Breach (235,-666)
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Keywords: Breach
Total judgments found: 168
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Judgment 1367
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11 and 16
Extract:
"The dispute is about the time in which a staff member of WHO may exercise his right to removal of his household effects at the organization's expense upon retirement. [...] The Director-General's decision is arbitrary, not just because it fails to state the reasons for choosing the [...] new deadline for the refund of the costs of removal, but because it gives no consistent reply to the complainant's claim. It is a wrong exercise of discretion."
Keywords:
bias; breach; decision; discretion; duty to substantiate decision; limits; refund; removal expenses; time limit;
Judgment 1365
77th Session, 1994
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The organization submits that there was no point in resuming the process of appointment as ordered in Judgment 1272. "But there the organization shows misunderstanding about the effect of a judgment. The quashing of [Mr. X's] appointment [...] being res judicata, it had a duty under the judgment to resume the process from the date of the unlawful appointment, regardless of the new situation arising from the expiry of [Mr. X's] appointment and his assignment to [another] post [...]. The complainants are therefore right in contending that the organization was at fault in refusing to carry out the process properly."
Reference(s)
ILOAT Judgment(s): 1272
Keywords:
application for execution; breach; consequence; execution of judgment; flaw; judgment of the tribunal; material damages; organisation's duties; procedure before the tribunal; res judicata;
Consideration 9
Extract:
The complainants seek the quashing of a decision in which the WTO refused to resume the appointment process as ordered in Judgment 1272. "Yet any satisfaction that the complainants might derive from resumption of the procedure would be merely formal [so] the Tribunal exercises the option that Article VIII of its Statute allows of not setting aside the [impugned] decisions."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
ILOAT Judgment(s): 1272
Keywords:
application for execution; breach; consequence; damages; execution of judgment; flaw; judgment of the tribunal; organisation's duties; procedure before the tribunal; res judicata;
Judgment 1363
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 40
Extract:
The complainant was charged with serious misconduct and dismissed. He alleges that the EPO imposed a penalty that was too severe and disproportionate in order to get back at him for his staff union work. "There is not a shred of evidence to support the charge of 'union-bashing' he levels against the EPO. What prompted the disciplinary proceedings was his pursuit of private business for his own enrichment and in abuse of his position as an official."
Keywords:
bias; breach; disciplinary measure; disciplinary procedure; outside activity; proportionality; staff member's duties; staff union activity;
Consideration 42
Extract:
The complainant was charged with serious misconduct and dismissed. He regards the penalty he received as disproportionately severe in that, among other things, the organisation reduced his severance grant. "The EPO was fully justified in getting rid of an employee whose doings were a constant challenge to its authority and deeply disruptive of the public service and in using its power under [...] the Service Regulations to impose on him the further penalty of making the maximum allowable reduction in severance grant."
Keywords:
amount; breach; organisation's interest; staff member's duties; staff regulations and rules; terminal entitlements; termination of employment;
Judgment 1270
75th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant's various claims, put forward first in his internal appeal of 19 July 1991 and then in this complaint, are unconnected with the appeal procedure provided for in the Regulations. Article 28 confers on the staff member the right to assistance against any attacks a third party makes on him by reason of his office or duties: its purpose is not to settle a dispute that has arisen within the Organisation itself. In this case the complainant is objecting to actions by several senior EPO officers which they were competent to take and which were challengeable only under the appeal procedure set out in the Service Regulations. In fact this complaint is just an attempt to revive false rows he carried on with management until he himself realised what his own behaviour required and duly resigned. As for the quarrel with the Organisation over his staff union activity, it suffices to refer to Judgment 1269 [...].
Reference(s)
Organization rules reference: Article 28 of the Service Regulations
ILOAT Judgment(s): 1269
Keywords:
breach; staff regulations and rules;
Judgment 1266
75th Session, 1993
International Union for the Protection of New Varieties of Plants
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 38
Extract:
Vide Judgment 1265, consideration 38.
