TERMS OF APPOINTMENT
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Keywords: TERMS OF APPOINTMENT
Total judgments found: 1,647
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Judgment 923
65th session, 1988
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 12
Extract:
"IN CASE OF DOUBT IT IS FOR THE STAFF MEMBER TO SHOW EXACTLY WHAT THE TREATMENT WAS IF HE IS CONTENDING THAT THE MAXIMUM LIMIT DOES NOT APPLY."
Keywords:
burden of proof; disclosure of evidence; evidence; insurance benefit; maximum limit; request;
Judgment 922
65th session, 1988
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
IN JUDGMENT 868 THE TRIBUNAL QUASHED THE DECISION TO DISMISS THE COMPLAINANT ON THE GROUNDS OF UNSATISFACTORY PERFORMANCE AND REFERRED THE CASE BACK TO THE UNION. THE ORGANISATION HAVING MERELY CONFIRMED ITS EARLIER DECISION WITHOUT FURTHER INQUIRY, THE NEW DECISION IS SET ASIDE AND "THE UNION SHALL PAY THE COMPLAINANT DAMAGES EQUIVALENT TO THE SUMS HE WOULD HAVE BEEN PAID HAD HE REMAINED ON THE STAFF FROM THE DATE OF HIS DISMISSAL UP TO THE DATE OF THIS JUDGMENT."
Reference(s)
ILOAT Judgment(s): 868
Keywords:
amount; complaint allowed; confirmatory decision; damages; decision quashed; termination; unsatisfactory service;
Judgment 920
65th session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 5
Extract:
"IT IS CLEAR FORM THE EVIDENCE BEFORE THE TRIBUNAL THAT THE COMPLAINANT'S OBJECTIONS TO THE REPORT ARE UNFOUNDED. HE KNEW ALREADY, BECAUSE [HIS SUPERVISOR] HAD OFTEN TOLD HIM, THAT HIS PERFORMANCE WAS CONSIDERED POOR. THE PERIOD COVERED BY THE REPORT WAS NOT TOO SHORT BECAUSE THE MINIMUM PERIOD A REPORT MAY COVER IS THREE MONTHS."
Keywords:
performance report; period; rating; rebuttal; unsatisfactory service;
Judgment 919
65th session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 5
Extract:
THE COMPLAINANT'S "OBJECTIONS TO THE RECKONING OF HIS OUTPUT ARE UNSOUND. NOT ONLY IS A SEARCH EXAMINER REQUIRED TO PRODUCE A STEADY OUTPUT OF WORK, BUT THE OUTPUT EXPECTED OF HIM WAS RECKONED ACCORDING TO THE PERIOD COVERED BY THE REPORT. THERE IS THEREFORE NO REASON WHY THE REPORT PERIOD SHOULD NOT BE FIVE MONTHS, EVEN IF THE MORE USUAL PERIOD IS A YEAR."
Keywords:
output; performance report; period; rebuttal; work appraisal;
Judgment 918
65th session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
THE COMPLAINANT ARGUES THAT HIS RESIGNATION WAS MERELY RECEIVED, NOT ACCEPTED BY THE ORGANISATION. THE TRIBUNAL OBSERVES THAT THE TERMS OF THE RECIPIENT'S WRITTEN RESPONSE LEAVE NO ROOM FOR DOUBT: THE RESIGNATION WAS WELL AND TRULY ACCEPTED BY THE ORGANISATION.
Keywords:
acceptance; complainant; offer; organisation; resignation;
Judgment 916
65th session, 1988
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 2
Extract:
"IN THE CASE OF DISMISSAL OF A PROBATIONER THE ADMINISTRATION SHOULD BE ALLOWED THE WIDEST MEASURE OF DISCRETION AND THE DECISION WILL BE QUASHED ONLY IF THE MISTAKE OR ILLEGALITY WAS ESPECIALLY SERIOUS OR GLARING."
