Exception (113,-666)
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Keywords: Exception
Total judgments found: 212
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Judgment 1821
86th Session, 1999
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The principles governing the limits on the discretion of international organisations to set adjustments in staff pay [...] may be concisely stated as follows: (a) An international organisation is free to choose a methodology, system or standard of reference for determining salary adjustments for its staff provided that it meets all other principles of international civil service law [...]. (b) The chosen methodology must ensure that the results are 'stable, foreseeable and clearly understood' [...]. (c) Where the methodology refers to an external standard but grants discretion to the governing body to depart from that standard, the organisation has a duty to state proper reasons for such departure [...]. (d) While the necessity of saving money may be one valid factor to be considered in adjusting salaries provided the method adopted is objective, stable and foreseeable [...], the mere desire to save money at the staff's expense is not by itself a valid reason for departing from an established standard of reference [...]." (See cited case law.)
Keywords:
adjustment; budgetary reasons; case law; condition; coordinated organisations; cost-of-living increase; criteria; discretion; duty to inform; duty to substantiate decision; exception; executive body; good faith; grounds; international civil service principles; limits; organisation's duties; patere legem; rule of another organisation; salary; scale;
Judgment 1811
86th Session, 1999
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant asked that his interim report be struck from his personal file on the grounds that it had prompted the refusal of his within-grade step increment. "It stands to reason that the complainant's file should contain any papers lawfully made out and bearing on his services with the organization, save medical reports. [H]is claim to removal of the interim review from his file must fail: there was nothing unlawful about that text and it was in any event superseded by the final appraisal, which was good."
Keywords:
career; complainant; exception; medical records; performance report; personal file; withdrawal of decision; work appraisal;
Judgment 1791
86th Session, 1999
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15-16
Extract:
"The complainants contend that [...] the impugned decision was in breach of [...] their right to a steady level of pay. [...] [T]hey maintain that [...] the Organization acted in breach of the general principle of the international civil service known as Noblemaire. The Tribunal is satisfied that there was no breach here of any principle of the international civil service. [...] [T]he measure the complainants are objecting to was exceptional and limited in time. As for their right to a steady level of pay, that measure neither changed the pay scales nor had any impact whatever on terms of employment in the long term. The conclusion is that there was no breach of acquired rights."
Keywords:
acquired right; amendment to the rules; breach; exception; international civil service principles; noblemaire principle; official; provisional decision; reduction of salary; right; salary; scale; terms of appointment;
Considerations 13-14
Extract:
"The complainants plead breach of their acquired rights [...]. [T]hey argue that those terms are inviolate, particularly the clauses on pay. [...] The financial crisis [facing the Organization] at the material time did amount to exceptional circumstances that warranted the slight reduction in pay that [the Organization] applied, for only one year anyway and in consideration for extra time off."
Keywords:
acquired right; amendment to the rules; budgetary reasons; compensatory leave; contract; exception; proportionality; provisional decision; reduction of salary; salary; terms of appointment;
Judgment 1700
84th Session, 1998
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
Discretion to determine whether there are exceptional circumstances to warrant waver of the time limits for internal appeal is vested in the Joint Appeals Board. "It is the Board's decision which is relevant, and the question does not arise of substituting the Tribunal's opinion for the Board's. Only if there is some fatal flaw in the Board's decision may the Tribunal intervene."
Keywords:
decision; exception; flaw; internal appeal; internal appeals body; judicial review; limits; report; time limit;
Judgment 1684
84th Session, 1998
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Article VII, paragraph 1, of the Tribunal's Statute says that for a complaint to be receivable the internal remedies must have been exhausted. But precedent has it that, if there is delay over the final decision, the requirement will be met provided that the complainant has done everything that might be expected of him to get one but the appeal proceedings are unlikely to end within a reasonable time. [...] The requirement was plainly met in this case. Having done all that he did, to no avail, the complainant could not reasonably be required to wait any longer, there being no grounds for expecting the Appeals Committee to report soon. The organisation's domestic difficulties in running its appeal procedure afforded no excuse for denying him due process."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
administrative delay; case law; condition; exception; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; reasonable time;
Consideration 6
Extract:
"The Tribunal's rules provide ordinarily for the filing of only two briefs by each party. There are no exceptional circumstances warranting a third one from the complainant, and since the arguments in it are immaterial the President of the Tribunal has disallowed it under Article 9(6)" of the Tribunal's Rules.
Reference(s)
ILOAT reference: ARTICLE 9, PARAGRAPH 6, OF THE RULES
Keywords:
additional written submissions; closure of written proceedings; condition; exception; iloat statute; president of the tribunal; refusal; submissions;
Judgment 1674
84th Session, 1998
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6(B)
Extract:
"Where the decision-making authority tarries over an appeal, the internal procedure must be deemed exhausted when the complainant has done his utmost to get things going yet no decision is likely reasonably soon" (see Judgments 1243, 1404, 1433, 1486 and 1534).
