Seniority (278, 279, 280,-666)

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Keywords: Seniority
Total judgments found: 52

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• Judgment 4121

  
  127th Session, 2019
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the alleged failure to implement a decision to grant him three years’ seniority.

  Judgment keywords

  Keywords:

  complaint dismissed; promotion; seniority;
  

  
  
  

• Judgment 3165

  
  114th Session, 2013
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant unsuccessfully challenges the evaluation of his seniority following the creation of a new grades structure.

  Judgment keywords

  Reference(s)

  ILOAT Judgment(s): 2490
  

  Keywords:

  complaint dismissed; promotion; seniority;
  

  
  
  

• Judgment 2902

  
  108th Session, 2010
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 12 and 14

  Extract:

  "The complainant argues that the Organization breached its duty of care in failing to accommodate him in another post or in a manner less drastic than the non-renewal of his appointment. [...]
  The Organization had no obligation under the 200 Series of the Staff Rules to find an alternative post for the complainant. However, it had a duty to explore with him possible options prior to his separation. The failure to do so was an affront to his dignity and showed a lack of respect for him as a highly regarded long-serving staff member."

  Keywords:

  abolition of post; compensation; non-renewal of contract; organisation's duties; project personnel; reassignment; reorganisation; respect for dignity; seniority; staff regulations and rules; status of complainant;
  

  
  
  

• Judgment 2835

  
  107th Session, 2009
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 14

  Extract:

  "[T]here is nothing inherently wrong with the promotion of a candidate having less seniority where specific skills are required for a position."

  Keywords:

  candidate; criteria; equal treatment; promotion; qualifications; seniority;
  

  
  
  

• Judgment 2834

  
  107th Session, 2009
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "The Tribunal rejects the complainant's allegation of unequal treatment. The allegation is based on the fact that individuals having less seniority and lower-rated staff reports were invited to the assessment centre. According to the vacancy note, a candidate was expected to demonstrate the ability to manage a directorate comprising 25 to 30 examiners; particular attention would be paid to management potential, and a candidate would be assessed on the basis of his or her ability to manage, resolve disputes, implement policies, and communicate and interact with others. As these managerial skills are not a function of seniority or the requisite skills of an examiner, it cannot be said that preferring candidates with potential managerial skills over those with greater seniority or higher ratings as examiners constitutes unequal treatment."

  Keywords:

  candidate; criteria; equal treatment; performance report; promotion; seniority;
  

  Consideration 10

  Extract:

  "The complainant's plea that the decision not to invite him to an assessment was not based on objective and transparent criteria and was arbitrary appears to be grounded on the complainant's view that other less meritorious and less senior candidates were invited to participate in the assessment centre. Given that a key requirement identified in the vacancy note was managerial skills, in the absence of some evidence showing that the complainant possesses managerial ability or that he has the potential to be a good manager, the complainant's assertion is speculative at best."

  Keywords:

  burden of proof; candidate; competition; criteria; evidence; promotion; seniority;
  

  
  
  

• Judgment 2531

  
  101st Session, 2006
  World Trade Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 9-10

  Extract:

  "A question remains as to whether the complainant was given sufficient notice of the Organization's intention not to renew his contract. Precedent has it that staff on short-term contracts are entitled, before any decision is taken not to extend or renew their appointment, to 'reasonable notice', particularly so that they may exercise their right to appeal and take whatever action may be necessary. It is true that in this case the short-term Staff Rules do not require any notice, except in the event of termination (when notice is limited to seven days), which does not apply in this case. Account should be taken, however, of the fact that the complainant was employed uninterruptedly by the Organization for more than three years. He was officially notified of the non-renewal of his contract - which until then had been regularly renewed - only by a letter he received on 28 January 2004, that is three days prior to the expiry of his last appointment. The defendant Organization suggests that he was well aware that his contract would not be renewed since he had been informed of that fact first unofficially and then officially on 16 January 2004. It even goes so far as to argue that the announcement of the competition for the complainant's post in the vacancy notice of 27 October 2003 constituted the 'reasonable notice' required by the case law and that, from that date onwards, the complainant knew full well that if he was not selected he would not continue working for the [Organization].
  
