Definition (601,-666)
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Keywords: Definition
Total judgments found: 156
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Judgment 2092
92nd Session, 2002
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"One of the tests which the Tribunal has developed over the years to determine whether or not a post has truly been abolished is to ask whether or not the 'abolition' has resulted in a reduction of the number of staff in the affected department. (See, for example, Judgment 139 [...].) If it has not, the presumption is that all that has taken place is a redistribution of functions among existing posts [...] and not the abolition of one or more posts".
Reference(s)
ILOAT Judgment(s): 139
Keywords:
abolition of post; case law; consequence; criteria; definition; iloat; judicial review; post; reorganisation; staff reduction;
Judgment 2091
92nd Session, 2002
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10 and 12
Extract:
The complainant had an accident while on duty. He signed a settlement agreement with the organisation and the CERN Pension Fund in order to solve the issue of the payment of an incapacity pension by the pension fund. "The ESO submits the complaint is not receivable as it does not allege non-observance of the terms of the complainant's appointment or of the [organisation]'s rules and regulations [...]. The Tribunal considers that since the settlement between the complainant, the [organisation] and the CERN Pension Fund arises out of the complainant's rights under his contract of employment as well as the Staff Rules and Regulations, it has jurisdiction to consider the effect of the trilateral agreement."
Keywords:
breach; cern pension fund; competence of tribunal; complainant; complaint; consequence; contract; definition; effect; iloat; incapacity; judicial review; organisation; payment; pension; professional accident; provision; receivability of the complaint; right; service-incurred; staff regulations and rules;
Judgment 2086
92nd Session, 2002
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
In order to be awarded a personal promotion the complainant must have completed 18 years of continuous service under a fixed-term or permanent contract. "The [organisation] is arguing that [...] in determining whether the complainant fulfilled [such a] requirement [...] reference must be made to clauses of the contracts which came into force unopposed, [including] short-term contracts [...] The approach is too rigid [...] The issue was [not] one of applying or interpreting the complainant's early appointments [...] It is a matter of applying a rule which is currently in force and which concerns the legal nature of former contractual relationships between the parties. In other words, in the light of the current rule, what type of appointment did the early contracts establish? It should be noted that the name they were given will not necessarily express the actual relationship".
Keywords:
applicable law; condition; contract; criteria; definition; effective date; enforcement; fixed-term; interpretation; permanent appointment; personal promotion; provision; reckoning; short-term; working hours;
Judgment 2082
92nd Session, 2002
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"It is trite law to state that time limits cannot be presumed but must be either expressly stated or so clearly implied from the context as to leave no room for doubt."
Keywords:
definition; express decision; implied decision; time limit; written rule;
Judgment 2080
92nd Session, 2002
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant's contract was not renewed upon expiry. "Interim Staff Rule 4.4.02(b) provides that separation as a result of the expiration of an appointment shall not be regarded as a termination [...] Rule 9.1.01(b) defines termination [...] as any separation initiated by the Director-General, other than the expiration of a contract. Therefore, the question of any termination indemnity payable to the complainant does not arise."
Reference(s)
Organization rules reference: OPCW INTERIM STAFF RULE 4.4.02(B), OPCW INTERIM STAFF RULE 9.1.01(B)
Keywords:
consequence; contract; decision; definition; difference; executive head; non-renewal of contract; official; provision; separation from service; staff regulations and rules; terminal entitlements; termination of employment;
Judgment 2066
91st Session, 2001
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"There is breach of equal treatment only where staff members in an identical or comparable position in fact and in law receive different treatment from the organisation. Consequently, the right to equal treatment does not preclude amendment of a rule or the way in which it is applied. A new rule could be less favourable than the old one, and hence be subject to challenge, without necessarily impairing the right to equal treatment."
Keywords:
amendment to the rules; breach; definition; difference; enforcement; equal treatment; general principle; right; written rule;
Judgment 2062
91st Session, 2001
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10(f)
Extract:
The complainant "may not invoke res judicata for want of a decision by a judicial authority."
Keywords:
definition; res judicata;
Judgment 2011
90th Session, 2001
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"According to the case law of the Tribunal, for a decision, taken after an initial decision has been made, to be considered as a new decision (setting off new time limits for the submission of an internal appeal) the following conditions are to be met. The new decision must alter the previous decision and not be identical in substance, or at least must provide further justification, and must relate to different issues from the previous one or be based on new grounds (see Judgments 660 [...] and 759 [...]). It must not be a mere confirmation of the original decision (see Judgment 1304 [...]). The fact that discussions take place after a final decision is reached does not mean that the organization has taken a new and final decision. A decision made in different terms, but with the same meaning and purport as a previous one, does not constitute a new decision giving rise to new time limits (see Judgment 586 [...]), nor does a reply to requests for reconsideration made after a final decision has been taken (see Judgment 1528 [...])."
Reference(s)
ILOAT Judgment(s): 586, 660, 759, 1304, 1528
Keywords:
case law; condition; confirmatory decision; cumulative decisions; decision; definition; formal requirements; new time limit; receivability of the complaint; same purpose; start of time limit; time bar; time limit;
Judgment 1717
84th Session, 1998
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Interpretation depends both on the context and on the nature of the text. [...] Judgment 1614 used the word [pay] to determine the amount of damages and ordered the fund to pay [the complainant] what she would have earned for six months' service. So 'pay' means the amount she would have actually received had she been under contract for those six months, and it must include salary and any allowances payable to her of whatever kind - post adjustment, family allowance, and so forth. It does not, however, include the compulsory health insurance and other contributions that were routinely docked from her emoluments."
