Consequence (591,-666)
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Keywords: Consequence
Total judgments found: 222
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Judgment 291
38th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The complaint [as submitted] is not [...] in due and proper form and does not contain all the information desired. While the Tribunal does not hold the complaint irreceivable, it can consider only the pleas made by the complainant in the memoranda before it."
Keywords:
complaint; consequence; formal requirements; judicial review; limits; receivability of the complaint;
Judgment 284
37th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"A circular of this character does not, as do the Staff Regulations, form part of a staff member's terms of appointment and so as a general rule a departure from its provisions does not of itself give him any right to relief [...] If a circular prescribes a certain procedure to be followed, the Tribunal will consider, not necessarily whether the procedure has been exactly followed, but whether any departure from it has prejudiced the staff member in a way that affects his rights."
Keywords:
administrative instruction; consequence; injury; judicial review; lack of injury; procedure before the tribunal; terms of appointment;
Judgment 280
37th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"According to Article II, paragraph 1, of its Statute the Tribunal may hear complaints lodged by officials subject to its jurisdiction alleging non-observance of the terms of their appointment or the Staff Regulations. The present complaint fulfils those requirements and is therefore receivable. It is immaterial that the complainant left the service of the organisation [...] since he is contesting decisions taken earlier. [...] To be receivable a complaint need only [...] allege breach of provisions or principles applicable to the staff."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
Keywords:
cause of action; competence of tribunal; consequence; receivability of the complaint; separation from service;
Judgment 277
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"It is immaterial that the Appeals Committee may have erred in hearing the appeal. The fact is that it gave its views and consequently the complainant had recourse to the internal means of redress available to him."
Keywords:
consequence; internal appeal; internal appeals body; internal remedies exhausted; mistaken hearing of merits; receivability of the complaint; recommendation; time bar; time limit;
Judgment 274
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
According to the organization, the memorandum in question signified the initiation of disciplinary proceedings. But the memorandum was written "in the language of conclusions and not of allegations; it is impossible to argue that the writer of a letter which says that if the misconduct is repeated the offender may be dismissed, retains an open mind about whether or not misconduct had occurred. [...] The language of this memorandum disqualifies the Director-General from administering either a censure or a reprimand."
Keywords:
censure; consequence; decision; disciplinary measure; disciplinary procedure; discretion; reprimand;
Consideration 26
Extract:
"When [the complainant] is present at a meeting of the [organization's] council or of its committees [she] must behave with the same propriety as any other staff member. If there was here an act of misconduct, the fact that it was committed by a staff representative for a serious purpose mitigates the offence but does not extinguish it."
Keywords:
conduct; consequence; freedom of association; misconduct; staff member's duties; staff representative; staff union;
Consideration 19
Extract:
"The position of a staff representative is not an easy one. There may be times when there is a conflict of interest between loyalty to the staff and loyalty to the administration. Each representative must resolve the conflict in his or her own way and not all will see it alike."
Keywords:
consequence; freedom of association; staff member's duties; staff representative;
Consideration 22
Extract:
"Freedom of association means that there must be freedom of discussion and of debate, and this freedom when feelings run strong [...] can spill over into extravagant and even regrettable language. The Staff Council has its own rules for dealing with misdemeanours of this sort. There could be no true freedom of association if the disapproval of the Director-General, whether justified or not, of what was said could lead to disciplinary measures.
Keywords:
conduct; consequence; disciplinary measure; freedom of association; freedom of speech;
Judgment 272
36th Session, 1976
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant is entitled to have it declared that she was at the time of her appointment resident at Lima. "But the Tribunal will not decide that she was entitled to 'attendant benefits' [...] This is a question which may be answered differently in the case of different benefits under different rules; the answer may be dependent also upon the relevant facts and circumstances at the time when the benefit becomes due. If and when an allegation is made that any particular benefit has been wrongfully withheld, the Tribunal will decide it upon the facts then presented.
