Qualifications (311, 312, 313, 314, 661,-666)
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Keywords: Qualifications
Total judgments found: 95
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Judgment 318
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[S]ince the purpose of probation is to find out whether the probationer is suited for service and should have his appointment confirmed, the Director-General may dismiss him if satisfied that he does not have the right qualifications."
Keywords:
probationary period; purpose; qualifications; termination of employment; unsatisfactory service;
Considerations
Extract:
"The Tribunal is competent to review the lawfulness of any decision by the Director-General [...]. In particular it may determine whether that decision [is tainted by any of the flaws which entitle the Tribunal to interfere]. The Tribunal may not [...] replace with its own the executive head's opinion of a staff member's performance, conduct or fitness for international service."
Keywords:
conduct; discretion; fitness for international civil service; judicial review; qualifications; work appraisal;
Judgment 260
35th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The applicable provision permits termination if the person concerned is unacceptable to the material government or if he is unsuitable for his post. The government did not declare that the person concerned was "persona non grata". A statement by a government official involved in the project was not sufficient; the complainant was not "unsuitable" simply because he was unacceptable to the material government official. The termination of the complainant's contract was unwarranted. The decision is quashed.
Keywords:
contract; enforcement; fixed-term; government approval; member state; persona non grata; project personnel; provision; qualifications; staff regulations and rules; termination of employment;
Judgment 251
34th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Although the complainant regularly received his salary increments his work was not always fully satisfactory, as appears from the dossier and is suggested by the failure of his many applications. On the other hand, the successful candidate had been trained for the vacant post and had proved himself fully fit for it. In the circumstances, even though the decision may be open to question, the Director-General did not draw any clearly false conclusions from the dossier."
Keywords:
appointment; candidate; increment; other; qualifications; salary; unsatisfactory service; vacancy;
Consideration 5
Extract:
"In choosing from among several candidates [...] length of service and university education are not the sole criteria. In fact the most important one is fitness for the vacant post."
Keywords:
appointment; candidate; condition; degree; elements; qualifications; seniority; vacancy;
Judgment 238
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he Selection Board had to select the best candidates by various criteria [...]. It was therefore entitled, after marking the written papers, to ask the organisation to reveal the names of the candidates so that it could fulfil its task by assessing the general suitability of each of them for employment in the international civil service."
Keywords:
appointment; candidate; competition; discretion; fitness for international civil service; open competition; qualifications; selection board;
Judgment 212
31st Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"A policy of discrimination is blame worthy and objectionable only if it aims at the exclusion of certain persons as a matter of principle on account of their nationality, race or opinions. It is normal and even desirable if it is based on the professional qualifications and merits of the persons concerned."
Keywords:
bias; criteria; equal treatment; nationality; qualifications; work appraisal;
Judgment 197
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Director-General "took the view that [the complainant, a probationer,] did not have the necessary qualifications for the post to which he was assigned [...] [His] decision was not tainted by illegality or based on incorrect facts [...], he did not fail to take account of essential facts, and did not draw from the evidence conclusions that are clearly false. The Tribunal's power to review the substance of this case is limited to the foregoing four points, and it cannot substitute its own judgment for that of the head of the organization."
Keywords:
discretion; judicial review; probationary period; qualifications; work appraisal;
Judgment 192
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant had been admitted to hospital suffering from a nervous breakdown. "The Director-General did not [...] exceed his discretion in failing to inquire into the working conditions prevailing at the complainant's place of employment. Whether or not the complainant's criticisms are justified, the fact remains that he reacted to the alleged difficulties in an abnormal manner which gave plausibility to the possibility of a relapse and appeared to justify his termination under" the applicable provision.
Keywords:
discretion; executive head; health reasons; inquiry; investigation; probationary period; project personnel; qualifications; refusal; termination of employment; termination of employment for health reasons; working conditions;
Judgment 178
26th Session, 1971
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he grading of each post is based exclusively on objective criteria. [Whilst] the present incumbent of the post [...] has qualifications superior to the standards required for the post which she accepted on the understanding that it would be upgraded [and] while this fact must leave her with an understandable grievance, it affords no legal basis for the upgrading which she claims."
Keywords:
discretion; grade; post classification; post description; qualifications;
Judgment 166
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[I]n selecting an official for a vacant post the Director-General must base his decision not on a single criterion but on several considerations, such as occupational skill, length of service, experience, diligence, and suitability for performing the functions of an international official, which he must weigh individually in each case before arriving at a decision."
Keywords:
appointment; competition; discretion; elements; fitness for international civil service; qualifications; vacancy; work appraisal;
Judgment 152
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on Termination
Extract:
"[E]ven disregarding [the Organization's] standards which for the purposes of evaluation can be taken into consideration only as one factor among others, [...] due allowance being made for the difficulty of the work and circumstances in which it was performed, [the complainant] did not produce the [...] output of translation which could be reasonably expected of him, and after being warned [...] did not improve his output. It is clear that unsatisfactory output is an important factor in unsatisfactory performance."
Keywords:
output; probationary period; qualifications; termination of employment; unsatisfactory service; work appraisal;
Consideration on Termination
Extract:
"The Tribunal is competent to review any decision of the Director-General to terminate the appointment of a staff member during or on the expiry of the probationary period [...] The Tribunal may not substitute its own judgment for that of the Director-General concerning the work or conduct of the person concerned or his qualifications for employment as an international officer."
Keywords:
discretion; judicial review; probationary period; qualifications; termination of employment; unsatisfactory service; work appraisal;
Judgment 135
22nd Session, 1969
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Following a decision tainted by a mistake of law, the Tribunal in Judgment 122 referred the case back to the organisation for a new decision on complainant's application for a permanent post "after considering, in the light of all the evidence in the dossier, whether complainant did in fact meet the requirements for appointment as an international official." After a further rejection, it was established that the organisation "did in fact consider the qualifications, morality and integrity of the applicant; so that it in no way infringed the Tribunal's judgment, but on the contrary conformed strictly to the considerations and decisions of the judgment [...]."
Reference(s)
ILOAT Judgment(s): 122
Keywords:
application for execution; confirmatory decision; execution of judgment; judgment of the tribunal; qualifications; res judicata;
Judgment 126
20th Session, 1968
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Under the applicable provision "the Director-General clearly has discretionary power to determine whether the continued employment of a staff member is contrary to the interests of the organization or not; it follows that any decision taken under [the applicable provision] does not come within the Tribunal's power of review unless" [...]; the Tribunal may not substitute its own judgment for that of the Director-General in regard to the work or conduct of the person concerned or his suitability for international service.
Keywords:
discretion; fitness for international civil service; judicial review; organisation's interest; qualifications; termination of employment; work appraisal;
Judgment 122
20th Session, 1968
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance
Extract:
In determining whether to appoint an employee to a permanent post, the relevant body must take into account, inter alia, both the employee's professional qualifications and "his suitability as an international official from the standpoint of morality, integrity and character."
Keywords:
condition; definition; elements; fitness for international civil service; qualifications; titularization;
Judgment 115
18th Session, 1967
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The applicable texts give "the Secretary-General discretionary power to assign staff members in the best interests of the organization, taking account in particular of the qualifications of the person concerned."
Keywords:
assignment; discretion; organisation's interest; qualifications; transfer;
Judgment 109
17th Session, 1967
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"While the Tribunal is competent to review any decision of the Director-General terminating the appointment of an official during the probationary period [...], the Tribunal may not, however, substitute its own judgment for that of the Director-General in regard to the work or conduct of the person concerned or his or her suitability for international service."
Keywords:
competence of tribunal; discretion; judicial review; probationary period; qualifications; termination of employment;
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