Condition (589,-666)
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Keywords: Condition
Total judgments found: 322
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Judgment 648
55th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
It is proper for an organization to wish to have full information on candidates in order to secure staff of sound technical competence and high moral integrity. "Whether the candidate qualifies is a matter which the executive head must be left to determine at his discretion, and the Tribunal will not review the exercise of such discretion."
Keywords:
appointment; condition; discretion; fitness for international civil service; judicial review; qualifications;
Consideration 4
Extract:
Before formally offering the candidate an appointment, the organization will ask for information from his employer and other suitable referees. "The Tribunal sees nothing untoward in taking account of such information in recruiting an international civil servant, the practice deriving from a reasonable desire to have full information on candidates and secure staff of sound technical competence and high moral integrity."
Keywords:
appointment; condition; evidence; offer; qualifications;
Judgment 642
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Fault may engage liability, but need not do so: it must also be the direct cause of injury."
Keywords:
cause; condition; injury; liability; misconduct;
Judgment 626
54th Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Decisions which may be challenged before the Tribunal do not have to be individual in nature. That they may also be general is plain from Article VII, paragraph 2, of the Statute of the Tribunal [...] but a complaint against a general decision will not perforce on that account be receivable. There is also the rule in Article VII(1) of the Statute that the internal means of redress must have been exhausted."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
competence of tribunal; condition; general decision; iloat statute; individual decision; internal remedies exhausted; receivability of the complaint;
Judgment 625
54th Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Vide Judgment 626, consideration 2.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
ILOAT Judgment(s): 626
Keywords:
competence of tribunal; condition; general decision; iloat statute; individual decision; internal remedies exhausted; receivability of the complaint;
Judgment 624
54th Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 626, consideration 2.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
competence of tribunal; condition; general decision; iloat statute; individual decision; internal remedies exhausted; receivability of the complaint;
Judgment 623
53rd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant pleas that he had no chance to present his case to the Appeals Committee in person. "All that the right to a hearing requires is that the complainant should be free to put his case, without arbitrary restrictions, either in writing or orally."
Keywords:
condition; internal appeal; internal appeals body; right to reply;
Judgment 621
53rd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"A contract is concluded only if both parties have shown contractual intent, all the essential terms are worked out and agreed on, and all that may remain is a formality of a kind requiring no further agreement." [The letter of appointment, which in this case is lacking, is a formality which calls for no further agreement.]
Keywords:
condition; contract; intention of parties;
Judgment 616
53rd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"When there is a strike and someone stays at home instead of going to work it would, to say the least, be an oddity to treat him as not having gone on strike on his mere assertion that he was at his supervisor's disposal."
Keywords:
condition; right to strike; strike;
Consideration 3
Extract:
"The stoppages were declared by the [Union], which called on the staff not to work: there was a strike in the technical meaning of the term. Even on the unproven assumption that the administration were not altogether opposed to the protest and indeed incited it, the nature of what happened would still be the same in law. A lockout presupposes a direct instruction or some other form of action by the competent authority to stop the staff from being at work".
Keywords:
condition; lockout; right to strike; strike;
Judgment 607
52nd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
On questions of principle, the Tribunal holds that "a staff member whose fixed-term appointment has expired may not be declared out of time so long as his former employer has not informed him of the non-renewal. Normally, the non-renewal will be an explicit decision. Only where a staff member has expressly applied for renewal will rejection of his application be implied on the expiry of the time limits set".
Keywords:
condition; contract; express decision; fixed-term; non-renewal of contract; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 594
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"It is not every reformulation of the duties of a post that produces the result that there are increased duties and responsibilities within the meaning of [the material provision in the Staff Manual]. What must be shown is that the totality of enumerated duties, taken in the light of the everyday functioning of the post, in all the circumstances surrounding such functioning, represents an increase in the duties and responsibilities of the post. This the complainant has been unable to show."
Keywords:
amendment to the rules; condition; post classification; post description; promotion;
Judgment 592
51st Session, 1983
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The organisation argues that by accepting the final extension of his appointment, the complainant waived his right to appeal and the complaint is irreceivable because it is in breach of the principles of good faith and estoppel. The Tribunal holds that waiver of a right to bring action may not be presumed; waiver is binding only if it is express or clearly implied on the facts. Mere acceptance of a decision giving him partial satisfaction does not necessarily denote waiver of the claims which had not yet been met.
