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 2391
98th Session, 2005
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant was issued a written censure. "Before the Appeal Board, [he] argued that [this] decision [...] was taken in breach of the principle of proportionality. In its report, the Board recommended that the parties seek a compromise solution in the light of that principle. [T]he Secretary-General did not follow the recommendation of the Appeal Board [...]. He was therefore under an obligation to state the reasons why he was disregarding that recommendation and instead maintaining the initial sanction, which is the second most serious, particularly so as to enable the Tribunal to check whether the principle of proportionality had been observed (see Judgment 2339, under 5). As the Secretary-General has not satisfied that obligation, his decision [...] must be set aside on the grounds that no reason has been given for the chosen sanction and the case must be referred back to him for a new decision."
Reference(s)
ILOAT Judgment(s): 2339
Keywords:
breach; consequence; disciplinary measure; duty to substantiate decision; executive head; general principle; internal appeals body; judicial review; organisation's duties; proportionality; recommendation; refusal; report; settlement out of court; warning;
Judgment 2366
97th Session, 2004
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"Ordinarily, the process of decision making involves a series of steps or findings which lead to a final decision. Those steps or findings do not constitute a decision, much less a final decision. They may be attacked as part of a challenge to the final decision but they, themselves, cannot be the subject of a complaint to the Tribunal. Occasionally however, what appears to be a single and final decision may embody more than one decision. That will be the case if separate and distinct issues have to be decided. So, too, a decision which does not resolve an entire dispute may nonetheless constitute a final decision if it is a decision on a separate and distinct issue. The present is such a case."
Keywords:
absence of final decision; complaint; condition; decision; definition; difference; general principle; iloat; procedure before the tribunal; provisional decision; receivability of the complaint; settlement out of court;
Judgment 2360
97th Session, 2004
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The Tribunal [...] recalls its case law, whereby every employee has the right to a proper administrative position, which means that he or she should both hold a post and perform the duties pertaining thereto and should be given real work (see, for example, Judgment 630)."
Reference(s)
ILOAT Judgment(s): 630
Keywords:
case law; general principle; iloat; official; organisation's duties; post;
Judgment 2358
97th Session, 2004
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"[T]he Tribunal asserts categorically that, as a matter of law, the ambiguities must be resolved in the manner most favourable to staff members. That is simply an application of the general rule requiring that any ambiguous text should be construed against the interest of the person responsible for drafting it and in favour of the person upon whom it is imposed. (For a recent application of the rule, see Judgment 2290.)"
Reference(s)
ILOAT Judgment(s): 2290
Keywords:
enforcement; general principle; interpretation; organisation's interest; staff member's interest; written rule;
Judgment 2355
97th Session, 2004
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Along with the obligation for an international organisation to give reasons when the executive head decides not to follow the recommendation of its internal appeal body (see Judgments 2092 and 2261), it has the duty in its pleadings before the Tribunal not to rely on new and different reasons which it failed to invoke in the impugned decision."
Reference(s)
ILOAT Judgment(s): 2092, 2261
Keywords:
adversarial proceedings; decision; difference; duty to substantiate decision; executive head; general principle; grounds; iloat; internal appeals body; motivation; motivation of final decision; organisation; organisation's duties; recommendation; refusal; report;
Judgment 2336
97th Session, 2004
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[T]he publication of the internal invitation for candidature presuppose[s] that the procedure for selecting candidates [...] be conducted in compliance with the general principles recalled in the case law and with rules established prior to the invitation for candidature and known to the candidates, such rules being designed to guarantee objectivity and transparency in order to ensure that all candidates stand the same chances."
Keywords:
case law; competition; duty to inform; equal treatment; general principle; internal candidate; internal competition; vacancy notice; written rule;
Judgment 2316
96th Session, 2004
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"Res judicata operates to bar a subsequent proceeding if the issue submitted for decision in that proceeding has already been the subject of a final and binding decision as to the rights and liabilities of the parties in that regard. It extends to bar proceedings on an issue that must necessarily have been determined in the earlier proceeding even if that precise issue was not then in dispute. In such a case, the question whether res judicata applies will ordinarily be answered by ascertaining whether one or other of the parties seeks to challenge or controvert some aspect of the actual decision reached in the earlier case."