Keywords:
allowance; breach; international civil service principles; request by a party; tribunal;
Judgment 1265
75th Session, 1993
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 38
Extract:
"The complainants claim damages for breach of their basic rights, which the Tribunal has acknowledged. All that need be said is that payment of damages is not a proper means of giving them satisfaction on a matter of principle of that kind."
Keywords:
allowance; breach; compensation; international civil service principles; request by a party; tribunal;
Judgment 1250
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
The complainant's refusal of assignment to a post outside headquarters "was in breach of his obligation to the organization to comply with a transfer under Regulation 301.012. In view of the responsibilities of the post [to which he was assigned], that refusal impeded the effective operation of the organization [...] and amounted to misconduct."
Reference(s)
Organization rules reference: STAFF REGULATION 301.012
Keywords:
breach; complainant; definition; duty station; headquarters; organisation's interest; post; post description; refusal; serious misconduct; staff member's duties; staff regulations and rules; 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 1226
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 832.
Reference(s)
ILOAT Judgment(s): 832
Keywords:
acquired right; amendment to the rules; breach; budgetary reasons; case law; cause; contract; criteria; staff regulations and rules;
Judgment 1125
71st Session, 1991
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Where the Rule [viz. Article 25 of the 1956 Staff Rules] is silent the competent authority - here the Administrative Committee - does have discretion to set the amount of the contribution to be paid from the date of retirement. But its decision will not be immune to review by the Tribunal, which will interfere if it finds some mistake of fact or of law [etc.]". The decision to do away with the material benefit is in breach of Article 25 and cannot stand.
Reference(s)
Organization rules reference: ARTICLE 25 OF THE 1956 STAFF RULES
Keywords:
amount; breach; contributions; discontinuance; discretion; judicial review; no provision; organisation; provision; staff regulations and rules;
Judgment 986
67th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 23-24
Extract:
The Tribunal holds that as a result of the further reduction in pensionable remuneration brought in on 1 April 1987 the complainants are "worse off, to an extent [...] that goes beyond the bounds of the ILO's discretionary authority"; the reduction is in breach of the essential terms of their employment. The Tribunal quashes the impugned decisions and makes the following ruling of principle: "if the amount of the pension each of them gets when the 1987 scale is taken into account proves to be at least 3 per cent lower than the amount he or she gets when it is not, compensation shall be due for any loss over and above the 3 per cent."
Keywords:
acquired right; breach; pension; pensionable remuneration; reduction of salary; scale; terms of appointment;
Consideration 2
Extract:
"The complainants are alleging breach of the Staff Regulations: to be precise, of Article 3.1.1, which defines pensionable remuneration. As it held in Judgments 832 and 862 the Tribunal is competent under Article II(1) of its Statute to entertain complaints of that kind, seeking as they do the quashing of decisions allegedly in breach of the terms of appointment of staff. What is at issue is the relationship between the Organization and its staff, [and in such matters] the Tribunal is fully competent".
Reference(s)
ILOAT reference: ARTICLE II(1) OF THE STATUTE
Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS
ILOAT Judgment(s): 832, 862
Keywords:
breach; competence of tribunal; judicial review; pensionable remuneration; provision; staff regulations and rules;
Judgment 936
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"The conclusion is that the Council's approval of the new scales is null and void for two reasons: because no reasons for it are stated, and because it takes into account a factor, the Dutch levy, that the rules in force in the organisation do not provide for."
Keywords:
amendment to the rules; breach; decision; deduction; duty to substantiate decision; executive body; grounds; provision; reduction of salary; salary; scale; staff regulations and rules; written rule;
Judgment 862
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
Article 3.1.1.2 of the ILO Staff Regulations provides for periodic adjustments to pensionable remuneration. The application of this regulation was suspended effective 1 April 1985. The complainants argue that the absence of an adjustment on 1 April 1986 breaches their acquired rights. "The complainants say they cannot put a figure on the loss sustained but they submit a table showing losses that range from 13 to 39 per cent according to grade. The table does not distinguish between loss due to the measures of which the Tribunal was informed in the earlier proceedings - and which it declared lawful - and loss alleged to be due to the failure to revise the scale on 1 April 1986. So in any event the Tribunal cannot but endorse its ruling in Judgment 832 under 16." The complaints are dismissed.
