Qualifications (311, 312, 313, 314, 661,-666)
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Keywords: Qualifications
Total judgments found: 95
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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 18
Extract:
"In a case of non-renewal the Tribunal will be especially cautious in reviewing any appraisal by a supervisor of the staff member's performance: the supervisor has the technical background and the knowledge of the staff member's work and personality that qualify him better than anyone else to advise the head of the Secretariat on that score. Some appraisals of the complainant's performance are not good." Others are more positive, though not unreservedly. "Though she does produce letters of commendation from several quarters, it is not for the Tribunal to choose between conflicting assessments: it is the executive authority that has discretion to do so."
Keywords:
contract; different appraisals; discretion; executive head; fixed-term; judicial review; limits; non-renewal of contract; qualifications; supervisor; work appraisal;
Judgment 1602
82nd Session, 1997
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
According to precedent "the right to priority of consideration that belongs to someone whose post has been abolished requires that any authority concerned with making the appointment must be aware of the right and carefully compare the professional profile of the staff member with that of any outside candidate."
Keywords:
abolition of post; organisation's duties; priority; qualifications; reassignment;
Judgment 1600
82nd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"If a decision to promote is taken against the Board's advice and on the basis of considerations other than ability and the record of performance, as prescribed in Article 49(7) of the Service Regulations, then fairness and impartiality can no longer be ensured. The reasons given for the impugned decisions are inappropriate for the promotion procedure established by Article 49 and amount to denial of the equal treatment the complainants were entitled to."
Reference(s)
Organization rules reference: ARTICLE 49(7) OF THE EPO SERVICE REGULATIONS
Keywords:
criteria; equal treatment; performance report; personal file; promotion; promotion board; qualifications; safeguard; staff member's interest; staff regulations and rules;
Judgment 1553
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
UNESCO Staff Regulation 4.4 grants priority to serving staff for appointment to vacant posts. "Despite the unanimous recommendations by the senior personnel advisory boards and by the Appeals Board the Organization failed to give the complainant priority for vacant posts. It put the wrong question to its units and to its bureau of personnel. The right question was not whether there was a post that fitted her qualifications and experience but whether there was a post of which she was capable of fulfilling the duties competently. [...] No instructions went out that she should be given priority for any vacant posts. So the decision to terminate her services rested on a misinterpretation of Regulation 4.4 and so on a mistake of law. That decision must therefore be set aside".
Reference(s)
Organization rules reference: UNESCO STAFF REGULATION 4.4
Keywords:
abolition of post; candidate; decision; internal candidate; interpretation; material damages; moral injury; organisation's duties; priority; qualifications; reassignment; reinstatement; staff regulations and rules; termination of employment; vacancy;
Judgment 1522
81st Session, 1996
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The organization has "discharged its duty to take an express decision duly giving its reasons for not reinstating him. Its decision [not to reinstate him] takes seriatim all the posts he might have been appointed to. It explains the reasons of fact or law why it came to the view that his training, experience or grasp of languages or the need for special skills disqualified him for some posts. The reasons why he was not appointed to others had to do with the budget, some posts being 'frozen'. Or else the reasons were administrative: for example the Appointment and Promotion Board was not in favour, or the organization gave priority to a permanent employee."
Keywords:
advisory opinion; application for execution; budgetary reasons; due process; duration of appointment; duty to substantiate decision; judgment of the tribunal; judicial review; knowledge of languages; organisation's duties; permanent appointment; priority; professional experience; promotion board; qualifications; refusal; reinstatement; selection board; training;
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 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 1436
79th Session, 1995
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"As was said for example in Judgment 1223, the Tribunal will not interfere with comparison of candidates in a competition. Only when it appears that the choice rests on a mistake of fact or law or that there has probably been misuse of authority will the Tribunal order the defendant to produce further evidence so that it may review such comparison."
Reference(s)
ILOAT Judgment(s): 1223
Keywords:
abuse of power; burden of proof; candidate; case law; competition; due process; evidence; further submissions; judicial review; mistake of fact; misuse of authority; presumption of innocence; qualifications; selection procedure;
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 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 21
Extract:
"The administration is [...] at fault for not giving the complainant sufficient warning that there had been criticism of him and the success of his probation was in jeopardy. The organisation contends that he did get several oral warnings. Yet, contrary to the requirements of due administrative process, the file contains no evidence of such warnings, or their date or substance. The Tribunal is therefore unable to assess their scope."
