Judgment 1427
79th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The Organization did not execute the judgment ordering it to reinstate the complainant as promptly as it should have. It caused him "needless uncertaintyby requiring him to apply for vacancies and by ignoring his request for reinstatement in the vacant post of storekeeper [which he formerly held]. It thus virtually compelled him to come back to the Tribunal".
Keywords:
application for execution; execution of judgment; judgment of the tribunal; moral injury; organisation's duties; reinstatement; vacancy;
Judgment 1272
75th Session, 1993
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
To apply rules that make the competence of a candidate and his prior service in the organisation paramount considerations in filling vacancies means "that at the very least the staff must be told of the vacancy or of the creation of a post and anyone who wants to apply must be allowed to do so and must have the application considered according to objective criteria."
Keywords:
appointment; candidate; creation of post; duty to inform; organisation's duties; post; vacancy; vacancy notice;
Judgment 1071
70th Session, 1991
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
PAHO Staff Regulation 4.4 gives preference when filling vacancies to existing staff members over outside candidates. The Regulation "does not give existing staff members absolute priority in promotion and the Tribunal does not make rulings on such matters as staff policy, which are within the prerogative of the Director. Yet, if there were a consistent practice of recruiting people under temporary appointments and later appointing them to permanent posts, in preference to inside applicants, on the strength of the experience they had thereby gained, it would offend against the purpose and spirit of Regulation 4.4." (Vide Judgment 1077.)
Reference(s)
Organization rules reference: PAHO STAFF REGULATION 4.4
ILOAT Judgment(s): 1077
Keywords:
candidate; competition; internal candidate; judicial review; priority; vacancy;
Judgment 729
58th Session, 1986
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The principle of equality, which is binding on an international organisation even if it is not stated in the rules, requires that when a vacancy occurs all members of the staff should have the same opportunity of securing it. The organization is not of course bound to ensure that the notice of a vacancy should actually reach everyone. Its duty goes no further than to issue the notice by some suitable means and with suitable promptness."
Keywords:
competition; duty to inform; equal treatment; organisation's duties; vacancy; vacancy notice;
Judgment 651
55th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant maintains that the organization denied him the priority he was entitled to under the reduction-in-force procedure in the Staff Rules. He refers to the existence of five posts, "but he fails to establish that he was qualified for any of them or better qualified than the incumbents. In other words, he has not shown that the conditions for granting him the priority he claims were fulfilled."
Keywords:
abolition of post; condition; priority; qualifications; reassignment; termination of employment; vacancy;
Judgment 636
54th Session, 1984
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The appeal is against a decision to fill a post for which the complainant had been rejected four months before. As such the appeal is unarguable unless it can be shown that the two events are linked. The complainant must show that the true reason for his rejection [...] was not his lack of qualification but was an abuse of power, being wrongly motivated by the intention to secure the appointment of [another official] in the following months. The evidence tendered [...] falls far short of this."
Keywords:
abuse of power; appointment; candidate; competition; lack of evidence; misuse of authority; vacancy;
Judgment 619
53rd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The Tribunal is not competent to compare the candidates' merits; it will merely determine whether there was any prejudice in the impugned decision. There is no reason to suppose that in preferring [Mrs. X] the FAO was actuated by any considerations other than merit. Indeed its impartiality is borne out by the fact that [...] the majority of the selection board were in favour of the successful candidate."
Keywords:
appointment; competition; selection procedure; vacancy;
Judgment 564
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant was not appointed to a post for which he had applied. "The Tribunal will not declare whether the complainant was fit to hold the post. It merely observes that his possession of the qualifications he mentions does not mean that he was necessarily the right person for the vacancy."
Keywords:
appointment; candidate; competition; judicial review; qualifications; seniority; vacancy;
Judgment 535
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-7
Extract:
There would be abuse of authority if the grounds alleged by the organization to justify the appointment were a pretext; if the organization had appointed an official obviously less well qualified than the complainant; if the organization had shown favouritism to the appointed official at the expense of other candidates. No such charges are borne out by the evidence.
Keywords:
abuse of power; appointment; candidate; judicial review; misuse of authority; vacancy;
Considerations 1 and 3
Extract:
A staff rule stipulates that "the general method of filling vacancies is to hold a competition, and reassignment without promotion in the interest of the [organization] is an exception. [...] Whether a post should, in the interest of the Bureau, be filled without holding a competition is a matter of discretion".
Keywords:
competition; discretion; exception; organisation's duties; organisation's interest; transfer; vacancy;
Judgment 527
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The newly-created post for which the complainant applied was abolished. It cannot be suggested that the decision to abolish the post was ultra vires or otherwise improper. It would follow that the complainant is not entitled to compensation for non-selection."
Keywords:
abolition of post; candidate; competition; competition cancelled; vacancy;
Judgment 524
49th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[It is not] in breach of the principle of equality of treatment to demand any particular language qualifications or specialised knowledge for a vacancy. The principle requires equal treatment and absence of discrimination only where the circumstances are similar. Where the very nature of the post to be filled makes special qualifications necessary, it is reasonable and right for the organisation to require that candidates possess them."
Keywords:
appointment; competition; condition; equal treatment; judicial review; knowledge of languages; qualifications; vacancy;
Judgment 521
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant, like two other candidates [Judgments Nos. 519 and 520] was rejected for a particular vacancy for lack of a university degree. "Had it not been for this lack, he would have had a strong claim to be considered, since he had for five years been second in command of the unit to which the post belonged and during an earlier vacancy he had for over a year been in charge of the unit."
