Qualifications (311, 312, 313, 314, 661,-666)
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Keywords: Qualifications
Total judgments found: 95
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Judgment 2373
97th Session, 2004
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The decision to redefine the functions of a post is the prerogative of the Director-General, 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."
Keywords:
decision; definition; discretion; executive head; post; post description; qualifications; recommendation;
Judgment 2363
97th Session, 2004
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant's application for a post was unsuccessful. "While the complainant is undoubtedly technically qualified for the coveted post, and was found to be so in the two competitions in which she was unsuccessful, she was also, in both cases, found by two separate Selection Committees not to be the most qualified. Although the complainant clearly has a high view of her own merits, the fact that that view is not universally shared by others, whose honesty and good faith the complainant has not been successful in impugning, does not mean that the complainant has been unfairly treated or that she has been denied a promotion which should rightfully have been hers."
Keywords:
advisory opinion; breach; candidate; competence; competition; difference; equal treatment; good faith; lack of evidence; post; promotion; qualifications; refusal; right; selection board;
Judgment 2315
96th Session, 2004
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. In accordance with this directive, the complainant's contract was not renewed. "Much of the complainant's argument is directed to the proposition that the Commission cannot secure services of the standard specified in [Staff] Regulation 4.2 if it cannot retain those services beyond seven years, particularly as it has to compete for staff with other international organisations. That proposition is not self-evidently correct. Nor is it established by pointing, as the complainant does in his submissions, to international organisations which have a similar policy and which, according to the complainant, have or may have had difficulties in recruiting and retaining suitable staff. Moreover, [...] exceptions [are allowed] in the case of a need to retain 'essential expertise or memory in the Secretariat' ensures that, to that extent, its staffing needs can be satisfied."
Reference(s)
Organization rules reference: CTBTO PrepCom's Staff Regulation 4.2
Keywords:
appointment; career; contract; enforcement; exception; general principle; lack of evidence; limits; non-local status; non-renewal of contract; official; organisation; professional category; qualifications; safeguard; staff regulations and rules; terms of appointment; written rule;
Judgment 2221
95th Session, 2003
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
"It is well settled that a promotion decision is a discretionary decision which can only be challenged on limited grounds. Moreover, it is settled that mere satisfaction of necessary criteria does not ordinarily confer a right to promotion. [...] It follows that the [competent authorities] were entitled to have regard, in determining whether to backdate the complainant's promotion, to all matters pertaining to his work performance, [including] his staff reports, even though the [applicable] guidelines made no reference to such reports."
Keywords:
administrative instruction; applicable law; case law; competence; consequence; criteria; decision; discretion; elements; exception; grounds; judicial review; limits; organisation; performance report; promotion; qualifications; right;
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 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 2074
91st Session, 2001
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant applied for a post but was not selected. "The complainant claims the right of preference which is accorded, when candidates are equally competent, to internal applicants [...] In view of its objective, which is to secure the best possible employees for an organisation, equality of competence applies to all the abilities required of an employee, both professional and personal. The Secretary-General did not overstep his discretionary authority by concluding that the overall aptitude of the candidates was not equal. The plea must therefore fail."
Keywords:
candidate; competition; condition; discretion; executive head; internal candidate; no cause of action; organisation's interest; purpose; qualifications; refusal; right;
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 2007
90th Session, 2001
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Under the provisions [of the Staff Regulations], a contract may be terminated for unsatisfactory performance only after the employee has been served with a formal written warning allowing him or her three months to improve. That period which essentially aims at allowing the employee concerned enough time as may be constructively used to correct mistakes, make good shortcomings and improve both behaviour and working relations with other staff members must cover an effective period of three months during which the employee must be in a position to perform his or her duties correctly and to make full use of his or her abilities. The Tribunal considers that in this instance the complainant was not in such a position."