Reference(s)
Organization rules reference: WHO STAFF RULE 360
Keywords:
appointment; case sent back to organisation; consequence; non-local status; residence;
Judgment 271
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
"A rule which applies only to the longer journeys may result in links with the more distant countries being lost. Moreover, if the Director-General has power to rule that only a proportion of the cost of the whole journey need be paid, there can be no reason why he should not in all cases fix the proportion at whatever percentage he thinks the organization can afford." [The Tribunal has established that reasonable expenses should be paid for the whole journey.]
Keywords:
amount; consequence; home leave; rate; refund; travel expenses;
Judgment 269
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Far from being determined once and for all, the purposes and structure of an organisation must move with the times and no institution is immune to change. According to circumstances such change in an organisation may entail the abolition of posts. Even if there is no express provision in the Staff Regulations or Staff Rules for such a measure, it is implicit in the principle that no organisation is bound to [conserve] the purposes and policies which it adopted at any particular time [in the past]."
Keywords:
abolition of post; consequence; organisation's interest; reorganisation;
Judgment 267
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant had reached retirement age and his employment was not extended by the Director-General. "[I]t does not appear from the dossier that on his return to headquarters the complainant was promised any further appointment." Nor did the material letter "imply any such promise, particularly since it was not addressed to the complainant."
Keywords:
age limit; consequence; contract; evidence; headquarters; lack of evidence; offer; promise; retirement; transfer;
Judgment 265
36th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Director-General of the organisation, by virtue of the general authority conferred on him as such and in the interests of efficiency, is empowered to change the duties assigned to his subordinates provided that that change is not tainted with any flaw which entitles the Tribunal to interfere. In the present case it is not disputed that the change was not so tainted. In particular, it does not appear from the documents in the dossier that the impugned decision was taken from any motive other than a desire to promote work efficiency."
Keywords:
amendment to the rules; assignment; consequence; discontinuance; discretion; judicial review; organisation's interest; special post allowance;
Judgment 263
35th Session, 1975
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In refusing to promote officials who had resigned the Director-General did not draw any clearly mistaken conclusion from the situation of such officials. Promotion may have two consequences: either a salary increase with new duties and greater responsibilities; or salary increase alone. "In the former case promotion would serve no purpose: the official who had resigned would remain for too short a time in the higher grade to which he had been promoted to perform the duties of the new post. In the latter case the decision not to promote the official is also warranted: [the] purpose [of promotion] is not merely to reward the official for past and present performance but also generally to encourage him to remain for a long period in the service of his employer."
Keywords:
consequence; organisation; promotion; purpose; refusal; resignation; separation from service;
Judgment 262
35th Session, 1975
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Director-General informed the staff of the criteria for promotion applicable in 1974. One of these criteria refers to officials who reached a specific step "not later than" 1974. The other material criterion merely refers to those who by 1974 had a certain seniority at another step. "Whether intentional or not, the difference between the two texts does not necessarily mean that the solutions should be different. The solution should nevertheless be based on objective reasons."
Keywords:
consequence; criteria; difference; promotion; provision;
Consideration 5
Extract:
"In principle a complainant whose complaint is allowed in whole or in part is entitled to costs, to be paid by the defendant organisation. There is no need for the complainant to have put in an express claim for such costs. Nor is it material whether he has been assisted or represented by counsel. However, costs are payable only to the extent warranted by the circumstances of the case, that is to say its nature, importance and complexity and the actual contribution made by the complainant or his counsel to the proceedings."
Keywords:
amount; consequence; costs; elements;
Judgment 261
35th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The complaint does not relate to any non-observance by the organization of the complainant's terms of appointment and consequently this claim falls outside the Tribunal's jurisdiction. It is therefore unnecessary to consider whether or not it is time-barred."
