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Condition (589,-666)

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Keywords: Condition
Total judgments found: 322

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  • Judgment 3915


    125th Session, 2018
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant requested ESO to provide her with a reference certificate satisfying the requirements of German law.

    Consideration 3

    Extract:

    Under Article VII of the Statute of the Tribunal, in order for a complaint to be receivable, not only must it be directed against a final decision (paragraph 1), but it must also be filed within ninety days after the complainant was notified of the decision impugned (paragraph 2).
    As the complainant did not have any right of internal appeal, she was thus entitled to file a complaint directly with the Tribunal to contest the decision of 3 February 2016 (see, for example, Judgment 3679, consideration 4), which constituted the final decision in this matter for the purposes of Article VII of the Statute of the Tribunal.

    Reference(s)

    ILOAT reference: Article VII of the Statute
    ILOAT Judgment(s): 3679

    Keywords:

    condition; direct appeal to tribunal; former official;



  • Judgment 3283


    116th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenged the decision not to promote him earlier to grade A3.

    Judgment keywords

    Keywords:

    condition; discretion; promotion;



  • Judgment 3280


    116th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant requests that the 2010 promotion exercise, which was allegedly cancelled for budgetary reasons, be held.

    Judgment keywords

    Keywords:

    condition; discretion; personal promotion; right;

    Consideration 7

    Extract:

    The complainant contests the decision of Eurocontrol not to organize a promotion exercise for 2010.
    "[A]lthough it is debatable in principle, the general postponement of a promotion round cannot be ruled out completely when Eurocontrolís financial situation requires it in exceptional circumstances. The explanations furnished by Eurocontrol, the verisimilitude of which the Tribunal does not doubt, show that such circumstances existed in the instant case."

    Keywords:

    condition; organisation's interest; promotion;



  • Judgment 3251


    116th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant's request to be included on the list of eligible candidates for personal promotion was dismissed by the Tribunal.

    Consideration 5

    Extract:

    "The Tribunal is of the opinion that the ILO conducted the 2008 personal promotion exercise in accordance with the applicable rules and procedures. The ILO properly applied the new Office Procedure (No. 125, which took effect from 22 October 2009) to the 2008 personal promotion exercise. [...] Considering that the 2008 promotion exercise was launched after Office Procedure No. 125 took effect, the ILO was correct to follow its provisions for the promotion exercise, and not those of Circular No. 334, Series 6, as the complainant suggests. The complainant did not have any acquired right to the 2008 promotion exercise, promotions being considered ďan optional and exceptional discretionary measure which is subject to only limited review by the TribunalĒ (see Judgments 2668, under 11, 1500, under 4, 1109, under 4, and 1973, under 5)."

    Reference(s)

    Organization rules reference: Office Procedure No. 125; Circular No. 334, Series 6
    ILOAT Judgment(s): 1109, 1500, 1973, 2668

    Keywords:

    acquired right; condition; discretion; interpretation; judicial review; organisation's duties; personal promotion; provision; staff regulations and rules; written rule;



  • Judgment 3224


    115th Session, 2013
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully contests the termination of her appointment for unsatisfactory service, alleging the absence of a genuine assessment procedure.

    Consideration 7

    Extract:

    "The Tribunal recalls that a staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service, so as to be in a position to remedy the situation, and to have objectives set in advance. It also recalls that an organisation cannot base an adverse decision on a staff memberís unsatisfactory performance if it has not complied with the rules governing the evaluation of that performance. Except in a case of manifest error, the Tribunal will not substitute its own assessment of a staff memberís services for that of the competent bodies of an international organisation. Nevertheless, such an assessment must be made in full knowledge of the facts, and the considerations on which it is based must be accurate and properly established (see Judgments 3070, under 9, 2468, under 16, and 2414, under 23 and 24)."

    Reference(s)

    ILOAT Judgment(s): 2414, 2468, 3070

    Keywords:

    complaint allowed in part; condition; criteria; decision; due process; duty to inform; elements; exception; grounds; judicial review; limits; organisation's duties; patere legem; right; unsatisfactory service; work appraisal; written rule;



  • Judgment 3214


    115th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant unsuccessfully impugns the decision not to extend his appointment beyond retirement age.

