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Qualifications (311, 312, 313, 314, 661,-666)
You searched for:
Keywords: Qualifications
Total judgments found: 95
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Judgment 4589
135th Session, 2023
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the recruitment process for the position of Staff Council Coordinator and her non-selection for that position.
Consideration 8
Extract:
Under the Tribunal’s case law, the absence of a desired qualification does not disqualify a candidate from being selected to fill a post (see, for example, Judgment 4467, consideration 13).
Reference(s)
ILOAT Judgment(s): 4467
Keywords:
qualifications; selection procedure;
Judgment 4524
134th Session, 2022
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to appoint, as a development reassignment, Ms V.M. to the post of Client Relationship Manager.
Consideration 10
Extract:
[I]t is recalled that according to the case law, an international organisation which decides to hold a competition in order to fill a post cannot select a candidate who does not satisfy one of the required qualifications specified in the vacancy notice. Such conduct, which is tantamount to modifying the criteria for appointment to the post during the selection process, incurs the Tribunal’s censure on two counts. Firstly, it violates the principle of tu patere legem quam ipse fecisti, which forbids the Administration to ignore the rules it has itself defined. In this respect, a modification of the applicable criteria during the selection procedure more generally undermines the requirements of mutual trust and fairness which international organisations have a duty to observe in their relations with their staff. Secondly, the appointment body’s alteration, after the procedure had begun, of the qualifications which were initially required in order to obtain the post, introduces a serious flaw into the selection process with respect to the principle of equal opportunity among candidates. Irrespective of the reasons for such action, it inevitably erodes the safeguards of objectivity and transparency which must be provided in order to comply with this essential principle, breach of which vitiates any appointment based on a competition (see Judgment 3073, consideration 4).
Reference(s)
ILOAT Judgment(s): 3073
Keywords:
criteria; patere legem; qualifications; selection procedure;
Judgment 3437
119th Session, 2015
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns the decision to terminate his contract following the CTA restructuring.
Consideration 9
Extract:
"By [...] commissioning an extraneous body to undertake a task which entailed interfering in the assessment of staff members’ suitability for the available positions, whereas the Staff Regulations made no provision for this, the Centre established an assessment system parallel to that which existed officially and which, moreover, did not offer staff members the safeguards inherent in the official system."
Keywords:
performance evaluation; qualifications;
Judgment 3372
118th Session, 2014
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismissed the complaint seeking the cancellation of a competition and the appointment resulting from it.
Consideration 19
Extract:
"According to the case law of the Tribunal, an international organisation must observe the essential rule in every selection procedure, which is that the person appointed must possess the minimum qualifications specified in the vacancy notice."
Keywords:
competition; qualifications;
Judgment 2938
109th Session, 2010
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal has determined that a staff member on leave on personal grounds is ipso facto no longer performing the duties of his former post and that, although during this leave he continues to be an official, the rights arising from the performance of his duties - remuneration, promotion, guarantee of employment, etc. - are suspended until he is reinstated. In the interests of the service the Agency may therefore use the vacant post (see Judgment 416, under 2). At the end of leave on personal grounds the employer nonetheless has a duty to reinstate the official provided that the two cumulative conditions laid down by [...] Article 40 [of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre] are met: firstly, there must be a vacant post and, secondly, the staff member must be qualified for it (see Judgment 2034, under 11). This duty must be fulfilled promptly and with due regard for the dignity of the staff member concerned and the principle of good faith."
Reference(s)
Organization rules reference: Article 40 of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre
ILOAT Judgment(s): 416, 2034
Keywords:
accumulation; assignment; compassionate leave; condition; consequence; general principle; good faith; organisation's duties; organisation's interest; period; post held by the complainant; promotion; qualifications; reinstatement; respect for dignity; right; safeguard; salary; security of tenure; special leave; staff regulations and rules; status of complainant; vacancy;
Judgment 2856
107th Session, 2009
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11 and 13
Extract:
"At the outset, the complainant's grievance was in relation to his appointment, as a result of restructuring, to [a] position [...] at grade P.3. Although the complainant has advanced a number of arguments in support of his complaint, at this juncture, he holds a post at grade P.4 and throughout the material time he has retained his personal P.4 grade. [T]he central issue is whether there is merit to the complainant's contention that he should have been placed in a «genuine P.4 position»."