Keywords:
acceptance; condition; contract; estoppel; extension of contract; good faith; receivability of the complaint; waiver of right of appeal;
Judgment 585
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"What the right [to a hearing] requires is that the parties should have a chance to state their views before any decision is taken to their detriment. It does not mean that they must be allowed to comment at every stage in the procedure. In particular they have no right to be consulted by a branch whose opinion is sought by the decision-maker, and [the directorate] was not required to give the complainant a hearing when it was consulted for the second time about her grading."
Keywords:
condition; post classification; right to reply;
Judgment 580
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Waiver of an action may not be presumed. The plea will succeed only if there was a statement its author clearly intended should carry legal force."
Keywords:
condition; waiver of right of appeal;
Judgment 577
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The decision not to renew the complainant's contract was taken in the framework of economy measures requiring the abolition of certain posts. The complainant was not qualified to hold any of the vacant posts available [...] and his linguistic skills were insufficient to [permit] alternative employment [to be obtained] for him. His allegation of discrimination is, in the circumstances, unfounded."
Keywords:
abolition of post; budgetary reasons; condition; contract; fixed-term; non-renewal of contract; qualifications; reassignment;
Judgment 574
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal observes that the defendant is under a duty to enable the court to render a complete decision on the dispute. If the party who is the defendant takes the view that the complaint should be rejected because it is clearly vexatious, he may apply to the Tribunal, before filing the reply, for permission to confine his arguments to that point. Otherwise he will incur the danger that the Tribunal declare the allegations of fact in the complaint to be established."
Keywords:
acceptance; condition; consequence; organisation's duties; reply confined to receivability; submissions; tribunal;
Consideration 2
Extract:
Where a plea of res judicata "is upheld the effect is to preclude a further ruling on claims identical in substance to claims on which the Tribunal has already passed judgment. Where the earlier complaint was dismissed the doctrine of res judicata will apply if three conditions are fulfilled": that the parties must be the same, that the substance of the claim should be the same and that the cause of action should be the same.
Keywords:
condition; res judicata; same cause of action; same parties; same purpose;
Judgment 570
51st Session, 1983
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The organisation pleads [...] that the Tribunal omitted to take account of material facts. In support of such a plea, the organisation should [1] particularise each fact that was ignored; [2] identify the passages in the dossier which show that the organisation was relying upon the fact; [3] demonstrate from the terms of the judgment submitted for review that the Tribunal could not have reached the conclusion it did if it had taken the fact into account."
Reference(s)
ILOAT Judgment(s): 507, 508
Keywords:
application for review; condition;
Judgment 567
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"It is true enough that withdrawal of suit may not be presumed, but the complainants expressed their wishes clearly. It is also true that withdrawal may be cancelled at any time until it is accepted; but here it was not cancelled before the President [of the Office] took note of it."
Keywords:
acceptance; condition; waiver of right of appeal; withdrawal of suit;
Judgment 566
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"If the strike involved the breach of obligations under the rules or contractual obligations or led to unlawful acts, it would be admissible for the administration to take special measures, but in that event there would not be a strike in the proper sense, and the measures would be disciplinary. The strike was not of such a kind in this case."
Keywords:
condition; disciplinary measure; misconduct; right to strike; staff member's duties; strike;
Judgment 565
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
It is not enough for a complainant "to allege emotional distress to obtain financial compensation. What the Tribunal will require is that in the circumstances the effect on his feelings should have been appreciably greater than that of the ordinary fortunes of everyday life."
Keywords:
condition; moral injury;
Consideration 5(D)
Extract:
"According to the Tribunal's case law claims to compensation are receivable if linked with a claim for breach of a contract of appointment or of the Staff Regulations."
Keywords:
claim; condition; damages; receivability of the complaint;
Judgment 564
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant was eliminated from a competition. Another candidate was selected: "It is no breach of any provision of the Staff Regulations to promote someone who has been in his previous grade for only a year. It is immaterial whether that is common practice or not."
Keywords:
condition; grade; practice; promotion; seniority;
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