Exception (113,-666)
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Keywords: Exception
Total judgments found: 212
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Judgment 335
40th Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
According to the regulations, by special decision and in exceptional circumstances, the place of origin of a staff member may be altered while the staff member is in service to the organisation. "The provisions do not specify the circumstances which warrant a change in the place of origin and they leave the matter to the discretion of the competent authority." Limited power of review by the Tribunal.
Keywords:
amendment to the rules; discretion; exception; home; judicial review; place of origin;
Judgment 322
39th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The Tribunal hears the complaints submitted to it on the basis of Staff Regulations and Staff Rules. "In reaching its decisions it construes such texts by the accepted methods of legal interpretation. It also draws upon general principles of law in so far as they may apply to the international civil service. It takes no account of municipal law, however, except insofar as such law embodies those principles."
Keywords:
applicable law; case law; domestic law; enforcement; exception; general principle; tribunal;
Judgment 306
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The ninety-day time limit expired on 9 May; but since this day was a sunday, the complaint registered by the Registry on 10 May was receivable.
Keywords:
complaint; exception; public holiday; receivability of the complaint; time limit;
Judgment 267
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The age limit for headquarters officials is 62, unless otherwise decided by the Director-General for exceptional reasons; for field officials there is a possibility of remaining in service until 65, but not as a matter of course [not applicable to holders of fixed-term appointments]. The complainant had been appointed project director; he was subsequently recalled to headquarters and informed that his contract would terminate. The Tribunal dismisses his claim for the quashing of the decision to retire him.
Keywords:
age limit; contract; difference; discretion; exception; executive head; extension beyond retirement age; field; headquarters official; retirement;
Judgment 255
34th Session, 1975
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
On 23 January the complainant received an appraisal report. On 20 March he requested that a proper appraisal be made. The letter of 23 January "is not expressed as a decision but as a letter enclosing an appraisal report [...] The complainant [...] did not wish to disagree with the report; he wished to contend that it was not an appraisal report at all and to obtain what he called a proper report. He was within his rights in taking this course by his letter of 20 March; and since the Director-General has failed to act upon it paragraph 3 of Article VII applies."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords:
exception; failure to answer claim; omission; performance report; receivability of the complaint;
Judgment 253
34th Session, 1975
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (E)
Extract:
"[A]fter filing her complaint and subsequently obtaining satisfaction the complainant withdrew suit and [...] she should therefore be awarded costs - as indeed the organization agrees - which [...] are fairly determined at 520 dollars".
Keywords:
case pending; costs; exception; settlement out of court; withdrawal of suit;
Judgment 249
34th Session, 1975
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant "did not appeal to the Tribunal against either decision within the statutory time limits. The decisions have therefore become final and are no longer open to appeal unless the Secretary-General exercises his power to reopen the case."
Keywords:
case reopened; decision; exception; internal remedies exhausted; receivability of the complaint; time bar; time limit;
Judgment 236
32nd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"It has for many years past been the practice of the Tribunal to allow oral proceedings only in exceptional cases [...] The argument which the complainant wishes to advance at an oral hearing [does] not touch upon the issue of receivability upon which [...] the Tribunal decides this case. The request is therefore refused."
Keywords:
exception; oral proceedings; refusal; tribunal;
Judgment 225
32nd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
Under the material provision, a staff member may with the consent of the Director-General waive the jurisdiction of the internal body and appeal directly to the Administrative Tribunal. "[T]he Director-General's authorization of such waiver is a derogation from the normal procedure prescribed by the Staff Regulations and can properly be allowed only in exceptional cases which the Director-General himself shall determine. The Administrative Tribunal is not competent to waive the requirement that the complainant should first appeal to [the internal body]."
Keywords:
acceptance; competence of tribunal; direct appeal to tribunal; discretion; exception; executive head; internal remedies exhausted; receivability of the complaint;
Judgment 223
31st Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The retirement age is fixed at sixty. "[I]n exceptional cases the Director may retain an official in service until the age of sixty-five. The text [...] allows the Director full discretion in determining the special cases in which an official may be retained in service beyond the normal age limit. The Director thus enjoys discretionary power in this respect".
