Exception (113,-666)

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Keywords: Exception
Total judgments found: 212

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• Judgment 1080

  
  70th Session, 1991
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  The complainants object to the amount of their terminal entitlements and point out that another official got a much higher amount through an error made by the organization. "The unlawful handling of one case does not entitle the complainants to the same unlawful treatment."

  Keywords:

  amount; equal treatment; exception; flaw; terminal entitlements;
  

  
  
  

• Judgment 1068

  
  70th Session, 1991
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3, Summary

  Extract:

  By a letter of 20 December 1988 the complainant asked the Director-General to pay her three months' salary based on an offer made to her on 23 October 1981. Her claim was nowhere near being in time according to the time limit set in Article 14.8 of the Staff Regulations. The organisation's failure to pay her has no effect on the time limit.

  Reference(s)

  Organization rules reference: ARTICLE 14.8 OF THE ILO STAFF REGULATIONS
  
  

  Keywords:

  exception; internal appeal; receivability of the complaint; time bar;
  

  
  
  

• Judgment 1058

  
  70th Session, 1991
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 3-4

  Extract:

  "The basis for the complaint being the staff report for 1984 and that report having been withdrawn, there is no need to rule on the claims filed by the complainant, who has obtained satisfaction. The Tribunal will nevertheless make an award of costs because at the time of filing the complaint was warranted."

  Keywords:

  case pending; cause of action; complaint; costs; exception; settlement out of court;
  

  
  
  

• Judgment 1020

  
  69th Session, 1990
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  "The general principle the Tribunal will apply is that, save where there is reversal of an earlier decision - and in this case there was not - an administrative decision may not retroactively impair a right or alter any state of fact."

  Keywords:

  exception; general principle; non-retroactivity; withdrawal of decision;
  

  
  
  

• Judgment 1019

  
  69th Session, 1990
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  Vide Judgment 1020, consideration 12.

  Reference(s)

  ILOAT Judgment(s): 1020
  

  Keywords:

  exception; general principle; non-retroactivity; withdrawal of decision;
  

  
  
  

• Judgment 1001

  
  68th Session, 1990
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The parties agreed to dispense with prior referral to the Joint Appeals Board and to put the dispute directly to the Tribunal, as Rule 112.03 of UNIDO's Staff Rules allows." Because of that provision in the Organization's Rules, the requirement set out in Article VII of the Tribunal's Statute is met.

  Reference(s)

  ILOAT reference: ARTICLE VII(1) OF THE STATUTE
  Organization rules reference: RULE 112.03 OF THE UNIDO STAFF RULES
  
  

  Keywords:

  acceptance; direct appeal to tribunal; enforcement; exception; executive head; receivability of the complaint; staff regulations and rules;
  

  
  
  

• Judgment 1000

  
  68th Session, 1990
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The parties agreed to dispense with prior referral to the Joint Appeals Committee and to put the dispute directly to the Tribunal, as Rule 12.02.1(b) of the Agency's Provisional Staff Rules allows." Because of that provision in the Agency's Rules, the requirement set out in Article VII of the Tribunal's Statute is met.

  Reference(s)

  ILOAT reference: ARTICLE VII(1) OF THE STATUTE
  Organization rules reference: RULE 12.02.1(B) OF THE IAEA PROVISIONAL STAFF RULES
  
  

  Keywords:

  acceptance; direct appeal to tribunal; enforcement; exception; executive head; receivability of the complaint; staff regulations and rules;
  

  
  
  

• Judgment 986

  
  67th Session, 1989
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 21-22

  Extract:

  A decision "will be reviewed in the context of fact and law that obtained when it was taken, else there would be breach of the general rule against retroactivity that is binding on any administrative authority and court of law. That precept does, however, allow of limited qualification [...] A decision taken after the one impugned may, if more favourable, repeal it with retroactive effect".

  Keywords:

  decision; exception; general principle; non-retroactivity; subsequent fact;
  

  
  
  

• Judgment 955

  
  66th Session, 1989
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The complainant's "argument that he was late in discovering that the decision had been unlawful is irrelevant: a time limit is a matter of objective fact and starts when the decision is notified. if that were not so - whatever considerations of equity there might be - there could be no certainty in legal relations between the parties, and such certainty is the whole point and purpose of time limits. An exception might be allowed only if the organisation had acted in bad faith and misled the official."

  Keywords:

  consequence; decision; exception; flaw; good faith; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
  

  
  
  

• Judgment 950

  
  65th Session, 1988
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "To justify review, there must be evidence of some exceptional circumstance, such as accident or inadvertence, cogent enough to displace the principle of finality of judgment."

