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Practice (213,-666)

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Keywords: Practice
Total judgments found: 89

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  • Judgment 4251


    129th Session, 2020
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the lawfulness of a selection procedure in which she participated and the appointment made at the end of that procedure.

    Consideration 12

    Extract:

    The Tribunal finds that the Organization’s long-established practice of communicating substantive information on the selection process only at its formal end, is correct, as until that time, there cannot be any certainty as to the final outcome.

    Keywords:

    duty to inform; practice; selection procedure;



  • Judgment 4197


    128th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reject his request for payment of overtime hours performed under the terms of an informal agreement concluded within his department.

    Consideration 5

    Extract:

    The Tribunal finds that a practice was established based on the informal agreement, which was not contrary to the written provisions of Articles 57 and 58 of the Service Regulations. This practice, which was followed for a long time without any contestation by the parties to the agreement, became a legally binding practice, which only regarded voluntary work, thus, there was no requirement to consult the Local Advisory Committee (LAC) or the General Advisory Committee (GAC).

    Reference(s)

    Organization rules reference: Articles 57 and 58 of the Service Regulations

    Keywords:

    consultation; practice;



  • Judgment 4162


    128th Session, 2019
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the final decision on her claim for compensation for a service-incurred injury or illness.

    Consideration 17

    Extract:

    In Appendix D to UNIDO’s Staff Rules there is no provision dealing with the duration of the payment of compensation for a partial disability. The Tribunal finds that UNIDO has, in fact, an established practice related to the duration of the payment of the compensation for partial disability. The Tribunal accepts UNIDO’s submission that this practice is consistent with the United Nations’ (UN) practice prior to the amendment of Appendix D to the UN Staff Rules, that compensation for partial disability did not extend beyond a staff member’s mandatory retirement date.

    Keywords:

    partial disability; practice;



  • Judgment 4155


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to allow all staff to vote when members of the Staff Council are elected.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; election; freedom of association; practice; staff representative;

    Considerations 7-8

    Extract:

    In November 2014, the Director General sent a message to the staff effectively declaring that Staff Regulation 8.1 required all staff to be able to vote in an election for the Staff Council. Thereafter the Administration, guided by an opinion of the JAG, took steps to alter the status quo ante and bring about the election of members of the Staff Council by all staff rather than only those who are members of the Staff Association. [...]
    The circumstances prevailing immediately before November 2014 were that the body described in Staff Regulation 8.1 was constituted by members of the Staff Association who had been elected to the Association’s Staff Council under the rules of the Association. This involved, at least implicitly, an acceptance by the Administration that Staff Regulation 8.1 permitted or authorised the constitution of the Staff Council in this way. What, in effect, WIPO has done, is adopt and assert an interpretation of Staff Regulation 8.1 which is partisan in the sense that it is an interpretation which was obviously aimed at disadvantaging the Staff Association and its members, having regard to the long-standing practice concerning the constitution of the Staff Council, and favouring the Administration in the sense that it does not have to deal with individuals, as members of the Staff Council, with, necessarily, what is almost certainly significant authority deriving from the membership of the Staff Association and their election by that membership. This constitutes an abuse of power.

    Keywords:

    freedom of association; misuse of authority; practice;



  • Judgment 4139


    128th Session, 2019
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her fixed-term contract as a result of her post having been abolished.

    Consideration 5

    Extract:

    [T]he argument that the signature of such decisions by the Head of the Human Resources Department was common practice at the Global Fund should not be accepted. It is a matter of principle that an illegal practice cannot become legally binding (see, for example, Judgments 1390, consideration 27, 2259, considerations 8 and 9, 2411, consideration 9, 2959, consideration 7, or 3544, consideration 14, and, for a case similar to the present case, [...] Judgment 3071, consideration 28).

    Reference(s)

    ILOAT Judgment(s): 1390, 2259, 2411, 2959, 3071, 3544

    Keywords:

    delegated authority; practice;



  • Judgment 4138


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 40

    Extract:

    The ICSC did not have power to decide, itself, the amounts of post adjustments with the ultimate consequence that the salaries of Geneva-based Professional category and above be reduced. The ICSC could only make recommendations and not decide on amounts. That was the preserve of the General Assembly.

    Keywords:

    general assembly resolution; icsc decision; icsc statute; practice;



  • Judgment 4134


    128th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 39

    Extract:

    In relation to the relevance of practice, the complainants say practice is not legally binding if it contravenes a written rule that is already in force. This principle is well established in the Tribunal’s case law (see, for example, Judgment 3883, consideration 20). However, the ILO argues this principle concerns only the relationship between written rules and practice in the confined context of the legal relationship between staff and an organization. While this latter point is correct, the principle is a manifestation of a more fundamental requirement, namely the creation of stability, predictability and certainty. This matter was recently discussed by the Tribunal in the context of the operation of the principle of stare decisis in Judgment 3450. The Tribunal observed in consideration 8, that it is important for the law to be stable, predictable and certain and the principle of stare decisis “[...] serves a much more fundamental and important purpose of creating consistency and predictability in a legal system”. The Tribunal observed that principles and interpretations of the Tribunal in earlier judgments should be followed “in order to create a stable, predictable and certain legal system concerning the rights and obligations of both staff and organizations”. To accept the contention of the ILO concerning the legal effect of practice is to invite instability, unpredictability and uncertainty and must be rejected.

