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 417
44th Session, 1980
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 25
Extract:
"It is unnecessary to consider whether and to what extent, if at all, the Director-General could be made responsible for the acts or omissions of the Staff Pension Committee. What is quite clear is that he can have only a limited responsibility in its decisions."
Keywords:
decision; executive head; liability; staff pension committee; unjspf;
Judgment 404
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The complainant objects to the organisation's refusal to disclose certain documents. But she fails to indicate what bearing the allegedly withheld documents may have had on the decisions she impugns, and her plea therefore fails."
Keywords:
complainant; decision; disclosure of evidence; effect; lack of injury; request by a party;
Consideration 5
Extract:
The organisation argues that the second decision under challenge merely upheld the former, that the time limit must therefore be calculated from the date of the first decision (3 October). "In fact the decision of 18 December does not merely confirm the earlier one: it rejects the complainant's application for referral of her case to the Joint Committee and thus bars resort to an internal means of redress. Whether the time limit should run from 3 October or 18 December is therefore a matter of some doubt. It may remain unsettled [...] since the complainant's pleas are manifestly without substance."
Keywords:
confirmatory decision; date of notification; decision; internal appeal; organisation; refusal; start of time limit;
Judgment 395
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The two decisions of 1974 at issue "were not impugned before the Tribunal within the time limit. They had therefore become final when the complainant challenged them in [...] 1978 and remained in full legal force as long as they were neither amended by the Director-General himself nor invalidated by special circumstances of time or of place."
Keywords:
complaint; decision; time bar; time limit;
Judgment 390
43rd Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The letter was delivered by hand at the complainant's residence, and the complainant does not deny that the letter was accepted at his residence nor offer any explanation as to what could thereafter have happened to it. "The complainant admittedly received this letter; he did not reply to it denying receipt of the memorandum. In these circumstances the Tribunal finds that the complainant was notified of the decision on 13 January and that consequently the complaint was not filed in time."
Keywords:
complaint; date of notification; decision; evidence; time bar; time limit;
Judgment 388
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The decision to abolish the complainant's post and create a new one was taken by [a national] government, which alone was competent to take it. It was not for the [organization] to impose such a decision and so interfere in the internal affairs of the [national] authorities. Nor is it established that it sought to influence those authorities. [...] It had no reason to oppose the wishes of the [...] government, which was free to decide what form assistance from international organisations should take."
Keywords:
abolition of post; competence; decision; member state; project personnel;
Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
"If the end-product of the discussions [...] is a unilateral decision, 'consultation' is the appropriate word. If it is a bilateral decision, i.e. an agreement, 'negotiation' is appropriate. Decisions are reached after consultation; agreements after negotiation."
Keywords:
collective bargaining; consequence; consultation; decision; difference;
Judgment 375
42nd Session, 1979
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The test of receivability is applied to decisions, not to issues. If an appeal against a decision is receivable, the appellant must be allowed to raise any issue that is relevant to the decision unless that issue has actually been decided and so becomes res judicata."
Keywords:
decision; receivability of the complaint;
Judgment 364
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Time runs from the latest effective decision. If it has run out from that decision, it does not begin to run again from a later decision which does no more than affirm the earlier one."
Keywords:
confirmatory decision; date of notification; decision; new time limit; start of time limit; time limit;
Judgment 361
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 29
Extract:
"[I]f an unexplained decision is also apparently inexplicable, silence will provide a foundation for an inference that there must have been at work in the decision making some element, such as prejudice or a conclusion falsely drawn, which would require the Tribunal to interfere with the discretion. The Tribunal considers that an unexplained decision to remove the complainant after 12 days from an assignment that was clearly intended to last until the new appointment might well justify such an inference [...]."
Keywords:
assignment; bias; decision; duty to substantiate decision; flaw; grounds;
Considerations 43-44
Extract:
The Director-General's decisions are valid, but not the manner in which they were implemented. The administration could have made it clear that the complainant was a victim of the reorganisation and was not to blame. Its silence made the situation even more distressing. "Accordingly, the claim for compensation for moral damage is allowed. Since money is to be the only form of redress, the amount must be sufficient to mark the gravity of the injury."
Keywords:
decision; grounds; injury; moral injury; professional injury; reorganisation; transfer;
Judgment 354
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The fact that the original decision became final when it was not challenged within the prescribed time limit does not prevent the Tribunal from examining whether the decision not to extend the appointment "is not really a further disciplinary sanction based on the same facts, and on that account a mistake of law."
Keywords:
decision; disciplinary measure; double jeopardy; misconduct;
Judgment 334
40th Session, 1978
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
There is no need to consider the complainant's allegation of bias. "The Tribunal merely observes that the [decision to terminate the complainant for abolition of post] would be tainted with abuse of authority only if there had been no objective grounds for it." In the instant case there were such grounds.
Reference(s)
Organization rules reference: SECTION 9.1 ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
abolition of post; abuse of power; bias; decision; evidence; grounds; lack of evidence; misuse of authority; termination of employment;
Judgment 323
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"[T]he Council in general in its dealings with the staff acts through the Director-General to whom [...] the staff is responsible and who [...] carries out the Council's decision."
Keywords:
competence; decision; enforcement; executive head; legislative body;
Consideration 22
Extract:
It is not the case that "a decision of the Council which, when executed, will inevitably have an effect upon an official's rights, ipso facto alters those rights from the moment it is made and before it is executed. [I]t is the Director-General, not the Council, who vis-a-vis the official fixes his salary; this is so, whether or not in fixing the salary the Director-General is required to conform with decisions of the Council."
