Good faith (193,-666)
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Keywords: Good faith
Total judgments found: 201
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Judgment 1780
85th Session, 1998
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6(a)
Extract:
"According to consistent precedent both employer and employee must show good faith. For the Organisation, that means giving its staff notice of any facts or rules that may influence their dealings with it [...]. But [...] the Organisation will not be financially liable unless the staff member has suffered financial injury."
Keywords:
case law; duty to inform; good faith; injury; liability; material injury; organisation; organisation's duties; staff member's interest;
Judgment 1745
85th Session, 1998
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The [Organisation] says, quite rightly, that the verbatim record of the Board's hearings does not have the same authority in law as formal minutes. Yet statements made by some witnesses, undoubtedly in good faith, are worth citing."
Keywords:
admissibility of evidence; evidence; good faith; internal appeals body; submissions; testimony;
Judgment 1720
84th Session, 1998
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"A strong line of precedent has it that time limits, though necessary in law, are not supposed to set traps: they are to be applied with the good faith that must govern relations between an international organisation and its staff."
Keywords:
good faith; internal appeal; interpretation; procedure before the tribunal; time limit; written rule;
Judgment 1614
82nd Session, 1997
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"Contrary to what the complainant alleges, the reasons for abolishing her post were objective and had nothing to do with her own personality or performance. The decision cast no slight on her integrity and was no affront to her dignity. Her supervisors kept her informed orally and in writing about the progress of the reforms and about her own status. They thereby showed a wish to prepare her for the consequences and no bad faith may be imputed to them. The conclusion is that the defendant caused her no unnecessary or undue injury."
Keywords:
abolition of post; duty to inform; good faith; lack of injury; moral injury; organisation's duties; respect for dignity;
Judgment 1594
82nd Session, 1997
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The description and grading of the complainant's post dragged on for three-and-a-half years, and that was too long. As the Appeal Board held, "the administration has a duty to process promptly any claim to upgrading or to payment of special post allowance so that the official will not be left to suffer or to wonder what is going on.
Keywords:
administrative delay; duty of care; good faith; organisation's duties; post classification; post description; request by a party; special post allowance; staff member's interest;
Judgment 1583
82nd Session, 1997
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6(a)
Extract:
"An organisation may not in good faith end someone's appointment for poor performance without first warning him and giving him an opportunity to do better. The warning need not contain express mention of the risk of termination if performance does not improve: the risk is implied. Nor need any later shortcomings be the same as those that prompted the warning: it suffices that the official understood that his performance as a whole must improve".
Reference(s)
ILOAT Judgment(s): 1546
Keywords:
contract; formal requirements; good faith; non-renewal of contract; organisation's duties; termination of employment; unsatisfactory service; warning;
Judgment 1566
82nd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The Organisation points out that the letter from the Director of staff policy "was sent neither by the President nor on his behalf. The complainant demurs, and he is right to do so. It was to the President by name that he had written [...]; that letter was what he got in reply and he was entitled to assume that it had been sent with the President's authority. Indeed the position in law would be the same even if the reply had never been written and if he were basing his complaint on implied rejection of the claims in his letter".
Keywords:
complainant; complaint; decision; decision-maker; delegated authority; good faith; receivability of the complaint;
Judgment 1556
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"In any event [the complainant] may not plead want of due notice [...]. Having been well aware as early as [53 days before] of the sort of post she was to get and of her duty station, she may not properly plead bad faith."
Keywords:
assignment; complainant; duty station; duty to inform; good faith; organisation's duties; post; post description; transfer;
Judgment 1549
81st Session, 1996
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Any applicant [for employment], whatever his hopes of success, must be considered in good faith and in line with the basic rules of fair competition."
Keywords:
appointment; candidate; competition; due process; equal treatment; general principle; good faith; internal candidate; organisation's duties; vacancy;
Judgment 1530
81st Session, 1996
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The Tribunal holds that the Organisation acted in bad faith by trying to discard the compromise to which it and the official had consented.
Keywords:
general principle; good faith; organisation's duties;
Judgment 1516
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-8
Extract:
"The organization is [...] wrong to argue that [the complainant] has never sought reconsideration [...] of the decision setting the degree of her invalidity [...] and so has no adverse decision to impugn on that score." "It is true that as worded her original claims were not about the degree of her invalidity [...] but there is much evidence to show that the competent units of the organization did realise she was seeking review on medical grounds" "both the complainant and senior officers believed that review was on the way. [...] So it is odd to find the defendant now arguing that she had to get an express decision before seeking review".
Keywords:
complaint; good faith; internal remedies exhausted; organisation's duties; receivability of the complaint;
Judgment 1502
81st Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Time limits must be construed in good faith. If an organisation wants to put procedural restrictions on one of the staff member's rights or on the exercise thereof it must draft clearly enough to avoid setting traps."
