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
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 | next >
Judgment 1189
73rd Session, 1992
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The principle of equal treatment applies only where staff in the same position both in law and in fact are shown not to have been treated alike."
Keywords:
equal treatment; general principle; identical facts;
Judgment 1158
72nd Session, 1992
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6, 8 and 9
Extract:
"The material issue is [...] whether the organization might, in mid-competition and while assessing the candidates, alter the requirements it had itself already declared for the post. [...] If it decides to hold a competition, "it must abide by the conditions it has itself set for the competition: patere legem quam ipse fecisti. [...] The application of that principle means that the conditions of entry for a competition may not properly be altered once the process of selection is under way. But "UNIDO failed to abide by its own requirements. [...] An essential condition for the competition was waived during [the] evaluation, and such waiver impaired the fairness and lawfulness of the process of selection. For that reason alone, the impugned decision must [...] be set aside".
Keywords:
competition; condition; criteria; due process; general principle; organisation's duties; patere legem; procedure before the tribunal;
Judgment 1130
71st Session, 1991
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The rule against retroactivity, though a general principle of law, is not absolute. One qualification is, as indeed the complainants acknowledge, that the retroactive decision will be admissible in law where the effect of it is favourable to the staff member it applies to. Another qualification is that the rule will not hold where the retroactive decision supersedes an earlier one which, at the time at which it was taken, was merely provisional and so was to hold good only until replaced by a final decision."
Keywords:
exception; general principle; non-retroactivity; provisional decision;
Judgment 1125
71st Session, 1991
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"A construction which an international organisation wilfully and consistently puts on a rule for years may become a binding element of personnel policy to be applied to everyone who is in the same position in law and in fact. That flows from the general principles that an organisation must show good faith and frame personnel policy in objective terms. Yet it may alter a construction it was not required to follow provided that it does not thereby offend against any of its written rules."
Keywords:
amendment to the rules; binding character; general principle; good faith; interpretation; practice; staff regulations and rules;
Judgment 1123
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The Tribunal points out that, as it said in Judgment 986, it has only a limited power of review in respect of salary policy. It will declare whether the impugned decisions square with general principles, with the Staff Regulations and with the terms of the complainants' appointment. Those principles, which include that of trust, were complied with in the instant case.
Reference(s)
ILOAT Judgment(s): 986
Keywords:
competence of tribunal; enforcement; general principle; good faith; judicial review; salary; staff regulations and rules; terms of appointment;
Judgment 1118
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Though the Tribunal's main task is to enforce the written rules in disputes between organisation and staff member, clear and consistent precedent makes dealings between the two sides subject, not just to the material provisions of the staff regulations and the contract of employment, but also to a set of general principles that form part of the law of the international civil service."
Keywords:
competence of tribunal; enforcement; general principle; international civil service principles; staff regulations and rules;
Consideration 22
Extract:
Vide Judgment 1123, consideration 13.
Reference(s)
ILOAT Judgment(s): 1123
Keywords:
competence of tribunal; enforcement; general principle; good faith; judicial review; salary; staff regulations and rules; terms of appointment;
Judgment 1022
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The general principle of equal treatment does not mean that everybody is to be subject to the same rules. It means rather that where officials are in like case the treatment of them must be the same, but where they are not, the treatment may be different."
Keywords:
equal treatment; general principle;
Judgment 1021
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Vide Judgment 1022, consideration 8.
Reference(s)
ILOAT Judgment(s): 1022
Keywords:
equal treatment; general principle;
Judgment 1020
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"Since the Tribunal may not review the policy decision to move to Lyon the only effect it can give to the doctrine of acquired rights as recognised by Interpol is to determine whether the arrangements for carrying out the move were properly objective. Since the transfer did disrupt the lives of its staff, the organization had a duty to ensure that there was no undue or pointless detriment to their interests. The consequences of the change which the transfer brought in the conditions of their employment are to be gauged against cardinal principles such as equality of treatment, good faith and the rule against retroactivity".
Keywords:
acquired right; amendment to the rules; equal treatment; general principle; good faith; judicial review; non-retroactivity; organisation's duties; terms of appointment; transfer of headquarters;
Consideration 12
Extract:
"The general principle the Tribunal will apply is that, save where there is reversal of an earlier decision - and in this case there was not - an administrative decision may not retroactively impair a right or alter any state of fact."
Keywords:
exception; general principle; non-retroactivity; withdrawal of decision;
Judgment 1019
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
Vide Judgment 1020, consideration 13.
Reference(s)
ILOAT Judgment(s): 1020
Keywords:
acquired right; amendment to the rules; equal treatment; general principle; good faith; judicial review; non-retroactivity; organisation's duties; terms of appointment; transfer of headquarters;
Consideration 10
Extract:
Vide Judgment 1020, consideration 12.
