Criteria (595,-666)
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Keywords: Criteria
Total judgments found: 106
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Judgment 4552
134th Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to select him for the post of director of the Language Service.
Consideration 9
Extract:
[T]he Tribunal considers that, when an initial selection procedure is unsuccessful owing to a lack of suitable applications, it is for the competent authority to decide if a new selection procedure must be initiated and, if so, which of the procedures provided for in the applicable rules is to be used (see, to this effect, Judgments 1223, consideration 31, 1771, consideration 4(e), 1982, consideration 5(a), 2075, consideration 3, and 3647, consideration 9).
Reference(s)
ILOAT Judgment(s): 1223, 1771, 1982, 2075, 3647
Keywords:
criteria; selection procedure; vacancy notice;
Judgment 4529
134th Session, 2022
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests WHO’s decision to select Ms V. for the post of Proofreader (Spanish), at grade G-4, in WHO’s Headquarters’ Word Processing Centre.
Consideration 10
Extract:
[P]ersons already in the service of the Organization have priority only if their qualifications appear to be equal to those of other candidates (see, for example, Judgment 1954, consideration 7). In Judgment 3652, consideration 12, the Tribunal also recalled that:
“Similarly, it was stated in Judgment 2392, under 9:
‘It is well settled that preferences such as those mentioned [i.e. by reason of being an internal candidate and by reason of gender] must be given effect to where the choice has to be made between candidates who are evenly matched. On the other hand, they have no role to play where there is a significant and relevant difference between the candidates. [...]’”
Reference(s)
ILOAT Judgment(s): 1954, 2392, 3652
Keywords:
criteria; internal candidate; selection procedure;
Judgment 4524
134th Session, 2022
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to appoint, as a development reassignment, Ms V.M. to the post of Client Relationship Manager.
Consideration 10
Extract:
[I]t is recalled that according to the case law, an international organisation which decides to hold a competition in order to fill a post cannot select a candidate who does not satisfy one of the required qualifications specified in the vacancy notice. Such conduct, which is tantamount to modifying the criteria for appointment to the post during the selection process, incurs the Tribunal’s censure on two counts. Firstly, it violates the principle of tu patere legem quam ipse fecisti, which forbids the Administration to ignore the rules it has itself defined. In this respect, a modification of the applicable criteria during the selection procedure more generally undermines the requirements of mutual trust and fairness which international organisations have a duty to observe in their relations with their staff. Secondly, the appointment body’s alteration, after the procedure had begun, of the qualifications which were initially required in order to obtain the post, introduces a serious flaw into the selection process with respect to the principle of equal opportunity among candidates. Irrespective of the reasons for such action, it inevitably erodes the safeguards of objectivity and transparency which must be provided in order to comply with this essential principle, breach of which vitiates any appointment based on a competition (see Judgment 3073, consideration 4).
Reference(s)
ILOAT Judgment(s): 3073
Keywords:
criteria; patere legem; qualifications; selection procedure;
Judgment 3266
116th Session, 2014
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenged the decision not to promote him on the ground that the standard used was too demanding (exceptional performance).
Considerations 13, 14 and 15
Extract:
"At no point in the guidelines was there either expressly or impliedly a requirement that the individual who was being considered for promotion had to, in order to secure promotion, have performed their work or discharge their responsibilities in an exceptional manner.
It is true that twice in the Guidelines [...] the word “exceptionally” appeared. However, its use served the purpose of stating that promotion on merit would not be a usual or ordinary feature of employment within WIPO. That would doubtless be achieved by applying some rigour in the assessment process when applying the specified criteria. It would also be achieved if, as a practical matter (and as contemplated by paragraph 13 of the Guidelines [...]), a person was to be considered for promotion only if recommended by a supervisor and that supervisors exercise restraint in making such recommendations.