Reference(s)
ILOAT Judgment(s): 519, 520
Keywords:
appointment; candidate; competition; condition; degree; professional experience; qualifications; vacancy;
Considerations
Extract:
The Board of Appeal expressed the opinion that the educational requirements for the post in question were excessive and tended to restrict staff career opportunities. "The point can be brought within the competence of the Tribunal only if there is an allegation, which in this case there is not, that the imposition of minimum qualifications is a breach of some regulation or rule or of some term of the complainant's contract of employment."
Keywords:
appointment; competence of tribunal; competition; condition; degree; judicial review; qualifications; vacancy;
Judgment 519
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant's application for an appointment was eliminated because he did not meet the minimum qualification [a university degree]. "He asserts, which may be right, that the qualifications are higher than those needed for the job", but does not support the allegation. He makes other allegations of procedural irregularities and general prejudice against him, "allegations which it is unnecessary to consider since, so long as the educational qualification stands, the rejection of the complainant was inevitable."
Keywords:
appointment; candidate; competition; condition; degree; judicial review; professional experience; qualifications; vacancy;
Judgment 488
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"On his last return to headquarters the complainant was not selected for any of the P.5 posts which were vacant at the time and in which he expressed interest. But the posts were filled in accordance with the normal selection procedure, the complainant's applications being considered together with the others, and the Tribunal holds that the procedure followed by the organization was correct and that there was no breach of any of the applicable rules."
Keywords:
appointment; assignment; headquarters; judicial review; procedure before the tribunal; transfer; vacancy;
Judgment 416
44th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The rights that arise from the performance of duties (remuneration, promotion, guarantee of employment) are suspended until reinstatement. "Reinstatement is [...] subject to two cumulative conditions: first, there must be a vacant post and, secondly, the staff member must be qualified for it."
Keywords:
career; compassionate leave; condition; consequence; qualifications; reinstatement; special leave; vacancy;
Consideration 2
Extract:
The complainant failed to meet the requirements for a vacant post and lacked the necessary qualifications for a further post. The decision of the Director-General not to reinstate(*) her "was therefore taken under the authority which [he] enjoys and is not tainted with any mistake of law or any other flaw."
(*) The complainant had taken leave "on personal grounds".
Keywords:
compassionate leave; judicial review; qualifications; refusal; reinstatement; special leave; vacancy;
Judgment 334
40th Session, 1978
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant argues that as a permanent official who had lost his post he was entitled to be appointed to a suitable vacant post without having to take a test. The applicable regulation provides for the grant of priority subject to two conditions: the existence of a suitable vacant post and the staff member's capacity to give useful service in that post. "To determine whether the two conditions are met it may sometimes be necessary to test the staff member whose post has been abolished." There was no mistake of law.
Reference(s)
Organization rules reference: SECTION 9.1 ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
abolition of post; condition; contract; permanent appointment; priority; probationary period; qualifications; reassignment; termination of employment; vacancy;
Judgment 326
39th Session, 1977
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
WHO Staff Regulation 4.4 provides that "without prejudice to the inflow of fresh talent at the various levels, vacancies shall be filled by promotion of persons already in the service of the organization in preference to persons from outside". The organization must rely upon the members of a selection committee to pay what they consider to be due regard to the factors mentioned in the Regulations. "It would only be in a case in which it could be shown that a factor had been wilfully disregarded that the Tribunal could begin to entertain any complaint."
Reference(s)
Organization rules reference: WHO STAFF REGULATION 4.4
Keywords:
appointment; competition; criteria; judicial review; post held by the complainant; selection board; vacancy;
Judgment 251
34th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Although the complainant regularly received his salary increments his work was not always fully satisfactory, as appears from the dossier and is suggested by the failure of his many applications. On the other hand, the successful candidate had been trained for the vacant post and had proved himself fully fit for it. In the circumstances, even though the decision may be open to question, the Director-General did not draw any clearly false conclusions from the dossier."
Keywords:
appointment; candidate; increment; other; qualifications; salary; unsatisfactory service; vacancy;
Consideration 5
Extract:
"In choosing from among several candidates [...] length of service and university education are not the sole criteria. In fact the most important one is fitness for the vacant post."
Keywords:
appointment; candidate; condition; degree; elements; qualifications; seniority; vacancy;
Judgment 238
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The process of selection of civil servants should by its very nature be based not just on the results of an examination but on any other useful criteria. Account should be taken, not only of the candidates' possession of the expressly stipulated qualifications, but of their degrees and of their professional experience, which in itself constitutes a criterion for selection and one of particular relevance in recruiting civil servants."
Keywords:
appointment; competition; condition; degree; discretion; elements; open competition; professional experience; vacancy;
Considerations
Extract:
According to the vacancy notice, "the vacancy was to be filled, not by a competition in the strict sense of the term, but by selection. The process of selection of civil servants should by its very nature be based [...] on any [...] useful criteria."
Keywords:
appointment; competition; condition; discretion; open competition; vacancy; vacancy notice;
Judgment 174
26th Session, 1971
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Preamble
Extract:
The complainant contests an appointment made to fill a vacancy. The person appointed to the post is regarded as co-defendant. "Considering [...] the observations made by [Mr X] who was notified of the complaint on the decision of the President of the Tribunal[...]"
Keywords:
appointment; candidate; co-defendant; selection procedure; vacancy;
