Effect (607,-666)

You searched for:
Keywords: Effect
Total judgments found: 87

< previous | 1, 2, 3, 4, 5

• Judgment 327

  
  39th Session, 1977
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  Up to a certain date, the complainant was employed as a contractual employee. She then became an official subject to the Staff Regulations. The second appointment was not simply an extension of the first, but must be considered "a quite separate, fixed-term appointment. In other words, she was not dismissed: her appointment was not extended."

  Keywords:

  amendment to the rules; contract; effect; extension of contract; status of complainant;
  

  
  
  

• Judgment 305

  
  38th Session, 1977
  International Patent Institute
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "[A] judgment by the Tribunal on a dispute between an organisation and a staff member affects only the parties to that dispute: it cannot alter a decision affecting third parties which is already in force. The stability of legal relationships would be impaired if staff members were entitled to rely upon new case law to cast doubt on the validity of earlier and final decisions."

  Keywords:

  effect; judgment of the tribunal; res judicata;
  

  Consideration 2

  Extract:

  "[A] judgment by the Tribunal [...] affects only the parties to that dispute [...]. The stability of legal relationships would be impaired if staff members were entitled to rely upon new case law to cast doubt on the validity of earlier and final decisions." The complainants in the present case "failed to impugn [the material decision] in time [...] and they must bear the consequences of that failure."

  Keywords:

  effect; judgment of the tribunal;
  

  
  
  

• Judgment 292

  
  38th Session, 1977
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 20

  Extract:

  "An office notice is the instrument by which the administration communicates in general terms with the staff membership. It may be used for many purposes besides the amendment of the rules of application. In order to be effective as an amendment it must therefore be made clear on the document itself that amendment is its purpose."

  Keywords:

  administrative instruction; amendment to the rules; condition; effect; purpose; staff regulations and rules;
  

  Consideration 22

  Extract:

  The instructions "take the form of a new and contradictory text; they do not make it clear what part of the old text is superseded and what part retained. [...] The fact [...] that documents were being signed indiscriminately by the Director-General and the director p. and a. strongly suggests that the formality appropriate to an amendment was not being contemplated at all. The fact that language appropriate to amendment was not being used suggests the same thing. [...] The effect of the instructions is not to amend [the] article but to apply its provisions."

  Keywords:

  administrative instruction; amendment to the rules; effect; enforcement; formal requirements; provision; staff regulations and rules;
  

  
  
  

• Judgment 115

  
  18th Session, 1967
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "[The] complainant's transfer, which involved no reduction in her salary, did not affect the nature of her appointment. In spite of her assignment to a temporary post, she continued to enjoy all the rights resulting from her appointment as a permanent staff member of the Organization. It follows that the [transfer] decision is not tainted by illegality."

  Keywords:

  amendment to the rules; assignment; duration of appointment; effect; permanent appointment; salary; short-term; terms of appointment; transfer;
  

  Consideration 3

  Extract:

  "[I]t does not follow that failure to establish an annual report when it is due automatically confers the right to the award of a salary increment". (The applicable provision provides that the end of the period covered by the report should coincide with the date of the increment; this provision is not mandatory).

  Keywords:

  date; effect; increment; omission; organisation's duties; performance report; period;
  

  
  
  

• Judgment 67

  
  11th Session, 1962
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The Tribunal recognises that as a result of holding that it lacks jurisdiction, the complainant is thereby regrettably deprived of any means of judicial redress against the injury sustained as a result of the alleged violations of her contract; but the Tribunal, being a court of limited jurisdiction, is bound to apply the mandatory provisions governing its competence."

  Keywords:

  competence of tribunal; effect; external collaborator; locus standi; ratione personae; right of appeal; vested competence;
  

  
  
  

• Judgment 51

  
  8th Session, 1960
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "The intervenors hold the same rights as the complainant and therefore their intervention must be declared receivable and the benefit of this judgment extended to them."

  Keywords:

  consequence; effect; intervention; judgment of the tribunal; receivability of the complaint;
  

  
  
  

• Judgment 14

  
  4th Session, 1954
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The Staff Regulations provide that in the event of a reduction of staff preference be given to staff members with permanent appointments. The "systematic recourse to the statutory exception would be contrary to the spirit of the provisions governing the conditions of service of permanent officials who must in principle be protected against [budgetary] fluctuations, and would thus lead to rendering the notion of permanency of function void of substance; [...] such a procedure would impede good administration and endanger the sound functioning of the international organisations.

  Keywords:

  abolition of post; budgetary reasons; contract; effect; organisation's interest; permanent appointment; priority; staff reduction; termination of employment;
  

< previous | 1, 2, 3, 4, 5