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Family relationship

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Keywords: Family relationship
Total judgments found: 8

  • Judgment 2762


    105th Session, 2008
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 26 and 27

    Extract:

    The complainant challenges the EPO's decision to recruit the spouse of the former President of the Office. "The Organisation is correct in stating that the Service Regulations do not preclude the recruitment of the spouses of staff members. Nor does there appear to be any regulatory bar to the recruitment of the spouses, friends, or close associates of the highest ranking officials in the Organisation. Whether this type of recruitment ought to be permitted is not for the Tribunal to decide but is a question of policy for each organisation to answer.
    However, where an organisation permits such recruitment, then it is imperative that special procedures be put in place to ensure the integrity and transparency of the selection process. Where such procedures have not been put in place, the presumptions of regularity and bona fides will not apply. In the absence of the operation of these presumptions, it will take very little to establish improper motive or bad faith."

    Keywords:

    application for quashing; appointment; competence of tribunal; competition; complaint allowed; complaint allowed in part; discretion; due process; exception; executive head; family relationship; good faith; grounds; organisation's duties; presumption; procedure; staff regulations and rules;

    Consideration 31

    Extract:

    The complainant challenges the EPO's decision to recruit the spouse of the former President of the Office. He seeks, inter alia, a public apology. "[T]his claim for relief will be dismissed [...] because it is beyond the Tribunal's power to make such order."

    Keywords:

    application for quashing; appointment; claim; competence of tribunal; complaint allowed; complaint allowed in part; executive head; family relationship; receivability; vested competence;



  • Judgment 2389


    98th Session, 2005
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The home country "is not necessarily that of the staff member's nationality. It could be the country with which he has the closest connection outside the country in which he is employed (see Judgment 1985, under 9), for instance the home country of his wife or of children whom he may have adopted or taken in but who he believes should keep up their connections with their native environment. Thus, according to Staff Rule 105.3, paragraph 4c, the Director General, in exceptional circumstances, may authorise a staff member to take home leave in a country other than the country of his nationality, provided that the latter can show that he maintained his normal residence in that other country for a prolonged period preceding his appointment, that he continues to have close family or personal ties in that country and that his taking home leave there would not be inconsistent with the purpose and intent of Staff Regulation 5.3."

    Reference(s)

    Organization rules reference: UPU Staff Regulation 5.3 and Staff Rule 105.3, paragraph 4c
    ILOAT Judgment(s): 1985

    Keywords:

    adoption; appointment; burden of proof; condition; definition; dependent child; difference; duty station; exception; executive head; family relationship; home leave; nationality; official travel; period; place of origin; residence; staff regulations and rules;

    Consideration 7

    Extract:

    "[T]he purpose of home leave is to enable staff members who, owing to their work, spend a number of years away from the country with which they have the closest personal or material ties to return there in order to maintain those connections. Regulation 5.3, which denies home leave to staff members whose home country is the country of their official duty station or who continue to reside in their home country, is therefore self-explanatory. Regulation 4.5, paragraph 2, reflects the same reasoning, insofar as it provides that a staff member may lose entitlement to home leave if, following a change in his residential status, he is, in the opinion of the Director General, deemed to be a permanent resident of any country other than that of his nationality, provided that the Director General considers that the continuation of such entitlement would be contrary to the purposes for which the benefit was created."

    Reference(s)

    Organization rules reference: UPU Staff Regulations 4.5, paragraph 2, and 5.3

    Keywords:

    amendment; condition; consequence; difference; duty station; executive head; family relationship; home leave; international civil servant; nationality; period; place of origin; purpose; refusal; residence; staff regulations and rules;



  • Judgment 2120


    93rd Session, 2002
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10 and 11

    Extract:

