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Grade (262,-666)
You searched for:
Keywords: Grade
Total judgments found: 81
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Judgment 4712
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his transposition into a new job group pursuant to the introduction of a new career system.
Judgment keywords
Keywords:
complaint dismissed; grade;
Judgment 4640
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges a series of management acts regarding his administrative status.
Judgment keywords
Keywords:
complaint dismissed; grade; post classification;
Judgment 4273
130th Session, 2020
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge their classification in the new career structure established following the 2015 five-yearly review.
Consideration 10
Extract:
[A]n organisation is entitled to introduce a career system unlike that in any other organisation so that it can meet its own unique requirements. It is thus difficult to see how a comparison could be undertaken.
Keywords:
grade;
Consideration 6
Extract:
According to the Tribunal’s case law, an organisation has broad discretion when altering salary structures and grading systems (see Judgments 2778, under 7, 3921, under 11, and 4134, under 26 and 49) and classifying officials individually (see, for example, Judgment 1495, under 14). Decisions on such matters are therefore subject to only limited review by the Tribunal, which will censure them only if they have been taken in breach of a rule of form or procedure, if they are based on an error of fact or law, if some essential fact was overlooked, if clearly mistaken conclusions were drawn from the evidence or if there was misuse of authority.
Reference(s)
ILOAT Judgment(s): 1495, 2778, 3921, 4134
Keywords:
discretion; grade; judicial review; salary;
Judgment 4113
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to promote him and contends that the EPO breached its duty to treat him with dignity.
Judgment keywords
Keywords:
complaint dismissed; grade; promotion;
Judgment 4102
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the ILO’s failure to take a final decision on her job grading appeal and the failure to grant her a contract without limit of time.
Judgment keywords
Keywords:
complaint allowed; duration of appointment; grade; post classification; titularization;
Judgment 4086
127th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to maintain her contested job description.
Considerations 10-11
Extract:
The Tribunal’s case law has it that when a staff member of an international organization is transferred to a new post in non-disciplinary circumstances, that transfer is subject to the general principles governing all decisions affecting the staff member’s status. The organization must show due regard, in both form and substance, for the dignity of the staff member, particularly by providing her or him with work of the same level as that which she or he performed in her or his previous post and matching her or his qualifications (see, for example, Judgment 2229, under 3(a)). This requirement is consistent with Staff Regulation 4.3(c) [...].
The responsibilities that attach to posts are comparable where on an objective basis the level of the duties to be performed is similar (see, for example, Judgment 1343, under 9). It is not for the Tribunal to reclassify a post or to redefine the duties attaching thereto, as that exercise falls within the discretion of the executive head of the organization, 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 (see, for example, Judgment 2373, under 7). However, every employee has the right to a proper administrative position, which means that she or he should both hold a post and perform the duties pertaining thereto and should be given real work (see, for example, Judgment 2360, under 11).
Reference(s)
ILOAT Judgment(s): 1343, 2229, 2360, 2373
Keywords:
assignment; discretion; general principle; grade; judicial review; organisation's duties; post classification; post description; post held by the complainant; reclassification; respect for dignity; transfer;
Judgment 4030
126th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to maintain her position at the same grade.
Judgment keywords
Keywords:
complaint dismissed; grade;
Judgment 3726
123rd Session, 2017
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss her claim for compensation on account of labour exploitation and compulsory labour.
Consideration 20
Extract:
[The Tribunal] can grant damages if it is not disputed that the complainant performed work beyond her current grade (see, for example, Judgment 3284, considerations 14 and 17). The Tribunal therefore determines that the complainant is entitled to material damages for the tasks that she performed above her G.5 grade, and that she is entitled to moral damages for the prejudice that she suffered by IOM’s breach.
Reference(s)
ILOAT Judgment(s): 3284
Keywords:
grade; material damages; moral injury; order; post classification; reclassification; retroactivity;
Judgment 3493
120th Session, 2015
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant takes issue with the fact that his remuneration is lower than that received by a colleague in a lower grade.
Judgment keywords
Keywords:
complaint dismissed; equal treatment; grade; salary;
Judgment 3492
120th Session, 2015
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant takes issue with the fact that her remuneration is lower than that received by a colleague in a lower grade.
Judgment keywords
Keywords:
complaint dismissed; equal treatment; grade; salary;
Judgment 3418
119th Session, 2015
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal recognized the moral injury caused to the complainant and determined the amount of compensation.
