TERMS OF APPOINTMENT
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Keywords: TERMS OF APPOINTMENT
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Judgment 483
48th session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATIONS 3 (A), (B) AND (C)
Extract:
VIDE JUDGMENT 485, CONSIDERATION 2 (A), (B) AND (C).
Reference(s)
ILOAT Judgment(s): 485
Keywords:
appointment; equal treatment; non-local status; terms of appointment;
CONSIDERATION 2 (B)
Extract:
SEE JUDGMENT 485, CONSIDERATION 1 (B).
Reference(s)
ILOAT Judgment(s): 485
Keywords:
appointment; discretion; limits; refund; travel expenses;
CONSIDERATION (A)
Extract:
VIDE JUDGMENT 485, CONSIDERATION 1 (A).
Reference(s)
ILOAT Judgment(s): 485
Keywords:
enforcement; local status; non-local status; provision; residence; staff regulations and rules;
CONSIDERATION 2 (B)
Extract:
VIDE JUDGMENT 485, CONSIDERATION 1 (B).
Reference(s)
ILOAT Judgment(s): 485
Keywords:
appointment; competition; refund; terms of appointment; travel expenses;
CONSIDERATION 3
Extract:
VIDE JUDGMENT 485, CONSIDERATION 2.
Reference(s)
ILOAT Judgment(s): 485
Keywords:
equal treatment; general principle; terms of appointment;
Judgment 481
48th session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 1
Extract:
UNDER THE STAFF RULES, ANY UNAUTHORISED AND UNJUSTIFIED ABSENCE FROM DUTY SHALL BE CHARGED TO SPECIAL LEAVE WITHOUT PAY. "IT IS FOR THE ADMINISTRATION TO DETERMINE WHETHER OR NOT AN OFFICIAL NEEDS PERMISSION TO BE ABSENT FROM DUTY AND WHETHER TO AUTHORISE PARTICIPATION IN A STAFF DEMONSTRATION DURING WORKING HOURS." BY WARNING THE ASSOCIATION THAT PARTICIPATION IN THE DEMONSTRATION SET FOR THE NEXT DAY [TO SECURE RECOGNITION OF THE ASSOCIATION] WOULD BE TREATED AS UNAUTHORISED AND UNJUSTIFIED, THE DIRECTOR-GENERAL KEPT WITHIN THE BOUNDS OF HIS AUTHORITY.
Keywords:
discretion; enforcement; provision; special leave; staff regulations and rules; staff union; staff union activity; time off; unauthorised absence; unpaid leave;
CONSIDERATION 2
Extract:
"THE COMPLAINANT ARGUES THAT THE DIRECTOR OF HER DIVISION WAS NOT COMPETENT TO ORDER THE DEDUCTION FROM HER SALARY, SINCE SUCH A DECISION FALLS TO THE DIRECTOR-GENERAL [...] SHE FAILS, HOWEVER, TO PROVE ANY SUCH ABUSE OF AUTHORITY. MOREOVER, THE DIRECTOR OF HER DIVISION MERELY CARRIED OUT THE INSTRUCTIONS GIVEN [...] BY THE ASSISTANT DIRECTOR-GENERAL."
Keywords:
competence; decision-maker; deduction; salary; unauthorised absence;
CONSIDERATION 3
Extract:
IT APPEARS FROM THE APPLICABLE PROVISIONS THAT "THE MONTHLY SALARY IS 1/12 OF THE YEARLY SALARY, AND THE DAILY SALARY 1/360 OF THE YEARLY AND 1/30 OF THE MONTHLY SALARY. THE COMPLAINANT WAS ON UNAUTHORISED LEAVE FOR TWO HOURS, I.E. FOR ONE QUARTER OF A NORMAL WORKING DAY. IT WAS THEREFORE RIGHT TO DEDUCT A SUM CORRESPONDING TO 1/120 OF HER MONTHLY SALARY."
Keywords:
amount; deduction; entitlement for service rendered; proportionality; salary; unauthorised absence;
Judgment 480
47th session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 3
Extract:
"AS THE TRIBUNAL HAS SAID [...] IN JUDGMENT NO. 431, THE COMPENSATION GENERALLY AWARDED [UPON NON-RENEWAL OF CONTRACT] IS LESS THAN THE REMUNERATION WHICH THE COMPLAINANT WOULD HAVE RECEIVED HAD HE BEEN REINSTATED. THIS IS BECAUSE HE IS NOT NECESSARILY DEPRIVED OF ALL MEANS OF LIVELIHOOD."
Reference(s)
ILOAT Judgment(s): 427, 431
Keywords:
amount; application for execution; contract; damages; fixed-term; non-renewal; reckoning; salary;
CONSIDERATION 2
Extract:
"THE COMPLAINANT HAS NOT PROVIDED ANY SATISFACTORY EVIDENCE THAT HIS SALARY WOULD HAVE INCREASED IF HE HAD REMAINED IN THE ORGANIZATION. IT WOULD NO LONGER HAVE INCREASED BY ANNUAL INCREMENTS, SINCE HE HAD ALREADY REACHED THE TOP LEVEL OF HIS GRADE. HIS EMOLUMENTS WERE EXPRESSED IN UNITED STATES DOLLARS AND THERE IS NO EVIDENCE OF POSSIBLE ADJUSTMENTS FOR COST OF LIVING." NO SUCH AMOUNTS WILL THEREFORE BE INCLUDED IN THE RECKONING OF COMPENSATION.
Reference(s)
ILOAT Judgment(s): 427
Keywords:
adjustment; amount; cost-of-living increase; damages; lack of evidence; reckoning; salary;
Judgment 479
47th session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 8
Extract:
THE COMPLAINANT DRAWS AN INVALIDITY PENSION FOR AN ILLNESS CONTRACTED WHEN ON A MISSION AS A CONSULTANT. THE RULES PROVIDE FOR A BIGGER PENSION IF A DEPENDANT'S ALLOWANCE HAD BEEN PAYABLE. "A DEPENDANT'S ALLOWANCE WOULD NOT HAVE BEEN PAYABLE TO THE COMPLAINANT. HIS CONTRACT DID NOT PROVIDE FOR ONE IN ADDITION TO HIS SALARY OR FEE. [A] STAFF RULE [...] EXCLUDES FROM THE STAFF MEMBERS ENTITLED TO A DEPENDANT'S ALLOWANCE SHORT-TERM STAFF AND CONSULTANTS." THE CLAIM FOR AN INCREASE WAS RIGHTLY REJECTED.
