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Acceptance (577,-666)

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Keywords: Acceptance
Total judgments found: 96

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  • Judgment 2227


    95th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant was informed by a letter of 22 December 1999 that the administration reserved the right to approve the photocopying and distribution of circulars issued by staff representatives. "The Tribunal recalled, in Judgment 911 [...], that a staff association enjoys broad freedom of speech and the right to take to task the administration of the organisation whose employees it represents, but that like any other freedom such freedom has its bounds. thus any action that impairs the dignity of the international civil service, and likewise gross abuse of freedom of speech, are inadmissible. But the prevention of such abuse cannot give the administration a power of prior censorship over the communication of written information produced by the groups and associations concerned. Herein lies the problem in this case: the Office considers it has a general right to authorise, which it maintains it uses only with moderation, but the limits of such authorisation are by no means clear. The Tribunal cannot set aside a general decision on the grounds that it does not offer the guarantees that are in any case available to staff members on the basis of the general principles of international civil service law, as established and interpreted by the Tribunal and other international administrative tribunals. These principles confine the administration's scope of action to cases where there is gross abuse of the right to freedom of expression or lack of protection of the individual interests of persons affected by remarks that are ill-intentioned, defamatory or which concern their private lives. And it is in the light of these principles that the letter of 22 December 1999 [...] should be interpreted. a refusal to grant an authorisation may be regarded as lawful only if it complies with the above principles."

    Reference(s)

    ILOAT Judgment(s): 911

    Keywords:

    acceptance; case law; collective rights; exception; freedom of speech; general decision; general principle; iloat; international civil servant; international civil service principles; interpretation; judicial review; limits; organisation; outside activity; publication; refusal; respect for dignity; right; safeguard; staff member's interest; staff representative; staff union; staff union activity; tribunal;



  • Judgment 2213


    95th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6(a)

    Extract:

    The Tribunal had dismissed the complaint by which the complainant impugned the non-renewal of his appointment. In his application for review of that judgment, he submits that a post intended for him had been mentioned in the draft programme and budget and that, since the document had been approved as it stood by the General Conference, this implied his appointment to the post at issue. "The question arises as to whether such an argument affords grounds for review. It is not necessary to answer that question, considering that the fact does not appear to be decisive, since the adoption of a budget could [...] not be interpreted as a decision to make an appointment."

    Keywords:

    acceptance; admissible grounds for review; application for review; appointment; assignment; consequence; contract; decision; executive body; inadmissible grounds for review; interpretation; non-renewal of contract; post;



  • Judgment 2198


    94th Session, 2003
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    The complainant worked, from 1993 to 2000, under a series of short-term contracts of varying durations. The complainant submits that there has been unjust enrichment on the part of the organization: it profited materially from appointing him on a short-term basis because he was doing the work of a fixed-term staff member. "The existence and validity of the contracts of employment are a complete bar to this plea. The doctrine of unjust enrichment finds its origins in the law of quasi-contract. As was said in Judgment 2097, under 20, 'the existence of a valid contract between the parties, covering the very matters which are the subject of the claim, excludes any claim of unjust enrichment'."

    Reference(s)

    ILOAT Judgment(s): 2097

    Keywords:

    acceptance; contract; duration of appointment; fixed-term; intention of parties; law of contract; offer; right; short-term; successive contracts; unjust enrichment;

    Consideration 16

    Extract:

    The complainant worked, from 1993 to 2000, under a series of short-term contracts of varying durations. "[A]ppointments extended by the organization to prospective employees and accepted by the latter freely, are policy matters over which the Tribunal will not interfere."

    Keywords:

    acceptance; contract; discretion; duration of appointment; intention of parties; judicial review; offer; short-term; successive contracts;



  • Judgment 2142


    93rd Session, 2002
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 16 and 17

    Extract:

    The complainants' request for mutually agreed separation was not allowed. "They suggest that a number of staff members who were granted a mutually agreed separation should not have been entitled to benefit from the exercise [...] The complainants request that the Tribunal itself undertake a complete examination of all documents relative to the [...] selection process or, alternatively, that they themselves, or their representative, be allowed to examine the documents. The Tribunal will not make an order of the type sought. The documents of the [mutually agreed separation] exercise, to the extent that they apply to other staff members, are confidential and the complainants' representative enjoys no privileged position in this regard. Without some evidence to support the complainants' unfounded allegations [...] the Tribunal will not sanction, or itself undertake, a wholesale 'fishing expedition' based on nothing more than the possibility that something may turn up."

    Keywords:

    acceptance; agreed termination; appointment; competence of tribunal; complainant; confidential evidence; counsel; disclosure of evidence; iloat; international civil servant; lack of evidence; mistake of fact; procedure; refusal; request by a party; right;



  • Judgment 2138


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

    Consideration 12

    Extract:

    The complainant requests that he be considered for a long- term contract. He "can take no comfort from the case of another staff member in a somewhat similar situation who was given a long-term contract [...] The awarding of such contracts is exceptional and wholly discretionary and the fact that a contract is granted to one staff member creates no rights for any other staff member."