    Consideration 16

    Extract:

    The complainant complains about the length of time which elapsed between the filing of his request for the extension of his appointment beyond normal retirement age and the decision taken on it.
    "Since under Article 54 of the Service Regulations the granting of an extension of an appointment is subject to the condition that it is justified in the interest of the service, the Organisation is right in saying that any decision on the subject can logically be taken only at a date relatively close to that on which the permanent employee concerned will reach normal retirement age. Indeed, if the Organisation were to proceed otherwise, the competent authority would not be in a position to make an informed assessment of the advisability of such an extension in light of that criterion."

    Reference(s)

    Organization rules reference: Article 54 of the Service Regulations for Permanent Employees of the EPO

    Keywords:

    acceptance; age limit; condition; criteria; date; decision; delay; extension; organisation's interest; request by a party; retirement; staff regulations and rules;

    Consideration 9

    Extract:

    "[T]he career of a member of staff normally ends automatically when that person reaches retirement age, and plainly there is nothing abnormal in stipulating that an extension of appointment beyond that age limit, which by definition constitutes an exceptional measure, can be granted only if it is in the interest of the service."

    Keywords:

    age limit; career; condition; exception; extension; organisation's interest; retirement; right;



  • Judgment 3204


    115th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant claims moral damages for the Unionís failure to submit to its Council the matter of the recognition of same-sex marriages.

    Consideration 9

    Extract:

    "It is settled by the Tribunalís case law that, according to the rules of good faith, anyone who was a staff member of an organisation and to whom a promise was made, may expect that promise to be kept by the organisation. However, the right to fulfilment of the promise is conditional. One condition is that the promise should be substantive. Another is that the promise is from someone who is competent or deemed competent to make it. Yet another is that the breach should cause injury to the person who relies on the promise (see Judgment 782)."

    Reference(s)

    ILOAT Judgment(s): 782

    Keywords:

    complaint allowed; complaint allowed in part; condition; formal requirements; good faith; organisation's duties; promise; staff member's duties; staff member's interest;



  • Judgment 3197


    115th Session, 2013
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal dismissed the application for review of Judgment 2946, as there was no new fact giving rise to review.

    Consideration 4

    Extract:

    "The Tribunal explained in Judgment 2693, under 2: 'A new fact is a fact on which the party claiming it was unable to rely through no fault of its own; it must be a material fact likely to have a bearing on the outcome of the case (see Judgments 748, under 3, 1294, under 2, 1504, under 8 and 2270, under 2).'"

    Reference(s)

    ILOAT Judgment(s): 748, 1294, 1504, 2270, 2693

    Keywords:

    application for review; condition; effect; judgment of the tribunal; new fact on which the party was unable to rely in the original proceedings;



  • Judgment 3196


    115th Session, 2013
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the implicit rejection of her request for disclosure of a medical report.

    Consideration 7

    Extract:

    "Although the complaint must be dismissed, the Tribunal will not entertain the Organizationís counterclaim to sanction the complainant for abuse of process. Indeed, whilst her unsubstantiated allegations of fraudulent manipulation and misrepresentation are inappropriate, they do not prove bad faith in and of themselves, and as such do not constitute an exceptional circumstance meriting the imposition of costs on the complainant (see Judgment 1962, under 4)."

    Reference(s)

    ILOAT Judgment(s): 1962

    Keywords:

    condition; costs; counterclaim; exception; vexatious complaint;



  • Judgment 3185


    114th Session, 2013
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges her performance evaluation report, alleging personal prejudice and discrimination on the part of her direct supervisor.

    Consideration 5(b)

    Extract:

    "In principle, a supervisor cannot be criticised for recording the mistakes and errors of a subordinate with a view to preparing that personís periodical performance evaluation, provided that the purpose of that action is, on the one hand, to ensure that the rating will be objective and, on the other hand, to increase the serviceís efficiency by improving the performance of the person concerned. In the instant case, however, it is plain from the evidence that this practice was consistently applied to the complainant in order to stigmatise her shortcomings. [...] Her [evaluation] report is thus tainted with a serious flaw which justifies that it be set aside".

