Appointment (293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 310, 311, 312, 313, 314, 661, 660, 686,-666)
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Keywords: Appointment
Total judgments found: 204
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Judgment 670
56th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Selection Committee recommended the appointment of the complainant. The selection procedure was declared void by the Director and a new selection procedure initiated. There is not sufficient evidence of the Director having acted out of personal animosity against the complainant. There is evidence that he allowed certain criteria to take on exaggerated importance and he misunderstood the role of the Selection Committee. When setting the amount of compensation, it should be noted that this is the second time the Director has flaunted a recommendation favouring the complainant.
Keywords:
appointment; competition; competition cancelled; recommendation; selection board;
Judgment 664
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant, who was the victim of an accident, took up duty after the date originally agreed upon. The date on which she took up duty was set as her date of appointment. The delay in her recruitment did not lead to novation of the whole contract. Only one of the terms of the contract was altered. The others remained in force and were applied in full. The suspension of the contract did not lead to its annulation. If it had, the organisation might have refused to appoint the complainant when she became fit to start work. "Yet that would have been neither fair nor reasonable."
Keywords:
amendment to the rules; appointment; contract; date; elements; professional accident;
Consideration 2
Extract:
The Service Regulations provide for the date on which an appointment takes effect not to be prior to the date on which the official takes up his duties except in case of force majeure. This is "a corollary of the general rule that a unilateral act may not be retroactive." The organisation held "the belief that one term of the contract which governed relations between the two sides had proved unenforceable because of an incident beyond its control." The complainant, who had been injured in an accident, was not fit to report for duty on the date she was due to start; there was not force majeure.
Keywords:
appointment; contract; date; exception; force majeure; professional accident;
Judgment 657
55th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The wording of the relevant guidelines "is such that they cannot be treated as a mere statement of policy: they set objective criteria for dealing with individual cases."
Keywords:
administrative instruction; appointment; binding character; criteria; general decision; grade; promotion; step;
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 648
55th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
It is proper for an organization to wish to have full information on candidates in order to secure staff of sound technical competence and high moral integrity. "Whether the candidate qualifies is a matter which the executive head must be left to determine at his discretion, and the Tribunal will not review the exercise of such discretion."
Keywords:
appointment; condition; discretion; fitness for international civil service; judicial review; qualifications;
Consideration 4
Extract:
Before formally offering the candidate an appointment, the organization will ask for information from his employer and other suitable referees. "The Tribunal sees nothing untoward in taking account of such information in recruiting an international civil servant, the practice deriving from a reasonable desire to have full information on candidates and secure staff of sound technical competence and high moral integrity."
Keywords:
appointment; condition; evidence; offer; qualifications;
Judgment 636
54th Session, 1984
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The appeal is against a decision to fill a post for which the complainant had been rejected four months before. As such the appeal is unarguable unless it can be shown that the two events are linked. The complainant must show that the true reason for his rejection [...] was not his lack of qualification but was an abuse of power, being wrongly motivated by the intention to secure the appointment of [another official] in the following months. The evidence tendered [...] falls far short of this."
Keywords:
abuse of power; appointment; candidate; competition; lack of evidence; misuse of authority; vacancy;
Judgment 619
53rd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The Tribunal is not competent to compare the candidates' merits; it will merely determine whether there was any prejudice in the impugned decision. There is no reason to suppose that in preferring [Mrs. X] the FAO was actuated by any considerations other than merit. Indeed its impartiality is borne out by the fact that [...] the majority of the selection board were in favour of the successful candidate."
Keywords:
appointment; competition; selection procedure; vacancy;
Judgment 613
53rd Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant, a citizen of the United States on a visit to Alexandria, was granted a short-term appointment. That appointment, on the basis of local recruitment, was extended several times. He was then given a fixed-term appointment on the basis of local recruitment. The Tribunal observes that this last contract converted the earlier ones; by signing the contract without making any objection, the complainant accepted his local-recruitment status. The request for non-local status is dismissed.
Keywords:
acceptance; appointment; contract; local status; non-local status; short-term; terms of appointment;
Judgment 568
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
When the organisation [EPO] was created, it had to recruit a large staff; "when fixing the initial grade, [it had] to take into account experience gained, first in patent offices and, second, in industry generally. [...] The organisation distinguishes between the first and second categories. [...] In the opinion of the Tribunal the distinction is not unreal and the complainant has not shown any breach of [the principle of equality of treatment]."
Keywords:
appointment; difference; equal treatment; grade; professional experience;
Judgment 564
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Endorsing the result of a competition held to fill a new post is a discretionary decision and is subject only to limited review by the Tribunal. "In this instance the Tribunal will exercise its power with especial caution, its function being not to judge the candidates on merit but to allow the Selection Board and the Director-General full responsibility for their choice."
Keywords:
appointment; candidate; competition; discretion; judicial review;
Consideration 8
Extract:
The complainant was not appointed to a post for which he had applied. "The Tribunal will not declare whether the complainant was fit to hold the post. It merely observes that his possession of the qualifications he mentions does not mean that he was necessarily the right person for the vacancy."
Keywords:
appointment; candidate; competition; judicial review; qualifications; seniority; vacancy;
Judgment 551
50th Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Although international organisations may determine quotas for recruitment for the purpose of preserving or developing the international character of the staff, officials are normally entitled to objective treatment after they have taken up duty. This is a general rule. If in any particular case it can be shown that a scheme for determining quotas on recruitment would not work satisfactorily unless it was extended in a limited way to subsequent promotion, an exception may be justified."
