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 3037
111th Session, 2011
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The Tribunal recalls the principle that the lawfulness of a measure must be appraised as at the date of its adoption. In consequence thereof all subsequent facts are irrelevant (see Judgment 2365, under 4(c))."
Reference(s)
ILOAT Judgment(s): 2365
Keywords:
date; decision; general principle; judicial review; subsequent fact;
Judgment 3033
111th Session, 2011
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"[A]ny decision to terminate an employee's contract must be clear and precise and must comply with the applicable formal requirements. Moreover, like any decision unfavourable to an official, it cannot take effect before the date on which he or she is notified of it (see Judgment 1531, under 8)."
Reference(s)
ILOAT Judgment(s): 1531
Keywords:
cause of action; date of notification; decision; effect; formal requirements; organisation's duties; termination of employment;
Judgment 3032
111th Session, 2011
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"[W]hen an international organisation wants to fill a post by competition, it must comply with the material rules and the general precepts of the case law (see, for example, Judgment 2163 [...], under 3)."
Reference(s)
ILOAT Judgment(s): 2163
Keywords:
appointment; case law; competition; consequence; decision; due process; general principle; organisation's duties; provision; staff regulations and rules; written rule;
Judgment 3018
111th Session, 2011
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"[A repatriation] grant [...] is intended to assist internationally recruited staff members in the efforts required of them if they decide, at the end of their employment, to return to their country of origin with the intention of establishing themselves there."
Keywords:
decision; definition; non-local status; official; place of origin; purpose; repatriation allowance; separation from service;
Judgment 3016
111th Session, 2011
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"[T]he complainant's claim for egregious delay is founded. More than four years passed from the start of the post classification exercise to when the final decision was made, and that is excessive."
Keywords:
claim; complainant; decision; delay; late decision; post classification; reasonable time;
Judgment 3010
111th Session, 2011
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
Abolition of post and termination of contract following restructuring / Failure by the Organization to consult the joint advisory body (Appointment and Promotion Board) prior to terminating the complainant's contract .
"[T]he purpose of a provision requiring referral of the proposed termination of a contract to an advisory body is, as stated in Judgment 2352, 'to allow that body to ensure that all the conditions for taking such a step are met, with a view to submitting a recommendation to the executive head'".
Reference(s)
ILOAT Judgment(s): 2352
Keywords:
advisory body; condition; contract; decision; executive head; provision; purpose; recommendation; termination of employment;
Judgment 3005
111th Session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
Rejection of a request for conversion of a fixed-term appointment to a permanent one.
"In Judgment 1349, under 11, the Tribunal noted the wide discretion an organisation enjoys in relation to the decision to convert a fixed-term appointment to a permanent one. Given the highly discretionary nature of the decision, it is subject to limited review and will only be set aside 'if it is taken without authority or in breach of a rule of form or of procedure, or if it is based on a mistake of fact or of law, or if some essential fact was overlooked, or if clearly mistaken conclusions were drawn from the facts, or if there was an abuse of authority' (see Judgment 2694, under 4)."
Reference(s)
ILOAT Judgment(s): 1349, 2694
Keywords:
appointment; contract; decision; discretion; fixed-term; judicial review; permanent appointment;
Judgment 3002
111th Session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"[The principle of] res judicata [applies] only [to] judicial rulings, and not [to] administrative decisions."
Keywords:
decision; definition; enforcement; judgment of the tribunal; limits; res judicata;
Judgment 2991
110th Session, 2011
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"It is a general principle of international civil service law that there must be a valid reason for any decision not to renew a fixed-term contract. If the reason given is the unsatisfactory nature of the performance of the staff member concerned, who is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service, the organisation must base its decision on an assessment of that person's work carried out in compliance with previously established rules (see, for example, Judgments 1911, under 6, and 2414, under 23)."
Reference(s)
ILOAT Judgment(s): 1911, 2414
Keywords:
contract; decision; duty to inform; duty to substantiate decision; fixed-term; formal requirements; grounds; international civil service principles; non-renewal of contract; official; organisation's duties; right; unsatisfactory service; work appraisal; written rule;
Judgment 2986
110th Session, 2011
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 26
Extract:
"While the terms of a contract and some decisions will in principle give rise to acquired rights, this is not necessarily true of [the] provisions [of the Staff Regulations and Rules]."
Keywords:
acquired right; consequence; contract; decision; difference; effect; general principle; provision; staff regulations and rules;
Judgment 2985
110th Session, 2011
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"As the Tribunal stated in Judgment 2459, under 9, an administrative authority, when dealing with a claim, must generally base itself on the provisions in force at the time it takes its decision and not on those in force at the time the claim was submitted. Only where this approach is clearly excluded by the new provisions, or where it would result in a breach of the requirements of the principles of good faith, the non-retroactivity of administrative decisions and the protection of acquired rights, will the above rule not apply."
Reference(s)
ILOAT Judgment(s): 2459
Keywords:
acquired right; applicable law; breach; date; decision; exception; general principle; good faith; non-retroactivity; organisation's duties; provision; request by a party;
Judgment 2982
110th Session, 2011
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"[The complainant] was replaced virtually immediately even though his contract had somewhat less than two months to run [...] and he had earlier been told that he was to be provided with assistance for the project; he was given no warning of the decision; he was not heard on the question and adequate reasons were not provided. Replacing the complainant in these circumstances constituted '[a]ctions [...] directed at actively damaging [his] personal and/or professional reputation' and, thus, falls within the definition of 'harassment' in General Bulletin No. 1312 of 26 March 2002."
