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Condition (589,-666)

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Keywords: Condition
Total judgments found: 321

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  • Judgment 826


    62nd Session, 1987
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    See Judgment 831, consideration 18.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;



  • Judgment 825


    62nd Session, 1987
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    See Judgment 831, consideration 18.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;



  • Judgment 809


    61st Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    In order to justify the imposition of special leave, it "must be shown [...] that use was not made of the special leave for any purpose extraneous to the Organization's interests and that the arrangement was a reasonable though not necessarily the only reasonable way out of the dilemma."

    Keywords:

    condition; organisation's duties; organisation's interest; purpose; special leave;



  • Judgment 803


    61st Session, 1987
    International Computing Centre (World Health Organization)
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    According to the Tribunal's case law, a contract is concluded only if both parties have shown contractual intent, all the essential terms have been agreed on and all that may remain is a formality requiring no further agreement. The Tribunal holds that in this case those conditions are not fulfilled. The complainant neither accepted the work plan put to him by the defending organisation nor proved that promises were made to him.

    Keywords:

    case law; condition; contract; definition; iloat; intention of parties; lack of evidence; promise;



  • Judgment 794


    60th Session, 1986
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    According to PAHO provisions in force, the holder of a professional post must have a university degree [the general rule]. However, an exception may be made for a person who "has attained a body of theoretical knowledge in a recognised field through personal application or effort".

    Keywords:

    appointment; condition; degree; exception; professional category; professional experience;



  • Judgment 792


    60th Session, 1986
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The Tribunal refers to the principle laid down in Judgment no. 767: the administration may alter its procedure, "but the change must be properly made known and may not be retroactive." In this case, the change concerns the construction of a provision in the Staff Regulations.

    Reference(s)

    Organization rules reference: ARTICLE 11.16 OF THE ILO STAFF REGULATIONS
    ILOAT Judgment(s): 767

    Keywords:

    amendment to the rules; condition; duty to inform; interpretation; non-retroactivity; practice; staff regulations and rules;



  • Judgment 782


    60th Session, 1986
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The right to fulfillment of a promise "is conditional. One condition is that the promise should be substantive, i.e. to act, or not to act, or to allow. Others are that it should come from someone who is competent or deemed competent to make it; that breach should cause injury to him who relies on it; and that the position in law should not have altered between the date of the promise and the date on which fulfillment is due. It does not matter what form the promise takes: it may be written or oral, express or implied."

    Keywords:

    condition; contract; formal requirements; permanent appointment; promise;



  • Judgment 766


    59th Session, 1986
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant "claims to remain entitled to expatriate benefits, which are payable only to a staff member who is serving outside the country and area of his recognised place of residence."

    Keywords:

    condition; duty station; non-resident allowance; residence;



  • Judgment 762


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Before the Tribunal will join two or more complaints, two conditions must be fulfilled. the first is that the substance of the claims must be the same, whatever their wording. The second is that the material facts, viz. those on which the claims rest, should be the same. [...] It is immaterial that the complainants advance more or less different pleas since the content of the pleas lays no constraint on the Tribunal's ruling."

    Keywords:

    application of law ex officio; complaint; condition; definition; identical claims; joinder;



  • Judgment 754


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "For the plea to succeed there must be different treatment of staff members who are in the same administrative position. Where the circumstances differ, so may the treatment provided that it is a fair, reasonable and logical outcome of the difference."

    Keywords:

    condition; equal treatment; general principle;



  • Judgment 748


    59th Session, 1986
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "[A] new fact will constitute admissible grounds for an application for review only provided that 1) it would have had some effect on the Tribunal's decision and 2) the applicant was unable, for reasons beyond his control, to rely on it in the original proceedings."

    Reference(s)

    ILOAT Judgment(s): 665

    Keywords:

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



  • Judgment 703


    57th Session, 1985
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The alleged promises were not in writing, the FAO denies they were ever made and it is not proved that they were. Besides, to be enforceable, they would have had to be agreed to by both organisations".

