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Terms of appointment

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  • Judgment 370


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    the decision not to promote the complainant is a matter of discretion. in this case, the tribunal notes that the director-general did not abuse his discretionary authority. "moreover, the effects of the decision not to promote the complainant derive from the relevant rules. however detrimental the complainant may find them, they afford no reason for promoting him."

    Keywords:

    discretion; enforcement; judicial review; promotion; provision; staff regulations and rules;



  • Judgment 369


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    vide judgment 372, consideration 4.

    Keywords:

    acquired right; amendment; contract; definition; provision; staff regulations and rules; terms of appointment;

    Consideration 6

    Extract:

    vide judgment 372, consideration 2.

    Keywords:

    competence of tribunal; headquarters agreement; organisation's interest; privileges and immunities; purpose;

    Consideration 11

    Extract:

    "an acquired right might be established in the present case only if, either expressly or by implication, for example in the light of conclusive evidence, the complaint's contract of appointment had guaranteed the benefits he is claiming. ... he cannot rely on any clause in his contract: there is no express guarantee."

    Keywords:

    acquired right; condition; contract; provision;

    Considerations 10 and 11

    Extract:

    vide judgment 372, considerations 5 and 6.

    Keywords:

    acquired right; contract; headquarters agreement; international instrument; member state; organisation's interest; privileges and immunities; provision; terms of appointment;



  • Judgment 368


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    vide judgment 371, consideration 8.

    Keywords:

    acquired right; allowance; amendment; amount; discontinuance; education expenses; home leave; non-resident allowance; payment; reckoning;

    Consideration 7

    Extract:

    there is no acquired right to the amount and method of calculation of an indemnity; a staff member should expect amendments to be made. the reduction in the indemnity "does not infringe any right which was of decisive importance to [the complainants] in accepting appointment and which may be regarded as acquired. moreover, there is no clause in their contract which even tacitly guaranteed them any such right."

    Keywords:

    acquired right; allowance; amendment; amount; reckoning; reduction; terms of appointment;

    Consideration 6

    Extract:

    vide judgment 372, consideration 4.

    Keywords:

    acquired right; amendment; contract; definition; provision; staff regulations and rules; terms of appointment;



  • Judgment 367


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "just as it is implicit in every contract of service that the staff member shall be loyal, shall treat his superiors with due respect and shall guard the reputation of the organization, so it is implicit that the administration in its treatment of staff members shall have a care for their dignity and reputation and shall not cause them unnecessarily personal distress."

    Keywords:

    general principle; organisation's duties; organisation's reputation; professional injury; respect for dignity; staff member's duties; supervisor;

    Summary

    Extract:

    after 20 years of "laudable service", the complainant, a "valuable member of [the organization's] staff" was transferred. the organization, in its treatment of the complainant, failed in its obligation to show due regard for his dignity and reputation; the director-general's apology did not remedy the situation.

    Keywords:

    complaint allowed; decision quashed; moral injury; organisation's duties; respect for dignity; satisfactory service; transfer;

    Consideration 11

    Extract:

    the complainant alleges prejudice and failure to take full account of the facts. "since the existence of either ground would justify the interference by the tribunal with a discretionary decision, it is convenient to consider the case as it is presented on these two grounds. ... failure to take full account of the facts is the wider ground..."

    Keywords:

    bias; discretion; disregard of essential fact; judicial review; transfer;

    Consideration 16

    Extract:

    some elements of the moral prejudice - the new assignment offered the complainant less congenial and responsible work - "would not attract compensation if the decision to assign him had been valid". other aspects, "for example, the humiliating way in which the transfer was effected ... would attract compensation whether or not the decision was valid."

    Keywords:

    assignment; damages; moral injury; transfer;

    Consideration 16

    Extract:

    "often distress and disappointment cannot be avoided but, where [they], can be, [they] should be. as in all organisations, the staff member must take the rough with the smooth and there are bound in management to be pieces of clumsiness or tactlessness which can be sufficiently smoothed over by apology or explanation."