Keywords:
duty to inform; evidence; injury; medical fitness; notice; period; qualifications; termination of employment; unsatisfactory service; warning; work appraisal;
Judgment 2004
90th Session, 2001
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"The Tribunal wishes to emphasise that there is nothing wrong in having a policy aimed at gender parity. For too long women have been subjected to discrimination in appointments to senior posts which can be proved by statistics. But this policy cannot be achieved by setting quotas and by reverse discrimination, in other words, by the appointment for particular posts of women who are less qualified than men. This is contrary to [Staff] Regulation 4.3 which provides that selection shall be without regard to race, creed or sex'. The policy can be achieved by different means [...] but the bottom line must always be that the person best qualified should be appointed."
Reference(s)
Organization rules reference: WHO STAFF REGULATION 4.3
Keywords:
appointment; candidate; competition; equal treatment; priority; qualifications; remand; right; sex discrimination;
Judgment 1990
89th Session, 2000
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The basic rules to be respected [in a competition] include the right of all applicants to equal treatment. The organisation may make no distinction between candidates on the basis of criteria - language, for example - which are not referred to in the entry requirements (see Judgment 1158, [...] under 4 et seq)."
Reference(s)
ILOAT Judgment(s): 1158
Keywords:
candidate; competition; criteria; due process; equal treatment; knowledge of languages; qualifications;
Consideration 7
Extract:
"In the competition, the English-speaking and French-speaking candidates were not in the same situation, so criteria were needed that took account of the differences. The matter becomes more complex if account is taken of candidates whose mother tongue is neither English nor French. [...] Since one of the requirements of the competition - and the post in question - was a good knowledge of the two main working languages, it was not unfair to provide for tests in one language only and apply an adequate correction factor to all candidates who were non-English-speaking. Such a solution redresses the balance and goes some way to ensuring equality between the candidates. Provided that it really is adequate, a correction factor does not impair the right to equal treatment."
Keywords:
candidate; compensatory measure; competition; criteria; difference; equal treatment; knowledge of languages; qualifications; safeguard;
Judgment 1915
88th Session, 2000
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 18-19
Extract:
A comparison study of language proficiency between the common system staff and outside employers was attacked by the complainants because the required level of proficiency is higher in the common system. "The Tribunal holds that it is not necessary to achieve a perfect match between outside jobs and those in the common system. There must merely be sufficient similarity between these jobs."
Keywords:
adjustment; allowance; flemming principle; knowledge of languages; language allowance; qualifications; salary; scale;
Judgment 1865
87th Session, 1999
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7 and 10
Extract:
"Article 46(5) of the Service Regulations states that 'for a period of two years from the date on which assignment to reserve status takes effect a permanent employee shall have priority for reinstatement in any post corresponding to his grade which may fall vacant or be created, provided that he possesses the necessary qualifications and ability.' The obligation of [the organisation] is not to reinstate the official who has been assigned to reserve status, but to make all the necessary efforts for his reinstatement. In other words, it is not an obligation as to the outcome, but as to the means employed to achieve the outcome."
Reference(s)
Organization rules reference: ARTICLE 46(5) OF THE EPO SERVICE REGULATIONS
Keywords:
condition; creation of post; criteria; organisation's duties; priority; qualifications; reinstatement; staff regulations and rules; vacancy;
Judgment 1839
86th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 16-17
Extract:
"The complainants plead that the staff representatives having withdrawn, the [Local Salary Survey Committee] was no longer competent to act and that the organization was in breach of its duty of consulting the staff either through such a body or else, in accordance with Staff Regulation 8.1, directly. [This] plea [...] must fail. Not only did the Committee and its working party both comprising staff representatives function for many months before the survey began, but the Committee did not, as the complainants make out, cease to exist after the staff representatives had withdrawn. The [organization] repeatedly invited them to take part, and their refusal to do so did not have the effect of disqualifying the Committee or invalidating its recommendations. The methodology [of the International Civil Service Commission] provides in paragraph 6 that, though it is preferable to have representatives of both management and staff take part, the technical requirements will still be met even if one side prefers not to; so that actual participation by both sides is not a requirement. Nor was there any breach of Regulation 8.1. [The Tribunal draws an analogy between this issue and the issue considered in Judgment 1565]."