    Keywords:

    condition; contract; extension of contract; fixed-term; non-renewal of contract; promise; secondment;



  • Judgment 676


    56th Session, 1985
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    A staff member may ask the administration for review of a decision either when some new and unforeseeable fact of decisive importance has occurred since the decision was taken or where the staff member is relying on facts or evidence of which he was not and could not have been aware before the decision was taken. If either condition is fulfilled the administration is under a duty to review, and the new decision will set a new time limit.

    Keywords:

    case reopened; complainant; condition; internal appeal; internal appeals body; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; request by a party; start of time limit; time limit;



  • Judgment 663


    56th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Before the Tribunal will join complaints and deal with them in a single judgment two conditions must be fulfilled. The first is that the substance of the claims must be the same. Whether they are stated differently is of no account: what matters is that the Tribunal should be able to rule on them in a single decision. The second condition is that the material facts, viz. those on which the claims rest and which are relevant thereto, should be the same. The complaints need not all contain the same arguments and rest on the same legal reasoning. The Tribunal rules as it sees fit and is not constrained by the parties' submissions."

    Keywords:

    application of law ex officio; condition; identical claims; identical facts; joinder;



  • Judgment 661


    56th Session, 1985
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The right of appeal to the Tribunal does not belong to everyone but only to those who have sufficiently close links with the organisation [...] Not every former official may lodge a complaint, but only one who is alleging some right arising under the terms of his appointment."

    Keywords:

    condition; locus standi; separation from service;



  • Judgment 657


    55th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The job descriptions require five years' experience for promotion. It is clear from the guidelines that is a minimum requirement. "The President therefore acted correctly, when he came to apply the provisions on the minimum requirements, in adopting a requirement of eight years' experience for both recruitment and promotion [...] A requirement of eight years' experience is compatible with the rules."

    Keywords:

    appointment; condition; post description; professional experience; promotion;

    Consideration 1

    Extract:

    For the Tribunal to join two or more complaints and deal with them in a single judgment, both the substance of the claims and the material facts should be the same. "The complainants need not all have the same arguments. The Tribunal rules as it sees fit and is not constrained by the parties' submissions, variations between them being immaterial."

    Keywords:

    condition; identical claims; identical facts; joinder;



  • Judgment 656


    55th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Vide Judgment 657, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 657

    Keywords:

    condition; identical claims; identical facts; joinder;



  • Judgment 651


    55th Session, 1985
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant maintains that the organization denied him the priority he was entitled to under the reduction-in-force procedure in the Staff Rules. He refers to the existence of five posts, "but he fails to establish that he was qualified for any of them or better qualified than the incumbents. In other words, he has not shown that the conditions for granting him the priority he claims were fulfilled."

    Keywords:

    abolition of post; condition; priority; qualifications; reassignment; termination of employment; vacancy;

    Consideration 5

    Extract:

    The organization "terminated [the complainant] and it did not provide for replacing him: it abolished his post."

    Keywords:

    abolition of post; condition; definition;



  • Judgment 649


    55th Session, 1985
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "A judgment carries the force of res judicata from the date on which it is handed down. Though it is subject to review thereafter, the Tribunal will review it only in exceptional circumstances. Some pleas in support of an application for review, such as misappraisal of evidence, are inadmissible. Others, such as material error or the discovery of new facts, are not; but for the application to succeed they must be such as to affect the decision."

    Keywords:

    admissible grounds for review; application for review; condition; exception; judgment of the tribunal; misinterpretation of the facts; res judicata;



  • Judgment 648


    55th Session, 1985
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    It is proper for an organization to wish to have full information on candidates in order to secure staff of sound technical competence and high moral integrity. "Whether the candidate qualifies is a matter which the executive head must be left to determine at his discretion, and the Tribunal will not review the exercise of such discretion."

    Keywords:

    appointment; condition; discretion; fitness for international civil service; judicial review; qualifications;

    Consideration 4

    Extract:

    Before formally offering the candidate an appointment, the organization will ask for information from his employer and other suitable referees. "The Tribunal sees nothing untoward in taking account of such information in recruiting an international civil servant, the practice deriving from a reasonable desire to have full information on candidates and secure staff of sound technical competence and high moral integrity."

    Keywords:

    appointment; condition; evidence; offer; qualifications;

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