    Keywords:

    moral injury; organisation's duties; working relations;



  • Judgment 366


    41st Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "...even if a staff member gets no salary increase on promotion his position is not necessarily just as before. not only may he be given work which will give him greater satisfaction but he will be better placed for further promotion which does bring a salary increase."

    Keywords:

    consequence; increase; promotion; salary;

    Consideration 6

    Extract:

    "a right is acquired when he who has it may require that it be respected notwithstanding any amendment to the rules. in particular, it may be either a right which arises under an official's contract of appointment and which both parties intend should be inviolate, or a right which is laid down in a provision of the staff regulations or staff rules and which is of decisive importance to a candidate for appointment."

    Keywords:

    acquired right; amendment; contract; definition; provision; staff regulations and rules; terms of appointment;

    Consideration 11

    Extract:

    "...expatriation, education and leave expense allowances are matters of importance to someone who joins the staff of an organisation. the question therefore arises whether the outright abolition of such allowances would not violate an acquired right. there is, however, no acquired right to the amount and the conditions of payment of such allowances. indeed the staff member should expect amendments to be prompted by changes in circumstances if, for example, the cost of living rises or falls, or the organisation reforms its structure, or even finds itself in financial difficulty."

    Keywords:

    acquired right; allowance; amendment; amount; discontinuance; education expenses; home leave; non-resident allowance; payment; refund;

    Consideration 10

    Extract:

    "someone who offers his services to an organisation may ... be expected to give decisive importance to the provisions on his pension rights. any curtailment should therefore be regarded as affecting an acquired right."

    Keywords:

    acquired right; pension; pension entitlements; reduction;

    Consideration 9

    Extract:

    "...the acquired right to promotion is merely the possibility of advancement because it is only on the strength of such a possibility that a staff member may have accepted appointment. the provisions which lay down the conditions governing promotion do not confer any acquired rights on a staff member because, when he takes up his appointment, he cannot foresee how he will fare in his career. on the contrary, those provisions are subject to amendment and the staff member must expect such amendment."

    Keywords:

    acquired right; amendment; career; promotion; provision; staff regulations and rules;



  • Judgment 365


    41st Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "as to the method of salary adjustment, the complainants do not have an acquired right to application of the methods practised..."

    Keywords:

    acquired right; adjustment; reckoning; salary;

    Consideration 9

    Extract:

    vide judgment 366, consideration 9.

    Keywords:

    consequence; increase; promotion; salary;

    Consideration 7

    Extract:

    vide judgment 366, consideration 6.

    Keywords:

    acquired right; amendment; contract; definition; provision; staff regulations and rules; terms of appointment;

    Consideration 11

    Extract:

    vide judgment 366, consideration 11.

    Keywords:

    acquired right; allowance; amendment; amount; discontinuance; education expenses; home leave; non-resident allowance; payment; refund;

    Consideration 10

    Extract:

    vide judgment 366, consideration 10.

    Keywords:

    acquired right; pension; pension entitlements; reduction;

    Consideration 9

    Extract:

    "it is true that when he takes up employment with an organisation an official may reasonably hope some day to advance in grade and that the rules on promotion create an acquired right in so far as they offer the prospect of advancement. but the substance of the acquired right to promotion is merely the possibility of advancement because it is only on the strength of such a possibility that a staff member may have accepted appointment."

    Keywords:

    acquired right; career; legitimate expectation; promotion; terms of appointment;

    Consideration 9

    Extract:

    vide judgment 366, consideration 9.

    Keywords:

    acquired right; amendment; career; promotion; provision; staff regulations and rules;



  • Judgment 364


    41st Session, 1978
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "it is of course open to argument whether there is any duty upon the organization to give correct information in matters relating to a staff member's rights in the fund, and if so, whether the information given is correct or not. ... but this is an issue ... on which the director-general has never [decided]. ...it was one which called for a new decision." insofar as it concerns this information, the complaint is receivable.

