Post (306,-666)
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Keywords: Post
Total judgments found: 100
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Judgment 1775
85th Session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"Staff Rule 1050.2, which [the complainant] relies on, states that [the reduction-in-force procedure] applies only to a post of indefinite duration'. The post held by the complainant [...] was designated as a 'project post'. As Manual paragraph II.9.260 makes plain, the reduction-in-force procedure does not apply to posts of 'limited duration', a category which specifically includes country project posts."
Keywords:
criteria; enforcement; fixed-term; permanent appointment; post; project personnel; staff reduction; staff regulations and rules;
Judgment 1647
83rd Session, 1997
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
It follows from WHO Manual paragraph II.1.30 that "grading hinges neither on quality of performance nor on seniority. The sole criteria are the duties and responsibilities of the post. And the grade cannot change unless there is a 'significant change in [their] level'."
Reference(s)
Organization rules reference: PARAGRAPHE II.1.30 OF WHO MANUAL
Keywords:
amendment to the rules; criteria; post; post classification; post description; seniority; staff regulations and rules; work appraisal;
Judgment 1590
82nd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The Tribunal will be especially cautious "where the issue is not transfer but the determination or alteration of the duties to be performed on a given post. Here the duties required of the complainant are not different from those provided for at the date of recruitment, the organisation enjoying the widest discretion in matching duties to needs."
Keywords:
amendment to the rules; assignment; discretion; judicial review; organisation's interest; post; post description; transfer;
Consideration 5
Extract:
"The complainant contends that what the impugned decision entailed was really transfer and a change of post. He is mistaken. The duties of a post are determined by the description of it in the letter of appointment and by any later changes: see Judgments 1103, under 3 and 4, and 1146, under 4 and 7."
Reference(s)
ILOAT Judgment(s): 1103, 1146
Keywords:
amendment to the rules; appointment; case law; decision; post; post description; transfer;
Consideration 5
Extract:
The complainant says that the parties' clear intent was to put him on a post of terminologist. He is wrong. "He must have realised that the Organisation creates a post by express decision, and that he himself was put on a translator's post even though he was set, at least to begin with, to work on terminology. The post description made it plain that the Organisation might give him other duties without changing his post."
Keywords:
appointment; assignment; decision; intention of parties; post; post description;
Judgment 1560
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainant asks the Organization to say how often it has stopped a competition in order to change the duties of the vacant post and regrade it. There is no need for evidence on that score since the issue is not decisive: if the procedure is lawful it is immaterial how often UNESCO may have followed it before".
Keywords:
competition; competition cancelled; disclosure of evidence; evidence; post; post classification; submissions;
Judgment 1556
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"In any event [the complainant] may not plead want of due notice [...]. Having been well aware as early as [53 days before] of the sort of post she was to get and of her duty station, she may not properly plead bad faith."
Keywords:
assignment; complainant; duty station; duty to inform; good faith; organisation's duties; post; post description; transfer;
Judgment 1549
81st Session, 1996
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"When an organisation wants to fill a post by competition it must comply with the material rules and the general precepts of the case law."
Keywords:
appointment; case law; competition; due process; general principle; international civil service principles; organisation's duties; post; selection procedure; staff regulations and rules;
Consideration 8
Extract:
"Whether [the complainant who is now retired] still has any interest in the quashing of someone else's appointment is moot; but he still has an interest in exposing a breach of due process which may warrant an award of damages: see Judgment 729 [...]."
Reference(s)
ILOAT Judgment(s): 729
Keywords:
appointment; candidate; cause of action; claim moot; compensation; competition; due process; flaw; internal candidate; post; procedural flaw; receivability of the complaint; retirement;
Judgment 1526
81st Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Good faith must govern relations between administration and official [...]. It requires each party to a contract to let the other have beforehand any material information on points that may reasonably be seen as decisive. Whether a post is of limited or unlimited duration need not be a matter of indifference to the candidate since the duration may affect stability of employment. The Tribunal is not satisfied, however, and indeed doubts that the want of information influenced the complainant one way or the other."
Keywords:
acceptance; appointment; duration of appointment; duty to inform; offer; organisation's duties; post; security of tenure;
Judgment 1357
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The organisation is free to withdraw a notice of vacancy at any time, even when, as in this case, the process of selection has gone quite far. The conclusion is that the complainant's internal appeal disclosed no cause of action at the time of filing and that his complaint must fail for the same reason, there being no need to entertain his arguments on the merits."
Keywords:
competition; discretion; internal appeal; no cause of action; organisation's interest; post; procedure before the tribunal; receivability of the complaint; vacancy notice;
Judgment 1355
77th Session, 1994
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"There is no rule or principle of law that requires the Director-General to state in so many words just why he has turned someone down for promotion or appointment. What matters is that, if the official asks, the reasons must be revealed. Otherwise the Tribunal may not exercise its power of review and determine whether the reasons are lawful and the decision sound."
Keywords:
appointment; candidate; decision; duty to substantiate decision; general principle; grounds; judicial review; no provision; official; organisation's duties; post; promotion; refusal; request by a party; subsidiary; written rule;
Judgment 1343
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant was transferred to a new post. He alleges that the transfer was unlawful, his new duties being at a lower level than those he had formally discharged. "Whether the post is 'commensurate' with his former post and grade depends on an objective test, namely the level of his duties. He has failed to satisfy the Tribunal that their level is not in keeping with his grade, which was the same after as before transfer."
Keywords:
amendment to the rules; criteria; grade; lack of injury; post; post description; transfer;
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;
Judgment 1323
76th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
Vide Judgment 133.
