Promotion (269, 270, 271, 945, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 666,-666)
You searched for:
Keywords: Promotion
Total judgments found: 169
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Judgment 263
35th Session, 1975
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The Director-General may before taking decisions lay down rules for promotion which he notifies to the staff. In formulating the rules the Director-General exercises real discretionary authority; accordingly, when the Tribunal has to determine the validity of such rules its power of review takes the limited form already described.
Keywords:
discretion; flaw; judicial review; promotion; provision; staff regulations and rules;
Consideration 3
Extract:
In refusing to promote officials who had resigned the Director-General did not draw any clearly mistaken conclusion from the situation of such officials. Promotion may have two consequences: either a salary increase with new duties and greater responsibilities; or salary increase alone. "In the former case promotion would serve no purpose: the official who had resigned would remain for too short a time in the higher grade to which he had been promoted to perform the duties of the new post. In the latter case the decision not to promote the official is also warranted: [the] purpose [of promotion] is not merely to reward the official for past and present performance but also generally to encourage him to remain for a long period in the service of his employer."
Keywords:
consequence; organisation; promotion; purpose; refusal; resignation; separation from service;
Consideration 2
Extract:
"[A]s a rule the decision whether or not to promote an official falls within the discretionary authority of the Director-General and is therefore subject to only limited review by the Tribunal. In general the Tribunal will not interfere with the decision unless [...]."
Keywords:
discretion; judicial review; promotion;
Judgment 262
35th Session, 1975
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 263, consideration 2.
Keywords:
discretion; flaw; judicial review; promotion; provision; staff regulations and rules;
Consideration 3
Extract:
The Director-General informed the staff of the criteria for promotion applicable in 1974. One of these criteria refers to officials who reached a specific step "not later than" 1974. The other material criterion merely refers to those who by 1974 had a certain seniority at another step. "Whether intentional or not, the difference between the two texts does not necessarily mean that the solutions should be different. The solution should nevertheless be based on objective reasons."
Keywords:
consequence; criteria; difference; promotion; provision;
Consideration 4
Extract:
"[T]he complainant is justified in contending that [two criteria respecting promotion] of the Director-General's circular to the staff are applicable. He is therefore as a matter of course entitled to rely on the provision which is more favourable to him. [T]he former provision is [...] more favourable to the complainant than the latter, which the Director-General was wrong in taking as the basis for his decision. The impugned decision should therefore be reviewed."
Keywords:
administrative instruction; criteria; difference; equal treatment; promotion; provision; right;
Consideration 1
Extract:
Vide Judgment 263, consideration 2.
Keywords:
discretion; judicial review; promotion;
Judgment 257
34th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The two categories have separate salary scales and are subject to different systems of calculation for variations and adjustments to meet cost of living increases and so forth. The problems stem from the fact that there is no inter-relationship between the two systems with the consequence that, unless special provision is made, promotion could leave the staff member promoted financially worse off."
Keywords:
adjustment; consequence; difference; general service category; professional category; promotion; salary; scale;
Considerations 4-5
Extract:
"After the complainant's promotion the changes which occurred in salary scales and adjustments in the general service category were more beneficial to the staff than those which occurred in the professional category. [...] The consequence is that her annual pension is now [...] less than it would have been if she had not accepted promotion." The complainant ought not to have to suffer from her promotion.
Keywords:
amendment to the rules; consequence; general service category; pension; professional category; promotion; reduction of salary; salary; scale;
Consideration 5
Extract:
The material rule "leaves the solution to special arrangements to be made for maintaining the pensionable remuneration at its previous level [when promotion results in a reduction]. If the word 'on' is construed as meaning 'on or after' and the phrase 'at its previous level' is construed as meaning 'at the level at which it would otherwise have been', the word 'maintaining' can be given its full effect [...] Having regard to the manifest object of the rule, the Tribunal does not consider that this reading of it puts a strain upon the language which it cannot bear."
Keywords:
compensatory measure; consequence; interpretation; pension; pensionable remuneration; promotion; provision; reduction of salary; staff regulations and rules;
Judgment 238
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"An internal competition, of which the main purpose is to promote existing staff members, normally entails taking into consideration all the information available to the organisation concerning them, and in particular information which allows of appraising the professional experience of the candidates."
Keywords:
appointment; competition; discretion; elements; internal competition; professional experience; promotion; purpose;
Judgment 233
32nd Session, 1974
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Tribunal holds that transfers from the general services category to the professional category constitute a "promotion". Such promotions are provided for by the Regulations and are actually made. "[S]ince they are not governed by any special rule, [the general] rule [on promotions] must apply."
Keywords:
enforcement; general service category; no provision; professional category; promotion; provision; staff regulations and rules;
Considerations
Extract:
The purpose of PAHO Staff Rule 220.2 on promotions is to increment salaries. "Thus the fixing of the step must be construed as only the means by which the true object of the rule is to be secured. The means are the servant of the end not its master; the failure of the means prescribed cannot be allowed to defeat the object; the object must be achieved in some other appropriate way."
Reference(s)
Organization rules reference: PAHO STAFF RULE 220.2
Keywords:
criteria; increase; interpretation; promotion; provision; purpose; salary;
Considerations
Extract:
The purpose of the applicable provision is to ensure that on promotion to a higher grade the staff member receives an increase in salary of a certain amount. "The minimum is fixed as the amount he or she would have received if the promotion, instead of being to a higher grade, had been to the next highest step in the old grade. The language of the rule assumes that there will be a step in the new grade which will carry with it a salary high enough for this purpose."
Keywords:
consequence; grade; increase; promotion; right; salary; step;
Judgment 228
32nd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
After working under a P.5 contract, the complainant accepted a P.4 mission on condition that his post would be upgraded to P.5. The organization had clearly informed him that the upgrading of his post would depend on the results of an administrative procedure; "it could not promise and had in fact never promised any positive outcome"; it "kept the complainant informed of the steps taken under the procedure and of developments. [The complainant] cannot therefore properly contend that the organization showed bad faith towards him."
Keywords:
acceptance; amendment to the rules; condition; contract; downgrading; good faith; grade; offer; post classification; promise; promotion;
Judgment 199
30th Session, 1973
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is clear that the organization has acted strictly in accordance with the regulations as they were on [...] the date when the complainant was promoted [...] It is clear also that it would have been for the personal benefit of the complainant if the promotion had been delayed until after the change in the regulations had taken effect" [one month later]. The Tribunal can see no grounds for interfering with the impugned decision.
Keywords:
amendment to the rules; date; effective date; enforcement; non-retroactivity; promotion; provision; staff regulations and rules;
Judgment 178
26th Session, 1971
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant maintains that she accepted the post only on the promise that it would shortly be graded G.6 and that the job description was marked "proposed G.6". But the complainant, who relies on mere promises or proposals, cannot claim any right to have her post regraded G.6. in the course of the general review of the grading of posts to align the organisation's classifications with those of the United Nations, the Secretary-General was "not bound by any prior legal obligation towards the complainant."
Keywords:
good faith; grade; organisation's duties; post classification; post description; promise; promotion; terms of appointment;
Judgment 30
6th Session, 1957
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"There can be no acquired rights as regards the relative position of an official within the administrative hierarchy, nor any right to promotion, the latter being within the exclusive authority of the official's superiors".
Keywords:
acquired right; discretion; promotion; right; staff regulations and rules; supervisor;
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