Keywords:
discretion; judicial review; probation; termination;
Judgment 911
64th session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 8
Extract:
"ACCORDING TO PRECEDENT A STAFF ASSOCIATION ENJOYS SPECIAL RIGHTS THAT INCLUDE BROAD FREEDOM OF SPEECH AND THE RIGHT TO TAKE TO TASK THE ADMINISTRATION OF THE ORGANISATION WHOSE EMPLOYEES IT REPRESENTS. LIKE ANY OTHER FREEDOM, HOWEVER, FREEDOM OF SPEECH HAS ITS BOUNDS. A STAFF ASSOCIATION MAY NOT RESORT IN PUBLIC TO ACTION THAT IMPAIRS THE DIGNITY OF THE INTERNATIONAL CIVIL SERVICE, SAVE THAT THE DEGREE OF DISCRETION REQUIRED OF IT IS NOT AS GREAT AS IS EXPECTED OF AN INDIVIDUAL STAFF MEMBER: BOTH LAW AND PRACTICE ALLOW IT WIDER FREEDOM OF SPEECH AND ONLY GROSS ABUSE WILL BE INADMISSIBLE."
Keywords:
collective rights; duty of discretion; freedom of association; freedom of speech; limits; staff member's duties;
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; duty to inform; local status; non-local status; organisation's duties; practice; terms of appointment;
Judgment 909
64th session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
AFTER USING UP HIS ENTITLEMENT TO SICK LEAVE ON FULL PAY, THE COMPLAINANT WAS PUT ON HALF-PAY. HAVING LATER FAILED TO RETURN TO WORK AFTER BEING DECLARED FIT, HE WAS PUT ON UNPAID LEAVE. THIS DECISION IS FOUND BY THE TRIBUNAL TO BE IN KEEPING WITH THE PROVISIONS OF THE STAFF REGULATIONS ON SPECIAL LEAVE.
Keywords:
medical fitness; sick leave; special leave; unpaid leave;
Judgment 908
64th session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Extract:
THE RULE ON PROMOTION IN THE EPO IS NOT TO TAKE ACCOUNT OF PROFESSIONAL EXPERIENCE GAINED BEFORE THE AGE OF 25. THE COMPLAINANT CONTENDS THAT NEW GUIDELINES CALLING FOR "MINIMUM AGE REQUIREMENTS" SUPERSEDED THE RULE. HAVING CONSIDERED THE NEW GUIDELINES, THE TRIBUNAL FINDS THAT THE 25-YEAR RULE HAS NOT BEEN CHANGED SINCE THE MINIMUM AGE REQUIREMENT HAS EXACTLY THE SAME EFFECT.
Keywords:
age limit; professional experience; promotion; reckoning; seniority;
Judgment 907
64th session, 1988
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 9
Extract:
THE COMPLAINANT "IS NOT ENTITLED TO DAMAGES FOR HIS WIFE'S LOSS OF SALARY AND PENSION RIGHTS. EVEN IF PROVEN THE INJURY WOULD NOT BE DIRECTLY ATTRIBUTABLE TO THE UNLAWFUL DECISIONS."
Keywords:
compensation; consequence; damages; decision; injury; termination;
CONSIDERATION 4
Extract:
"IN JUDGMENT 807 THE TRIBUNAL REMANDED THE CASE FOR A NEW DECISION. IT GAVE DUE INSTRUCTIONS, OBSERVING THAT THE COMPLAINANT HAD NOT HAD THE OPPORTUNITY OF ANSWERING THE ALLEGATIONS ABOUT HIS WORK AND THE DISRUPTION OF HIS SECTION; IT SAID THAT THE ORGANISATION MIGHT RESUME THE DISMISSAL PROCEDURE ON SOME OTHER GROUNDS PROVIDED FOR UNDER THE STAFF REGULATIONS. THERE WERE, QUITE PLAINLY, SUPPOSED TO BE ADVERSARIAL PROCEEDINGS BEFORE THE NEW DECISION WAS TAKEN."
Reference(s)
ILOAT Judgment(s): 807
Keywords:
adversarial proceedings; case sent back to organisation; consequence; decision quashed; flaw; organisation's duties; right to reply; termination;
CONSIDERATION 7
Extract:
"SINCE HE HAS TWICE HAD HIS DISMISSAL SET ASIDE [THE GATT] SHOULD REINSTATE HIM IN A POST EQUIVALENT TO THE ONE HE HELD. IF IT DOES IT SHALL PAY HIM FOR THE PERIOD FROM THE DATE OF HIS DEPARTURE UP TO THE DATE OF HIS REINSTATEMENT, THE AMOUNT TO BE REDUCED BY THE SUMS IT HAS ALREADY PAID HIM AND ANY EARNINGS HE MAY HAVE BEEN PAID DURING THE PERIOD. HIS PENSION RIGHTS SHALL BE FULLY RESTORED."
