General principle (181, 182, 183, 184, 185, 186, 187, 188, 189, 900, 663, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 645, 209, 211, 664,-666)
You searched for:
Keywords: General principle
Total judgments found: 222
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Judgment 409
44th Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The principle is not of course that all staff members must be equally treated; this would mean the abolition of grades. The principle is that all staff members in similar circumstances must be similarly treated. When, as here, there is a change in the rules, the circumstances change and the principle does not apply."
Keywords:
amendment to the rules; equal treatment; general principle; limits; provision; staff regulations and rules;
Judgment 391
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The principle of equality means that those in like cases should be treated alike, and that those who are not in like cases should not be treated alike. It is not violated if officials in different circumstances are treated differently."
Keywords:
equal treatment; general principle;
Judgment 368
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The principle of equality means that where the facts are the same the treatment is the same."
Keywords:
equal treatment; general principle;
Judgment 367
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"Just as it is implicit in every contract of service that the staff member shall be loyal, shall treat his superiors with due respect and shall guard the reputation of the organization, so it is implicit that the administration in its treatment of staff members shall have a care for their dignity and reputation and shall not cause them unnecessarily personal distress."
Keywords:
general principle; organisation's duties; organisation's reputation; professional injury; respect for dignity; staff member's duties; supervisor;
Judgment 357
41st Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
One may ask whether the application of the former text is "warranted by the rule precluding retroactivity, which removes from the ambit of new law facts and events which were completed by the time that law came into force. Insofar as the accumulated annual leave in the present case became due before [the implementation of the new provision], is there not a completed set of facts which [...] continues to be subject to the former law ?" The Tribunal need not settle the point.
Keywords:
amendment to the rules; general principle; non-retroactivity; provision; staff regulations and rules;
Judgment 347
40th Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The principle of equality, which is embodied in [the Staff Regulations], may be infringed in one of two ways: either by treating differently cases which are plainly alike, or by treating in the same way cases which are plainly unlike."
Keywords:
breach; condition; equal treatment; general principle;
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 308
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The relevant provision "cites one application of the general principle of equality which governs all aspects of the [organisation's] relations with its staff members. The complainants may therefore rely upon that principle [...] but the general principle of equality does not mean that all [...] staff members [of the organisation] should be subject to identical rules. rather it is reflected in the rule that like circumstances call for like treatment, different ones for different treatment."
Keywords:
equal treatment; general principle;
Judgment 294
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"[T]he principle of equality of treatment is an implied condition of employment and the introduction of an amendment which fails to observe it is a breach of that condition."
Keywords:
equal treatment; general principle; terms of appointment;
Judgment 250
34th Session, 1975
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Assuming that the terms of appointment entitling the complainant to compensation cover only cases of illness which are the direct result of his duties, by reason of the particularly demanding nature thereof, "the complainant would be entitled, quite apart from the terms of his appointment and in accordance with the general principles of liability in public law, to full compensation for any prejudice suffered by him and its direct consequences, including, for example, chronic or temporary disability."
Keywords:
compensation; general principle; illness; injury; invalidity; liability; right; service-incurred;
Judgment 229
32nd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2(c)
Extract:
The complainant had in fact exercised her right to a hearing when she sent the Director-General a letter which included an account of her position. "She has no grounds for complaining that the Director-General did not interview her personally since the right to a hearing does not imply any right to plead one's case orally before the Director-General."
Keywords:
consequence; contract; fixed-term; general principle; non-renewal of contract; right to reply;
Judgment 217
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The principle, "which would be applicable even in the absence of a specific provision, is intended to ensure that persons who are in similar circumstances in fact and in law are put on the same legal footing."
Keywords:
equal treatment; general principle;
Judgment 208
30th Session, 1973
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"According to [a] principle which is applicable in international organisations as a general rule of law, even if not embodied in any specific text, persons who find themselves in a similar factual and legal position should be put on the same legal footing."
