Practice (213,-666)
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Keywords: Practice
Total judgments found: 102
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Judgment 1992
89th Session, 2000
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainants argue that the organization did not follow the same practice in implementing its new salary scale as that followed by other United Nations agencies in New Delhi [...] Apart from the fact that the complainants have not produced persuasive evidence as to the practice of other agencies (such evidence as there is, in fact, appears to be to the contrary) the practice of other agencies is irrelevant. If the organization has acted properly and in accordance with the applicable Staff Rules, the fact that others who may be governed by different rules may have acted differently, is beside the point."
Keywords:
practice; rule of another organisation; salary; scale; staff regulations and rules;
Judgment 1977
89th Session, 2000
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainant on several occasions filed claims and received reimbursement for duty travel in business class while he had in fact travelled in economy class, pocketing the difference. [...] There is no evidence to support the complainant's contention that this fraud was condoned or approved by the Agency and [...] his suggestion that his fraudulent practice was widespread amongst other Agency personnel, which is likewise not supported by any evidence at all, is wholly irrelevant: even if all the Agency's officers had been defrauding it in the same manner as the complainant, that would constitute no excuse for him. Where several persons commit the same crime, the guilt of one is not lessened by that of the others."
Keywords:
conduct; evidence; fitness for international civil service; misconduct; official travel; practice; serious misconduct; travel expenses;
Judgment 1966
89th Session, 2000
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10 and 12
Extract:
"Even if [a] practice [of distributing internal personal mail could create] an obligation upon the Office, it should be emphasised that such an obligation could involve limits relating, for example, to the content, nature and purpose of the mail that it is requested to distribute. [The] staff members [of the organisation] do not enjoy an absolute right to have information or documents of any type distributed through the office's facilities."
Keywords:
effect; limits; organisation's duties; practice; right;
Judgment 1851
87th Session, 1999
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The organization rejected the complainant's application for a temporary job covering the duties he had performed until then under short-term contracts. The defendant contends that the decision was based on its practice which established an age limit. "It is a well-established principle that the existence of written law does not need to be proved: the presumption juris et de jure assumes cognisance of written law. However, non-written rules have to be proved by those who invoke them. In the material case, the Tribunal has not found the slightest proof of the alleged practice. It cannot decide on a rule whose existence has not been proven. The absence of proof as to the existence of the rule invoked by the union means that its decision has no legal basis."
Keywords:
burden of proof; duty to be informed; duty to know the rules; ignorance of the rules; practice; presumption; written rule;
Judgment 1812
86th Session, 1999
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"There is no single time limit for executing judgments. The Tribunal's practice is to let the organisation have a reasonable amount of time to act, and what is reasonable will depend, among other things, on the circumstances and the issues at stake. To be sure, the Tribunal has said more than once that any lump-sum award by the Tribunal is to be paid in 30 days [see Judgments 1620 and 1748]. That deadline holds good when the organisation may readily work out the amount due. But it does not when a case is sent back for a new decision: the time to be allowed will then turn on the peculiarities of the case."
Reference(s)
ILOAT Judgment(s): 1620, 1748
Keywords:
application for execution; case law; case sent back to organisation; delay; execution of judgment; judgment of the tribunal; organisation's duties; practice; time limit; tribunal;
Judgment 1806
86th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15-17
Extract:
The Tribunal does not support the practice of the organization of not letting employees in the personnel unit hold office on the Staff Committee in order to avoid any risk of conflict of interest. The decision to offer the complainant a post in the personnel unit should never have been attached to the condition of resigning as president of the Staff Association. "It is important both to protect the right of association and to maintain a staff association's independence."
Keywords:
condition; freedom of association; offer; organisation's duties; post; practice; staff representative; staff union; staff union activity;
Judgment 1726
84th Session, 1998
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 28
Extract:
Although the Organisation's policy gave the complainant sound reasons to expect that he would be transferred to its Headquarters, "he did not have a legal right to demand such transfer and cannot recover any compensation for the failure to transfer him."
Keywords:
compensation; headquarters; practice; refusal; request by a party; transfer;
Judgment 1696
84th Session, 1998
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The [administrative] practice on which [the Organization] does rely can have no effect in law. The conditions that make a practice an enforceable custom are not met. The alleged rule is not widely recognised as binding; indeed opinion varies on what it actually is."
Keywords:
applicable law; condition; practice; purport;
Judgment 1662
83rd Session, 1997
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"There is no general rule requiring the [CERN Pension] Fund to pay interest on the transfer value [of pension entitlements]. So the Fund was free to rely on the text of its own rules, which do not expressly provide for interest, and on consistent practice."
Keywords:
cern pension fund; general principle; interest on damages; lump-sum; pension; pension entitlements; practice; transfer of pension rights; written rule;
Judgment 1633
83rd Session, 1997
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"When [the complainant's] unpaid leave expired the Organization took no decision for sixteen months as to whether or not to extend his appointment, which was therefore automatically extended". The consequence of its failure to take a decision at the time is that the automatic extension of his contract was "by whatever period would have been normal." (In this case the normal period would have been five years).