Reference(s)
ILOAT Judgment(s): 1243, 1404, 1433, 1486, 1534
Keywords:
administrative delay; complaint; exception; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint;
Judgment 1660
83rd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The circumstances of the case are peculiar, the Association having failed to provide the internal means of redress that it ought. So it is hard to see any merit in the Association's objection to the complainants' appealing straight to the Tribunal."
Keywords:
complaint; direct appeal to tribunal; exception; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; receivability of the complaint;
Judgment 1659
83rd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainants "did not go to the Board until [...] six-and-a-half months after they had had notice of dismissal. The [objection to receivability] would no doubt succeed if the rules set a time limit for appeal, but they do not. It is perhaps a pity that the complainants tarried until the very eve of dismissal. But they did expressly reserve their rights when acknowledging receipt of notice of dismissal, and they were hoping until the last day for a satisfactory outcome. So it is hardly arguable that some time limit which was not even in the rules was running against them."
Keywords:
exception; internal appeal; internal remedies exhausted; no provision; staff regulations and rules; time bar; time limit;
Consideration 12
Extract:
The complainants "plead breach of Regulation 12.2(b) which confers priority for re-employment on permanent employees whose posts had to be abolished. But since all the posts were abolished the Association had no choice in the matter and nothing to offer the redundant staff but the opportunity of applying for jobs in the new Secretariat."
Reference(s)
Organization rules reference: EFTA STAFF REGULATION 12.2(B)
Keywords:
abolition of post; competition; contract; exception; organisation's duties; permanent appointment; priority; reassignment; reorganisation; separation from service; staff regulations and rules; termination of employment;
Judgment 1655
83rd Session, 1997
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
The Agency submits that the complainant's appeal "was out of time because [he] filed it after the expiry of the time limit of three months in Article 92(2) of the Staff Regulations. [...] The plea fails. The [Agency] acted on the appeal [...] by convening the Invalidity Committee and the Joint Committee for Disputes and by taking [a] final decision. [...] The attitude it thereby adopted towards the appeal estops it from now objecting to the receivability of the complaint. The complaint is therefore receivable."
Reference(s)
Organization rules reference: ARTICLE 92(2) OF EUROCONTROL STAFF REGULATIONS
Keywords:
complaint; exception; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; time bar; time limit;
Judgment 1640
83rd Session, 1997
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"The medical opinions of independent medical practitioners would ordinarily prevail and the Tribunal would not interfere. But this is no ordinary case. [...] The Tribunal had to appoint a medical expert to give a final opinion on the complainant's medical condition [...]. That expert found that she was not fit to return to work", a finding that was at odds with the medical opinions that the Agency has relied on to justify its decision.
Keywords:
different appraisals; exception; illness; judicial review; limits; medical examination; medical fitness; medical opinion; sick leave;
Judgment 1618
82nd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainants, who are permanent officials, object to a change in the Service Regulations which applies to officials under fixed-term appointments. "For the same reasons as those stated in Judgment 1451 the present complaints are receivable. What is at issue is not a general decision setting out the arrangements governing pay or other conditions of service. Such arrangements take the form of individual implementing decisions that each employee may eventually challenge [...]. What is at issue here is the adoption of rules on the employment of contract staff that may have indirect effects on the status of permanent employees as to their pay - if they have to bear a heavier financial burden - or as to their indirect involvement in the framing of EPO policy" as members of advisory bodies.
Reference(s)
ILOAT Judgment(s): 1451
Keywords:
case law; competence of tribunal; contract; duration of appointment; exception; fixed-term; general decision; individual decision; permanent appointment; receivability of the complaint; staff regulations and rules;
Judgment 1616
82nd Session, 1997
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The mere remittance of pay does not meet the requirement of notice "unless the parties to the contract of service agree that the employee should not work out the period of notice or the Organisation puts him on special leave during that period. Failing those exceptions the employee must be given actual notice so that he may make proper arrangements for leaving and possibly look for another job. It is inadmissible that any official, let alone an established one, should be told of dismissal on the very day on which it takes effect and left to his own devices without further ado."
Keywords:
compensatory allowance; contract; effect; exception; notice; organisation's duties; permanent appointment; purpose; special leave; staff member's interest; termination of employment;
Judgment 1613
82nd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant's internal appeal was late. But EFTA itself admits to mistakes in the numbering of the provisions to which the regulations refer, "and they may well have misled the complainants." The Association set up no advisory board, though Staff Regulation 40 provided for one, and the deputy Secretary-General himself told the complainants that in the absence of a recommendation from the Advisory Board they might go to the Tribunal. "All things considered, the complaints must be declared receivable."
