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 2662

  
  103rd Session, 2007
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  The complainant contends that there was a violation of Article 6 of the European Convention on Human Rights. "Reliance on the Convention is misplaced as it is not applicable to international organisations. The complainant's rights are those derived from the Staff Regulations and Staff Rules and from the general principles of law applicable to such organisations."

  Keywords:

  breach; complainant; enforcement; general principle; international civil service principles; international instrument; organisation; provision; right; staff regulations and rules;
  

  
  
  

• Judgment 2647

  
  103rd Session, 2007
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  An external candidate was appointed to the post the complainant had applied for. The complainant contends that, contrary to the Staff Regulations, the applications of candidates already in the Organization's service were not given priority of consideration over those of external candidates. "It is convenient to recall that the Tribunal held in Judgment 107, under 1, that:
  'although the Organization is bound to have full regard to the qualifications and experience of persons already in its service, this does not mean that it must necessarily always appoint them in preference to outside applicants. If this privilege were automatically to be granted to the serving staff, the Organization might be led to take decisions contrary to its own interests, a situation which was certainly not intended by those who drafted the Staff Regulations. The position is that persons already in the service of the Organization have priority only if their qualifications appear to be at least equal to those of other candidates.'
  Those principles were duly taken into account in the selection process, which was carefully and correctly conducted by the Organization, and while the qualifications and experience of the complainant are to be noted, they do not automatically give her a right of precedence over other candidates for the advertised post."

  Reference(s)

  ILOAT Judgment(s): 107
  

  Keywords:

  appointment; candidate; competition; condition; decision; general principle; internal candidate; organisation's duties; organisation's interest; post; priority; procedure before the tribunal; professional experience; provision; purpose; qualifications; staff regulations and rules;
  

  
  
  

• Judgment 2646

  
  103rd Session, 2007
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 13-14

  Extract:

  The complainant was dismissed at the end of his probationary period. He states that despite his repeated requests he was never transferred to another directorate. "As to the case law, the complainant relies on Judgment 396 in support of [this] assertion [...]. The issue in that case was whether the head of the Organisation had correctly applied a particular provision of the Staff Regulations authorising him to terminate the appointment of a probationer at any time in the Organisation's interests. The Tribunal stated that '[a]s a rule, before a [probationer] is dismissed thought should be given to transferring him to some other post on trial, especially if he is junior in rank'. It must, however, be noted that this was said in the context of a misunderstanding between the probationer and his supervisor and the Tribunal's observation that such a misunderstanding does not necessarily justify instant dismissal. In the present case, the stated reason for the dismissal was poor performance.
  To conclude that in situations of poor performance a staff member on probation will always be entitled to a transfer prior to being dismissed undermines the whole purpose of probationary terms. In some circumstances a transfer may be the proper option, but the circumstances of the present case do not warrant this finding."

  Reference(s)

  ILOAT Judgment(s): 396
  

  Keywords:

  case law; discretion; enforcement; executive head; general principle; grounds; organisation; organisation's duties; organisation's interest; post; probationary period; provision; purpose; refusal; request by a party; right; staff regulations and rules; supervisor; termination of employment; transfer; unsatisfactory service; working relations;
  

  
  
  

• Judgment 2638

  
  103rd Session, 2007
  World Trade Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "The main justification for granting benefits such as home leave or an education grant to some staff members is not that the beneficiaries have a particular nationality, but that their duty station is not in their recognised home country. Far from being discriminatory, such practices, which moreover exist in most international organisations, are designed to restore a degree of equality between officials serving in a foreign country and those who are working in a country where they normally have their home. The two categories cannot be regarded as being in identical situations. Consequently, according to firm precedent, the principle of equality must not lead to their being treated in an identical manner when a difference in treatment is appropriate and adapted (see Judgment 2313 [...])."

  Reference(s)

  ILOAT Judgment(s): 2313
  

  Keywords:

  allowance; breach; difference; duty station; education expenses; equal treatment; general principle; home; home leave; nationality; official; organisation's duties; place of origin; practice; purpose; rule of another organisation;
  

  
  
  

• Judgment 2637

  
  103rd Session, 2007
  World Trade Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 22

  Extract:

  The complainant requests that the effective date of the administration's decision to grant her international status be changed to December 1991 instead of August 2005. "[I]t may be noted that, exceptionally, retroactive effect may be granted to a decision where the effect is favourable to a staff member (see Judgment 1130). In the present case, however, a grant of retroactivity would confer no benefit on the complainant either in relation to home leave or education grant. In the circumstances, the rule against retroactivity should be applied."

