Post (306,-666)
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Keywords: Post
Total judgments found: 100
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Judgment 2210
94th Session, 2003
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4(c) and (d)
Extract:
The Agency considers that the complainant has no cause of action (to challenge the outcome of a competition) since she holds a post corresponding to her wishes and did not apply for a post which is, according to the organisation, very similar to the disputed post. The Tribunal states that: "all staff members are entitled to compete in accordance with the conditions laid down in the applicable provisions. Staff members are free to choose whether or not to apply for a competition, provided that they do not abuse this right."
Keywords:
appointment; candidate; cause of action; competition; post; receivability of the complaint; right;
Judgment 2172
94th Session, 2003
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 20-21
Extract:
The organisation extended the complainant's probationary period and transferred her following an unfavourable performance appraisal report. She submits that her supervisors failed to observe the procedure for the completion of performance appraisal reports. The Tribunal considers that "even if her supervisor appeared to follow the proper procedure by sending her the appraisal report [...] before the second-level supervisor had signed it, in order for the procedure to be meaningful, the second-level supervisor should not have written her comments until the complainant's supervisor had answered the memorandum [in which the complainant contested her appraisal]. The process is not a dialogue if one party does not listen to another. in this case, the complainant's supervisor did not consider the complainant's comments when preparing the evaluation. The evidence thus supports the complainant's allegation that the proper procedure was not followed [...] the decision to extend the probationary period was based on a flawed appraisal and the complainant should have been confirmed in her post."
Keywords:
breach; consequence; decision; different appraisals; extension of contract; mistake of fact; performance report; period; post; probationary period; procedural flaw; procedure before the tribunal; reply; supervisor; transfer; unsatisfactory service; work appraisal;
Judgment 2156
93rd Session, 2002
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Admittedly, precedent has it that international organisations can undertake restructuring where it is necessary to achieve greater effectiveness, or indeed to make savings, and can therefore regroup certain functions and make staff reductions. But any job abolitions arising out of such a policy must be justified by real needs, and not be immediately followed by the creation of equivalent posts."
Keywords:
abolition of post; case law; cause; creation of post; post; staff reduction; termination of employment;
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 2142
93rd Session, 2002
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"In a selection for a post, the most worthy candidates are selected 'in', i.e. to become members of staff, whereas in a mutually agreed separation exercise these are the very people who are most likely to be selected 'out' i.e. not to be released, in accordance with the requirements of the service. The interest of the organisation, which is paramount in each case, requires that the best candidates be employed and promoted in the first instance, and that they be retained in the organisation's service in the second."
Keywords:
agreed termination; appointment; candidate; competition; organisation; organisation's interest; post; procedure before the tribunal; promotion; qualifications;
Judgment 2122
93rd Session, 2002
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant submitted her candidacy for a post of legal assistant. Her application was not taken into consideration because she did not fulfil the eligibility conditions set out in the notice of competition. She submits that there is a contradiction between the provisions of Staff Regulation Article 30 and those of Rule of Application No. 2 which sets out conditions for eligibility. The Tribunal finds "no contradiction between the provisions of Staff Regulation Article 30 and those of Rule of Application No. 2. [...] Contrary to what the complainant appears to suggest, the fact that Article 30(1) of the Staff Regulations says that the 'selection of candidates shall be based on qualifications' does not preclude the setting of eligibility conditions. [...] The eligibility conditions provided for in Rule No. 2 offend against no provision of the Staff Regulations. [...] The complainant did not meet all the conditions set in the notice of competition, and the Agency was therefore right to reject her application."
Reference(s)
Organization rules reference: ARTICLE 30 OF THE STAFF REGULATIONS GOVERNING OFFICIALS OF THE AGENCY
Keywords:
appointment; breach; candidate; competition; complainant; condition; criteria; degree; difference; enforcement; grounds; post; provision; refusal; staff regulations and rules; vacancy notice;
Judgment 2120
93rd Session, 2002
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10-11
Extract:
A paragraph of a notice issued by the Organisation's secretariat stipulates that the spouse of a staff member shall normally not be employed in the same department as the staff member. The Tribunal considers that "the provision improperly discriminates between candidates for appointment based on their marital status and family relationship [...]. Discrimination on such grounds is contrary to the Charter of the United Nations, general principles of law and those which govern the international civil service, as well as international instruments on human rights. [...] All forms of improper discrimination are prohibited. What is improper discrimination? It is, at least in the employment context, the drawing of distinctions between staff members or candidates for appointment on the basis of irrelevant personal characteristics. Manifestly, the fact that two staff members may be married to each other is not relevant to their competence or the capacity of either one of them to fulfil their obligations. and, if it is thought that marital or intimate personal relationships between staff members may create management problems, such problems must be dealt with in ways that do not discriminate against either of them as a result of such relationships. The Tribunal notes that [the notice] as it is written, besides being too broad, is not even effective in dealing with the presumed possibility of undue influence or favouritism for it is silent on non-marital intimate relationships. It also fails to deal with marriages taking place after appointment".
