Grade (262,-666)
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Keywords: Grade
Total judgments found: 81
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Judgment 1787
86th Session, 1999
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Although the abolition of his post did demand of the Organization efforts to place him suitably and at the right grade elsewhere, he had no right to preference for any particular post, the less so since others were in the same plight. He may object to the Organization's failure to let him have the transfer he wanted, but such failure does not make it unlawful for the organization to have appointed another official to the post he had applied for, provided at least that that official was qualified."
Keywords:
abolition of post; appointment; competition; condition; equal treatment; grade; organisation's duties; post; priority; qualifications; reassignment; right;
Judgment 1782
85th Session, 1998
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"What [Staff Rule 110.02 a) on abolition of posts and staff reduction] entitles staff members with permanent appointments to is preference to 'suitable posts in which their services can be effectively utilized', and that means posts not just at the same grade but even at a lower one. [...] The Advisory Group should have asked the complainant [who held grade G.7] at the outset whether she would accept a G.6 post. Because it failed to do so, it considered her for vacant posts at G.7 only and deprived her of the opportunity of being considered for G.6 vacancies." See also Judgment 346 [...].
Reference(s)
Organization rules reference: UNIDO'S STAFF RULE 110.02 A)
ILOAT Judgment(s): 346
Keywords:
abolition of post; contract; duration of appointment; grade; organisation's duties; permanent appointment; post; priority; staff reduction; staff regulations and rules; vacancy;
Judgment 1775
85th Session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
According to the complainant, the way he accepted the offer of employment did form a binding contract. The Tribunal considers that "[the complainant] must show an unqualified agreement and meeting of minds between the Organization and himself on the essential terms of a contract of employment. The Tribunal is unable to read [a telex from the complainant to the Organization] as anything but a counter-offer on one of the most essential terms of the proposed contract, namely remuneration. Certainly, it cannot be said to be an unqualified acceptance and the fact that it is couched in terms of a claim of right does nothing to change its character; a potential employee does not have an automatic right to any particular grade or step and an offer which specifies one figure of salary cannot be accepted by a claim to a higher figure: see Judgment 228 [...]."
Reference(s)
ILOAT Judgment(s): 228
Keywords:
acceptance; case law; contract; grade; offer; right; salary; step;
Judgment 1741
85th Session, 1998
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15-16
Extract:
"Whatever his rank was in the programme the complainant was entitled to appraisal that was in keeping with the written rules or at least so far observed due process as to afford him the opportunity of adding any timely comments of his own for entry in his personal file. [...] [T]he conclusion is that for want of any properly made appraisal there is no objective and reliable means of reviewing the grounds for non-renewal. The impugned decision cannot stand."
Keywords:
decision; due process; grade; grounds; organisation's duties; performance report; procedural flaw; work appraisal;
Judgment 1677
84th Session, 1998
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
ITU Staff Regulation 3.8 (a) lays down two conditions regarding the payment of a special post allowance: "one is that there must be a post at a higher grade than the claimant's; the other that the claimant must be performing the duties of the post. The Union adds a third condition, that the post description must be recent. But it is wrong: there is neither a written rule nor any particular basic principle that lays down that requirement."
Reference(s)
Organization rules reference: ITU STAFF REGULATION 3.8 (A)
Keywords:
condition; grade; organisation's duties; post description; special post allowance; staff regulations and rules;
Judgment 1415
78th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"As stated in Judgment 1354 and others delivered this day on similar cases, the tribunal has limited power of review over the Director-General's appraisal of performance for the purpose of choosing career paths."
Reference(s)
ILOAT Judgment(s): 1354, 1412, 1413, 1414, 1416
Keywords:
case law; discretion; executive head; grade; judicial review; qualifications;
Judgment 1407
78th Session, 1995
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
The complainant says that her transfer amounted to a hidden disciplinary measure to get back at her because she asserted her right of appeal. "The Tribunal is satisfied that there was no question of disciplinary action": she herself applied for the transfer and it cost her no loss of pay or grade or responsibility. "Nor does she allege any loss of dignity in the duties she had to perform."