Keywords:
appointment; equal treatment; geographical distribution; nationality; promotion;
Judgment 545
50th Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
On taking up duty, the complainant knew that he would be in grade B.4, which he would hold until reaching the age of 30, even though his post was normally graded B.5. By accepting the appointment and unconditionally starting work, he clearly indicated his acceptance of the terms of appointment as offered. To apply some few months later for review of the terms of appointment was to go against the organisation's "reasonable expectation and to act in breach of the principle of good faith, and his application was correctly rejected for that reason."
Keywords:
acceptance; appointment; good faith; grade; terms of appointment;
Judgment 535
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-7
Extract:
There would be abuse of authority if the grounds alleged by the organization to justify the appointment were a pretext; if the organization had appointed an official obviously less well qualified than the complainant; if the organization had shown favouritism to the appointed official at the expense of other candidates. No such charges are borne out by the evidence.
Keywords:
abuse of power; appointment; candidate; judicial review; misuse of authority; vacancy;
Judgment 528
49th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is for the employer to make proper arrangements for a comprehensive check-up of the applicant for employment. To expect him to prove that he is in perfect health would be to require him to disprove the existence of any impairment, and that is simply not feasible. [...] The burden is [however] on [the complainant] to satisfy the Tribunal with positive proof, that his impairment was service-incurred."
Keywords:
appointment; burden of proof; complainant; illness; medical examination; medical fitness; organisation; service-incurred;
Judgment 524
49th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[It is not] in breach of the principle of equality of treatment to demand any particular language qualifications or specialised knowledge for a vacancy. The principle requires equal treatment and absence of discrimination only where the circumstances are similar. Where the very nature of the post to be filled makes special qualifications necessary, it is reasonable and right for the organisation to require that candidates possess them."
Keywords:
appointment; competition; condition; equal treatment; judicial review; knowledge of languages; qualifications; vacancy;
Judgment 521
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant, like two other candidates [Judgments Nos. 519 and 520] was rejected for a particular vacancy for lack of a university degree. "Had it not been for this lack, he would have had a strong claim to be considered, since he had for five years been second in command of the unit to which the post belonged and during an earlier vacancy he had for over a year been in charge of the unit."
Reference(s)
ILOAT Judgment(s): 519, 520
Keywords:
appointment; candidate; competition; condition; degree; professional experience; qualifications; vacancy;
Considerations
Extract:
The Board of Appeal expressed the opinion that the educational requirements for the post in question were excessive and tended to restrict staff career opportunities. "The point can be brought within the competence of the Tribunal only if there is an allegation, which in this case there is not, that the imposition of minimum qualifications is a breach of some regulation or rule or of some term of the complainant's contract of employment."
Keywords:
appointment; competence of tribunal; competition; condition; degree; judicial review; qualifications; vacancy;
Judgment 519
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant's application for an appointment was eliminated because he did not meet the minimum qualification [a university degree]. "He asserts, which may be right, that the qualifications are higher than those needed for the job", but does not support the allegation. He makes other allegations of procedural irregularities and general prejudice against him, "allegations which it is unnecessary to consider since, so long as the educational qualification stands, the rejection of the complainant was inevitable."
Keywords:
appointment; candidate; competition; condition; degree; judicial review; professional experience; qualifications; vacancy;
Judgment 506
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organization adopted a more flexible approach in the application of the new rule: "Those [officials] appointed before the Finance Committee made its recommendation, who before had been informed of the possibility of qualifying for non-local status, or might have been, were still able to obtain such status despite the wording of the rule. There was strict application only to those appointed after the recommendation. The distinction between those appointed before and those appointed after rested on the fact that the former, unlike the latter, had or might have had the expectation of qualifying for non-local status some day."
Keywords:
amendment to the rules; appointment; date; difference; enforcement; equal treatment; legitimate expectation; local status; non-local status; practice; promise; provision; staff regulations and rules;
Judgment 505
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The new rule came into force on 1 February 1975. Short-term officials recruited before this date, who were not then considered as non-local officials, were all given local status. The organization then distinguished between those officials who had been given short-term appointments before the end of October 1974 and those whose appointment was made between then and 1 February 1975. The former were given non-local status on the established terms and the latter were treated as local officials. "The difference in treatment between the two groups was warranted by the difference in the facts."
Keywords:
amendment to the rules; appointment; date; equal treatment; local status; non-local status; provision; staff regulations and rules;
Judgment 488
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"On his last return to headquarters the complainant was not selected for any of the P.5 posts which were vacant at the time and in which he expressed interest. But the posts were filled in accordance with the normal selection procedure, the complainant's applications being considered together with the others, and the Tribunal holds that the procedure followed by the organization was correct and that there was no breach of any of the applicable rules."
Keywords:
appointment; assignment; headquarters; judicial review; procedure before the tribunal; transfer; vacancy;
Judgment 486
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant moved from grade GS.8 to P.2. "The Tribunal doubts whether the change was an appointment of any sort; the complainant remained in the same post which was reclassified into a higher grade. But anyway appointment is a word whose meaning depends upon the context. It can be used to mean an appointment to the staff of [the organization] or an appointment to a post on the staff. [Here] it is clearly being used in the former sense, as an appointment to the service. [...] It is not and cannot be contended that in January 1979 the complainant concluded one period of service and without changing his post embarked upon another. This solution must be rejected."
Keywords:
appointment; consequence; general service category; post classification; professional category; promotion;
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