Keywords:
complaint; decision; definition; enforcement; finality of judgment; general principle; intention of parties; judgment of the tribunal; judicial review; organisation's duties; procedure before the tribunal; res judicata; right; same cause of action; same purpose; settlement out of court; staff member's duties; tribunal;
Consideration 12
Extract:
The complainant wants to be granted her salary increment to step X retroactively. The ITU asserts that the complaint is inadmissible because in Judgment 2170 the Tribunal stated that those pleas were dismissed. "Judgment 2170 was concerned with the complainant's entitlement to her step VIII salary increment, her pleas regarding entitlement to salary increment for step [...] X being dismissed on the basis that they were not and could not be the subject of her first complaint. That being so, there was no final and binding decision on her present claim either expressly or as a necessary step to the decision that she was then entitled to a step VIII increment. Accordingly, the complaint is not barred by res judicata."
Reference(s)
ILOAT Judgment(s): 2170
Keywords:
absence of final decision; claim; complaint; condition; decision; express decision; general principle; grounds; iloat; increase; increment; judgment of the tribunal; receivability of the complaint; refusal; request by a party; res judicata; right;
Judgment 2315
96th Session, 2004
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 25
Extract:
The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. "A change in the nature of the discretion to be exercised in determining whether to grant future rights by the extension or renewal of a contract cannot be said to effect a change in an existing legal interest, much less in an existing legal right or existing legal status. Accordingly, the seven year policy embodied in [the] directive [...] is not retroactive even if the seven year period is computed from a time prior to the proclamation of that policy."
Keywords:
amendment to the rules; appointment; career; consequence; contract; date; decision; discretion; exception; extension of contract; general principle; limits; non-local status; official; organisation; period; professional category; publication; reckoning; right; staff member's interest; status of complainant; terms of appointment; written rule;
Consideration 17
Extract:
The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. In accordance with this directive, the complainant's contract was not renewed. "Much of the complainant's argument is directed to the proposition that the Commission cannot secure services of the standard specified in [Staff] Regulation 4.2 if it cannot retain those services beyond seven years, particularly as it has to compete for staff with other international organisations. That proposition is not self-evidently correct. Nor is it established by pointing, as the complainant does in his submissions, to international organisations which have a similar policy and which, according to the complainant, have or may have had difficulties in recruiting and retaining suitable staff. Moreover, [...] exceptions [are allowed] in the case of a need to retain 'essential expertise or memory in the Secretariat' ensures that, to that extent, its staffing needs can be satisfied."
Reference(s)
Organization rules reference: CTBTO PrepCom's Staff Regulation 4.2
Keywords:
appointment; career; contract; enforcement; exception; general principle; lack of evidence; limits; non-local status; non-renewal of contract; official; organisation; professional category; qualifications; safeguard; staff regulations and rules; terms of appointment; written rule;
Considerations 22-23
Extract:
"There are two aspects to the rule against retroactivity. The first is a rule of interpretation which requires that a provision not be construed as having retroactive effect unless that is clearly intended. The second is a substantive rule of international civil service law which, as explained in Judgment 1589, prevents a retroactive change in the legal status of staff save in limited circumstances [...]. However, to state the rule in this way is not to expose what is meant by 'retroactive'. In general terms, a provision is retroactive if it effects some change in existing legal status, rights, liabilities or interests from a date prior to its proclamation, but not if it merely affects the procedures to be observed in the future with respect to such status, rights, liabilities or interests."
Reference(s)
ILOAT Judgment(s): 1589
Keywords:
amendment to the rules; case law; collective rights; condition; consequence; date; definition; effect; exception; general principle; international civil service principles; interpretation; non-retroactivity; official; organisation's interest; procedure before the tribunal; provision; publication; purpose; right; staff member's duties; staff member's interest;
Consideration 20
Extract:
The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. In accordance with this directive, the complainant's contract was not renewed. "Although the embodiment of the seven year policy in [the] directive may properly be viewed as the prescribing of a term or condition upon which fixed-term contracts may be granted, it does not itself operate as the imposition of that term or condition. To be effective, a term or condition of the kind now in question must be incorporated in the contract, even if only by reference: a reference to the Staff Regulations and Rules is not sufficient because they do not incorporate the [...] directive in question. By implementing the seven year policy in the way that he purported to do in the present case, the Executive Secretary was attempting to enforce a term or condition that was not incorporated in the contract between the complainant and the Preparatory Commission."