Keywords:
amendment to the rules; disciplinary measure; grade; hidden disciplinary measure; moral injury; right of appeal; salary; transfer;
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 1370
77th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant pleads that he had been promoted from grade G.7 to P.2 "even though he was drawing the post allowance. It is immaterial whether or not the conditions in which he was granted the allowance met the requirements of Regulation 3.8: suffice it to observe that he acquiesced and amply reaped the benefit for most of the period during which he received the allowance. So the Tribunal cannot allow his plea that he was promoted."
Reference(s)
Organization rules reference: ITU STAFF REGULATION 3.8
Keywords:
acceptance; amendment to the rules; condition; general service category; grade; professional category; promotion; special post allowance; staff regulations and rules;
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 1343
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant was transferred to a new post. He alleges that the transfer was unlawful, his new duties being at a lower level than those he had formally discharged. "Whether the post is 'commensurate' with his former post and grade depends on an objective test, namely the level of his duties. He has failed to satisfy the Tribunal that their level is not in keeping with his grade, which was the same after as before transfer."
Keywords:
amendment to the rules; criteria; grade; lack of injury; post; post description; transfer;
Judgment 1234
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
The complainant, an official at grade D.2, was moved twice in 18 months but given no explanation for the moves. His second transfer was to a post at a lower grade, some distance from headquarters and in a field he had never worked in. "Although the Director-General will ordinarily be treated as the best judge of what the organization's interests are and the Tribunal will not ordinarily interfere in his assessment of them, nevertheless it will do so in this case. It is quite inadequate to plead that the decision to transfer the complainant was 'in the interests of the organization'. The basis for reaching that conclusion must be made clear so that the Tribunal may exercise its power of review and determine whether there exists any of the grounds for setting aside a discretionary decision of that kind."
Keywords:
discretion; downgrading; duty to substantiate decision; grade; judicial review; limits; organisation's duties; organisation's interest; post; transfer;
Consideration 19
Extract:
The complainant, an official at grade D.2, was moved twice in 18 months but given no explanation for the transfers. His second move was to a post at a lower grade, at some distance from headquarters and in a field he had never worked in. The organization pleads that his transfer was "in the interests of the organization" and that the burden is on him to show that it was not. "But there it betrays a deeply mistaken view of its duty. Of course its own interests are paramount, but it must still, for the sake of proper management and mutual confidence, treat its staff fairly. If it is transferring a staff member it must let him have a degree of responsibility corresponding to his grade and respect his dignity. It must give him a statement of the reasons for the transfer and the opportunity of responding."
Keywords:
burden of proof; downgrading; duty to substantiate decision; grade; organisation's duties; organisation's interest; post; respect for dignity; right to reply; staff member's interest; transfer;
Considerations 12-13
Extract:
The complainant was transferred against his wishes to a post at a lower grade, D.1, but kept grade D.2 on a personal basis. The Tribunal confirms what it said in Judgment 631 about staff Rule 570 on reduction in grade. That provision - which says that reduction in grade may result (1) from the staff member's own request, (2) from unsatisfactory performance or misconduct or (3) as an alternative to termination in a reduction inforce - applies even when the staff member keeps his own grade on a personal basis. "The organization may not require a staff member to move to a post at a lower grade against his wishes, however generous the financial compensation, unless there is compliance with Rule 570."
Reference(s)
Organization rules reference: WHO STAFF RULE 570
ILOAT Judgment(s): 631
Keywords:
acceptance; case law; downgrading; grade; post; staff regulations and rules; transfer;
Judgment 1213
74th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant submits that the decision to offer him an assignment to a lower grade than he wished and without the benefit of an indefinite appointment discriminated against him insofar as four officials appointed to the same post got the higher grade. "But none of the four is in like case. Either they have served longer than he or have different qualifications or have won a competition or have a much better record of performance. He adduces no evidence to show unlawful discrimination, and his plea is dismissed because it is devoid of merit."
Keywords:
assignment; decision; definition; duration of appointment; equal treatment; grade; refusal;
Judgment 1113
71st Session, 1991
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant failed to have her post upgraded. Her plea of disregard of relevant facts fails. "The essential point is that, though the complainant's duties might warrant an upgrading if she showed a higher degree of responsibility, initiative and judgment, it was proper to take the view that she did not, and therefore her post does not warrant the higher grade." The Tribunal holds that, despite the difference of opinion, there was evidence on which such a judgment could be based and will not substitute its own view on the matter for the organization's.