"The fundamental flaw in the complainant's position is that he has not adduced any evidence that he had the specific knowledge and skills required to function in a «genuine P.4 position» within the Organization¿s new Oracle-based system. [...] As well, not only has he not adduced any evidence to show that he has the requisite knowledge and skills to work in an Oracle-based system, the evidence shows that he had difficulty performing a number of tasks attributed to his new position."
Keywords:
abolition of post; evidence; lack of evidence; qualifications; reassignment; reorganisation; status of complainant;
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 2835
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"[T]here is nothing inherently wrong with the promotion of a candidate having less seniority where specific skills are required for a position."
Keywords:
candidate; criteria; equal treatment; promotion; qualifications; seniority;
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;
Judgment 2830
107th Session, 2009
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant's appointment was terminated following a reorganisation.
"The Tribunal finds that the Organization has not shown that it actually did its utmost to find a post matching the complainant's qualifications. Furthermore, before simply terminating his appointment, the Organization ought to have ascertained whether he was prepared to accept a post at a lower grade to that which he had previously held (see Judgment 1782, under 11). It was not up to the complainant to prove that he was able to remain in the Organization's service in some capacity; it was up to the Organization to prove the contrary."
Reference(s)
ILOAT Judgment(s): 1782
Keywords:
burden of proof; condition; grade; lack of evidence; organisation's duties; post; qualifications; reassignment; reorganisation; termination of employment;
Judgment 2809
106th Session, 2009
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant impugns the decision not to award him an indefinite contract for one of the long-term jobs offered to other candidates who had been found better qualified.
"The Tribunal has consistently held that a good performance record does not in itself justify selecting one candidate rather than another for a promotion or for the award of a post. The opinion of the author of an annual appraisal cannot be substituted for the conclusions of a selection board which, in this case, comprised representatives of the department head concerned, two human resources coordinators and two experts from another department, and which was responsible for selecting the candidates who had to be ranked as the best for the award of an indefinite contract [...]."
Reference(s)
ILOAT Judgment(s): 2040
Keywords:
appointment; competition; decision; performance report; promotion; qualifications; rating; selection board;
Judgment 2788
106th Session, 2009
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[The] purpose [of probation] is to provide an organisation with an opportunity to assess an individual's suitability for a position. In the course of making this assessment, an organisation must establish clear objectives against which performance will be assessed, provide the necessary guidance for the performance of the duties, identify in a timely fashion the unsatisfactory aspects of the performance so that remedial steps may be taken, and give a specific warning that the continued employment is in jeopardy (see Judgment 2529, under 15)."
Reference(s)
ILOAT Judgment(s): 2529
Keywords:
candidate; criteria; definition; fitness for international civil service; organisation; organisation's duties; post; probationary period; purpose; qualifications; refusal; unsatisfactory service; warning; work appraisal;
Judgment 2745
105th Session, 2008
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"It was said in Judgment 2524 that, although harassment and mobbing do not require bad faith or prejudice or other malicious intent, 'behaviour will not be characterised as harassment or mobbing if there is a reasonable explanation for the conduct in question'. Thus, it was said in Judgment 2370 that conduct that 'had a valid managerial purpose or was the result of honest mistake, or even mere inefficiency' would not constitute harassment. However and as pointed out in Judgment 2524, 'an explanation which is prima facie reasonable may be rejected if there is evidence of ill will or prejudice or if the behaviour in question is disproportionate to the matter which is said to have prompted the course taken'."
