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Condition (589,-666)

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Keywords: Condition
Total judgments found: 321

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  • Judgment 426


    45th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4-5

    Extract:

    The complainant's contract stated: "Income tax reimbursable on PAHO/WHO earnings only". There is not in the contract nor in statutory provisions a comprehensive definition of "earnings". In its natural meaning the word covers all the emoluments and benefits paid by the employer to the staff member. "In the opinion of the Tribunal 'earnings' do not, in the absence of an express provision to the contrary, include a lump-sum payment, payable not by the employer but by the Fund in which the staff member has in effect invested a part of his earnings."

    Keywords:

    condition; lump-sum; refund; tax;



  • Judgment 423


    45th Session, 1980
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    When a staff member seeks further information and explanations on a decision which the organisation has notified to him, there is reason to believe that his own opinion differs from the organisation's. But merely to state that there is absence of agreement will not suffice to constitute a complaint. The internal means of appeal, which require that a complaint is submitted to the competent authority, were not exhausted when the complaint was filed; the complaint is dismissed.

    Keywords:

    condition; internal appeal; internal remedies exhausted; receivability of the complaint;



  • Judgment 422


    45th Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant seeks to have his step-daughter recognised as his dependant on the basis of a statutory provision which stipulates that where both parents are staff members, the children shall be recognised as the dependants of that parent holding the higher level post. Any child who is "de facto fully dependent upon a staff member" may be recognised as dependent. The Director-General believed that so long as the wife was a staff member in receipt of child allowance, the step-child was partly dependent on her. This decision is not tainted by any flaw. The complaint is dismissed.

    Keywords:

    condition; dependant; dependent child;



  • Judgment 416


    44th Session, 1980
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The rights that arise from the performance of duties (remuneration, promotion, guarantee of employment) are suspended until reinstatement. "Reinstatement is [...] subject to two cumulative conditions: first, there must be a vacant post and, secondly, the staff member must be qualified for it."

    Keywords:

    career; compassionate leave; condition; consequence; qualifications; reinstatement; special leave; vacancy;



  • Judgment 408


    44th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "According to Article VII, paragraph 1, of the Statute of the Tribunal a complaint shall be receivable only if the internal means of redress provided in the Staff Regulations have been exhausted. That rule requires the complainant not just to appeal to an internal body but to await the decision on his appeal before filing a complaint."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE

    Keywords:

    condition; iloat statute; internal remedies exhausted; receivability of the complaint;



  • Judgment 392


    43rd Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    A provision exists for the termination of appointment in the event of abandonment of post. The rule must be interpreted in the light of the ordinary principles of contract law. "If one party to a contract fails or refuses to perform his duties under the contract in circumstances which show that he does not intend ever again to resume them, i.e. show [...] that he is abandoning his post, the other party is entitled to treat the contract as at an end".

    Keywords:

    abandonment of post; condition; consequence; law of contract;



  • Judgment 391


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "A right is acquired when he who has it may require that it be respected notwithstanding any amendments to the rules." Either of the following circumstances may give rise to an acquired right: a) "a right should be considered to be acquired when it is laid down in a provision of the Staff Regulations or Staff Rules and is of decisive importance to a candidate for appointment"; b) "a right will be acquired if it arises under an express provision of an official's contract of appointment and both parties intend that it should be inviolate."

    Keywords:

    acquired right; amendment to the rules; condition; contract; definition; provision; staff regulations and rules; terms of appointment;

    Consideration 6

    Extract:

    "A right will be acquired if it arises under an express provision of an official's contract of appointment and both parties intend that it should be inviolate. Thus not all rights arising under a contract of appointment are acquired rights, even if they relate to remuneration: it is of the essence that the contract should make express or implied provision that the rights will not be impaired."

    Keywords:

    acquired right; condition; contract; provision;



  • Judgment 369


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "An acquired right might be established in the present case only if, either expressly or by implication, for example in the light of conclusive evidence, the complaint's contract of appointment had guaranteed the benefits he is claiming. [...] He cannot rely on any clause in his contract: there is no express guarantee."

    Keywords:

    acquired right; condition; contract; provision;



  • Judgment 366


    41st Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Many [...] officials [of the organisation] have filed applications to intervene. They are entitled to join in the present proceedings as interveners insofar as their factual and legal position is identical or at least similar to that of the complainants."

