main duties of the position, the required qualifications, or an invitation to interested applicants to apply. This is the same issue that arose in Judgment 2920 [...]. In that judgment, the Tribunal observed: 'The underlying rationale for the publication of the vacancy notice is to permit qualified staff members to make an informed decision as to whether they should submit an application to be considered for the vacant post and to foster a policy consistent with [...] the Service Regulations. Although there are no set content requirements for a vacancy notice, it cannot be said that the notice [...] in the present case provided even the minimum information that a staff member would require to reach an informed decision.' "
Reference(s)
ILOAT Judgment(s): 2920
Keywords:
formal requirements; organisation's duties; publication; staff member's interest; vacancy; vacancy notice;
Judgment 2920
109th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The underlying rationale for the publication of the vacancy notice is to permit qualified staff members to make an informed decision as to whether they should submit an application to be considered for the vacant post and to foster a policy consistent with [...] the Service Regulations. Although there are no set content requirements for a vacancy notice, it cannot be said that the notice [...] in the present case provided even the minimum information that a staff member would require to reach an informed decision."
Keywords:
formal requirements; organisation's duties; publication; staff member's interest; vacancy; vacancy notice;
Judgment 2558
101st Session, 2006
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(b)
Extract:
The complainant was dismissed at the end of the extension of her probationary period. She criticises the way her probation was conducted. The Tribunal considers that her criticism "is not entirely unfounded. At the time she took up her duties, her predecessor had been retired for five months and staff changes continued among officials who should have been involved in training and supervising her and who were hence responsible for assessing her performance. It is clear, therefore, that during her probationary period the complainant did not enjoy the best assistance and supervision.
However regrettable these circumstances may be, they are not such as to invalidate either the decision to extend the complainant's probationary period beyond the end of 2002 or the decision to dismiss her at the end of the extension."
Keywords:
appointment; decision; extension of contract; flaw; organisation's duties; probationary period; retirement; supervisor; termination of employment; training; vacancy; work appraisal;
Judgment 2362
97th Session, 2004
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 8-9
Extract:
The complainant's candidacy to a vacant post was rejected. "She states that her immediate supervisor [had] received a minute from HRD, instructing her that in preparing her shortlist of candidates, priority should be given to internal candidates, then to those persons who had been working for the Office for an extended period on what are regarded as 'precarious' conditions, such as herself, and lastly to other external candidates. She contends that, contrary to the instructions in the minute, her supervisor reviewed all the candidates in order to prepare her shortlist, disregarding those priorities, thus rendering the selection decision null and void. [The Tribunal considers that] what is important, however, is that the recruitment procedure in the Staff Regulations and the terms of the vacancy notice were complied with. The priorities for shortlisting candidates were merely indicated in a minute from HRD."
Keywords:
appointment; breach; candidate; competition; information note; internal candidate; priority; procedure before the tribunal; refusal; staff regulations and rules; submissions; supervisor; terms of appointment; vacancy; vacancy notice;
Judgment 2294
96th Session, 2004
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10-11
Extract:
Case of an official who served the Organization for 16 years and always gave satisfaction, whose post was abolished. The Organization states "that although the complainant was entitled to apply for posts which fell vacant after his appointment had been terminated, he did not do so. [T]he Tribunal considers that it was up to [the Organization] to make proposals to the complainant and to give some preference to his application."
Keywords:
abolition of post; appointment; candidate; official; organisation's duties; post; post held by the complainant; priority; reassignment; right; seniority; separation from service; vacancy;
Judgment 2210
94th Session, 2003
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Where a reserve recruitment list is resorted to, the vacant post is filled without applying the competition procedure provided for in the above-mentioned provisions. Staff members must be given the possibility of entering competitions on the basis of which reserve lists for filling 'similar' posts are to be established. That possibility is denied them if they do not know what is meant by 'similar' posts. [...] The broader the definition of 'similar', the greater the risk of such occurrences. The requirements of equal treatment, objectivity and transparency in appointment procedures place the [organisation] under an obligation to provide a clear and precise definition of the concept of a 'similar' post. [...] It is the responsibility of the [organisation] to specify, in notices of competition, the nature of the posts which can be considered to be 'similar' for the purposes of any subsequent use of a reserve list."
Keywords:
appointment; candidate; competition; definition; equal treatment; good faith; organisation's duties; right; vacancy; vacancy notice;
Judgment 2072
91st Session, 2001
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant benefited from a voluntary separation programme that the organization had had to implement because of financial difficulties. He is challenging the refusal to consider his request for re-employment. "The organization cannot be taken to task for not considering him for [vacant] posts for which he had not applied, or for not offering him another [post] while it was still in financial straits."
