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Condition (589,-666)

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Keywords: Condition
Total judgments found: 321

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  • Judgment 524


    49th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "[It is not] in breach of the principle of equality of treatment to demand any particular language qualifications or specialised knowledge for a vacancy. The principle requires equal treatment and absence of discrimination only where the circumstances are similar. Where the very nature of the post to be filled makes special qualifications necessary, it is reasonable and right for the organisation to require that candidates possess them."

    Keywords:

    appointment; competition; condition; equal treatment; judicial review; knowledge of languages; qualifications; vacancy;



  • Judgment 521


    49th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant, like two other candidates [Judgments Nos. 519 and 520] was rejected for a particular vacancy for lack of a university degree. "Had it not been for this lack, he would have had a strong claim to be considered, since he had for five years been second in command of the unit to which the post belonged and during an earlier vacancy he had for over a year been in charge of the unit."

    Reference(s)

    ILOAT Judgment(s): 519, 520

    Keywords:

    appointment; candidate; competition; condition; degree; professional experience; qualifications; vacancy;

    Considerations

    Extract:

    The Board of Appeal expressed the opinion that the educational requirements for the post in question were excessive and tended to restrict staff career opportunities. "The point can be brought within the competence of the Tribunal only if there is an allegation, which in this case there is not, that the imposition of minimum qualifications is a breach of some regulation or rule or of some term of the complainant's contract of employment."

    Keywords:

    appointment; competence of tribunal; competition; condition; degree; judicial review; qualifications; vacancy;



  • Judgment 519


    49th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant's application for an appointment was eliminated because he did not meet the minimum qualification [a university degree]. "He asserts, which may be right, that the qualifications are higher than those needed for the job", but does not support the allegation. He makes other allegations of procedural irregularities and general prejudice against him, "allegations which it is unnecessary to consider since, so long as the educational qualification stands, the rejection of the complainant was inevitable."

    Keywords:

    appointment; candidate; competition; condition; degree; judicial review; professional experience; qualifications; vacancy;



  • Judgment 518


    49th Session, 1982
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    It is stipulated under a staff regulation that the organisation shall, under certain conditions, pay the fees charged by an international school, in which case the right to the education allowance established under two other regulations shall be waived. The Tribunal inferred from the reference to these two regulations that the material rule has the same scope as the other two rules, namely that it applies to primary schools but not to nursery schools or kindergartens. The complaint, which applied for reimbursement of kindergarten fees, is dismissed. [There is no breach of the principle of equality.]

    Keywords:

    condition; education expenses; enforcement; provision; refund; staff regulations and rules;



  • Judgment 512


    49th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    According to Judgment No. 247, "to bring insubordination within the concept of unsatisfactory service - and to with hold an increment on that account - two conditions must be fulfilled. The positive condition is that it must be established that the insubordination did in the particular case affect the quality of the officer's service. The negative condition is that the insubordination must not in the particular case give rise to a dispute."

    Reference(s)

    ILOAT Judgment(s): 247

    Keywords:

    condition; increment withheld; insubordination; unsatisfactory service;



  • Judgment 509


    48th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "[The complainant's] claims for compensation are irreceivable because there is no previous decision."

    Keywords:

    condition; decision; receivability of the complaint; request by a party;



  • Judgment 499


    48th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The organisation confined itself to procedural issues. If the defendant considers the complaint to be clearly vexatious, it may apply to the Tribunal, before filing its memorandum, for permission to confine its arguments to the decisive point. "Otherwise [the defendant] will incur the danger that, instead of adjourning, as in the present case, the Tribunal declare the allegations of fact in the complaint to be established."

    Keywords:

    acceptance; case sent back to organisation; condition; further submissions on the merits; reply confined to receivability; tribunal;



  • Judgment 497


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    As the money [an education grant] was paid by mistake, prima facie it is recoverable. "But the extent to which recovery will be ordered depends on the circumstances of the case. In this case the Tribunal considers that it will be sufficient if the complainant repays half."

    Keywords:

    allowance; condition; education expenses; recovery of overpayment; unjust enrichment;



  • Judgment 476


    47th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Even where it has no reason to set a decision aside, the Tribunal may award moral damages to a complainant who, on account of injury to his dignity and reputation, has suffered serious prejudice such as to hamper his career."

    Keywords:

    condition; moral injury; professional injury; respect for dignity;



  • Judgment 472


    47th Session, 1982
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4, 7 and 8

    Extract:

    According to a statutory provision, an education allowance is payable for a child "regularly attending, on a full-time basis, an educational establishment." The purpose of the intensive language courses taken by the complainant's son was to provide "further instruction in a particular area, not in furtherance of general education, but solely to facilitate in practice the exercise of a profession." The fact that the studies lasted for six consecutive months does not alter the character of the studies. The school in question "can be regarded only as a college providing training for taking up employment." The allowance is therefore not payable.