  Reference(s)

  ILOAT Judgment(s): 1130
  

  Keywords:

  allowance; amendment to the rules; claim; date; decision; education expenses; effect; enforcement; exception; general principle; home leave; non-local status; non-retroactivity; official; staff member's interest; withdrawal of decision;
  

  
  
  

• Judgment 2636

  
  103rd Session, 2007
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 14

  Extract:

  "The terms of Article II of the Statute of the Tribunal [...] dictate that various [...] claims for relief are not receivable. The claim that the Tribunal make appropriate orders to enable investigation of the complainant's allegations by the Swiss authorities falls into this category. The complainant's rights are those that derive from the terms of his appointment, the applicable Staff Regulations and those general legal principles recognised by the Tribunal as applicable to all international civil servants. None of these confer any right on the complainant to rely on Swiss law in his claims against WIPO and, consequently, there is no power in the Tribunal to make any order in that regard."

  Reference(s)

  ILOAT reference: Article II of the Statute
  
  

  Keywords:

  applicable law; claim; competence of tribunal; contract; domestic law; general principle; iloat statute; inquiry; investigation; official; provision; receivability of the complaint; right; staff regulations and rules; written rule;
  

  
  
  

• Judgment 2610

  
  102nd Session, 2007
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "While it is highly desirable that staff representatives should be allowed to participate in operations to determine their colleagues' remuneration, this can in no way affect the right of each staff member to avail himself or herself of the means of redress which are open to him or her and which constitute a fundamental safeguard for international civil servants. The ICSC is therefore mistaken in believing that it can rely on the theory of estoppel vis-à-vis the complainants by arguing that staff representatives are supposed to act on behalf of all the members of the personnel and that 'their actions should be considered as legally attributable to each and every one of the staff they represent'."

  Keywords:

  adjustment; general principle; icsc decision; internal appeal; official; receivability of the complaint; right of appeal; safeguard; salary; scale; staff representative;
  

  
  
  

• Judgment 2599

  
  102nd Session, 2007
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "The Tribunal notes that there is no evidence to prove that the complainant was given any kind of access to the report on which the Director General is said to have based her decision to dismiss her.
  It may be concluded from the above and from the evidence in the file that the impugned decision was taken in breach of the safeguards regarding the provision of proper conditions for probation, resulting from the rules and regulations, from general principles of law and from the Tribunal's case law, and, in particular, in breach of the complainant's right to be heard.
  The impugned decision must therefore be quashed."

  Keywords:

  breach; case law; due process; duty to inform; general principle; grounds; organisation's duties; probationary period; report; right to reply; safeguard; termination of employment;
  

  
  
  

• Judgment 2585

  
  102nd Session, 2007
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "While it is true, as the Tribunal recalled in Judgment 2156, that 'elected representatives of the staff enjoy specific rights and safeguards in accordance with the general principles which govern employment relationships in international organisations and which are also generally recognised in national labour legislation', it is still up to the staff member complaining that such specific rights and safeguards have been violated to prove that fact and not merely rely on bald assertions."

  Reference(s)

  ILOAT Judgment(s): 2156
  

  Keywords:

  breach; burden of proof; case law; collective rights; domestic law; general principle; iloat; official; organisation; request by a party; right; safeguard; staff representative; working relations;
  

  
  
  

• Judgment 2567

  
  101st Session, 2006
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "[W]here a doubt arises regarding the meaning which should reasonably be given to the clause of a contract, according to the principle of good faith the clause should be interpreted to the detriment of the party which drafted the contract."

  Keywords:

  contract; general principle; good faith; intention of parties; interpretation; provision;
  

  
  
  

• Judgment 2565

  
  101st Session, 2006
  World Customs Organization (Customs Co-operation Council)
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7(a)

  Extract:

  "According to a general principle of law, whoever has paid a sum mistakenly is entitled to recover it within a reasonable time provided the person can prove that the sum was paid in the mistaken belief that it was owed (see Judgments 497, under 6, and 1195, under 3)."