Keywords:
allowance; contract; dependant; disability benefit; external collaborator; illness; service-incurred; short-term;
CONSIDERATION 13
Extract:
UNDER THE RULES REASONABLE MEDICAL EXPENSES SHOULD BE REIMBURSED. THE COMPLAINANT ASKS THE TRIBUNAL TO DECLARE THAT HE IS ENTITLED TO REIMBURSEMENT OF EXPENSES AS LONG AS HIS CONDITION REQUIRES. NO FORMAL DECLARATION IS REQUIRED. "IF THE COMPLAINANT PRESENTS HIS CLAIMS AS THEY ARISE AND THEY ARE WITHIN THE RULE, THERE IS NO REASON TO SUPPOSE THAT THEY WILL NOT BE MET."
Keywords:
insurance benefit; invalidity; period;
CONSIDERATION 7
Extract:
WHILE THE COMPLAINANT'S DEGREE OF INVALIDITY WAS ASSESSED BY DOCTORS AT 80 PER CENT, HE IN FACT SUFFERED THE TOTAL LOSS OF HIS EARNING CAPACITY. "IT IS FOR THE DIRECTOR-GENERAL [...] AS PROVIDED [UNDER THE RULES] TO ASSESS THE DEGREE [OF INVALIDITY] ON THE BASIS OF THE MEDICAL EVIDENCE AND AS APPLIED TO THE COMPLAINANT'S NORMAL OCCUPATION. THE TRIBUNAL CONSIDERS THAT THE ONLY CONCLUSION ON THE FACTS OF THIS CASE IS THAT THE COMPLAINANT WAS TOTALLY UNABLE TO CARRY ON HIS NORMAL OCCUPATION OR ANY EQUIVALENT OCCUPATION. ACCORDINGLY THE DEGREE OF INCAPACITY SHOULD BE ASSESSED AT 100 PER CENT."
Keywords:
discretion; executive head; incapacity; invalidity; medical records; rate;
CONSIDERATION 4
Extract:
"THE FUNDAMENTAL PRINCIPLE OF THE SCHEME [...] IS THAT IT IS NOT A CONTRACT OF INDEMNITY BUT A CONTRACT TO PAY A FIXED OR CALCULATED SUM IN CERTAIN CONTINGENCIES. THIS PRINCIPLE IS NOT AFFECTED BY THE ADAPTATION OF THE SCHEME TO SHORT-TERM OR TEMPORARY EMPLOYMENT NOR BY THE FACT THAT IN THE LATTER CASE THE EARNINGS ARE NOT ACTUAL BUT ASSUMED FROM AN ACTUAL AMOUNT"
Keywords:
amount; incapacity; insurance benefit; invalidity;
CONSIDERATION 10
Extract:
"BY THE INCLUSION OF THE WORD 'FUNCTION' [CF. 'ORGANE' IN THE FRENCH VERSION.] IN THE [MATERIAL PROVISION] IT IS OBVIOUSLY INTENDED THAT THE LOSS OF THE USE OF A LIMB OR MEMBER SHALL BE TREATED IN THE SAME WAY AS THE ACTUAL LOSS. WHETHER IT MEANS MORE THAN THIS IS OPEN TO QUESTION. UNLESS IT DOES, IT WILL NOT APPLY TO PERSONS LIKE THE COMPLAINANT WHO ARE INCAPACITATED BY DISEASE." THE ORGANIZATION CHOSE TO APPLY ANOTHER PROVISION BY ANALOGY.
Keywords:
illness; incapacity; interpretation; invalidity; provision; service-incurred; staff regulations and rules;
SUMMARY
Extract:
THE COMPLAINANT BECAME DISABLED FOLLOWING A DISEASE CONTRACTED DURING A ONE-MONTH MISSION. THE COMPLAINANT RECEIVES AN INVALIDITY PENSION. HIS INCAPACITY WAS ASSESSED BY THE TRIBUNAL AT 100 PER CENT. THE AMOUNT OF THE PENSION MUST BE REDETERMINED. THE DEDUCTIONS MADE OF A UNIVERSITY RETIREMENT PENSION WERE UNWARRANTED THEY MUST BE REIMBURSED, WITH THE AMOUNTS BEING INDEXED AGAINST INFLATION AND WITH INTEREST [2 PER CENT]; COSTS.
Keywords:
amount; complaint allowed; disability benefit; illness; incapacity; invalidity; rate; reckoning; refund; service-incurred;
Judgment 477
47th session, 1982
Central Office for International Railway Transport
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 6
Extract:
THE COMPLAINANT IS MISTAKEN IN RELYING ON THE DEFINITION OF RESIDENCE CONTAINED IN NATIONAL LEGISLATION. "THE STAFF REGULATIONS SHOULD BE INTERPRETED IN THEMSELVES, WITH DUE REGARD TO THEIR PURPOSE AND INDEPENDENTLY OF NATIONAL LEGISLATION.
Keywords:
applicable law; definition; domestic law; residence; staff regulations and rules;
Judgment 476
47th session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 3
Extract:
THE COMPLAINANT'S "GRIEVANCE, THOUGH JUSTIFIED, IS WITHOUT EFFECT. THE TRIBUNAL CANNOT BUT DEPLORE ANY UNDUE PROTRACTION OF THE APPEAL PROCEEDINGS, WHICH IS TO THE PREJUDICE OF THE ORGANIZATION AS WELL AS OF THE COMPLAINANT. BUT IT CANNOT CRITICISE THE ACTUAL TRANSFER WITHOUT DUE REGARD TO THE LAWFULNESS OF THE DECISION. BESIDES, THE COMPLAINANT'S PLEA CARRIES THE LESS WEIGHT IN THAT HE HIMSELF WAS PARTLY TO BLAME FOR THE DELAY."
