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Practice (213,-666)

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Keywords: Practice
Total judgments found: 91

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  • Judgment 1073


    70th Session, 1991
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant was denied a dependency entitlement for 1989 because his wife's income did not meet the conditions laid down in Provisional Staff Rule 5.03.2(d) as it read at the material time. Loss of the entitlement brought the complainant's combined family income below the maximum limit. As from 1 January 1990 the Agency's practice was amended so as to limit the loss of such entitlement to the same amount by which the spouse's income runs over the income limit. Inasmuch as the new rule does not prescribe retroactive change, the complainant has no grounds on which to claim it.

    Reference(s)

    Organization rules reference: IAEA PROVISIONAL STAFF RULE 5.03.2(D)

    Keywords:

    allowance; amendment to the rules; condition; dependant; non-retroactivity; practice; salary; staff regulations and rules;



  • Judgment 1053


    69th Session, 1990
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7, Summary

    Extract:

    When the complainants retired in 1988 they chose to take partial lump-sum payment of their pensions in the belief that United States taxes levied on those amounts would be reimbursed in keeping with a practice that remained in force until 1989. But they were denied reimbursement. As the complainants all believed the practice to be applicable when they made their choice, both the principle of non-retroactivity and that of good faith apply.

    Keywords:

    amendment to the rules; date; good faith; lump-sum; non-retroactivity; pension; pension entitlements; practice; refund; retirement; tax;

    Consideration 6

    Extract:

    "As the Tribunal held in Judgment 421 [...], [a legal] obligation may be created by the establishment of a practice on which the staff have come to rely. Enforcement of the practice will depend on whether it was intended to have contractual effect, and that must be determined in the circumstances of each case."

    Reference(s)

    ILOAT Judgment(s): 421

    Keywords:

    binding character; effect; practice;

    Summary

    Extract:

    In respect of tax reimbursement the IAEA took the reference in Provisional Staff Regulation 5.02(a) to "salaries or allowances paid by the Agency" to cover lump-sum payments from the United Nations Joint Staff Pension Fund between 1980 and 1989. The Tribunal holds that, "having been followed over several years,the interpretation became part of the Agency's personnel policy and had to be applied to all departing staff members who found themselves in similar circumstances. If the Agency chose to take a different view of the interpretation at a later stage, it could not in doing so break with the general principle of good faith which it is required to observe in dealings with its staff members."

    Reference(s)

    Organization rules reference: IAEA PROVISIONAL STAFF REGULATION 5.02(A)

    Keywords:

    amendment to the rules; good faith; interpretation; lump-sum; pension; practice; refund; staff regulations and rules; tax;



  • Judgment 1041


    69th Session, 1990
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant submits that, in keeping with epo practice, the deduction for work stoppage should have been limited to basic salary. "In making deductions from pay in 1983 on account of a strike in 1982, [the EPO did] leave untouched the dependants' expatriation and housing allowances. But the precedent does not hold good: in dealing with the matter again in October 1985 the organisation refrained from deciding on the deductions it would make from staff pay in the event of future strikes."

    Keywords:

    allowance; base salary; deduction; practice; salary; strike;



  • Judgment 1004


    68th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    The complainant's candidature in an internal competition was rejected on the grounds that he had not served the ILO for an unbroken period of two years. He submits that the Staff Regulations nowhere lay down such a condition. The plea fails. The two-year requirement was clear from the competition announcement; it also appears to have been a standard and long-standing condition for entering internal ILO competitions.

    Keywords:

    appointment; competition; condition; internal competition; no provision; practice; vacancy notice;



  • Judgment 976


    66th Session, 1989
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant is seeking the reimbursement of charges for shipment of baggage when he took home leave. He contends that the organisation's practice from which he benefited until 1985 was to authorise both the conversion of unused excess baggage allowances into air freight and the combination of baggage allowances for the outward and the return journeys. The Tribunal holds that the practice of conversion is in keeping with the applicable upu rules, but that combination is not covered by the rules.