Keywords:
consequence; contract; extension of contract; failure to answer claim; implied decision; practice;
Judgment 1610
82nd Session, 1997
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
To be binding in law a practice must be so constant and consistent as to reflect a general rule: see for example Judgment 1080 [...] under 7.
Reference(s)
ILOAT Judgment(s): 1080
Keywords:
practice;
Judgment 1547
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-14
Extract:
"The EPO had no formal agreement with the union about facilities such as the distribution of a summons to a meeting. But it admitted to the Appeals Committee that its consistent practice since 1992 had been to distribute any unsealed unofficial internal mail, whether private or not, save any text containing a personal attack on someone. Was such usage binding in law? [...] The plain expectation of the staff was that the EPO would deliver notices from their union without let or hindrance." Therefore the complaints succeed.
Keywords:
binding character; discretion; facilities; flaw; freedom of association; freedom of speech; judicial review; limits; organisation's duties; practice; staff union; staff union activity;
Judgment 1461
79th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Eurocontrol has laid down a new requirement for the grant of an allowance. The Tribunal considers that "the Agency fails to show that it imposed this further requirement in the past and that it therefore forms part of the practice affirmed in the judgment. By rejecting the complainants' claims on such grounds, Eurocontrol is in breach of the rule by which it is bound through its acknowledged practice of granting the allowance".
Keywords:
evidence; lack of evidence; patere legem; practice;
Judgment 1450
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
"However municipal law on the grant of fixed-term contracts may vary from country to country, the fact is that in the international civil service such contracts are common and the policy is seen as a proper and even necessary method of administration. So the EPO acted unimpeachably in resorting to fixed-term contracts to get auxiliary work done and so ease the undue rigidity of its staff structure."
Keywords:
contract; domestic law; duration of appointment; fixed-term; international civil service principles; organisation's interest; practice;
Judgment 1445
79th Session, 1995
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was charged with making false statements to collect certain benefits. He says the organisation's policy was easy going and alleges breach of equal treatment. "There is no evidence to show just what the practice that the complainant relies on may have been: it does not seem to be a general one. Nor is there any evidence to suggest that those who he says benefited from it were all in the same position in fact and law as he. Indeed [...] his position in fact was peculiar to him since it was he who processed claims to the refund of education expenses. So he may not claim the same treatment as other officials".
Keywords:
equal treatment; evidence; general principle; practice;
Judgment 1403
78th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
Although the rules do not provide for the grant of a so-called typist's allowance for clerical officers, Eurocontrol has on an individual basis and upon application granted it to clerical officers who met certain objective conditions. "So the question at issue is whether Eurocontrol is bound in law by such long-standing practice. As was held in Judgment 421 [...] and again in Judgment 1053 [...] an organisation may be so bound where the practice is one that the staff have come to rely on."
Reference(s)
ILOAT Judgment(s): 421, 1053
Keywords:
allowance; binding character; case law; criteria; organisation's duties; practice; staff regulations and rules;
Consideration 12
Extract:
A practice "will be enforceable if it was intended to have a contractual effect, and that is an issue that turns on the circumstances of each case."
Keywords:
binding character; condition; practice;
Consideration 14
Extract:
Having placed a liberal construction on the applicable rule, Eurocontrol granted certain clerical officers payment of the so-called typist's allowance. This established a practice which remains in force until such time as a decision is taken to amend or abolish it. "Payment of the allowance to the complainant was a matter, not of discretion, but of obligation, and Eurocontrol's delay in discharging it entitles her to interest."
Keywords:
binding character; delay; interest on damages; organisation's duties; practice; staff regulations and rules;
Judgment 1399
78th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"CERN's refusal to produce minutes of meetings of the Joint Advisory Appeals Board in no way impaired [the complainant's] interests insofar as the hearings were recorded on tape to which [the organization] has expressly allowed him access from the outset. [...] Even though such practice is not in line with Regulation R VI 1.09 the omission is not in the circumstances a serious one."
Reference(s)
Organization rules reference: CERN REGULATION R VI 1.09
Keywords:
cause of action; consequence; flaw; internal appeal; internal appeals body; practice; procedure before the tribunal; staff regulations and rules;
Judgment 1390
78th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
The organisation argues that the International Court of Justice in an opinion it delivered on 23 October 1956 "recognised that the internal practices of international organisations may have force of law (Digest 1956, p. 18). But those practices must be lawful and must not offend, as they do in the present case, against the internal law of an organisation or the principles of due administrative process."
Keywords:
advisory opinion of icj; case law; competition cancelled; due process; icj; practice; staff regulations and rules; written rule;
Judgment 1321
76th Session, 1994
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"As the Tribunal has said more than once, a staff member may not rely upon an unlawful act or a benefit granted ex gratia to other staff in support of his own claim."
Keywords:
case law; equal treatment; flaw; practice;
Judgment 1309
76th Session, 1994
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The defendant Organization is seeking review of a judgment on the grounds that the Tribunal's interpretation of one of UNESCO's rules overlooked well-established practice. The Tribunal interpreted that provision as it saw fit. "What the Organization is seeking is review on the grounds of an alleged mistake of law, and that is not an admissible plea for review."
Keywords:
application for review; inadmissible grounds for review; mistake of law; practice;
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