    Keywords:

    complaint allowed; decision quashed; duty to inform; participation; pension; right; unjspf;



  • Judgment 363


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "it is an attractive idea that [the material rule] should be invoked only to the extent necessary to relieve the financial hardship. but that would mean a reimbursement and not an allowance. the object of an allowance is to settle in advance the difficult questions that often arise on reimbursement ... and to let the staff member know from the first what he has to spend."

    Keywords:

    allowance; difference; purpose; refund;

    Consideration 5

    Extract:

    if, as "is very doubtful, the language of the letter ... is sufficient to attach to the payment the condition that the complainant would by accepting it abandon his right to appeal to the tribunal, this condition would be invalid and of no effect."

    Keywords:

    acceptance; condition; installation allowance; offer; payment; waiver of right of appeal;

    Consideration 8

    Extract:

    "'may' makes it clear that the official whose duty it is to give or with hold approval is to apply his own judgment to the questions. ... but the use of the word 'may' is quite inadequate to confer on the official a large and unbounded discretion so that, even where the conditions were manifestly fulfilled, he could for any other reason that appealed to him or for no reason given with hold the allowance." [at issue is a provision permitting the extension of installation-allowance payments].

    Keywords:

    complaint allowed; condition; decision quashed; discretion; extension; installation allowance; limits; period;

    Consideration 1

    Extract:

    "normally a staff member is expected to find his own living accommodation for himself and his dependants and to pay for it out of his salary and allowances. it is however recognised that upon a change of duty station a staff member may not at once succeed in finding accommodation at normal rates. accordingly the staff rules provide for the payment of an installation allowance."

    Keywords:

    amendment; duty station; installation allowance; purpose; transfer;



  • Judgment 362


    41st Session, 1978
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "under article ii of its statute the tribunal is open to any official ... who is in dispute with the organisation concerning the compensation provided for in cases of invalidity, injury or disease incurred by him in the course of his employment."

    Reference(s)

    ILOAT reference: ARTICLE II ILOAT STATUTE

    Keywords:

    accident; competence of tribunal; illness; iloat statute; invalidity; service-incurred;

    Considerations

    Extract:

    "the word 'injury' ... must be given the restricted meaning of physical injury. not only is this consistent with its context, but if it were not so restricted it would be far wider than 'accident' in the french text."

    Keywords:

    accident; iloat statute; interpretation;



  • Judgment 361


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 29

    Extract:

    "...if an unexplained decision is also apparently inexplicable, silence will provide a foundation for an inference that there must have been at work in the decision making some element, such as prejudice or a conclusion falsely drawn, which would require the tribunal to interfere with the discretion. the tribunal considers that an unexplained decision to remove the complainant after 12 days from an assignment that was clearly intended to last until the new appointment might well justify such an inference..."

    Keywords:

    appraisal of facts; assignment; bias; decision; duty to substantiate decision; flaw; grounds;

    Consideration 9

    Extract:

    vide judgment 367, consideration 16.

    Keywords:

    organisation's duties; organisation's reputation; professional injury; respect for dignity; staff member's duties; supervisor;

    Considerations 43 and 44

    Extract:

    the director-general's decisions are valid, but not the manner in which they were implemented. the administration could have made it clear that the complainant was a victim of the reorganisation and was not to blame. its silence made the situation even more distressing. "accordingly, the claim for compensation for moral damage is allowed. since money is to be the only form of redress, the amount must be sufficient to mark the gravity of the injury."

    Keywords:

    complaint allowed in part; damages; decision; grounds; injury; moral injury; professional injury; reorganisation; transfer;

    Consideration 39

    Extract:

    to be rehabilitated the complainant would have had to be given a post with responsibilities at least equal to those which he had at the time of the events. "this is not necessarily to question the validity of the director-general's decision... the director-general must exercise his power of appointment to pick the right man and would normally be precluded from using it as a way of making amends." but if he had been able to offer the complainant a distinct promotion, thus demonstrating his confidence in him, some of the prejudice complained of would have been removed.

    Keywords:

    assignment; discretion; professional injury;

    Consideration 9

    Extract:

    vide judgment 367, consideration 16.