    Reference(s)

    ILOAT Judgment(s): 3450, 3883

    Keywords:

    practice; stare decisis;

    Consideration 38

    Extract:

    The ILO contends that there is an established practice accepted by the General Assembly involving the ICSC determining, by decision, PAMs and thus their effect on salaries. It contends that practice impacts, as a matter of law, on the scope of the powers of the ICSC. It refers to instances where practice is, so it contends, as a matter of international law, accepted and recognised. However, even if this were so, it would be a large step for this Tribunal to conclude that the Statute of a body such as the ICSC did not define and delimit its powers. The ILO has accepted the authority of the ICSC but necessarily on the basis of its role, as established by its Statute. The Statute recognises, in Article 1, an organization’s participation in the United Nations common system is based on its acceptance of the Statute in the manner referred to earlier. The contention of the ILO would involve the adoption of a principle by this Tribunal that the conduct of the ICSC together with its acceptance by the General Assembly, even if agreed to or accepted without objection by some or all organizations participating in the United Nations common system, could or even would result in an alteration of the powers of the ICSC irrespective of how they might be defined or constrained by its Statute.

    Keywords:

    general assembly resolution; icsc statute; practice;



  • Judgment 4029


    126th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to grant him the two-step within-grade increase which, he argues, WHO ought to have granted him at the time of his appointment under a fixed-term contract.

    Consideration 19

    Extract:

    It is well settled in the case law “that a practice cannot become legally binding if it contravenes a written rule that is already in force” (Judgment 3601, under 10). In Judgment 2959, under 7, the Tribunal explained that “a practice which is in violation of a rule cannot have the effect of modifying the rule itself”. In this case, WHO initiated a practice for the benefit of long-term short-term staff members to address the concern that these staff members were not given any within-grade increases. The benefit provided in the application of that practice went beyond and was in addition to the provisions in Staff Rule 320.1. The practice did not modify Staff Rule 320.1 or affect the rights of other WHO staff members. Accordingly, the Tribunal concludes that the practice was legally binding.

    Reference(s)

    ILOAT Judgment(s): 2959, 3601

    Keywords:

    practice;



  • Judgment 4026


    126th Session, 2018
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to reclassify her post.

    Consideration 6

    Extract:

    [A] practice cannot become legally binding where, as in the present case, it contravenes specific rules which are already in force (see, for example, Judgment 3734, consideration 5).

    Reference(s)

    ILOAT Judgment(s): 3734

    Keywords:

    practice;



  • Judgment 3883


    124th Session, 2017
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants contest the implementation of new salary scales as from March 2012 in Bangkok.

    Consideration 20

    Extract:

    [A] practice cannot become legally binding if it contravenes a written rule that is already in force (see, for example, Judgments 3601, consideration 10, and 3544, consideration 14).

    Reference(s)

    ILOAT Judgment(s): 3544, 3601

    Keywords:

    practice;



  • Judgment 3734


    123rd Session, 2017
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the IAEA’s decision not to pay her compensation for the loss of earning capacity beyond the age of 60.

    Consideration 5

    Extract:

    As stated in Judgment 2702, under 11, “[i]t is well established that the party seeking to rely on an unwritten rule bears the onus of proving the substance of the rule. This applies equally to a party seeking to rely on an established practice.” Beyond stating that its established practice is consistent with its interpretation, the IAEA has not adduced any proof of the existence or nature of the practice. It may also be added that a practice cannot become legally binding if it is at odds with a statutory provision already in force, as is the case here (see, for example, Judgment 3546, under 8, and the judgments cited therein).

    Reference(s)

    ILOAT Judgment(s): 2702, 3546

    Keywords:

    practice;



  • Judgment 3680


    122nd Session, 2016
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision not to extend her contract beyond retirement age.

    Consideration 12

    Extract:

    Consistent precedent has it that while an international organization is obliged to apply its written rules, it must also act in accordance with a consistent practice while that practice is in existence. A staff member may rely on a practice that is created by an announcement, by an administrative circular or otherwise, which is evidence that in the exercise of the discretionary power the head of the organisation will follow a specified administrative procedure. Accordingly, a decision by the executive head of an international organization who has created an established practice in furtherance of the exercise of discretion conferred by a written rule may be vitiated if the decision breaches the existing practice. [...] Consistent precedent also has it that the party who seeks to rely on an unwritten rule or practice bears the burden of proving its substance (see, for example, Judgment 2702, consideration 11).

