Post description (264,-666)

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Keywords: Post description
Total judgments found: 54

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• Judgment 543

  
  50th Session, 1983
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "There are [...] some well established limits to this obligation. Whatever the place of assignment, the post must be one as to which the duties of the post are set out in a post description, are within the capacity of the staff member and are not degrading. A staff member is not obliged to go to a place where she might have to run unacceptable risks of injury or ill health. in certain circumstances it may be the duty of the organization to consult with the staff member and take her views into account." Subject to limitations of this character, the matter falls under the Director's discretionary authority.

  Keywords:

  assignment; discretion; duty station; duty to inform; limits; post description; special hazard;
  

  
  
  

• Judgment 450

  
  46th Session, 1981
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  Even if there were a breach of the Staff Rules the [transfer decision the complainant impugns] would be set aside only if the breach was such as to cause the complainant prejudice, for example by preventing the regular appraisal of her performance.

  Keywords:

  lack of injury; organisation's duties; post description; transfer;
  

  
  
  

• Judgment 447

  
  46th Session, 1981
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  There was no violation of the statutory provisions if they prescribe no date by which a post description must be communicated, if the official was apprised of her duties before taking them up and if it was possible for her to obtain the said description.

  Keywords:

  duty to inform; organisation's duties; post description;
  

  
  
  

• Judgment 425

  
  45th Session, 1980
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 4 and 6

  Extract:

  The Tribunal decides that the complainants are entitled to be graded at the higher grade provided for in a post description and which reflects their actual duties. These descriptions, which are provisional, are binding on the organisation until amended. The organisation may review the post descriptions and return the complainants to their present grade. "Such a decision would not impair their acquired rights since they are not entitled to preserve the position arising under this judgment."

  Keywords:

  acquired right; amendment to the rules; grade; organisation's duties; post classification; post description;
  

  Consideration 4

  Extract:

  Any administration is required to abide by the rules which it has itself made for as long as they remain in force. The post descriptions are binding on the organisation until amended.

  Keywords:

  general principle; patere legem; post description;
  

  
  
  

• Judgment 359

  
  41st Session, 1978
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "[I]t appears from the evidence in the dossier that the circumstances in which the complainant's appointment ended amount to an abuse of authority." [no description of post, no detailed comment on his performance, hence either omission of essential facts or clearly mistaken conclusions from the facts, hence quashing of decision.]

  Keywords:

  abuse of power; contract; disregard of essential fact; fixed-term; mistaken conclusion; misuse of authority; non-renewal of contract; omission; organisation's duties; performance report; post description;
  

  
  
  

• Judgment 355

  
  41st Session, 1978
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complainants claim that the grading of their posts no longer corresponds to their actual duties and should be reviewed. "That contention may not be submitted directly to the Administrative Tribunal. It should first be put to the Director-General who will take a decision" as prescribed by circular.

  Keywords:

  case sent back to organisation; internal remedies exhausted; post classification; post description;
  

  
  
  

• Judgment 320

  
  39th Session, 1977
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 17

  Extract:

  "In reaching the decision that the complainant's performance was unsatisfactory, the Director-General and/or the officials whose conclusions he accepted, relied exclusively on the opinion of [the first level supervisor]. They disregarded the factors that made this opinion unreliable. [...] They disregarded the fact that the conditions under which the complainant was working were not in accordance with his post description." Lastly, they drew false conclusions from the first level supervisor's report. The decision of the Director-General must therefore be set aside.

  Keywords:

  mistaken conclusion; post description; probation report; probationary period; termination of employment; unsatisfactory service;
  

  
  
  

• Judgment 299

  
  38th Session, 1977
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "In view of the [applicable] provisions [...] the Tribunal holds that, although in this case the job description for a post is the sole basis which should be taken into account, it should cover not only purely descriptive material considerations but also subjective ones: account must be taken of, for example, staff members' actual responsibilities."

  Keywords:

  discretion; elements; post description;
  

  
  
  

• Judgment 252

  
  34th Session, 1975
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The complainant contends that his functions should be assigned to the next grade up. The Tribunal, having examined the matter in detail comparing the post descriptions and statutory definitions of the two grades in question ["messenger" and "doorkeeper"], holds that the complainant's argument is unfounded and that the Director-General did not exceed or abuse his discretionary authority. The complaint is dismissed.