Keywords:
due process; duty to inform; probationary period; procedural flaw; qualifications; termination of employment; warning;
Judgment 1378
78th Session, 1995
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The relevant provisions of the Manual require that [...] the receiving unit prepare written evaluations of [the candidates]. Thus it was both proper and reasonable for the receiving unit to interview candidates in order to prepare the required reports and evaluations."
Reference(s)
Organization rules reference: WHO MANUAL PARAGRAPH II.3.340; WHO MANUAL PARAGRAPH II.3.341 WHO MANUAL PARAGRAPH II.3.342
Keywords:
candidate; competition; due process; qualifications; staff regulations and rules;
Judgment 1262
75th Session, 1993
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The case law has made it consistently plain that a decision not to renew a fixed-term appointment, being discretionary, may be set aside only if it was taken without authority, or in breach of a rule of form or of procedure, or was based on a mistake of fact or of law, or if some essential fact was overlooked, or if clearly mistaken conclusions were drawn from the facts, or if there was abuse of authority. Moreover, when the reason given for non-renewal is unsatisfactory performance, the Tribunal will not replace the organisation's assessment of the complainant's fitness for his duties with its own."
Keywords:
abuse of power; case law; contract; decision; discretion; disregard of essential fact; fixed-term; flaw; formal flaw; grounds; judicial review; mistake of fact; mistaken conclusion; misuse of authority; non-renewal of contract; procedural flaw; qualifications; unsatisfactory service;
Judgment 1246
74th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 14-15
Extract:
"The purpose of Article 6.7.3 of the Staff Regulations is that the lapse of time between first and second reports should be long enough - the period prescribed is nine months - to give the probationer a proper opportunity of showing his mettle before the second report has to be made. The period of less than three months that the complainant was allowed was far too short to allow of any substantial improvement. [...] The procedural flaw caused the complainant injury."
Keywords:
cause of action; date; delay; due process; flaw; performance report; probationary period; procedural flaw; qualifications; staff regulations and rules;
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;
Consideration 6
Extract:
"The organisation is free to set quotas for the output of patent examiners. The complainant has failed to offer any evidence to suggest that the quotas the organisation set for him were in any way unreasonable or that, even when he attained them, the evenness of his output was such as the organisation was entitled to expect of him. In the circumstances it is not proven that the decision not to confirm his appointment shows any [...] fatal flaws".
Keywords:
discretion; evidence; output; qualifications; reckoning; staff member's duties; unsatisfactory service; work appraisal;
Judgment 1162
72nd Session, 1992
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant wants the Tribunal to order her assignment to a stable post in line with her qualifications. "The Tribunal is satisfied [...] that the organization has made a serious effort to give the complainant a more stable position - indeed it has created the post especially for her - and has taken due account of her qualifications, experience and grade. Since she has therefore obtained satisfaction, she shows no cause of action".
Keywords:
assignment; organisation's duties; post; qualifications; request for transfer; transfer;
Judgment 1161
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
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 shows the highest level of qualifications required for a post in the particular field in which he is to be working."
Keywords:
discretion; extension of contract; probationary period; qualifications; termination of employment;
Judgment 1038
69th Session, 1990
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Director-General took his decision [not to renew the complainant's contract] in the exercise of his discretionary authority. Even though colleagues of the complainant's thought him suitable and recommended extending his appointment, the decision was not theirs to make."
Keywords:
competence; contract; discretion; executive head; fixed-term; non-renewal of contract; qualifications; work appraisal;
Judgment 1037
69th Session, 1990
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
After his appointment was extended several times and he received favourable staff reports, the complainant was denied the renewal of his appointment. That decision was based on a lack of leadership qualities, even though these were not mentioned in the requirements set out in his job description. As the decision mistakenly took account of facts unrelated to the duties assigned to him, it is tainted by a fatal flaw and the Tribunal will set it aside.
Keywords:
contract; fixed-term; mistaken conclusion; non-renewal of contract; post description; qualifications; work appraisal;
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