Right (635,-666)
You searched for:
Keywords: Right
Total judgments found: 225
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Judgment 277
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The statement merely says that the Council has adopted a series of proposals the purpose of which is to bring the salary scales and related benefits in line with those applicable in the European Communities. "That is a mere statement of intent which did not imply any firm undertaking by the Institute and which consequently did not create rights upon which the staff may rely. Hence the complainant cannot rely upon that statement to support his claim to entitlement under the provisions applicable to the staff of the European Communities."
Keywords:
binding character; enforcement; executive body; law of european communities; pension; proposal; right; rule of another organisation; salary; statement of intent;
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 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 250
34th Session, 1975
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Assuming that the terms of appointment entitling the complainant to compensation cover only cases of illness which are the direct result of his duties, by reason of the particularly demanding nature thereof, "the complainant would be entitled, quite apart from the terms of his appointment and in accordance with the general principles of liability in public law, to full compensation for any prejudice suffered by him and its direct consequences, including, for example, chronic or temporary disability."
Keywords:
compensation; general principle; illness; injury; invalidity; liability; right; service-incurred;
Judgment 233
32nd Session, 1974
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The purpose of the applicable provision is to ensure that on promotion to a higher grade the staff member receives an increase in salary of a certain amount. "The minimum is fixed as the amount he or she would have received if the promotion, instead of being to a higher grade, had been to the next highest step in the old grade. The language of the rule assumes that there will be a step in the new grade which will carry with it a salary high enough for this purpose."
Keywords:
consequence; grade; increase; promotion; right; salary; step;
Judgment 219
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The "provision [...] is applicable only to a staff member who has dependent children [...] It follows that the complainant is not entitled to an education allowance since he has no dependent children [...] The fact that he has not himself incurred the educational expenses of his children is a further reason why [the provision] is inapplicable to his case."
Keywords:
allowance; condition; dependent child; education expenses; right;
Consideration 2
Extract:
"[T]he complainant not only does not have custody of the children, but he makes a financial contribution which is probably smaller than that made by their mother, and therefore does not actually maintain his children according to the strict interpretation of the term adopted [...] His claim for the payment of child allowances therefore fails."
Keywords:
condition; dependent child; family allowance; parents separated; right;
Judgment 216
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 219, consideration 3.
Reference(s)
ILOAT Judgment(s): 219
Keywords:
allowance; condition; dependent child; education expenses; parents separated; right;
Consideration 2
Extract:
Vide Judgment 219, consideration 2.
Reference(s)
ILOAT Judgment(s): 219
Keywords:
condition; dependent child; family allowance; parents separated; right;
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 162
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"[I]t is unnecessary to consider whether the complainant underwent the medical examination provided for by [the Staff Rule], since this formality is merely a consequence of dismissal and not a condition of its validity. In any event the provisions concerning sickness leave were no impediment to dismissal, since [the applicable provision] provides that the right to sickness leave expires on the expiry of the contract."
Keywords:
condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;
Judgment 161
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;
Judgment 160
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;
Judgment 159
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;
Judgment 155
24th Session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
There is no provision in the Staff Rules for the reimbursement of travel expenses and the payment of a subsistence allowance to officials wishing to attend the meetings of the appeals bodies at which their claims are heard. The complainant therefore has no right to such reimbursement. The organization undertook voluntarily to pay his travel expenses for the purpose of his appearance before the appeals body.
Keywords:
internal appeals body; organisation's duties; refund; right; travel expenses;
Judgment 148
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"It appears from the organization's statements, as reasonably interpreted, that the complainant is entirely exempted from the expenses of the Medical Board if the rate of incapacity originally fixed is changed, it being irrelevant whether such a change results from the independent decision of the Director-General or is ordered by the Tribunal. It follows that as the complainant's claims have been partly recognised by the Tribunal his claim for the reimbursement of the share of expenses attributed to him is well founded."
Keywords:
cost of expert inquiry; refund; right;
Consideration 3
Extract:
"The Medical Board did not find that the complainant was permanently incapacitated for work and did not rule out the possibility that he might be able to resume some kind of work in the future. In these circumstances the organization must retain the right to review the complainant's case from time to time and to adjust the compensation due to him in the light of any changes."
Keywords:
disability benefit; incapacity; medical examination; organisation; right;
Judgment 123
20th Session, 1968
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Tribunal considers that within the meaning of [the applicable provision] two years of continuous service must be interpreted as a period of service as a staff member covered by the Staff Regulations and Rules." The complainant was so covered only by some of his contracts.
Keywords:
enforcement; interpretation; right; staff regulations and rules; time limit;
Consideration 2
Extract:
The complainant gave as his permanent residence a city in the United States. This might mean either that he was recruited there or that he was supposed to spend his home leave there. "Being open to interpretation in either of these two ways, this is thus not decisive. What is decisive, however, is the fact that [the] complainant does not deny at the time of his recruitment that he was [...] in [...] the country of his duty station." It follows that he was locally recruited and that he is not entitled to claim payment of his travel expenses or a repatriation grant under the material provisions.
Keywords:
appointment; duty station; repatriation allowance; residence; right; travel expenses;
Judgment 110
17th Session, 1967
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's disorders "cannot be regarded as attributable to the performance of his official duties. It is established that the complainant had previously exhausted his rights to sick leave on full pay" and the decisions to grant him sick leave on half pay "did nothing but correctly apply the provisions of [the Staff Regulations]".
Keywords:
illness; right; sick leave;
Judgment 107
17th Session, 1967
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"As he was appointed for temporary fixed periods, [the complainant] is not entitled to claim reinstatement in a post of indefinite duration that he has never held."
Keywords:
contract; fixed-term; permanent appointment; right;
Judgment 88
15th Session, 1965
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Both parties having agreed to the settlement of the complainant's claims by means of the payment of compensation, the Tribunal's task is confined to fixing the amount of such compensation. In any event, the complainant is entitled only to compensation for the injury actually caused to him by the rescinded decision."
Keywords:
amount; compensation; competence of tribunal; complainant; offer; organisation; reckoning; right; settlement out of court;
Judgment 87
15th Session, 1965
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
As staff representative, the complainant had additional responsibilities and enjoyed "special rights. [...]. He also had special obligations, such as the obligation to act solely in defence of the interests of the staff and the strict duty not to abuse these rights by using methods or expressions incompatible with the decorum appropriate both to his status as a civil servant and to the functions entrusted to him by his colleagues."
Keywords:
limits; right; staff member's duties; staff representative;
Consideration 2
Extract:
A staff representative has "the obligation to act solely in defence of the interests of the staff and the strict duty not to abuse these rights."
Keywords:
collective rights; limits; right; staff member's duties; staff representative;
Judgment 81
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
As for the complainant's rights under Article II, paragraph 6(b), of the Statute of the Tribunal, the provision "establishes a close link between the rights of the deceased official and the persons which it is designed to cover. However, such persons could not claim a right under a contractual or a statutory clause which the official was not entitled to invoke. Moreover, neither are they entitled to contest the validity of clauses which the official was called upon to respect."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 6(B), OF THE STATUTE
Keywords:
complainant; limits; locus standi; right; successor;
Consideration 5
Extract:
"Although it is true that the right to recovery of payments made by mistake is generally recognised and may, in consequence, be assimilated to a statutory right, [the official] would not have been in a position to claim the reimbursement of the payments he had made, with full knowledge of the facts, into the [...] funds, by virtue of a decision which had been rendered final as far as he was concerned. Neither has the complainant any right to do so."
Keywords:
contributions; pension; recovery of overpayment; refund; right; unjspf;
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