Keywords:
administrative instruction; assignment; breach; candidate; competition; definition; difference; equal treatment; family relationship; general principle; grounds; international civil service principles; international instrument; official; organisation; post; provision; publication; qualifications; staff member's duties; terms of appointment; un charter; universal declaration of human rights;
Judgment 2116
92nd Session, 2002
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The [organization] was cavalier in the way in which it informed [the complainant] of what was to become of the selection process. For the complainant it was particularly important that she be informed promptly whether she could expect to be appointed, so that she could start to look for another job if need be. She contends, and the [organization] does not demur, that she had the more reason to be optimistic as she had been told unofficially that of all the applicants, she stood the best chance of being appointed. In these circumstances, the [organization] ought to have [informed] her [...] that reclassification was a serious possibility for the post in question. But it did not [...] thereafter, when a decision was taken [...] to withdraw the vacancy announcement, the organization should have informed the candidates immediately. [...] The complainant was so informed in writing [...] nearly four months later. Even if [...] she was informed by telephone [...] written notification was nonetheless an obligation. The complainant's personal interests have undoubtedly been harmed and some redress for the material and moral injury she suffered is warranted [...]."
Keywords:
appointment; assignment; candidate; competition; competition cancelled; date of notification; delay; duty to inform; material damages; material injury; moral injury; organisation's duties; post; post classification; procedure before the tribunal; staff member's interest; time limit; vacancy notice;
Judgment 2092
92nd Session, 2002
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"One of the tests which the Tribunal has developed over the years to determine whether or not a post has truly been abolished is to ask whether or not the 'abolition' has resulted in a reduction of the number of staff in the affected department. (See, for example, Judgment 139 [...].) If it has not, the presumption is that all that has taken place is a redistribution of functions among existing posts [...] and not the abolition of one or more posts".
Reference(s)
ILOAT Judgment(s): 139
Keywords:
abolition of post; case law; consequence; criteria; definition; iloat; judicial review; post; reorganisation; staff reduction;
Judgment 2072
91st Session, 2001
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant benefited from a voluntary separation programme that the organization had had to implement because of financial difficulties. He is challenging the refusal to consider his request for re-employment. "The organization cannot be taken to task for not considering him for [vacant] posts for which he had not applied, or for not offering him another [post] while it was still in financial straits."
Keywords:
agreed termination; budgetary reasons; competition; failure to answer claim; participation; post; refusal; reinstatement; request by a party; separation from service; vacancy; vacancy notice;
Judgment 2060
91st Session, 2001
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Candidates who apply for a post to be filled by competition, whatever their hopes of success may be, are entitled to have their applications considered in good faith and in keeping with the basic rules of fair competition. An organisation must be careful to abide by the rules on selection and when the process proves flawed, the Tribunal will quash any resulting appointment, albeit on the understanding that the organisation must 'shield' the successful candidate from any injury (see for example Judgments 1990 and 2020 and the others cited therein)."
Reference(s)
ILOAT Judgment(s): 1990, 2020
Keywords:
appointment; candidate; case law; competition; competition cancelled; condition; due process; equal treatment; general principle; good faith; injury; international civil service principles; post; qualifications;
Judgment 2051
91st Session, 2001
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant had applied for another post within the organization. While he was on leave in order to prepare his daughter's wedding, he was invited by telephone to attend an interview within two days. The complainant having stated he would not be able to attend the interview in that timeframe, his name was deleted from the list of candidates taken into consideration by the Selection Committee. "The failure to give reasonable notice to the complainant to attend an interview by refusing to take into account the family circumstances of the complainant at the time, followed by the elimination of the complainant from consideration when he could not attend, constitutes [a] flaw in the procedure adopted by the administration in respect of the selection for this post."
