Decision (24, 26, 29, 31, 32, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 669, 680,-666)
You searched for:
Keywords: Decision
Total judgments found: 424
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Judgment 1590
82nd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The complainant contends that what the impugned decision entailed was really transfer and a change of post. He is mistaken. The duties of a post are determined by the description of it in the letter of appointment and by any later changes: see Judgments 1103, under 3 and 4, and 1146, under 4 and 7."
Reference(s)
ILOAT Judgment(s): 1103, 1146
Keywords:
amendment to the rules; appointment; case law; decision; post; post description; transfer;
Consideration 5
Extract:
The complainant says that the parties' clear intent was to put him on a post of terminologist. He is wrong. "He must have realised that the Organisation creates a post by express decision, and that he himself was put on a translator's post even though he was set, at least to begin with, to work on terminology. The post description made it plain that the Organisation might give him other duties without changing his post."
Keywords:
appointment; assignment; decision; intention of parties; post; post description;
Consideration 7
Extract:
The rule that any decision adversely affecting a person shall state the grounds on which it was based requires "that he be aware of them so that he may - for one thing - challenge them on appeal. He may learn of them from some other document, or from prior proceedings, or orally, or even later in answer to his objections".
Keywords:
decision; duty to substantiate decision; organisation's duties; purport; purpose; staff member's interest;
Judgment 1584
82nd Session, 1997
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
According to Article VII(4) of the Tribunal's Statute a complaint has no suspensory effect and the Tribunal is not empowered to make a ruling that would suspend [the complainant's] dismissal pending the Tribunal's judgment.
Reference(s)
ILOAT reference: ARTICLE VII(4) OF THE STATUTE
Keywords:
complaint; decision; effect; iloat statute; submissions; suspensory effects;
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 1558
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Mr. V., who defended the complainant before the Disciplinary Committee, has filed an application to intervene in the complaint on the grounds that the EPO has harmed his good name by making false, defamatory and insulting remarks about him in its surrejoinder. That matter falls outside the scope of the complaint before the Tribunal, whose ruling can have no bearing on Mr. V.'s grievance. His application is therefore disallowed."
Keywords:
complaint; decision; effect; intervention; moral injury; organisation's duties; request by a party; respect for dignity;
Judgment 1556
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Like appointment and promotion, transfer is at the discretion of the executive head of the international organisation and subject to only limited review. The Tribunal may interfere only if the decision was taken ultra vires or shows formal or procedural flaw or mistake of fact or law, or if some material fact was overlooked, or if there was misuse of authority or an obviously wrong inference from the evidence. And the Tribunal will be especially wary in reviewing a transfer since it may not replace the employer's rating of the official with its own."
Keywords:
appointment; decision; discretion; executive head; judicial review; limits; promotion; transfer;
Judgment 1553
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
UNESCO Staff Regulation 4.4 grants priority to serving staff for appointment to vacant posts. "Despite the unanimous recommendations by the senior personnel advisory boards and by the Appeals Board the Organization failed to give the complainant priority for vacant posts. It put the wrong question to its units and to its bureau of personnel. The right question was not whether there was a post that fitted her qualifications and experience but whether there was a post of which she was capable of fulfilling the duties competently. [...] No instructions went out that she should be given priority for any vacant posts. So the decision to terminate her services rested on a misinterpretation of Regulation 4.4 and so on a mistake of law. That decision must therefore be set aside".
Reference(s)
Organization rules reference: UNESCO STAFF REGULATION 4.4
Keywords:
abolition of post; candidate; decision; internal candidate; interpretation; material damages; moral injury; organisation's duties; priority; qualifications; reassignment; reinstatement; staff regulations and rules; termination of employment; vacancy;
Judgment 1550
81st Session, 1996
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"If the complainant felt that the representative's order was ultra vires the proper course was for him, not just to carry on regardless, but to raise the issue with the representative and, if necessary, refer it through the representative to Headquarters for a ruling. By failing to obey an explicit and unambiguous order from his supervisor he was in breach of his duty under the Staff Regulations, which declare staff to be subject to the authority of the Director. In this instance that authority had been delegated to the representative."
Keywords:
conduct; decision; decision-maker; delegated authority; due process; insubordination; staff member's duties; staff regulations and rules; supervisor;
Judgment 1548
81st Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
The grounds for non-renewal being deterioration from 1990 in the complainant's performance and conduct, "the burden is on the Organization to show that its decision rested upon proper appraisal of the complainant's performance. [...] All the reports up to September 1990 having been satisfactory, the Organization's failure to have proper appraisal reports made since then is a flaw in the decision."
Keywords:
breach; burden of proof; conduct; contract; decision; different appraisals; flaw; non-renewal of contract; organisation's duties; performance report; period; procedural flaw; rating; unsatisfactory service; work appraisal;
Judgment 1531
81st Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Yet, though it was lawful for the Memorandum of 23 February 1994 to set [the date of termination], not until 25 February did the complainant get notice of it. According to a general principle no decision unfavourable to an official may take effect before the date at which he gets notice of it. So the earliest date at which the complainant's separation from service might take effect was 26 February 1994, the day after he had notice of it".
Keywords:
date; date of notification; decision; effect; general principle; injury; separation from service;
Judgment 1525
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The breach of due process [that tainted the decision not to renew the complainant's appointment] caused him moral injury that warrants redress. But he has sufficient redress in the award of full pay from the date of his departure without having had to provide any services in return [the Tribunal cites the case law]".