In the present case, the application of a test or standard that the complainant had to have discharged his responsibilities in an exceptional manner before he was promoted informed the decision-making of the Panel and the Appeal Board. Critically, for present purposes, it was also the test or standard used by the Director General in deciding, effectively, that the complainant should not be promoted [...]. It was a test or standard that misstated, and almost certainly overstated (in the sense that was too demanding), the criteria in the Guidelines."
Keywords:
criteria; promotion; staff regulations and rules;
Judgment 3224
115th Session, 2013
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully contests the termination of her appointment for unsatisfactory service, alleging the absence of a genuine assessment procedure.
Consideration 7
Extract:
"The Tribunal recalls that a staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service, so as to be in a position to remedy the situation, and to have objectives set in advance. It also recalls that an organisation cannot base an adverse decision on a staff member’s unsatisfactory performance if it has not complied with the rules governing the evaluation of that performance. Except in a case of manifest error, the Tribunal will not substitute its own assessment of a staff member’s services for that of the competent bodies of an international organisation. Nevertheless, such an assessment must be made in full knowledge of the facts, and the considerations on which it is based must be accurate and properly established (see Judgments 3070, under 9, 2468, under 16, and 2414, under 23 and 24)."
Reference(s)
ILOAT Judgment(s): 2414, 2468, 3070
Keywords:
condition; criteria; decision; due process; duty to inform; elements; exception; grounds; judicial review; limits; organisation's duties; patere legem; performance report; right; unsatisfactory service; work appraisal; written rule;
Judgment 3214
115th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully impugns the decision not to extend his appointment beyond retirement age.
Consideration 16
Extract:
The complainant complains about the length of time which elapsed between the filing of his request for the extension of his appointment beyond normal retirement age and the decision taken on it.
"Since under Article 54 of the Service Regulations the granting of an extension of an appointment is subject to the condition that it is justified in the interest of the service, the Organisation is right in saying that any decision on the subject can logically be taken only at a date relatively close to that on which the permanent employee concerned will reach normal retirement age. Indeed, if the Organisation were to proceed otherwise, the competent authority would not be in a position to make an informed assessment of the advisability of such an extension in light of that criterion."
Reference(s)
Organization rules reference: Article 54 of the Service Regulations for Permanent Employees of the EPO
Keywords:
acceptance; age limit; condition; criteria; date; decision; delay; extension beyond retirement age; organisation's interest; request by a party; retirement; staff regulations and rules;
Judgment 3157
114th Session, 2013
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the lawfulness of the selection process for a post for which he had unsuccessfully applied.
Considerations 9 and 11
Extract:
"[H]aving regard to the submissions [...], the Tribunal notes that the complainant was excluded from the technical evaluation on the grounds that he did not possess all the required qualifications, but that the [three] candidates shortlisted [...] did not possess them either. [...] [T]he complainant received unequal treatment when the shortlist was established. As the selection process is tainted with a flaw, the impugned decision must be set aside and the disputed appointment must be cancelled [...]. The Organization must shield the successful candidate from any injury that might result from the cancellation of his appointment, which he accepted in good faith."
Keywords:
appointment; breach; candidate; competition; competition cancelled; consequence; criteria; degree; equal treatment; good faith; grounds; internal competition; lack of injury; organisation's duties; procedural flaw;
Judgment 3073
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"According to the case law, an international organisation which decides to hold a competition in order to fill a post cannot select a candidate who does not satisfy one of the required qualifications specified in the vacancy notice. Such conduct, which is tantamount to modifying the criteria for appointment to the post during the selection process, incurs the Tribunal's censure on two counts. Firstly, it violates the principle of patere legem quam ipse fecisti, which forbids the Administration to ignore the rules it has itself defined. In this respect, a modification of the applicable criteria during the selection procedure more generally undermines the requirements of mutual trust and fairness which international organisations have a duty to observe in their relations with their staff. Secondly, the appointment body's alteration, after the procedure had begun, of the qualifications which were initially required in order to obtain the post, introduces a serious flaw into the selection process with respect to the principle of equal opportunity among candidates. Irrespective of the reasons for such action, it inevitably erodes the safeguards of objectivity and transparency which must be provided in order to comply with this essential principle, breach of which vitiates any appointment based on a competition. (See Judgments 1158, 1646, 2584 and 2712.)"
