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Career (251, 252, 253, 968, 254, 255, 256, 257, 258, 259, 260, 261, 262, 264, 265, 266, 267, 268, 269, 270, 271, 945, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 666, 282, 283, 284, 285, 286, 287, 288, 289, 290,-666)

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Keywords: Career
Total judgments found: 56

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  • Judgment 1610


    82nd Session, 1997
    World Customs Organization (Customs Co-operation Council)
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    "Career prospects are not something that exist independently. If the refusal of renewal is lawful, so is the ending of the career."

    Keywords:

    career; contract; fixed-term; international civil service principles; legitimate expectation; non-renewal of contract; separation from service;



  • Judgment 1560


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

    Consideration 4

    Extract:

    "The complainant had a temporary appointment. The Staff Regulations and Rules distinguish such an appointment both from a permanent and a fixed-term one and from a traineeship and supernumerary employment. It differs in particular from a fixed-term appointment in that it is expected from the outset to be a fairly short stint, with no more than a few brief extensions, whereas the fixed-term appointment is commonly extended and may even afford the basis of a career in the Organization".

    Reference(s)

    Organization rules reference: UNESCO STAFF RULE 104.8
    ILOAT Judgment(s): 444, 1116

    Keywords:

    career; contract; definition; difference; duration of appointment; fixed-term; short-term; staff regulations and rules; successive contracts;



  • Judgment 1526


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

    Consideration 3

    Extract:

    "An organisation owes its staff a general duty of care, and must not cause them undue hardship. A case of non-renewal is no exception. The duty may entail avoidance or reduction of injury that termination may cause [...] at least when it was not a short-term appointment, when the record of service was long, and when the official had reasonable expectations of making a career in the organisation."

    Keywords:

    career; contract; duration of appointment; general principle; injury; legitimate expectation; moral injury; non-renewal of contract; official; organisation's duties; respect for dignity; short-term;



  • Judgment 1444


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

    Consideration 8

    Extract:

    Vide Judgment 1161, consideration 4.

    Reference(s)

    ILOAT Judgment(s): 1161

    Keywords:

    career; case law; discretion; executive head; extension of contract; probationary period; purpose; qualifications; separation from service; termination of employment;



  • Judgment 1416


    78th Session, 1995
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant charged the organization with breach of equal treatment when it assigned her to a new career path. The answer the Director-General gave her was ambiguous. "The Tribunal cannot therefore review the Director-General's reason for declining to put her on the same path as the other official, nor tell whether cern abided by the rules on fairness. Not having enough evidence to make a ruling, it will quash the impugned decision, though it will not order cern to put her on path iv as she asks."

    Keywords:

    assignment; career; equal treatment; equity; grounds; judicial review; promotion; refusal;



  • Judgment 1413


    78th Session, 1995
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "[The complainant's] claim to a higher grade is irreceivable. Even if her career did suffer delay she may not seek redress on that account in the context of the choice of career path; nor may she impugn any decision that she failed to challenge in time or object to her grading as administrative assistant."

    Keywords:

    assignment; career; complaint; delay; post classification; promotion; receivability of the complaint; right of appeal; time bar; time limit;



  • Judgment 1412


    78th Session, 1995
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant alleges that the procedure that led to his assignment on a career path was flawed inasmuch as the official who sign the decision, the Director-General, was also at the material time leader of the division that the complainant was working in. "It may be a pity that at two decisive stages in the procedure one and the same person was called upon to choose the complainant's career path; but the coincidence was due to a duplication of function which in itself was not wrong. Only if the Director-General's decision proved not to be impartial and objective would it be set aside."

    Keywords:

    assignment; bias; career; flaw; judicial review; procedure before the tribunal;

    Consideration 12

    Extract:

    The complainant may not, "in the context of a challenge to the choice of career path, object to earlier delays which he believes held up his advancement. Nor has he any grounds for saying that putting him on path V may 'discourage' him: CERN's evident purpose in making such ambitious reforms is to act in the general interest and try to ensure equal treatment for all its staff."

    Keywords:

    assignment; career; delay; equal treatment; organisation's interest; procedure before the tribunal; promotion; staff member's interest;



  • Judgment 1390


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

    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 1386


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 28

    Extract:

    The Tribunal "accepts that the premature dismissal caused him moral injury in relation not only to his family and private life but also to his career prospects. Those prospects suffered from the EPO's having gravely compromised his chances of finding other employment by putting in the documents concerning his dismissal, and in breach of his rights of defence, criticism which could not under the circumstances be reviewed. The complainant shall accordingly receive, over and above the redress which the present judgment in itself affords him, damages".

    Keywords:

    career; compensation; judgment of the tribunal; moral injury; professional injury; right to reply; termination of employment;



  • Judgment 1376


    77th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "The damage caused to the complainant's career and reputation is so grave that no form of redress short of reinstatement and the grant of a further contract of employment will suffice."

    Keywords:

    career; compensation; contract; injury; material injury; moral injury; reinstatement;



  • Judgment 1362


    77th Session, 1994
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "[S]ince the dispute arose out of the decision not to renew [the complainant's] two-year appointment, the organization is right as a matter of principle to refuse his claim to damages for loss of a full career. The two consecutive awards of one year's salary afford sufficient redress to someone who had a rightful expectation of renewal for no more than two years. His claims under this head fail."