Reference(s)
ILOAT Judgment(s): 1020
Keywords:
exception; general principle; non-retroactivity; withdrawal of decision;
Judgment 986
67th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 21-22
Extract:
A decision "will be reviewed in the context of fact and law that obtained when it was taken, else there would be breach of the general rule against retroactivity that is binding on any administrative authority and court of law. That precept does, however, allow of limited qualification [...] A decision taken after the one impugned may, if more favourable, repeal it with retroactive effect".
Keywords:
decision; exception; general principle; non-retroactivity; subsequent fact;
Consideration 13
Extract:
"Being neither arbitrator nor mediator, the Tribunal has only a limited power of review [in the area of staff remuneration] and will declare whether the impugned decisions square with general principles, with the Staff Regulations and with the terms of the complainants' appointment."
Keywords:
competence of tribunal; enforcement; general principle; salary; staff regulations and rules; terms of appointment;
Judgment 963
66th Session, 1989
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Any authority is bound by the rules it has itself issued until it amends or repeals them. The general principle is that rules govern only what is to happen henceforth, and it is binding on any authority since it affords the basis for relations between the parties in law. furthermore, a rule is enforceable only from the date on which it is brought to the notice of those it applies to."
Keywords:
amendment to the rules; effective date; enforcement; general principle; non-retroactivity; patere legem; staff regulations and rules;
Judgment 917
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The "principles that govern the international civil service [...] forbid discrimination and require that all members of the staff be treated considerately and with respect for their dignity."
Keywords:
equal treatment; general principle; international civil service principles; organisation's duties; respect for dignity;
Judgment 911
64th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"Although, as UNESCO says and indeed the Tribunal has held, facilities are not a matter for negotiation or agreement and although no obligation attaches to the actual outcome of consultations, one of an executive head's duties is to consult the staff association in keeping with [...] general principles [...] reflected in Chapter VIII [of the Staff Regulations]."
Reference(s)
Organization rules reference: CHAPTER VIII OF THE UNESCO STAFF REGULATIONS
Keywords:
consultation; enforcement; facilities; general principle; organisation's duties; staff regulations and rules; staff union;
Judgment 907
64th Session, 1988
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The general rule is that no decision adverse to a staff member may be taken unless he has been made aware of the organisation's intention and been given an opportunity to state his case."
Keywords:
decision; duty to inform; flaw; general principle; right to reply;
Judgment 885
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"An EPO staff member who alleges non-observance of the terms of his appointment or of the applicable Staff Rules and Regulations has the right to submit an internal appeal and, if still dissatisfied, to appeal ultimately to the Tribunal. The existence of the right is in the interests of both sides since it serves to maintain harmony, general efficiency and good morale in the organisation."
Keywords:
general principle; purpose; right of appeal;
Judgment 870
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"It would be in breach of an official's rights as such and a denial of his entitlements under the procedure for personal promotion to discount any of his service, including periods he may have spent on secondment to technical assistance projects. But the complainant is in a quite different case since he was not yet an official when employed on such projects."
Keywords:
equal treatment; field; general principle; headquarters official; official; personal promotion; professional experience; project personnel; promotion; status of complainant;
Judgment 860
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
As to identity in the cause of action, Mr [A.] notes that the Tribunal had in part rejected the complainants' plea of breach of good faith on the grounds that they had taken up duty after the new criteria had taken effect. Mr [A.] contends that this reasoning does not apply to him insofar as he had taken up duty before the change in rules. The Tribunal acknowledges that there is on this point a new cause of action; however it holds on the merits that a staff member has no right, save in exceptional cases, to demand that the rules on promotion in force at the time of appointment should never be modified.
Reference(s)
ILOAT Judgment(s): 657
Keywords:
acquired right; amendment to the rules; application for review; appointment; date; effective date; general principle; good faith; practice; promotion; provision; receivability of the complaint; res judicata; same cause of action; terms of appointment;
Judgment 856
63rd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"According to general principles that apply to the international civil service an official may at any time offer his resignation without explanation. But to protect the organisation's rights as employer the offer takes effect only when accepted."
Keywords:
acceptance; general principle; international civil service principles; offer; resignation;
Judgment 853
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"According to the general rules of construction, all language versions of a text shall be deemed to bear the same meaning save that, where comparison reveals a point of disagreement, the construction that prevails shall be the one that, with due regard to the purpose of the law-maker, best reconciles the various versions."
Keywords:
authentic version; general principle; interpretation; language of rule; provision; purpose; staff regulations and rules;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 | next >
|