Keywords:
case law; compensation; date; decision; moral injury; non-renewal of contract; procedural flaw; reinstatement; salary;
Consideration 3
Extract:
Consulting an advisory board before the Director-General takes a decision not to extend an appointment "is no idle formality: it is supposed to afford a means of working out a fair solution. In this case it offered the hope of redeploying someone with a long record of service.Several judgments have stressed the importance of advisory boards: see for example Judgment 352 [...], under 5."
Reference(s)
ILOAT Judgment(s): 352
Keywords:
advisory body; advisory opinion; contract; decision; non-renewal of contract; organisation's interest; patere legem; procedure before the tribunal; purpose; staff member's interest;
Judgment 1518
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11-12
Extract:
The President's decision on the complainant's internal appeal was made on the strength of internal correspondence that the complainant had never seen and that the Appeals Committee had never considered. "That constituted a gross breach of due process." Because of the breach of Article 113(1) of the Staff Regulations on the procedure before the Appeals Committee the President's decision must be set aside.
Reference(s)
Organization rules reference: ARTICLE 113(1) OF EPO'S SERVICE REGULATIONS
Keywords:
breach; case sent back to organisation; consequence; decision; decision quashed; flaw; internal appeal; internal appeals body; procedural flaw; procedure before the tribunal; right to reply; staff regulations and rules;
Judgment 1500
80th Session, 1996
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainant filed within the time limit in the Statute the complaint form provided for in the Schedule to the Rules. The entries sufficed to identify the decision he was impugning and the relief he was claiming. The registering of the complaint and the correcting of it within the time limit were in line with the Rules. Since the complaint was lodged in time the Organization's objection to receivability fails."
Keywords:
claim; complaint; correction of complaint; decision; formal requirements; iloat statute; receivability of the complaint; time limit;
Consideration 1
Extract:
"Article VII(2) of the Tribunal's Statute says that a complaint must be filed within ninety days after the complainant had notice of the impugned decision; Article 6(1) of the Rules sets out the requirements of form; and 6(2) says that if not satisfied that the complaint meets those requirements the registrar shall call upon the complainant to correct it within thirty days. The Rules do not say that all the formal requirements must be met by the date of filing."
Reference(s)
ILOAT reference: ARTICLE VII(2) OF THE STATUTE;
ARTICLE 6(1) AND 6(2) OF THE RULES
Keywords:
complaint; correction of complaint; date; date of notification; decision; formal requirements; iloat statute; receivability of the complaint; time limit;
Judgment 1456
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 26
Extract:
"By taking the German administration's figures the organisation endorsed them and subsumed them in its own decision. The figures thus become inseparable from the decision for the purpose of any litigation [...]; the EPO may not properly refer the complainants to the national administration; and that administration may not properly intervene in the organisation's decision."
Keywords:
decision; domestic law; organisation; pension adjustment system; pension entitlements;
Judgment 1450
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"The decision is authoritative in the three official versions - English, French and German [...]. The EPO says that the German was the original in the preparatory work. But neither that nor the drafting of the complainants' contracts in German confers any greater authority on that version. In law there is but one decision, and the interpretation of it, which must be objective, must match its terms and purpose."
Keywords:
authentic version; decision; interpretation; language of rule; purpose; written rule;
Judgment 1448
79th Session, 1995
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 17-18
Extract:
"The Tribunal holds that the decision [against which the complainant submitted an internal appeal] was not a final one, the object [...] being only to initiate discussion: see Judgment 336 [...]. Although he had been identified as a staff member 'likely to be terminated', there was [...] no actual decision that he would be terminated at such and such a date or on stated terms". "He failed to submit an appeal [against the final decision] and thereby failed to exhaust the internal means of redress available to him. Accordingly, his complaint is irreceivable under Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
ILOAT Judgment(s): 336
Keywords:
absence of final decision; case law; complaint; decision; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint; statement of intent;
Judgment 1439
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The grant of promotion with effect from [a given date] is an administrative decision which the complainant was entitled to challenge".
Keywords:
cause of action; date; decision; effective date; promotion;
Judgment 1432
79th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"It is immaterial to the fact of recruitment that the decision to recruit her may have been taken ultra vires. [...] The organization must bear the consequences of any decision taken by someone it has itself appointed for the purpose".
Keywords:
appointment; contract; decision; decision-maker; lack of consent; liability; organisation; organisation's duties;
Judgment 1431
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The impugned decision having been withdrawn and declared null and void by its author, "whatever his reasons for doing so may have been, the only possible inference is [...] that the complainant has no cause of action and his complaint is therefore irreceivable." The Tribunal need not rule on the substantive question he raises in the absence of any substantive dispute between the parties.
Keywords:
cause of action; competence of tribunal; complaint; decision; no cause of action; receivability of the complaint; withdrawal of decision;
Judgment 1408
78th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The decision not to allow the abatement of internal tax had a continuing effect which was reflected in each of the complainant's payslips."
Keywords:
date of notification; decision; payslip; right of appeal; time limit;
Judgment 1406
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant may not validly argue that she held a contract with the organization. Although she and various officers of the WHO did sign a proposal to extend her contract, it "was never approved by the competent officers; besides, it did not purport to be a decision and was not binding upon the WHO. So there is no valid basis in law for the rights she is claiming from the organization."
Keywords:
binding character; contract; decision; effect; non-renewal of contract; proposal;
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