Consequence (591,-666)
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Keywords: Consequence
Total judgments found: 222
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Judgment 944
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant and her husband are employees of the EPO. In view of the fact that between them they pay a double premium, she is seeking the refund at 100 per cent of their medical expenses, and not 80 per cent as stipulated in the insurance policy. In keeping with the organisation's view, the Tribunal holds that under the material rules of the organisation, "each staff member pays contributions that depend on the amount of salary, yet is entitled to the same benefits, whatever the degree of individual risk or family situation may be. Status as an official will always prevail over status as the member of an official's family, and the right to refund derives solely from the former, not from any marital connection there may be with another official."
Keywords:
consequence; contributions; family relationship; health insurance; medical expenses; official; rate; refund; right;
Judgment 943
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was promoted from grade A.3, step 11, the highest step in that grade, where he had twelve months' seniority, to grade A.4, step 8, with no seniority. He claims the right to have the twelve months' seniority carried forward. The Tribunal holds that the claim is groundless. In accordance with the Service Regulations the complainant was promoted to "the lowest step in A.4 which carried a higher basic salary than what he had received at his step in A.3 increased by one twelve-monthly incremental step in that grade."
Keywords:
consequence; promotion; reckoning; seniority; step; top step;
Judgment 936
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"The decisions determining the complainants' pay are [...] void because they rest on an invalid general decision of the Council's."
Keywords:
consequence; decision; executive body; flaw; general decision; individual decision; judicial review;
Judgment 927
65th Session, 1988
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Before the complainant's divorce during a period of trial separation, the organization discontinued payment of her family allowance and lowered the rate of her non-resident allowance. The Tribunal holds that "the temporary separation of the spouses prior to the decree of divorce, though authorised by a court order, was neither a 'legal' separation nor a 'similar legal situation' within the meaning of R IV 1.13 [of the Staff Rules and Regulations]. The trial separation is a preliminary to divorce required by law. It is limited in time and revocable. It has no effect on the marital status of the spouses, who may use it as they will. It is not in the same category as legal separation, which is a permanent solution." Since the organization made a mistake of law, the Director-General's decision must be set aside.
Reference(s)
Organization rules reference: ARTICLE R IV 1.13 OF CERN STAFF RULES
Keywords:
allowance; consequence; domestic law; family allowance; flaw; interpretation; marital status; non-resident allowance;
Judgment 922
65th Session, 1988
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal set aside the original dismissal and ordered review. Compliance with its ruling calls for more than a bald affirmation that there has been further inquiry. The complainant ought to have been received and given his say, and the decision he is now challenging ought to have set out the findings of the further inquiry. Such response to the Tribunal's ruling is cavalier and unacceptable."
Keywords:
confirmatory decision; consequence; decision; flaw; organisation's duties; procedure before the tribunal; right to reply;
Judgment 918
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Provided a communication takes the form of a decision, its lawfulness is immaterial to the reckoning of the time limit: to hold otherwise would impair the stability of the parties' position in law, which is the purpose of the time limit."
Keywords:
consequence; decision; flaw; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 907
64th Session, 1988
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant "is not entitled to damages for his wife's loss of salary and pension rights. Even if proven, the injury would not be directly attributable to the unlawful decisions."
Keywords:
compensation; consequence; decision; injury; material damages; moral injury; termination of employment;
Consideration 4
Extract:
"In Judgment 807 the Tribunal remanded the case for a new decision. It gave due instructions, observing that the complainant had not had the opportunity of answering the allegations about his work and the disruption of his section; it said that the organisation might resume the dismissal procedure on some other grounds provided for under the Staff Regulations. There were, quite plainly, supposed to be adversarial proceedings before the new decision was taken."
Reference(s)
ILOAT Judgment(s): 807
Keywords:
adversarial proceedings; consequence; flaw; organisation's duties; right to reply; termination of employment;
Consideration 7
Extract:
"Since he has twice had his dismissal set aside [the GATT] should reinstate him in a post equivalent to the one he held. If it does it shall pay him for the period from the date of his departure up to the date of his reinstatement, the amount to be reduced by the sums it has already paid him and any earnings he may have been paid during the period. His pension rights shall be fully restored."
Keywords:
amount; consequence; contract; damages; permanent appointment; reinstatement; termination of employment;
Judgment 901
64th Session, 1988
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"When an international official on mission shows professional shortcomings or fails in his duty of 'reserve' the government may of course ask the organisation to withdraw him. But termination is not the inevitable outcome. For one thing, so long as the contract is in force the Director-General does not have discretionary authority; for another, he may discuss the matter with the government [...] In any case even when the organisation acquiesces it need not terminate the appointment on that account."
Keywords:
consequence; discretion; duty of discretion; field; misconduct; organisation's duties; persona non grata; project personnel; termination of employment;
Judgment 897
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Following a promotion, the complainant was no longer entitled to a language allowance. In its place she was awarded a compensatory payment after an eighteen month delay. She regards the language allowance as part of her salary and seeks the grant of a further step. As in Judgment 737 the Tribunal dismisses her claims but awards her costs because of the delay in payment of compensation to which she was entitled.