  Reference(s)

  ILOAT Judgment(s): 497, 1195
  

  Keywords:

  amount; burden of proof; condition; general principle; payment; reasonable time; recovery of overpayment; right; unjust enrichment;
  

  
  
  

• Judgment 2556

  
  101st Session, 2006
  Organisation for the Prohibition of Chemical Weapons
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  "It is well settled that the principle of equality requires the equal application of the relevant law, not its equal misapplication."

  Keywords:

  condition; definition; enforcement; equal treatment; general principle; written rule;
  

  
  
  

• Judgment 2540

  
  101st Session, 2006
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 30

  Extract:

  "It was said in Judgment 442 that:
  «As a rule an official's comments on his subordinates do not give them any right to compensation; otherwise supervisors would express only guarded opinions about their subordinates, and that would be harmful to the organisation's efficiency. The most that can be said is that when a supervisor expresses an opinion which he knows to be untrue for a purely malicious purpose he, or the organisation, will be liable.»
  To that should be added the rider that the duty to act in good faith and, also, the duty to respect the dignity of a subordinate require that the subordinate be given an opportunity to answer any criticism made and that his or her answers or explanations be fairly considered."

  Reference(s)

  ILOAT Judgment(s): 442
  

  Keywords:

  allowance; consequence; difference; equity; general principle; good faith; injury; liability; mistake of fact; organisation; organisation's duties; purpose; respect for dignity; right; right to reply; supervisor; work appraisal;
  

  
  
  

• Judgment 2533

  
  101st Session, 2006
  Organisation for the Prohibition of Chemical Weapons
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.
  "It is common for a mature legal system to provide compensation on a 'no fault' basis to employees who suffer workplace injuries; the law of the international civil service can do no less."

  Keywords:

  applicable law; general principle; handicapped person; international civil service principles; invalidity; material damages; official; organisation's duties; professional accident; service-incurred;
  

  
  
  

• Judgment 2513

  
  100th Session, 2006
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "The Tribunal notes [...] that in the absence of special circumstances such as a compelling need to preserve confidentiality, internal appellate bodies such as the [Joint Appeals Board] must strictly observe the rules of due process and natural justice and that those rules normally require a full opportunity for interested parties to be present at the hearing of witnesses and to make full answer in defence."

  Keywords:

  adversarial proceedings; applicable law; confidential evidence; due process; exception; general principle; internal appeals body; organisation's duties; procedure before the tribunal; right to reply; testimony;
  

  
  
  

• Judgment 2493

  
  100th Session, 2006
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  The complainants were issued a written warning on the grounds that they had participated in industrial action which management considered to be unlawful and that caused them to be absent from duty without authorisation. They contend that the Director General had no authority to decide whether the collective action was illegal. "There is no doubt that in the absence of any statutory provisions or collective agreement between the Agency and the staff representatives, it is up to the Director General to take whatever measures are necessary to prevent actions which he deems unlawful, to warn members of staff against participating in such actions and, if necessary, to lay down guidelines for the exercise of the collective rights of staff in accordance with the general principles of international civil service law. From this point of view, one cannot object to the Director General's legitimate right to take action when he, 'in the absence of an agreement with the unions', issued on 13 March 2003 - in other words, three days after the start of the industrial action - an Office Notice setting out 'General provisions applicable in the event of a strike at Eurocontrol'. Nevertheless, the general measures taken by the administration and the individual decisions taken to implement those measures must not have the effect of restricting the exercise of the collective rights of members of staff in such a way as to deprive them of all substance."

  Keywords:

  applicable law; collective rights; competence; condition; consequence; disciplinary measure; effect; enforcement; executive head; general decision; general principle; individual decision; information note; international civil service principles; limits; no provision; organisation's duties; provision; right to strike; staff regulations and rules; staff representative; staff union; staff union agreement; strike; unauthorised absence; warning;
  

  Consideration 11

  Extract:

