Consequence (591,-666)
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Keywords: Consequence
Total judgments found: 222
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Judgment 451
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
When an appeals body cannot examine a case "in the second instance" because no decision had been taken by the lower body, there is no obligation on an appellant to explore ways of putting pressure on the latter to discharge its duty. The complaint is receivable.
Keywords:
consequence; failure to answer claim; internal remedies exhausted; receivability of the complaint;
Judgment 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"As a rule an official's comments on his subordinates do not give them any right to compensation; otherwise supervisors would express only guarded opinions about their subordinates, and that would be harmful to the organisation's efficiency. The most that can be said is that when a supervisor expresses an opinion which he knows to be untrue for a purely malicious purpose he, or the organisation, will be liable."
Reference(s)
ILOAT Judgment(s): 404
Keywords:
allowance; application for review; consequence; difference; general principle; injury; liability; mistake of fact; organisation; purpose; right; supervisor; work appraisal;
Consideration 8(G)
Extract:
An application for review "will fail unless it relies on flaws which may have an effect on the Tribunal's decision."
Reference(s)
ILOAT Judgment(s): 404
Keywords:
application for review; condition; consequence; flaw; receivability of the complaint;
Judgment 428
45th Session, 1980
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Although the complainant was not invited to address the [Review Committee on classifications], his application for review of his classification was put to it. It is therefore not open to him to allege any breach of his right to a hearing, since the right does not mean that he is entitled to be heard in person."
Keywords:
consequence; internal appeals body; post classification; right to reply;
Judgment 416
44th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The rights that arise from the performance of duties (remuneration, promotion, guarantee of employment) are suspended until reinstatement. "Reinstatement is [...] subject to two cumulative conditions: first, there must be a vacant post and, secondly, the staff member must be qualified for it."
Keywords:
career; compassionate leave; condition; consequence; qualifications; reinstatement; special leave; vacancy;
Consideration 2
Extract:
Under the applicable provision, a staff member on leave is no longer performing the duties of his former post; although he continues to be an official, the rights arising from the performance of duties [remuneration, promotion, guarantee of employment] are suspended until reinstatement in employment. According to the letter and spirit of the provision, the organisation "may use the vacant post to suit its own interests".
Keywords:
compassionate leave; consequence; special leave; status of complainant;
Judgment 397
43rd Session, 1980
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Although the complainant's argument was endorsed by the Appeal Board and did perhaps have some truth in it, it is not borne out by sufficient evidence for the Tribunal to find that the Secretary-General drew clearly mistaken conclusions from the facts."
Keywords:
binding character; consequence; internal appeals body; judgment of the tribunal; recommendation; tribunal;
Judgment 392
43rd Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
A provision exists for the termination of appointment in the event of abandonment of post. The rule must be interpreted in the light of the ordinary principles of contract law. "If one party to a contract fails or refuses to perform his duties under the contract in circumstances which show that he does not intend ever again to resume them, i.e. show [...] that he is abandoning his post, the other party is entitled to treat the contract as at an end".
Keywords:
abandonment of post; condition; consequence; law of contract;
Judgment 388
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant died [...] after the complaint had been filed. His heirs have stated that they wish to pursue the proceedings in his place. The present judgment will therefore take effect for their benefit." The heirs are his wife, his infant children and the children by his first marriage.
Keywords:
case pending; complainant; consequence; death; effect; judgment of the tribunal; successor;
Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
"If the end-product of the discussions [...] is a unilateral decision, 'consultation' is the appropriate word. If it is a bilateral decision, i.e. an agreement, 'negotiation' is appropriate. Decisions are reached after consultation; agreements after negotiation."
Keywords:
collective bargaining; consequence; consultation; decision; difference;
Consideration 5
Extract:
It is significant that the defendant organisation has provided for the application of the United Nations Staff Rules and Regulations. "This Tribunal would therefore hesitate to depart from any interpretation which had been placed upon any regulation by the United Nations Tribunal. The fundamental question in issue cannot, however, be decided as a matter of pure interpretation." [cf. UNAT case No 225; UNAT Judgment No. 236]
Reference(s)
ILOAT Judgment(s): 236
Keywords:
case law; consequence; enforcement; iloat; interpretation; judgment of the tribunal; staff regulations and rules; unat;
Judgment 378
42nd Session, 1979
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Preamble; second paragraph
Extract:
The complainant died in an accident after filing suit. His family wished to pursue the proceedings and not withdraw suit.
Keywords:
case pending; complainant; consequence; death; ratione personae; successor;
Judgment 369
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Under an agreement, the IPI was integrated into the EPO which took over the assets and liabilities and "replaced the Institute in disputes with its staff members. Hence the EPO, and not the Institute, is the defendant in the present case, its recognition of the Tribunal's competence having been accepted by the Governing Body of the International Labour [Office]."
