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Acceptance (577,-666)

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Keywords: Acceptance
Total judgments found: 96

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  • Judgment 1491


    80th Session, 1996
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The Director-General granted the complainants leave not to appeal to the Joint Advisory Appeals Board and they have come straight to the Tribunal. Their complaints are therefore receivable."

    Keywords:

    acceptance; complaint; condition; direct appeal to tribunal; executive head; receivability of the complaint;



  • Judgment 1450


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 25

    Extract:

    The complainants "quite wittingly consented [...] to the contracts of service they were offered and were aware that, being for a fixed term ,the contracts could not run beyond the period of two years they set. [They may not] object a posteriori to an essential term of the contract, viz. its duration, in an attempt to have it converted to a permanent appointment. They have adduced not a jot of evidence to suggest that the organisation acted in any but its own legitimate interests either when the contracts were made out or when they came to an end."

    Keywords:

    acceptance; contract; duration of appointment; evidence; fixed-term; lack of evidence; misuse of authority; permanent; terms of appointment;



  • Judgment 1446


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 16 and 17

    Extract:

    The material issue is whether abolition of the entitlement to a step increase for long service infringed an acquired right by interfering with a fundamental term of service that led the complainants to accept employment. "The Tribunal holds that the prospect of increases in emoluments after 20, 25, 30 and 35 years of satisfactory service was too remote to influence seriously the mind of the ordinary applicant in deciding to accept appointment [within the organization]".

    Keywords:

    acceptance; acquired right; amendment to the rules; complainant; contract; increment; satisfactory service; seniority; staff regulations and rules; terms of appointment;



  • Judgment 1396


    78th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant objects to the grade she got when she took up her appointment. The Tribunal observes that the vacancy notice stated that the post could be filled at that grade. "She accepted the offer, before being actually appointed, both by her answer to [the organisation's offer] and by signing the letter of appointment. She thereby surrendered her right to challenge ex post facto any clause of the contract of service which she freely consented to and which was the prerequisite of her becoming a Eurocontrol official.

    Keywords:

    acceptance; appointment; competition; contract; grade; offer; vacancy notice;



  • Judgment 1370


    77th Session, 1994
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant pleads that he had been promoted from grade G.7 to P.2 "even though he was drawing the post allowance. It is immaterial whether or not the conditions in which he was granted the allowance met the requirements of Regulation 3.8: suffice it to observe that he acquiesced and amply reaped the benefit for most of the period during which he received the allowance. So the Tribunal cannot allow his plea that he was promoted."

    Reference(s)

    Organization rules reference: ITU STAFF REGULATION 3.8

    Keywords:

    acceptance; amendment to the rules; condition; general service category; grade; professional category; promotion; special post allowance; staff regulations and rules;

    Consideration 12

    Extract:

    The complainant changed categories. "[T]he fall in the complainant's earnings is due to factors which are beyond the Union's control inasmuch as they derive from the [United Nations] common system. The ITU was under no duty to reverse a decision which the complainant had consented to and which, until 1991 at any rate, was to his financial advantage."

    Keywords:

    acceptance; amount; cause; coordinated organisations; decision; difference; lack of injury; organisation's duties; salary;



  • Judgment 1364


    77th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    In his first complaint the complainant is seeking "a retroactive benefit that would be at variance with the terms of his original appointment, to which he consented and which designated Varese as his home. the epo is therefore right to refuse any change in that determination as to the past."

    Keywords:

    acceptance; amendment to the rules; appointment; decision; home; home leave; non-retroactivity; refusal; request by a party;



  • Judgment 1361


    77th Session, 1994
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The Tribunal reaffirms that its rulings have the force of res judicata and are binding on the organisations that have recognised its jurisdiction. Any organisation that offends against that rudimentary principle by refusing to give effect to judgments it does not care for is disregarding the rights of staff and its own interests and is acting in breach of the obligations that it has assumed by recognising the Tribunal's jurisdiction."

    Keywords:

    acceptance; application for execution; competence of tribunal; continuing breach; execution of judgment; judgment of the tribunal; organisation's duties; organisation's interest; res judicata; staff member's interest;



  • Judgment 1341


    77th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The complainant seeks an order cancelling his resignation, which the organisation accepted. [...] This claim is irreceivable because he has failed to avail himself of the internal means of redress provided under [...] the service regulations and so to satisfy the condition of receivability laid down in Article VII(1) of the Tribunal's Statute."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    acceptance; application for quashing; iloat statute; internal remedies exhausted; new claim; offer; receivability of the complaint; resignation; staff regulations and rules;



  • Judgment 1339


    77th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "An official's acceptance of the regulations and rules does not preclude his arguing that some provision of them is discriminatory as it affects him. If the organization's argument were sustained, no staff member would be free to challenge a rule. The complainant is entitled to found his case on the plea of discrimination even though in the event it proves unsuccessful."

