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Post held by the complainant (301,-666)
You searched for:
Keywords: Post held by the complainant
Total judgments found: 24
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Judgment 4209
129th Session, 2020
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the ITU’s failure to address her claim for reclassification and for payment of a special post allowance.
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies; late appeal; post held by the complainant; special post allowance;
Judgment 4086
127th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to maintain her contested job description.
Considerations 10-11
Extract:
The Tribunal’s case law has it that when a staff member of an international organization is transferred to a new post in non-disciplinary circumstances, that transfer is subject to the general principles governing all decisions affecting the staff member’s status. The organization must show due regard, in both form and substance, for the dignity of the staff member, particularly by providing her or him with work of the same level as that which she or he performed in her or his previous post and matching her or his qualifications (see, for example, Judgment 2229, under 3(a)). This requirement is consistent with Staff Regulation 4.3(c) [...].
The responsibilities that attach to posts are comparable where on an objective basis the level of the duties to be performed is similar (see, for example, Judgment 1343, under 9). It is not for the Tribunal to reclassify a post or to redefine the duties attaching thereto, as that exercise falls within the discretion of the executive head of the organization, on the recommendation of the relevant manager, and it is equally within the power of the management to determine the qualifications required for a particular post (see, for example, Judgment 2373, under 7). However, every employee has the right to a proper administrative position, which means that she or he should both hold a post and perform the duties pertaining thereto and should be given real work (see, for example, Judgment 2360, under 11).
Reference(s)
ILOAT Judgment(s): 1343, 2229, 2360, 2373
Keywords:
assignment; discretion; general principle; grade; judicial review; organisation's duties; post classification; post description; post held by the complainant; reclassification; respect for dignity; transfer;
Judgment 3290
116th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Following the abolition of the complainant's post for lack of financial resources, the reassignment process was organized but was ultimately unsuccessful in finding the complainant another post.
Consideration 30
Extract:
"[W]ith respect to the reassignment process itself, as part of its obligation to make reasonable efforts to find a suitable post for the complainant, [the organisation] ought to have enquired whether the complainant was willing to accept a post at a lower grade than the one he held (see Judgment 2830, under 9)."
Reference(s)
ILOAT Judgment(s): 2830
Keywords:
grade; organisation's duties; post held by the complainant; reassignment;
Consideration 14
Extract:
"As to the adequacy of the notification to the complainant of the decision to abolish his post in Judgment 3041, under 8, the Tribunal held that an organisation must give proper notice of the decision, reasons for the decision and an opportunity to contest the decision. While it is true that the letter did not expressly state that the decision was a final decision, it clearly communicated that a final decision had been taken to abolish the complainant’s post with immediate effect. The fact that the complainant remained in the post during the reassignment process is a matter of the implementation of the decision and does not detract from the finality of the
decision."
Reference(s)
ILOAT Judgment(s): 3041
Keywords:
abolition of post; decision; definition; post held by the complainant; reassignment;
Judgment 2938
109th Session, 2010
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal has determined that a staff member on leave on personal grounds is ipso facto no longer performing the duties of his former post and that, although during this leave he continues to be an official, the rights arising from the performance of his duties - remuneration, promotion, guarantee of employment, etc. - are suspended until he is reinstated. In the interests of the service the Agency may therefore use the vacant post (see Judgment 416, under 2). At the end of leave on personal grounds the employer nonetheless has a duty to reinstate the official provided that the two cumulative conditions laid down by [...] Article 40 [of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre] are met: firstly, there must be a vacant post and, secondly, the staff member must be qualified for it (see Judgment 2034, under 11). This duty must be fulfilled promptly and with due regard for the dignity of the staff member concerned and the principle of good faith."
Reference(s)
Organization rules reference: Article 40 of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre
ILOAT Judgment(s): 416, 2034
Keywords:
accumulation; assignment; compassionate leave; condition; consequence; general principle; good faith; organisation's duties; organisation's interest; period; post held by the complainant; promotion; qualifications; reinstatement; respect for dignity; right; safeguard; salary; security of tenure; special leave; staff regulations and rules; status of complainant; vacancy;
Judgment 2904
108th Session, 2010
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The first substantive argument raised by the complainant regards the failure by the human resources specialist to consider the revised post description that was submitted to the Human Resources Management Division in 2002. In the Tribunal's view, as the revised post description had not been properly reviewed and accepted by the relevant division in accordance with the applicable rules (specifically Manual paragraph 280.333), the specialist was correct to disregard it while conducting the desk audit, referring instead to the post description on file."
Reference(s)
ILOAT Judgment(s): 1874
Keywords:
grade; post classification; post description; post held by the complainant; staff regulations and rules;
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 2807
106th Session, 2009
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal will not undertake an exercise to classify or reclassify posts in an organisation's structure [...], since decisions in this sphere lie within the discretion of the organisation and may be set aside only on limited grounds. Such is the case, for example, if the competent bodies breached procedural rules, or if they acted on some wrong principle, overlooked some material fact or reached a clearly wrong conclusion [...]. In the absence of such grounds, the Tribunal will not remit the case to the organisation, nor will it substitute its own post evaluation for that of the competent bodies [...]."
