Creation of post (260,-666)

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Keywords: Creation of post
Total judgments found: 9

• Judgment 2856

  
  107th Session, 2009
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "As the Tribunal pointed out in Judgment 1131, under 5, «[i]t may not supplant an organisation's view with its own on such matters as a restructuring of posts or redeployment of staff intended to make savings or improve efficiencies». Decisions on them are discretionary and the Tribunal's power of review in this respect is limited."

  Reference(s)

  ILOAT Judgment(s): 1131
  

  Keywords:

  abolition of post; creation of post; discretion; judicial review; limits; reassignment; reorganisation;
  

  
  
  

• Judgment 2747

  
  105th Session, 2008
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 14

  Extract:

  The complainant alleges that the regulations governing the creation of posts - in particular Regulation 2.2 of the Staff Regulations and Article 102.6.15 of the General Regulations of the UPU - have been violated. "[T]he Tribunal notes [...] that the complainant is entitled to rely on all the provisions of the General Regulations and Staff Regulations, including those which primarily concern relations between the Council of Administration and the Director General insofar as a breach of these provisions may affect his personal situation."

  Reference(s)

  Organization rules reference: Staff Regulation 2.2 and Article 102.6.15 of the General Regulations of the UPU
  
  

  Keywords:

  breach; consequence; creation of post; executive body; executive head; injury; provision; right; staff regulations and rules; written rule;
  

  
  
  

• Judgment 2742

  
  105th Session, 2008
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 34

  Extract:

  "It was said in Judgment 2510 that 'an international organisation necessarily has power to restructure some or all of its departments or units, including by the abolition of posts, the creation of new posts and the redeployment of staff'. The word 'necessarily' in that statement indicates that that power will be implied even if it is not expressly conferred by the relevant regulations. However, that power cannot be implied if it is contrary to the regulations."

  Reference(s)

  ILOAT Judgment(s): 2510
  

  Keywords:

  abolition of post; breach; creation of post; discretion; interpretation; organisation; reorganisation; written rule;
  

  
  
  

• Judgment 2510

  
  100th Session, 2006
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  "An international organisation necessarily has power to restructure some or all of its departments or units, including by the abolition of posts, the creation of new posts and the redeployment of staff (see Judgments 269 and 1614). As was pointed out in Judgment 1131, the Tribunal may not supplant an organisation's view with respect to these matters, and decisions on them are discretionary and subject to limited review."

  Reference(s)

  ILOAT Judgment(s): 269, 1131, 1614
  

  Keywords:

  abolition of post; creation of post; decision; discretion; judicial review; limits; post; reassignment; reorganisation;
  

  
  
  

• Judgment 2156

  
  93rd Session, 2002
  International Federation of Red Cross and Red Crescent Societies
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "Admittedly, precedent has it that international organisations can undertake restructuring where it is necessary to achieve greater effectiveness, or indeed to make savings, and can therefore regroup certain functions and make staff reductions. But any job abolitions arising out of such a policy must be justified by real needs, and not be immediately followed by the creation of equivalent posts."

  Keywords:

  abolition of post; case law; cause; creation of post; post; staff reduction; termination of employment;
  

  
  
  

• 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 1342

  
  77th Session, 1994
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 14

  Extract:

  The Organization decided not to extend the complainant's appointment. It submits that the project to which it assigned him was one of limited duration and that there was accordingly no need to apply the reduction-in-force procedure. "Here the project was not one of limited duration. First, the WHO has not produced any document which established the complainant's post or prescribed its duration. Moreover, even assuming that it might have begun as a post of limited duration, the several extensions of it show that it had become one of indefinite duration and the complainant was therefore entitled on the abolition of it to have the reduction-in-force procedure applied."

  Keywords:

  abolition of post; amendment to the rules; creation of post; due process; fixed-term; legitimate expectation; moral injury; permanent appointment; post; post held by the complainant; procedure before the tribunal; staff reduction;
  

  
  
  

• Judgment 1272

  
  75th Session, 1993
  World Tourism Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 15

  Extract:

  If someone from outside of the organization who was picked on the strength of experience and qualifications "is given responsibilities that confer authority over serving staff or entail even a temporary change in the organisation's structure, his appointment must comply with the usual rules on the establishment and filling of posts. That is so even where the contract he signs stipulates that he shall not be an international civil servant."

  Keywords:

  appointment; contract; creation of post; due process; external collaborator; staff regulations and rules; supervisor;
  

  Consideration 16

  Extract:

  To apply rules that make the competence of a candidate and his prior service in the organisation paramount considerations in filling vacancies means "that at the very least the staff must be told of the vacancy or of the creation of a post and anyone who wants to apply must be allowed to do so and must have the application considered according to objective criteria."

  Keywords:

  appointment; candidate; creation of post; duty to inform; organisation's duties; post; vacancy; vacancy notice;
  

  
  
  

• Judgment 1231

  
  74th Session, 1993
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 31 to 33

  Extract:

  A new post to which the complainant had been assigned was then abolished. The facts "lend weight to the complainant's view that 'shunting' him - as he puts it - into an empty administrative post was just a start to removing him. What bears out the foregoing is that apart from the broad allusion to 'interests' the impugned decisions disclose no consistent idea of reform warranting the creation of the post [in question] in 1989 or the abolition of it in 1991. There is no discerning in what happened anything but a series of makeshift measures taken - at heavy cost to the organization's coffers - to dispose of the case of an official Interpol wanted to discharge in disregard of due forms and process. To that extent there is a parallel in law with a case the Tribunal deplored in Judgment 807 [...]."

  Reference(s)

  ILOAT Judgment(s): 807
  

  Keywords:

  abolition of post; abuse of power; case law; creation of post; judicial review; misuse of authority; organisation's interest; post held by the complainant; refusal to assign work;