Keywords:
age limit; contract; discretion; exception; extension beyond retirement age; judicial review; retirement;
Judgment 204
30th Session, 1973
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Under the applicable provision, the pensionable age for officials is 62. The Director-General's decision was taken in pursuance of the above-mentioned provision. Although the provision empowers the Director-General to retain the services of an official beyond the age-limit, this derogation is confined to exceptional cases and lies within the discretion of the head of the organisation. In the present case, the Director-General's appraisal of the facts shows none of the flaws which the Tribunal may correct.
Keywords:
age limit; contract; discretion; exception; extension beyond retirement age; judicial review; provision; retirement; staff regulations and rules;
Judgment 201
30th Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"There is no provision in the Statute or Rules of Court of the Administrative Tribunal for the revision of its judgments. Such a complaint could therefore be considered by the Tribunal only in quite exceptional circumstances".
Keywords:
application for review; exception; finality of judgment; judgment of the tribunal;
Judgment 185
27th Session, 1971
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The regional administration failed to reply because it made a reply conditional on a matter unrelated to the request. "The position thus taken up by the administration misled [the complainant] and prevented him from following the procedure laid down [in the Staff Rules]. There is all the more reason for taking account of his error inasmuch as the [...] Rules do not mention the general rule of law [...] whereby the silence of the administration after a certain period is equivalent to rejection of a claim."
Keywords:
complaint; direct appeal to tribunal; exception; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; negligence; organisation; receivability of the complaint; time bar;
Judgment 180
27th Session, 1971
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The prescribed time limit must be held to have been observed if a complaint [...] has been filed with [the Tribunal] late, but was sent within the period of 90 days to the Administrative Tribunal of the United Nations. This interpretation is justified because of the links between the international organisations, and in particular by the fact that some staff members" fall within the jurisdiction of the latter Tribunal in matters concerning their pension rights.
Keywords:
complaint; exception; iloat; new time limit; receivability of the complaint; remand; time bar; unat;
Judgment 152
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on the decision on probation
Extract:
A manual provision provides that staff members recruited by the Organization "after serving with the United Nations or another specialised agency may be exempted from serving a probationary period [...] This provision [...] does not confer any right on the person concerned, but merely gives the chief of the Personnel Department authority to waive the requirement if he is satisfied that it is appropriate to do so."
Keywords:
discretion; exception; probationary period;
Judgment 150
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The resignation of an official of an organization entails the termination of his appointment unless it is established that the resignation was not given voluntarily."
Keywords:
consequence; exception; lack of consent; resignation; separation from service;
Judgment 147
23rd Session, 1970
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Although a provision of the Staff Rules allows the Appeals Board "in exceptional cases [to] waive the time-limit, the fact [...] that [the complainant], as a result of a mistake committed in good faith, addressed himself directly to the Administrative Tribunal, was not regarded by the [...] Appeals Board as an exceptional circumstance covered by the above-mentioned provision."
Keywords:
direct appeal to tribunal; exception; good faith; internal appeal; receivability of the complaint; time bar;
Judgment 115
18th Session, 1967
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Under the applicable provision, the end of the period covered by the report "will normally coincide" with the date of the increment. "It is clear from the use of the word 'normally' that this provision is not mandatory and allows of exceptions to the rule in specific cases", in particular when as in the present case the complainant's service has been interrupted on account of illness and her supervisor understandably wished to discuss matters with her before making an evaluation of her performance.
Keywords:
date; exception; increment; organisation's duties; performance report; sick leave;
Judgment 113
18th Session, 1967
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"As a general rule, amendments made to the Staff Regulations by the competent authority apply forthwith to serving staff members. It is otherwise, however, when the Regulations themselves lay down that the status of staff members in any particular respect is finally settled at a specific date."
Keywords:
acquired right; amendment to the rules; enforcement; exception; provision; staff regulations and rules;
Judgment 87
15th Session, 1965
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"If the administrative authorities of [the organization] consider that an official has behaved improperly, they are normally required to follow the disciplinary procedure laid down by [the applicable text], which provides specific safeguards for the official concerned. Consequently, by reason of its severity and of the fact that no formalities are prescribed for its application summary dismissal must necessarily be an exceptional measure which can be allowed only under an express provision and in accordance with the terms of such provision."
Keywords:
disciplinary procedure; enforcement; exception; misconduct; provision; safeguard; serious misconduct; staff regulations and rules; termination of employment;
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