Post description (264,-666)
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Keywords: Post description
Total judgments found: 54
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Judgment 1398
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"All organisations need computer technology and there is nothing wrong with making staff who draft and write search reports and the like work with software and submit their output in a readily usable format. [...] EPO officers have wide discretion over matters of organisation and the EPO is not to be held liable for bringing conditions of work up to date. It thereby infringed none of the safeguards the staff enjoy; nor may it be deemed to have altered the job description of search examiners, which, [...] is cast in very general terms."
Keywords:
discretion; executive head; organisation's interest; post description; reorganisation; safeguard;
Judgment 1386
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
The Tribunal holds that since the notice of vacancy "had to be in general enough terms to attract a wide variety of applicants it cannot be regarded as a specific enough job description to be of use to the official."
Keywords:
competition; post description; staff member's interest; vacancy notice;
Judgment 1358
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The organisation brought in reforms which involved "reassignment of staff together with their posts in the context of a new structure but without the creation of any new posts. The reforms may have altered the position of some in the hierarchy and their duties but, being brought about by transfer of their posts, did not affect their status under the Staff Regulations."
Keywords:
amendment to the rules; assignment; lack of injury; organisation's interest; post description; staff regulations and rules; transfer;
Judgment 1347
77th Session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15-16
Extract:
The complainant received a study allowance for her tuition costs in an amount greater than she was entitled to. The PAHO asked her to repay the overpayment and took away some of her responsibilities. She regards the removal of certain responsibilities as unwarranted disciplinary action. But "the PAHO was entitled to take administrative action to prevent lapses in the future. Changing her duties for those reasons may not be regarded as a disciplinary measure either."
Keywords:
allowance; amendment to the rules; disciplinary measure; education expenses; organisation's interest; post description; recovery of overpayment; unjust enrichment;
Judgment 1343
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant was transferred to a new post. He alleges that the transfer was unlawful, his new duties being at a lower level than those he had formally discharged. "Whether the post is 'commensurate' with his former post and grade depends on an objective test, namely the level of his duties. He has failed to satisfy the Tribunal that their level is not in keeping with his grade, which was the same after as before transfer."
Keywords:
amendment to the rules; criteria; grade; lack of injury; post; post description; transfer;
Judgment 1262
75th Session, 1993
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
"The complainant argues that the ESO drew mistaken conclusions from the facts in that it was not free to have him perform tasks other than those provided for under the terms of his contract [...]. A description of the complainant's post [...] that he himself signed included what were called 'background activities', and they went beyond the tasks that had originally been required of him. The Tribunal is satisfied that by confining himself to [certain tasks] he displayed a lack of commitment which properly put at issue the question as to whether the observatory should extend his contract." The ESO did not draw plainly mistaken conclusions about his performance.
Keywords:
contract; decision; discretion; fixed-term; judicial review; mistaken conclusion; non-renewal of contract; post description; unsatisfactory service; work appraisal;
Judgment 1250
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
The complainant's refusal of assignment to a post outside headquarters "was in breach of his obligation to the organization to comply with a transfer under Regulation 301.012. In view of the responsibilities of the post [to which he was assigned], that refusal impeded the effective operation of the organization [...] and amounted to misconduct."
Reference(s)
Organization rules reference: STAFF REGULATION 301.012
Keywords:
breach; complainant; definition; duty station; headquarters; organisation's interest; post; post description; refusal; serious misconduct; staff member's duties; staff regulations and rules; transfer;
Judgment 1221
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant seeks the redefinition of her duties and, subsidiarily, transfer or secondment. "The administration never forced the complainant to perform duties other than those in the description of her post. It is bound neither to amend the duties of staff to suit their own wishes nor [...] to grant their applications for transfer, provided that its decisions are not prompted by considerations irrelevant to its own interests."
Keywords:
amendment to the rules; assignment; discretion; organisation's duties; organisation's interest; post; post description; request by a party; request for transfer; secondment;
Judgment 1146
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant was employed as a reviser and had served as de facto head of the French language Section for several years. After the Director of the Language Service retired, the Director's successor decided to bring in a system according to which the heads of Section's functions would 'rotate'. that is what the complainant objects to. The Tribunal holds that "this case is similar to Miss S.'s, which [it] dismissed in Judgment 1103. [...] As the Tribunal said [...] there is no post as Head of Section: the term is only a convenient way of denoting a reviser who at a given time has particular responsibility for performing management duties."
Reference(s)
ILOAT Judgment(s): 1103
Keywords:
post description; title of post;
Consideration 7
Extract:
The complainant believes that transfer of her de facto duties as head of the French Section to another reviser through rotation amounted to a disguised transfer. The Tribunal's answer is that "there was no transfer because there is no post as Head of Section as such. There was merely redivision of duties between the revisers".