Keywords:
amount; complaint allowed; consequence; contract; damages; decision quashed; permanent; reinstatement; termination;
CONSIDERATION 4
Extract:
THE COMPLAINANT WAS DISMISSED A FIRST TIME ON THE GROUNDS OF ABOLITION OF POST. THAT DECISION HAVING BEEN QUASHED BY THE TRIBUNAL, HE WAS DISMISSED A SECOND TIME ON THE GROUNDS OF UNSATISFACTORY SERVICE. THE ORGANISATION SUBMITS THAT AS THE COMPLAINANT PRESSED HIS SUIT, IT HAD NO OTHER CHOICE. "BUT ALLOWING SUCH A PLEA WOULD BE TANTAMOUNT TO GAINSAYING THE STAFF MEMBER'S RIGHT TO TAKE EXCEPTION IN SOME INSTANCES TO THE ORGANISATION'S DECISION: THERE IS NO MISCONDUCT IN EXERCISING THE RIGHT OF APPEAL AND ASKING THAT THE DECISION BE LAWFUL."
Keywords:
right of appeal; termination; unsatisfactory service;
Judgment 905
64th session, 1988
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
THE COMPLAINANT SEEKS PAYMENT FOR HOME LEAVE TAKEN ONE MONTH BEFORE THE TERMINATION OF HIS APPOINTMENT. THAT LEAVE HAD BEEN GRANTED IN WRITING BY THE SECRETARY-GENERAL. THE COMPLAINANT ACQUIRED RIGHTS THROUGH THE SECRETARY-GENERAL'S TAKING OF AN EXPLICIT DECISION IN HIS FAVOUR.
Reference(s)
Organization rules reference: ARTICLES 3.2.1 AND 5.3 OF THE CIPEC STAFF REGULATIONS
Keywords:
date; home leave; refund; right; separation from service; travel expenses;
SUMMARY
Extract:
A COST-OF-LIVING ADJUSTMENT IS PROVIDED FOR IN THE STAFF REGULATIONS. NO FINAL DECISION WAS TAKEN ON THE MATTER. THE COMPLAINANT IS ENTITLED TO THE ADJUSTMENT.
Reference(s)
Organization rules reference: ARTICLES 3.2.1 AND 5.3 OF THE CIPEC STAFF REGULATIONS
Keywords:
adjustment; complaint allowed; cost-of-living increase; enforcement; staff regulations and rules;
Judgment 904
64th session, 1988
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 3
Extract:
"WHEN THE COMPLAINANT WAS APPOINTED HE WAS LIVING IN ENGLAND AND WAS PAID REMOVAL EXPENSES AS HEAD OF FAMILY BECAUSE AT THE TIME HE HAD A DEPENDENT DAUGHTER. [...] SINCE THE COMPLAINANT NO LONGER HAS ANY DEPENDANTS AND IS DIVORCED ...HE IS ENTITLED TO THE COST OF REMOVING ONLY 40 CUBIC METERS OF PERSONAL EFFECTS".
Keywords:
dependant; removal expenses; separation from service;
CONSIDERATION 4
Extract:
"THERE IS NO EVIDENCE SUBMITTED BY THE COMPLAINANT TO SUGGEST THAT THE AMOUNT PROVIDED FOR TRAVEL EXPENSES WAS INADEQUATE. THE CLAIM THEREFORE FAILS."
Keywords:
amount; burden of proof; evidence; travel expenses;
Extract:
ACCORDING TO THE CIPEC STAFF REGULATIONS, A REINSTALLATION ALLOWANCE IS PAYABLE IN AN AMOUNT EQUIVALENT TO A CERTAIN NUMBER OF WEEKS' REMUNERATION. THE COMPLAINANT SERVED ON A PART-TIME BASIS. THE TRIBUNAL HOLDS THAT IT WAS PROPER FOR THIS TO ENTER INTO THE RECKONING OF THE ALLOWANCE.
Keywords:
part-time employment; reckoning; repatriation allowance;
Extract:
ANNUAL LEAVE IS PROPORTIONAL TO THE AMOUNT OF SERVICE. THE COMPLAINANT SERVED ON A PART-TIME BASIS. THE TRIBUNAL HOLDS THAT IT WAS PROPER FOR THIS TO ENTER INTO THE RECKONING OF ACCRUED LEAVE.
