Training (314,-666)

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Keywords: Training
Total judgments found: 12

• Judgment 3925

  
  125th Session, 2018
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the rejection of his application for payment of language training fees.

  Judgment keywords

  Keywords:

  complaint allowed; decision quashed; training;
  

  Considerations 3, 4 & 5

  Extract:

  The two reasons stated for refusing to pay for the complainant’s language training were, firstly, that the training in question would not usefully contribute to the proper functioning of the unit in which he was employed and, secondly, that the days of leave which he needed to complete the training would create operational difficulties for that unit.
  The Tribunal recalls that training at various levels in various subjects is a natural part of the professional experience (continuous training) and aims to improve performance in a variety of areas (see, in particular, Judgment 3052, under 6). Therefore, as a matter of principle, every official is entitled to professional training, subject to the restrictions imposed by the staff rules or regulations of the organisation employing her or him.
  In the Tribunal’s view, Eurocontrol made an error of law by taking account solely of the complainant’s duties at the time when he submitted his application for defrayal of training fees when it assessed the benefit of the language training to the functioning of the unit.

  Reference(s)

  ILOAT Judgment(s): 3052
  

  Keywords:

  training;
  

  
  
  

• Judgment 3504

  
  120th Session, 2015
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to authorise his participation, in his capacity as a staff representative, in a workshop and training course organised by the Federation of International Civil Servants’ Associations.

  Judgment keywords

  Keywords:

  complaint dismissed; freedom of association; staff representative; training;
  

  
  
  

• Judgment 3052

  
  112th Session, 2012
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "It is consistent case law that the Tribunal will not substitute its opinion for that of the Organisation unless the decision was taken without authority, shows some procedural or formal flaw or a mistake of fact or of law, overlooks some material fact, is an abuse of authority, or draws a clearly mistaken conclusion from the facts. [C]ourses of various levels for various subjects are a natural part of the work experience (continuous training), aimed at improving performance in a variety of areas. There is always room for growth and improvement, and enrolment in development classes does not automatically indicate a lack of basic knowledge."

  Keywords:

  knowledge of languages; professional experience; training;
  

  
  
  

• Judgment 2856

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

  Considerations 15-16

  Extract:

  "In its submissions the Organization details the comprehensive training strategy that was established to enable the complainant to strengthen his skills. [T]hat strategy included participation in a number of courses and a half-time secondment to the IRIS project to allow the complainant exposure to the new system."
  "The Tribunal concludes that, in the circumstances, the Organization did its utmost to respect the complainant's dignity and good name and not to cause him any harm. Despite the fact that the complainant did not possess the requisite skills, the grade P.3 position was designated at grade P.4 and his personal grade was not altered."

  Keywords:

  decision; grade; organisation's duties; post held by the complainant; qualifications; reassignment; respect for dignity; status of complainant; training; transfer;
  

  
  
  

• Judgment 2651

  
  103rd Session, 2007
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "[T]he complainant cannot demand that his employer contribute financially towards his architectural training given that it is of no present or foreseeable benefit to the Office".

  Keywords:

  organisation's interest; payment; refusal; request by a party; training;
  

  
  
  

• 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 1855

  
  87th Session, 1999
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 2 and 5

  Extract:

  The complainant appeals against the Executive Head's decision to dismiss his appeal against the refusal of the organisation to grant him special leave to attend a two-day training course. "It is common ground that the decision as to whether or not to grant a staff member special leave to attend training courses is discretionary. [T]he obligations under Article 29 of the Service Regulations to facilitate training may involve different considerations when one looks at the desirability of the staff member's taking such training, and when one has regard to the effect of the staff member's absence on the functioning of the service. In the present case, the refusal of special leave was justified by the growing backlog of [work]."

  Reference(s)

  Organization rules reference: ARTICLE 29 OF THE EPO SERVICE REGULATIONS
  
  

  Keywords:

  criteria; decision; discretion; enforcement; organisation's interest; special leave; staff regulations and rules; training;
  

  
  
  

• Judgment 1854

  
  87th Session, 1999
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 15, 17 and 18

  Extract:

  The post of the complainant (employed on a permanent contract) was abolished and replaced by a new one of higher level, the functions of which however remained substantially similar to those of the previous post. "By changing the requirements [the organisation] manifested its desire to have those functions performed by a person with higher academic or professional qualifications, but it does not prove that the complainant, who had twenty-eight years of experience with the [organisation], was unable to perform them. [T]he complainant has [...] shown that, prima facie, the functions of the new post were substantially similar to his post, and within his capabilities [...] on the other hand, the [organisation] has failed to prove that the new post did have greater responsibilities; or that it was higher in grade than the old one; or that its greater responsibilities were recognised by way of higher remuneration. [I]n the circumstances, the Tribunal holds that there was no genuine suppression of the complainant's post, and that the termination of his contract was caused mainly by an unjustified loss of confidence in him by the administrator."

  Keywords:

  abolition of post; contract; grade; permanent appointment; post; professional experience; training;
  

  
  
  

• Judgment 1522

  
  81st Session, 1996
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  The organization has "discharged its duty to take an express decision duly giving its reasons for not reinstating him. Its decision [not to reinstate him] takes seriatim all the posts he might have been appointed to. It explains the reasons of fact or law why it came to the view that his training, experience or grasp of languages or the need for special skills disqualified him for some posts. The reasons why he was not appointed to others had to do with the budget, some posts being 'frozen'. Or else the reasons were administrative: for example the Appointment and Promotion Board was not in favour, or the organization gave priority to a permanent employee."

  Keywords:

  advisory opinion; application for execution; budgetary reasons; due process; duration of appointment; duty to substantiate decision; judgment of the tribunal; judicial review; knowledge of languages; organisation's duties; permanent appointment; priority; professional experience; promotion board; qualifications; refusal; reinstatement; selection board; training;
  

  
  
  

• Judgment 1040

  
  69th Session, 1990
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "The complainant alleges that the organization made him a promise of training in [word-processing]." For the Tribunal to "enforce a promise by an international organisation to one of its employees", the conditions that have to be met include "that the promise should be substantive and [...] that it should have come from someone competent or deemed competent to make it." In the instant case the making of a substantive promise is not proven.

  Keywords:

  competence; condition; evidence; promise; training;
  

  
  
  

• Judgment 427

  
  45th Session, 1980
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 14

  Extract:

  A provision which stipulates that special leave may be granted with full, partial or no pay "for training or research in the interests of the Bureau or for other valid reasons [...] does not give authority to the Director to order special leave for any reason he considers to be valid; the reason must be advanced by the staff member and only then is the Director empowered to judge its validity. The decision to 'place you on special leave' [...] must therefore be quashed".

  Keywords:

  decision quashed; discretion; executive head; grounds; purpose; special leave; training;
  

  
  
  

• Judgment 112

  
  18th Session, 1967
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "[I]f his superiors did not think it necessary to give [the complainant] any special training, this was because he had already had some 15 years' experience as a translator and reviser, so that he was assumed to know his job." Failure to provide training is not a material fact in the matter at issue.

  Keywords:

  disregard of essential fact; omission; organisation's duties; training;