Reference(s)
Organization rules reference: ARTICLE 3.1.1.2 OF THE ILO STAFF REGULATIONS
ILOAT Judgment(s): 832
Keywords:
acquired right; adjustment; amount; breach; date; difference; enforcement; grade; injury; pension; pension entitlements; pensionable remuneration; provision; reckoning; res judicata; staff regulations and rules; subsidiary; suspensive action;
Judgment 832
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"International civil servants quite understandably put stock in their retirement benefits and quite rightly want an income that, even if it will not sustain the same standard of living, will at least be comfortable. The decisions impugned do mar the outlook, in some cases seriously. But that is not enough to establish breach of an acquired right."
Keywords:
acquired right; amendment to the rules; amount; breach; grounds; lack of evidence; official; retirement; separation from service; social benefits;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"The Director-General omitted to consult the Executive Board of Unesco before taking his decision, though Article 54 of the Board's Rules of procedure reads: 'The Director-General shall consult the members of the Executive Board with regard to the appointment or renewal of a contract of officials at D.1 and above whose posts come under the regular budget of the organization.'" The decision to appoint the complainant to an unclassified post is therefore tainted with a fatal flaw.
Reference(s)
Organization rules reference: ARTICLE 54 OF THE RULES OF PROCEDURE OF THE EXECUTIVE BOARD OF UNESCO
Keywords:
appointment; assignment; breach; consultation; executive body; executive head; extension of contract; flaw; organisation's duties; professional category; written rule;
Judgment 630
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant was inconsiderately left idle. The organisation ought to have done its utmost to set the situation right. "The Tribunal holds that the ilo caused serious injury to the complainant's feelings and reputation and was in breach of its obligations. It shall pay her compensation for moral injury. Inasmuch as it finds the ILO at fault the present judgment itself affords a remedy, but she is also entitled to damages for the serious prejudice she has suffered [...]."
Keywords:
allowance; breach; compensation; misconduct; moral injury; organisation; organisation's duties; professional injury; refusal to assign work;
Judgment 605
52nd Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal has only such competence as is conferred on it, and this is confined to complaints alleging non-observance of the terms of appointment or Staff Regulations. The staff member does not have to rely on a particular clause of his contract, the regulations or any subsidiary text. When he is seeking enforcement of a right he claims as an international civil servant and his claim rests on a breach of that right by the organisation in his status as a staff member, Article II(5) [of the Statute] empowers the Tribunal to entertain it."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
breach; competence of tribunal; official; right; vested competence;
Judgment 595
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant did not plead breach of the Staff Rule in question during the internal appeal, but that does not prevent him from doing so for the first time before the Tribunal. His plea of breach of the rule "falls within the scope of his claims, which remain the same. The question therefore arises whether the plea is sound."
Keywords:
breach; new plea; provision; receivability of the complaint; staff regulations and rules;
Judgment 566
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Following strike action, an administration decision led to a circular explaining that salary deductions would be calculated using a method different from that set out in the Service Regulations. "The executive head is not competent to adopt such rules [...] To accept the [organisation's] submissions would be to allow the imposition of a covert disciplinary sanction. The [...] staff exercised an acknowledged right and did not commit any misconduct." The deductions were calculated unlawfully and should be invalidated.
Reference(s)
Organization rules reference: ARTICLE 65 OF THE EPO SERVICE REGULATIONS
Keywords:
breach; deduction; hidden disciplinary measure; organisation's duties; provision; reckoning; right to strike; salary; staff regulations and rules; strike;
Judgment 349
40th Session, 1978
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
The organisation was in breach of contract in that it failed to specify and pay the night work indemnity. The complainant is accordingly entitled to be paid the indemnity in full; were it not for a regulation which prescribes that claims relating to the payment of indemnities may not be raised later than six months from the date on which the staff member became entitled to raise such a claim, he would have been entitled to back payments from the time he joined the organisation. But he is thereby barred from claiming more than six months' arrears.
Keywords:
allowance; breach; contract; night differential; organisation; payment; time limit;
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