Keywords:
annual leave; commutation of accrued leave; part-time employment; reckoning;
Judgment 903
64th session, 1988
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 7
Extract:
"SINCE THE COMPLAINANT WAS INFORMED OF THE DECISION MORE THAN NINETY DAYS BEFORE FILING, HIS COMPLAINT WAS NOT LODGED WITHIN THE TIME LIMIT IN ARTICLE VII[2] OF THE STATUTE AND IS NOT RECEIVABLE."
Reference(s)
ILOAT reference: ARTICLE VII PARAGRAPH 2 OF THE ILOAT STATUTE
Keywords:
abolition of post; complaint; date of notification; decision; receivability; termination; time bar;
Judgment 902
64th session, 1988
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 25
Extract:
THE PERMANENT COMMISSION OF THE ORGANISATION TOOK A DECISION BRINGING IN A 5 PER CENT DIFFERENTIAL BETWEEN PENSIONS IN EUROCONTROL AND PENSIONS IN THE EUROPEAN COMMUNITY. "SINCE THE COMMISSION IS NOT THE APPOINTING AUTHORITY ITS DECISIONS ARE NOT SUBJECT TO APPEAL".
Keywords:
competence of tribunal; complaint; condition; decision; decision-maker; legislative body; pension; pension entitlements; receivability; reduction;
Judgment 901
64th session, 1988
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 2
Extract:
"EVEN WHERE TERMINATION BEFORE EXPIRY IS DUE TO THE NECESSITIES OF THE SERVICE THERE MUST BE EXPLANATION AND JUSTIFICATION OF THE DECISION BECAUSE IT AMOUNTS TO UNILATERAL BREACH OF THE CONTRACT. THE DIRECTOR-GENERAL DOES NOT THEN HAVE THE DISCRETIONARY AUTHORITY HE MAY EXERCISE ON EXPIRY AND, FOR ONE THING, THE TRIBUNAL WILL CONSIDER WHETHER THE DECISION SERVES THE ORGANISATION'S INTERESTS, AS IT SHOULD."
Keywords:
contract; discretion; duty to substantiate decision; fixed-term; judicial review; organisation's interest; termination;
CONSIDERATION 7
Extract:
THE COMPLAINANT WAS ON MISSION WHEN HE WAS TERMINATED AS PERSONA NON GRATA. "THERE WAS NO OBJECTIVE REPORT ON THIS CASE. [...] ALL THIS MAKES IT PLAIN THAT SUMMARY TERMINATION UNDER 11.4 [OF THE STAFF REGULATIONS] WAS IN BREACH OF THE COMPLAINANT'S RIGHT OF REPLY AND CANNOT STAND."
Reference(s)
Organization rules reference: ARTICLE 11.4 OF THE ILO STAFF REGULATIONS
Keywords:
complaint allowed; contract; field; fixed-term; flaw; persona non grata; procedural flaw; project personnel; right to reply; termination;
CONSIDERATION 7
Extract:
"WHEN AN INTERNATIONAL OFFICIAL ON MISSION SHOWS PROFESSIONAL SHORTCOMINGS OR FAILS IN HIS DUTY OF 'RESERVE' THE GOVERNMENT MAY OF COURSE ASK THE ORGANISATION TO WITHDRAW HIM. BUT TERMINATION IS NOT THE INEVITABLE OUTCOME. FOR ONE THING, SO LONG AS THE CONTRACT IS IN FORCE THE DIRECTOR-GENERAL DOES NOT HAVE DISCRETIONARY AUTHORITY; FOR ANOTHER, HE MAY DISCUSS THE MATTER WITH THE GOVERNMENT [...] IN ANY CASE EVEN WHEN THE ORGANISATION ACQUIESCES IT NEED NOT TERMINATE THE APPOINTMENT ON THAT ACCOUNT."
