Difference (603,-666)
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Keywords: Difference
Total judgments found: 116
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Judgment 322
39th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Although the complainant has himself come before the Tribunal, he challenges its competence. [The organisation] conferred on the [...] Tribunal [...] under [its] Staff Regulations competence to hear disputes relating to non-observance, in substance or in form, of those Staff Regulations. The International Labour Organisation accepted that recognition of competence in accordance with the prescribed procedure. Hence the [...] competence derives from an international agreement which takes precedence over rules [*] unilaterally adopted earlier by one of the parties [...]."
[*] The Eurocontrol International Convention recognises the competence of national courts.
Keywords:
competence of tribunal; declaration of recognition; difference; international instrument; organisation; precedence of rules; provision;
Judgment 294
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"While grades are distinguishable from one another by a difference in the nature of the duties performed and in the degree of responsibility undertaken, steps within grades are not similarly distinguishable. In fact, the increment is simply a way of rewarding seniority and [...] experience [...]."
Keywords:
difference; grade; purpose; step;
Judgment 292
38th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 16-17
Extract:
Under the material article "general provisions for giving effect to the regulations are to be settled by rules, instructions and office notices made by the Director-General. [...] is it the intention of [this article] to put on a par with the rules of application a miscellaneous collection of office notices? If they are contradictory of the rules, which are to prevail ? [...] The Tribunal will not attempt to answer all these questions [...] nor to decide to what extent, if at all, a rule of application can be amended by an office notice".
Keywords:
administrative instruction; difference; judicial review; precedence of rules; staff regulations and rules;
Consideration 23
Extract:
"[T]he characteristic that distinguishes an allowance from a reimbursement is that the recipient of an allowance cannot, provided that the conditions for its receipt are fulfilled, be made to account for what he does with the money. It is in his discretion to spend it as he likes."
Keywords:
allowance; difference; refund;
Judgment 285
37th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The Tribunal observes that for some years the organisation itself misunderstood the combined effect of [the] articles [in question]. This is not surprising since the relationship between them is obscure; if they are left as they are, others besides the complainant are likely to be misled."
Keywords:
currency of payment; difference; interpretation; pension; provision; staff regulations and rules;
Judgment 274
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"But whereas in the case of censure which is of a disciplinary nature the Tribunal exercises full power of review as to the facts and the law because of the protection which staff members of the organization should enjoy, when the measure takes the form of a reprimand which is not of a disciplinary nature the Tribunal will exercise a limited power of review. That is to say, the Tribunal will not interfere unless [...]."
Keywords:
censure; difference; disciplinary measure; disciplinary procedure; judicial review; reprimand; safeguard;
Judgment 267
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The age limit for headquarters officials is 62, unless otherwise decided by the Director-General for exceptional reasons; for field officials there is a possibility of remaining in service until 65, but not as a matter of course [not applicable to holders of fixed-term appointments]. The complainant had been appointed project director; he was subsequently recalled to headquarters and informed that his contract would terminate. The Tribunal dismisses his claim for the quashing of the decision to retire him.
Keywords:
age limit; contract; difference; discretion; exception; executive head; extension beyond retirement age; field; headquarters official; retirement;
Judgment 264
35th Session, 1975
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant is right in claiming from the organisation "reimbursement of the difference between the amount to which she is entitled in respect of her husband and the amount to which her husband is entitled as an employee" of the Railway Corporation. The material provision is applicable, according to the general principles of existing law, even in the absence of express provision, irrespective of the sex of the official. If the official is a woman her husband should benefit from the sickness insurance if he does not himself benefit in his own right from a more favourable or equally favourable scheme.
Keywords:
amount; dependant; difference; health insurance; illness; insurance; medical expenses; right; supplementary coverage;
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 4
Extract:
"[T]he complainant is justified in contending that [two criteria respecting promotion] of the Director-General's circular to the staff are applicable. He is therefore as a matter of course entitled to rely on the provision which is more favourable to him. [T]he former provision is [...] more favourable to the complainant than the latter, which the Director-General was wrong in taking as the basis for his decision. The impugned decision should therefore be reviewed."
