Case law (179, 687, 856,-666)
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Keywords: Case law
Total judgments found: 279
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Judgment 1153
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"As the case law makes plain - for example, Judgments 687 [...] and 736 [...] - a decision not to confirm a probationer's appointment is a matter of discretion [...] and the Tribunal will not substitute its own judgment for the organisation's in matters that require such exercise of discretion. [...] Although the Tribunal may review the lawfulness of the dismissal, the nature of the decision is such that its power of review is limited. It will set aside the decision only if there was a mistake of fact or law".
Reference(s)
ILOAT Judgment(s): 687, 736
Keywords:
case law; discretion; judicial review; probationary period; termination of employment;
Judgment 1151
72nd Session, 1992
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"According to consistent precedent, a decision to appoint or promote a staff member, even though it is a matter of discretion, may be set aside, and one flaw that will be fatal is that it was taken without authority."
Keywords:
appointment; case law; competence; decision; decision-maker; discretion; judicial review; promotion;
Judgment 1150
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"In interpreting the term 'continuously resident' in Judgment 1099 [...] the Tribunal held that the condition turned on the existence of objective and factual links with the country and that the test was one of simple residence. The purpose of the rule is to grant an allowance to the official who has no affinity with the country of his duty station. To make that clear, Article 72(3) [of the Service Regulations of the EPO] further provides that the allowance may be paid to the staff member who, even though he is a national of the country in which he is serving, has been continuously resident for at least ten years in another country."
Reference(s)
Organization rules reference: ARTICLES 72(1) and 72(3) OF THE EPO SERVICE REGULATIONS
ILOAT Judgment(s): 1099
Keywords:
case law; duty station; non-resident allowance; residence; staff regulations and rules;
Judgment 1149
72nd Session, 1992
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"According to the case law, the scope of claims to the Tribunal may not go beyond that of the claims that formed part of the internal appeal, since any claim that goes further is barred under the rule in Article VII(1) of the Tribunal's Statute that the complainant must have exhausted the internal means of redress."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
case law; claim; iloat statute; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 1100
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complaint is premature. The organisation claims an award of costs against the complainant. "In Judgment 885 the Tribunal addressed the issue of abuse of the right of appeal. It said that it was for the Tribunal itself to determine whether a complainant had abused that right and, if so, what ruling was fitting in the circumstances. In Judgment 1056, however, it held that such a ruling may not include an award of costs against the complainant."
Reference(s)
ILOAT Judgment(s): 885
Keywords:
case law; costs; counterclaim; iloat; refusal; tribunal; vexatious complaint;
Judgment 931
65th Session, 1988
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"In the matter of costs the Tribunal has absolute authority that no text can fetter. It is plain from the case law that its ruling on costs will depend on the circumstances of the case. Even if it had held this complaint receivable and well founded, it would not necessarily have made any award."
Keywords:
case law; competence of tribunal; costs; iloat;
Judgment 860
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
"Desirable though it may be that the various bodies that hear disputes in the international civil service take account of each other's rulings, each of them has a legal context of its own and will rule by its own lights on any case before it."
Reference(s)
ILOAT Judgment(s): 657
Keywords:
applicable law; application for review; case law; effect; european court of justice (ecj); iloat; judgment of the tribunal; law of european communities;
Judgment 803
61st Session, 1987
International Computing Centre (World Health Organization)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
According to the Tribunal's case law, a contract is concluded only if both parties have shown contractual intent, all the essential terms have been agreed on and all that may remain is a formality requiring no further agreement. The Tribunal holds that in this case those conditions are not fulfilled. The complainant neither accepted the work plan put to him by the defending organisation nor proved that promises were made to him.
Keywords:
case law; condition; contract; definition; iloat; intention of parties; lack of evidence; promise;
Judgment 666
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"As the Tribunal has consistently held, an allowance may form an essential part of the official's contract in that he considered it to be of decisive importance when he accepted employment, and its abolition would therefore constitute breach of an acquired right; but he has no acquired right to the actual amount of the allowance or to continuance of any particular method of reckoning it. Indeed he must expect these to change as circumstances change."