Reference(s)
ILOAT Judgment(s): 1158, 1646, 2584, 2712
Keywords:
amendment to the rules; appointment; breach; candidate; competition; condition; criteria; equal treatment; equity; flaw; grounds; organisation's duties; patere legem; safeguard; vacancy notice; working relations; written rule;
Judgment 3070
112th Session, 2012
International Office of Epizootics
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"According to the Tribunal's case law, a staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service, so as to be in a position to remedy the situation. Moreover, he or she is entitled to have objectives set in advance so that he or she will know the yardstick by which future performance will be assessed (see Judgment 2414, under 23). Precedent also has it that the procedure used for drawing up a performance appraisal forming the basis of a dismissal decision must always be adversarial (see, in particular, Judgments 2468, under 17, and 2515, under 18)."
Reference(s)
ILOAT Judgment(s): 2414, 2468, 2515
Keywords:
adversarial proceedings; criteria; date; duty to inform; organisation's duties; purpose; right; termination of employment; time limit; unsatisfactory service; work appraisal;
Judgment 2925
109th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"[I]t is neither unreasonable nor discriminatory for an international organisation to establish objective criteria, applicable in all cases, on the basis of which it may presume a person has made his or her permanent residence in a particular country. And in establishing objective criteria, it is neither unreasonable nor discriminatory to set specific periods of permanent residency. Further, it is not unreasonable or discriminatory to select different periods for those who are taking up duty in the country of their nationality and those who are taking up duty in a country of which they are not nationals."
Keywords:
allowance; criteria; duty station; equal treatment; nationality; permanent appointment; residence;
Consideration 6
Extract:
"The location of an employee's permanent home is a proper criterion for the award of an expatriation allowance, and the selection of nationality and permanent residence as objective facts by reference to which it may be determined whether his or her permanent home is or is not the country in which he or she will be working is appropriate and adapted to the general circumstances of a large workforce comprised of many different nationalities."
Keywords:
allowance; criteria; duty station; home; nationality; permanent appointment; residence;
Judgment 2924
109th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[T]he fact that a person was present in a country for the purpose of pursuing his or her studies may well be insufficient to establish permanent residence, particularly if there are strong links to another country."
Keywords:
allowance; criteria; permanent appointment; purpose; residence;
Judgment 2868
108th Session, 2010
South Centre
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 35-36
Extract:
"At the material time, the Centre had not formally adopted a procedure for the selection of candidates for vacant posts; however, it had developed a set of Guidelines."
"Although the Guidelines do not have the force of formally adopted regulations or rules, they are intended to foster a transparent selection procedure in which candidates are fairly evaluated against selection criteria. The process in the present case [...] undermines the credibility of the procedure and is an affront to the dignity of the complainant, who submitted his candidature in good faith and with the expectation that it would be considered in accordance with the procedure found in the Guidelines."
Reference(s)
ILOAT Judgment(s): 1077, 2393
Keywords:
candidate; competition; criteria; difference; procedure before the tribunal; respect for dignity;
Judgment 2835
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"[T]here is nothing inherently wrong with the promotion of a candidate having less seniority where specific skills are required for a position."
Keywords:
candidate; criteria; equal treatment; promotion; qualifications; seniority;
Judgment 2834
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The Tribunal rejects the complainant's allegation of unequal treatment. The allegation is based on the fact that individuals having less seniority and lower-rated staff reports were invited to the assessment centre. According to the vacancy note, a candidate was expected to demonstrate the ability to manage a directorate comprising 25 to 30 examiners; particular attention would be paid to management potential, and a candidate would be assessed on the basis of his or her ability to manage, resolve disputes, implement policies, and communicate and interact with others. As these managerial skills are not a function of seniority or the requisite skills of an examiner, it cannot be said that preferring candidates with potential managerial skills over those with greater seniority or higher ratings as examiners constitutes unequal treatment."