Keywords:
administrative delay; cause; complainant; delay; transfer;
CONSIDERATION 11
Extract:
"IT IS NOT ESTABLISHED THAT THE COMPLAINANT'S SUPERVISORS [IN DECIDING IN FAVOUR OF THE TRANSFER] COMMITTED ANY ABUSE OF AUTHORITY, I.E. THAT THEY ACTED ON CONSIDERATIONS EXTRANEOUS TO THE ORGANIZATION'S INTERESTS."
Keywords:
lack of evidence; misuse of authority; transfer;
CONSIDERATION 10
Extract:
"IN VIEW OF [THE COMPLAINANT'S] SUPERVISORS' CATEGORICAL AND UNANIMOUS OPINION [...] THE DIRECTOR-GENERAL DID NOT EXCEED THE LIMITS OF HIS DISCRETION IN CONCLUDING THAT THE TRANSFER WAS IN THE [ORGANISATION'S] INTERESTS AND THEREFORE IN ACCORDANCE WITH [THE APPLICABLE] PROVISION [...] THE CONCLUSIONS HE DREW FROM THE EVIDENCE MAY HAVE BEEN ARGUABLE, BUT THEY WERE NOT CLEARLY MISTAKEN".
Keywords:
advisory opinion; discretion; organisation's interest; supervisor; transfer;
CONSIDERATION 12
Extract:
"IT IS TRUE THAT THE TRANSFER MUST HAVE AROUSED DOUBTS ABOUT [THE COMPLAINANT'S] ABILITIES IN THE MINDS OF THOSE WHO HAD DEALINGS WITH HIM. BUT THAT WAS BECAUSE OF THE NATURE OF THE DECISION, NOT BECAUSE OF THE BEHAVIOUR OF [THE ORGANIZATION'S] OFFICIALS. HIS SUPERVISORS COULD NOT HAVE AVOIDED MAKING HIS TRANSFER PUBLIC. BUT THE WORDS THEY USED DO NOT SEEM TO BE OPEN TO SERIOUS CRITICISM. IN PARTICULAR ONE OFFICIAL, WHILE EXPRESSING THE HOPE THAT THE CHANGE WOULD SERVE THE [ORGANIZATION'S] INTERESTS, DESCRIBED THE WORK DONE BY THE COMPLAINANT AS EXCELLENT." NO COMPENSATION.
Keywords:
lack of injury; professional injury; transfer;
Judgment 475
47th session, 1982
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 9
Extract:
THE COMPLAINANT LEFT WITHOUT HERSELF INFORMING THE CHIEF OF PERSONNEL THAT SHE WOULD BE ABSENT FOR AN INDEFINITE PERIOD. SHE COULD HAVE WRITTEN TO THE ORGANISATION. SHE PROTRACTED HER STAY WITHOUT BEING FORMALLY AUTHORISED TO DO SO. THE SECRETARY GENERAL WAS THEREFORE RIGHT TO TERMINATE THE CONTRACT, IN ACCORDANCE WITH THE APPLICABLE PROVISIONS. "CONSIDERING THE COMPLAINANT'S BEHAVIOUR [...] HE DID NOT EXCEED THE LIMITS OF HIS DISCRETION IN APPLYING THE MOST SEVERE SANCTION."
Keywords:
conduct; disciplinary measure; discretion; misconduct; termination; unauthorised absence;
Judgment 474
47th session, 1982
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 4
Extract:
THE DECISION NOT TO RENEW THE COMPLAINANT'S CONTRACT WAS NOT BASED ON ANY OBJECTIVE GROUNDS: HIS BEHAVIOUR AND WORK DID NOT PROMPT SUCH CRITICISM AS WOULD WARRANT THE [...] DECISION[;]THERE IS NO REASON TO SUPPOSE THAT THERE WERE ANY SHORTCOMINGS WHICH PRECLUDED EXTENDING HIS APPOINTMENT[;] THE [ORGANISATION] DOES NOT CONTEND THAT KEEPING THE COMPLAINANT ON ITS STAFF WOULD BE AGAINST ITS OWN INTERESTS. [AND IT DOES NOT CITE] THE NEED TO CARRY OUT STRUCTURAL REFORM OR MAKE SAVINGS. THE DIRECTOR-GENERAL [...] DREW A CLEARLY MISTAKEN CONCLUSION FROM THE FACTS".
Keywords:
fixed-term; grounds; mistaken conclusion; non-renewal;
CONSIDERATION 1
Extract:
THE STAFF RULES PRECLUDE APPEALS AGAINST NON-RENEWAL OF APPOINTMENT. THE MATERIAL PROVISION "DOES HAVE FORCE WITHIN THE ORGANISATION IN THAT IT PRECLUDE BRINGING CERTAIN APPEALS TO THE DIRECTOR-GENERAL [IT] IS NOT BINDING ON THE TRIBUNAL, WHOSE JURISDICTION HAS BEEN UNCONDITIONALLY RECOGNISED BY THE ORGANISATION AND WHICH WILL ITSELF DETERMINE WHETHER A COMPLAINT IS RECEIVABLE."
Keywords:
competence of tribunal; contract; fixed-term; iloat statute; internal appeal; non-renewal; provision; receivability; right of appeal;
CONSIDERATION 2
Extract:
"IN SO FAR AS THE DIRECTOR-GENERAL DECIDED NOT TO EXTEND THE COMPLAINANT'S APPOINTMENT BY ONE YEAR HE EXERCISED HIS DISCRETION. BUT THAT DOES NOT MEAN THAT HIS DECISION IS EXEMPT FROM REVIEW. THE TRIBUNAL HAS CONSISTENTLY HELD THAT SUCH A DECISION MAY BE QUASHED FOR BREACH OF A RULE OF FORM OR OF PROCEDURE, FOR A MISTAKE OF FACT OR OF LAW, FOR FAILURE TO TAKE ACCOUNT OF ESSENTIAL FACTS, FOR MISUSE OF AUTHORITY, OR IF CLEARLY MISTAKEN CONCLUSIONS WERE DRAWN FROM THE FACTS."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal;
CONSIDERATION 3
Extract:
THE DIRECTOR-GENERAL'S AUTHORITY IS NOT ABSOLUTE. THE DIRECTOR-GENERAL SEEMS TO REGARD HIMSELF AS ENTIRELY FREE TO MAKE WHAT DECISIONS HE WILL AND TO BELIEVE "THAT HE NEED NOT STATE THE GROUNDS FOR HIS DECISION EITHER TO THE STAFF MEMBER OR TO THE TRIBUNAL. THIS VIEW RESTS ON AN ERROR OF LAW [...] A DECISION [...] IS IN FACT SUBJECT TO REVIEW BY THE TRIBUNAL. ALTHOUGH THE TRIBUNAL HAS ONLY A LIMITED POWER OF REVIEW, IT WILL SO EXERCISE IT THAT THE DIRECTOR-GENERAL DOES NOT ENJOY THE UNFETTERED AUTHORITY HE ASSERTS. IN ASSUMING HIS DECISIONS TO BE UNCHALLENGEABLE THE DIRECTOR-GENERAL WENT BEYOND THE LIMITS OF HIS DISCRETIONARY AUTHORITY, AND THIS ERROR OF LAW ALONE AFFORDS GROUNDS FOR ALLOWING THE COMPLAINT, AT LEAST IN PRINCIPLE."