Keywords:
appointment; career; complainant; condition; contract; effect; enforcement; exception; executive head; fixed-term; general principle; limits; non-local status; non-renewal of contract; official; organisation; professional category; staff regulations and rules; terms of appointment; written rule;
Judgment 2314
96th Session, 2004
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
The post in respect of which the complainant was receiving a special post allowance was transferred but he has continued to perform the duties of the post. The Director-General has taken the view that transfer was equivalent to the abolition of the post and the allowance was terminated. "The principle of equal pay for work of equal value requires that, until a proper evaluation of the work performed by the complainant is carried out, he should be remunerated at a rate equivalent to that which he would have received by way of special post allowance for so long as he continues to perform all of the duties and responsibilities of the abolished post."
Keywords:
abolition of post; equal treatment; executive head; general principle; organisation's duties; payment; post; refusal; salary; special post allowance; transfer; work appraisal;
Judgment 2313
96th Session, 2004
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"It is the duty of international organisations to ensure that they abide by the principle of equality and, particularly, that they comply with its requirement that there be equal pay for work of equal value. And if their rules and procedures do not ensure adherence to that principle and its requirement of equal remuneration, it is their duty to initiate procedures that do, whether by way of general rule or some specific procedure for the particular case."
Keywords:
consequence; equal pay for equal work; equal treatment; general principle; organisation; organisation's duties; procedure before the tribunal; safeguard; salary; written rule;
Consideration 5
Extract:
"The principle of equality requires that persons in like situations be treated alike and that persons in relevantly different situations be treated differently. In most cases involving allegations of unequal treatment, the critical question is whether there is a relevant difference warranting the different treatment involved. Even where there is a relevant difference, different treatment may breach the principle of equality if the different treatment is not appropriate and adapted to that difference."
Keywords:
breach; difference; equal treatment; general principle;
Judgment 2306
96th Session, 2004
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10-11
Extract:
"As a general rule, damages for breach of contract, including wrongful termination of a contract of employment, are confined to the amount necessary to put the injured party in the position he or she would have enjoyed if the contract had been performed. Thus, ordinarily, an employee is entitled, in the case of wrongful termination, to salary and entitlements only up to the date on which the contract would normally have expired. Of course, in some circumstances, material damage may extend beyond the salary and allowances that would otherwise have been paid during the course of the contract. Thus, for example, an employee may be entitled to additional compensation if it is shown that he or she lost a valuable chance of having the contract renewed or extended."
Keywords:
abuse of power; allowance; amount; compensation; contract; evidence; exception; extension of contract; general principle; injury; limits; material damages; material injury; misuse of authority; official; reconstruction of career; right; salary; termination of employment;
Considerations 10 and 15
Extract:
As a general rule, damages for breach of contract, including wrongful termination of a contract of employment, are confined to the amount necessary to put the injured party in the position he or she would have enjoyed if the contract had been performed. Thus, ordinarily, in the case of wrongful termination, an employee is entitled to material damages consisting of salary and entitlements up to the date on which the contract would normally have expired. In this case "the Appeals Committee found that 'the [complainant's] dignity had been harmed by the administrative procedure leading to termination and that some redress for the material and moral injury he suffered [was] warranted' [...]. Notwithstanding that finding, the Committee only recommended payment of an amount equivalent to salary and allowances until the end of the complainant's fixed-term contract. As already explained, he was entitled to that amount for material damage. Thus, the effect of the recommendation of the Appeals Committee was to deny the complainant compensation for moral injury notwithstanding its finding that his dignity had been harmed. That was an error of law and, as the Director-General's decision was based on the recommendations of the Appeals Committee, it necessarily involves the same error of law."
Keywords:
abuse of power; allowance; amount; breach; compensation; consequence; contract; decision; effect; executive head; fixed-term; general principle; internal appeals body; material injury; misuse of authority; moral injury; official; procedure before the tribunal; recommendation; reconstruction of career; respect for dignity; right; salary; termination of employment;
Judgment 2292
96th Session, 2004
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
Even if "the Member States of the [Organisation] are all signatories to the European Convention on Human Rights, the Organisation [...] as such is not a member of the Council of Europe and is not bound by the Convention in the same way as signatory states. Nevertheless, the general principles enshrined in the Convention, particularly the principles of non-discrimination and the protection of property rights, are part of human rights, which, [...] in compliance with the Tribunal's case law, apply to relations with staff."