Keywords:
candidate; criteria; equal treatment; performance report; promotion; seniority;
Consideration 10
Extract:
"The complainant's plea that the decision not to invite him to an assessment was not based on objective and transparent criteria and was arbitrary appears to be grounded on the complainant's view that other less meritorious and less senior candidates were invited to participate in the assessment centre. Given that a key requirement identified in the vacancy note was managerial skills, in the absence of some evidence showing that the complainant possesses managerial ability or that he has the potential to be a good manager, the complainant's assertion is speculative at best."
Keywords:
burden of proof; candidate; competition; criteria; evidence; promotion; seniority;
Judgment 2833
107th Session, 2009
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
In March 2006 the complainant, who had been assigned to Zimbabwe since 1996, applied for a transfer, in the same grade, to ILO headquarters in Geneva to occupy the advertised post of Senior Procurement Officer. His candidature was rejected because he failed to meet three of the core requirements listed in the vacancy notice. Circular No. 658, series 6, states that the Office should ensure, in particular, that 'priority for mobility is given to staff members who have completed their tours of duty', i.e. their assignment in a particular duty station.
"It is not disputed that the complainant can avail himself of the mobility rules to return, as and when appropriate, to the Organization's headquarters. But that does not, of course, mean that he has a right to return to headquarters to take up a particular post without it being determined beforehand that the post to which he aspires corresponds to his skills."
Reference(s)
Organization rules reference: Circular No. 658, series 6
Keywords:
administrative instruction; competition; condition; criteria; duty station; field; grade; grounds; headquarters; organisation's duties; period; post; priority; qualifications; reassignment; refusal; request for transfer; right; vacancy notice; written rule;
Judgment 2788
106th Session, 2009
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[The] purpose [of probation] is to provide an organisation with an opportunity to assess an individual's suitability for a position. In the course of making this assessment, an organisation must establish clear objectives against which performance will be assessed, provide the necessary guidance for the performance of the duties, identify in a timely fashion the unsatisfactory aspects of the performance so that remedial steps may be taken, and give a specific warning that the continued employment is in jeopardy (see Judgment 2529, under 15)."
Reference(s)
ILOAT Judgment(s): 2529
Keywords:
candidate; criteria; definition; fitness for international civil service; organisation; organisation's duties; post; probationary period; purpose; qualifications; refusal; unsatisfactory service; warning; work appraisal;
Judgment 2712
104th Session, 2008
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Organization appointed a candidate who did not meet one of the conditions stipulated in the vacancy announcement. "[I]t must be observed that the other applicants [...] were [...] eliminated improperly and that other potential candidates might have been dissuaded from applying because they did not meet the condition of having 15 years of experience as stipulated in the vacancy notice, though this was ultimately not applied to the successful candidate. Thus, the whole competition became a sham." The appointment of the successful candidate must therefore be set aside.
Keywords:
appointment; candidate; competition; competition cancelled; criteria; flaw; post; professional experience; refusal; vacancy notice;
Consideration 6
Extract:
The Organization appointed a candidate who did not meet one of the conditions stipulated in the vacancy announcement. "[T]he fact that the appointment of the successful candidate, who happens to be Lebanese, conveniently enabled WIPO to achieve some of its management goals, such as that of increasing the proportion of women in senior management positions or that of the geographical distribution of its officials [...] is [...] irrelevant in this case. However legitimate these goals may be, they could not override the Organization's obligation to appoint to the post in question a candidate who possessed the required qualifications and experience initially stipulated. Geographical origin could be taken into consideration only if the opposing candidates were of equal merit."
