Lack of consent (561,-666)

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Keywords: Lack of consent
Total judgments found: 27

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• Judgment 567

  
  51st Session, 1983
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The complainants committed an error of judgment in thinking that the Tribunal would allow their complaints and that there was therefore no purpose in continuing with the internal proceedings. But that error was "not the same thing as lack of consent such as will render the withdrawal null and void. The basis in law of relations between organisation and staff must be stable. The complainants are liable for the course of action and the decisions they take. [...] They must be held responsible for their own actions and bear the consequences."

  Keywords:

  complainant; direct appeal to tribunal; internal remedies exhausted; lack of consent; negligence; receivability of the complaint;
  

  
  
  

• Judgment 309

  
  38th Session, 1977
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complainant's resignation, "which he gave of his own free will and without duress, was fully valid in law. It may have been given somewhat lightly, but the complainant is alone responsible and that fact does not vitiate its legal validity."

  Keywords:

  complainant; lack of consent; offer; resignation;
  

  Considerations

  Extract:

  It appears that "because of her attitude [the secretary] ought long before to have been compulsorily transferred [...] and the complainant [as her supervisor] behaved with great and unfailing propriety. But it cannot be said that the effect of [the secretary's] regrettable behaviour and of the [...] Director's equally regrettable inaction was either to put the complainant in a position which in practice precluded his continuing as chief of unit [...] or to impair his free will."

  Keywords:

  complainant; consequence; lack of consent; resignation; supervisor; working relations;
  

  
  
  

• Judgment 162

  
  24th Session, 1970
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  The complainant contests the validity of his statement admitting participation in the traffic of foreign currency. The particulars of the statement are too detailed to have been invented by third parties. Even if the complainant did not himself draft the statement, he is bound by the signature to the document. He claims to have yielded to threats and improper treatment which are highly improbable and in any case not of such a kind as to force him to confess to imaginary acts of misconduct. The statement must therefore be held to be true.

  Keywords:

  appraisal of evidence; conduct; evidence; lack of consent; staff member's duties;
  

  
  
  

• Judgment 160

  
  24th Session, 1970
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  Vide Judgment 162, consideration 1.

  Reference(s)

  ILOAT Judgment(s): 162
  

  Keywords:

  appraisal of evidence; conduct; evidence; lack of consent; serious misconduct; staff member's duties;
  

  
  
  

• Judgment 159

  
  24th Session, 1970
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  Vide Judgment 162, consideration 1.

  Reference(s)

  ILOAT Judgment(s): 162
  

  Keywords:

  appraisal of evidence; conduct; evidence; lack of consent; serious misconduct; staff member's duties;
  

  
  
  

• Judgment 150

  
  23rd Session, 1970
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "The resignation of an official of an organization entails the termination of his appointment unless it is established that the resignation was not given voluntarily."

  Keywords:

  consequence; exception; lack of consent; resignation; separation from service;
  

  
  
  

• Judgment 89

  
  15th Session, 1965
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The charges against the complainant warranted the Director-General's decision to initiate disciplinary proceedings. In offering him the choice between resignation and appearing before the Joint Committee, the Director-General acted freely and out of good-will. "It was open to the complainant, if he so desired, to defend himself against the charges preferred against him. The choice that lay before him was therefore entirely free."

  Keywords:

  disciplinary measure; disciplinary procedure; executive head; lack of consent; misconduct; proposal; resignation; right to reply; subsidiary;
  

  Consideration 1

  Extract:

  The complainant contends that "undue influence was brought to bear upon him to secure his resignation, thus implying infringement by the Director-General of a general rule of law which is equally applicable to the international civil service. On this reasoning, the present complaint is among those that the Tribunal is competent to hear."

  Keywords:

  competence of tribunal; international civil service principles; lack of consent; resignation;
  

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