Keywords:
applicable law; case law; equal treatment; general principle; international civil service principles; international instrument; member state; organisation's duties; provision; right; rule of another organisation; universal declaration of human rights; working relations;
Judgment 2288
96th Session, 2004
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"[T]he fact that the complainant had only a few hours [...] to defend his case [...] constitutes [in itself] a breach of due process".
Keywords:
adversarial proceedings; disciplinary procedure; general principle; misconduct; organisation's duties; right; time limit;
Consideration 6
Extract:
"The Tribunal considers that the safeguard available to international civil servants in the form of the mandatory consultation of an advisory body prior to any disciplinary measure cannot legally speaking be said to be complied with unless that body has held an official meeting, the matter has been discussed among the members and minutes of the meeting have been concomitantly drawn up. In the present case, the complainant was denied an essential safeguard owing to the individual consultation of the Joint Advisory Committee members by the Director of [the Human Resources Management Department] and the disregard for the procedure established in the Staff Rules."
Keywords:
advisory body; condition; consultation; disciplinary measure; disciplinary procedure; formal requirements; general principle; misconduct; official; organisation's duties; report; safeguard; staff regulations and rules;
Judgment 2244
95th Session, 2003
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The Tribunal notes that the competent bodies of the Organisation may repeal or modify rules they have established, subject to compliance with the principle that similar acts require similar rules, as pointed out in Judgment 1896, but that those bodies' discretionary powers are limited by the general principles of international civil service law, including the principle of equality, whereby officials in the same circumstances should be treated in the same way."
Reference(s)
ILOAT Judgment(s): 1896
Keywords:
amendment to the rules; discretion; equal treatment; general principle; organisation's duties; procedure before the tribunal; provision; repeal; staff regulations and rules;
Judgment 2232
95th Session, 2003
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant, who had been the Organisation's Director-General, impugns the decision to terminate his appointment. "In accordance with the established case law of all international administrative tribunals, the Tribunal reaffirms that the independence of international civil servants is an essential guarantee, not only for the civil servants themselves, but also for the proper functioning of international organisations. In the case of heads of organisations, that independence is protected, inter alia, by the fact that they are appointed for a limited term of office. To concede that the authority in which the power of appointment is vested - in this case the Conference of the States parties of the Organisation - may terminate that appointment in its unfettered discretion, would constitute an unacceptable violation of the principles on which international organisations' activities are founded [...], by rendering officials vulnerable to pressures and to political change. The possibility that a measure of the kind taken against the complainant may, exceptionally, be justified in cases of grave misconduct cannot be excluded, but such a measure, being punitive in nature, could only be taken in full compliance with the principle of due process, following a procedure enabling the individual concerned to defend his or her case effectively before an independent and impartial body."
Keywords:
adversarial proceedings; appointment; breach; case law; condition; discretion; exception; executive body; executive head; fixed-term; general principle; hidden disciplinary measure; iloat; independence; internal appeals body; limits; member state; official; organisation; right to reply; safeguard; serious misconduct; termination of employment; tribunal;
Judgment 2230
95th Session, 2003
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The complainant claims that a payment made to him by mistake should not have been recovered from him three years later. "While it is a general principle of law that lapse of time may extinguish an obligation, the complainant has not cited any provision relative to recovery of overpayments [...] establishing a prescriptive period beyond which the undue payments may no longer be recovered."
Keywords:
definition; discontinuance; general principle; payment; period; provision; recovery of overpayment; request by a party; right;
Judgment 2229
95th Session, 2003
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(a)
Extract:
"A transfer of a non-disciplinary nature is subject to the general principles governing all decisions affecting an official's status. It must show due regard, in both form and substance, for the dignity of the official concerned, particularly by providing him with work of the same level as that which he performed in his previous post and matching his qualifications (see, for example, Judgments 1496, 1556, 1972 [...]). The transfer may be motivated by the need to eliminate tensions compromising the functioning of a department (see, for example, Judgments 132, 1018 and 1972)."