Keywords:
candidate; competition; due process; flaw; notice; post; refusal; selection board;
Judgment 2027
90th Session, 2001
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"A quantitative difference in duties rather than a difference in their nature or intrinsic importance is not a decisive criterion on which to base a difference in grade between two officials who perform exactly the same duties."
Keywords:
criteria; difference; grade; official; post; post classification; post description;
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 1854
87th Session, 1999
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15, 17 and 18
Extract:
The post of the complainant (employed on a permanent contract) was abolished and replaced by a new one of higher level, the functions of which however remained substantially similar to those of the previous post. "By changing the requirements [the organisation] manifested its desire to have those functions performed by a person with higher academic or professional qualifications, but it does not prove that the complainant, who had twenty-eight years of experience with the [organisation], was unable to perform them. [T]he complainant has [...] shown that, prima facie, the functions of the new post were substantially similar to his post, and within his capabilities [...] on the other hand, the [organisation] has failed to prove that the new post did have greater responsibilities; or that it was higher in grade than the old one; or that its greater responsibilities were recognised by way of higher remuneration. [I]n the circumstances, the Tribunal holds that there was no genuine suppression of the complainant's post, and that the termination of his contract was caused mainly by an unjustified loss of confidence in him by the administrator."
Keywords:
abolition of post; contract; grade; permanent appointment; post; professional experience; training;
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 1806
86th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15-17
Extract:
The Tribunal does not support the practice of the organization of not letting employees in the personnel unit hold office on the Staff Committee in order to avoid any risk of conflict of interest. The decision to offer the complainant a post in the personnel unit should never have been attached to the condition of resigning as president of the Staff Association. "It is important both to protect the right of association and to maintain a staff association's independence."
Keywords:
condition; freedom of association; offer; organisation's duties; post; practice; staff representative; staff union; staff union activity;
Judgment 1793
86th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Posts under field projects will as a rule fare as do the projects themselves. If the project is of limited duration, so too will be the post."
Keywords:
fixed-term; post; project personnel;
Judgment 1787
86th Session, 1999
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10-11
Extract:
"The qualifications expected may be just 'desirable', not requirements binding in law. But the appointing authority is not free on that account [...] to disregard the fact that some do qualify and to plump for the very one who does not, even one who in other respects has the right experience and skills. [...] Here the Organization picked someone wanting in listed qualifications which, though said to be only 'desirable', were in fact essential. It thereby fell short of the standards of objectiveness and openness that must govern appointment to a senior post in an international organisation. The process of selection cannot stand [...]" (See Judgment 1595, under 10.)
Reference(s)
ILOAT Judgment(s): 1595
Keywords:
appointment; candidate; competition; competition cancelled; condition; criteria; discretion; flaw; post; post description; procedure before the tribunal; professional experience; qualifications; vacancy notice;
Consideration 4
Extract:
"Although the abolition of his post did demand of the Organization efforts to place him suitably and at the right grade elsewhere, he had no right to preference for any particular post, the less so since others were in the same plight. He may object to the Organization's failure to let him have the transfer he wanted, but such failure does not make it unlawful for the organization to have appointed another official to the post he had applied for, provided at least that that official was qualified."
Keywords:
abolition of post; appointment; competition; condition; equal treatment; grade; organisation's duties; post; priority; qualifications; reassignment; right;
Judgment 1782
85th Session, 1998
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"What [Staff Rule 110.02 a) on abolition of posts and staff reduction] entitles staff members with permanent appointments to is preference to 'suitable posts in which their services can be effectively utilized', and that means posts not just at the same grade but even at a lower one. [...] The Advisory Group should have asked the complainant [who held grade G.7] at the outset whether she would accept a G.6 post. Because it failed to do so, it considered her for vacant posts at G.7 only and deprived her of the opportunity of being considered for G.6 vacancies." See also Judgment 346 [...].
Reference(s)
Organization rules reference: UNIDO'S STAFF RULE 110.02 A)
ILOAT Judgment(s): 346
Keywords:
abolition of post; contract; duration of appointment; grade; organisation's duties; permanent appointment; post; priority; staff reduction; staff regulations and rules; vacancy;
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