    Keywords:

    moral injury; organisation's duties; working relations;



  • Judgment 360


    41st Session, 1978
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    the application, by analogy, of the rules in force in the bodies of the european communities "would be warranted only if the ... rules [of the organisation] overlooked the point in dispute, in other words if they failed to contain a provision which had apparently been left out by omission."

    Keywords:

    analogy; applicable law; enforcement; exception; law of european communities; no provision; rule of another organisation; transfer of pension rights;

    Consideration 4

    Extract:

    "the complainant alleges that he received a promise from the director of personnel ... at the time of his appointment. there is no need to question that official, who has now retired, to establish that no such promise was made." it appears from the complainant's correspondence that he "merely discussed the question of acquisition of pension rights in the hope that the competent bodies would take a decision in his favour. no trace is to be found of any real promise. had the complainant been given one, he would presumably have produced it."

    Keywords:

    evidence; lack of evidence; pension; pension entitlements; promise; terms of appointment; transfer of pension rights;



  • Judgment 359


    41st Session, 1978
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    the complainant's claims for damages are excessive. since he had been informed that an extension of his contract gave him one "last chance", "he must have known that his position in [the organization] was precarious. the extensions of his appointment ... were so short that he should have realised that he stood to lose his employment in a few months' time and that it would therefore be reasonable to look for employment outside [the organization]."

    Keywords:

    amount; contract; damages; extension; fixed-term; non-renewal; successive contracts;

    Consideration 6

    Extract:

    it is not desirable to allow the complainant's claim for reinstatement. "it does not appear from the dossier that [the organization] could at present make use of his services in any vacant post. ... the sum of one year's salary will compensate the prejudice for which he is entitled to damages." [17 years' service; non-renewal of appointment resulting from abuse of authority.]

    Keywords:

    amount; contract; damages; decision quashed; fixed-term; non-renewal; reinstatement;

    Consideration 5

    Extract:

    "... it appears from the evidence in the dossier that the circumstances in which the complainant's appointment ended amount to an abuse of authority. [no description of post, no detailed comment on his performance, hence either omission of essential facts or clearly mistaken conclusions from the facts, hence quashing of decision.]

    Keywords:

    complaint allowed; contract; decision quashed; disregard of essential fact; fixed-term; mistaken conclusion; misuse of authority; non-renewal; omission; organisation's duties; performance report; post description;



  • Judgment 358


    41st Session, 1978
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "a decision by the director ... to extend a staff member's appointment beyond the age limit set in the staff regulations is purely discretionary" and the tribunal may interfere with such a decision only in exceptional circumstances set out in the case law.

    Keywords:

    age limit; contract; discretion; extension; judicial review; retirement;

    Considerations

    Extract:

    "although the director is empowered to extend a staff member's appointment to the age of 65, he is in no case bound to do so. he may exercise that authority to allow an exception only in the interests of the [organisation], not in the exclusive interests of the staff member. in deciding on the complainant's case he would have to bear in mind the possibility that the complainant might obtain a pension, but that was only one fact to be taken into account among others."

    Keywords:

    age limit; contract; contributory service; discretion; extension; organisation's interest; pension; retirement; staff member's interest;



  • Judgment 357


    41st Session, 1978
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "a staff member who leaves the [organisation] is supposed to return to his home country and to use there the sum which he has received as compensation for accumulated annual leave. in calculating that sum, therefore, there are no grounds for taking account of benefits and allowances such as post adjustments, which have to be determined in the light of the cost of living at the duty station."

    Keywords:

    allowance; amount; commutation of accrued leave; criteria; separation from service;

    Consideration 2

    Extract:

    "a staff member may derive an acquired right either from a clause of his contract of appointment or from a provision of the staff regulations or the staff rules which was important enough to affect the mind of the ordinary applicant when he was considering joining the staff of the organisation." [in the instant case, the provision on compensation for accumulated leave was modified; but there is nothing to suggest that an applicant for a position on the staff would have joined the organisation in reliance on the earlier rule.]