Keywords:
appointment; candidate; competition; criteria; geographical distribution; increase; nationality; organisation; organisation's duties; place of origin; post; professional experience; purpose; qualifications; vacancy notice;
Judgment 2597
102nd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The expatriation allowance [...] is intended to compensate for certain disadvantages suffered by persons who are obliged, because of their work, to leave their country of origin and settle abroad. The disadvantages are indeed greater for them than for those who do not have the nationality of the country of their duty station either, but who have been living in that country for quite a long time before taking up their duties. Equal treatment demands that the provisions establishing the right of international civil servants to receive an expatriation allowance take fair and reasonable account of these different situations. The length of time for which foreign permanent employees have lived in the country where they will be serving, before they take up their duties, therefore forms an essential criterion for determining whether they may receive this allowance. It has been held that the period of three years' residence required by Article 72(1)b) of the Service Regulations is not unreasonable (see Judgment 1864, under 6)."
Reference(s)
Organization rules reference: Article 72(1)b) of the Service Regulations
ILOAT Judgment(s): 1864
Keywords:
allowance; compensatory measure; criteria; duty station; equal treatment; nationality; non-resident allowance; purpose; residence; time limit;
Judgment 2553
101st Session, 2006
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
Harassment is described in IAEA staff notice SEC/NOT/1922 as follows:
"Harassment is any conduct or comment made by a staff member or group of staff members on either a one-time or continuous basis that demeans, belittles or causes personal humiliation. It can take many different forms, including, for example: threatening comments, whether oral or written, or threatening physical behaviour; intimidation, blackmail or coercion; making deliberate insults related to a person's personal or professional competence; humiliating, degrading or making offensive or abusive personal remarks to someone; undermining or isolating people; or making it impossible for staff to do their job by, for example, withholding information."
"This is a very broad definition, no doubt designedly so. It requires reasonable interpretation and application to the circumstances of each particular case. It contains both subjective and objective elements: did the alleged victim actually feel humiliated, offended or intimidated by the impugned conduct, and was such conduct, viewed objectively, of a nature reasonably to humiliate, offend or intimidate? Where the impugned conduct consists of words, although truth will not always constitute a complete defence, an inquiry as to whether such words may or may not reasonably be true is obviously relevant. Likewise, an inquiry as to whether the speaker's words can reasonably be seen as a reference to the performance of duties and are not merely gratuitous comments will be germane. Personal characteristics such as gender, race and ethnicity as well as the reasonableness of the sensitivities of the alleged victim, must also be weighed in considering both questions. Similarly, any previous history of relations between the alleged victim and the alleged offender may be relevant and, while a single injurious action may by itself be enough to constitute harassment, an otherwise apparently inoffensive comment may, with repetition, become a legitimate source of grievance.
In the final analysis, the question as to whether any particular act or series of acts amounts to harassment is one of fact to be answered only after careful consideration of the above factors and an examination of all the surrounding circumstances."
Reference(s)
Organization rules reference: IAEA staff notice SEC/NOT/1922
Keywords:
breach; conduct; continuing breach; criteria; definition; difference; harassment; information note; interpretation; judicial review; moral injury; official; organisation's duties; purpose; qualifications; respect for dignity; sex discrimination; working relations; written rule;
Judgment 2524
100th Session, 2006
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 25
Extract:
"There were [...] fundamental errors of law in the approach of the [Joint Appeals] Panel. It proceeded on the basis that it was necessary to establish an intention to 'intimidate, insult, harass, abuse, discriminate or humiliate a colleague' and concluded that there must be 'bad faith or prejudice or other malicious intent' before that intention could be inferred. That is not correct. Harassment and mobbing do not require any such intent. However, behaviour will not be characterised as harassment or mobbing if there is a reasonable explanation for the conduct in question. (See Judgment 2370, under 17.) On the other hand, an explanation which is prima facie reasonable may be rejected if there is evidence of ill will or prejudice or if the behaviour in question is disproportionate to the matter which is said to have prompted the course taken."
Reference(s)
ILOAT Judgment(s): 2370
Keywords:
bias; criteria; evidence; good faith; harassment; moral injury; organisation's duties; respect for dignity;
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