Good faith (193,-666)
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Keywords: Good faith
Total judgments found: 201
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Judgment 1376
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"According to the case law - see for example Judgment 607 [...] under 8 - though the rules on internal appeals must be respected because proper administration so requires, 'they are not supposed to be a trap or a means of catching out a staff member who acts in good faith'."
Reference(s)
ILOAT Judgment(s): 607
Keywords:
case law; good faith; internal appeal; internal remedies exhausted; organisation's duties; organisation's interest; right of appeal; staff member's interest; time limit;
Judgment 1371
77th Session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant's "appraisal reports contain adverse comment by his supervisors, especially on his lack of initiative, and there is no evidence before the Tribunal to suggest that their views were not honestly held or were prejudiced. He was given a proper opportunity to comment on those views and his comments form part of the reports. In the circumstances the Tribunal disallows his application for the removal of them from his personal file."
Reference(s)
ILOAT Judgment(s): 1317
Keywords:
bias; good faith; lack of injury; performance report; personal file; right to reply; supervisor; unsatisfactory service; work appraisal;
Judgment 1370
77th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"Judgment 1317 [...] brought out the need for a properly functioning internal appeal procedure, of which the Appeal Board is an essential part. In this case the Board took far too long to report and failed to perform its function properly. Although in the circumstances the shortcomings of the appeal procedure may not be deemed to constitute bad faith, the ITU was negligent and caused the complainant injury. On that account it must afford him redress."
Reference(s)
ILOAT Judgment(s): 1317
Keywords:
case law; compensation; delay; flaw; good faith; injury; internal appeal; internal appeals body; moral injury; negligence; organisation's duties; procedure before the tribunal; report; staff member's interest;
Judgment 1328
76th Session, 1994
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"As for [WIPO's] failure to take the 'new decision' ordered in point 2 [of the operative part of the judgment whose application is sought], it is in breach of good faith in forcing the complainant to the point of appealing against a refusal he has to infer from its own silence. Under point 2 it is required to give him an express and properly substantiated decision on the matter of reinstatement".
Keywords:
application for execution; duty to substantiate decision; express decision; good faith; implied decision; organisation's duties; reinstatement;
Judgment 1315
76th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The Tribunal quashes the results of a competition because the appointment procedure was tainted with bias. This entails the quashing of the appointment of an external candidate. "The Tribunal expects that the President will take such measures as will ensure that [the external candidate], who accepted the [appointment] in good faith, suffers no material injury."
Keywords:
abuse of power; appointment; bias; competition; competition cancelled; flaw; good faith; misuse of authority; open competition; organisation's duties;
Judgment 1280
75th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 14-15
Extract:
Vide Judgment 1279, considerations 14 and 15.
Reference(s)
ILOAT Judgment(s): 1279
Keywords:
complaint; date; good faith; internal appeal; organisation's duties; receivability of the complaint; staff regulations and rules; time limit;
Judgment 1279
75th Session, 1993
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 14-15
Extract:
Under PAHO Staff Rule 1230.7.1 no-one may appeal to the Board of Appeal until "all the existing administrative channels have been tried". The complainants advised the administration that they intended to appeal to the Board as soon as they had the assurance that they had exhausted the internal remedies. "The defendant was therefore not free in good faith to treat the complainants' internal appeals to the Board as being out of time by taking a date that made it impossible for them to satisfy the prior condition set in Rule 1230.7.1."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1230.7.1
Keywords:
complaint; date; good faith; internal appeal; organisation's duties; receivability of the complaint; staff regulations and rules; time limit;
Judgment 1278
75th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"In Judgment 782 [...] the Tribunal stated the circumstances in which it would enforce a promise by an international organisation to a staff member. The promise must be substantive, i.e. to act, or not to act, or to allow; it must come from someone who is competent or deemed competent to make it; the breach of it must cause injury to the person who relies on it; and the position in law must not have altered between the date of the promise and the date at which fulfilment is due. It does not matter what form the promise takes: it may be written or oral, express or implied."
Reference(s)
ILOAT Judgment(s): 782
Keywords:
case law; competence; condition; decision-maker; duty of care; good faith; organisation's duties; promise;
Judgment 1250
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
Had the complainant "made a bona fide challenge to the validity of transfer, that would have been a satisfactory explanation for non-compliance: for a precedent, see Judgment 392 [...], under 6. For family reasons the organization refrained for five months [...] from taking action on the decision to transfer the complainant. Thereafter he did not challenge the transfer but sought to circumvent or delay it by raising a series of questions and by evading a direct response."