Keywords:
equal treatment; general principle; no provision;
Consideration 6
Extract:
"[T]he principle of equality must be applied within the limits imposed by efficient administration. [I]t would therefore be unreasonable to require an organisation to review the terms of appointment of all its staff in the light of the principle of equality as a result of changes in standards of recruitment."
Keywords:
amendment to the rules; enforcement; equal treatment; general principle; limits; terms of appointment;
Judgment 202
30th Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"That principle, [...] which would be applicable even in the absence of a specific provision, is intended to ensure that persons who are in similar circumstances in fact and in law are put on the same legal footing."
Keywords:
enforcement; equal treatment; general principle; no provision;
Judgment 176
26th Session, 1971
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"[T]he principle of limitation of liability has been accepted in many systems of law. [I]t is far from clear that it governs the relations between the United Nations and its officials, since the Statute of the Administrative Tribunal of the United Nations makes provision for exceptional cases. To the extent to which it does govern such relations, it operates solely by virtue of an express provision in that statute."
Keywords:
enforcement; general principle; liability; limits; unat statute;
Consideration 3
Extract:
"[T]he principle of limitation of liability has been accepted in many systems of law. The basis of it is that in certain spheres of operation it is considered to be in the public interest that a ceiling should be placed on the offender's liability for fault, the injured person being left, if he so desires, to insure himself against any excess."
Reference(s)
ILOAT Judgment(s): 136
Keywords:
compensation; general principle; injury; liability; limits;
Judgment 122
20th Session, 1968
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Staff Regulations are, as a whole, applicable only to those categories of persons expressly specified therein. However, some of their provisions are merely the translation into written form of general principles applicable to any employees having any link other than a purely casual one with the organisation. These principles may not lawfully be ignored in individual contracts. "This applies in particular to the principle that any employee is entitled in the event of a dispute with his employer to the safeguard of some appeals procedure."
Keywords:
contract; enforcement; general principle; law of contract; locus standi; right of appeal; safeguard; status of complainant;
Judgment 92
16th Session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
When a complainant seeks to have a general provision abrogated, "the Administrative Tribunal must confine itself to considering the legality of the provision and, if it is found to be invalid, to rescinding the decision by which it was applied or the consequential decisions [...]. The Tribunal must consider whether [the material provision] is in contradiction with a general principle of law, and if so, whether the decision impugned should consequently be rescinded."
Keywords:
application for quashing; competence of tribunal; enforcement; general decision; general principle; individual decision; judicial review; provision; staff regulations and rules;
Consideration 4
Extract:
Applicable even when not laid out in a specific text, the right to be heard "implies that every official shall have the opportunity of consulting the documents needed to defend his legitimate interests."
Keywords:
consequence; disclosure of evidence; general principle; no provision; right to reply;
Judgment 53
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In the absence of relevant provisions in the Staff Rules, the general principle of law according to which the payer is entitled to pursue the recovery against the payee of sums paid in error is applicable to the present case."
Keywords:
applicable law; general principle; no provision; recovery of overpayment;
Consideration 4
Extract:
"It is open to the organization to require by decision taken in reasonable time reimbursement in whole or in part of the overpayment, account being taken of all the circumstances of the case, including inter alia the bona or mala fides of the official, the nature of the error, the degree of negligence of the organization and of the official and the hardship caused to the official by any subsequent recovery in consequence of an error of the organization."
Keywords:
complainant; general principle; good faith; negligence; organisation; reasonable time; recovery of overpayment; request by a party; time limit;
Judgment 51
8th Session, 1960
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Any authority is bound by its own rules for so long as such rules have not been amended or abrogated."
Keywords:
general principle; patere legem;
Judgment 28
6th Session, 1957
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (A)
Extract:
"The complainant wrongly alleges that english law is applicable as his national law, whereas the Tribunal is bound exclusively by the internal law of the organisation [...] as well as by general principles of law."
Keywords:
applicable law; arbitration; domestic law; enforcement; general principle; staff regulations and rules;
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