    Keywords:

    acceptance; complainant; contract; discretion; duration of appointment; equal treatment; exception; executive head; international civil servant; request by a party; right; same;



  • Judgment 2121


    93rd Session, 2002
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9 and 14

    Extract:

    The recommendation of the Personnel Advisory Panel not to renew the complainant's contract was followed. She submits that "at no time was she given a reason for the decision not to renew her appointment. The failure to cite a reason runs counter to principles embodied in a series of Tribunal judgments [...] to state that another body has recommended against renewal, without stating why, is not enough to satisfy the Tribunal that a reason for such non-renewal was given."

    Keywords:

    acceptance; advisory body; case law; complainant; complaint allowed; contract; duty to substantiate decision; evidence; general principle; grounds; iloat; non-renewal of contract; recommendation;



  • Judgment 2107


    92nd Session, 2002
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The complainant's claim that he should be considered as a fixed-term staff member cannot be sustained. The complainant was recruited as a short-term staff member, without having to go through a competition process; he accepted several contract renewals. It was within the discretionary authority of the Director-General to decide during the years that the complainant was with the organization whether to renew each short-term contract or offer him a fixed-term contract. There is no basis on which the complainant can claim to be treated retroactively as if he had a fixed-term contract. He was at all times a short-term staff member."

    Keywords:

    acceptance; appointment; claim; competition; complainant; contract; decision; discretion; executive head; fixed-term; international civil servant; non-retroactivity; participation; refusal; short-term; status of complainant; terms of appointment;



  • Judgment 2098


    92nd Session, 2002
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant denies having signed an agreement for the termination of his appointment. He asked for a signed copy of the agreement but the organization cannot provide it. "The facts show beyond all doubt that the complainant accepted the [organization]'s offer. His attitude [is] tantamount to an admission that he did agree to the termination of his appointment. This is further borne out by the fact that he raised no objection when the agreement was implemented. The concurrence and reciprocity between the parties would in itself constitute sufficient evidence that a contract existed even in the absence of proof of a written agreement."

    Keywords:

    acceptance; agreed termination; complainant; contract; enforcement; evidence; intention of parties; lack of evidence; offer; request by a party;



  • Judgment 2097


    92nd Session, 2002
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "If the contracts are valid and enforceable and not in breach of any applicable staff rule or principle of international civil service law, the Tribunal has no power to reform them or to remake the bargain which the parties themselves have chosen to make."

    Keywords:

    acceptance; amendment to the rules; applicable law; collective bargaining; competence of tribunal; contract; iloat; international civil servant; international civil service principles; provision; staff regulations and rules; terms of appointment;



  • Judgment 2092


    92nd Session, 2002
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "When the executive head of an organisation accepts and adopts the recommendations of an internal appeal body he is under no obligation to give any further reasons than those given by the appeal body itself. Where, however, [...] he rejects those recommendations his duty to give reasons is not fulfilled by simply saying that he does not agree with the appeal body."

    Keywords:

    acceptance; advisory opinion; complaint allowed in part; decision; difference; duty to substantiate decision; executive head; grounds; internal appeals body; organisation's duties; recommendation; refusal; report;



  • Judgment 2089


    92nd Session, 2002
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "To accept that pensions must always be adjusted to keep in line with post-retirement salary increases would be to expose pension funds to an uncertain and unmeasurable future liability which might well in the end wipe out the funds themselves."

    Keywords:

    acceptance; adjustment; discontinuance; increase; pension; pension adjustment system; retirement; salary; separation from service; special hazard; subsequent fact; unjspf;



  • Judgment 1924


    88th Session, 2000
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The complainant accepted a settlement proposal by the organization within the imposed deadline. However, four months went by and he heard nothing more on the subject so he wrote to inquire when the settlement would be effected. One month later he was informed that the organization had learned that certain costs would be higher than it had foreseen, therefore, it preferred that the dispute be decided by the Administrative Tribunal. "Efforts made for the resolution of disputes are to be encouraged and the principle of good faith requires that if an offer is accepted the other party cannot then withdraw from it. The offer [...] should, accordingly, be implemented."

    Keywords:

    acceptance; complaint allowed; complaint allowed in part; good faith; intention of parties; offer; offer withdrawn; organisation's duties; promise; settlement out of court; staff member's interest;



  • Judgment 1916


    88th Session, 2000
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant argued that the date the contract enters into force is not negotiable - it must be the date the parties actually sign the contract. "The Tribunal does not agree with the complainant. A contract is concluded when there is a firm and definitive unity of intentions between the contracting parties; it generally takes the form, particularly where, as in this case, it consists of a contract by correspondence, of an offer made by one party followed by the acceptance of the offer by the other party. [...] But in certain instances, the contract may be held to be concluded, by interpretation of the intentions of the parties, even in the absence of agreement on the subsidiary points."