Keywords:
complaint allowed; contract; discretion; duty to substantiate decision; fixed-term; flaw; grounds; judicial review; mistake of law; non-renewal;
Judgment 473
47th session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATIONS 2 AND 3
Extract:
THE REQUEST TO REPAY PENSION CONTRIBUTIONS, MADE ON THE BASIS OF A NEW NATIONAL LAW, "RUNS COUNTER TO THE EXPRESS PROVISIONS OF THE STAFF REGULATIONS. TO QUALIFY UNDER THE PROVISIONS RELATING TO THE REPAYMENT OF CONTRIBUTIONS, THE TRANSFER MUST BE MADE WHEN THE OFFICIAL BECOMES ESTABLISHED". THE COMPLAINT IS TIME-BARRED. MUNICIPAL LAW "CANNOT IN ITSELF GIVE RISE TO RIGHTS ENFORCEABLE AGAINST AN INTERNATIONAL ORGANISATION NOR RETROACTIVELY LAY OBLIGATIONS ON IT."
Keywords:
applicable law; domestic law; pension; pension entitlements; request; staff regulations and rules; validation of service;
Judgment 472
47th session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 6
Extract:
"THE EPO CONTENDS THAT THE PURPOSE OF THE EDUCATION ALLOWANCE IS TO HELP IN ACQUIRING SKILLS REQUIRED FOR EMPLOYMENT, BUT NOT IN PROVIDING FURTHER TRAINING WITHIN A CHOSEN PROFESSION. IT ALSO RELIES ON THE CONSTRUCTION PUT ON SIMILAR RULES BY COMMISSION OF THE EUROPEAN COMMUNITIES. THE TRIBUNAL WILL NOT APPLY, EVEN BY ANALOGY, RULES WHICH ARE IN FORCE IN ANOTHER INTERNATIONAL ORGANISATION. IN ANY EVENT, IT IS OUT OF THE QUESTION THAT THE TRIBUNAL SHOULD CONSIDER, AS THE COMPLAINANT SUGGESTS, WHETHER THE COMMISSION OF THE EUROPEAN COMMUNITIES EXCEEDED ITS AUTHORITY IN ADOPTING [RULES SIMILAR TO THE MATERIAL PROVISION]."
Keywords:
allowance; applicable law; education expenses; law of european communities; purpose; rule of another organisation;
CONSIDERATIONS 4, 7 AND 8
Extract:
ACCORDING TO A STATUTORY PROVISION, AN EDUCATION ALLOWANCE IS PAYABLE FOR A CHILD "REGULARLY ATTENDING, ON A FULL-TIME BASIS, AN EDUCATIONAL ESTABLISHMENT." THE PURPOSE OF THE INTENSIVE LANGUAGE COURSES TAKEN BY THE COMPLAINANT'S SON WAS TO PROVIDE "FURTHER INSTRUCTION IN A PARTICULAR AREA, NOT IN FURTHERANCE OF GENERAL EDUCATION, BUT SOLELY TO FACILITATE IN PRACTICE THE EXERCISE OF A PROFESSION." THE FACT THAT THE STUDIES LASTED FOR SIX CONSECUTIVE MONTHS DOES NOT ALTER THE CHARACTER OF THE STUDIES. THE SCHOOL IN QUESTION "CAN BE REGARDED ONLY AS A COLLEGE PROVIDING TRAINING FOR TAKING UP EMPLOYMENT." THE ALLOWANCE IS THEREFORE NOT PAYABLE.
Keywords:
allowance; condition; education expenses;
Judgment 471
47th session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 3
Extract:
ACCORDING TO THE APPLICABLE PROVISION, "WHEN THE ORGANIZATION EMPLOYS STAFF TO PRODUCE WORKS OF SCHOLARSHIP, IT HOLDS ALL AUTHOR'S RIGHTS, INCLUDING COPYRIGHT AND REPRODUCTION RIGHTS. [...] THE TEXT WAS WRITTEN FOR THE [ORGANIZATION] AND AT ITS REQUEST. THE COMPLAINANT RECEIVED NO SPECIAL REMUNERATION FOR THE OTHER MANUALS WHICH HE WROTE, AND WHICH HAVE BEEN PUBLISHED. FROM THAT IT IS CLEAR THAT HE DID NOT HOLD COPYRIGHT."
Keywords:
complainant; proprietary rights; publication;
Judgment 470
47th session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
THE COMPLAINANT'S CONTRACT EXPIRED AND HIS POST WAS SIMULTANEOUSLY ABOLISHED. THE ORGANIZATION APPLIED THE PROVISION ON THE TERMINATION OF TEMPORARY CONTRACTS. THE TRIBUNAL MAINTAINS THAT THE PROVISION ON ABOLITION OF POSTS IS APPLICABLE TO TEMPORARY OFFICIALS; A PROVISION WHICH DEPRIVES CERTAIN OFFICIALS OF BENEFITING FROM THIS PROVISION IS WITHOUT EFFECT BECAUSE IT DOES NOT RESPECT THE HIERARCHICAL RANKING OF RULES.