Reference(s)
ILOAT Judgment(s): 2370, 2524
Keywords:
bias; condition; conduct; consequence; definition; evidence; good faith; grounds; intention of parties; judgment of the tribunal; mistake of fact; organisation's duties; proportionality; qualifications; respect for dignity;
Judgment 2712
104th Session, 2008
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The Organization appointed a candidate who did not meet one of the conditions stipulated in the vacancy announcement. "[T]he fact that the appointment of the successful candidate, who happens to be Lebanese, conveniently enabled WIPO to achieve some of its management goals, such as that of increasing the proportion of women in senior management positions or that of the geographical distribution of its officials [...] is [...] irrelevant in this case. However legitimate these goals may be, they could not override the Organization's obligation to appoint to the post in question a candidate who possessed the required qualifications and experience initially stipulated. Geographical origin could be taken into consideration only if the opposing candidates were of equal merit."
Keywords:
appointment; candidate; competition; criteria; geographical distribution; increase; nationality; organisation; organisation's duties; place of origin; post; professional experience; purpose; qualifications; vacancy notice;
Judgment 2706
104th Session, 2008
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant, who was sexually harassed by her supervisor, wants the Tribunal to order that she be promoted. "[T]he Organization is of course right in saying that the compensation for her injuries should not take the form of being granted a higher grade. The advancement of an official naturally obeys its own logic related to the classification of the job done and the professional merit of the person in question, which has nothing to do with the logic behind compensation for injuries which may have been caused to this person by the international organisation employing him or her."
Keywords:
allowance; compensation; definition; difference; harassment; injury; organisation; organisation's duties; post classification; promotion; qualifications; request by a party; respect for dignity; sex discrimination; supervisor;
Judgment 2647
103rd Session, 2007
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
An external candidate was appointed to the post the complainant had applied for. The complainant contends that, contrary to the Staff Regulations, the applications of candidates already in the Organization's service were not given priority of consideration over those of external candidates. "It is convenient to recall that the Tribunal held in Judgment 107, under 1, that:
'although the Organization is bound to have full regard to the qualifications and experience of persons already in its service, this does not mean that it must necessarily always appoint them in preference to outside applicants. If this privilege were automatically to be granted to the serving staff, the Organization might be led to take decisions contrary to its own interests, a situation which was certainly not intended by those who drafted the Staff Regulations. The position is that persons already in the service of the Organization have priority only if their qualifications appear to be at least equal to those of other candidates.'
Those principles were duly taken into account in the selection process, which was carefully and correctly conducted by the Organization, and while the qualifications and experience of the complainant are to be noted, they do not automatically give her a right of precedence over other candidates for the advertised post."
Reference(s)
ILOAT Judgment(s): 107
Keywords:
appointment; candidate; competition; condition; decision; general principle; internal candidate; organisation's duties; organisation's interest; post; priority; procedure before the tribunal; professional experience; provision; purpose; qualifications; staff regulations and rules;
Judgment 2646
103rd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"[T]he Tribunal recalls that the reason for probation is to enable an organisation to assess the probationer's suitability for a position. For this reason, it has recognised that a high degree of deference ought to be accorded to an organisation's exercise of its discretion regarding decisions concerning probationary matters including the confirmation of appointment, the extensions of a probationary term, and the identification of its own interests and requirements."
Keywords:
decision; definition; discretion; extension of contract; judicial review; limits; organisation; organisation's interest; post; probationary period; purpose; qualifications;
Judgment 2635
103rd Session, 2007
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"It is [...] well established in the case law that the preservation of harmony and good relations in a working environment are legitimate interests. A decision to transfer a staff member will not be invalid if taken for that purpose. Accordingly, in the present case, even if the decision to transfer the complainant was motivated by a desire to resolve relational difficulties, provided the new position accorded reasonably with her qualifications and respected her dignity, there would be no basis on which to interfere with the decision."