  The Tribunal considers that it was only through the non-renewal decision received on 28 January 2004 that the complainant was able to know for certain that he would be leaving the Organization and that he would not be offered any other employment, despite the fact that [...] he had performed many duties, starting in 1998. Thus the situation is not very different from that dealt with by the Tribunal in its Judgment 2104 [...] and it is worth noting that, in its attempt to reach a settlement, the Organization had offered to pay the complainant the equivalent of three months' salary, consisting of two months in lieu of reasonable notice and one month for moral injury. That proposal was reasonable and, in view of the long working relationship between the [Organization] and the complainant and the very brief time that elapsed between the notification of the non-renewal of the contract and the end of the complainant's appointment, the Tribunal will echo that proposal by ruling that the complainant shall be paid a sum equal to three months' salary and allowances."

  Reference(s)

  ILOAT Judgment(s): 2104
  

  Keywords:

  case law; competition; contract; decision; duty to inform; non-renewal of contract; notice; organisation's duties; right of appeal; seniority; separation from service; short-term; staff regulations and rules; 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 2263

  
  95th Session, 2003
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "The question to be resolved is that of whether, for the purposes of service order No. 99 [which defines the conditions and formalities governing the granting of a personal promotion], the period in excess of the 12-month maximum duration stipulated for short-term contracts should be taken into account in calculating the 18 years of continuous service. The answer is necessarily affirmative. [...] Once [the first 12-month period] had elapsed, the complainant must be considered to have been in service [...], even in the absence of a provision to that effect and taking into account the contracts he was granted thereafter. Regarding the [one month] break in service which occurred [subsequently], it is necessary to establish whether this prevented the complainant from completing the 18 years of continuous service [...] The Tribunal considers that it did not. The evidence on file, and particularly an affidavit produced by the complainant as an annex to his written submissions, shows that the break imposed on the complainant was justified only by the fact that he was employed under short-term contracts. since the Tribunal has determined that the complainant must be deemed to have been in service from 17 November 1982 onwards, the break in question must be viewed as a period of leave."

  Reference(s)

  Organization rules reference: SERVICE ORDER No. 99
  
  

  Keywords:

  continuance of operations; contract; duration of appointment; fixed-term; interpretation; leave; no provision; personal promotion; promotion; reckoning; seniority; short-term; successive contracts; unpaid leave; validation of service;
  

  
  
  

• Judgment 2147

  
  93rd Session, 2002
  International Service for National Agricultural Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "[The] invocation of the so-called 'first in, last out' principle, in effect a sort of non-contractual seniority clause, is unsupported by any authority and is inimical to the merit principle which underlies the law of the international civil service."

  Keywords:

  general principle; international civil service principles; output; priority; satisfactory service; seniority; termination of employment;
  

  
  
  

• Judgment 1871

  
  87th Session, 1999
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 9-10

  Extract:

  "The Tribunal observes that the Director-General gave paramount importance to the principle of geographic distribution, which resulted in him selecting the applicant who was second in the list recommended by the Selection Committee because that applicant was a national of an 'under-represented' country, while the complainant, who was in first place, was a national of an 'equitably represented' country. Analysis of the [Constitution, General Rules and Manual of the organization as well as] the facts of the case show that the Director-General was mistaken in his interpretation of these provisions. The Constitution [...] clearly states that the highest standards of efficiency and of technical competence' are of paramount importance in appointing staff. The Selection Committee is under the obligation to recommend for selection the candidate whose qualifications most closely meet the requirements of the post. Therefore the essential qualifications required are the priority criterion. Consideration of other criteria, including seniority of service and geographic distribution, which appear to be of a subsidiary nature, is only envisaged where several candidates are equally well qualified."

  Keywords:

  appointment; candidate; competition; criteria; geographical distribution; nationality; recommendation; selection board; seniority; staff regulations and rules;
  

  
  
  

• Judgment 1647

  
  83rd Session, 1997
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  It follows from WHO Manual paragraph II.1.30 that "grading hinges neither on quality of performance nor on seniority. The sole criteria are the duties and responsibilities of the post. And the grade cannot change unless there is a 'significant change in [their] level'."

