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Practice (213,-666)

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Keywords: Practice
Total judgments found: 102

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  • 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;



  • Judgment 506


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The organization adopted a more flexible approach in the application of the new rule: "Those [officials] appointed before the Finance Committee made its recommendation, who before had been informed of the possibility of qualifying for non-local status, or might have been, were still able to obtain such status despite the wording of the rule. There was strict application only to those appointed after the recommendation. The distinction between those appointed before and those appointed after rested on the fact that the former, unlike the latter, had or might have had the expectation of qualifying for non-local status some day."

    Keywords:

    amendment to the rules; appointment; date; difference; enforcement; equal treatment; legitimate expectation; local status; non-local status; practice; promise; provision; staff regulations and rules;



  • Judgment 505


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    Up until the end of October 1974, short-term officials "had or may have had the expectation of qualifying some day [for non-local status]. It was therefore fair to take account of that expectation and grant them non-local status on the terms established under the practice." After that date, officers recruiting short-term staff "were told to discontinue the practice of mentioning the possibility of qualifying for non-local status [...] in other words, the old practice was abolished, the result being that those who were [recruited after that date] had no reason to expect non-local status and could not claim it by virtue of the principle of equality."

    Keywords:

    amendment to the rules; equal treatment; legitimate expectation; local status; non-local status; practice;



  • Judgment 486


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4 and 8

    Extract:

    The complainant was promoted from GS to P. This change was not an appointment. Under the stated policy of the organization such a promotion justified a review of the place of residence. But such a statement of practice "must not conflict with the rule which it is elaborating". The applicable provision stipulates that the place determined at the time of appointment should be recognised throughout the service. "This forbids the change of residence which the complainant is asking the Tribunal to order."

    Keywords:

    amendment to the rules; contract; enforcement; general service category; local status; practice; professional category; promotion; provision; residence; staff regulations and rules;

    Considerations 7-8

    Extract:

    It is organization policy to treat a promotion from GS grades to P category as justifying a review of the place of residence. "There is ample evidence that this was the stated policy, though [...] there is no evidence in the dossier of the policy being put into practice. [...] The question is therefore whether it is within the competence of the Tribunal to enforce a rule of policy or practice." A statement by the Director-General explaining a practice which he intends to follow can under certain circumstances create a contractual obligation arising out of the relationship created by the appointment. The Tribunal is competent to hear the complaint.

    Keywords:

    amendment to the rules; binding character; competence of tribunal; contract; general service category; practice; professional category; promotion;

    Consideration 8

    Extract:

    A statement by the Director of a practice which he intends to follow can under certain conditions establish a contractual obligation arising out of the relationship created by the appointment. Such statements often relate to the way in which the Director intends to administer a staff rule and thus clarify and amplify it. "But just as a staff rule must not conflict with the staff regulation under which it is made, so a statement of practice must not conflict with the rule which it is elaborating."

    Keywords:

    binding character; enforcement; executive head; practice; precedence of rules; provision; staff regulations and rules;



  • Judgment 431


    45th Session, 1980
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant relies on a practice whereby inspectors who have given satisfactory service for two years would normally have their appointments renewed for five-year periods. "That is only a general practice [...] not a binding rule. In other words, it neither laid any obligation on the Director-General in this case nor conferred any right on the complainant."

    Keywords:

    amendment to the rules; binding character; contract; duration of appointment; extension of contract; five-year review; fixed-term; practice;



  • Judgment 421


    45th Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    the director can put himself under an obligation to exercise his authority in a particular way: by the establishment of a practice on which the staff come to rely; or by an announcement by administrative circular or otherwise that in the exercise of power the director proposes to follow a specified procedure. if the director promises expressly or implicitly not to exercise his authority except in a particular way, he can bind himself, at least temporarily, not to act except in that way. the tribunal has no jurisdiction to enforce such a promise unless it is one which is intended to have a contractual effect as between the organisation and the officials.

    Keywords:

    binding character; competence of tribunal; effect; executive head; practice; promise;



  • Judgment 403


    43rd Session, 1980
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "What is not described in the regulations are the facilities which, because of the administration's interest in the efficient working of the staff association, it is now customary for the administration to guarantee or provide. The most important of these is permission for the chairman and other officers of the association to take 'time off' within reasonable limits for the association's work." There are others: the provision of office space, the collection of subscriptions to the association (by deduction with the member's consent of dues from pay).

    Keywords:

    facilities; freedom of association; no provision; practice; staff union; time off;



  • Judgment 380


    42nd Session, 1979
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 27

    Extract:

    The question is whether the duty of consultation for which provision is made in the statutory texts had been modified by the practice of the preceding ten years or more and expanded to embrace negotiation. "If negotiation is different from consultation, it is difficult to see how the change could be made otherwise than by an amendment made in accordance with the Staff Regulations."

    Keywords:

    collective bargaining; consultation; no provision; organisation's duties; practice;



  • Judgment 349


    40th Session, 1978
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 34

    Extract:

    "The organisation asks the Tribunal to order the complainant and the interveners to pay an equitable contribution towards the lawyers' fees incurred by the organisation. It is true that the organisation has succeeded against the interveners and on some of the claims made by the complainant. But it has never been the practice of the Tribunal to order the complainant to pay the whole or any part of an organisation's costs even when the claim has entirely failed."

    Keywords:

    counsel; no award of costs; organisation; practice; refund; tribunal;



  • Judgment 323


    39th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    "Many of the obligations put upon the organization by the [Staff] Regulations are in general terms, leaving the organization free to choose its own method of discharging them. [...] Once it is settled, [the method] becomes, until it is altered, part of the obligation. [...] Until [a] change is made, an official is entitled to have the obligation discharged in the manner selected by the organization itself [...]."

    Keywords:

    amendment to the rules; discretion; enforcement; organisation's duties; practice; staff regulations and rules;

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