Keywords:
decision; discretion; grounds; organisation's duties; organisation's interest; purpose; qualifications; respect for dignity; staff member's interest; transfer; working conditions; working relations;
Consideration 6
Extract:
"While the head of an organisation must take into account the organisation's interests and the staff member's abilities and interests in the exercise of the discretion to transfer a staff member, in cases where the two are at odds, greater weight may be accorded by the decision-maker to the interests of the organisation (see Judgment 883)."
Reference(s)
ILOAT Judgment(s): 883
Keywords:
difference; discretion; executive head; organisation; organisation's interest; qualifications; staff member's interest; transfer;
Judgment 2553
101st Session, 2006
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
Harassment is described in IAEA staff notice SEC/NOT/1922 as follows:
"Harassment is any conduct or comment made by a staff member or group of staff members on either a one-time or continuous basis that demeans, belittles or causes personal humiliation. It can take many different forms, including, for example: threatening comments, whether oral or written, or threatening physical behaviour; intimidation, blackmail or coercion; making deliberate insults related to a person's personal or professional competence; humiliating, degrading or making offensive or abusive personal remarks to someone; undermining or isolating people; or making it impossible for staff to do their job by, for example, withholding information."
"This is a very broad definition, no doubt designedly so. It requires reasonable interpretation and application to the circumstances of each particular case. It contains both subjective and objective elements: did the alleged victim actually feel humiliated, offended or intimidated by the impugned conduct, and was such conduct, viewed objectively, of a nature reasonably to humiliate, offend or intimidate? Where the impugned conduct consists of words, although truth will not always constitute a complete defence, an inquiry as to whether such words may or may not reasonably be true is obviously relevant. Likewise, an inquiry as to whether the speaker's words can reasonably be seen as a reference to the performance of duties and are not merely gratuitous comments will be germane. Personal characteristics such as gender, race and ethnicity as well as the reasonableness of the sensitivities of the alleged victim, must also be weighed in considering both questions. Similarly, any previous history of relations between the alleged victim and the alleged offender may be relevant and, while a single injurious action may by itself be enough to constitute harassment, an otherwise apparently inoffensive comment may, with repetition, become a legitimate source of grievance.
In the final analysis, the question as to whether any particular act or series of acts amounts to harassment is one of fact to be answered only after careful consideration of the above factors and an examination of all the surrounding circumstances."
Reference(s)
Organization rules reference: IAEA staff notice SEC/NOT/1922
Keywords:
breach; conduct; continuing breach; criteria; definition; difference; harassment; information note; interpretation; judicial review; moral injury; official; organisation's duties; purpose; qualifications; respect for dignity; sex discrimination; working relations; written rule;
Judgment 2468
99th Session, 2005
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 18-19
Extract:
The complainant's appointment was terminated. "It may be concluded from all the circumstances of the case that, even though the complainant's conduct towards his supervisor was not what might be expected of an international civil servant and would probably have justified preventive action on the part of the Organization, the reasons given to establish that the complainant's abilities and performance were unsatisfactory did not suffice to justify terminating his appointment for unsatisfactory services.
The complainant's [...] claim for retroactive reinstatement, with all legal consequences, within the Organization's staff [is well founded]."
Keywords:
complainant; conduct; consequence; insubordination; official; organisation's duties; qualifications; reinstatement; right; supervisor; termination of employment; unsatisfactory service; working relations;
Judgment 2396
98th Session, 2005
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Any administrative or disciplinary body of an organisation which consults a third party to obtain information concerning the professional behaviour of one of its staff members must naturally avoid impairing the latter's dignity and reputation. In the first place, it absolutely must ensure that the presumption of his innocence is maintained, and if its action is such as to breach the presumption of innocence or the fundamental rights of the staff member, making that action confidential is of no avail."
Keywords:
breach; communication to third party; confidential evidence; disciplinary procedure; executive body; moral injury; official; organisation's duties; presumption of innocence; qualifications; respect for dignity; right;
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