Reference(s)
ILOAT Judgment(s): 133
Keywords:
candidate; career; internal candidate; legitimate expectation; organisation's interest; post; priority; professional experience; satisfactory service; seniority; staff member's interest;
Judgment 1314
76th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant, who got assurances from the ILO that it was not going to fill a post in which he was interested, alleges on the basis of a list of staff movements that the organization had filled the post without holding an internal competition. It turns out that the list contained an error, of which the ILO failed to give the complainant notice, and the post had not been filled. The Tribunal holds that he did not suffer any injury on account of the alleged decision he impugns, but holds that the ILO left the matter uncertain for several months. There being no decision for the Tribunal to quash, his claims fail save the one to an award of costs.
Keywords:
absence of final decision; costs; duty to inform; internal competition; lack of injury; organisation's duties; post;
Judgment 1272
75th Session, 1993
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
To apply rules that make the competence of a candidate and his prior service in the organisation paramount considerations in filling vacancies means "that at the very least the staff must be told of the vacancy or of the creation of a post and anyone who wants to apply must be allowed to do so and must have the application considered according to objective criteria."
Keywords:
appointment; candidate; creation of post; duty to inform; organisation's duties; post; vacancy; vacancy notice;
Judgment 1250
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
The complainant's refusal of assignment to a post outside headquarters "was in breach of his obligation to the organization to comply with a transfer under Regulation 301.012. In view of the responsibilities of the post [to which he was assigned], that refusal impeded the effective operation of the organization [...] and amounted to misconduct."
Reference(s)
Organization rules reference: STAFF REGULATION 301.012
Keywords:
breach; complainant; definition; duty station; headquarters; organisation's interest; post; post description; refusal; serious misconduct; staff member's duties; staff regulations and rules; transfer;
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 1234
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
The complainant, an official at grade D.2, was moved twice in 18 months but given no explanation for the moves. His second transfer was to a post at a lower grade, some distance from headquarters and in a field he had never worked in. "Although the Director-General will ordinarily be treated as the best judge of what the organization's interests are and the Tribunal will not ordinarily interfere in his assessment of them, nevertheless it will do so in this case. It is quite inadequate to plead that the decision to transfer the complainant was 'in the interests of the organization'. The basis for reaching that conclusion must be made clear so that the Tribunal may exercise its power of review and determine whether there exists any of the grounds for setting aside a discretionary decision of that kind."
Keywords:
discretion; downgrading; duty to substantiate decision; grade; judicial review; limits; organisation's duties; organisation's interest; post; transfer;
Consideration 19
Extract:
The complainant, an official at grade D.2, was moved twice in 18 months but given no explanation for the transfers. His second move was to a post at a lower grade, at some distance from headquarters and in a field he had never worked in. The organization pleads that his transfer was "in the interests of the organization" and that the burden is on him to show that it was not. "But there it betrays a deeply mistaken view of its duty. Of course its own interests are paramount, but it must still, for the sake of proper management and mutual confidence, treat its staff fairly. If it is transferring a staff member it must let him have a degree of responsibility corresponding to his grade and respect his dignity. It must give him a statement of the reasons for the transfer and the opportunity of responding."
Keywords:
burden of proof; downgrading; duty to substantiate decision; grade; organisation's duties; organisation's interest; post; respect for dignity; right to reply; staff member's interest; transfer;
Considerations 12-13
Extract:
The complainant was transferred against his wishes to a post at a lower grade, D.1, but kept grade D.2 on a personal basis. The Tribunal confirms what it said in Judgment 631 about staff Rule 570 on reduction in grade. That provision - which says that reduction in grade may result (1) from the staff member's own request, (2) from unsatisfactory performance or misconduct or (3) as an alternative to termination in a reduction inforce - applies even when the staff member keeps his own grade on a personal basis. "The organization may not require a staff member to move to a post at a lower grade against his wishes, however generous the financial compensation, unless there is compliance with Rule 570."
Reference(s)
Organization rules reference: WHO STAFF RULE 570
ILOAT Judgment(s): 631
Keywords:
acceptance; case law; downgrading; grade; post; staff regulations and rules; transfer;
Judgment 1221
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant seeks the redefinition of her duties and, subsidiarily, transfer or secondment. "The administration never forced the complainant to perform duties other than those in the description of her post. It is bound neither to amend the duties of staff to suit their own wishes nor [...] to grant their applications for transfer, provided that its decisions are not prompted by considerations irrelevant to its own interests."
Keywords:
amendment to the rules; assignment; discretion; organisation's duties; organisation's interest; post; post description; request by a party; request for transfer; secondment;
Judgment 1213
74th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant is claiming assignment to a specific post. The meaning of Article VIII of the Tribunal's Statute, "as the case law has construed it, is that the Tribunal may not order an organisation to put a staff member on any particular post. All it may do is set aside an unlawful decision putting someone on a post or refusing to do so or order specific performance where the organisation has failed to discharge an obligation. In this case [...] the complainant's claim [...] fails because it is irreceivable."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
assignment; case law; claim; competence of tribunal; iloat statute; interpretation; organisation's duties; post; receivability of the complaint;
Judgment 1207
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
"A distinction must be drawn between the upgrading of the complainant's post and his own promotion. Any regrading is bound to affect an organisation's structure and will therefore depend on the way in which work is organised. [...]
The fact that pending the outcome he was fulfilling duties pertaining to a more highly graded post that did not yet exist does not entitle him to compensation, let alone retroactive promotion. [...]"
Reference(s)
ILOAT Judgment(s): 940, 1016, 1025
Keywords:
administrative delay; date; effective date; organisation's interest; personal promotion; post; post classification; promotion;
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