Definition (601,-666)
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Keywords: Definition
Total judgments found: 156
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Judgment 1250
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
The complainant's refusal of assignment to a post outside headquarters "was in breach of his obligation to the organization to comply with a transfer under Regulation 301.012. In view of the responsibilities of the post [to which he was assigned], that refusal impeded the effective operation of the organization [...] and amounted to misconduct."
Reference(s)
Organization rules reference: STAFF REGULATION 301.012
Keywords:
breach; complainant; definition; duty station; headquarters; organisation's interest; post; post description; refusal; serious misconduct; staff member's duties; staff regulations and rules; transfer;
Judgment 1244
74th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"As the Tribunal held in Judgment 532 [...], under 3, a decision is 'any action by an officer of the organization which has a legal effect'."
Reference(s)
ILOAT Judgment(s): 532
Keywords:
case law; decision; decision-maker; definition;
Judgment 1216
74th Session, 1993
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"There are three conditions for sustaining [irreceivability under the res judicata rule]: the parties, the purpose of the suit and the cause of action must be the same as in the earlier case."
Keywords:
case law; definition; res judicata; same cause of action; same parties; same purpose;
Consideration 3
Extract:
"Identity of purpose means that what the complainant is seeking is what he would have obtained had his earlier suit succeeded. The criterion is not the purport of the decision but the complainant's true intention."
Keywords:
definition; res judicata; same purpose;
Consideration 4
Extract:
Among the conditions which the Tribunal sets out for pleading res judicata is cause of action. "What the cause of action means is the foundation of the claim in law. It is not the same thing as the pleas, which are submissions on issues of law or of fact put forward in support of the claim. [...] In many instances the question will be whether the complainant's line of argument does not show some direct link with the earlier case." This entails determining whether the complainant's claim has "the same foundation in law as the claims dismissed in earlier judgments".
Keywords:
cause; definition; res judicata; same cause of action;
Judgment 1213
74th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant submits that the decision to offer him an assignment to a lower grade than he wished and without the benefit of an indefinite appointment discriminated against him insofar as four officials appointed to the same post got the higher grade. "But none of the four is in like case. Either they have served longer than he or have different qualifications or have won a competition or have a much better record of performance. He adduces no evidence to show unlawful discrimination, and his plea is dismissed because it is devoid of merit."
Keywords:
assignment; decision; definition; duration of appointment; equal treatment; grade; refusal;
Judgment 1203
73rd Session, 1992
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
The complainants went on strike and the organisation sent them an "open letter" and individual letters drawing their attention to their obligations under the rules. Those are the letters they impugn. According to Article VII(1) of the Tribunal's Statute what a complainant is required to impugn is a "decision". "As was held in Judgment 112, a plea to quash may be directed only against a decision, that is, 'an act deciding a question in a specific case'. And in Judgment 532 the Tribunal construed the term to mean 'any action by an officer of the organisation that has a legal effect'. In sum, a decision is any act by the defendant organisation that has an effect on an official's rights and obligations." In this case "the Tribunal finds nothing in either the individual letters or the open one that it may properly construe as a 'decision' within the above definition."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
ILOAT Judgment(s): 112, 532
Keywords:
absence of final decision; application for quashing; case law; cause of action; decision; definition; receivability of the complaint;
Judgment 1199
73rd Session, 1992
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The doctrine of acquired rights was stated in Judgment 832. An acquired right is one the staff member may expect to survive any amendment of the rules. But in each case the issue is whether the amended term of appointment is fundamental or not. The first point is to determine whether the essence of the terms of appointment has altered, the second to assess the reasons for the change."
Reference(s)
ILOAT Judgment(s): 832
Keywords:
acquired right; amendment to the rules; case law; cause; definition; staff regulations and rules;
Judgment 1148
72nd Session, 1992
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
The complainant objects to the Sickness Fund's refusal to refund the costs of a given item. "Eurocontrol has [...] discretion under Article 24, which empowers the fund to refuse refund of the costs of treatment which the medical officer deems to be 'non-functional, superfluous or unnecessary'. As was said in Judgment 1088, [article] 24 covers all sorts of 'treatments', however the term 'pharmaceutical product' in [article] 14 is to be construed."
Reference(s)
Organization rules reference: ARTICLES 14 AND 24 OF RULE 10
ILOAT Judgment(s): 1088
Keywords:
definition; discretion; health insurance; insurance; limits; medical consultant; medical expenses; refund; refusal;
Judgment 1129
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"There will indeed be misuse of authority where an administration acts for reasons that are extraneous to the organisation's best interests and seeks some objective other than those which the authority vested in it is intended to serve." There is no evidence that the organization, which followed the prescribed procedure and did its utmost to find another post for the complainant, dismissed him for reasons other than those linked to the financial crisis it was facing.
Keywords:
abolition of post; abuse of power; budgetary reasons; definition; grounds; misuse of authority; organisation's interest; procedure before the tribunal; reassignment; termination of employment;
Judgment 1127
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"The doctrine of estoppel is that someone who makes some statement or representation of fact that causes another to act to his detriment by relying on the truth of it may not later deny it even though it turns out to be wrong." The complainant's reliance on estoppel is mistaken.