Judgment keywords
Keywords:
complaint allowed; grade; post classification;
Judgment 3290
116th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Following the abolition of the complainant's post for lack of financial resources, the reassignment process was organized but was ultimately unsuccessful in finding the complainant another post.
Consideration 30
Extract:
"[W]ith respect to the reassignment process itself, as part of its obligation to make reasonable efforts to find a suitable post for the complainant, [the organisation] ought to have enquired whether the complainant was willing to accept a post at a lower grade than the one he held (see Judgment 2830, under 9)."
Reference(s)
ILOAT Judgment(s): 2830
Keywords:
grade; organisation's duties; post held by the complainant; reassignment;
Judgment keywords
Keywords:
abolition of post; complaint allowed; delay; fixed-term; grade; organisation's duties; reassignment; respect for dignity; termination of employment;
Judgment 3262
116th Session, 2014
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who applied for the position of Legal Advisor, was offered the post, but at a grade lower than that at which it was advertised.
Judgment keywords
Keywords:
acceptance; appointment; candidate; compensation; contract; grade; moral injury; offer; offer withdrawn; post; respect for dignity;
Judgment 3189
114th Session, 2013
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants unsuccessfully challenge their placement in the new grade structure following the entry into force of the administrative reform at Eurocontrol.
Judgment keywords
Keywords:
complaint dismissed; grade; reorganisation;
Judgment 2931
109th Session, 2010
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"[I]t was an affront to her dignity and a breach of the principle of equal pay for work of equal value to expect the complainant to work at a post that was graded below the level of the duties actually being performed. For this, she is entitled to moral damages [...]."
Keywords:
compensation; equal treatment; grade; moral injury; post; post classification; post description; respect for dignity;
Judgment 2904
108th Session, 2010
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The first substantive argument raised by the complainant regards the failure by the human resources specialist to consider the revised post description that was submitted to the Human Resources Management Division in 2002. In the Tribunal's view, as the revised post description had not been properly reviewed and accepted by the relevant division in accordance with the applicable rules (specifically Manual paragraph 280.333), the specialist was correct to disregard it while conducting the desk audit, referring instead to the post description on file."
Reference(s)
ILOAT Judgment(s): 1874
Keywords:
grade; post classification; post description; post held by the complainant; staff regulations and rules;
Judgment 2859
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Regarding the allegation of unequal treatment between external and internal candidates, the Tribunal notes that as the situation of the former is different to that of the latter in fact and in law, there is no ground for that allegation."
Keywords:
candidate; equal treatment; grade; internal candidate; promotion;
Judgment 2856
107th Session, 2009
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15-16
Extract:
"In its submissions the Organization details the comprehensive training strategy that was established to enable the complainant to strengthen his skills. [T]hat strategy included participation in a number of courses and a half-time secondment to the IRIS project to allow the complainant exposure to the new system."
"The Tribunal concludes that, in the circumstances, the Organization did its utmost to respect the complainant's dignity and good name and not to cause him any harm. Despite the fact that the complainant did not possess the requisite skills, the grade P.3 position was designated at grade P.4 and his personal grade was not altered."
Keywords:
decision; grade; organisation's duties; post held by the complainant; qualifications; reassignment; respect for dignity; status of complainant; training; transfer;
Judgment 2851
107th Session, 2009
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The Tribunal points out that post classification cannot be confused with performance review. It is uncontested that the complainant's performance was considered highly by her supervisors but that does not have any relevance to the assessment of her post for the purposes of grade classification."
Keywords:
grade; performance report; post classification; request by a party;
Judgment 2833
107th Session, 2009
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
In March 2006 the complainant, who had been assigned to Zimbabwe since 1996, applied for a transfer, in the same grade, to ILO headquarters in Geneva to occupy the advertised post of Senior Procurement Officer. His candidature was rejected because he failed to meet three of the core requirements listed in the vacancy notice. Circular No. 658, series 6, states that the Office should ensure, in particular, that 'priority for mobility is given to staff members who have completed their tours of duty', i.e. their assignment in a particular duty station.
"It is not disputed that the complainant can avail himself of the mobility rules to return, as and when appropriate, to the Organization's headquarters. But that does not, of course, mean that he has a right to return to headquarters to take up a particular post without it being determined beforehand that the post to which he aspires corresponds to his skills."
Reference(s)
Organization rules reference: Circular No. 658, series 6
Keywords:
administrative instruction; competition; condition; criteria; duty station; field; grade; grounds; headquarters; organisation's duties; period; post; priority; qualifications; reassignment; refusal; request for transfer; right; vacancy notice; written rule;
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