Reference(s)
ILOAT Judgment(s): 1614
Keywords:
allowance; application for execution; application for interpretation; definition; interpretation; salary; tribunal;
Judgment 1715
84th Session, 1998
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"In order to be a 'dependent spouse' someone must be not only the dependant but also the 'spouse' of the staff member. As a general rule, and in the absence of a definition of the term, the status of spouse will flow from a marriage publicly performed and certified by an official of the State where the ceremony has taken place, such marriage being then proved by the production of an official certificate. The Tribunal accepts, however, that there may be de facto situations, of which 'traditional' marriages are examples, and which some States recognise as creating the status of 'spouse'. In each such case where there is no definition of 'spouse' it will be up to the staff member to prove not only the existence of the relevant fact but also the precise provisions of local law which give it consequences and the exact nature of those consequences, and he must show that such law is applicable in the context of the Organisation's Staff Regulations and Rules."
Keywords:
burden of proof; definition; dependant; domestic law; evidence; insurance benefits; marital status; staff regulations and rules;
Judgment 1560
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant had a temporary appointment. The Staff Regulations and Rules distinguish such an appointment both from a permanent and a fixed-term one and from a traineeship and supernumerary employment. It differs in particular from a fixed-term appointment in that it is expected from the outset to be a fairly short stint, with no more than a few brief extensions, whereas the fixed-term appointment is commonly extended and may even afford the basis of a career in the Organization".
Reference(s)
Organization rules reference: UNESCO STAFF RULE 104.8
ILOAT Judgment(s): 444, 1116
Keywords:
career; contract; definition; difference; duration of appointment; fixed-term; short-term; staff regulations and rules; successive contracts;
Judgment 1545
81st Session, 1996
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Though the discovery of a new fact may afford grounds for review, the fact must date from before the material judgment and be such as would have affected the ruling had the Tribunal known of it in time. The facts the complainant alleges are subsequent to [...] the date of [the judgment in question]. They may afford grounds for a new complaint but not for review of that judgment."
Keywords:
application for review; definition; fact subsequent to the judgment; judgment of the tribunal; new fact on which the party was unable to rely in the original proceedings; res judicata;
Judgment 1536
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant seeks admission to the health insurance fund two years after his retirement even though the time limit for such claims is three months. "The answer to the complainant's plea of breach of equality is that the admission of the other retired official as an associate participant was a wrong decision. It should not be followed, and the board of management was right to refuse to follow it. Equality of treatment means equality in the observance of the law, not in the breach of it."
Keywords:
definition; equal treatment; general principle; health insurance; illness; insurance; retirement; time limit;
Judgment 1534
81st Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
There is a general principle of law that for a claim to damages to succeed "the claimant must provide evidence of (i) an unlawful act, (ii) actual injury and (iii) a causal link between act and injury. [...] Injury is not to be presumed: mere mention of 'worries', 'psychological stress' and 'deprivation of rights' will not do."
Keywords:
cause; compensation; complaint; condition; definition; evidence; general principle; injury; presumption;
Judgment 1519
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"At its 15th and 37th sessions the [International Civil Service] Commission reaffirmed the Flemming principle, which dates back to 1949. The principle requires organisations to offer staff in the general service category conditions of employment on a par with 'the best prevailing conditions of employment in the locality' - i.e. salary and other basic components of pay - 'without being necessarily the best local conditions'."
Keywords:
base salary; definition; duty station; flemming principle; general service category; salary; terms of appointment;
Judgment 1432
79th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The Tribunal is satisfied that even though there was no formal written agreement between the organization and the complainant all the conditions that the case-law requires were met for the existence of a legally binding contract." The Tribunal recites the circumstances which allowed it to arrive at this conclusion.
Keywords:
case law; condition; contract; definition;
Judgment 1428
79th Session, 1995
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"In determining the amount of basic salary, as against the special allowances, what counts is sums actually paid in salary, whatever they may be called and whatever method of accounting may be applied."
Keywords:
allowance; base salary; definition; salary;
Judgment 1392
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 35
Extract:
"There will be misuse of authority where the administration exercises it for some purpose other than those prescribed by law or, to put it more broadly, those that the general interest requires. A staff member who pleads misuse of authority, and the Tribunal that allows the plea, must be able to identify the improper purposes for which the authority [...] has been exercised."
Keywords:
abuse of power; burden of proof; definition; evidence; misuse of authority;
Judgment 1311
76th Session, 1994
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The hallmark of 'basic salary' is that it takes the form of regular and uniform payments to local staff by virtue of their status as such, according to prescribed scales and at set dates. The 'special allowances' are distinguishable by being due only in particular circumstances that are usually peculiar to each staff member".
Keywords:
allowance; base salary; definition; scale; social benefits;
Considerations 9-10
Extract:
"In determining the amount of basic salary [...] as against the special allowances what counts is sums actually paid in salary, whatever they may be called and whatever method of accounting may be applied." The Tribunal holds that what the ESO regards as "special allowances" form part of "the basic salary that counts in reckoning the service indemnity where [it is] a regular additional item of pay."
Keywords:
allowance; base salary; definition; elements; reckoning; terminal entitlements;
Judgment 1263
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The res judicata rule will apply where the parties, the purpose of the suit and the cause of action are the same as in the earlier case."
Keywords:
definition; res judicata; same cause of action; same parties; same purpose;
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