Reference(s)
ILOAT Judgment(s): 132, 1018, 1496, 1556, 1972
Keywords:
assignment; case law; decision; discontinuance; effect; formal requirements; general principle; grade; grounds; official; organisation's duties; organisation's interest; post; post held by the complainant; respect for dignity; status of complainant; transfer; working relations;
Judgment 2227
95th Session, 2003
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was informed by a letter of 22 December 1999 that the administration reserved the right to approve the photocopying and distribution of circulars issued by staff representatives. "The Tribunal recalled, in Judgment 911 [...], that a staff association enjoys broad freedom of speech and the right to take to task the administration of the organisation whose employees it represents, but that like any other freedom such freedom has its bounds. thus any action that impairs the dignity of the international civil service, and likewise gross abuse of freedom of speech, are inadmissible. But the prevention of such abuse cannot give the administration a power of prior censorship over the communication of written information produced by the groups and associations concerned. Herein lies the problem in this case: the Office considers it has a general right to authorise, which it maintains it uses only with moderation, but the limits of such authorisation are by no means clear. The Tribunal cannot set aside a general decision on the grounds that it does not offer the guarantees that are in any case available to staff members on the basis of the general principles of international civil service law, as established and interpreted by the Tribunal and other international administrative tribunals. These principles confine the administration's scope of action to cases where there is gross abuse of the right to freedom of expression or lack of protection of the individual interests of persons affected by remarks that are ill-intentioned, defamatory or which concern their private lives. And it is in the light of these principles that the letter of 22 December 1999 [...] should be interpreted. a refusal to grant an authorisation may be regarded as lawful only if it complies with the above principles."
Reference(s)
ILOAT Judgment(s): 911
Keywords:
acceptance; case law; collective rights; exception; freedom of speech; general decision; general principle; iloat; international civil service principles; interpretation; judicial review; limits; official; organisation; outside activity; publication; refusal; respect for dignity; right; safeguard; staff member's interest; staff representative; staff union; staff union activity; tribunal;
Judgment 2222
95th Session, 2003
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Referring to the Tribunal's case law, in particular Judgments 70 and 1543, the defendant submits that the Tribunal's competence, ratione materiae, does not extend to disputes regarding the Director-General's discretion to waive diplomatic immunity. It is worth noting that the complainant does not in fact [...] challenge the decision to waive his diplomatic immunity in itself. He rather challenges the circumstances in which that decision was taken, which in his view violated his contractual rights or those arising from the general principles of law which should be observed by international organisations. Since the case law referred to by the defendant does not apply, the Tribunal is of the view that only a consideration of the merits of the case may show whether the complainant's allegations are well founded."
Reference(s)
ILOAT Judgment(s): 70, 1543
Keywords:
breach; case law; competence of tribunal; complainant; condition; decision; discretion; executive head; general principle; iloat; judgment of the tribunal; judicial review; organisation; organisation's duties; privileges and immunities; rebuttal; receivability of the complaint; right; terms of appointment; waiver of immunity;
Judgment 2220
95th Session, 2003
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant is asking for the execution of a judgment in which he was neither a party nor an intervener. He "claims that [that] judgment constitutes an exception to the general rule of res judicata because it is of "general" application. There is no such exception to the rule. The judgments of the Tribunal operate only in personam and not in rem. Notwithstanding the generality of the terms in which the Tribunal may dispose of a case before it, the judgment has effect only as between the parties to it. The complainant confuses the rule of res judicata with the rule of stare decisis. The former, which is a rule of law, applies absolutely when the necessary three identities of person, cause and object are present, which is not the case here. the latter rule, which is simply a matter of judicial practice or of comity, holds that, in general, the Tribunal will follow its own precedents and that the latter have authority even as against persons and organisations who were not party thereto, unless it is persuaded such precedents were wrong in law or in fact or that for any other compelling reason they should not be applied."
Keywords:
binding character; case law; complainant; effect; enforcement; exception; execution of judgment; general principle; grounds; intervention; judgment of the tribunal; limits; mistake of fact; organisation; practice; purport; request by a party; res judicata; right; same cause of action; same parties; same purpose; status of complainant;
Consideration 6
Extract:
The complainant is asking for the execution of a judgment in which he was neither a party nor an intervener. "Sound judicial policy requires that the Tribunal encourage parties to settle their disputes after as well as before judgment. That cannot happen if persons, like the complainant, who did not participate in a case, even though he might have done so, can interfere after the fact and prevent such settlement."
Keywords:
complainant; execution of judgment; general principle; iloat; intervention; judgment of the tribunal; request by a party; right; settlement out of court; status of complainant;
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