Reference(s)
Organization rules reference: ARTICLE 1050.4 OF THE PAHO STAFF RULES
Keywords:
abolition of post; applicable law; complaint allowed; contract; fixed-term; non-renewal; precedence of rules;
CONSIDERATIONS 8 AND 9
Extract:
THE APPLICABLE PROVISION "DOES NOT STATE THAT THE OFFICIAL WHOSE POST HAS BEEN ABOLISHED SHALL BE ENTITLED TO FULL COMPENSATION FOR THE PREJUDICE HE HAS SUFFERED. INSTEAD IT CONTAINS A SCHEDULE SETTING OUT THE LUMP SUMS TO BE PAID IN COMPENSATION SCALED ACCORDING TO YEARS OF SERVICE." AS TO THE LOSS OF PENSION RIGHTS, THE MATERIAL PROVISION "DOES NOT GRANT THE OFFICIAL WHO HAS LOST HIS POST ANY COMPENSATION OVER AND ABOVE THAT WHICH IS PRESCRIBED IN THE SCHEDULE".
Reference(s)
Organization rules reference: ARTICLE 1050.4 F THE PAHO STAFF RULES
Keywords:
abolition of post; damages; pension; pension entitlements; reduction; scale;
CONSIDERATION 8
Extract:
THE COMPLAINANT SEEKS REINSTATEMENT FOR TWO YEARS. PAHO STAFF RULE 1050.2 REQUIRES THE DIRECTOR "TO TAKE STEPS TO TRY TO KEEP ON THE STAFF SOMEONE WHOSE POST HAS BEEN ABOLISHED. SUCH STEPS ARE NOT CALLED FOR IN THIS CASE. BY HIS OWN ACCOUNT THE COMPLAINANT WOULD HAVE RECEIVED A RETIREMENT PENSION A YEAR AND A HALF AFTER LEAVING THE ORGANIZATION [...] THERE ARE THEREFORE NO GROUNDS FOR NOW ORDERING HIS REINSTATEMENT."
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
Keywords:
abolition of post; organisation's duties; reassignment; retirement;
CONSIDERATION 6
Extract:
THE ORGANIZATION OFFERED THE COMPLAINANT A POST AT A LOWER GRADE AND SALARY IN A DIFFERENT OFFICE; IT OFFERED TO CIRCULATE HIS CURRICULUM VITAE TO THE FIELD OFFICES; IT TOOK HIS CANDIDACY INTO ACCOUNT WHEN FILLING VACANCIES. THESE MEASURES FAILED TO MEET THE REQUIREMENTS OF THE APPLICABLE STAFF RULES, WHICH REQUIRE THE ORGANIZATION "NOT JUST TO OFFER THE COMPLAINANT ANY AVAILABLE EMPLOYMENT [...] BUT TO GIVE HIM PRIORITY ON CERTAIN CONDITIONS."
Reference(s)
Organization rules reference: ARTICLE 1050 OF THE PAHO STAFF RULES
Keywords:
abolition of post; organisation's duties; priority; reassignment;
CONSIDERATION 3 (C)
Extract:
PAHO STAFF RULE 1050.2 ESTABLISHES THE CONDITIONS AND CONSEQUENCES OF ABOLISHING POSTS. "THERE IS NO SOUND REASON TO APPLY [THE RULE] IN FAVOUR ONLY OF OFFICIALS WHOSE POST IS ABOLISHED DURING AN APPOINTMENT TO THE EXCLUSION OF THOSE WHOSE POST IS ABOLISHED AT THE END OF THE APPOINTMENT. IT IS TRUE THAT IN GENERAL THE FORMER FARE WORSE THAN THE LATTER. THE DIFFERENCE BETWEEN THE TWO IS NOT, HOWEVER, SUCH AS TO WARRANT ANY DIFFERENCE IN TREATMENT."
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
Keywords:
abolition of post; contract; equal treatment; fixed-term; non-renewal; organisation's duties; termination;
CONSIDERATION 3 (B)
Extract:
"THE MERE FACT THAT [THE COMPLAINANT] HAS NOT SINCE [THE DATE HIS POST WAS ABOLISHED] BEEN REPLACED SHOWS THAT THE POST HAS GONE."
Keywords:
abolition of post; evidence;
CONSIDERATION 7
Extract:
A LETTER FROM THE DIRECTOR TO AN OFFICIAL OF THE ORGANIZATION MAY BE REGARDED AS EVIDENCE OF HOSTILITY TOWARDS THE COMPLAINANT AS WELL AS AN ACT OF SOUND ADMINISTRATION; THE TELEPHONE CONVERSATION BETWEEN THE DIRECTOR AND A MEMBER OF THE GOVERNMENT IS OPEN TO MORE THAN ONE INTERPRETATION. HOWEVER, AFTER INFORMING THE COMPLAINANT THAT HIS APPOINTMENT WOULD END IN JUNE, THE ORGANIZATION EXTENDED HIS APPOINTMENT SEVERAL TIMES, "AND THEREBY DISPLAYED GENUINE CONSIDERATION. THE TRIBUNAL CANNOT THEREFORE FIND THAT THE ALLEGATION OF PERSONAL PREJUDICE IS PROVED."
Keywords:
abolition of post; bias; contract; evidence; fixed-term; lack of evidence; non-renewal;
CONSIDERATION 4
Extract:
THE COMPLAINANT HAD WORKED FOR THE ORGANISATION FOR 12 YEARS; HE WAS NEARING RETIREMENT AGE; HIS WORK HAD NEVER AROUSED CRITICISM. "HAD HIS POST NOT BEEN ABOLISHED, THEREFORE, HE WOULD CERTAINLY HAVE HAD HIS APPOINTMENT EXTENDED. TO REFUSE AN EXTENSION TO SUCH A DESERVING STAFF MEMBER WOULD HAVE CONSTITUTED A MISUSE OF AUTHORITY WHICH WOULD HAVE ENTITLED THE TRIBUNAL TO INTERFERE. ACCORDINGLY, IT WAS THE ABOLITION ALONE WHICH MADE THE COMPLAINANT LEAVE".