    Keywords:

    acceptance; equal treatment; provision; right of appeal; staff member's interest; staff regulations and rules;



  • Judgment 1234


    74th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12 and 13

    Extract:

    The complainant was transferred against his wishes to a post at a lower grade, D.1, but kept grade D.2 on a personal basis. The Tribunal confirms what it said in Judgment 631 about staff Rule 570 on reduction in grade. That provision - which says that reduction in grade may result (1) from the staff member's own request, (2) from unsatisfactory performance or misconduct or (3) as an alternative to termination in a reduction inforce - applies even when the staff member keeps his own grade on a personal basis. "The organization may not require a staff member to move to a post at a lower grade against his wishes, however generous the financial compensation, unless there is compliance with Rule 570."

    Reference(s)

    Organization rules reference: WHO STAFF RULE 570
    ILOAT Judgment(s): 631

    Keywords:

    acceptance; case law; complaint allowed; decision quashed; downgrading; grade; post; staff regulations and rules; transfer;



  • Judgment 1108


    71st Session, 1991
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    After retiring from the Organization the complainant returned under a contract as a consultant. The letter of acceptance he signed indicated that he was being recruited locally. He argues that as a Swedish citizen whom the WHO contacted in Stockholm he was entitled to non-local status and the payment of a daily subsistence allowance. The Organization submits, rightly, that in putting his signature to the contract he accepted the terms of the offer.

    Keywords:

    acceptance; contract; daily subsistence allowance; external collaborator; local status; non-local status; terms of appointment;



  • Judgment 1107


    71st Session, 1991
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant, who joined CERN as a fireman, was transferred from a night-shift post to one confined to day work. The offer of the new post said that staff who gave up shift work could be compensated for loss of the shift allowance at digressive rates over three years. The Director- General decided to grant him compensation over a period of only one year. The Tribunal sets the decision aside on the grounds that "an offer of appointment holds good until it is withdrawn or accepted in good faith and without qualification, when it amounts to a contract."

    Keywords:

    acceptance; appointment; binding character; compensatory allowance; compensatory measure; complaint allowed; contract; decision quashed; elements; good faith; offer; reduction; salary; transfer;



  • Judgment 1102


    71st Session, 1991
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complaint being plainly irreceivable, the EPO applied for and got leave from the Tribunal to confine its reply to receivability.

    Keywords:

    acceptance; reply confined to receivability; tribunal;



  • Judgment 1020


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    the complainant initially accepted the transfer but later changed his mind. he must be deemed never to have consented to leaving his posts. "if there was anything retroactive about the period of notice, that was attributable, not to any decision of interpol's, but to his own shift of position."

    Keywords:

    acceptance; complainant; non-retroactivity; refusal; transfer;



  • Judgment 1019


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    the complainants initially accepted the transfer but later changed their minds. they must be deemed never to have consented to leaving their posts. "if there was anything retroactive about the period of notice, that was attributable, not to any decision of interpol's, but to their own shift of position."

    Keywords:

    acceptance; complainant; non-retroactivity; refusal; transfer;



  • Judgment 1001


    68th Session, 1990
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "the parties agreed to dispense with prior referral to the joint appeals board and to put the dispute directly to the tribunal, as rule 112.03 of unido's staff rules allows." because of that provision in the organization's rules, the requirement set out in article vii of the tribunal's statute is met.

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE ILOAT STATUTE
    Organization rules reference: RULE 112.03 OF THE UNIDO STAFF RULES

    Keywords:

    acceptance; direct appeal to tribunal; enforcement; exception; executive head; receivability of the complaint; staff regulations and rules;



  • Judgment 1000


    68th Session, 1990
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "the parties agreed to dispense with prior referral to the joint appeals committee and to put the dispute directly to the tribunal, as rule 12.02.1(b) of the agency's provisional staff rules allows." because of that provision in the agency's rules, the requirement set out in article vii of the tribunal's statute is met.

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE ILOAT STATUTE
    Organization rules reference: RULE 12.02.1(B) OF THE IAEA PROVISIONAL STAFF RULES

    Keywords:

    acceptance; direct appeal to tribunal; enforcement; exception; executive head; receivability of the complaint; staff regulations and rules;



  • Judgment 918


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

    Summary

    Extract:

    the complainant argues that his resignation was merely received, not accepted by the organisation. the tribunal observes that the terms of the recipient's written response leave no room for doubt: the resignation was well and truly accepted by the organisation.

    Keywords:

    acceptance; complainant; offer; organisation; resignation;



  • Judgment 893


    64th Session, 1988
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant's post was abolished. After remaining unemployed for nine months, he accepted the organization's offer of reinstatement on condition that it be at a lower grade level. The Tribunal holds that "the complainant has indeed waived his right of appeal by accepting the director's offer."

    Keywords:

    abolition of post; acceptance; contract; downgrading; offer; reassignment; waiver of right of appeal;



  • Judgment 856


    63rd Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "there are also several general principles that will apply even where there is no express rule, and one of them is that the offer may be withdrawn so long as it has not come into effect through acceptance by the employer."

    Keywords:

    acceptance; application for quashing; offer; resignation;

    Consideration 2

    Extract:

    "according to general principles that apply to the international civil service an official may at any time offer his resignation without explanation. but to protect the organisation's rights as employer the offer takes effect only when accepted."

    Keywords:

    acceptance; general principle; international civil service principles; offer; resignation;

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Last updated: 19.09.2019 ^ top