Criteria (595,-666)
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Keywords: Criteria
Total judgments found: 106
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Judgment 606
52nd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"There are no rigid rules for determining whether a post properly belongs to the professional or the general service categories. It depends upon the presence or absence of factors which only the expert, or at least the knowledgeable knows how to weigh. It is a question to be decided by experience rather than by rule. Those who conduct the desk audit have the necessary experience. The final decision falls within the discretion of the Director-General".
Keywords:
criteria; discretion; general service category; post classification; professional category;
Judgment 591
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's post was left at the same level. In deciding this, the Director erred in principle: in the absence of criteria, he should have remitted the request to the appropriate unit for reconsideration after himself providing clear parameters. The International Civil Service Commission has established a job classification system. The organization has completed post descriptions in accordance with that system. Three and a half months after the impugned decision, the complainant's occupational group was classified using the ICSC system. The complainant is referred to the organization for a new assessment of his post on the basis of the ICSC system.
Keywords:
criteria; enforcement; flaw; icsc decision; no provision; post classification;
Consideration 3
Extract:
The post classification system suffers from a lack of parameters and criteria. The Board of Appeal for want of categorical elements of judgment to support reclassification, concluded that the post should remain at the same level. "This seems to be putting the onus on the complainant of finding a way out of a situation created by the obscurity of the system for which the organization is responsible."
Keywords:
criteria; post classification;
Judgment 525
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5, Summary
Extract:
The "home" should not in all cases be regarded as the country of birth. The rule refers to the place with which the staff member has the closest connection, with respect to place of residence of his family, where he was brought up and any place where he possesses property. The President's decision is based on a mistake of law, its sole foundation consists of concerns related to the country of birth; that was a mistake of law.
Keywords:
criteria; home; nationality; place of origin;
Consideration 2
Extract:
The notion of 'home' "is determined according to several criteria which include not just origin and nationality but also family connections, spiritual, material and psychological links and which serve to identify the focus of his interests and the place where it may be reasonably assumed that he intends to take up permanent residence."
Keywords:
criteria; home; nationality; other; place of origin;
Judgment 498
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"G staff are recruited largely [in the headquarters country or nearby]. It is therefore only right that as an incentive to recruitment their pay, including family allowances, should be in line with pay scales in [the headquarters country]. Officials in other categories, however, may come from and be required to serve anywhere in the world. For them [...] the [organisation] takes as its standard of comparison the best-paid national civil service." The allegation of unlawful discrimination fails.
Keywords:
criteria; equal treatment; general service category; noblemaire principle; professional category; salary; scale;
Judgment 377
42nd Session, 1979
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he Tribunal will consider neither whether the grading criteria applied were sound, nor whether they were correctly chosen and applied nor, in particular, whether the degree of responsibility attached to the complainant's post was properly taken into account. The case would be different only if the Tribunal discovered some clear mistake of assessment in the decision which the Director-General came to."
Keywords:
criteria; judicial review; post classification;
Judgment 357
41st Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"A staff member who leaves the [organisation] is supposed to return to his home country and to use there the sum which he has received as compensation for accumulated annual leave. In calculating that sum, therefore, there are no grounds for taking account of benefits and allowances such as post adjustments, which have to be determined in the light of the cost of living at the duty station."
Keywords:
allowance; amount; commutation of accrued leave; criteria; separation from service;
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 320
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"In principle a complainant whose complaint is allowed in whole or in part is entitled to costs, to be paid by the defendant organisation. There is no need for the complainant to have put in an express claim for such costs. Nor is it material whether he has been assisted or represented by counsel. However, costs are payable only to the extent warranted by the circumstances of the case, that is to say its nature, importance and complexity and the actual contribution made by the complainant or his counsel to the proceedings"
Keywords:
amount; consequence; costs; criteria;
Judgment 319
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
FAO Manual Section 311.112 provides for the possibility of a staff member's status at the time of recruitment to be modified at a later stage. In context this "is an introductory provision or recital to be distinguished from an operative rule; it is informative and not normative. This is shown also by its language. It neither itself requires anything to be done nor confers a power of command on any person. It is merely pointing out [...] that a change of status may be caused by a number of factors [...]."
Reference(s)
Organization rules reference: PARAGRAPH 311.112 FAO MANUAL
Keywords:
amendment to the rules; condition; criteria; local status; non-local status; provision; staff regulations and rules; status of complainant;
Judgment 304
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"It is for the [competent] committees and for the Director-General to adapt the conditions of promotion to the [organisation's] requirements. Hence those conditions may change from year to year and, since they do so, different staff members are differently treated according to the dates on which they receive promotion. Where there are administrative reasons for such difference in treatment, it is no breach of the principle of equality laid down in [the Staff Regulations]."
Keywords:
amendment to the rules; competence; criteria; equal treatment; executive head; organisation's interest; promotion; promotion board;
Judgment 303
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainants contend that they were not informed of the criteria and recommendations for promotions drawn up by the Careers Committee. The requested documents have been circulated to the staff and this grievance therefore fails. "The texts were notified after the original memoranda, but before the rejoinders had been lodged: [...] the complainants were able to refer to those texts in the course of the proceedings and so their right to a hearing has not been infringed."
Keywords:
case pending; criteria; disclosure of evidence; no cause of action; promotion board; right to reply;
Judgment 301
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The function of [careers] committees is purely advisory, and the criteria they adopt have no binding force. Hence, even though those criteria are not beyond reproach, the Director-General's decisions are not tainted on that account."
Keywords:
advisory body; binding character; criteria; discretion; executive head; promotion; promotion board;
Consideration 5
Extract:
It is for the competent committees and the Director-General to adapt the conditions of promotion to the requirements of the organisation. "Hence those conditions may change from year to year and, since they do so, different staff members are differently treated according to the dates on which they receive promotion. Where there are administrative reasons for such difference in treatment, it is no breach of the principle of equality."