Reference(s)
Organization rules reference: EFTA STAFF REGULATION 40
Keywords:
acceptance; complaint; direct appeal to tribunal; exception; executive head; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time limit;
Judgment 1596
82nd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 32
Extract:
"A legal opinion obtained for the purpose of litigation will ordinarily be privileged. But the defendant does not deny having made the text of the legal opinion available to representatives of the Staff Committee. Having been given the text without any condition or rider, the Staff Association was entitled to make copies available to its members."
Keywords:
confidential evidence; exception; staff union;
Judgment 1534
81st Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The FAO submits that his complaint is irreceivable because he has failed to exhaust his internal remedies. Though he filed before he got the final decision [...] the Committee took a whole year to come up with a three-page report and the Director-General another five months to let the complainant have a decision. Such delays are exorbitant and unpardonable. Under the circumstances the complainant was entitled to come straight to the Tribunal without waiting any longer for a reply from the Director-General. The objections to receivability fail."
Keywords:
administrative delay; complaint; date of notification; delay; direct appeal to tribunal; exception; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; receivability of the complaint;
Judgment 1526
81st Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Director-General having waived, in accordance with Staff Rule 1240.2, the complainant's obligation to go through the internal appeal procedure, she has exhausted the remedies open to her within the Organization, as Article VII(1) of the Tribunal's Statute required her to do."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: WHO STAFF RULE 1240.2
Keywords:
complaint; direct appeal to tribunal; exception; executive head; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint; staff regulations and rules;
Judgment 1514
81st Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
In the light of Judgment 1368 "what [CERN] had to do was not just take new decisions untainted with the flaw the Tribunal had found but apply all the other material, procedural and substantive rules, which, having set aside the impugned decisions on the grounds of that flaw alone, the Tribunal had had no need to comment on. So any objections to the lawfulness of the decisions taken in compliance with the duty [set by the Tribunal] have a bearing on the execution of the judgment. And, as is plain from the case law - see, for example Judgments 732 [...] and 1328 [...] - the complainants did not have to go through the internal appeal procedure before coming back to the Tribunal."
Reference(s)
ILOAT Judgment(s): 732, 1328, 1368
Keywords:
application for execution; case law; due process; exception; execution of judgment; internal remedies exhausted; judgment of the tribunal; organisation's duties;
Judgment 1502
81st Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The Organization's "own interests and sound management demand strict compliance with time limits, and non-compliance means forfeiting a right or the exercise thereof: see Judgment 1446 [...] under 3, the further judgments cited therein and Judgment 1485 [...]. A time limit is not to be waived just because claims are seldom late or because the consequences of refusing waiver would be too harsh."
Reference(s)
ILOAT Judgment(s): 1466, 1485
Keywords:
case law; delay; exception; interpretation; staff regulations and rules; time bar; time limit; written rule;
Judgment 1486
80th Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"It is true that Article VII(1) of the Tribunal's Statute requires a complainant, before he files suit with the Tribunal, not just to apply for internal review but also to await the outcome of the internal proceedings. Yet that is not a hard-and-fast rule, even though the Statute does not allow any express derogation. If a complainant does his utmost to procure a decision, and if nevertheless the internal appeals body evinces by its statements or conduct an intention not to report within a reasonable time, justice requires that an exception be made. A mere failure to proceed with all proper speed and diligence is not enough: it is only if the proceedings have been so protracted that the delay is inordinate, unexplained and inexcusable that such an intention will be inferred: see Judgments 408 [...] and 451 [...]."
Reference(s)
ILOAT reference: Article VII(1) of the Statute
ILOAT Judgment(s): 408, 451
Keywords:
administrative delay; case law; exception; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Consideration 13
Extract:
"The complainant had done everything in his power to exhaust his internal remedies and [at a certain date] it was quite clear that the internal process of review would not be concluded within a time which the Tribunal may regard as reasonable in the circumstances. [...] The complaint is therefore receivable."
Keywords:
administrative delay; exception; iloat statute; internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Judgment 1466
80th Session, 1996
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Precedent has it that a time limit is a matter of objective fact and begins to run when a decision is notified. [...] The only exceptions that the Tribunal has allowed are where the complainant has been prevented by vis major from learning of the decision (see Judgment 21 [...]) and where the defendant has misled him or withheld some document from him in breach of good faith (see Judgment 752)."
Reference(s)
ILOAT Judgment(s): 21, 752
Keywords:
case law; exception; force majeure; good faith; organisation; start of time limit; time bar; time limit;
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