    Keywords:

    enforcement; home leave; personal effects; practice; refund; staff regulations and rules; transport expenses; travel expenses;



  • Judgment 975


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

    Consideration 9

    Extract:

    "The practice of allowing mothers to defer prenatal maternity leave and to extend postnatal maternity leave correspondingly does not entitle the complainant to substitute sick leave for maternity leave, that being contrary to the provisions of the Regulations."

    Keywords:

    enforcement; extension of contract; maternity leave; practice; provision; sick leave; staff regulations and rules;



  • Judgment 971


    66th Session, 1989
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The complainant claims payment under Annex C. But only the WHO, not the complainant, is entitled to payment under this annex, which concerns its insurance policy. The policy is exclusively a matter between the WHO and its insurers. In application of its administrative practice, as reflected in paragraph 365 of Manual II.7, the organization does hand the difference over to the staff member if the sum it has actually received from the insurers more than covers its liability to him."

    Reference(s)

    Organization rules reference: WHO MANUAL PROVISION II.7

    Keywords:

    amount; complainant; difference; health insurance; insurance; organisation; payment; practice;



  • Judgment 910


    64th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "It is not reasonable for a former employee who had been absent for five months to assume that there had been no change in policy affecting the rights of employees during the period of her absence. If the prospect of on-local status was indeed an important factor in her applying for further employment it was incumbent upon her to find out whether the same practice applied as before. Had she done so she would have been told that it did not. Since she failed to do so she may not rely on the organization's failure to inform her of the change since there was no such duty on the organization."

    Keywords:

    amendment to the rules; duty to inform; local status; non-local status; organisation's duties; practice; terms of appointment;



  • Judgment 892


    64th Session, 1988
    International Office of Epizootics
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant challenges the non-renewal of her contract. She alleges breach of an oral promise of automatic renewal. But she offers no proof of the allegation. "Even supposing she were right and the head of personnel had said that fixed-term appointments were automatically renewed, there would not necessarily be a binding rule but just a common practice which would neither require the Director General to employ her nor confer on her any right to renewal."

    Keywords:

    contract; evidence; extension of contract; fixed-term; lack of evidence; non-renewal of contract; organisation's duties; practice; promise;



  • Judgment 860


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

    Summary

    Extract:

    As to identity in the cause of action, Mr [A.] notes that the Tribunal had in part rejected the complainants' plea of breach of good faith on the grounds that they had taken up duty after the new criteria had taken effect. Mr [A.] contends that this reasoning does not apply to him insofar as he had taken up duty before the change in rules. The Tribunal acknowledges that there is on this point a new cause of action; however it holds on the merits that a staff member has no right, save in exceptional cases, to demand that the rules on promotion in force at the time of appointment should never be modified.

    Reference(s)

    ILOAT Judgment(s): 657

    Keywords:

    acquired right; amendment to the rules; application for review; appointment; date; effective date; general principle; good faith; practice; promotion; provision; receivability of the complaint; res judicata; same cause of action; terms of appointment;



  • Judgment 841


    63rd Session, 1987
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The rules do not require the ESO to provide the complainant with a performance assessment on the termination of his employment either in the form he seeks or in any other. The ESO is therefore not in breach of any term of the complainant's contract of employment in failing to provide him with a performance assessment. Further, as an international organisation it is not bound by the requirements placed on employers by the laws and usage of the Federal Republic."

    Reference(s)

    ILOAT Judgment(s): 780, 840, 842

    Keywords:

    certificate of service; domestic law; formal requirements; no provision; organisation's duties; practice; work appraisal;



  • Judgment 809


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

    Consideration 14

    Extract:

    "The organization submits that it followed a practice introduced by the master standard for job classification which the International Civil Service Commission has approved and which applies throughout the United Nations system. But the master standard does not apply directly to the staff of the international organisations: it consists of mere guidelines which the organisations are free to introduce into their own regulations."

    Keywords:

    administrative instruction; binding character; enforcement; general decision; icsc decision; post classification; practice; rule of another organisation; staff regulations and rules;



  • Judgment 792


    60th Session, 1986
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The Tribunal refers to the principle laid down in Judgment no. 767: the administration may alter its procedure, "but the change must be properly made known and may not be retroactive." In this case, the change concerns the construction of a provision in the Staff Regulations.