  Reference(s)

  Organization rules reference: PARAGRAPHE II.1.30 OF WHO MANUAL
  
  

  Keywords:

  amendment to the rules; criteria; post; post classification; post description; seniority; staff regulations and rules; work appraisal;
  

  
  
  

• Judgment 1542

  
  81st Session, 1996
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "The complainant has no locus standi to make a claim against his former employer. After dismissal he no longer had any connection with the EPO in law. Nor, since he was in the EPO's employ for under ten years, is he entitled [...] to draw a pension: he can therefore derive no cause of action from the breach of any provision of the EPO's Rules and Regulations."

  Keywords:

  breach; cause of action; complainant; complaint; locus standi; receivability of the complaint; seniority; staff regulations and rules; status of complainant; termination of employment;
  

  
  
  

• Judgment 1519

  
  81st Session, 1996
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 17

  Extract:

  "The complainants argue that the [salary] survey ought to have compared jobs at like levels of seniority inside and outside [the organization] and not ignored the inverted 'pyramid' of the age structure of [the organization's] staff. There is merit to the criticism. Yet to whichever side one may tend on that point, the comparison is fated to go awry. In any event there was nothing unlawful in the approach the survey took. Neither [the ICSC] nor [the] organization went beyond the bounds of the discretion that the case law allow".

  Keywords:

  case law; discretion; flemming principle; general service category; icsc decision; inquiry; investigation; salary; seniority; step; terms of appointment;
  

  
  
  

• Judgment 1446

  
  79th Session, 1995
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 16-17

  Extract:

  The material issue is whether abolition of the entitlement to a step increase for long service infringed an acquired right by interfering with a fundamental term of service that led the complainants to accept employment. "The Tribunal holds that the prospect of increases in emoluments after 20, 25, 30 and 35 years of satisfactory service was too remote to influence seriously the mind of the ordinary applicant in deciding to accept appointment [within the organization]".

  Keywords:

  acceptance; acquired right; amendment to the rules; complainant; contract; increment; satisfactory service; seniority; staff regulations and rules; terms of appointment;
  

  
  
  

• Judgment 1395

  
  78th Session, 1995
  European Molecular Biology Laboratory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainant was dismissed on grounds of unsuitability for work without having had a chance to answer the charges against her. The Tribunal orders her reinstatement and observes that she is also "entitled to an award of damages for moral injury in view of her seniority and her humiliation by being told that she 'need not be present in the laboratory until the end of [her] contract'."

  Keywords:

  moral injury; organisation's duties; reinstatement; respect for dignity; seniority; termination of employment; unsatisfactory service;
  

  
  
  

• Judgment 1355

  
  77th Session, 1994
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "Qualifications being comparable, it was lawful for the Union to apply the test of seniority" when picking a candidate for promotion.

  Keywords:

  candidate; competence; criteria; discretion; judicial review; promotion; seniority;
  

  
  
  

• Judgment 1323

  
  76th Session, 1994
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  Vide Judgment 133.

  Reference(s)

  ILOAT Judgment(s): 133
  

  Keywords:

  candidate; career; internal candidate; legitimate expectation; organisation's interest; post; priority; professional experience; satisfactory service; seniority; staff member's interest;
  

  
  
  

• Judgment 1298

  
  75th Session, 1993
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 16

  Extract:

  In view of the complainant's "length of service, loss of pension entitlements if he is not reinstated and the difficulty he would no doubt face in finding other employment at his age, the Tribunal holds that it should order him reinstatement since it would not be fair just to award him financial compensation."

  Keywords:

  equity; pension entitlements; reinstatement; seniority;
  

  
  
  

• Judgment 1211

  
  74th Session, 1993
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 2-3

  Extract:

  The material question is whether a staff member who is entitled to payment of a pension at the maximum rate must go on contributing to the scheme. "The organisation is right in holding that there is no exception to the rule about monthly deduction."

  Keywords:

  contributions; pension; retirement; seniority; staff member's duties;
  

  
  
  

• Judgment 1137

  
  72nd Session, 1992
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The complainant did not get promotion at the time he believed he was entitled to. Inasmuch as the organisation promoted other candidates with less seniority than he had, he submits that it discriminated against him. "The plea of discrimination fails. It overlooks the fact that seniority merely qualifies [a candidate] for promotion and confers no right. [...] In choosing between candidates, the Promotion Board and the President are free to take into account [...] any other criteria they think appropriate."

  Keywords:

  criteria; equal treatment; promotion; seniority;
  

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