Keywords:
agreed termination; budgetary reasons; competition; failure to answer claim; participation; post; refusal; reinstatement; request by a party; separation from service; vacancy; vacancy notice;
Judgment 2054
91st Session, 2001
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The Tribunal is unable to agree with the complainant that as a disabled former staff member he is entitled to a right to reassignment. There is no basis in the Staff Regulations for conferring on him a preferential status. As with any job applicant, he has to follow the procedures and apply for any desired vacant post. To rule otherwise would, in effect, introduce an amendment to the applicable rules to unduly favour disabled former staff members. As the Tribunal has held in Judgment 637 [...] the staff (much less former employees) 'may not demand amendment of the rules governing their employment'."
Reference(s)
ILOAT Judgment(s): 637
Keywords:
amendment to the rules; candidate; competition; handicapped person; priority; reassignment; right; separation from service; staff regulations and rules; vacancy;
Judgment 1865
87th Session, 1999
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7 and 10
Extract:
"Article 46(5) of the Service Regulations states that 'for a period of two years from the date on which assignment to reserve status takes effect a permanent employee shall have priority for reinstatement in any post corresponding to his grade which may fall vacant or be created, provided that he possesses the necessary qualifications and ability.' The obligation of [the organisation] is not to reinstate the official who has been assigned to reserve status, but to make all the necessary efforts for his reinstatement. In other words, it is not an obligation as to the outcome, but as to the means employed to achieve the outcome."
Reference(s)
Organization rules reference: ARTICLE 46(5) OF THE EPO SERVICE REGULATIONS
Keywords:
condition; creation of post; criteria; organisation's duties; priority; qualifications; reinstatement; staff regulations and rules; vacancy;
Judgment 1782
85th Session, 1998
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"What [Staff Rule 110.02 a) on abolition of posts and staff reduction] entitles staff members with permanent appointments to is preference to 'suitable posts in which their services can be effectively utilized', and that means posts not just at the same grade but even at a lower one. [...] The Advisory Group should have asked the complainant [who held grade G.7] at the outset whether she would accept a G.6 post. Because it failed to do so, it considered her for vacant posts at G.7 only and deprived her of the opportunity of being considered for G.6 vacancies." See also Judgment 346 [...].
Reference(s)
Organization rules reference: UNIDO'S STAFF RULE 110.02 A)
ILOAT Judgment(s): 346
Keywords:
abolition of post; contract; duration of appointment; grade; organisation's duties; permanent appointment; post; priority; staff reduction; staff regulations and rules; vacancy;
Judgment 1698
84th Session, 1998
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The Tribunal notes "that a vacancy notice [...] is necessarily a document whose validity is limited in time by the closing date of the particular competition which it announces. [...] The requirements of any post may of course change over time."
Keywords:
competition; condition; limits; vacancy; vacancy notice;
Judgment 1553
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
UNESCO Staff Regulation 4.4 grants priority to serving staff for appointment to vacant posts. "Despite the unanimous recommendations by the senior personnel advisory boards and by the Appeals Board the Organization failed to give the complainant priority for vacant posts. It put the wrong question to its units and to its bureau of personnel. The right question was not whether there was a post that fitted her qualifications and experience but whether there was a post of which she was capable of fulfilling the duties competently. [...] No instructions went out that she should be given priority for any vacant posts. So the decision to terminate her services rested on a misinterpretation of Regulation 4.4 and so on a mistake of law. That decision must therefore be set aside".
Reference(s)
Organization rules reference: UNESCO STAFF REGULATION 4.4
Keywords:
abolition of post; candidate; decision; internal candidate; interpretation; material damages; moral injury; organisation's duties; priority; qualifications; reassignment; reinstatement; staff regulations and rules; termination of employment; vacancy;
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 6
Extract:
"An official of an international organisation who applies for a vacancy is entitled to have his application considered and assessed according to the set procedure once the organisation admits it under the terms of the vacancy notice. It may not deny that an applicant has a cause of action after it has appointed someone else, especially if the applicant is challenging the appointment on the grounds of breach of his rights in failure to apply the proper procedure".
Keywords:
appointment; candidate; case law; cause of action; competition; due process; internal candidate; organisation's duties; receivability of the complaint; staff regulations and rules; 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 1527
81st Session, 1996
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant is challenging the lawfulness of the appointment of another official, who was promoted without a competition to a post for which the complainant considered himself qualified. The Tribunal holds that the post should "have been properly advertised and a selection made by competition." Even though the other official "had been performing the duties for about a year on her own G.7 post of administrative assistant, she could have been appointed to the vacant post only after the prescribed procedure had been followed. the itu was not free to bypass the procedure by promoting her to P.3."
Keywords:
appointment; competition; flaw; procedural flaw; promotion; vacancy; vacancy notice;
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