Post held by the complainant (301,-666)

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Keywords: Post held by the complainant
Total judgments found: 24

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• Judgment 1238

  
  74th Session, 1993
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The Tribunal orders the complainant's reinstatement. The organization "must do its utmost to reinstate him in the post which he held [...] or in any comparable one acceptable to him. Only if that proved impossible should it pay him additional damages equivalent to the salary, allowances and other entitlements which he would have received over a period of two years had he been reinstated in its employ as from the date of this judgment."

  Keywords:

  allowance; compensation; date; flaw; judgment of the tribunal; post; post held by the complainant; reinstatement; salary; termination of employment;
  

  
  
  

• Judgment 1231

  
  74th Session, 1993
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 31 to 33

  Extract:

  A new post to which the complainant had been assigned was then abolished. The facts "lend weight to the complainant's view that 'shunting' him - as he puts it - into an empty administrative post was just a start to removing him. What bears out the foregoing is that apart from the broad allusion to 'interests' the impugned decisions disclose no consistent idea of reform warranting the creation of the post [in question] in 1989 or the abolition of it in 1991. There is no discerning in what happened anything but a series of makeshift measures taken - at heavy cost to the organization's coffers - to dispose of the case of an official Interpol wanted to discharge in disregard of due forms and process. To that extent there is a parallel in law with a case the Tribunal deplored in Judgment 807 [...]."

  Reference(s)

  ILOAT Judgment(s): 807
  

  Keywords:

  abolition of post; abuse of power; case law; creation of post; judicial review; misuse of authority; organisation's interest; post held by the complainant; refusal to assign work;
  

  
  
  

• Judgment 326

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

  Consideration 3

  Extract:

  WHO Staff Regulation 4.4 provides that "without prejudice to the inflow of fresh talent at the various levels, vacancies shall be filled by promotion of persons already in the service of the organization in preference to persons from outside". The organization must rely upon the members of a selection committee to pay what they consider to be due regard to the factors mentioned in the Regulations. "It would only be in a case in which it could be shown that a factor had been wilfully disregarded that the Tribunal could begin to entertain any complaint."

  Reference(s)

  Organization rules reference: WHO STAFF REGULATION 4.4
  
  

  Keywords:

  appointment; competition; criteria; judicial review; post held by the complainant; selection board; vacancy;
  

  
  
  

• Judgment 33

  
  7th Session, 1958
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complainant, recruited on a temporary basis, was transferred to a post which was subsequently to be filled by competition. The granting of an indeterminate appointment was made dependent upon his success in the competition "complainant has failed to prove any irregularity of procedure in connection with this competition [...]. While [the Regulations] entitled him to a priority as far as the consideration of his candidature is concerned, the appointment to the vacant post of another official in the same situation as himself and entitled to the same priority did not deprive complainant of that right."

  Keywords:

  competition; contract; fixed-term; internal candidate; permanent appointment; post held by the complainant; priority; right;
  

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