Fitness for international civil service (497,-666)
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Keywords: Fitness for international civil service
Total judgments found: 43
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Judgment 648
55th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
It is proper for an organization to wish to have full information on candidates in order to secure staff of sound technical competence and high moral integrity. "Whether the candidate qualifies is a matter which the executive head must be left to determine at his discretion, and the Tribunal will not review the exercise of such discretion."
Keywords:
appointment; condition; discretion; fitness for international civil service; judicial review; qualifications;
Judgment 542
49th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Tribunal holds that it was not wrong to solicit such information [regarding legal convictions]. In technical assistance missions the FAO puts its own reputation at stake, and the mission the complainant was to carry out and the grade he was to hold made it quite reasonable for the organization to ascertain fully not only the applicant's professional competence but also his character."
Keywords:
fitness for international civil service; misrepresentation;
Judgment 513
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The facts which led to the complainant's dismissal [embezzlement] may be correctly treated as misconduct. Although not committed in his official capacity, his act came within the ambit of [the staff rule on dismissal for misconduct,] which is to be construed in the light of [...] 'standards of efficiency, competence and integrity' expected of a staff member."
Keywords:
fitness for international civil service; serious misconduct; termination of employment;
Judgment 453
46th Session, 1981
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1-2
Extract:
Merely to call attention to an official's difficulties does not show his unsuitability for international service. The organization alleged that the complainant was unsuitable for international service and justified terminating his appointment by virtue of the complainant's written complaints about his working conditions and home accommodation; the complainant's argument failed for other reasons concerning his personal behaviour.
Keywords:
fitness for international civil service;
Considerations 5-6
Extract:
In the opinion of the Tribunal there is enough evidence to show that the complainant was a man with whom it was difficult, and perhaps impossible, to work. Was there a reasonable likelihood that this defect might have been cured by remonstrance and warning ? The Director-General concluded that there was not. The Tribunal is not persuaded that the Director-General's conclusion that the complainant was unsuited for international service was clearly mistaken.
Keywords:
conduct; fitness for international civil service; judicial review; probationary period; termination of employment; working relations;
Judgment 440
45th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The appraisal report's bias can be inferred from the dossier as a whole. If the complainant's services in the organization could possibly be considered inexpedient, this should not be construed to mean that he is unfit for a career as an international official in some other organisation.
Keywords:
bias; fitness for international civil service; performance report; probation report; work appraisal;
Consideration 6
Extract:
The Director-General believed that there was sufficient evidence of the complainant's incompatibility. "If he had based this solely upon the complainant's inability to achieve an harmonious working relationship with his first-level supervisor [...] there is ample evidence in this respect the complainant would not have been exceptional. But there is other evidence of incompatibility. In a case in which the Director-General has personally and after the exercise of great care concluded that there is sufficient evidence to show that the complainant has "not satisfactorily adjusted to [...] service [in the organization]" it is virtually impossible for the Tribunal to interfere."
Keywords:
fitness for international civil service; judicial review; supervisor; working relations;
Judgment 318
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Tribunal is competent to review the lawfulness of any decision by the Director-General [...]. In particular it may determine whether that decision [is tainted by any of the flaws which entitle the Tribunal to interfere]. The Tribunal may not [...] replace with its own the executive head's opinion of a staff member's performance, conduct or fitness for international service."
Keywords:
conduct; discretion; fitness for international civil service; judicial review; qualifications; work appraisal;
Judgment 291
38th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Supposing that [the] decision were indeed based on action taken by the complainant [...] when he sent his superior a letter couched in highly improper language which could not be tolerated from [a] subordinate, the Tribunal would not be entitled to quash a decision to remove from the staff of the organisation one whose attitude was on several occasions plainly at odds with the basic duties of [an] international official. In any event such an attitude would in law warrant refusing the complainant a further appointment."
Keywords:
conduct; contract; fitness for international civil service; fixed-term; grounds; insubordination; non-renewal of contract;
Judgment 282
37th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"A clear distinction must be drawn between the quality of a staff member's work, as reflected in such things as performance reports and promotion, and specific facts or a general attitude at variance with his duties as a staff member and warranting disciplinary action."
Keywords:
conduct; elements; fitness for international civil service; promotion; rating; staff member's duties; work appraisal;
Judgment 266
36th Session, 1976
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It appears from the facts of the case that [...] the complainant's attitude had not been such as is expected of an international official and that in particular he committed serious acts of misconduct which cast doubt on his integrity. The behaviour of which the complainant was accused - and the falsity of those accusations is not established - is such as to afford lawful grounds for the impugned decision. It was open to the Director-General to take disciplinary action against the complainant on the grounds of that behaviour and he was therefore entitled, as he in fact did, merely to refuse to renew his contract."