Keywords:
competence; decision; decision-maker; enforcement; executive head; general decision; legislative body; salary;
Consideration 7
Extract:
Is the Director-General required "to act independently as he thinks right [...] when appointing, assigning and promoting staff, or [is he] acting as executive officer [...] and carrying out the decisions of the Council" ? The Tribunal believes that the latter is the correct view [...]. "The Council must act through the Director-General. What the [Regulation] requires is a decision by the Director-General, but it is as satisfied with a decision which he is taking on the instructions of the Council as with one which he is taking on his own responsibility."
Keywords:
competence; decision; executive head; legislative body;
Consideration 22
Extract:
"Council decisions in staff matters are to be read as an instruction to the Director-General. It is his duty to put them into a form which clearly conveys to the official in precisely what way his rights are affected. It is the Director-General's decision which the official is entitled to have [...]."
Keywords:
decision; duty to inform; enforcement; executive body; executive head;
Judgment 317
39th Session, 1977
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
According to its Regulations, the Provident Scheme is a fund within the meaning of the Swiss Civil Code "and it is therefore an independent legal entity distinct from [the organisation] itself." Had the complainant wished to impugn a decision of the Secretary of the fund, "she ought to have brought her complaint against the Scheme, not the [organisation]. But the complaint is brought against the [organisation], not the Scheme, and so would be irreceivable."
Keywords:
competence of tribunal; decision; domestic law; insurance; receivability of the complaint;
Judgment 305
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Since no appeal lay to the Appeals Committee, the internal authority which took the decision was the last instance."
Keywords:
complaint; decision; decision-maker; internal appeal; internal remedies exhausted; receivability of the complaint;
Consideration 1
Extract:
"According to Article VII of the Statute of the Tribunal a complaint shall not be receivable unless the internal means of redress have been exhausted and the complaint was filed within ninety days after the notification of the impugned decision. Hence only a final decision may prompt a complaint and the period of ninety days runs from the date of notification."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
complaint; date of notification; decision; internal appeal; internal remedies exhausted; receivability of the complaint; start of time limit; time limit;
Consideration 1
Extract:
"It is immaterial that in its report [...] the Appeals Committee declared itself competent and so apparently overlooked [the provision which excludes appeals against the decision in question]. It is for the Tribunal to see whether Article VII of its own Statute is applicable: that means that in particular it must determine, with reference to the [organisation's] rules, the date on which the internal body of last instance took its decision and from which the ninety-day period therefore began to run."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
competence of tribunal; date; decision; internal appeals body; judicial review; mistaken hearing of merits; receivability of the complaint; start of time limit;
Judgment 297
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant argues that the Director-General was bound by the Committee's recommendation and in failing to act on it committed an error of law. According to the Staff Regulations, the Committee shall advise the Director-General; "indeed its function is purely advisory. The Tribunal is competent only to find breaches of terms of appointment and of the Staff Regulations. It cannot treat the above regulation as an exception and, passing over the law in force, regard the Appeals Committee's recommendation as mandatory."
Keywords:
advisory body; binding character; decision; enforcement; executive head; internal appeals body; recommendation;
Judgment 294
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"it is unnecessary to determine whether the council's decision automatically amended the rule to which the old salary schedule was attached... it is not to be expected that the council would itself consider and provide in detail for all the implications of the change. the council's function in relation to the staff is to settle or approve fundamental conditions of service and basic rights, duties and obligations..."
Keywords:
amendment to the rules; competence; decision; executive body; salary; scale; staff regulations and rules; terms of appointment;
Judgment 293
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"It is not disputed that [...] the council of the organization could by means of a resolution supplement or amend the Staff Regulations without prejudice to the acquired rights of staff members."
Keywords:
acquired right; amendment to the rules; competence; decision; executive body; staff regulations and rules;
Judgment 292
38th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The article was amended by an office note. "The complainant's request for an interpretation of [the article] is a request for a decision relating to him; it may be made at any time and is not subject to any time limit. [The administration] never gave any decision upon the interpretation of [this] article [...] or upon the relationship to it of the office notices; this [...] is the substantial question in this case."
Keywords:
administrative instruction; amendment to the rules; decision; failure to answer claim; interpretation; provision; receivability of the complaint; request by a party; staff regulations and rules; time limit;
Judgment 278
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The complaints are seeking to have quashed decisions whereby the Administrative Council [...] refused to revise the application to them of the staff pension scheme [...]. Thus what are being impugned are individual decisions, even though they are based entirely on a decision of a general character affecting all staff members."
Keywords:
adjustment; application for quashing; competence of tribunal; decision; executive body; general decision; individual decision; pension; pension adjustment system; receivability of the complaint; refusal;
Judgment 277
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The organisation maintains that the internal appeal was time-barred and therefore irreceivable. "According to Article VII, paragraph 1, of its Statute [the Tribunal] is required to consider merely whether the internal means of redress have been exhausted - in this case whether the Director-General's" original decision led to a recommendation by the Appeals Committee. That condition is undoubtedly fulfilled, and the complaint is therefore receivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
complaint; decision; internal appeal; internal appeals body; internal remedies exhausted; judicial review; receivability of the complaint; recommendation; time bar;
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