Keywords:
abolition of post; contract; fixed-term; grounds; non-renewal; satisfactory service;
Judgment 469
47th session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 4
Extract:
EXPIRY OF CONTRACT ON 30 NOVEMBER. THE COMPLAINANT WAS INFORMED OF THE ABOLITION OF HER POST WITH EFFECT FROM 1 FEBRUARY AND THE EXTENSION OF HER CONTRACT UNTIL 31 JANUARY. "THE FIXED TERM OF THE COMPLAINANT'S CONTRACT BEING FOR A YEAR, WHEN THE LAST DATE [ONE MONTH BEFORE THE END OF THE CONTRACT, THE TIME LIMIT STIPULATED BY THE REGULATIONS] PASSED WITHOUT NOTIFICATION OF NON-RENEWAL, THE EFFECT WAS TO EXTEND THE APPOINTMENT UNTIL 30 NOVEMBER [OF THE FOLLOWING YEAR]. THE NOTICE TO EXTEND UNTIL 31 JANUARY [OF THAT SAME YEAR], WHICH WAS NEVER ACCEPTED BY THE COMPLAINANT, WAS THEREFORE INEFFECTIVE, AND HER APPOINTMENT WAS TERMINATED PREMATURELY BY THE ABOLITION OF HER POST."
Reference(s)
Organization rules reference: ARTICLE 1050.4 OF THE PAHO STAFF RULES
Keywords:
abolition of post; complainant; contract; extension; fixed-term; non-renewal; notice; refusal;
CONSIDERATION 7
Extract:
"IT IS TRUE THAT THE ABOLITION OF A POST DOES NOT AUTOMATICALLY TERMINATE THE HOLDER'S APPOINTMENT AND THEREFORE DOES NOT AUTOMATICALLY ATTRACT AN INDEMNITY UNDER [THE APPLICABLE RULE]. DOES THIS GIVE THE ORGANIZATION THE OPTION OF TERMINATING THE APPOINTMENT UNDER ANOTHER RULE ? IN THE CIRCUMSTANCES OF THIS CASE IT IS UNNECESSARY FOR THE TRIBUNAL TO ANSWER THAT QUESTION." IT IS THE PROVISION ESTABLISHING AN INDEMNITY IN THE EVENT OF POST ABOLITION THAT IS APPLICABLE IN THE INSTANT CASE.
Keywords:
abolition of post; applicable law; complaint allowed; contract; damages; decision quashed; fixed-term; non-renewal;
CONSIDERATION 3
Extract:
THE STAFF RULES PROVIDE BOTH FOR AUTOMATIC TERMINATION OF CONTRACT AND ADVANCE NOTICE. THE TRIBUNAL HAS CONSISTENTLY FOUND THAT A DECISION NOT TO RE-APPOINT IS REQUIRED, AS WELL AS NOTICE BEFORE THE PRESCRIBED DATE. "TO INTERPRET THE RULE AS TERMINATING THE APPOINTMENT AUTOMATICALLY ON THE EXPIRY DATE WHETHER OR NOT A NOTIFICATION WAS GIVEN WOULD NOT ONLY DO VIOLENCE TO THE TEXT BY RENDERING THE PROVISION FOR NOTIFICATION OTIOSE, BUT WOULD ALSO BE UNREASONABLE AND UNFAIR..."
Keywords:
case law; contract; date; fixed-term; interpretation; non-renewal; notice; organisation's duties; provision; staff regulations and rules;
CONSIDERATION 5
Extract:
IF AN ADVANCE NOTICE WAS NECESSARY IT WAS GIVEN OUT OF TIME AND THUS THE APPOINTMENT WAS NOT TERMINATED. IF IT WAS NOT NECESSARY, THE APPOINTMENT TERMINATED AUTOMATICALLY. "PRESUMABLY, IT MUST BE THE VIEW OF THE ORGANIZATION THAT THE FAILURE TO GIVE NOTICE IN TIME DOES PREVENT THE AUTOMATIC TERMINATION, BUT PRESERVES THE RIGHT OF THE ORGANIZATION TO GIVE A MONTH'S NOTICE AT ANY TIME THEREAFTER, IRRESPECTIVE OF WHETHER THE CIRCUMSTANCES ARE NORMAL OR ABNORMAL. THE TRIBUNAL CANNOT ADOPT THIS CONSTRUCTION OF THE RULE."
Keywords:
consequence; contract; date; extension; fixed-term; non-renewal; notice; organisation's duties;
Judgment 466
47th session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 4
Extract:
"THE COMPLAINANT IS MISTAKEN IN OBJECTING TO THE REPLACEMENT OF THE APPRAISAL REPORT - NONE BEING POSSIBLE IN THE CIRCUMSTANCES - WITH A MINUTE WHICH WAS NOT TO HIS DETRIMENT, WHICH WAS INTENDED TO PROTECT HIS INTERESTS AND WHICH INDEED DID SO." THE DIRECTOR-GENERAL HAD NOTED IN THE MINUTE THAT APPRAISAL WAS NOT POSSIBLE AND HE EMPHASISED ASPECTS IN THE COMPLAINANT'S FAVOUR; THE COMPLAINANT MAY NOT REQUIRE THE REGIONAL DIRECTOR, WHO WAS HIS CHIEF ONLY IN NAME, TO APPRAISE HIS WORK WHEN HE NEVER DID ANY.
Keywords:
discontinuance; performance report; staff member's interest;
CONSIDERATION 3
Extract:
"ALTHOUGH THERE WAS NO INTERNAL APPEAL, THERE HAS BEEN NO BREACH OF ARTICLE VII[1] OF THE STATUTE OF THE TRIBUNAL, WHICH THE ORGANISATION ITSELF BELIEVES TO BE INAPPLICABLE TO THIS CASE." THE ORGANISATION POINTED OUT THAT THE USUAL INTERNAL REMEDIES WERE NOT APPLICABLE INASMUCH AS THERE WAS A SPECIAL PROCEDURE INVOLVING A REPORTS BOARD WHICH HAD EXPRESSED ITS OPINION ON THE CASE. THE FILING OF AN INTERNAL APPEAL WOULD PROBABLY NOT HAVE AFFECTED THE OUTCOME OF THE COMPLAINANT'S SITUATION.
