Budgetary reasons (380,-666)

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Keywords: Budgetary reasons
Total judgments found: 50

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• Judgment 339

  
  40th Session, 1978
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 11-12

  Extract:

  There is nothing to suggest that the organization did not at the time of the contract intend to commit itself. The letter announcing the cancellation did not suggest that there had never been any commitment. The reason given was the financial situation of another body which was said to constitute a case of force majeure [...]. This point has not been pursued. the document constituted a contract for a conditional appointment.

  Keywords:

  budgetary reasons; condition; contract; force majeure; grounds; intention of parties; offer; offer withdrawn; organisation;
  

  Consideration 15

  Extract:

  The withdrawal of finance by another body might be shown "as having such a crippling effect on the organization's ability to continue with the contract as to constitute reasonable grounds for its termination. But there is no material in the dossier which would enable the Tribunal to reach any conclusion about the effect of the withdrawal [...]. There is nothing [...] to connect the disapprovals with any financial situation." And there are further reasons for supposing that there may have been other factors to consider.

  Keywords:

  budgetary reasons; contract; grounds; judicial review; lack of evidence; offer; offer withdrawn;
  

  
  
  

• Judgment 312

  
  38th Session, 1977
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "[T]he allegedly misleading advice given to the Director-General about the complainant's abilities and qualifications can have played no part in the impugned decision, which was taken for budgetary reasons cogently explained by the organisation in the course of the proceedings."

  Keywords:

  abolition of post; budgetary reasons; grounds;
  

  
  
  

• Judgment 229

  
  32nd Session, 1974
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2(h)

  Extract:

  "[T]he Director-General did not draw conclusions which are clearly false from the facts brought to his attention. Over and above the various criticisms, couched in more or less veiled terms, of the complainant's relations with other staff members, the organisation's financial difficulties [...] warranted the decision to terminate the appointment of a staff member whose services appeared no longer necessary."

  Keywords:

  budgetary reasons; conduct; contract; fixed-term; non-renewal of contract; working relations;
  

  
  
  

• Judgment 166

  
  25th Session, 1970
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "With regard to the non-renewal of the complainant's contract, it is clear from [...] the evidence [...] that the measure in question was justified by the termination of the [mission] for which [the complainant] had been appointed, and by the exhaustion of the funds allocated to it, and also that the measure was of a general character which did not affect [the complainant] alone." There is no evidence of animosity or bias.

  Keywords:

  budgetary reasons; contract; fixed-term; non-renewal of contract; project personnel;
  

  
  
  

• Judgment 139

  
  22nd Session, 1969
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "[T]he desire to terminate the contract of an unsatisfactory staff member is not in itself a ground for suppressing his post; that would mean depriving the staff member concerned of the legal remedies to which he is entitled, or at least, by disguising the true reasons for his termination, would make it difficult for him to defend his interests. If, however, the result of a suppression of post is to effect a permanent saving, it is not irregular simply because it also has the effect of removing an official."

  Keywords:

  abolition of post; budgetary reasons; conduct; grounds;
  

  Consideration 1

  Extract:

  "The decision to suppress a post lies within the Director-General's discretion. [...] In order to meet the objection of abuse of authority, the decision must be justified in the interests of the service. Consequently it must have the lasting effect of reducing the size of the staff, that is to say the expenses of the organization. It is not necessary, however, that the duties of the person holding the post should be abolished. They can be assigned to other staff members [...] on condition that this is not merely a provisional measure."

  Keywords:

  abolition of post; abuse of power; budgetary reasons; misuse of authority; organisation's interest; staff reduction;
  

  
  
  

• Judgment 14

  
  4th Session, 1954
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The Staff Regulations provide that in the event of a reduction of staff preference be given to staff members with permanent appointments. The "systematic recourse to the statutory exception would be contrary to the spirit of the provisions governing the conditions of service of permanent officials who must in principle be protected against [budgetary] fluctuations, and would thus lead to rendering the notion of permanency of function void of substance; [...] such a procedure would impede good administration and endanger the sound functioning of the international organisations.

  Keywords:

  abolition of post; budgetary reasons; contract; effect; organisation's interest; permanent appointment; priority; staff reduction; termination of employment;
  

  
  
  

• Judgment .08

  
  Sessions of the Administrative Tribunal of the League of Nations, 1946
  League of Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  budgetary reasons; interpretation; local status; renewal of contrat;
  

  
  
  

• Judgment .07

  
  Sessions of the Administrative Tribunal of the League of Nations, 1946
  League of Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  budgetary reasons; interpretation; local status; renewal of contrat;
  

  
  
  

• Judgment .06

  
  Sessions of the Administrative Tribunal of the League of Nations, 1946
  League of Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  budgetary reasons; interpretation; local status; renewal of contrat;
  

  
  
  

• Judgment .05

  
  Sessions of the Administrative Tribunal of the League of Nations, 1946
  League of Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  budgetary reasons; interpretation; local status; renewal of contrat;
  

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