Condition (589,-666)

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Keywords: Condition
Total judgments found: 322

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• Judgment 994

  
  68th Session, 1990
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  Three successive decisions to promote the complainant were taken: a promotion by direct selection from grade G.6 to P.3 as from 1 July 1986; a personal promotion from G.6 to G.7 as from 1 January 1985 and the outcome of a procedure which led to his post being regraded from G.6 to P.3 effective on 1 February 1984. The complainant challenges the Administration's decision to treat the regrading decision as void. The regrading decision was accepted by the complainant and showed no flaw. As it became final on the expiry of the time limit for challenge, the Administration may not go back on it.

  Keywords:

  condition; cumulative decisions; flaw; personal promotion; post classification; professional category; promotion; time limit; withdrawal of decision;
  

  
  
  

• Judgment 959

  
  66th Session, 1989
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  Under Article 11.15(a) of the ILO Staff Regulations "the complainant would be entitled to payment of the [repatriation] grant only if he had completed one year of service in Indonesia. His one-year contract began on 30 July 1986. But since he took up an appointment with the United Nations Children's Fund (UNICEF) in Bombay on 2 July 1987, less than a year after taking up duty with the ILO, he failed to complete the one year of service required. The claim fails."

  Reference(s)

  Organization rules reference: ARTICLE 11.15(A) OF THE ILO STAFF REGULATIONS
  
  

  Keywords:

  condition; repatriation allowance;
  

  
  
  

• Judgment 953

  
  66th Session, 1989
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2, Summary

  Extract:

  The complainant was promoted from grade A.2 to grade A.3 as from 1 March 1987. He submits that the promotion should have taken effect as from 1 August 1985, the date by which his credited experience had come to eight years, in accordance with point ii.2 of Circular 144. However, as required by Article 49[7] of the EPO Service Regulations, the complainant also had to have at least two years' service in his grade in the office in order to qualify for promotion. As the complainant did not meet the latter requirement until 1 March 1987, the Tribunal held that the impugned decision was correct.

  Reference(s)

  Organization rules reference: ARTICLE 49.7 OF EPO SERVICE REGULATIONS; POINT II.2 OF EPO CIRCULAR 144 OF 2 SEPTEMBER 1985
  
  

  Keywords:

  condition; date; effective date; grade; professional experience; promotion; seniority;
  

  
  
  

• Judgment 952

  
  66th Session, 1989
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 4-5

  Extract:

  "The burden is on the complainant to satisfy the organization that the adoption was lawful, and he has failed to discharge it. [...] The complainant has not met the further requirement that he must satisfy the organization that at the date of the adoption the parents of his grandson were deceased or permanently incapacitated and unemployable."

  Keywords:

  adoption; burden of proof; complainant; condition; death; evidence; invalidity; parent;
  

  
  
  

• Judgment 939

  
  65th Session, 1988
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 31

  Extract:

  The complainant "is free to submit to [the Tribunal] a new plea in support of [claims which remain constant]. What he may not do is address to the Tribunal claims he has not already put to the ILO."

  Keywords:

  complaint; condition; internal appeal; new plea; receivability of the complaint;
  

  
  
  

• Judgment 926

  
  65th Session, 1988
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "The purpose of the [expatriation] allowance is [...] to meet the case where the employee has no affinity with the country of his duty station. Although the employee who is a citizen will ordinarily have such affinity, 72[3] [of the Service Regulations] recognises that residence abroad for at least ten years before appointment will break it. But it is only reasonable to require that the residence abroad be continuous because any interruption of it will restore the affinity."

  Reference(s)

  Organization rules reference: ARTICLE 72 OF THE EPO SERVICE REGULATIONS
  
  

  Keywords:

  condition; duty station; enforcement; non-resident allowance; residence; staff regulations and rules;
  

  
  
  

• Judgment 925

  
  65th Session, 1988
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "The complainant's application for joinder is disallowed. Although this and his first and third complaints all arise out of disputes with the scheme, they raise different issues of fact and of law, so that the conditions for joinder are not met."

  Keywords:

  condition; joinder; refusal; tribunal;
  

  
  
  

• Judgment 912

  
  64th Session, 1988
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "There are several pleas for review which the Tribunal will entertain provided that its judgment was affected, and they include a material error, i.e. a mistaken finding of fact which involves no exercise of judgment [unlike a mistake in appraisal of facts, which involves exercise of judgment]."

  Keywords:

  admissible grounds for review; application for review; condition; material error;
  

  
  
  

• Judgment 909

  
  64th Session, 1988
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "As a rule, claims put forward in a rejoinder are receivable only if they come within the ambit of the claims as stated in the complaint."