Keywords:
competence of tribunal; consequence; declaration of recognition; merger;
Judgment 366
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"[E]ven if a staff member gets no salary increase on promotion his position is not necessarily just as before. Not only may he be given work which will give him greater satisfaction but he will be better placed for further promotion which does bring a salary increase."
Keywords:
consequence; increase; promotion; salary;
Judgment 365
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Vide Judgment 366, consideration 9.
Reference(s)
ILOAT Judgment(s): 366
Keywords:
consequence; increase; promotion; salary;
Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The language and form of the document and the circumstances in which it was executed support the view that the organization intended to make a commitment, albeit one that was subject to conditions. "Owing to its failure to distinguish between a contract to appoint and the fact of appointment itself, the organization erroneously believed that it would not be legally bound until the appointment was actually made."
Keywords:
appointment; condition; consequence; contract; formal requirements; intention of parties; organisation's duties;
Judgment 328
39th Session, 1977
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants claim benefits dependent on their having non-local status. WHO Staff Rule 280.7 sets a retroactive time limit of one year for such claims. The complainants knew what they were doing at the time of recruitment when they signed a modified appointment form in order to obtain their employment. The organization may have acted reprehensibly, but its conduct amounts neither to concealment nor to bad faith: the organization may therefore rely on the material provision.
Reference(s)
Organization rules reference: WHO STAFF RULE 280.7
ILOAT Judgment(s): 272
Keywords:
allowance; consequence; good faith; non-local status; non-retroactivity; organisation; receivability of the complaint; refund; time limit;
Consideration 3
Extract:
"If it can be established that the conduct of the organization was such as to conceal from the complainants in bad faith that they had the claims which they were now putting forward, then the organization could not in the opinion of the Tribunal rely upon the rule [which disallows requests for benefits more than twelve months from the date at which the initial payment would have been due]."
Keywords:
allowance; consequence; good faith; local status; non-local status; non-retroactivity; organisation; receivability of the complaint; refund; request by a party;
Judgment 327
39th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
A complainant may properly contend that the internal appeals bodies wrongly refused to hear an appeal submitted to them and that the complaint lodged with the Tribunal is therefore receivable. An organisation may correctly argue that those bodies acted improperly in ruling on the merits of an appeal and that the complaint is therefore irreceivable. "In ruling on such contentions the Tribunal does not [...] admit the receivability of the complaint itself but merely settles a preliminary point on which the receivability of the complaint depends."
Keywords:
complaint; consequence; internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint;
Judgment 324
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"It is [...] immaterial whether the complainant caused his employer any material prejudice. What matters is that he committed a breach of duty which warranted the decision not to renew his appointment."
Keywords:
condition; consequence; contract; misconduct; non-renewal of contract; staff member's duties;
Judgment 320
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
The Tribunal "does not invariably order [...] reinstatement [...] since it may present practical difficulties. In the present case [...] the complainant's long and excellent record of service to the [organization], enhanced by his conduct in [...] trying circumstances [...] and by the clarity and moderation of his submission to the Tribunal [...] have shown him to be an officer whom the organization should be sorry to lose."
Keywords:
consequence; probationary period; reinstatement; termination of employment;
Consideration 19
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; criteria;
Judgment 319
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The rules exclude from the material benefits two categories of officials. The first consists of those who adopt the nationality of the duty station, who may be regarded as having broken their links with their country of origin. Having changed their way of living, they are no longer in need of the special benefits. The other category is made up of local officials who give up the nationality of the duty station. They do not thereby change their way of living and so are not qualified for benefits framed for those who are moving from one country to another.
Keywords:
amendment to the rules; consequence; local status; nationality; non-local status; status of complainant;
Summary
Extract:
When she was recruited, the complainant had local status. She later married, acquired a new nationality by naturalisation and lost her original nationality. The Tribunal holds that her status is dependent on her nationality at the time of appointment. According to the relevant provisions, a change of nationality does not in itself entail a change in status. The complainant is not entitled to the benefits provided for officials who leave their own country to live in another. The complaint is dismissed.
Keywords:
amendment to the rules; appointment; consequence; local status; marital status; nationality; non-local status;
Consideration 3
Extract:
The text cited "is merely pointing out [...] that a change of status may be caused by a number of factors which it specifies and of which a change of nationality is one. It does not mean that every rule dealing with a change of nationality has to be interpreted, even if contrary to its express words, to effect a change of status."
Keywords:
amendment to the rules; consequence; local status; nationality; non-local status; status of complainant;
Judgment 309
38th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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 295
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant was seconded from a national ministry. "The fact that [he] was apparently promoted in the French civil service [on a particular date] has in any event no bearing on the terms of his contract with the organisation."
Keywords:
consequence; domestic law; promotion; secondment;
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