    Keywords:

    acceptance; date; effective date; general principle; intention of parties; law of contract; offer;



  • Judgment 1818


    86th Session, 1999
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    The provisions of the Statute and Staff Rules aiming at protecting staff members against termination in the course of sick leave do not prevent an organization from accepting, during such leave, the letter of resignation of a staff member, if the latter wrote his letter of his own free will.

    Keywords:

    acceptance; condition; lack of consent; resignation; sick leave; staff regulations and rules; termination;



  • Judgment 1775


    85th Session, 1998
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    According to the complainant, the way he accepted the offer of employment did form a binding contract. The Tribunal considers that "[the complainant] must show an unqualified agreement and meeting of minds between the Organization and himself on the essential terms of a contract of employment. The Tribunal is unable to read [a telex from the complainant to the Organization] as anything but a counter-offer on one of the most essential terms of the proposed contract, namely remuneration. Certainly, it cannot be said to be an unqualified acceptance and the fact that it is couched in terms of a claim of right does nothing to change its character; a potential employee does not have an automatic right to any particular grade or step and an offer which specifies one figure of salary cannot be accepted by a claim to a higher figure: see Judgment 228 [...]."

    Reference(s)

    ILOAT Judgment(s): 228

    Keywords:

    acceptance; case law; contract; grade; offer; right; salary; step;

    Consideration 12

    Extract:

    The complainant claims that a binding contract did exist between the Organization and himself, despite the silence of the Organization on his counter-offer regarding the amount of his salary. The Tribunal considers that "[it cannot] be said that the Organization's reply [...] constituted by its silence on that score an acceptance of the complainant's counter-offer. Silence does not normally imply consent and the circumstances here are not such as to give rise to any inference in the complainant's favour; the terms of the Organization's [reply] are fully compatible with the conclusion that the question of salary was still unresolved and subject to further negotiation."

    Keywords:

    acceptance; collective bargaining; contract; failure to answer claim; offer; salary;



  • Judgment 1659


    83rd Session, 1997
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "The defendant strongly objects to the complainants' producing privileged documents which it says they should never have disclosed without leave from the Secretary-General and which should therefore be discounted. The complainants explain that when still on the staff they were regularly sent such documents. So it is hard to see what is wrong with their relying thereon in pleadings that are confidential anyway."

    Keywords:

    acceptance; confidential evidence; disclosure of evidence; evidence; executive head; iloat; submissions;



  • Judgment 1643


    83rd Session, 1997
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    It is true that the suspension of the unit in which the complainant was employed was based on a mistake about the date of expiry of her contract. But she was aware of the mistake and knew full well what she was doing when she accepted the impugned decision. "So she may not plead lack of consent."

    Keywords:

    abolition of post; acceptance; contract; date; decision; duration of appointment; lack of consent; secondment;



  • Judgment 1613


    82nd Session, 1997
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant's internal appeal was late. But EFTA itself admits to mistakes in the numbering of the provisions to which the regulations refer, "and they may well have misled the complainants." The Association set up no advisory board, though Staff Regulation 40 provided for one, and the deputy Secretary-General himself told the complainants that in the absence of a recommendation from the Advisory Board they might go to the Tribunal. "All things considered, the complaints must be declared receivable."

    Reference(s)

    Organization rules reference: EFTA STAFF REGULATION 40

    Keywords:

    acceptance; case sent back to organisation; complaint; complaint allowed; complaint allowed in part; decision quashed; direct appeal to tribunal; exception; executive head; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time limit;



  • Judgment 1526


    81st Session, 1996
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Good faith must govern relations between administration and official [...]. It requires each party to a contract to let the other have beforehand any material information on points that may reasonably be seen as decisive. Whether a post is of limited or unlimited duration need not be a matter of indifference to the candidate since the duration may affect stability of employment. The Tribunal is not satisfied, however, and indeed doubts that the want of information influenced the complainant one way or the other."

    Keywords:

    acceptance; appointment; duration of appointment; duty to inform; offer; organisation's duties; post; security of tenure;



  • Judgment 1509


    81st Session, 1996
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The complainant was assigned to a joint service of the United Nations and UNIDO at Vienna. The service was under UNIDO management. But "it was the United Nations that offered him both the appointments which he had while he was at Vienna, and it was to the United Nations that he addressed his acceptance of each offer, thereby concluding a contract of employment with the UN. Indeed that is why he addressed his letter of resignation to the Secretary-General of the UN. True, he addressed it to the Director-General of UNIDO as well, but that was merely in recognition of UNIDO's supervision of his work and did not mean that the un had ceased to be his employer. In sum, he was an official, not of UNIDO, but of the UN."

    Keywords:

    acceptance; appointment; complainant; contract; international civil servant; offer; organisation; resignation;

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Last updated: 19.09.2019 ^ top