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Appointment (293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 310, 311, 312, 313, 314, 661, 660, 686,-666)

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Keywords: Appointment
Total judgments found: 213

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  • Judgment 1733


    84th Session, 1998
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 16-17

    Extract:

    "In the performance of their duties the Director General and staff may not seek or receive instructions from any source external to the Agency. For the Director General to allow a member State a veto on the appointment of a staff member is to 'receive instructions' from an external source and an interference with the paramount consideration of securing staff of the right calibre. Paragraph 68 of the Administrative Manual and the sentence 'accordingly government sponsorship will be required' [...] are null and void as being contrary to [...] the Statute."

    Reference(s)

    Organization rules reference: PARAGRAPH 68 OF THE IAEA MANUAL

    Keywords:

    appointment; independence; member state; organisation's duties; staff regulations and rules;



  • Judgment 1730


    84th Session, 1998
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "Like any other organisation in the United Nations system, the FAO has a duty to ensure that its staff attain the highest standards of efficiency and technical competence. The arrangements made with the Chinese government up to 1992 prevented the Organization from exercising its own discretion about the level of competence of Chinese recruits. The fact that the arrangements have ceased is to be welcomed and any surviving anomalies should be corrected, not perpetuated."

    Keywords:

    appointment; discretion; flaw; independence; organisation; procedure before the tribunal;



  • Judgment 1706


    84th Session, 1998
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The complainant, placed on special leave without pay following an 'agreed termination' was a candidate in an internal competition. The Organization maintains that she was no longer a staff member at the moment of recruitment. "The Tribunal [...] holds that the 'agreed termination' did not in any way restrict her rights under the Staff Rules, while she remained a staff member, to preference over an outside male candidate in any future competition where qualifications were equal."

    Keywords:

    agreed termination; appointment; candidate; competition; internal candidate; priority; right; sex discrimination; special leave; staff regulations and rules; unpaid leave;



  • Judgment 1666


    83rd Session, 1997
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6(c)

    Extract:

    It may not be inferred from Short-Term Rule 3.5 and from the extension of his appointment that the complainant was entitled to the retroactive grant of non-local status. "The effect of the Rule is to bestow retroactively on a short-term official benefits granted to the holder of a fixed-term appointment. If, like the complainant, he belongs to the professional category the place of recruitment will have no bearing on the terms of his appointment. So neither does it have any bearing on entitlements granted retroactively."

    Reference(s)

    Organization rules reference: ILO SHORT-TERM STAFF RULE 3.5

    Keywords:

    appointment; contract; duty station; local status; non-local status; professional category; short-term; staff regulations and rules; terms of appointment;



  • Judgment 1646


    83rd Session, 1997
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6 and 10

    Extract:

    "When an organisation chooses to hold a competition it must abide by its written rules and by the general principles set forth in the case law, particularly insofar as they govern the formal side of the process. [...] As the Appeal Board gathered from the personal records of the candidates on the preselection panel's list, [the successful candidate] had neither the university degree nor the experience that the notice required."

    Keywords:

    applicable law; appointment; candidate; case law; competition; criteria; degree; due process; international civil service principles; organisation's duties; patere legem; procedure before the tribunal; professional experience; selection procedure; staff regulations and rules; vacancy notice;

    Consideration 11

    Extract:

    "The defendant contends on the strength of the complainant's personal file and his supervisors' reports on his conduct and performance that he was not up to the job anyway. That is neither here nor there. The Union has neglected the cardinal rule of any process of selection: the chosen candidate must have at least the qualifications stipulated in the notice."

    Keywords:

    appointment; candidate; competition; criteria; due process; organisation's duties; personal file; procedure before the tribunal; qualifications; vacancy notice;



  • Judgment 1595


    82nd Session, 1997
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "Though the qualifications stated in a notice of vacancy are not absolutely binding and the Director General may still exercise some discretion, he may not so utterly discard them as to flout the rules that ensure the proper openness and objectivity of the competition."

    Keywords:

    appointment; competition; criteria; discretion; executive head; flaw; limits; vacancy notice;

    Consideration 4

    Extract:

    The Tribunal "may not replace the Organisation's assessment of the applicants with its own and order any particular appointment. So the complaint is irreceivable insofar as the complainant is claiming reinstatement in her former duties and permanent appointment to the post."