    Reference(s)

    Organization rules reference: ARTICLE 11.16 OF THE ILO STAFF REGULATIONS
    ILOAT Judgment(s): 767

    Keywords:

    amendment to the rules; condition; duty to inform; interpretation; non-retroactivity; practice; staff regulations and rules;



  • Judgment 767


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

    Consideration 9

    Extract:

    The organisation submits that "even if it did construe [Article] 11.16 too loosely it could always put an end to the practice. The ILO may indeed change the interpretation provided, it does not thereby infringe any provision of the Staff Regulations. But the change has to be properly made known and may not be retroactive. The only evidence adduced in support of the argument is a circular which went out after the impugned decision and which therefore could have no bearing on its lawfulness."

    Reference(s)

    Organization rules reference: ARTICLE 11.16 OF THE ILO STAFF REGULATIONS

    Keywords:

    amendment to the rules; duty to inform; interpretation; non-retroactivity; practice; provision; staff regulations and rules;



  • Judgment 657


    55th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The practice under consideration was being followed before the complainants were recruited and continued to be applied to all officials recruited along similar lines. "There is therefore no merit in the plea that there was breach of their good faith."

    Keywords:

    good faith; practice;



  • Judgment 577


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "As the Tribunal observed in [Judgment 421] the question whether the action of the administration [...] was intended to have a contractual effect must be determined in the light of the circumstances in each case. In regard to the non-renewal of fixed-term contracts, it seems to the Tribunal that staff members would, in view of the practice, have come to rely on receiving reasonable notice as part of their contractual rights".

    Reference(s)

    ILOAT Judgment(s): 421

    Keywords:

    binding character; contract; fixed-term; non-renewal of contract; notice; practice; reasonable time;



  • Judgment 571


    51st Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It is not for the Tribunal to interpret the text of the guideline. The [Staff] Regulation leaves it to the discretion of the President to determine the number of years [of professional experience] so long as he has regard to the guideline. [...] He is entitled to have regard to the fact that the interpretation [put on it], whether right or wrong, has been applied consistently since the first staff were recruited and it cannot now be changed without causing injustice."

    Keywords:

    administrative instruction; competence; competence of tribunal; discretion; executive head; interpretation; practice; professional experience;



  • Judgment 564


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant was eliminated from a competition. Another candidate was selected: "It is no breach of any provision of the Staff Regulations to promote someone who has been in his previous grade for only a year. It is immaterial whether that is common practice or not."

    Keywords:

    condition; grade; practice; promotion; seniority;



  • Judgment 554


    50th Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The Tribunal stated in Judgment No. 486 that "the question for its decision was whether it was within its competence to enforce a rule of policy or practice. The Tribunal found that there was such a rule, but that since it conflicted with a staff rule, it did not create an obligation which the Tribunal was competent to enforce. [...] It is manifest from the judgment that the rule of policy or practice, by whatever evidence its existence was proved, was in this case unenforceable."

    Reference(s)

    ILOAT Judgment(s): 486

    Keywords:

    applicable law; application for review; difference; evidence; practice; precedence of rules; provision; staff regulations and rules;



  • Judgment 514


    49th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The Tribunal in Judgment no. 426 decided that a practice by the United Nations to reimburse tax on lump-sum communications was irrelevant." The United Nations introduced a transitional measure to protect the acquired rights of serving officials when it discontinued the practice. The organisation in question did not do likewise. The point raised is not within the jurisdiction of the Tribunal.

    Reference(s)

    ILOAT Judgment(s): 426

    Keywords:

    amendment to the rules; commutation; competence of tribunal; lump-sum; practice; refund; tax; transitional measures;

    Consideration 5

    Extract:

    "A change in a rule or practice [...] is a sufficient ground within the meaning of [the principle of equality of treatment] for distinguishing those who made their claim before from those who made their claim after."

    Keywords:

    amendment to the rules; equal treatment; practice;

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