Reference(s)
ILOAT reference: ARTICLE VII PARAGRAPH 1 OF THE ILOAT STATUTE
Keywords:
exception; internal appeal; internal remedies exhausted; performance report; procedure;
CONSIDERATION 3
Extract:
"IT IS OPEN TO THE COMPLAINANT TO CHALLENGE THE DECISION, SINCE EVERY OFFICIAL HAS AN INTEREST IN THE PROPER ESTABLISHMENT OF REPORTS ON HIS PERFORMANCE, ON WHICH HIS CAREER WILL DEPEND. IT IS IMMATERIAL THAT THE REPORTS HE CHALLENGES ARE NOT HARMFUL TO THE COMPLAINANT."
Keywords:
cause of action; lack of injury; performance report;
Judgment 465
47th session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 3
Extract:
AT THE END OF EACH PERIOD OF EMPLOYMENT THERE SHOULD BE AN OPPORTUNITY TO REVIEW THE TERMS OF THE EXPIRING CONTRACT. "A RADICAL RECASTING OF THE TERMS MIGHT BE TREATED AS CONSTITUTING A BREAK OF A KIND WARRANTING THE GRANT OF AN ALLOWANCE. SUBJECT TO REVIEW BY THE TRIBUNAL, HOWEVER, THE ORGANISATION MAY, WITH DUE REGARD TO ITS OWN INTERESTS AND TO THE STAFF MEMBER'S RIGHTS, OFFER NEW CONTRACTUAL TERMS [...] NOT EVERY OFFER WILL BE SUCH THAT THE STAFF MEMBER WHO DECLINES IT AND LEAVES MAY CLAIM THE INDEMNITY: IT IS ALL A MATTER OF DEGREE."
Keywords:
amendment; consequence; contract; damages;
CONSIDERATION 4
Extract:
THE ORGANISATION'S OFFER TO CONVERT THE COMPLAINANT'S FIXED-TERM CONTRACT INTO A CONTRACT WITHOUT LIMIT OF TIME WAS NOT ARBITRARY. IT WAS EVIDENCE OF THE ORGANISATION'S VIEW "THAT IT NEED NO LONGER RECONSIDER AT REGULAR INTERVALS WHETHER OR NOT TO EMPLOY HIM" AND EVIDENCE THEREFORE OF ITS CONFIDENCE IN HIM. "HAD HE ACCEPTED [THE ORGANISATION'S] OFFER IT COULD HAVE GOT RID OF HIM ONLY IF HE HAD COMMITTED A DISCIPLINARY OFFENCE. HE WOULD HAVE ENJOYED GREATER EMPLOYMENT STABILITY AND YET WOULD STILL HAVE HAD THE RIGHT TO TERMINATE THE CONTRACT AT ANY TIME. HIS OBLIGATIONS [...] WOULD [...] HAVE BEEN NO GREATER."
Keywords:
amendment; complainant; contract; fixed-term; offer; organisation; permanent; refusal; security of tenure;
Judgment 463
46th session, 1981
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 4
Extract:
UNDER THE SO-CALLED SERVICE RENDERED RULE, AN OFFICIAL IS ENTITLED TO REMUNERATION IN RESPECT OF SERVICES RENDERED. IT IS TRUE THAT THIS IS ONLY A GENERAL RULE. IN SOME CASES, THE DIRECTOR-GENERAL MAY RELIEVE THE STAFF MEMBER FROM HIS DUTY WITHOUT LOSS OF SALARY. HOWEVER THE REASONS FOR THIS MUST BE CLEARLY STATED.
Keywords:
entitlement for service rendered; exception; proportionality; salary;
CONSIDERATION 6
Extract:
FAMILY ALLOWANCES ARE INTENDED TO PROVIDE ADDITIONAL REMUNERATION OVER AND ABOVE THE OFFICIAL'S SALARY FOR REASONS OF FAMILY SITUATION DURING THE TIME OF HIS EMPLOYMENT.
Keywords:
family allowance; purpose;
CONSIDERATION 6
Extract:
TERMINAL ENTITLEMENTS FALL DUE DUE AFTER THE TERMINATION OF EMPLOYMENT. THEY ARE INTENDED TO FACILITATE THE TRANSITION TO OTHER EMPLOYMENT OR TO RETIREMENT.
Keywords:
purpose; terminal entitlements;
CONSIDERATIONS 5 AND 6
Extract:
THE COMPLAINANT DID NOT SUBMIT A COPY OF HIS MARRIAGE CERTIFICATE UNTIL ONE MONTH AFTER HE WAS TERMINATED. BUT THE ORGANIZATION WAS AWARE OF THE FACT THAT THE COMPLAINANT HAD A WIFE AND CHILD. THE ONLY MATERIAL FACT IS THAT HE IS MARRIED, WHATEVER THE DATE ON WHICH HE PRODUCED THE REQUIRED EVIDENCE. THE APPLICATION OF A PROVISION ON FAMILY BENEFIT IS NOT RELEVANT: THE TWO MATTERS ARE BASICALLY DISTINCT. IN THE PRESENT CASE, THE AMOUNT DUE SHOULD BE CALCULATED ACCORDING TO THE RATE PROVIDED FOR OFFICIALS WITH DEPENDANTS.
Keywords:
allowance; complaint allowed in part; decision quashed; delay; dependant; disclosure of evidence; marital status; rate; terminal entitlements;
Judgment 462
46th session, 1981
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 5
Extract:
"ACCORDING TO THE TRIBUNAL'S PRESENT CASE LAW, AN ACQUIRED RIGHT IS A RIGHT THE GRANT OF WHICH WAS OF DECISIVE IMPORTANCE TO THE STAFF MEMBER WHEN HE ACCEPTED AN APPOINTMENT WITH THE ORGANISATION. [...] BUT THE NOTION OF ACQUIRED RIGHTS SHOULD BE DEVELOPED TO TAKE ACCOUNT OF SITUATIONS ANALOGOUS TO THOSE WHICH GAVE RISE TO THE DOCTRINE." STAFF MEMBERS SHOULD NOT BE ARBITRARILY DEPRIVED OF THE RIGHT TO AN ALLOWANCE PROVIDED FOR IN THE RULES.
