Right (635,-666)
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Keywords: Right
Total judgments found: 225
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Judgment 854
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant, a national of the Federal Republic of Germany, was initially appointed to The Hague, where he received an expatriation allowance; he was then transferred to Berlin where he no longer received the allowance. The complainant contends that he is still entitled to the allowance under Article 72[3] of the EPO Service Regulations since, even though a national of the country in which he is serving, he had been continuously resident in another State for at least 10 years at the time of appointment. The complainant takes the expression 'at the time of their appointment' to mean at the date of transfer. The interpretation is without merit. The complaint is dismissed.
Reference(s)
Organization rules reference: ARTICLE 72.3 OF THE EPO STAFF REGULATIONS
ILOAT Judgment(s): 786
Keywords:
interpretation; nationality; non-resident allowance; place of origin; provision; residence; right; staff regulations and rules;
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 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"Unless leave is granted at his own wish or he is on sick leave - which is just an incident of employment - a paid staff member is entitled to be given work to do that matches his grade."
Keywords:
annual leave; assignment; exception; grade; leave; refusal to assign work; right; salary; sick leave;
Judgment 688
57th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant has been employed under fixed-term contracts since 1976. He claims to be entitled to an appointment of indeterminate duration by virtue of national legislation. The Tribunal will not rule on the applicability of national legislation. It limits itself to noting that if national legislation is applicable, the Tribunal has no power of review and if it is not applicable, the Tribunal must examine the alleged breaches of Staff Regulations by the organisation; it finds no evidence of a breach.
Keywords:
competence of tribunal; contract; domestic law; fixed-term; permanent appointment; right; successive contracts;
Judgment 666
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The organisation "does concede that there may be some actual costs to be refunded. If that were so, then under the safeguard in [the material provisions] transferred officials would undoubtedly be entitled to refund. That is an issue of fact, and one on which the Tribunal cannot rule. It is up to the complainants to ask the [organisation] to [...] refund their actual costs not otherwise covered. The Tribunal holds that on the correct construction of the [material provisions] they would be entitled to have any such sums repaid."
Keywords:
education expenses; refund; right;
Judgment 652
55th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The mere production of a certificate from a doctor of the official's own choosing does not confer entitlement to sick leave. The organisation may always challenge the certificate on the strength of the opinion of a practitioner it has itself designated".
Keywords:
medical certificate; medical consultant; medical opinion; organisation; right; sick leave;
Judgment 630
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
All staff members should hold a post and perform the duties pertaining thereto. This "principle will not in practice have the effect of impairing the legitimate authority of the head of branch. Work requirements will determine how staff are to be assigned, and the result may be that a staff member has some of his duties taken away from him or is set to work that does not quite match his inclinations or even his talents. The supervisor is also entitled to propose that a staff member be moved [...] but so long as the staff member remains in a particular branch the head must see to it that he is given real work."
Keywords:
assignment; official; organisation's duties; organisation's interest; post; qualifications; refusal to assign work; request by a party; right; staff member's duties; supervisor; transfer;
Judgment 611
53rd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The organization "do not deny they made changes of form and substance [to the text of the complainant's report] without his approval. But they were fully entitled by virtue of their rights under [the applicable rule] to endorse or reject his draft: they were under no duty either to seek comments from him or to act on any he made."
Keywords:
amendment to the rules; organisation; publication; right;
Summary
Extract:
Copyright in that portion of the technical report written by the complainant during his free time and containing data from outside his official area of knowledge is wholly vested in the organization. The provision on which the organization relies is a staff rule applicable even though not based on any provision of the Staff Regulations; whenever the report was drafted and whatever its content, it is part of the complainant's professional duties and its nature remains the same; the organization had discretion to alter the complainant's draft, as they were free to publish the report at all.
Keywords:
organisation; proprietary rights; publication; right;
Judgment 605
52nd Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal has only such competence as is conferred on it, and this is confined to complaints alleging non-observance of the terms of appointment or Staff Regulations. The staff member does not have to rely on a particular clause of his contract, the regulations or any subsidiary text. When he is seeking enforcement of a right he claims as an international civil servant and his claim rests on a breach of that right by the organisation in his status as a staff member, Article II(5) [of the Statute] empowers the Tribunal to entertain it."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
breach; competence of tribunal; official; right; vested competence;
Judgment 592
51st Session, 1983
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant has no right to conversion of his fixed-term contract into a permanent one. There is no provision in the Staff Regulations and Staff Rules which says that the incumbent of a permanent post should perforce have a permanent appointment.
Keywords:
amendment to the rules; contract; duration of appointment; fixed-term; no provision; permanent appointment; right;
Consideration 3
Extract:
The complainant was appointed for a fixed term. "It is immaterial that he received assurances about the possibility of confirmation, that he holds a permanent post. That his predecessor had a permanent appointment and that other staff members have been granted permanent appointments after fixed-term ones. None of these facts warrants the grant of the permanent appointment. In particular there is no provision in the Staff Regulations and Staff Rules which says that the incumbent of a permanent post should perforce have a permanent appointment."