Reference(s)
Organization rules reference: IOM General Bulletin No. 1312 of 26 March 2002
Keywords:
decision; duty to inform; duty to substantiate decision; harassment; moral injury; organisation's duties; professional injury; reassignment; warning;
Consideration 10
Extract:
Replacement of a staff member in circumstances constituting harassment.
"The Tribunal has consistently held [...] that an organisation 'cannot base an adverse decision on a staff member's unsatisfactory performance if it has not complied with the rules established to evaluate that performance' (see Judgment 2916, under 4). It is also well established that an organisation 'owes it to its employees, especially probationers, to guide them in the performance of their duties and to warn them in specific terms if they are not giving satisfaction and are in risk of dismissal' (see Judgment 2732, under 16)."
Reference(s)
ILOAT Judgment(s): 2732, 2916
Keywords:
decision; organisation's duties; probationary period; staff assessment; staff regulations and rules; unsatisfactory service; warning; work appraisal;
Judgment 2980
110th Session, 2011
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Competition considered procedurally flawed because candidates were added to the shortlist after the evaluation process had begun.
"[T]he Tribunal rules on the basis of the specific claims against an administrative decision in a particular complaint, which means that if an alleged flaw is found not to have existed, that is not to say that the administrative decision was lawful and that no flaw exists which could be contested in a new complaint within the established time limits."
Keywords:
claim; competence of tribunal; complaint; decision; flaw; res judicata; right of appeal;
Judgment 2978
110th Session, 2011
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[A]ccording to the Tribunal's case law, when the result of a competition is announced and, more broadly when [...] the Administration chooses between candidates, the duty to state the reasons for the choice does not mean that they must be notified at the same time as the decision (see Judgments 1787, under 5, and 2035, under 4). These reasons may be disclosed at a later date, for example in the context of appeal proceedings (see Judgments 1590, under 7, and 2194, under 7)."
Reference(s)
ILOAT Judgment(s): 1590, 1787, 2035, 2194
Keywords:
appointment; candidate; competition; date of notification; decision; discretion; duty to substantiate decision; formal requirements; grounds;
Judgment 2972
110th Session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"An acquired right may derive 'from the terms of appointment, the staff rules or from a decision' (see Judgment 2696, under 5)."
Reference(s)
ILOAT Judgment(s): 2696
Keywords:
acquired right; decision; staff regulations and rules; terms of appointment;
Judgment 2963
110th Session, 2011
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The rule against retrospectivity permits of two exceptions, namely where the decision involves no detriment to the staff member concerned and where the decision replaces an earlier provisional decision (see Judgment 1130, under 2)."
Reference(s)
ILOAT Judgment(s): 1130
Keywords:
decision; exception; injury; non-retroactivity; provisional decision; staff member's interest;
Consideration 9
Extract:
"[A] decision to terminate a staff member's service retrospectively involves necessarily a detriment in that it negates the possibility of notice allowing for the person concerned to make necessary arrangements during the notice period. This is so whether or not a payment is made in lieu of notice."
Keywords:
decision; injury; non-retroactivity; notice; payment; staff member's interest;
Judgment 2959
110th Session, 2011
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Quashing of a direct appointment to the post of Chief of Cabinet.
"[T]he rights of employees of international organisations to impugn decisions regarding appointments do not depend on their chances of successful appointment (see Judgments 1549, under 9, and 1272, under 12)."
Reference(s)
ILOAT Judgment(s): 1272, 1549
Keywords:
appointment; candidate; cause of action; decision; right; right of appeal; status of complainant;
Judgment 2948
109th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"While Article VII, paragraph 3, of the [Tribunal's] Statute permits a complainant to have recourse to the Tribunal '[w]here the Administration fails to take a decision upon any claim of an official within sixty days from the notification of the claim to it', the Tribunal has consistently held that the forwarding of the claim to the advisory appeal body constitutes a 'decision upon [the] claim' within the meaning of these provisions, which is sufficient to forestall an implied rejection (see, for example, Judgments 532, 762, 786 or 2681)."
Reference(s)
ILOAT reference: Article VII, paragraph 3, of the Statute
ILOAT Judgment(s): 532, 762, 786, 2681
Keywords:
absence of final decision; case law; date of notification; decision; direct appeal to tribunal; failure to answer claim; iloat statute; implied decision; internal appeal; internal appeals body; refusal; time limit;
Judgment 2944
109th Session, 2010
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"[A]ccording to firm precedent, international civil servants do not have a right to promotion (see, for example, Judgments 1207, under 8, or 2006, under 12) and [...] decisions in this domain, which are taken at the discretion of the executive head of the organisation, are subject to only limited judicial review (see, for example, Judgments 1670, under 14, or 2221, under 9)."
Reference(s)
ILOAT Judgment(s): 1207, 1670, 2006, 2221
Keywords:
case law; decision; discretion; executive head; judicial review; limits; official; promotion; right;
Judgment 2916
109th Session, 2010
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[E]ven though notification of non-renewal is simply notification that the contract will expire according to its terms, the Tribunal's case law has it that that notification is to be treated as a decision having legal effect for the purposes of Article VII(1) of its Statute [...]. Accordingly, it may be challenged in the same way as any other administrative decision."
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 1317, 2573
Keywords:
case law; contract; decision; fixed-term; non-renewal of contract; notice; right of appeal; safeguard; staff regulations and rules;
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