Keywords:
amendment to the rules; competence; criteria; date; effective date; equal treatment; executive head; organisation's interest; promotion; promotion board;
Consideration 1
Extract:
Vide Judgment 303, consideration 2.
Reference(s)
ILOAT Judgment(s): 303
Keywords:
case pending; criteria; disclosure of evidence; no cause of action; promotion board; right to reply;
Judgment 300
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 301, consideration 5.
Reference(s)
ILOAT Judgment(s): 301
Keywords:
amendment to the rules; competence; criteria; date; effective date; equal treatment; executive head; organisation's interest; promotion; promotion board;
Judgment 292
38th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 25
Extract:
" [I]t is within the power of the Director-General to lay down by means of an instruction criteria for determining what is or is not 'reasonably near', provided that in doing so he has proper regard to the nature and purpose of the [material provision]. [...] He must be guided by accessibility for school children [...] to lay down [...] that for every official [...] every school within a radius of 50 kilometers [...] is to be deemed accessible is not a proper exercise of the power. Accordingly the provision to this effect [...] is not binding upon the complainant."
Keywords:
administrative instruction; competence; condition; criteria; education expenses; enforcement; executive head; interpretation; provision; refund; staff regulations and rules;
Judgment 262
35th Session, 1975
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Director-General informed the staff of the criteria for promotion applicable in 1974. One of these criteria refers to officials who reached a specific step "not later than" 1974. The other material criterion merely refers to those who by 1974 had a certain seniority at another step. "Whether intentional or not, the difference between the two texts does not necessarily mean that the solutions should be different. The solution should nevertheless be based on objective reasons."
Keywords:
consequence; criteria; difference; promotion; provision;
Consideration 4
Extract:
"[T]he complainant is justified in contending that [two criteria respecting promotion] of the Director-General's circular to the staff are applicable. He is therefore as a matter of course entitled to rely on the provision which is more favourable to him. [T]he former provision is [...] more favourable to the complainant than the latter, which the Director-General was wrong in taking as the basis for his decision. The impugned decision should therefore be reviewed."
Keywords:
administrative instruction; criteria; difference; equal treatment; promotion; provision; right;
Judgment 256
34th Session, 1975
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Under the Staff Regulations, "any other documents relating to measures officially taken or considered in connection with the official" may be placed in an official's personal file. The text is ambiguous. Narrow construction: measures which give rise to rights or duties. Broader construction: all measures which may affect a staff member. "Literal interpretation not being conclusive, it is necessary to consider the purpose of the [provision] in order to determine its true meaning. [...] Its purpose is to make available information on the professional situation of each staff member." Thus the proper construction is "documents which affect his professional situation."
Keywords:
criteria; elements; interpretation; personal file; purpose;
Consideration 2
Extract:
The material provision "provides for the establishment for each official of a personal file which shall be confidential. The confidential character of the file does not, however, apply to information which, though it may be deduced from the personal file, may be as readily obtained from other sources such as publications of the organisation or public records." In the present case the information given, even if it might also have been found in the complainant's personal file, was not confidential within the meaning of the provision in question.
Keywords:
confidential evidence; criteria; definition; personal file; publication;
Consideration 1
Extract:
The contested act [the issue of an attestation to a third party] is a decision in the true sense of the term. "[T]here is no need for the impugned decision itself to pronounce on the validity of an earlier decision. Otherwise an appeals body could never be called upon to determine the lawfulness of any act other than a decision, and that would run counter to commonly held opinion. It is therefore immaterial in the present case whether or not the issue of an attestation may be regarded as a decision."
Keywords:
communication to third party; criteria; decision; definition; receivability of the complaint;
Judgment 252
34th Session, 1975
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"It is for the competent body and in the last resort the Director-General to grade each staff member. Certain criteria have to be followed. [...] Further, the competent body will not base its grading exclusively on the text of the [Regulations] and post description, but will also consider the qualifications and degree of responsibility required by each."
Keywords:
criteria; discretion; grade; post classification; post description;
Consideration 1
Extract:
"In all cases grading a post requires close familiarity with the conditions in which the incumbent works. It is therefore a discretionary decision which in general the Tribunal may not interfere with unless it was taken without authority, or violates [...]."
Keywords:
criteria; discretion; judicial review; post classification;
Judgment 235
32nd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is recognised in all legal systems that for a cause to qualify as such for the purposes of the law there must be a link or links of some strength between the cause and the event. This is sometimes expressed by saying that the cause must be approximate or direct or not too remote. Whatever the language used, the test is one which is generally understood; its application is a matter of appreciation and experience and there is usually [little] room for elaborate reasoning."
Keywords:
cause; criteria; definition;
Judgment 233
32nd Session, 1974
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The purpose of PAHO Staff Rule 220.2 on promotions is to increment salaries. "Thus the fixing of the step must be construed as only the means by which the true object of the rule is to be secured. The means are the servant of the end not its master; the failure of the means prescribed cannot be allowed to defeat the object; the object must be achieved in some other appropriate way."
Reference(s)
Organization rules reference: PAHO STAFF RULE 220.2
Keywords:
criteria; increase; interpretation; promotion; provision; purpose; salary;
Judgment 223
31st Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The non-renewal decision having to be quashed for misuse of authority, account must be taken of material and moral damage and of the fact that the complainant could not have been retained in service beyond the age of 65. "It would therefore be a fair assessment of the circumstances as a whole to award [...] compensation in an amount of 35,000 Swiss francs, less the sum already granted to him by [the organisation]."
Keywords:
abuse of power; age limit; amount; contract; criteria; fixed-term; material damages; misuse of authority; moral injury; non-renewal of contract; retirement;
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