Keywords:
amendment to the rules; contract; duration of appointment; fixed-term; non-renewal of contract; permanent appointment; post; right;
Judgment 486
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is to be noted that the change in the complainant's situation affected [statutory] entitlements [...] these are expatriate entitlements designed for recruits from abroad who will wish to maintain their contacts with the home country, the most important being grants for home leave and education. They are more freely available to officials in the P grades than to those in the GS."
Keywords:
allowance; consequence; education expenses; general service category; home leave; professional category; promotion; right;
Judgment 445
46th Session, 1981
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant maintains that the fact of his having begun the probationary period at the beginning of his consultancy contract conferred on him the right to participation in the pension fund. But the probationary period and pensionable service do not necessarily coincide. The complainant was treated as a probationer from the material date because a provision of the Staff Rules stipulated that service prior to appointment could be credited towards completion of probation. The provision does not rule out application of the rule disqualifying a consultant for participation in the fund.
Keywords:
contract; external collaborator; participation; period; probationary period; right; unjspf; validation of service;
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;
Judgment 402
43rd Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
If an employer has failed to exercise due skill and care in arriving at a judgment on the safety of the place of work, the employee is entitled to compensation in full against the consequences of the misjudgment. "This principle is to be applied with due regard to the nature of the employment. In some employments there are unavoidable risks. A doctor may have to risk infection and a soldier or a policeman to risk bombs. The question in each case is whether the risk is abnormal having regard to the nature of the employment."
Keywords:
damages; duty station; negligence; organisation; right; special hazard;
Consideration 1
Extract:
"If there is doubt about the safety of a place of work, it is the duty of the employer to make the necessary inquiries and to arrive at a reasonable and careful judgement [...]. If [the employee] accepts the order, as prima facie he is bound to do, and the employer has failed to exercise due skill and care in arriving at his judgment, the employee is, subject to any contrary provision in the contract, entitled to be indemnified in full against the consequences of the misjudgment."
Keywords:
acceptance; assignment; damages; duty station; inquiry; investigation; negligence; organisation; organisation's duties; right; special hazard;
Judgment 399
43rd Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Prima facie the complainant is entitled to have [the periodical appraisal report] for what he thinks it to be worth; a doubt thrown on its value is not a ground for denying it. Furthermore, its usefulness to the complainant is not to be judged exclusively by reference to the main purpose of the report as set out in Staff Rule 530."
Reference(s)
Organization rules reference: WHO STAFF RULE 530
Keywords:
complainant; performance report; right;
Consideration 4
Extract:
"Appraisal reports constitute a record of service which as a general rule an official is entitled to have for his own satisfaction as well as for use if he is seeking other employment; in this latter respect he is not confined to the certificate of service" provided under another provision.
Keywords:
performance report; purpose; right;
Judgment 364
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"It is of course open to argument whether there is any duty upon the organization to give correct information in matters relating to a staff member's rights in the fund, and if so, whether the information given is correct or not. [...] But this is an issue [...] on which the Director-General has never [decided]. [...] It was one which called for a new decision." Insofar as it concerns this information, the complaint is receivable.
Keywords:
duty to inform; participation; pension; right; unjspf;
Judgment 349
40th Session, 1978
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 29
Extract:
"The complainant can only claim overtime in accordance with his contract and his contract was never amended. [...] The complainant cannot base a separate claim for overtime on a provision that was not a term of his contract [...]."
Keywords:
condition; contract; overtime; payment; provision; right;
Judgment 323
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 28
Extract:
According to the organization, the modification of the salary schedule was decided by a legislative enactment of the Council. If this is true, "it means that there is no control whatever over the dealings of an executive body such as the Council with the staff of the organization [...]. Since the Director-General in his dealings with the staff is subject to the control of the Council, it means that an official's contract gives him no rights which the Council cannot nullify and in particular that he is paid his salary ex gratia and not as a matter of contract. In the opinion of the Tribunal this is not the law."
Keywords:
amendment to the rules; contract; enforcement; legislative body; right; salary; scale;
Judgment 315
39th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The clauses [of the letter of appointment] are clearly worded and formally establish that the salary stated in the contract was exclusive of any allowance, indemnity or additional sum of any kind. Hence the complainant may not claim a 'separation allowance' since none was provided for in his contract. In any case no such allowance existed at the time the contract was concluded."
Keywords:
allowance; complainant; contract; interpretation; right; salary;
Judgment 294
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
At issue is a new salary schedule with additional steps in the complainant's grade. "The Director-General was right in thinking that the rule could not be interpreted in a way that would equalise the effect of the change. Where he was wrong was in thinking that he had neither the power nor the duty to equalise the effect of the change by some other means consistent with the principle that the object of the salary scale is to reward length of service and experience. [...] The change [...] required some transitional provision to cover exceptional cases and it was the duty of the Director-General to make such provision."
Keywords:
amendment to the rules; enforcement; equal treatment; grade; increment; right; salary; scale; seniority; top step;
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