  Keywords:

  discretion; grade; judicial review; post classification; post description;
  

  Consideration 1

  Extract:

  "It is for the competent body and in the last resort the Director-General to grade each staff member. Certain criteria have to be followed. [...] Further, the competent body will not base its grading exclusively on the text of the [Regulations] and post description, but will also consider the qualifications and degree of responsibility required by each."

  Keywords:

  criteria; discretion; grade; post classification; post description;
  

  
  
  

• Judgment 243

  
  33rd Session, 1974
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "[T]he complainant alleges that the nature of his duties did not match the description in his contract of appointment. It is inherent, however, in the nature of his supervisory authority that a head of branch should be free to employ his subordinates in the best interests of his branch with due regard to their qualifications. At the highest level, moreover, the Director-General enjoys similar authority [...] to safeguard the interests of the organisation."

  Keywords:

  assignment; contract; difference; discretion; executive head; organisation's duties; organisation's interest; post description; supervisor;
  

  
  
  

• Judgment 190

  
  28th Session, 1972
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complainant "alleges that the Organization did not in fact employ him on the work for which he had been recruited for a period of two years, and was thus gravely at fault; even supposing that the truth of this allegation were established, it would not be such as to vitiate the impugned decision not to renew his contract."

  Keywords:

  assignment; contract; difference; fixed-term; non-renewal of contract; organisation's duties; post description;
  

  
  
  

• Judgment 178

  
  26th Session, 1971
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "[T]he grading of each post is based exclusively on objective criteria. [Whilst] the present incumbent of the post [...] has qualifications superior to the standards required for the post which she accepted on the understanding that it would be upgraded [and] while this fact must leave her with an understandable grievance, it affords no legal basis for the upgrading which she claims."

  Keywords:

  discretion; grade; post classification; post description; qualifications;
  

  Considerations

  Extract:

  The Secretary-General, in the exercise of his discretionary power, "determine[s] and then grade[s] the posts held by staff members. Consequently, the Administrative Tribunal, which has before it an appeal against a decision of those authorities grading a specific job, may interfere with that decision only if [etc.]."

  Keywords:

  discretion; grade; judicial review; post classification; post description;
  

  Considerations

  Extract:

  The complainant maintains that she accepted the post only on the promise that it would shortly be graded G.6 and that the job description was marked "proposed G.6". But the complainant, who relies on mere promises or proposals, cannot claim any right to have her post regraded G.6. in the course of the general review of the grading of posts to align the organisation's classifications with those of the United Nations, the Secretary-General was "not bound by any prior legal obligation towards the complainant."

  Keywords:

  good faith; grade; organisation's duties; post classification; post description; promise; promotion; terms of appointment;
  

  Considerations

  Extract:

  In taking the view that knowledge of only two languages was required for the post, the Secretary-General merely exercised the authority vested in him. "Although the appropriateness of the way in which [the discretion was exercised] is open to discussion, it does not appear from the documents that [the] decision was based on materially incorrect facts or an obvious error or distortion of the evidence, or on a seriously mistaken assessment of the requirements."

  Keywords:

  discretion; judicial review; knowledge of languages; post description;
  

  
  
  

• Judgment 153

  
  23rd Session, 1970
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "In the opinion of the Tribunal, an assessment of what amounts to an increase in duties and responsibilities sufficient to entitle the holder of a post to a higher grade or pay-level cannot be made simply by comparing one list of tasks with another."

  Keywords:

  grade; judicial review; post classification; post description;
  

  
  
  

• Judgment 60

  
  10th Session, 1962
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration II 2(B)

  Extract:

  The Tribunal has carried out a detailed comparison of the tasks assigned to the complainant with those established by the classification plan. "If the organization made a mistake [...] it was not in describing complainant as a budget clerk but in placing her in grade M.4. In fact, the complainant belonged to grade M.5."

  Keywords:

  grade; judicial review; post classification; post description;
  

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