Keywords:
acquired right; allowance; amendment to the rules; amount; case law; discontinuance; education expenses; reckoning;
Judgment 611
53rd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"In two of its judgments the Tribunal has already ruled on a text akin to [the rule in question, which prescribes the organization's rights in work produced by its staff] and upheld it as valid. The precedents bear out Unesco's interpretation of that rule. [Furthermore], fairly similar provisions are to be found in legislation in several countries. Accordingly, even if the rule does not reflect any universally acknowledged concept it must be given some weight."
Keywords:
case law; domestic law; organisation; proprietary rights; publication;
Judgment 607
52nd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"The complainant held a fixed-term appointment. On the expiry of each period of appointment the organization may, under the provisions cited [...], decide against renewal. But the existence of the provisions constitutes no bar to applying the case law. Otherwise all an organisation need do to evade review by the Tribunal and deprive a fixed-term official of a form of protection he is entitled to would be to provide that he had no right to renewal."
Keywords:
case law; contract; fixed-term; judicial review; non-renewal of contract;
Judgment 549
50th Session, 1983
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The principles on which the Tribunal exercises a limited power of review of decisions of the Director General not to renew a fixed-term contract are now established in the Tribunal's jurisprudence and are not in any material point in this case in dispute. It is therefore unnecessary to restate them in general terms."
Keywords:
case law; contract; fixed-term; non-renewal of contract;
Judgment 493
48th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In accordance with Article II of its Statute, [the Tribunal] hears complaints alleging the non-observance of terms of appointment or of the Staff Regulations. In reaching its decisions it construes such texts by the accepted methods of legal interpretation. It also draws upon general principles of law insofar 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."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
case law; competence of tribunal; domestic law; enforcement; general principle; iloat statute; international civil service principles; interpretation;
Judgment 469
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Staff Rules provide both for automatic termination of contract and advance notice. The Tribunal has consistently found that a decision not to re-appoint is required, as well as notice before the prescribed date. "To interpret the rule as terminating the appointment automatically on the expiry date whether or not a notification was given would not only do violence to the text by rendering the provision for notification otiose, but would also be unreasonable and unfair [...]."
Keywords:
case law; contract; date; fixed-term; interpretation; non-renewal of contract; notice; organisation's duties; provision; staff regulations and rules;
Judgment 382
42nd Session, 1979
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The decision of the Secretary-General of the United Nations to apply the [general service salary] scales which are now in force in its Geneva office was challenged by an official of the United Nations in case no. 225 [...] before the Administrative Tribunal of the United Nations. This Tribunal is satisfied that the United Nations Tribunal is the proper forum for the determination of this issue. That Tribunal upheld as valid the decision of the Secretary-General of the United Nations." The decision taken by the Secretary-General of the WMO to apply those scales therefore stands.
Keywords:
amendment to the rules; case law; competence; enforcement; general service category; judgment of the tribunal; scale; unat;
Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
It is significant that the defendant organisation has provided for the application of the United Nations Staff Rules and Regulations. "This Tribunal would therefore hesitate to depart from any interpretation which had been placed upon any regulation by the United Nations Tribunal. The fundamental question in issue cannot, however, be decided as a matter of pure interpretation." [cf. UNAT case No 225; UNAT Judgment No. 236]
Reference(s)
ILOAT Judgment(s): 236
Keywords:
case law; consequence; enforcement; iloat; interpretation; judgment of the tribunal; staff regulations and rules; unat;
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 101
17th Session, 1967
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The organisation may not be held to have misled the Tribunal by not referring to the case law; it is for the Tribunal itself to identify all relevant decisions.
Keywords:
application of law ex officio; case law;
Judgment 13
4th Session, 1954
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance
Extract:
The existence of a secret document vitiates the equitable application of the Regulations and affects both the interests of the staff as a whole and that of justice itself. "Vide, Judgment No. 15 of the United Nations Administrative Tribunal: 'the applicant cannot be penalised because certain information is considered by the respondent as confidential and the applicant has no opportunity either of knowing that the reason is or of challenging it."
Keywords:
case law; confidential evidence; disclosure of evidence; flaw; judgment of the tribunal; organisation; refusal; right to reply; unat;
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