Title of post (268,-666)

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Keywords: Title of post
Total judgments found: 10

• Judgment 4848

  
  138th Session, 2024
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests WIPO’s decisions (i) to advertise his post; (ii) to organise a selection process to fill his post; (iii) not to appoint him to the post without competition; (iv) to renew his fixed-term appointment for three months only; (v) to restructure his division; and (vi) to modify/redefine his post.

  Judgment keywords

  Keywords:

  abolition of post; complaint dismissed; difference; duration of appointment; extension of contract; fixed-term; organisation's duties; post description; renewal of contrat; reorganisation; staff member's interest; title of post;
  

  Consideration 12

  Extract:

  The Tribunal is satisfied that there is no manifest error in the Appeal Board’s finding and conclusion that there was a material difference between the duties and responsibilities of the newly created position (Director of CMD) and those of the original position (Director of CID) as a result of the redefined organizational context, warranting advertising for the post of Director of CMD. Therefore, the Director General’s decision to extend the complainant’s contract by three months only in the soon to be abolished position of Director of CID was taken in proper exercise of his discretion.

  Keywords:

  abolition of post; difference; discretion; duration of appointment; extension of contract; manifest error; post description; renewal of contrat; reorganisation; title of post;
  

  Consideration 8

  Extract:

  The other and related decisions apparent from the letter of 31 January 2018 were the decisions to offer the complainant a three-month extension of his fixed-term appointment and to advertise the position of Director of the (about to be created) CMD. In his pleas, the complainant challenges the creation of this position contending, amongst other things, it was not materially different to the position he then formally occupied and was the product of a reorganisation which was illusory rather than substantial. It is unnecessary to repeat the various ways this is put by the complainant. However, mention should be made of a submission, which is tantamount to an allegation that the reorganisation was not a bona fide exercise of an undoubtedly wide discretionary power the executive head of an international organisation has to institute administrative and other structural changes within the organisation with consequential effects on existing posts, including their redefinition or abolition (see, for example, Judgments 4599, considerations 11 and 12, 4353, consideration 7, 3238, consideration 7, and 3169, consideration 7). This is, in substance, an allegation of bad faith. However, bad faith may not be presumed, and the burden of proof is on the party that pleads it (see Judgments 4682, consideration 3, 4353, consideration 12, and 2800, consideration 21). In the present case, there is not a scintilla of evidence that the reorganisation decision did not involve a bona fide exercise of the wide discretionary power of the executive head. This plea is unfounded.

  Reference(s)

  ILOAT Judgment(s): 2800, 3169, 3238, 4353, 4599, 4682
  

  Keywords:

  abolition of post; bad faith; burden of proof; difference; discretion; duration of appointment; extension of contract; fixed-term; post description; renewal of contrat; reorganisation; title of post;
  

  
  
  

• Judgment 4744

  
  137th Session, 2024
  European Molecular Biology Laboratory
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to amend his job title.

  Judgment keywords

  Keywords:

  complaint allowed; title of post;
  

  
  
  

• Judgment 4672

  
  136th Session, 2023
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the title of his post following his reinstatement.

  Judgment keywords

  Keywords:

  administrative decision; complaint dismissed; reinstatement; title of post;
  

  
  
  

• Judgment 3850

  
  124th Session, 2017
  European Molecular Biology Laboratory
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to amend his job title.

  Judgment keywords

  Keywords:

  case sent back to organisation; complaint allowed; consultation; decision quashed; title of post;
  

  
  
  

• Judgment 1407

  
  78th Session, 1995
  World Tourism Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The complainant challenges the change in her title from "assistant" to "secretary". The WTO argues that she has no cause of action but the Tribunal holds that "the title forms part of an official's status and so any change in the title is challengeable."

  Keywords:

  amendment to the rules; injury; receivability of the complaint; staff regulations and rules; title of post;
  

  
  
  

• Judgment 1146

  
  72nd Session, 1992
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The complainant was employed as a reviser and had served as de facto head of the French language Section for several years. After the Director of the Language Service retired, the Director's successor decided to bring in a system according to which the heads of Section's functions would 'rotate'. that is what the complainant objects to. The Tribunal holds that "this case is similar to Miss S.'s, which [it] dismissed in Judgment 1103. [...] As the Tribunal said [...] there is no post as Head of Section: the term is only a convenient way of denoting a reviser who at a given time has particular responsibility for performing management duties."

  Reference(s)

  ILOAT Judgment(s): 1103
  

  Keywords:

  post description; title of post;
  

  Consideration 7

  Extract:

  The complainant believes that transfer of her de facto duties as head of the French Section to another reviser through rotation amounted to a disguised transfer. The Tribunal's answer is that "there was no transfer because there is no post as Head of Section as such. There was merely redivision of duties between the revisers".

  Keywords:

  post description; title of post; transfer;
  

  
  
  

• Judgment 1103

  
  71st Session, 1991
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The complainant was appointed to a post of reviser. For several years she served, in keeping with her job description, as de facto Head of the German Section. Later, her head-of- section duties were given to another reviser. "It is clear from [the complainant's job description] that the incumbent does not have the right to perform all of the linguistic and management duties stated therein, though he must be capable of performing them if his immediate supervisor so requires in the Office's interests."

  Keywords:

  elements; organisation's duties; post description; right; title of post;
  

  
  
  

• Judgment 1084

  
  70th Session, 1991
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "A right will be acquired when he who has it may expect it to be respected notwithstanding any amendment of written rules. One instance is where the right arises under a clause of the contract that the parties intend should be inviolate. Not all contractual rights are acquired rights: the parties must have expressly or by implication precluded the possibility of impairing them." Inasmuch as the change in the complainant's title made no difference to the level of his duties and responsibilities, to the nature of his work or his salary, the Tribunal found no breach of an acquired right. He therefore sustained no appreciable injury.

  Keywords:

  acquired right; amendment to the rules; contract; definition; lack of injury; title of post;
  

  
  
  

• Judgment 60

  
  10th Session, 1962
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration II 2(A)

  Extract:

  The complainant has not suffered any financial prejudice. "On the other hand, the mere fact of belonging to a given grade does not carry any prestige value, unlike the use of a title, such as 'secretary' for instance [...]. Thus there is no moral prejudice."

  Keywords:

  cause of action; injury; lack of injury; moral injury; post classification; title of post;
  

  
  
  

• Judgment 30

  
  6th Session, 1957
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  No regulations govern the conditions of employment of officials of branch offices. The complainant, an official of a branch office, was personally appointed secretary; it was natural that he should set great store by a distinction granted to him after 25 years of service. "The decision to change the complainant's title unjustifiably modified a former decision which had been in the nature of a personal reward; the Tribunal [...] finds for the complainant, insofar only as the retention of the title of secretary is concerned".

  Keywords:

  amendment to the rules; field; no provision; terms of appointment; title of post;