    Keywords:

    amount; application for execution; career; compensation; contract; fixed-term; injury; legitimate expectation; non-renewal of contract;



  • Judgment 1354


    77th Session, 1994
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant objects to the career path on which CERN assigned him when it brought in a new system of advancement. He says CERN relied on his grade - 8 -, whereas it did not give a true indication of the quality of his work. "The plea is irreceivable since it amounts to challenging his promotion to grade 8, a decision he has never demurred at in an internal appeal and which has therefore become final."

    Keywords:

    assignment; career; decision; grade; internal appeal; promotion; receivability of the complaint; work appraisal;



  • Judgment 1323


    76th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    Vide Judgment 133.

    Reference(s)

    ILOAT Judgment(s): 133

    Keywords:

    candidate; career; internal candidate; legitimate expectation; organisation's interest; post; priority; professional experience; satisfactory service; seniority; staff member's interest;



  • Judgment 1229


    74th Session, 1993
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant impugns the implied rejection which he infers from the organisation's silence on an internal complaint he logded against its refusal to take account of university degrees which he acquired while in the organisation's employ. Eurocontrol submits that the complaint is irreceivable on the grounds that a "complaint" may only be directed against an act adversely affecting an official. The Tribunal holds that "the complainant's letters to the Director General were mere statements of grievances that had no particular purpose" since he does not identify any duty towards him under the general conditions of employment that Eurocontrol may have failed to discharge there cannot have been any "act adversely affecting" him and for want of an appealable decision, even implied, his complaint is irreceivable.

    Keywords:

    absence of final decision; career; cause of action; decision; degree; failure to answer claim; implied decision; receivability of the complaint;



  • Judgment 1207


    74th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The Tribunal need only observe, as it has often said before (for example in Judgments 940 [...], 1016 [...] and 1025 [...]), that no staff member has any right to promotion. Even if he is expecting it, as the complainant was, he may not demand that management grant him the benefit of it from any particular date."

    Reference(s)

    ILOAT Judgment(s): 940, 1016, 1025

    Keywords:

    career; case law; date; effective date; organisation's duties; promotion; right;



  • Judgment 1196


    73rd Session, 1992
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    The complainants, who belong to the professional and higher categories of staff, contend that the repeal of a provision in the Staff Regulations which insure the stability of their conditions of pay discriminated in favour of local staff. "According to consistent precedent the distinction between international and local staff is a fundamental one inherent in the very nature of an international organisation. It is due to the peculiar circumstances in which such organisations work and it is concurred in, with both its advantages and its drawbacks, by anyone who seeks employment with them, be it in one category of staff or in the other. Each category of staff offers career prospects and conditions of recruitment and pay that differ according to its own requirements, and a staff member may not plead breach of equal treatment if treated differently because he belongs to one category rather than to the other."

    Keywords:

    appointment; career; case law; equal treatment; general service category; international civil service principles; local status; non-local status; professional category; salary;



  • Judgment 1183


    73rd Session, 1992
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The purpose of probation is to find out whether a probationer has the mettle to make a satisfactory career in the organization. The competent authority will determine [...] whether or not to confirm the appointment and must be allowed the utmost measure of discretion in deciding whether someone [...] shows, not just the professional qualifications, but also the personal attributes for the particular post in which he is to be working. Only where the Tribunal finds the most serious or glaring flaw in the exercise of the Director-General's discretion will it interfere."

    Keywords:

    career; discretion; flaw; judicial review; post; probationary period; purpose; qualifications;



  • Judgment 1175


    73rd Session, 1992
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The purpose of probation is to find out whether a probationer has the mettle to make a satisfactory career in the organisation. The competent authority will determine on the evidence before it, and possibly after extension of the probation as in the present case where doubt still lingers, whether to dismiss the official or to confirm the appointment. It must indeed be allowed the widest measure of discretion in determining whether someone it has recruited is suitable."

    Keywords:

    career; discretion; extension of contract; probationary period; qualifications; termination of employment;



  • Judgment 1159


    72nd Session, 1992
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    WHO Staff Rule 1050.2.3 "distinguishes between holders of a career-service appointment and temporary staff. Whereas the former 'shall be given priorities', the Director-General enjoys discretion to 'establish priority' among the latter. He was therefore under no obligation to give any particular priority to the holder of a temporary appointment like the complainant."

    Reference(s)

    Organization rules reference: WHO STAFF RULE 1050.2.3

    Keywords:

    career; contract; discretion; fixed-term; organisation's duties; priority;



  • Judgment 1025


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The Secretary General may as a rule amend a text that sets in general terms the conditions for promotion that are to hold good in future and [...] the Tribunal has only a limited power of review over texts of that kind."

    Keywords:

    career; condition; discretion; judicial review; promotion;

    Consideration 4

    Extract:

    "The Tribunal has already declared that rules on promotion do confer an acquired right insofar as they offer staff an expectation of advancement. But the particular arrangements for the grant of promotion confer no such right because on recruitment staff cannot foretell how they will fare in their career. [...] In any event an organisation may change the rules on promotion for the sake of efficiency and so as to cope with changing circumstances."

    Keywords:

    acquired right; amendment to the rules; career; promotion;

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