    Keywords:

    acquired right; amendment; commutation of accrued leave; contract; provision; staff regulations and rules;



  • Judgment 355


    41st Session, 1978
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    the complainants claim that the grading of their posts no longer corresponds to their actual duties and should be reviewed. "that contention may not be submitted directly to the administrative tribunal. it should first be put to the director-general who will take a decision" as prescribed by circular.

    Keywords:

    case sent back to organisation; internal remedies exhausted; post classification; post description;



  • Judgment 354


    41st Session, 1978
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    in deciding whether or not to extend a staff member's appointment the director-general must take account of all the facts in the file of the person concerned. where the latter has been subject to a disciplinary sanction, that must be weighed against other facts in the staff member's favour in order to reach a decision in the organisation's interests alone. it is lawful, save in exceptional circumstances, to take into account a disciplinary sanction. to impose a covert disciplinary sanction would be unlawful.

    Keywords:

    appraisal of facts; contract; disciplinary measure; fixed-term; hidden disciplinary measure; non-renewal; organisation's interest;

    Consideration 2

    Extract:

    it appears from the applicable rule "that it is within the director-general's discretionary authority to decide whether or not to renew a fixed-term appointment. because that authority is discretionary, [the person concerned] has no right to extension of appointment, and where it is not extended the tribunal's power of review is limited. the tribunal may interfere with the director-general's exercise of his discretionary authority only if the decision not to extend .." (etc.)

    Keywords:

    contract; discretion; fixed-term; judicial review; non-renewal;

    Consideration 3

    Extract:

    the fact that the original decision became final when it was not challenged within the prescribed time limit does not prevent the tribunal from examining whether the decision not to extend the appointment "is not really a further disciplinary sanction based on the same facts, and on that account a mistake of law."

    Keywords:

    decision; different decisions; disciplinary measure; double jeopardy; misconduct; mistake of law; same;

    Consideration 3

    Extract:

    the director-general's decision, "inasmuch as it was based on appreciations of fact ... is not subject to review by the tribunal."

    Keywords:

    appraisal of facts; contract; fixed-term; judicial review; non-renewal;

    Consideration 3

    Extract:

    a "covert disciplinary sanction may constitute an abuse of authority and should be borne out by the documents in the dossier."

    Keywords:

    disciplinary measure; evidence; hidden disciplinary measure; misuse of authority;



  • Judgment 353


    41st Session, 1978
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    " ...it was incumbent on the [chief of personnel] to suspend the complainant from duty forthwith, the case then being referred to the director ... so that he might consider disciplinary proceedings."

    Keywords:

    disciplinary procedure; suspension;

    Considerations

    Extract:

    according to the general principles of the international civil service, "a supervisor may suspend from duty, forthwith and without formality, a staff member who is manifestly guilty of misconduct serious enough to make it clear that it is incompatible with the organisation's interests to keep him on the staff. suspension is a provisional measure and reserves the staff member's rights; it should be followed by an inquiry which affords him full safeguards and as a rule requires notably action by the head of the organisation."

    Keywords:

    competence; disciplinary procedure; international civil service principles; organisation's interest; safeguard; serious misconduct; supervisor; suspension;



  • Judgment 352


    41st Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "in exercising his authority the director-general is not bound by the recommendations of the advisory bodies. he is indeed quite free to determine the general assessment in the light of the whole file and even to alter the assessments agreed on by the official's own supervisors. the bodies which advise the director-general therefore enjoy just as much freedom as he to assess the official's performance. ... it is therefore open to them, if they wish, to dissent from an opinion shared by [the supervisors]..."

    Keywords:

    advisory body; advisory opinion; binding character; discretion; executive head; performance report; rating; supervisor; work appraisal;

    Consideration 3

    Extract:

    "the impugned decision, which relates to the assessment of an official's performance, is of a discretionary nature. hence the tribunal may quash it only if..." (etc.)