Keywords:
conduct; contract; disciplinary procedure; fitness for international civil service; fixed-term; non-renewal of contract; serious misconduct; subsidiary;
Judgment 243
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The organisation, "instead of terminating the complainant's services as soon as it realised his inability to work in an international organisation, ¨[...] found him other work; but again he proved incompetent. It offered him field posts; but he refused them. It is clear therefore that he was treated with consideration."
Keywords:
contract; fitness for international civil service; fixed-term; non-renewal of contract; organisation's duties; unsatisfactory service;
Judgment 238
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he Selection Board had to select the best candidates by various criteria [...]. It was therefore entitled, after marking the written papers, to ask the organisation to reveal the names of the candidates so that it could fulfil its task by assessing the general suitability of each of them for employment in the international civil service."
Keywords:
appointment; candidate; competition; discretion; fitness for international civil service; open competition; qualifications; selection board;
Judgment 169
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[B]ecause of its tone as well as its content the complainant's correspondence shows a mentality incompatible with the performance of the duties of an international official. In terminating his appointment the Director-General therefore neither misinterpreted the facts brought to his attention nor drew clearly mistaken conclusions." It is irrelevant that the complainant's services were described as satisfactory; "it is not his professional competence but his character which is at issue."
Keywords:
conduct; fitness for international civil service; probationary period; satisfactory service; termination of employment;
Judgment 166
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[I]n selecting an official for a vacant post the Director-General must base his decision not on a single criterion but on several considerations, such as occupational skill, length of service, experience, diligence, and suitability for performing the functions of an international official, which he must weigh individually in each case before arriving at a decision."
Keywords:
appointment; competition; discretion; elements; fitness for international civil service; qualifications; vacancy; work appraisal;
Judgment 135
22nd Session, 1969
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
It is clear from the evidence that "in holding that [the complainant's] refusal to perform military service in the country of which he was a national [kept him from meeting] the requirements for appointment as an international officer, the [organization] was not basing its view on a consideration of principle, but on an examination of the circumstances in which the refusal had taken place; that accordingly the decision was in no way tainted by illegality [...]."
Keywords:
appointment; condition; fitness for international civil service; military service; refusal; titularization;
Judgment 126
20th Session, 1968
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Under the applicable provision "the Director-General clearly has discretionary power to determine whether the continued employment of a staff member is contrary to the interests of the organization or not; it follows that any decision taken under [the applicable provision] does not come within the Tribunal's power of review unless" [...]; the Tribunal may not substitute its own judgment for that of the Director-General in regard to the work or conduct of the person concerned or his suitability for international service.
Keywords:
discretion; fitness for international civil service; judicial review; organisation's interest; qualifications; termination of employment; work appraisal;
Judgment 122
20th Session, 1968
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance
Extract:
In determining whether to appoint an employee to a permanent post, the relevant body must take into account, inter alia, both the employee's professional qualifications and "his suitability as an international official from the standpoint of morality, integrity and character."
Keywords:
condition; definition; elements; fitness for international civil service; qualifications; titularization;
Judgment 53
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"While the Tribunal is competent to review any decision of the Director-General to terminate the appointment of [an] official, insofar as it may be tainted [etc.]. The Tribunal will not substitute its own opinion for that of the Director-General as regards the conduct or suitability of an official for international service."
Keywords:
conduct; discretion; fitness for international civil service; judicial review; work appraisal;
Judgment 42
8th Session, 1960
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant spoke ill of an official of the organization to national authorities. "The complainant's attitude was therefore such as to make [the organization] lose confidence in him. It was incompatible 'with the oath [...] which required him to act 'with the interests of the [organization] only in view' [...] to avoid any action which might adversely reflect on his status [...] and laid on him the obligation to show discretion [...]. In effect, the complainant's conduct was not satisfactory and he showed himself unsuited to international service." The termination of his appointment is warranted.
Keywords:
conduct; duty of discretion; fitness for international civil service; probationary period; staff member's duties; termination of employment;
Judgment 23
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (D)
Extract:
"The grounds adduced [for the dismissal] are [...] the duty of officials 'to conduct themselves at all times in a manner befitting their status as international civil servants', 'to bear in mind the reserve and tact incumbent upon them by reason of their international status' and at no time to lose sight of the interests of the international organisation for which they serve."
Keywords:
conduct; duty of discretion; fitness for international civil service; grounds; staff member's duties; termination of employment;
Judgment 21
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on prejudice
Extract:
"An official who combines all the necessary qualities has a legitimate expectancy of being offered a new appointment in the position which he occupied [...]. Not only is such an almost absolute quod plerumque fit but also [...] in thus acting the administration has as its objective to create a permanent body of officials experienced in their duties, who are destined to follow a career in the organisation".
Keywords:
career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;
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