  The complainants were issued a written warning on the grounds that they had participated in industrial action which management considered to be unlawful and that caused them to be absent from duty without authorisation. "[I]f it were a work stoppage not involving unlawful actions, the question arises as to whether the Agency could, in view of the provisions of Article 11 of the Staff Regulations whereby an official is bound to ensure the continuity of the service and must not cease to exercise his functions without previous authorisation, deem participation in the collective action by the officials in question to be unlawful. Without overlooking the fact that a strike will necessarily affect continuity of service, the Tribunal considers that, if the answer to that question were yes, it would in practice deprive of all substance the exercise of a right, the existence of which the Agency does not deny and which, according to the case law, is lawful in principle (see, for instance, Judgments 615 and 2342 of the Tribunal). To make the exercise of that right conditional on obtaining leave of absence would clearly be incompatible with the principle itself, the necessary corollary of which is the freedom of officials to follow or not to follow a call to strike duly issued by their representative organisations."

  Reference(s)

  Organization rules reference: Article 11 of the Staff Regulations governing officials of the Agency
  ILOAT Judgment(s): 615, 2342
  

  Keywords:

  collective rights; condition; consequence; continuance of operations; disciplinary measure; freedom of association; general principle; provision; right to strike; staff member's duties; staff regulations and rules; staff union; strike; unauthorised absence; warning;
  

  
  
  

• Judgment 2456

  
  99th Session, 2005
  Organisation for the Prohibition of Chemical Weapons
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 9 and 11

  Extract:

  The complainant joined the Organisation in January 1998 under a fixed-term appointment. His contract, which was extended in 2003, was due to expire on 14 June 2004; it was not renewed due to the implementation of the seven-year tenure rule. He has produced before the Tribunal a document signed by the Director-General containing data about his performance, in which his date of entry on duty was incorrectly shown as 24 May 1997. He contends that the Director-General relied on that data in deciding not to renew his contract. "Since in the implementation of its policy the Organisation was said to be applying a 'first in, first out' rule, an error of over seven months in the calculation of any employee's length of service may be of critical importance. That is especially the case where such apparent error has the effect of indicating wrongly that the employee would at the time of his separation from the Organisation have served more than seven years. The Tribunal considers the alleged errors of fact to be material. [...] The non-renewal decision must be set aside and the Organisation shall be ordered to pay to the complainant the full balance of salary and benefits to which he would have been entitled if he had received a one-year extension of his contract to 14 June 2005. The complainant must account for any earnings from other employment during that period."

  Keywords:

  allowance; appointment; consequence; contract; date; decision; duration of appointment; enforcement; extension of contract; fixed-term; general principle; mistake of fact; non-renewal of contract; official; organisation's duties; period; reckoning; right; salary; staff member's duties; written rule;
  

  
  
  

• Judgment 2450

  
  99th Session, 2005
  International Federation of Red Cross and Red Crescent Societies
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  "[T]here is no rule or general principle that obliges an international organisation to reimburse its staff for taxes payable outside the host country pursuant to legislation which is not that of the host country."

  Keywords:

  applicable law; domestic law; general principle; headquarters; organisation; organisation's duties; refund; staff regulations and rules; tax;
  

  
  
  

• Judgment 2416

  
  98th Session, 2005
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 8 and 11

  Extract:

  "The EPO's position is that because the claim for damages was made as an oral submission during the [Appeals] Committee hearings [...], rather than being included in the complainant's original written submissions, it was not actually part of the internal appeal and therefore cannot now be claimed before the Tribunal. [...]
  The objection to receivability is misconceived. The Appeals Committee accepted that the complainant could make a claim for damages and heard both parties on the question. The reason that the Tribunal insists that any claim made before it must first have been asserted in the internal appeal process is that Article VII(1) of its Statute demands that the complainant first exhaust any available internal means of redress. The EPO has not shown that there is any equivalent provision relating to internal appeals, and it is desirable that such appeals should be as unencumbered as possible by procedural obstacles provided that elementary fairness is observed."

  Reference(s)

  ILOAT reference: Article VII(1) of the Statute
  
  

  Keywords:

  adversarial proceedings; claim; equity; general principle; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; moral injury; new claim; oral proceedings; receivability of the complaint;
  

  
  
  

• Judgment 2393

  
  98th Session, 2005
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  "The general principles allow that a discretionary decision with respect to an appointment may be set aside if applicants have not received equal treatment."

  Keywords:

  appointment; breach; candidate; condition; discretion; equal treatment; general principle; right;
  

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