    Reference(s)

    ILOAT Judgment(s): 2702

    Keywords:

    practice;



  • Judgment 3601


    121st Session, 2016
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decisions not to promote him to a post of Inspection Team Leader and not to designate him as an Acting Team Leader.

    Consideration 10

    Extract:

    "[T]he Tribunal has consistently held that a practice cannot become legally binding if it contravenes a written rule that is already in force (see, for example, Judgments 2959, under 7, or 3544, under 14)."

    Reference(s)

    ILOAT Judgment(s): 2959, 3544

    Keywords:

    practice;



  • Judgment 3546


    120th Session, 2015
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the principle of extending the active service of a staff member beyond the age of 65 and the terms thereof.

    Consideration 8

    Extract:

    "[T]he ILO’s argument that its failure to comply with this duty reflected a long-standing practice to which the Staff Union had never previously raised any formal objection is of no avail. Indeed, as the Tribunal has consistently held, a practice cannot become legally binding if, as is the case here, it contravenes a written rule that is already in force (see, for example, Judgments 1390, under 27, 2259, under 8 and 9, 2411, under 9, 2959, under 7, or 3071, under 28)."

    Reference(s)

    ILOAT Judgment(s): 1390, 2259, 2411, 2959, 3071

    Keywords:

    practice;



  • Judgment 3544


    120th Session, 2015
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the practice followed in granting appointments without limit of time to officials in the Director and Principal Officer category.

    Consideration 14

    Extract:

    "[T]he ILO maintains that the disputed practice has been consistently applied for more than 15 years without demur from the Staff Union Committee until now – as has already been said – and without it giving rise to any objections from the officials concerned. However, as the Tribunal has consistently held, a practice cannot be become legally binding if it contravenes a written rule that is already in force (see, for example, Judgments 1390, under 27, 2259, under 8 and 9, 2411, under 9, 2959, under 7, or 3071, under 28). The inconsistency demonstrated above between the disputed practice and the provisions of Circular No. 452 is sufficient reason to dismiss that argument."

    Reference(s)

    ILOAT Judgment(s): 1390, 2259, 2411, 2959, 3071

    Keywords:

    practice;



  • Judgment 3071


    112th Session, 2012
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 28

    Extract:

    "A practice that is inconsistent with staff regulations cannot obtain legal force (see Judgment 1390, under 27)."

    Reference(s)

    ILOAT Judgment(s): 1390

    Keywords:

    effect; practice; staff regulations and rules;



  • Judgment 3019


    111th Session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    Automatic coverage of spouses under the Organisation's long-term health insurance / Obligation to file a waiver declaration.
    "The automatic coverage applied by the Implementing Rules cannot be deemed unreasonable. It is clear that under the system chosen by the Organisation some staff members may be slightly financially penalised if they fail to opt out of the scheme, as their automatic coverage will entail consequent deductions from their salaries. However, in evaluating the possible outcome resulting from automatic coverage and that resulting from a lack of coverage, the Organisation evidently considered that the outcome could be worse in the latter situation as staff members who neglected to enrol their spouses in the long-term care insurance scheme could suffer the severe financial consequences of not being insured when the need arose, and the Tribunal cannot regard the Organisation's choice as unreasonable."

    Keywords:

    deduction; insurance; insurance benefit; organisation; practice; salary; social benefits;



  • Judgment 2959


    110th Session, 2011
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "[T]he existence of an established practice of directly appointing the Chief of Cabinet is not relevant, as a practice which is in violation of a rule cannot have the effect of modifying the rule itself, and the fact that employees may be aware of such a practice does not prevent them from exercising their right to impugn a decision based on that practice whenever it affects them."

    Keywords:

    breach; practice; precedence of rules; provision; right of appeal; written rule;



  • Judgment 2915


    109th Session, 2010
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "The fact that the Director General did not sign the letter [informing the complainant that her request was denied] does not mean that he did not take the relevant decision. The signing of the letter by the Director of [the Human Resources Management Department] is consistent with normal personnel practice. Moreover, the presumption of regularity applies in the absence of cogent evidence to the contrary."

    Keywords:

    competence; complaint allowed; complaint allowed in part; evidence; executive head; formal requirements; practice; staff regulations and rules; vested competence;



  • Judgment 2702


    104th Session, 2008
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "It is well established that the party seeking to rely on an unwritten rule bears the onus of proving the substance of the rule. This applies equally to a party seeking to rely on an established practice."

    Keywords:

    burden of proof; no provision; organisation's duties; practice; same; staff member's duties;

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Last updated: 02.06.2020 ^ top