    Keywords:

    discretion; judicial review; rating; work appraisal;



  • Judgment 351


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    the complainant was informed on 28 june that her appointment, which was to expire on 30 september, would not be extended. on 30 june she applied for prenatal and postnatal leave, expecting her confinement on 22 october. the director saw no objection to extending her appointment to the date of expiry of her maternity leave. the complainant was prematurely confined on 9 august. as a consequence of this new fact the organization granted her postnatal leave of 12 weeks and extended her appointment to 31 october. the complainant suffered no prejudice; the organization not only committed no impropriety but correctly applied the relevant provisions of the staff rules.

    Keywords:

    contract; enforcement; extension; fixed-term; maternity leave; non-renewal; staff regulations and rules;

    Considerations

    Extract:

    there is no evidence that the dismissal in question was based on reasons extraneous to the interests of the organization or was tainted with abuse of authority. the organization maintains that the measure was due solely to the savings which it must now make. "the tribunal may neither pass judgment on a policy which falls within the sole competence of the [organization] nor review action taken in pursuance of that policy."

    Keywords:

    budgetary reasons; contract; discretion; fixed-term; judicial review; non-renewal; organisation's interest;



  • Judgment 349


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

    Consideration 24

    Extract:

    the complainant's attitude and expressions were interpreted as showing a degree of disrespect to his direct superior, who had not however made any rebuke on earlier occasions and who found himself as negotiator in confrontation with the complainant in meetings on working conditions "...the tribunal concludes that any offence that was given did not deserve more than a reprimand." the selection of the appropriate penalty is a discretionary one, but this discretion must be exercised subject to the principle of proportionality. "...the penalty of summary dismissal was out of proportion to any offence committed."

    Keywords:

    conduct; disciplinary measure; discretion; insubordination; misconduct; proportionality; summary dismissal; termination;

    Consideration 27

    Extract:

    the organisation was in breach of contract in that it failed to specify and pay the night work indemnity. the complainant is accordingly entitled to be paid the indemnity in full; were it not for a regulation which prescribes that claims relating to the payment of indemnities may not be raised later than six months from the date on which the staff member became entitled to raise such a claim, he would have been entitled to back payments from the time he joined the organisation. but he is thereby barred from claiming more than six months' arrears.

    Keywords:

    allowance; breach; contract; night differential; organisation; payment; time limit;

    Consideration 32

    Extract:

    the complainant was summarily dismissed for disrespectful conduct. his dismissal was out of proportion with the offence. "the tribunal will not order the reinstatement of the complainant. this could create a difficult situation ... for which the complainant's abrasive conduct would be partly to blame." compensation must be substantial: he had indefinite employment in an excellent post and suffered serious economic losses from the loss of employment. "the tribunal must however take account of the fact that while the complainant's employment with the organisation might have lasted for the rest of his working life, [he was thirty years of age at the time.] there is a risk that a man of his temperament might sooner or later have given just cause for dismissal."

    Keywords:

    amount; complaint allowed; conduct; contract; damages; decision quashed; insubordination; misconduct; permanent; proportionality; termination;

    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:

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

    Consideration 29

    Extract:

    "the complainant can only claim overtime in accordance with his contract and his contract was never amended. ...the complainant cannot base a separate claim for overtime on a provision that was not a term of his contract..."

    Keywords:

    condition; contract; overtime; payment; provision; right;

    Consideration 31

    Extract:

    "under [the applicable provision] the complainant should have made his claim within six months from the date the injury originated or at latest within six months of the date when its serious consequences became manifest, and this he has failed to do. it is not enough to report the occurrence, as the complainant claims he did to a direct superior or to the organisation's male nurse or medical doctor; there must be a claim for compensation."

    Keywords:

    accident; invalidity; receivability; service-incurred; time bar; time limit;

    Consideration 19

    Extract:

    the direct superior was a wage bargainer in meetings on conditions of work. "things can be said in free negotiations about conditions of work in a manner which cannot be used in answer to an order which has to be obeyed. a negotiator does not need to be armed with disciplinary sanctions; he is as free as any other individual to break off discussions with anyone whose manner he finds intolerable. it is because a superior officer cannot break off relations with his subordinates that sanctions against disrespect have to be provided."

    Keywords:

    collective bargaining; disciplinary measure; insubordination; supervisor;

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