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Limits (550,-666)

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Keywords: Limits
Total judgments found: 168

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  • Judgment 208


    30th Session, 1973
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "[T]he principle of equality must be applied within the limits imposed by efficient administration. [I]t would therefore be unreasonable to require an organisation to review the terms of appointment of all its staff in the light of the principle of equality as a result of changes in standards of recruitment."

    Keywords:

    amendment to the rules; enforcement; equal treatment; general principle; limits; terms of appointment;



  • Judgment 176


    26th Session, 1971
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "[T]he principle of limitation of liability has been accepted in many systems of law. [I]t is far from clear that it governs the relations between the United Nations and its officials, since the Statute of the Administrative Tribunal of the United Nations makes provision for exceptional cases. To the extent to which it does govern such relations, it operates solely by virtue of an express provision in that statute."

    Keywords:

    enforcement; general principle; liability; limits; unat statute;

    Consideration 3

    Extract:

    "[T]he principle of limitation of liability has been accepted in many systems of law. The basis of it is that in certain spheres of operation it is considered to be in the public interest that a ceiling should be placed on the offender's liability for fault, the injured person being left, if he so desires, to insure himself against any excess."

    Reference(s)

    ILOAT Judgment(s): 136

    Keywords:

    compensation; general principle; injury; liability; limits;

    Consideration 3

    Extract:

    The Statute of the United Nations Administrative Tribunal stipulates that awards of compensation may not exceed a specified amount, in particular in cases of dismissal. "A tribunal without a similar provision in its Statute is not entitled to impose upon an official what would amount in effect to a condition of his employment to which he has not assented."

    Keywords:

    amount; damages; enforcement; iloat; limits; termination of employment; unat; unat statute;

    Consideration 3

    Extract:

    "The duty of [the] Tribunal, as of every other tribunal unless its Statute otherwise provides, is to fix as compensation the sum which appears to it to be equitable in all the circumstances. If any limit be imposed upon an equitable amount, it necessarily means that the sum awarded will be less than the complainant deserves."

    Keywords:

    amount; criteria; damages; limits;



  • Judgment 126


    20th Session, 1968
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "[W]hile as a general rule employees in a given grade must be assigned to work normally done by members of that grade, it is within the discretion of the Director-General, provided that there is no change in the grade or reduction in salary, nor any lowering of the dignity of the persons concerned, to assign them to work done by lower-grade employees if the needs of the service so require".

    Keywords:

    assignment; discretion; downgrading; grade; limits; organisation's duties; organisation's interest; respect for dignity; salary; same; transfer;



  • Judgment 122


    20th Session, 1968
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    The Merits

    Extract:

    "While the Universal Postal Union, which has legal personality, is alone competent to represent the organization as a whole before the Administrative Tribunal, it appears from the provisions governing its internal relations with the language groups set up within the Union that it is the management committees of the respective groups which are responsible for appointing the staff and that the role of the Director-General of the UPU is confined to notifying the persons concerned, on behalf of the management committees, of the decisions taken by them."

    Keywords:

    competence; declaration of recognition; executive head; iloat; limits; organisation;



  • Judgment 106


    17th Session, 1967
    United International Bureaux for the Protection of Intellectual Property
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5 (B)

    Extract:

    "Having conformed to his two-fold [statutory] obligation [to hear the opinion of the ad hoc committee and to base himself on the standards observed in other international organisations] the Director is free to exercise his discretion in carrying out the responsibilities assigned to him. It follows that the Administrative Tribunal must confine itself to determining whether" [at issue is the classification of posts].

    Keywords:

    advisory body; consultation; discretion; judicial review; limits; post classification; rule of another organisation;



  • Judgment 93


    16th Session, 1966
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    In exceptional circumstances the Director-General must be able to dismiss an official whose services are satisfactory in the interest of the organization. "It is for the organization to satisfy the Tribunal that such extraordinary circumstances exist. If the organization satisfies the Tribunal of this, the power arises. It is then for the Director-General to decide whether in these circumstances the interests of the organization require the termination of an officer's appointment and the Tribunal will not interfere with that decision unless [...]".

    Keywords:

    burden of proof; discretion; evidence; judicial review; limits; organisation; organisation's interest; satisfactory service; termination of employment;



  • Judgment 87


    15th Session, 1965
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    As staff representative, the complainant had additional responsibilities and enjoyed "special rights. [...]. He also had special obligations, such as the obligation to act solely in defence of the interests of the staff and the strict duty not to abuse these rights by using methods or expressions incompatible with the decorum appropriate both to his status as a civil servant and to the functions entrusted to him by his colleagues."

    Keywords:

    limits; right; staff member's duties; staff representative;

    Consideration 2

    Extract:

    A staff representative has "the obligation to act solely in defence of the interests of the staff and the strict duty not to abuse these rights."

    Keywords:

    collective rights; limits; right; staff member's duties; staff representative;



  • Judgment 81


    14th Session, 1965
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    As for the complainant's rights under Article II, paragraph 6(b), of the Statute of the Tribunal, the provision "establishes a close link between the rights of the deceased official and the persons which it is designed to cover. However, such persons could not claim a right under a contractual or a statutory clause which the official was not entitled to invoke. Moreover, neither are they entitled to contest the validity of clauses which the official was called upon to respect."

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 6(B), OF THE STATUTE

    Keywords:

    complainant; limits; locus standi; right; successor;

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Last updated: 07.08.2020 ^ top