Keywords:
consequence; discretion; duty of discretion; field; misconduct; organisation's duties; persona non grata; project personnel; termination;
Judgment 900
64th session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 7
Extract:
THE COMPLAINANT WAS EMPLOYED BY THE CREDIT UNION AND BECAME A STAFF MEMBER OF THE FAO AFTER THE UNION BECAME A PART OF THAT ORGANIZATION. HE SEEKS TO HAVE HIS PRIOR SERVICE WITH THE CREDIT UNION VALIDATED UNDER THE PENSION FUND. THE TRIBUNAL HOLDS THAT IN THE CIRCUMSTANCES OF THE CASE "HIS PRIOR SERVICE WITH THE UNION WOULD NOT COUNT EXCEPT FOR WITHIN-GRADE INCREMENTS. THE UNION WAS NOT A MEMBER OF THE UNITED NATIONS JOINT STAFF PENSION FUND AND HE HAD NO ENTITLEMENT TO REVALIDATION OF HIS PAST SERVICE WITH THE UNION."
Keywords:
fund membership; pension; status of complainant; unjspf; validation of service;
Judgment 899
64th session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 16
Extract:
IN REGARD TO THE DUTCH LEVY ISSUE, "SINCE NO REASONS WERE GIVEN FOR THE IMPUGNED DECISIONS THERE WAS BREACH OF ARTICLE 106(1) OF THE SERVICE REGULATIONS WHICH REQUIRES THAT THE DECISION 'STATE THE GROUNDS ON WHICH IT WAS BASED'."
Reference(s)
Organization rules reference: ARTICLE 106 PARAGRAPH 1 OF THE EPO SERVICE REGULATIONS
Keywords:
decision; deduction; duty to substantiate decision; grounds; reduction; salary;
CONSIDERATION 19
Extract:
"THE EPO'S REPLIES TO THE COMPLAINTS ARE PERFUNCTORY. [THE ORGANISATION] MERELY CITES THE POLICY OF ONE OF THE SEVEN CHOSEN COUNTRIES AND THE COUNCIL'S POSTURE WITHOUT ACTUALLY ADDRESSING THE OBJECTIVE CRITERIA APPLIED IN RECKONING PAY AND WORKING OUT THE SCALE.* NOT BY SUBMISSIONS OF THAT KIND MAY IT AVOID COMPLIANCE WITH THE RULES IN DEALINGS WITH STAFF. IT IS PREVENTING THE TRIBUNAL FROM DETERMINING THE AMBIT OF THE DISPUTE AND EXERCISING ITS POWER OF REVIEW."
*THE MATERIAL ISSUE IS THE IMPACT ON EPO SALARIES OF A DEDUCTION LEVIED ON SALARIES IN THE DUTCH CIVIL SERVICE.
Keywords:
deduction; general decision; organisation's duties; reduction; salary;
Judgment 897
64th session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Extract:
FOLLOWING A PROMOTION, THE COMPLAINANT WAS NO LONGER ENTITLED TO A LANGUAGE ALLOWANCE. IN ITS PLACE SHE WAS AWARDED A COMPENSATORY PAYMENT AFTER AN EIGHTEEN MONTH DELAY. SHE REGARDS THE LANGUAGE ALLOWANCE AS PART OF HER SALARY AND SEEKS THE GRANT OF A FURTHER STEP. AS IN JUDGMENT 737 THE TRIBUNAL DISMISSES HER CLAIMS BUT AWARDS HER COSTS BECAUSE OF THE DELAY IN PAYMENT OF COMPENSATION TO WHICH SHE WAS ENTITLED.
Reference(s)
ILOAT Judgment(s): 737
Keywords:
administrative delay; compensatory allowance; compensatory measure; consequence; costs; discontinuance; language allowance; payment; promotion; reduction; salary;
Judgment 896
64th session, 1988
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 8
Extract:
"WHEN HIS POST IS ABOLISHED SOMEONE WITH A FIXED-TERM APPOINTMENT IS ORDINARILY ENTITLED TO FAIR COMPENSATION OR OTHER REDRESS. THE AMOUNT AND THE MANNER OF DETERMINING IT WILL DEPEND ON THE PARTICULAR CIRCUMSTANCES OF THE ORGANISATION AND AN ASSESSMENT OF THE STAFF MEMBER'S OWN SITUATION, AND SENIORITY, RECORD OF SERVICE AND THE TERMS OF HIS APPOINTMENT. THE DECISION MUST NOT BE DISCRIMINATORY OR TAINTED WITH ANY OTHER FLAW."
Keywords:
abolition of post; amount; compensation; contract; elements; fixed-term; organisation's duties; terminal entitlements; termination;
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