Reference(s)
ILOAT Judgment(s): 392
Keywords:
case law; complainant; decision; flaw; good faith; refusal; staff member's interest; transfer;
Judgment 1249
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The organization decided not to extend the complainant's appointment on the grounds that the authorities of his country were unwilling to release him any longer. "The organization makes out that, having derived from his status as a 'seconded' official the privilege of being relieved of going through the usual competitive process, the complainant may not, according to the doctrine of estoppel, 'take advantage of a special situation in his favour and then later deny the validity of this in order to obtain some further advantage'. The simple answer to that is that the organization bypassed the usual procedure because of an understanding it had with [a Member State]. So it may not properly expect the complainant to suffer for its own failure to follow the usual procedure as laid down in its rules."
Keywords:
appointment; breach; competition; complainant; contract; decision; enforcement; fixed-term; general principle; good faith; non-renewal of contract; procedure before the tribunal; secondment; staff regulations and rules;
Judgment 1247
74th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"As the Tribunal has held, for example in Judgment 607 [...], though proper administration requires the setting of time limits 'they are not supposed to be a trap or a means of catching out a staff member who acts in good faith'."
Reference(s)
ILOAT Judgment(s): 607
Keywords:
case law; complainant; good faith; internal appeal; internal appeals body; organisation's interest; time limit;
Judgment 1242
74th Session, 1993
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
The complainant submits that the organization did not do its utmost to reinstate him in execution of Judgment 1154. WIPO's letter "does not substantiate the contention that it had. it simply conveys the Director General's decision 'not to extend [the complainant]'s appointment'. It says nothing of any attempts to find him a suitable position and thereby discharge its primary obligation under Judgment 1154. [...] The Director General had the duty to justify his decision by explaining why it was impossible to reinstate the complainant [...] only in its reply to this complaint does the organization maintain that 'there was no possibility of reinstating the complainant since there was no suitable post to which he could be appointed given his qualifications'."
Reference(s)
ILOAT Judgment(s): 1154
Keywords:
application for execution; duty to substantiate decision; good faith; judgment of the tribunal; organisation; organisation's duties; refusal; reinstatement; reply; res judicata; submissions; tribunal;
Judgment 1238
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The Tribunal ordered the complainant's reinstatement in Judgment 999. But the Director-General decided that reinstatement was not in the interest of the organization and awarded him compensation. "To condemn someone to unemployment on account of a single negligent act unaccompanied by improper intention, and in circumstances that do not justify loss of confidence by the employer, is to demand a humanly impossible standard of performance by the employee and makes the right to reinstatement illusory."
Reference(s)
ILOAT Judgment(s): 999
Keywords:
complainant; discretion; good faith; limits; negligence; organisation; organisation's interest; proportionality; refusal; reinstatement; right; termination of employment;
Judgment 1223
74th Session, 1993
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 30
Extract:
The complainant, a Eurocontrol official, challenges the rejection of his application to a post of head of division and the appointment of an external candidate to that post. He alleges that the recruitment procedure was unlawful. "The Tribunal will not interfere in drafting a notice of vacancy or comparing candidates who respond to the notice. But for Eurocontrol to open a competition for serving officials and then change the terms of recruitment sub rosa so as to deny them any real chance of success was in breach of the duty of trust and fairness the organisation owes its staff."
Reference(s)
ILOAT Judgment(s): 1016
Keywords:
appointment; candidate; competition; discretion; due process; equal treatment; good faith; judicial review; organisation's duties; vacancy notice;
Judgment 1189
73rd Session, 1992
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant is objecting to the local status he was granted upon recruitment. The Tribunal observes that on his application form he himself stated that he had been living in Geneva, which was his duty station, for several years. In signing that form he stated that the information he had given was "true, complete and correct". The Tribunal concludes that since he had thus declared at the time of recruitment that he had been residing in Geneva for several years, "the complainant is now estopped from contending that he was wrongly given such status".
Keywords:
duty station; good faith; local status; non-local status; residence; staff member's duties;
Judgment 1132
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The case law makes it clear that time limits in rules on internal appeals must be strictly adhered to. The complainant did not comply with the requirements of the Service Regulations. Nor can he show any breach of good faith on the organisation's part. His complaint is therefore irreceivable under Article VII(1) of the Tribunal's Statute because he has failed to exhaust the internal means of redress."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
exception; good faith; internal appeal; internal remedies exhausted; mandatory time limit; receivability of the complaint; time bar; time limit;
Judgment 1127
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"The doctrine of estoppel is that someone who makes some statement or representation of fact that causes another to act to his detriment by relying on the truth of it may not later deny it even though it turns out to be wrong." The complainant's reliance on estoppel is mistaken.
Keywords:
definition; good faith;
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 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;
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