Reference(s)
ILOAT Judgment(s): 2151, 2514, 2581
Keywords:
case law; discretion; disregard of essential fact; flaw; grade; judicial review; limits; mistake of fact; mistaken conclusion; post classification; post held by the complainant;
Judgment 2515
100th Session, 2006
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"The decision to advertise the complainant's post [...] was in substance a decision to dismiss him from that post. No reason was ever provided for that decision [...] In the circumstances, it must be concluded that the decision resulted from the management review [conducted by the Chief of the Personnel and Social Protection Department]. In this regard, it is necessary only to observe that that review involved a denial of due process in that the complainant was not told precisely who had criticised his performance or conduct, nor was he told exactly what they had said. Moreover, he was not given an opportunity to question them or to rebut what was put against him. The decision to dismiss him from his post thus involved a serious breach of the requirements of due process."
Keywords:
adversarial proceedings; breach; competition; contract; decision; due process; duty to inform; duty to substantiate decision; non-renewal of contract; organisation's duties; post; post held by the complainant; right to reply; unsatisfactory service; vacancy notice;
Judgment 2471
99th Session, 2005
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Following a reorganisation the post the complainant held in the Department of General Services (AGS) was transferred to another department. In December 2002 she was reassigned to AGS, though in a different position. She asks to be given back the duties and responsibilites she had in AGS prior to the reorganisation. "The Tribunal considers that this request cannot be granted, for it would imply undoing the reorganisation and reversing the technological changes that have been made, which, as the complainant herself acknowledges in her submissions, were both necessary and predictable. Her position is thus untenable."
Keywords:
claim; difference; liability; post; post held by the complainant; reassignment; refusal; reorganisation; transfer;
Judgment 2354
97th Session, 2004
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
The complainant's post as a translator was abolished and his appointment was terminated. "According to the [applicable] provisions, the Secretary General was obliged to consult the Staff Committee before terminating [an] appointment. The Tribunal considers that this obligation to consult - which must not be seen as just an unnecessary formality, even though the Secretary General is not bound by the opinion of the advisory body - is not fulfilled unless the advisory body is in such a position that it can give an opinion independently and in full knowledge of the facts, which implies that it must be provided with all the information it needs, and especially the real reasons for the proposed measure, so that it can express an objective opinion. [...] While it emerges from the submissions that the general reasons for reducing the number of translators had been brought to the attention of the Staff Committee, it has not been established that the latter had been given the specific reasons for suppressing the complainant's post, rather than that of another official of the same grade and in the same Directorate, prior to delivering its opinion. [...] In the Tribunal's view, this lack of precise information concerning the specific reason for the decision to suppress the complainant's post in particular and to terminate his appointment invalidated the consultation provided for in [the applicable provisions], which is tantamount to saying that no consultation took place."
Reference(s)
Organization rules reference: Staff Regulation 12(a), Staff Rule 12.1(a) and Staff Circular No. 142
Keywords:
abolition of post; advisory body; advisory opinion; binding character; condition; consequence; decision; due process; duty to inform; executive head; flaw; grade; grounds; independence; lack of evidence; official; organisation's duties; post held by the complainant; provision; staff reduction; staff regulations and rules; termination of employment; written rule;
Judgment 2352
97th Session, 2004
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
The complainant's post was abolished and his appointment terminated. "It is clear from the [applicable] provisions that [...] the Staff Committee had to be consulted before the decision was taken to terminate the complainant's appointment. The purpose of consulting an advisory body, prior to terminating an official's appointment, is to allow that body to ensure that all the conditions for taking such a step are met, with a view to submitting a recommendation to the executive head. The Tribunal takes the view that it is established, by the evidence [...], that the Staff Committee was indeed consulted regarding the suppression of the [complainant's] post [...]. However, it considers that the Committee was not formally consulted with regard to the intention to terminate the complainant's appointment. [...] As the impugned decision was taken in breach of the applicable rules, it must be held unlawful and the Tribunal need not rule on the complainant's other pleas."
Reference(s)
Organization rules reference: Staff Regulation 12(a), Staff Rule 12.1(a) and Staff Circular No. 142
Keywords:
abolition of post; advisory body; advisory opinion; breach; condition; consequence; decision; due process; executive head; flaw; formal requirements; organisation's duties; post held by the complainant; provision; purpose; recommendation; staff regulations and rules; termination of employment; written rule;
Judgment 2314
96th Session, 2004
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
The post in respect of which the complainant was receiving a special post allowance was transferred but he has continued to perform the duties of the post. The Director-General has taken the view that transfer was equivalent to the abolition of the post and the allowance was terminated. The relevant Manual provision "does prohibit payment of a special post allowance when a post has been abolished. However, it does not and cannot relieve an employer of its duty to ensure proper remuneration for extra duties and responsibilities discharged by an employee over and above those of the substantive post which he or she holds."