    A paragraph of a notice issued by the Organisation's secretariat stipulates that the spouse of a staff member shall normally not be employed in the same department as the staff member. The Tribunal considers that "the provision improperly discriminates between candidates for appointment based on their marital status and family relationship [...]. Discrimination on such grounds is contrary to the Charter of the United Nations, general principles of law and those which govern the international civil service, as well as international instruments on human rights. [...] All forms of improper discrimination are prohibited. What is improper discrimination? It is, at least in the employment context, the drawing of distinctions between staff members or candidates for appointment on the basis of irrelevant personal characteristics. Manifestly, the fact that two staff members may be married to each other is not relevant to their competence or the capacity of either one of them to fulfil their obligations. and, if it is thought that marital or intimate personal relationships between staff members may create management problems, such problems must be dealt with in ways that do not discriminate against either of them as a result of such relationships. The Tribunal notes that [the notice] as it is written, besides being too broad, is not even effective in dealing with the presumed possibility of undue influence or favouritism for it is silent on non-marital intimate relationships. It also fails to deal with marriages taking place after appointment".

    Keywords:

    administrative instruction; assignment; breach; candidate; competition; complaint allowed; complaint allowed in part; definition; difference; equal treatment; family relationship; general principle; grounds; international civil servant; international civil service principles; international instrument; organisation; post; provision; publication; qualifications; same; staff member's duties; terms of appointment; un charter; universal declaration of human rights;



  • Judgment 952


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

    Consideration 7

    Extract:

    who manual provision ii.2.430.2 was amended so as to restrict the possibility of having adopted blood relatives treated as dependants. the complainant submits that the amendment infringed an acquired right. the tribunal held that "the right which the amendment removed cannot be deemed to have constituted any essential part of the complainant's terms of appointment, and the allegation of breach of an acquired right is therefore unsound."

    Reference(s)

    Organization rules reference: WHO MANUAL PROVISION II.2.430.2

    Keywords:

    acquired right; adoption; amendment; dependant; dependent child; family relationship; provision; staff regulations and rules;



  • Judgment 944


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    the internal appeal was signed by mr. [e.] whereas the complaint is signed by mr. [e.]'s wife. "there being no need for a ruling of general purport on the issue, the tribunal holds that in the circumstances of the case the complaint may be deemed receivable. [...] the complainant's husband, [...] like her, is an official of the epo; they concur on the material issue and the purpose of the suit relates to a matter of social security for spouses".

    Keywords:

    complainant; complaint; difference; exception; family relationship; internal appeal; locus standi; marital status; receivability;

    Consideration 7

    Extract:

    the complainant and her husband are employees of the epo. in view of the fact that between them they pay a double premium, she is seeking the refund at 100 per cent of their medical expenses, and not 80 per cent as stipulated in the insurance policy. in keeping with the organisation's view, the tribunal holds that under the material rules of the organisation, "each staff member pays contributions that depend on the amount of salary, yet is entitled to the same benefits, whatever the degree of individual risk or family situation may be. status as an official will always prevail over status as the member of an official's family, and the right to refund derives solely from the former, not from any marital connection there may be with another official."

    Keywords:

    consequence; contributions; family relationship; insurance benefit; international civil servant; rate; right; same;



  • Judgment 793


    60th Session, 1986
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the fao's regulations and rules do not entitle an official to payment of a secondary dependency allowance for his stepfather.

    Keywords:

    dependant; family allowance; family relationship;



  • Judgment 394


    43rd Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    the complainant, the brother of a deceased official, was not himself a member of the organization. "nor is it proved that he was a person to whom the official's right devolved on his death, nor that he might derive rights from the contract of employment of the deceased, nor from the provisions of the staff regulations. hence, in view of article ii, paragraph 6, of the statute of the tribunal, he has no locus standi and his complaints must [...] be dismissed."

    Reference(s)

    ILOAT reference: ARTICLE II PARAGRAPH 6 OF THE ILOAT STATUTE

    Keywords:

    family relationship; locus standi; successor;



  • Judgment 179


    27th Session, 1971
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "the mere fact that one member of the advisory board was the son-in-law of the wife of a staff member serving in the same division as the complainant at a higher grade is not sufficient to constitute a ground for withdrawal. there is no direct relationship either by blood or by marriage between the member and the official concerned, and the latter ... cannot ... be regarded as his supervisor in the proper sense of the term." he was not required to withdraw.

    Keywords:

    advisory body; challenge of member; composition; condition; family relationship; internal appeals body;


 
Last updated: 02.09.2014 ^ top