    Keywords:

    appointment; claim; competence of tribunal; discretion; judicial review; receivability of the complaint;



  • Judgment 1590


    82nd Session, 1997
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The complainant contends that what the impugned decision entailed was really transfer and a change of post. He is mistaken. The duties of a post are determined by the description of it in the letter of appointment and by any later changes: see Judgments 1103, under 3 and 4, and 1146, under 4 and 7."

    Reference(s)

    ILOAT Judgment(s): 1103, 1146

    Keywords:

    amendment to the rules; appointment; case law; decision; post; post description; transfer;

    Consideration 5

    Extract:

    The complainant says that the parties' clear intent was to put him on a post of terminologist. He is wrong. "He must have realised that the Organisation creates a post by express decision, and that he himself was put on a translator's post even though he was set, at least to begin with, to work on terminology. The post description made it plain that the Organisation might give him other duties without changing his post."

    Keywords:

    appointment; assignment; decision; intention of parties; post; post description;



  • Judgment 1556


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Like appointment and promotion, transfer is at the discretion of the executive head of the international organisation and subject to only limited review. The Tribunal may interfere only if the decision was taken ultra vires or shows formal or procedural flaw or mistake of fact or law, or if some material fact was overlooked, or if there was misuse of authority or an obviously wrong inference from the evidence. And the Tribunal will be especially wary in reviewing a transfer since it may not replace the employer's rating of the official with its own."

    Keywords:

    appointment; decision; discretion; executive head; judicial review; limits; promotion; transfer;



  • Judgment 1549


    81st Session, 1996
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "When an organisation wants to fill a post by competition it must comply with the material rules and the general precepts of the case law."

    Keywords:

    appointment; case law; competition; due process; general principle; international civil service principles; organisation's duties; post; selection procedure; staff regulations and rules;

    Consideration 13

    Extract:

    "The purpose of competition is to let everyone who wants a post compete for it equally. So precedent demands scrupulous compliance with the rules announced beforehand: patere legem quam ipse fecisti."

    Reference(s)

    ILOAT Judgment(s): 107, 729, 1071, 1077, 1158, 1223, 1359

    Keywords:

    appointment; case law; competition; due process; equal treatment; organisation's duties; patere legem; selection procedure; staff regulations and rules; vacancy;

    Consideration 13

    Extract:

    "Although an organisation [may consider] late applicants, it must, whenever a competition is required or desired, announce a new deadline in the same way as it did the vacancy. It will then commit no breach of equality and the competition will be seen as fair."

    Keywords:

    appointment; candidate; competition; delay; due process; equal treatment; internal candidate; new time limit; organisation's duties; receivability of the complaint; selection procedure; time limit; vacancy; vacancy notice;

    Consideration 6

    Extract:

    "An official of an international organisation who applies for a vacancy is entitled to have his application considered and assessed according to the set procedure once the organisation admits it under the terms of the vacancy notice. It may not deny that an applicant has a cause of action after it has appointed someone else, especially if the applicant is challenging the appointment on the grounds of breach of his rights in failure to apply the proper procedure".

    Keywords:

    appointment; candidate; case law; cause of action; competition; due process; internal candidate; organisation's duties; receivability of the complaint; staff regulations and rules; vacancy; vacancy notice;

    Consideration 8

    Extract:

    "Whether [the complainant who is now retired] still has any interest in the quashing of someone else's appointment is moot; but he still has an interest in exposing a breach of due process which may warrant an award of damages: see Judgment 729 [...]."

    Reference(s)

    ILOAT Judgment(s): 729

    Keywords:

    appointment; candidate; cause of action; claim moot; compensation; competition; due process; flaw; internal candidate; post; procedural flaw; receivability of the complaint; retirement;

    Consideration 9

    Extract:

    "Any applicant [for employment], whatever his hopes of success, must be considered in good faith and in line with the basic rules of fair competition."

    Keywords:

    appointment; candidate; competition; due process; equal treatment; general principle; good faith; internal candidate; organisation's duties; vacancy;



  • Judgment 1527


    81st Session, 1996
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant is challenging the lawfulness of the appointment of another official, who was promoted without a competition to a post for which the complainant considered himself qualified. The Tribunal holds that the post should "have been properly advertised and a selection made by competition." Even though the other official "had been performing the duties for about a year on her own G.7 post of administrative assistant, she could have been appointed to the vacant post only after the prescribed procedure had been followed. the itu was not free to bypass the procedure by promoting her to P.3."