  Keywords:

  condition; new claim; receivability of the complaint; rejoinder;
  

  
  
  

• Judgment 902

  
  64th Session, 1988
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 25

  Extract:

  The Permanent Commission of the Organisation took a decision bringing in a 5 per cent differential between pensions in Eurocontrol and pensions in the European Community. "Since the Commission is not the appointing authority its decisions are not subject to appeal".

  Keywords:

  competence of tribunal; complaint; condition; decision; decision-maker; legislative body; pension; pension entitlements; receivability of the complaint; reduction of salary;
  

  Consideration 24

  Extract:

  "The only kind of decision against which appeal will lie to the Tribunal [is] one taken by the appointing authority, and whether it is individual or general, express or implied, does not matter."

  Keywords:

  complaint; condition; decision; express decision; general decision; implied decision; individual decision; receivability of the complaint;
  

  
  
  

• Judgment 887

  
  64th Session, 1988
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 7-8

  Extract:

  "Appeal will lie either against an express decision, described as an 'act adversely affecting' the official, or against rejection inferred from failure to answer a claim. In the latter case, where the decision is implied, the prerequisite is the lodging by the official of a formal appeal with the administration."

  Keywords:

  complaint; condition; decision; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; receivability of the complaint;
  

  
  
  

• Judgment 884

  
  64th Session, 1988
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The complainant seeks to have his professional experience reckoned anew. He contends that new guidelines supersede the rule precluding the reckoning of experience gained before the age of twenty-five. The Tribunal holds that, although replacement of the rule has been proposed, "until a decision has been taken by the competent authority the 25-year rule remains in force."

  Keywords:

  administrative instruction; age limit; amendment to the rules; condition; professional experience; proposal; provision; reckoning; seniority;
  

  Consideration 4

  Extract:

  "An official has no right to promotion simply because he has the minimum seniority required for it. Seniority is not the only criterion for promotion and the President has discretion in the matter."

  Keywords:

  condition; discretion; promotion; seniority;
  

  
  
  

• Judgment 881

  
  64th Session, 1988
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 12-13

  Extract:

  The complainant asks that his professional experience be reckoned anew. "Professional experience and further studies will count under the guidelines only if subsequent to the date of the degree or diploma that qualifies for recruitment. [...] Periods of study, training or other experience prior to obtaining the professional qualification required for appointment to the EPO do form part of the qualification for which they constitute preparation and cannot count all over again as professional experience."

  Keywords:

  appointment; condition; degree; professional experience; reckoning; seniority;
  

  
  
  

• Judgment 874

  
  63rd Session, 1987
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "Interest will not be awarded on an application for a court order unless payment of the principal is due."

  Reference(s)

  ILOAT Judgment(s): 792
  

  Keywords:

  amount; condition; interest on damages; request by a party;
  

  
  
  

• Judgment 862

  
  63rd Session, 1987
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The complaints are joined because each makes the same pleas and claims and rests on the same facts."

  Keywords:

  complaint; condition; identical claims; joinder;
  

  
  
  

• Judgment 856

  
  63rd Session, 1987
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "A resignation that has taken effect is final and may not be withdrawn unless the offer was tainted with some flaw that makes it void. There will ordinarily be such a flaw if the staff member underwent compelling outside pressure. [...] But more commonly the pressure will come from the employer."

  Keywords:

  application for quashing; condition; lack of consent; offer; resignation;
  

  
  
  

• Judgment 832

  
  62nd Session, 1987
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  As a result of the adoption of a new scale of pensionable remuneration, Article 3.1.1 of the ILO Staff Regulations was amended. "The complainants' case does not rest on breach of any term of their contracts or of any provision of the Staff Regulations. What they are saying is that as applied to them Article 3.1.1 of the Regulations impairs their acquired rights. Their complaints will therefore be receivable if the application of 3.1.1 does cause them injury."

  Reference(s)

  Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS
  
  

  Keywords:

  amendment to the rules; cause of action; competence of tribunal; condition; enforcement; general decision; individual decision; injury; pension; pensionable remuneration; provision; receivability of the complaint; scale; staff regulations and rules;
  

  
  
  

• Judgment 831

  
  62nd Session, 1987
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 18

  Extract:

  "Whether or not the decision [of the International Civil Service Commission] is put into the Staff Regulations is immaterial: be that as it may it is binding on the Director-General only if lawful."

  Keywords:

  binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
  

  
  
  

• Judgment 830

  
  62nd Session, 1987
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 18

  Extract:

  See Judgment 831, consideration 18.

  Reference(s)

  ILOAT Judgment(s): 831
  

  Keywords:

  binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
  

  
  
  

• Judgment 829

  
  62nd Session, 1987
  General Agreement on Tariffs and Trade
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 18

  Extract:

  Vide Judgment 831, consideration 18.

  Reference(s)

  ILOAT Judgment(s): 831
  

  Keywords:

  binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
  

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