Reference(s)
ILOAT Judgment(s): 737
Keywords:
administrative delay; compensatory allowance; compensatory measure; consequence; costs; discontinuance; language allowance; payment; promotion; reduction of salary; salary;
Judgment 894
64th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is mistaken to contend that an appointment cannot be terminated until there has been a proper medical check-up as prescribed by the Rules. [...] In fact [the check-up] is the consequence of termination."
Keywords:
consequence; contract; fixed-term; medical examination; non-renewal of contract; organisation's duties; separation from service;
Judgment 891
64th Session, 1988
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"In the absence of a definition in the Rules the post, though it began as a post of limited duration, became one of indefinite duration when prolonged after the period for which it had been created."
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF WHO STAFF RULES
Keywords:
consequence; contract; definition; duration of appointment; extension of contract; fixed-term; no provision; permanent appointment; post; successive contracts;
Judgment 886
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant was recruited from the British Office before the guidelines in Circular 144 came in but in the
course of a period in which the guidelines had retroactive effect. For the reasons stated in Judgment 855 under 12
and 13, the Tribunal holds that he was governed by the rules in force before Circular 144 and at the time of his
recruitment."
Reference(s)
Organization rules reference: CIRCULAR 144
ILOAT Judgment(s): 855
Keywords:
administrative instruction; amendment to the rules; appointment; consequence; date; enforcement; provision; transitional measures;
Judgment 879
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 13-14
Extract:
"The res judicata rule applies to an intervener because by the very act of intervening he espouses the complainant's case. It is true that there are some arguments which he puts forward again and which those judgments did not address. But that does not mean that the conditions [...] for applying the res judicata rule are not met: between this case and the earlier ones there is identity in the parties, in the purpose of the suit and in the cause of action."
Keywords:
consequence; effect; intervention; receivability of the complaint; res judicata; same cause of action; same parties; same purpose;
Judgment 874
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The ILO further submits that, having made no award of interest, the Tribunal may be deemed to have declined to do so. The plea is mistaken. To allow it would be to infer legal effect from the Tribunal's refusing or failing to rule. That would be quite wrong since there can be no implied decision to dismiss a claim when dismissal is not the necessary outcome of the judgment."
Reference(s)
ILOAT Judgment(s): 792
Keywords:
consequence; effect; interest on damages; judgment of the tribunal; refusal; tribunal;
Judgment 872
63rd Session, 1987
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"A decision by a national court cannot be binding on the Tribunal, which is the body of final instance competent to interpret the Staff Rules as an issue of law."
Keywords:
competence of tribunal; consequence; iloat; interpretation; judgment of the tribunal; last instance; municipal court; staff regulations and rules;
Judgment 860
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"Intervening in a complaint that was already pending, [the complainant in the present case] threw in his lot with Mr [S.]'s and espoused the case as it stood at the date of his application. He did become a party to that case and so for him Judgment 657 does carry the authority of res judicata."
Reference(s)
ILOAT Judgment(s): 657
Keywords:
consequence; effect; intervention; res judicata; same parties;
Judgment 806
61st Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"The procedural flaw the complainant alleges is that the EPO will fully let the appeal proceedings drag on so as to thwart his hopes of promotion. The plea fails. The EPO may not be taken to task for awaiting the Tribunal's ruling on the earlier complaint." In addition the EPO resorted to an extraordinary procedure so that his promotion could be awarded.
Keywords:
administrative delay; consequence; lack of injury; performance report; procedural flaw; procedure before the tribunal; promotion; rebuttal;
Judgment 732
58th Session, 1986
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"This complaint is not about execution as such but about the allegedly harmful consequences of the way in which the FAO executed Judgment 620. That is not a matter that is ordinarily connected with execution and it is therefore one that must go through the internal appeal procedure before it can come to the Tribunal."
Reference(s)
ILOAT Judgment(s): 297, 620
Keywords:
application for execution; complaint; consequence; execution of judgment; injury; internal remedies exhausted; judgment of the tribunal; new claim; receivability of the complaint;
Judgment 721
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The defendant has the duty to enable the court to give a full ruling on the case before it. [...] The EPO was bound to address properly the issues of fact and of law raised by the complainant. Since it has not the Tribunal will accept the complainant's allegations of fact".
Keywords:
consequence; organisation; organisation's duties; reply; submissions;
Judgment 706
57th Session, 1985
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Tribunal's judgments have the authority of res judicata. An international organisation which has recognised the Tribunal's jurisdiction is therefore bound not merely to refrain from acting in disregard of a judgment, but first and foremost to take whatever action the judgment may require. The judgment must be both respected and executed."
Keywords:
consequence; execution of judgment; judgment of the tribunal; organisation's duties; res judicata;
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