Keywords:
breach; cause of action; claim; competence of tribunal; complaint; consequence; no cause of action; organisation; receivability of the complaint; terms of appointment; time bar;
Judgment 257
34th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The two categories have separate salary scales and are subject to different systems of calculation for variations and adjustments to meet cost of living increases and so forth. The problems stem from the fact that there is no inter-relationship between the two systems with the consequence that, unless special provision is made, promotion could leave the staff member promoted financially worse off."
Keywords:
adjustment; consequence; difference; general service category; professional category; promotion; salary; scale;
Considerations 4-5
Extract:
"After the complainant's promotion the changes which occurred in salary scales and adjustments in the general service category were more beneficial to the staff than those which occurred in the professional category. [...] The consequence is that her annual pension is now [...] less than it would have been if she had not accepted promotion." The complainant ought not to have to suffer from her promotion.
Keywords:
amendment to the rules; consequence; general service category; pension; professional category; promotion; reduction of salary; salary; scale;
Consideration 5
Extract:
The material rule "leaves the solution to special arrangements to be made for maintaining the pensionable remuneration at its previous level [when promotion results in a reduction]. If the word 'on' is construed as meaning 'on or after' and the phrase 'at its previous level' is construed as meaning 'at the level at which it would otherwise have been', the word 'maintaining' can be given its full effect [...] Having regard to the manifest object of the rule, the Tribunal does not consider that this reading of it puts a strain upon the language which it cannot bear."
Keywords:
compensatory measure; consequence; interpretation; pension; pensionable remuneration; promotion; provision; reduction of salary; staff regulations and rules;
Judgment 254
34th Session, 1975
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[W]hether the superior is in error or not, there is nothing in the dossier to show that the criticism does not express his honest opinion. For the Tribunal to interfere in the case of an appraisal report what must be shown is not a preconceived opinion in the mind of the maker of the report but a wrongful motivation."
Keywords:
bias; condition; consequence; injury; performance report; unsatisfactory service;
Judgment 250
34th Session, 1975
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The illness which the complainant suffered during his appointment with the organisation left no mark on him and it did not prevent him from resuming normal work in his national administration nor from obtaining high-level responsibilities. Since the organisation met all expenses incurred by reason of his illness, the complainant suffered no other prejudice thereby and cannot properly claim compensation for disability from which he does not in fact suffer.
Keywords:
consequence; health insurance; illness; invalidity; lack of injury; medical expenses;
Judgment 247
33rd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"[I]t does not in the least follow that because a director confers upon one of his subordinates a limited authority in certain matters, that subordinate is thereby raised hierarchically and entitled to exact all the respect which is due to a superior."
Keywords:
conduct; consequence; delegated authority; staff member's duties; supervisor; working relations;
Judgment 245
33rd Session, 1974
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
[T]he refusal of the complainant's request to extend his contract "deprives him of his pension entitlements. It therefore has substantial effects on the financial interests of a staff member whose services were consistently regarded by [the organisation] as satisfactory."
Keywords:
consequence; contract; extension of contract; fixed-term; non-renewal of contract; organisation's duties; participation; pension; refusal; unjspf;
Judgment 238
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The impugned decisions relate to two different competitions and are contested on different grounds, although "each of them affects the complainant's career in a very similar way. The complainant may therefore refer them to the Tribunal in one and the same complaint."
Keywords:
appointment; career; competition; consequence; decision; receivability of the complaint;
Judgment 234
32nd Session, 1974
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]here can be no claim in respect of currency devaluation as such." But there can be a claim for compensation for the delay in payment. "In the circumstances of [the] case this compensation should be assessed as the diminution in the amount of rupees eventually received by the complainant, the diminution being due to the change in the rupee/dollar rate during the period of delay."
Keywords:
administrative delay; amendment to the rules; competence of tribunal; consequence; currency of payment; delay in payment; exchange rate; execution of judgment; injury; judgment of the tribunal; material damages; moral injury; receivability of the complaint;
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