    Keywords:

    breach; complaint allowed in part; condition; decision quashed; equal treatment; flaw; general principle; international civil servant; misconduct; organisation's interest; performance report; purpose; rating; supervisor; unsatisfactory service; work appraisal;



  • Judgment 3156


    114th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants, who are former staff representatives, unsuccessfully challenge decisions which, in their view, constituted violations of the right of staff representation.

    Consideration 16

    Extract:

    "Since organisations must prevent [any] abuse of the right of free speech [enjoyed by bodies representing the staff], the Tribunalís case law does not absolutely prohibit the putting in place of a mechanism for the prior authorisation of messages circulated by [such] bodies [...]. An organisation acts unlawfully only if the conditions for implementing this mechanism in practice lead to a breach of that right, for example by an unjustified refusal to circulate a particular message."

    Keywords:

    bias; breach; collective rights; condition; facilities; flaw; freedom of speech; judicial review; limits; organisation's interest; refusal; right; staff representative; staff union;



  • Judgment 3119


    113th Session, 2012
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Where the staff regulations of an international organisation do not enable former staff members to avail themselves of the internal means of redress, the organisation cannot legally decide to terminate an appointment without giving the person concerned sufficient time to lodge an internal appeal, otherwise he would be deprived of his right to such an appeal."

    Keywords:

    complaint allowed; complaint allowed in part; condition; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; right of appeal; staff regulations and rules; status of complainant; termination of employment;



  • Judgment 3115


    113th Session, 2012
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant alleges that senior officials misappropriated funds to the detriment of poor countries. "However, in raising that allegation before the Tribunal, she overlooks the fact that the competence of the Tribunal is clearly and exhaustively defined in Article II of its Statute, from which it follows that the Tribunal cannot interfere either with the policies of the international organisations which have recognised its competence, or with the workings of their administrations, unless a violation of the rights of a staff member is in issue. International civil servants seeking to file a complaint with the Tribunal must show that the decisions they are challenging are such as to affect personal interests of theirs which are protected by the rights and safeguards deriving from the applicable Staff Regulations and Rules, or from the terms of their appointments."

    Reference(s)

    ILOAT reference: Article II of the Statute

    Keywords:

    breach; competence of tribunal; complaint; condition; contract; exception; iloat statute; international civil servant; organisation's reputation; provision; right; safeguard; staff member's duties; staff member's interest; staff regulations and rules; supervisor; vested competence; written rule;



  • Judgment 3080


    112th Session, 2012
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 19 and 20

    Extract:

    "According to the Tribunal's case law, when an organisation is ordered to grant a financial benefit to a staff member who fulfilled the legal requirements for claiming it, but who failed to do so as soon as his/her entitlement arose, the benefit in question is due only as from the date of the initial claim by the person concerned, and not the date on which he/she became entitled to the benefit ([...] see Judgment 2550, under 6, or Judgment 2860, under 22). There would be no justification for ordering an organisation unexpectedly to pay potentially large, backdated, aggregated sums for benefits which had not been claimed by the staff member concerned when he or she should have done so. [...] [Moreover] it is true that the position would be different if the Organization itself were responsible for the fact that the [staff member] did not submit a claim [at that time]."

    Reference(s)

    ILOAT Judgment(s): 2550, 2860

    Keywords:

    amount; complaint allowed; complaint allowed in part; condition; date; delay; exception; insurance benefit; judgment of the tribunal; liability; marital status; non-retroactivity; organisation; payment; request by a party; staff member's duties;



  • Judgment 3074


    112th Session, 2012
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 15 and 16

    Extract:

    "[I]nternational organisations' staff members do not have a right to have all the conditions of employment laid down in the provisions of the staff rules and regulations in force at the time of their recruitment applied to them throughout their career.
    [M]ost of those conditions [can] be altered during [their] employment as a result of amendments to those provisions. Of course the position is different if, having regard to the nature and importance of the provision in question, the complainant has an acquired right to its continued application. However, according to the case law established in Judgment 61, clarified in Judgment 832 and confirmed in Judgment 986, the amendment of a provision governing an official's situation to his or her detriment constitutes a breach of an acquired right only when such an amendment adversely affects the balance of contractual obligations, or alters fundamental terms of employment in consideration of which the official accepted an appointment, or which subsequently induced him or her to stay on. In order for there to be a breach of an acquired right, the amendment to the applicable text must therefore relate to a fundamental and essential term of employment within the meaning of Judgment 832 (in this connection see also Judgments 2089, 2682, 2696 or 2986). The conditions for the payment of removal expenses, in particular a limit on the volume of household goods which may be shipped at the Organization's expense, plainly do not have this character [...]."