Keywords:
administrative instruction; criteria; difference; equal treatment; promotion; provision; right;
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;
Judgment 243
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[T]he complainant alleges that the nature of his duties did not match the description in his contract of appointment. It is inherent, however, in the nature of his supervisory authority that a head of branch should be free to employ his subordinates in the best interests of his branch with due regard to their qualifications. At the highest level, moreover, the Director-General enjoys similar authority [...] to safeguard the interests of the organisation."
Keywords:
assignment; contract; difference; discretion; executive head; organisation's duties; organisation's interest; post description; supervisor;
Judgment 207
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations (in fine)
Extract:
"It is true that officials enjoy the protection, among other things, of the rule of equality as between officials within the same category, but this rule does not apply to officials against whom disciplinary action has been or may be taken for different reasons and in different circumstances."
Keywords:
difference; disciplinary measure; equal treatment; grounds; misconduct;
Judgment 190
28th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant "alleges that the Organization did not in fact employ him on the work for which he had been recruited for a period of two years, and was thus gravely at fault; even supposing that the truth of this allegation were established, it would not be such as to vitiate the impugned decision not to renew his contract."
Keywords:
assignment; contract; difference; fixed-term; non-renewal of contract; organisation's duties; post description;
Judgment 188
28th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
On the form she used to file her complaint, the complainant sought the quashing of a decision in respect of her performance report. In a memorandum, she sought the quashing of the decision refusing her a salary increment. "These two documents were filed at the same time and form a whole, in the sense that the claims set out in them are complementary." A decision is therefore required both on the performance report and the question of the salary increment.
Keywords:
claim; complaint; difference; receivability of the complaint;
Judgment 177
26th Session, 1971
United International Bureaux for the Protection of Intellectual Property
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4(A)
Extract:
If an official or his family resides in a locality other than that where he works, "and if on that account he is liable to tax, he cannot as a rule insist on reimbursement. Exceptions to this rule are allowable only in special circumstances, for example where the [...] official is appointed on a temporary contract or is unable to find suitable accommodation in the locality where he works."
Keywords:
condition; consequence; difference; duty station; refund; residence; right; tax;
Judgment 158
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
In asking the Tribunal to endorse the recommendations of the Appeals Committee, "the complainant has misunderstood the respective role of these two bodies. The Board of Inquiry and Appeal, as an advisory body, may take into account considerations of expediency, whereas the Tribunal, as a judicial organ, must confine itself to considering whether the decision impugned is in conformity with the applicable rules."
Keywords:
advisory body; competence; competence of tribunal; complainant; difference; enforcement; internal appeals body; recommendation; request by a party; tribunal;
Judgment 61
10th Session, 1962
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"Even where the provisions of the Staff Regulations and Rules are alone applicable, the power to modify them vested in the international organisation is governed by different legal rules according to whether the provisions concerned fall with the first or the second of the two types of provisions".
Keywords:
amendment to the rules; difference; procedure before the tribunal; provision; staff regulations and rules;
Consideration 12
Extract:
"The Staff Regulations and Rules contain two types of provisions, the nature of which differs according to the objects to which they are directed : [...] provisions which appertain to the structure and functioning of the international civil service and the benefits of an impersonal nature and subject to variation, and, on the other hand, provisions which appertain to the individual terms and conditions of an official, in consideration of which he accepted appointment."
Keywords:
difference; official; provision; staff regulations and rules; terms of appointment;
Consideration 13
Extract:
"International civil servants are not exclusively governed by statutory rules, such as apply to the great majority of national civil servants, which are of a different nature and afford similar guarantees by different means".
Keywords:
difference; domestic law; international civil service principles; safeguard; staff regulations and rules;
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