    Keywords:

    appointment; competition; flaw; procedural flaw; promotion; vacancy; vacancy notice;



  • Judgment 1526


    81st Session, 1996
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Good faith must govern relations between administration and official [...]. It requires each party to a contract to let the other have beforehand any material information on points that may reasonably be seen as decisive. Whether a post is of limited or unlimited duration need not be a matter of indifference to the candidate since the duration may affect stability of employment. The Tribunal is not satisfied, however, and indeed doubts that the want of information influenced the complainant one way or the other."

    Keywords:

    acceptance; appointment; duration of appointment; duty to inform; offer; organisation's duties; post; security of tenure;



  • Judgment 1509


    81st Session, 1996
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    When the complainant lodged a claim to reinstatement "he was neither a serving nor a former official of UNIDO, to which he was no more than an outside applicant for employment and whose decision was in fact a refusal to recruit him. That decision raises no question of non-observance of the terms of appointment of an official of UNIDO, or of its Staff Regulations. So again the Tribunal may not entertain the claim."

    Keywords:

    appointment; breach; candidate; competence of tribunal; competition; complainant; contract; external candidate; locus standi; official; refusal; reinstatement; staff regulations and rules; status of complainant;

    Consideration 11

    Extract:

    The complainant was assigned to a joint service of the United Nations and UNIDO at Vienna. The service was under UNIDO management. But "it was the United Nations that offered him both the appointments which he had while he was at Vienna, and it was to the United Nations that he addressed his acceptance of each offer, thereby concluding a contract of employment with the UN. Indeed that is why he addressed his letter of resignation to the Secretary-General of the UN. True, he addressed it to the Director-General of UNIDO as well, but that was merely in recognition of UNIDO's supervision of his work and did not mean that the un had ceased to be his employer. In sum, he was an official, not of UNIDO, but of the UN."

    Keywords:

    acceptance; appointment; complainant; contract; offer; official; organisation; resignation;



  • Judgment 1497


    80th Session, 1996
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The defendant argues that since [the selected candidate] was an internal candidate it was right anyway to give her priority in the process of selection. The plea fails. As the Tribunal held, for example, in Judgment 519 [...], priority is not due to an internal applicant who does not have the minimum qualifications."

    Reference(s)

    ILOAT Judgment(s): 519

    Keywords:

    appointment; case law; competition; condition; internal candidate; priority; qualifications;

    Consideration 7

    Extract:

    "The conclusion [of the Tribunal] is that in appointing [the successful applicant] the Organization broke the basic rule of any process of selection that the successful applicant must have all the minimum qualifications required in the notice of vacancy."

    Keywords:

    appointment; candidate; competition; condition; due process; qualifications; vacancy notice;



  • Judgment 1477


    80th Session, 1996
    International Training Centre of the International Labour Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "When [a selection] process proves flawed the Tribunal will quash any decisions it engendered and order resumption with due heed to the rules, albeit on the understanding that the organisation must shield the successful candidate from any injury that else may flow from the quashing of an appointment accepted in good faith."

    Reference(s)

    ILOAT Judgment(s): 1359

    Keywords:

    appointment; competition; competition cancelled; flaw; injury; procedural flaw; staff member's interest;

    Consideration 10

    Extract:

    "As the Tribunal held in Judgment 1359 [...], an organisation must be careful to abide by the rules on selection and appointment. When the process proves flawed the Tribunal will quash any decisions it engendered and order resumption with due heed to the rules".

    Reference(s)

    ILOAT Judgment(s): 1359

    Keywords:

    appointment; case law; competition; competition cancelled; consequence; due process; flaw; procedural flaw; subsidiary;



  • Judgment 1432


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "It is immaterial to the fact of recruitment that the decision to recruit her may have been taken ultra vires. [...] The organization must bear the consequences of any decision taken by someone it has itself appointed for the purpose".