Keywords:
criteria; different appraisals; disregard of essential fact; grade; judicial review; post classification;
Judgment 1093
70th Session, 1991
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
At the time of his promotion to grade P.2 the complainant held a permanent appointment at grade G.5, as well as a fixed-term appointment at grade G.7 while drawing a special post allowance corresponding to P.2. The Tribunal holds that because he had never had a permanent appointment at G.7 his promotion was from G.5 to P.2.
Keywords:
grade; promotion; special post allowance;
Judgment 957
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant contends that his professional experience was not properly reckoned in accordance with Circular 144 of 2 September 1985. He alleges breach of the principle of equal treatment inasmuch as his seniority was lower than that granted to someone with equivalent professional experience recruited as an A3 examiner. His plea fails "because the material provisions of the service regulations deal with promotion within the organisation as distinct from the attributions of grade and step on appointment: the comparison he is drawing is between staff members who are not in the same position in law."
Reference(s)
Organization rules reference: CIRCULAR 144
Keywords:
appointment; difference; equal treatment; grade; professional experience; promotion; reckoning; seniority; step;
Judgment 953
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2, Summary
Extract:
The complainant was promoted from grade A.2 to grade A.3 as from 1 March 1987. He submits that the promotion should have taken effect as from 1 August 1985, the date by which his credited experience had come to eight years, in accordance with point ii.2 of Circular 144. However, as required by Article 49[7] of the EPO Service Regulations, the complainant also had to have at least two years' service in his grade in the office in order to qualify for promotion. As the complainant did not meet the latter requirement until 1 March 1987, the Tribunal held that the impugned decision was correct.
Reference(s)
Organization rules reference: ARTICLE 49.7 OF EPO SERVICE REGULATIONS; POINT II.2 OF EPO CIRCULAR 144 OF 2 SEPTEMBER 1985
Keywords:
condition; date; effective date; grade; professional experience; promotion; seniority;
Judgment 862
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
Article 3.1.1.2 of the ILO Staff Regulations provides for periodic adjustments to pensionable remuneration. The application of this regulation was suspended effective 1 April 1985. The complainants argue that the absence of an adjustment on 1 April 1986 breaches their acquired rights. "The complainants say they cannot put a figure on the loss sustained but they submit a table showing losses that range from 13 to 39 per cent according to grade. The table does not distinguish between loss due to the measures of which the Tribunal was informed in the earlier proceedings - and which it declared lawful - and loss alleged to be due to the failure to revise the scale on 1 April 1986. So in any event the Tribunal cannot but endorse its ruling in Judgment 832 under 16." The complaints are dismissed.
Reference(s)
Organization rules reference: ARTICLE 3.1.1.2 OF THE ILO STAFF REGULATIONS
ILOAT Judgment(s): 832
Keywords:
acquired right; adjustment; amount; breach; date; difference; enforcement; grade; injury; pension; pension entitlements; pensionable remuneration; provision; reckoning; res judicata; staff regulations and rules; subsidiary; suspensive action;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"[The] posts and the grade they carried were such that the decision was tantamount to a sanction. An organisation is bound to show due regard to the dignity and good name of its staff".
Keywords:
assignment; downgrading; grade; hidden disciplinary measure; moral injury; organisation's duties; post; professional injury; respect for dignity; transfer;
Consideration 17
Extract:
"Unless leave is granted at his own wish or he is on sick leave - which is just an incident of employment - a paid staff member is entitled to be given work to do that matches his grade."
Keywords:
annual leave; assignment; exception; grade; leave; refusal to assign work; right; salary; sick leave;
Consideration 20
Extract:
"The Director-General's authority is not absolute and quite plainly he failed in this case to pay due regard to the complainant's qualifications and experience in picking P.5 posts."
Keywords:
assignment; degree; discretion; disregard of essential fact; executive head; grade; limits; professional experience; qualifications;
Judgment 808
61st Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
The complainant objects to her transfer from a G.7 post she held in the document services branch to the post of assistant cashier at the same grade because the new post did not suit her qualifications. The Tribunal holds that "the transfer did not cause the complainant any drop in grade, so that her basic rights under the Staff Regulations are unimpaired. The only question possibly at issue is whether her new post comprises duties and responsibilities that warrant G.7 and, as the organisation has explained, there is no question but that it does since the duties of assistant cashier have always carried that grade."
Keywords:
grade; organisation's duties; transfer;
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