Reference(s)
Organization rules reference: WHO STAFF REGULATION 8.1 PARAGRAPH 6, METHODOLOGY OF THE INTERNATIONAL CIVIL SERVICE COMMISSION
ILOAT Judgment(s): 1565
Keywords:
case law; competence; composition of the internal appeals body; consultation; delegated authority; formal requirements; icsc decision; organisation's duties; participation; qualifications; recommendation; salary; staff representative;
Judgment 1838
86th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 16-17
Extract:
"The complainants plead that the staff representatives having withdrawn, the [Local Salary Survey Committee] was no longer competent to act and that the organization was in breach of its duty of consulting the staff either through such a body or else, in accordance with Staff Regulation 8.1, directly. [This] plea [...] must fail. Not only did the Committee and its working party both comprising staff representatives function for many months before the survey began, but the Committee did not, as the complainants make out, cease to exist after the staff representatives had withdrawn. The [organization] repeatedly invited them to take part, and their refusal to do so did not have the effect of disqualifying the Committee or invalidating its recommendations. nor was there any breach of Regulation 8.1. [The Tribunal draws an analogy between this issue and the issue considered in Judgment 1565]."
Reference(s)
Organization rules reference: WHO STAFF REGULATION 8.1
ILOAT Judgment(s): 1565
Keywords:
advisory body; case law; competence; composition of the internal appeals body; consultation; delegated authority; organisation's duties; qualifications; recommendation; salary; staff representative;
Judgment 1827
86th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The selection of candidates for promotion is necessarily based on merit and requires a high degree of judgment on the part of those involved in the selection process. Those who would have the Tribunal interfere must demonstrate a serious defect in it; it is not enough simply to assert that one is better qualified than the selected candidate."
Keywords:
burden of proof; candidate; competition; criteria; discretion; judicial review; limits; procedural flaw; promotion; qualifications; satisfactory service; selection board; work appraisal;
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 1771
85th Session, 1998
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2(c)
Extract:
"The complainant applies for an expert enquiry to determine whether she is fit for the duties of the post. Firm precedent has it that an executive head must be allowed discretion to determine what services the Organisation needs and whether someone is able to provide them, and that the Tribunal may exercise only a limited power of review over decisions on such matters. To allow the complainant's application for expert inquiry would be to assume that the Tribunal might replace the Director General's assessment of her with its own and would be alien to the notion of limited review [...]."
Keywords:
case law; competition; discretion; executive head; expert inquiry; judicial review; qualifications; refusal;
Judgment 1733
84th Session, 1998
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The authorities of the complainant's home country, who were asked to give an opinion about giving him a promotion, declined their support for him but gave no reasons. If the country "had given a reason the Director General would have had to consider whether it was sound or not and whether refusing him the appointment was in the Agency's best interests. since it offered none, he had no basis on which to exercise his discretion. The complainant was fully qualified for promotion; his abilities were well known to the Agency and appreciated. The paramount consideration mentioned in Article VII.d [of the IAEA Staff Regulations] was heeded, namely seeking staff of the highest standards of efficiency, technical competence and integrity. The reason stated by the Agency for refusing him the appointment which he would otherwise have been granted is therefore untenable and acting from that reason amounted to a mistake in law."
Reference(s)
Organization rules reference: ARTICLE VII.D OF THE IAEA STAFF REGULATIONS
Keywords:
discretion; independence; member state; organisation's duties; organisation's interest; promotion; qualifications; staff regulations and rules;
Judgment 1646
83rd Session, 1997
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The defendant contends on the strength of the complainant's personal file and his supervisors' reports on his conduct and performance that he was not up to the job anyway. That is neither here nor there. The Union has neglected the cardinal rule of any process of selection: the chosen candidate must have at least the qualifications stipulated in the notice."
Keywords:
appointment; candidate; competition; criteria; due process; organisation's duties; personal file; procedure before the tribunal; qualifications; vacancy notice;
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