Keywords:
post description; title of post; transfer;
Judgment 1127
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"The purpose of probation is [...] to determine whether the official is capable of performing satisfactorily 'assignments of a kind and degree of difficulty' that correspond to those he was recruited for." The complainant has failed to show that "the assignments she may have been given were in a different area of work or were of greater complexity and difficulty than those she was appointed to perform".
Keywords:
assignment; difference; lack of evidence; post description; probationary period; purpose;
Judgment 1103
71st Session, 1991
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant was appointed to a post of reviser. For several years she served, in keeping with her job description, as de facto Head of the German Section. Later, her head-of- section duties were given to another reviser. "It is clear from [the complainant's job description] that the incumbent does not have the right to perform all of the linguistic and management duties stated therein, though he must be capable of performing them if his immediate supervisor so requires in the Office's interests."
Keywords:
elements; organisation's duties; post description; right; title of post;
Judgment 1050
69th Session, 1990
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7, Summary
Extract:
The complainant objects to the decision to transfer him. He takes the organization to task for failing to provide him with a description of his new post. As his new duties were similar to ones he held earlier, he must already have known what they were in the main.
Keywords:
organisation's duties; post description; transfer;
Judgment 1037
69th Session, 1990
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
After his appointment was extended several times and he received favourable staff reports, the complainant was denied the renewal of his appointment. That decision was based on a lack of leadership qualities, even though these were not mentioned in the requirements set out in his job description. As the decision mistakenly took account of facts unrelated to the duties assigned to him, it is tainted by a fatal flaw and the Tribunal will set it aside.
Keywords:
contract; fixed-term; mistaken conclusion; non-renewal of contract; post description; qualifications; work appraisal;
Judgment 977
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9(D)(III)
Extract:
The complainant had for a time no clear job description, but that did not prevent him from being fully taken up with work that was already familiar to him. The Tribunal concludes that the complainant's objections on this point are unfounded.
Keywords:
organisation's duties; post description;
Judgment 968
66th Session, 1989
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The attribution of duties to a staff member, the nature of the duties to be carried out and the grading of posts are matters that the Director-General decides at discretion. The Tribunal will not interfere with such a decision unless it was taken without authority [etc]".
Keywords:
assignment; discretion; judicial review; limits; post classification; post description;
Judgment 929
65th Session, 1988
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
For several years the complainants have been trying to obtain review of the description and grading of their posts. Their claims have all been rejected. The Tribunal was satisfied that on the evidence the description of their duties was out of date. In the circumstances the organization committed a mistake of law by refusing to carry out the requested review.
Keywords:
amendment to the rules; elements; flaw; judicial review; post classification; post description;
Judgment 844
63rd Session, 1987
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
"In recruiting an employee who would be expected to acquire skills which were not necessarily an extension of skills he already possessed but required a different discipline altogether, the Agency should have made it quite clear to the applicant exactly what was involved so that he could judge whether or not he possessed the ability to acquire, retain and apply the new skills and knowledge."
Keywords:
assignment; difference; duty to inform; organisation's duties; post description;
Consideration 27
Extract:
"In reaching his decision of 11 February 1987 the Director-General failed to take an essential fact into consideration, namely the degree of the Agency's own responsibility for the lack of information supplied initially to the complainant. While the paramount consideration in making or renewing appointments is to secure employees of the highest standard, it is not the only one. The principle of good faith requires that employees be treated with due regard for their rights. If the Director-General had considered the application in the light of the organisation's own responsibility for the complainant's difficulties when his contract was not renewed, he might have reached a different decision."
Keywords:
contract; disregard of essential fact; duty to inform; fixed-term; general principle; good faith; non-renewal of contract; organisation's duties; post description;
Judgment 810
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"What good faith requires is that when someone is transferred he should be given proper notice, and not just of a vague intention, but of the nature of the post he is to get and of the duty station." The complainant did not accept the transfer and was dismissed. The decision is quashed and the Tribunal orders the restoration of the complainant's status as an official.
Keywords:
duty station; duty to inform; good faith; notice; organisation's duties; post description; reconstruction of career; refusal; termination of employment; transfer;
Judgment 657
55th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The job descriptions require five years' experience for promotion. It is clear from the guidelines that is a minimum requirement. "The President therefore acted correctly, when he came to apply the provisions on the minimum requirements, in adopting a requirement of eight years' experience for both recruitment and promotion [...] A requirement of eight years' experience is compatible with the rules."
Keywords:
appointment; condition; post description; professional experience; promotion;
Judgment 594
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"It is not every reformulation of the duties of a post that produces the result that there are increased duties and responsibilities within the meaning of [the material provision in the Staff Manual]. What must be shown is that the totality of enumerated duties, taken in the light of the everyday functioning of the post, in all the circumstances surrounding such functioning, represents an increase in the duties and responsibilities of the post. This the complainant has been unable to show."
Keywords:
amendment to the rules; condition; post classification; post description; promotion;
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