  Keywords:

  admissible grounds for review; application for review; exception; res judicata;
  

  
  
  

• Judgment 944

  
  65th Session, 1988
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The internal appeal was signed by Mr. [E.] whereas the complaint is signed by Mr. [E.]'s wife. "There being no need for a ruling of general purport on the issue, the Tribunal holds that in the circumstances of the case the complaint may be deemed receivable. [...] The complainant's husband, [...] like her, is an official of the EPO; they concur on the material issue and the purpose of the suit relates to a matter of social security for spouses".

  Keywords:

  complainant; complaint; difference; exception; family relationship; internal appeal; locus standi; marital status; receivability of the complaint;
  

  
  
  

• Judgment 937

  
  65th Session, 1988
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12, Summary

  Extract:

  The complainant was dismissed for misconduct. The organization submits that the complainant took home leave without going to his home country, the one which treats him as its citizen. The Tribunal held that the complainant was in breach of the letter and spirit of the rules: "Though the rules do allow rerouting, it must not be more than a minor change in travel arrangements."

  Keywords:

  direct route; enforcement; exception; home leave; misconduct; place of origin; serious misconduct; staff member's duties; staff regulations and rules; termination of employment;
  

  
  
  

• Judgment 923

  
  65th Session, 1988
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  The complainant's "claim to costs is receivable because the organisation did not answer his claim to the refund and indeed did nothing at all until he had actually filed this complaint."

  Keywords:

  case pending; costs; exception; receivability of the complaint; settlement out of court;
  

  
  
  

• Judgment 881

  
  64th Session, 1988
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 14

  Extract:

  "Likewise immaterial are the level and length of the experience [the complainant] says should count, and how long such experience must be to be treated as exceptional under I.1 [of Circular 144]. Such questions arise only where the applicant has no degree but is recruited on the strength of exceptional practical experience."

  Reference(s)

  Organization rules reference: POINT I.1 OF CIRCULAR 144
  
  

  Keywords:

  appointment; degree; exception; professional experience; subsidiary; terms of appointment;
  

  
  
  

• Judgment 845

  
  63rd Session, 1987
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "Even if an examiner appointed after 1 January 1981 had been promoted contrary to the rapid promotion rule in CA/20/80, that is no reason for unlawfully promoting the complainant. As the Tribunal stated in Judgment 614, a complainant may not rely on unlawful treatment which conferred benefit on other staff members: equality in law does not mean equality in the breach of it."

  Reference(s)

  ILOAT Judgment(s): 614
  

  Keywords:

  appointment; date; difference; effective date; equal treatment; exception; flaw; general principle; personal promotion; promotion;
  

  
  
  

• Judgment 809

  
  61st Session, 1987
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 17 and 20

  Extract:

  The complainant "was made to take special leave at full pay. The material provision is [Unesco Staff] Rule 105.2(b): 'in exceptional circumstances staff members may be required to take special leave with pay, this measure being without prejudice to the rights of the staff member'. [...] The organization is not saying that no suitable post was vacant at the time the impugned decision was taken [...] nor does it maintain that it made the efforts it could have made to find a solution. All it does say is that the complainant never applied at the time for a single post. [...] On the broader issue, if the organization's intent was that the decision should be some sort of disciplinary sanction, then it would have perverted Rule 105.2(b)".

  Reference(s)

  Organization rules reference: UNESCO STAFF RULE 105.2(B)
  
  

  Keywords:

  assignment; disciplinary measure; exception; hidden disciplinary measure; organisation's duties; special leave; staff member's duties; staff regulations and rules;
  

  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 794

  
  60th Session, 1986
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  According to PAHO provisions in force, the holder of a professional post must have a university degree [the general rule]. However, an exception may be made for a person who "has attained a body of theoretical knowledge in a recognised field through personal application or effort".

  Keywords:

  appointment; condition; degree; exception; professional category; professional experience;
  

  
  
  

• Judgment 791

  
  60th Session, 1986
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "[T]he rule [by which receivability hinges on the official's having exhausted the internal means of redress] is not a hard-and-fast one, even though the Statute does not expressly allow any derogation from it. The derogation should in all fairness be allowed if the complainant has done his utmost to obtain a decision, but on the evidence a decision seems unlikely to be taken in reasonable time."

  Keywords:

  exception; failure to answer claim; implied decision; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
  

  
  
  

• Judgment 767

  
  59th Session, 1986
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "Precedent has it that one official may not rely on the unjust enrichment of another: equality in law does not embrace equality in the breach of it."

  Keywords:

  equal treatment; exception; flaw; general principle;
  

  
  
  

• Judgment 764

  
  59th Session, 1986
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The complainant, who is challenging the reckoning of amounts docked from his salary for strike action, obtained satisfaction after he had filed the complaint. His complaint is now without substance. Inasmuch as there were grounds for him to come before the Tribunal at the time of filing, the complainant is entitled to costs.

  Keywords:

  case pending; cause of action; costs; exception; no cause of action; settlement out of court;
  

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