Keywords:
definition; good faith;
Judgment 1084
70th Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"A right will be acquired when he who has it may expect it to be respected notwithstanding any amendment of written rules. One instance is where the right arises under a clause of the contract that the parties intend should be inviolate. Not all contractual rights are acquired rights: the parties must have expressly or by implication precluded the possibility of impairing them." Inasmuch as the change in the complainant's title made no difference to the level of his duties and responsibilities, to the nature of his work or his salary, the Tribunal found no breach of an acquired right. He therefore sustained no appreciable injury.
Keywords:
acquired right; amendment to the rules; contract; definition; lack of injury; title of post;
Judgment 1072
70th Session, 1991
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
For an IAEA staff member's spouse to qualify as a dependant, his or her gross salary must not exceed that of the lowest step in the general service grade applicable in the spouse's country of employment. That amount is converted into Austrian schillings at the rate applicable in January of the year in question. Under the prescribed method the complainant's wife failed to qualify as a dependant and the Director refused to treat her as one. The Director's decision was a discretionary one and the Tribunal sees no grounds for setting it aside.
Keywords:
amount; condition; definition; dependant; discretion; judicial review; salary;
Judgment 1041
69th Session, 1990
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4, Summary
Extract:
The complainant, a member of the EPO staff, challenges the lawfulness of deductions made from his allowances following strike action. Relying on Article 65(1)(b) of the Service Regulations he says that "remuneration" in that provision covers basic salary alone. But Article 64(2) says that "remuneration shall comprise basic salary and, where appropriate, any allowances"; the plea fails.
Reference(s)
Organization rules reference: ARTICLES 64.2 AND 65.1(B) OF THE EPO SERVICE REGULATIONS
Keywords:
allowance; base salary; deduction; definition; right to strike; salary; strike;
Judgment 986
67th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Even when there has been amendment of Staff Regulations there will be breach of an acquired right that warrants setting the decision aside if the altered term of appointment is 'fundamental' and 'essential'."
Keywords:
acquired right; amendment to the rules; definition; staff regulations and rules; terms of appointment;
Consideration 7
Extract:
The Noblemaire principle, as defined by the Tribunal in Judgment 825, is a custom binding on any organisation that belongs to the United Nations system.
Reference(s)
ILOAT Judgment(s): 825
Keywords:
definition; international civil service principles; noblemaire principle;
Judgment 937
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 17-18
Extract:
The complainant argues that the definition of misconduct in the FAO Manual does not fit the charges: the organization's reputation cannot suffer from inside squabbling. "The plea is mistaken. Harm to the organization's good name does not require the knowledge of the public at large since reputation may be impaired even within a closed community."
Keywords:
conduct; definition; misconduct; organisation's reputation; termination of employment;
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 889
64th Session, 1988
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
"The new text of [Article] II 4.01 [CERN Pension Fund] reads: 'Unsuitability is the reduction, presumed to be permanent or long-term, by at least 1/3 in earning capacity resulting from a deterioration in physical or mental health, which occurred while the person concerned held a contract with one of the participating organizations'. [...] The complainant did not satisfy the conditions in [Article] II 4.01."
Reference(s)
Organization rules reference: ARTICLE II 4.01 OF THE CERN PENSION FUND
Keywords:
cern pension fund; definition; illness; incapacity; medical fitness; service-incurred;
Judgment 848
63rd Session, 1987
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The organization is bound to recognise that 'everyone has the right to a nationality' and that 'no one shall be arbitrarily deprived of his nationality', as stated in the Universal Declaration of Human Rights approved on 10 December 1948. It should also have been guided by the definition of stateless persons set out in Article I of the Convention relating to the status of stateless persons of 28 September 1954 as 'a person who is not considered as a national by any State under the operation of its law'."
Keywords:
definition; nationality; right; stateless;
Judgment 832
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"The first [test] is the nature of the altered term. It may be in the contract or in the Staff regulations or Staff Rules or in a decision, and whereas the contract or a decision may give rise to acquired rights the Regulations and Rules do not necessarily do so. The second test is the reason for the change. It is material that the terms of appointment may often have to be adapted to circumstances, and there will ordinarily be no acquired right when a rule or a clause depends on variables such as the cost-of-living index or the value of the currency. Nor can the finances of the body that applies the terms of appointment be discounted. The third test is the consequence of allowing or disallowing an acquired right. What effect will the change have on staff pay and benefits ? And how do those who plead an acquired right fare as against others?"
Keywords:
acquired right; amendment to the rules; contract; cost-of-living increase; definition; equal treatment; exchange rate; provision; staff regulations and rules; terms of appointment;
Judgment 831
62nd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Noblemaire principle [...] embodies two rules. One is that, to keep the international civil service as one, its employees shall get equal pay for work of equal value, whatever their nationality or the salaries earned in their own country. The other rule is that in recruiting staff from their full membership international organisations shall offer pay that will draw and keep citizens of countries where salaries are highest."
Keywords:
definition; noblemaire principle;
Judgment 830
62nd Session, 1987
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
See Judgment 831, consideration 1.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
definition; noblemaire principle;
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