Keywords:
abolition of post; executive head; official; organisation; organisation's duties; payment; post held by the complainant; provision; refusal; salary; special post allowance; staff regulations and rules; transfer;
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 2229
95th Session, 2003
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(a)
Extract:
"A transfer of a non-disciplinary nature is subject to the general principles governing all decisions affecting an official's status. It must show due regard, in both form and substance, for the dignity of the official concerned, particularly by providing him with work of the same level as that which he performed in his previous post and matching his qualifications (see, for example, Judgments 1496, 1556, 1972 [...]). The transfer may be motivated by the need to eliminate tensions compromising the functioning of a department (see, for example, Judgments 132, 1018 and 1972)."
Reference(s)
ILOAT Judgment(s): 132, 1018, 1496, 1556, 1972
Keywords:
assignment; case law; decision; discontinuance; effect; formal requirements; general principle; grade; grounds; official; organisation's duties; organisation's interest; post; post held by the complainant; respect for dignity; status of complainant; transfer; working relations;
Judgment 2151
93rd Session, 2002
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"In the Tribunal's view, the fact that [...] two staff members [...] filed no internal appeal does not prevent them from applying to intervene (see Judgment 518). The only issue to be resolved is whether the organisation's decisions on post classification apply to them. [...] This judgment should be extended to them only insofar as they have an interest, on account of their de jure and de facto position regarding post classification, in benefiting from the Tribunal's decision."
Reference(s)
ILOAT Judgment(s): 518
Keywords:
cause of action; enforcement; internal remedies exhausted; intervention; judgment of the tribunal; post; post classification; post held by the complainant;
Consideration 9
Extract:
"The Tribunal will not undertake a job classification exercise, which lies solely within the authority of the defendant. However, the succession of errors made in this case, as acknowledged both by the Classification Review Committee and the [Organisation] itself, leaves room for serious doubts concerning the objectivity of the rationale for the classifications that are being challenged. [...] The Tribunal finds that the complainants must not suffer any injury from the Organisation's impossibility to reconstitute the elements on which the classification was made. [The Tribunal] has to assess the effects of the errors committed and of the [Organisation]'s inability to indicate precisely the methods followed by the consultant in his recommendation to maintain the complainants' posts at [the same] grade."
Keywords:
complainant; consequence; flaw; grade; injury; judicial review; limits; mistake of fact; negligence; post; post classification; post held by the complainant;
Judgment 2090
92nd Session, 2002
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
Because of restructuring the complainant's post was abolished and his appointment was terminated. "There is obviously nothing unlawful about restructuring per se and it will always mean regrouping duties and sacrificing posts. But in carrying out such an exercise, an organisation has a duty to observe the rights and safeguards of its staff [...] The [organisation]'s first duty in addressing the consequences of [the complainant's] redundancy was to offer him a transfer to another suitable post. Only if that proved impossible should it [pay him the indemnity payable in the event of redundancy]. But there is no evidence that the [organisation] did its utmost to find him a post which matched his skills and level of responsibility."
Keywords:
abolition of post; contract; discontinuance; post held by the complainant; reorganisation;
Judgment 2080
92nd Session, 2002
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 14-15
Extract:
"The Director-General, in exercise of his discretionary authority and taking into account the overall interests of the organisation, decided that the [complainant's] post [...] should be redefined and that [his] contract should not be renewed. The Tribunal accepts that the organisation was entitled to adapt to changes and to modify the job description for the given post in view of the organisation's future needs."
Keywords:
amendment to the rules; contract; decision; discretion; executive head; non-renewal of contract; organisation; organisation's interest; post description; post held by the complainant; reorganisation; right;
Judgment 2018
90th Session, 2001
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
The decision not to confirm the complainant's appointment after a probationary period and to terminate his employment prior to the expiry of his fixed-term contract is quashed. "The complainant is entitled to be reinstated in his post or in one of an equivalent grade with full salary and benefits (including any salary increases which he would have received if he had not been terminated) to the end of his fixed-term appointment."
Keywords:
allowance; condition; contract; date; fixed-term; grade; increase; post; post held by the complainant; probationary period; reconstruction of career; refusal; reinstatement; right; salary; termination of employment;
Judgment 1808
86th Session, 1999
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Grading turns on the duties of the post, not on the quality of performance. Nor do the master standard for classification of professional posts and the standards and procedures of the professional grading appeals committee lay any duty on the [organization] to make available an official's performance reports for the purpose of a grading exercise".
Keywords:
criteria; grade; icsc decision; organisation's duties; performance report; post; post classification; post held by the complainant; professional category; reclassification; work appraisal;
Judgment 1342
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The Organization decided not to extend the complainant's appointment. It submits that the project to which it assigned him was one of limited duration and that there was accordingly no need to apply the reduction-in-force procedure. "Here the project was not one of limited duration. First, the WHO has not produced any document which established the complainant's post or prescribed its duration. Moreover, even assuming that it might have begun as a post of limited duration, the several extensions of it show that it had become one of indefinite duration and the complainant was therefore entitled on the abolition of it to have the reduction-in-force procedure applied."
Keywords:
abolition of post; amendment to the rules; creation of post; due process; fixed-term; legitimate expectation; moral injury; permanent appointment; post; post held by the complainant; procedure before the tribunal; staff reduction;
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