    Keywords:

    appointment; contract; decision; decision-maker; lack of consent; liability; organisation; organisation's duties;

    Consideration 12

    Extract:

    It is immaterial to the fact of recruitment that the decision to recruit her [...] may not have followed the necessary formalities. [...] The lack of prior medical clearance for the new post does not amount to a fatal flaw in the mutual agreement between the WHO's agents and the complainant."

    Keywords:

    appointment; contract; lack of consent; medical examination;



  • Judgment 1422


    79th Session, 1995
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The Tribunal has ruled in Judgment 988 "that Regulation 4.9 allows the Secretary-General to promote someone even against the Appointment and Promotion Board's advice and is intended as a safeguard to ensure compliance with the rules on appointment and promotion. The intent is not to enable the Secretary-General to prefer a weaker candidate on compassionate or indeed any other grounds."

    Reference(s)

    Organization rules reference: ITU STAFF REGULATION 4.9
    ILOAT Judgment(s): 988

    Keywords:

    advisory body; advisory opinion; appointment; case law; discretion; due process; enforcement; executive head; interpretation; promotion; promotion board; safeguard; selection board; staff regulations and rules;



  • Judgment 1396


    78th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant objects to the grade she got when she took up her appointment. The Tribunal observes that the vacancy notice stated that the post could be filled at that grade. "She accepted the offer, before being actually appointed, both by her answer to [the organisation's offer] and by signing the letter of appointment. She thereby surrendered her right to challenge ex post facto any clause of the contract of service which she freely consented to and which was the prerequisite of her becoming a Eurocontrol official.

    Keywords:

    acceptance; appointment; competition; contract; grade; offer; vacancy notice;



  • Judgment 1390


    78th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    "To what extent must an administration substantiate its decisions? The answer is that it depends on the sort of decision that is to be substantiated. In the present case a distinction must be drawn between the rejection of an external application, particularly where a competition has attracted many candidates, and the rejection of an application by a serving official. In the latter case the organisation has a duty to maintain the relations of trust it has with the staff member, and although it must remain free to choose how it will notify the reasons to him it must be wary of damaging his career prospects."

    Keywords:

    appointment; candidate; competition; competition cancelled; discretion; duty to substantiate decision; internal candidate; organisation's duties; purport; refusal; staff member's interest;

    Consideration 27

    Extract:

    Article 15 of Annex 1 to the Eurocontrol Convention says that "the Agency shall be empowered to recruit personnel directly only if the contracting parties are unable to make qualified personnel available to it". The Tribunal holds that the provision "limits the organisation's freedom to recruit by giving priority to candidates prescribed by the contracting parties over 'outside' candidates, but it puts no restrictions on the organisation's freedom to assess the suitability of applicants, wherever they may come from, nor its right to give serving staff a reasonable opportunity of advancement provided that they are as well qualified as other candidates."

    Reference(s)

    Organization rules reference: ARTICLE 15 OF ANNEX 1 TO THE EUROCONTROL CONVENTION

    Keywords:

    appointment; candidate; career; competition; competition cancelled; discretion; equal treatment; internal candidate; international instrument; interpretation; legitimate expectation; member state; official; priority; promotion; qualifications;



  • Judgment 1382


    78th Session, 1995
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4-6

    Extract:

    The complainant was a locally recruited official in the general service category whose appointment was terminated after the paho abolished his post. He submits that the Organization ruled out the possibility of reassignment by limiting the geographical scope of a competition. The plea fails. WHO Manual paragraph II.9.290 confers no right on general service staff to reassignment on a post outside their duty station. Staff Rule 510.1 precludes reassignment of such staff outside their duty station unless there is mutual agreement and under Rule 1310.2 all posts in the general service category are subject to local recruitment.

    Reference(s)

    Organization rules reference: WHO MANUAL PARAGRAPH II.9.290; PAHO STAFF RULE 510.1; PAHO STAFF RULE 1310.2

    Keywords:

    appointment; duty station; general service category; interpretation; local status; reassignment; right; staff regulations and rules; written rule;



  • Judgment 1364


    77th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    In his first complaint the complainant is seeking "a retroactive benefit that would be at variance with the terms of his original appointment, to which he consented and which designated Varese as his home. The EPO is therefore right to refuse any change in that determination as to the past."

    Keywords:

    acceptance; amendment to the rules; appointment; decision; home; home leave; non-retroactivity; refusal; request by a party;

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