Reference(s)
ILOAT Judgment(s): 1376
Keywords:
case law; delay; good faith; interpretation; time bar; time limit; written rule;
Consideration 9
Extract:
"The time limit must start at the date at which payment becomes due. If that were not so, the lapse of time would work to the claimant's detriment for as long as the rules precluded his making the claim. To make the would-be claimant wait, for any reason, before making the claim bars repayment. So the staff have grounds for supposing that they are not free [under Staff Regulation R VIII 1.01] to make claims until they can group." That being a reasonable construction, "for CERN to impose a narrower one would be an abuse of authority."
Reference(s)
Organization rules reference: CERN STAFF REGULATION R VIII 1.01
Keywords:
good faith; interpretation; no provision; staff member's interest; staff regulations and rules; time bar; time limit; written rule;
Judgment 1497
80th Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Anyone who applies for a post to be filled by some process of selection is entitled to have his application considered in good faith and in keeping with the basic rules of fair and open competition. That is a right that every applicant must enjoy, whatever his hopes of success may be."
Keywords:
candidate; cause of action; competition; equal treatment; good faith; organisation's duties;
Judgment 1479
80th Session, 1996
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"The Tribunal has often affirmed the principle of good faith by which international organisations are bound and their duty to treat their staff members with consideration and fairness. It has also affirmed - for example in Judgment 946 [...] - the staff member's right to be kept informed of any action that may affect his legitimate interests."
Reference(s)
ILOAT Judgment(s): 946
Keywords:
case law; duty to inform; general principle; good faith; organisation's duties; respect for dignity; staff member's interest;
Judgment 1466
80th Session, 1996
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Precedent has it that a time limit is a matter of objective fact and begins to run when a decision is notified. [...] The only exceptions that the Tribunal has allowed are where the complainant has been prevented by vis major from learning of the decision (see Judgment 21 [...]) and where the defendant has misled him or withheld some document from him in breach of good faith (see Judgment 752)."
Reference(s)
ILOAT Judgment(s): 21, 752
Keywords:
case law; exception; force majeure; good faith; organisation; start of time limit; time bar; time limit;
Judgment 1450
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
Having been denied permanent appointments, the complainants are seeking compensation failing reinstatement. The EPO pleads that the claim is irreceivable for failure to exhaust the internal remedies open to them. "The EPO fails in its preliminary objection to the complainants' claim to damages. [...] It may not refuse the complainants access to the appeal procedure on the grounds that they are 'auxiliary' staff, yet say that they ought, in what amounted to preliminary appeal [...] to have demarcated the full ambit of any future litigation."
Keywords:
claim; good faith; internal appeal; internal remedies exhausted; material damages; organisation's duties; receivability of the complaint; status of complainant;
Judgment 1439
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The organization refused to promote the complainant with effect from the date at which he met the material conditions on the grounds that he had been subject to disciplinary action. The Tribunal quashed the disciplinary action in an earlier judgment and the complainant finally got his promotion, albeit with some delay. The Tribunal rejects his claim to moral damages. "The delay in granting him promotion caused him no moral injury because the organisation acted in good faith in originally deciding not to promote him."
Keywords:
date; delay; disciplinary measure; effective date; good faith; judgment of the tribunal; moral injury; organisation; promotion; refusal;
Judgment 1406
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The Tribunal dismisses [the complainant's] claims to reinstatement or payment of two years' salary and to further moral damages to cover the injury to her future financial prospects since there was nothing unlawful in the WHO's refusal to reinstate her or extend her appointment."
Keywords:
claim; contract; good faith; material damages; moral injury; non-renewal of contract; organisation's duties; reinstatement;
Judgment 1393
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"There is no reason of public policy why an organisation should not entertain a claim, even when it is premature, pending the notification of an individual decision. That is the approach that the EPO took when, instead of warning the complainant forthwith that his appeal was premature, it entertained his claims - just as it entertained all the others - and forwarded them, after what it described as preliminary study, to the Appeals Committee. So it was in breach of good faith in objecting to receivability before the Committee at a time when the time limits set off by its individual decisions had already run out. The Tribunal accordingly holds that under the circumstances the complainant is right to plead that he was caught in a procedural trap."
Keywords:
absence of final decision; date; general decision; good faith; individual decision; internal appeal; internal appeals body; organisation's duties; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 1383
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 14-15
Extract:
The selection process for a vacancy that had been put up for competition was fatally flawed because the successful candidate did not meet the minimum requirements in the vacancy notice. The complainant "admits that she drafted the description to fit her own qualifications and experience [and that she was] endeavouring from the outset to pervert the process to secure her own appointment. [...] In the circumstances she is not entitled to any damages at all. [...] Accordingly, the Tribunal will [not] award the complainant damages for material or moral injury."
Keywords:
candidate; compensation; competition; good faith; material damages; moral injury; vacancy notice;
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