Keywords:
acquired right; allowance; condition; definition; knowledge of languages;
CONSIDERATION 6
Extract:
THE ESSENTIAL CONDITION FOR CONTINUED PAYMENT OF THE ALLOWANCE IS CONTINUED PROFICIENCY. THE METHOD BY WHICH SUCH PROFICIENCY IS TO BE ASCERTAINED IS NOT OF THE ESSENCE. THE DIRECTOR-GENERAL'S CHANGING THE METHOD DOES NOT CONSTITUTE ARBITRARY DEPRIVATION OF AN ACQUIRED RIGHT.
Keywords:
acquired right; allowance; amendment; condition; knowledge of languages;
CONSIDERATION 5
Extract:
THE POSSIBILITY OF OBTAINING A LANGUAGE ALLOWANCE UNDER CERTAIN CONDITIONS IS NOT ORDINARILY A MATTER OF DECISIVE IMPORTANCE TO A NEW RECRUIT. IT IS THEREFORE NOT AN ACQUIRED RIGHT IN THE SENSE OF THE CASE LAW. A STAFF MEMBER MAY BE SAID TO ACQUIRE THE RIGHT TO THE ALLOWANCE UNDER THE TERMS OF THE RULES IN FORCE AT THE TIME HE EARNS IT. ACCORDINGLY, THE RULES SHOULD NOT BE CHANGED SO AS TO DEPRIVE OFFICIALS OF SUCH A RIGHT ARBITRARILY.
Keywords:
acquired right; allowance; amendment; knowledge of languages; provision; staff regulations and rules;
Judgment 460
46th session, 1981
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 9
Extract:
"THE DUTY ALLOWANCE IS A TEMPORARY ONE. THE STAFF MEMBER WHO RECEIVES IT KNOWS THAT HE WILL CONTINUE TO DO SO ONLY AS LONG AS HE IS PERFORMING DUTIES PERTAINING TO A HIGHER GRADE. IF [...] HE IS ASSIGNED THE DUTIES OF A HIGHER GRADE BECAUSE OF PROMOTION, THERE ARE NO GROUNDS FOR PAYMENT OF THE DUTY ALLOWANCE".
Keywords:
consequence; promotion; special post allowance;
CONSIDERATION 10
Extract:
"THE COMPLAINANT HAS BEEN RECEIVING SINCE THE DATE OF HIS PROMOTION LOWER REMUNERATION THAN BEFORE. THIS ANOMALY IS UNACCEPTABLE. IT IS QUITE UNFAIR TO REDUCE REMUNERATION WHEN RESPONSIBILITY IS INCREASED."
Keywords:
case sent back to organisation; complaint allowed; consequence; decision quashed; promotion; reduction; salary;
CONSIDERATION 9
Extract:
"[BENEFITS AND ALLOWANCES] APPEAR TO FALL INTO TWO GROUPS: A) BENEFITS AND ALLOWANCES WHICH ARE PERMANENT OR AT LEAST PAYABLE OVER A FAIRLY LENGTHY PERIOD, SUCH AS THE RESIDENCE ALLOWANCE, ALLOWANCE FOR DEPENDANTS, EDUCATION BENEFIT, EXPATRIATION ALLOWANCE AND LANGUAGE ALLOWANCE; B) TEMPORARY BENEFITS AND ALLOWANCES, PAYABLE FOR A LIMITED PERIOD, SUCH AS THE INSTALLATION BENEFIT, OVERTIME PAY [...] AND PAY FOR SHIFT WORK".
Keywords:
allowance; difference; period;
Judgment 459
46th session, 1981
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 2
Extract:
"EITHER THE VIEW IS TAKEN THAT THE CONTRACT MAY BE AMENDED ONLY BY COMMON CONSENT OF THE PARTIES, AND THE TRIBUNAL MAY NOT REQUIRE ANY AMENDMENT OF THE CONTRACT. IN THAT CASE, [AS] THE ORGANIZATION HAS REFUSED [THE AMENDMENT SUBMITTED BY THE COMPLAINANT], THE TRIBUNAL MAY NOT INTERFERE. THE ALTERNATIVE VIEW IS THAT THE TRIBUNAL MAY HAVE THE PARTIES MAKE THE AMENDMENTS REQUIRED BY THE APPLICATION OF THE PRINCIPLE OF GOOD FAITH".
Keywords:
amendment; contract; good faith; tribunal;
CONSIDERATIONS 1 AND 2
Extract:
"UPON RECEIVING AN APPOINTMENT A STAFF MEMBER IS REQUIRED TO GIVE THE DATE OF HIS BIRTH. THE DATE SO RECORDED IN THE CONTRACT OF APPOINTMENT MAY AFFECT HIS RIGHTS AND OBLIGATIONS IN A NUMBER OF WAYS; CERTAINLY IT SETTLES THE DATE ON WHICH HE IS DUE TO RETIRE." THE COMPLAINANT MAY NOT RELY ON THE PRINCIPLE OF GOOD FAITH "SINCE IN ANY CASE, WHEN THE FIRST CORRECTION OF DATE WAS MADE, HE OUGHT TO HAVE TAKEN EVERY PRECAUTION TO DETERMINE THE EXACT DATE OF HIS BIRTH."
Keywords:
amendment; date of birth; good faith; organisation; refusal; staff member's duties;
Judgment 457
46th session, 1981
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
SUMMARY
Extract:
THE COMPLAINANTS FAILED TO GET A PROMOTION AND ADDRESSED AN APPEAL WITHIN THE APPLICABLE TIME LIMITS TO THE DIRECTOR. HE FAILED TO TAKE A DECISION ON THE MATTER WITHIN THE SIXTY-DAY TIME, RELYING ON THE MAJOR CRITERIA FOR COMPILING LISTS OF OFFICIALS FOR PROMOTION. THE FINAL DECISION FELL WITHIN THE DISCRETIONARY AUTHORITY OF THE DIRECTOR, WHO WAS FREE TO ENDORSE THE RECOMMENDATIONS OF THE PROMOTION COMMITTEE, ALTHOUGH HE WAS NOT BOUND TO. THERE WERE NO GROUNDS FOR FINDING AN ABUSE OF DISCRETIONARY AUTHORITY. COMPLAINT DISMISSED.
Keywords:
advisory opinion; binding character; discretion; executive head; promotion; promotion board; proposal;
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