    Reference(s)

    ILOAT Judgment(s): 61, 832, 986, 2089, 2682, 2696, 2986

    Keywords:

    acquired right; amendment to the rules; applicable law; appointment; breach; career; complaint allowed; complaint allowed in part; condition; contract; date; exception; international civil servant; limits; personal effects; provision; removal expenses; right; staff regulations and rules; terms of appointment;



  • Judgment 3073


    112th Session, 2012
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "According to the case law, an international organisation which decides to hold a competition in order to fill a post cannot select a candidate who does not satisfy one of the required qualifications specified in the vacancy notice. Such conduct, which is tantamount to modifying the criteria for appointment to the post during the selection process, incurs the Tribunal's censure on two counts. Firstly, it violates the principle of patere legem quam ipse fecisti, which forbids the Administration to ignore the rules it has itself defined. In this respect, a modification of the applicable criteria during the selection procedure more generally undermines the requirements of mutual trust and fairness which international organisations have a duty to observe in their relations with their staff. Secondly, the appointment body's alteration, after the procedure had begun, of the qualifications which were initially required in order to obtain the post, introduces a serious flaw into the selection process with respect to the principle of equal opportunity among candidates. Irrespective of the reasons for such action, it inevitably erodes the safeguards of objectivity and transparency which must be provided in order to comply with this essential principle, breach of which vitiates any appointment based on a competition. (See Judgments 1158, 1646, 2584 and 2712.)"

    Reference(s)

    ILOAT Judgment(s): 1158, 1646, 2584, 2712

    Keywords:

    amendment to the rules; appointment; breach; candidate; competition; complaint allowed; condition; criteria; decision quashed; equal treatment; equity; flaw; grounds; organisation's duties; patere legem; safeguard; vacancy notice; working relations; written rule;



  • Judgment 3039


    111th Session, 2011
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "[A]s the Tribunal stated in Judgment 2064, under 5, performance reports continue to be useful even if deadlines have not been respected, and failure to meet a deadline cannot on its own be a reason for setting aside reports. However, depending on the case, the effect that the delay has on the report's content will be taken into account."

    Reference(s)

    ILOAT Judgment(s): 2064

    Keywords:

    breach; complaint allowed; condition; consequence; decision quashed; delay; judicial review; performance report; time limit;



  • Judgment 3010


    111th Session, 2011
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    Abolition of post and termination of contract following restructuring / Failure by the Organization to consult the joint advisory body (Appointment and Promotion Board) prior to terminating the complainant's contract .
    "[T]he purpose of a provision requiring referral of the proposed termination of a contract to an advisory body is, as stated in Judgment 2352, 'to allow that body to ensure that all the conditions for taking such a step are met, with a view to submitting a recommendation to the executive head'".

    Reference(s)

    ILOAT Judgment(s): 2352

    Keywords:

    advisory body; condition; contract; decision; executive head; provision; purpose; recommendation; termination of employment;



  • Judgment 2972


    110th Session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    Existence of an acquired right to work night shifts and to receive the corresponding allowance.
    "An acquired right is breached when 'an amendment adversely affects the balance of contractual obligations by altering fundamental terms of employment in consideration of which the official accepted an appointment, or which subsequently induced him or her to stay on' (see Judgment 2682, under 6)."

    Reference(s)

    ILOAT Judgment(s): 2682

    Keywords:

    acceptance; acquired right; amendment to the rules; breach; condition; contract; terms of appointment;



  • Judgment 2962


    110th Session, 2011
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The Organization asks the Tribunal to 'delete' certain passages from the complaint, as in its view they have no bearing on this dispute. The Tribunal will not grant this request, because complainants are free to present any argument that they consider relevant to their case, provided that they do not use terms or a tone overstepping the bounds of what is permissible in judicial proceedings."

    Keywords:

    claim; complaint; condition; discontinuance; limits; organisation; refusal;

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Last updated: 04.06.2020 ^ top