    Keywords:

    allowance; condition; education expenses;



  • Judgment 470


    47th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "That a staff member should have been the subject of a flawed decision does not alone entitle him to compensation for moral prejudice. For that he must have suffered more severe prejudice than that normally caused by an improper decision." In this case the impugned decision "is unlikely to have had abnormal effects. In any event, insofar as it was based on lack of funds it was in no way humiliating. Moreover, the moral prejudice [...] has been mitigated by his appointment with the government".

    Keywords:

    condition; decision; flaw; moral injury;



  • Judgment 462


    46th Session, 1981
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "According to the Tribunal's present case law, an acquired right is a right the grant of which was of decisive importance to the staff member when he accepted an appointment with the organisation. [...] But the notion of acquired rights should be developed to take account of situations analogous to those which gave rise to the doctrine." Staff members should not be arbitrarily deprived of the right to an allowance provided for in the Rules.

    Keywords:

    acquired right; allowance; condition; definition; knowledge of languages;

    Consideration 6

    Extract:

    The essential condition for continued payment of the allowance is continued proficiency. The method by which such proficiency is to be ascertained is not of the essence. The Director-General's changing the method does not constitute arbitrary deprivation of an acquired right.

    Keywords:

    acquired right; allowance; amendment to the rules; condition; knowledge of languages;



  • Judgment 461


    46th Session, 1981
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant did not file his internal appeal through the usual channels set out in the Staff Regulations. Besides, for there to be an appeal the person concerned must have clearly indicated his intention to challenge the decision to which he objects.

    Keywords:

    condition; internal appeal; procedure before the tribunal; receivability of the complaint;



  • Judgment 452


    46th Session, 1981
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The organization's Governing Council decided to consider all general service officials, recruited after a certain date, as local staff and the Tribunal accepts that reinstatement is not the same as recruitment. But the fact that the Director-General could, consistent with the Council's declaration, have continued to reinstate non-local staff does not mean that he is required to do so. He is free to act as he wishes and the Tribunal cannot interfere.

    Keywords:

    appointment; condition; difference; discretion; general service category; local status; non-local status; reinstatement;



  • Judgment 450


    46th Session, 1981
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "Even if the challenged decision suffers from no flaw which warrants quashing it, a staff member will be awarded compensation for any especially grave moral prejudice caused by the organisation's action".

    Keywords:

    condition; moral injury;



  • Judgment 447


    46th Session, 1981
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "Where the impugned decision is not unlawful such compensation is due only in exceptional circumstances, viz. where the wrong is especially grave. On the other hand, where the decision is unlawful, the wrong need not be especially grave for an award of compensation for moral prejudice: it is enough for the Tribunal to find a serious wrong."

    Keywords:

    condition; decision; flaw; moral injury;



  • Judgment 442


    46th Session, 1981
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8(G)

    Extract:

    An application for review "will fail unless it relies on flaws which may have an effect on the Tribunal's decision."

    Reference(s)

    ILOAT Judgment(s): 404

    Keywords:

    application for review; condition; consequence; flaw; receivability of the complaint;



  • Judgment 437


    45th Session, 1980
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "For [a claim for damages for moral prejudice] to succeed the organisation's attitude ought to have caused him emotional disturbance beyond that caused by the ordinary setbacks of life." This was not the case; the fault of which he was accused - not keeping proper working hours - did not cast any discredit on him. "Besides, to award damages for moral prejudice would be to allow that the charge was false, and that, on the evidence before it, the tribunal cannot do."

    Keywords:

    condition; moral injury; unsatisfactory service; work appraisal;



  • Judgment 436


    45th Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Under Article VIII of its Statute the Tribunal is entitled to award the complainant compensation for the injury caused to him. "For this purpose the Tribunal may under Article 11 of its Rules order such measures of investigation as it considers desirable. But it will not order an investigation merely for the sake of ascertaining the facts; the investigation must be in aid of some relief, such as reinstatement or compensation, which it is within the jurisdiction of the Tribunal to grant."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE;
    ARTICLE 11 OF THE RULES


    Keywords:

    competence of tribunal; condition; further submissions; iloat statute; injury; inquiry; investigation; material damages; moral injury; submissions;



  • Judgment 431


    45th Session, 1980
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3-4

    Extract:

    "It is true that an official may have a good reason for waiving his rights. But the Tribunal will not consider such waiver to be established unless it may be clearly inferred from all the circumstances of the case. It may not be inferred merely from statements which the official may have made on one particular day: it must be evident from his general attitude over a longer period of time." The complainant's signature (on an extension of contract) cannot be interpreted in the present case as a waiver which precludes his claiming relief from the Tribunal.

    Keywords:

    condition; contract; extension of contract; fixed-term; non-renewal of contract; right of appeal; waiver of right of appeal;

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Last updated: 22.02.2021 ^ top