    Keywords:

    condition; intervention; receivability of the complaint;



  • Judgment 365


    41st Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Vide Judgment 366, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 366

    Keywords:

    condition; intervention; receivability of the complaint;



  • Judgment 363


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    If, as "is very doubtful, the language of the letter [...] is sufficient to attach to the payment the condition that the complainant would by accepting it abandon his right to appeal to the Tribunal, this condition would be invalid and of no effect."

    Keywords:

    acceptance; condition; installation allowance; payment; waiver of right of appeal;

    Consideration 8

    Extract:

    "'May' makes it clear that the official whose duty it is to give or with hold approval is to apply his own judgement to the questions. [...] But the use of the word 'may' is quite inadequate to confer on the official a large and unbounded discretion so that, even where the conditions were manifestly fulfilled, he could for any other reason that appealed to him or for no reason given with hold the allowance." [At issue is a provision permitting the extension of installation-allowance payments.]

    Keywords:

    condition; discretion; extension of contract; installation allowance; limits; period;



  • Judgment 349


    40th Session, 1978
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 29

    Extract:

    "The complainant can only claim overtime in accordance with his contract and his contract was never amended. [...] The complainant cannot base a separate claim for overtime on a provision that was not a term of his contract [...]."

    Keywords:

    condition; contract; overtime; payment; provision; right;



  • Judgment 347


    40th Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The principle of equality, which is embodied in [the Staff Regulations], may be infringed in one of two ways: either by treating differently cases which are plainly alike, or by treating in the same way cases which are plainly unlike."

    Keywords:

    breach; condition; equal treatment; general principle;



  • Judgment 339


    40th Session, 1978
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "[F]or jurisdiction to be conferred on the Tribunal the complainant must establish that there was a binding contract of appointment; but if, as here, there is a dispute about that, it is a dispute which under paragraph 7 [of Article Il of its Statute] the Tribunal is competent to determine."

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 7, OF THE STATUTE

    Keywords:

    competence of tribunal; condition; contract; evidence;

    Consideration 12

    Extract:

    The parties are bound by a contract for conditional appointment. One condition relates to "government and other internal clearances". The dossier contains no explanation of what this phrase means. "[S]ince it occurs in a document composed and proffered by the organization it is for the organization in the first place to attribute a meaning to it. Without this elucidation the Tribunal cannot hold that the condition has not been fulfilled [...]."

    Keywords:

    acceptance; condition; contract; judicial review; medical examination; member state; offer;

    Consideration 11

    Extract:

    The language and form of the document and the circumstances in which it was executed support the view that the organization intended to make a commitment, albeit one that was subject to conditions. "Owing to its failure to distinguish between a contract to appoint and the fact of appointment itself, the organization erroneously believed that it would not be legally bound until the appointment was actually made."

    Keywords:

    appointment; condition; consequence; contract; formal requirements; intention of parties; organisation's duties;

    Considerations 11-12

    Extract:

    There is nothing to suggest that the organization did not at the time of the contract intend to commit itself. The letter announcing the cancellation did not suggest that there had never been any commitment. The reason given was the financial situation of another body which was said to constitute a case of force majeure [...]. This point has not been pursued. the document constituted a contract for a conditional appointment.

    Keywords:

    budgetary reasons; condition; contract; force majeure; grounds; intention of parties; offer; offer withdrawn; organisation;



  • Judgment 334


    40th Session, 1978
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant argues that as a permanent official who had lost his post he was entitled to be appointed to a suitable vacant post without having to take a test. The applicable regulation provides for the grant of priority subject to two conditions: the existence of a suitable vacant post and the staff member's capacity to give useful service in that post. "To determine whether the two conditions are met it may sometimes be necessary to test the staff member whose post has been abolished." There was no mistake of law.

    Reference(s)

    Organization rules reference: SECTION 9.1 ITU STAFF REGULATIONS AND STAFF RULES

    Keywords:

    abolition of post; condition; contract; permanent appointment; priority; probationary period; qualifications; reassignment; termination of employment; vacancy;



  • Judgment 324


    39th Session, 1977
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "It is [...] immaterial whether the complainant caused his employer any material prejudice. What matters is that he committed a breach of duty which warranted the decision not to renew his appointment."

    Keywords:

    condition; consequence; contract; misconduct; non-renewal of contract; staff member's duties;



  • Judgment 319


    39th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    FAO Manual Section 311.112 provides for the possibility of a staff member's status at the time of recruitment to be modified at a later stage. In context this "is an introductory provision or recital to be distinguished from an operative rule; it is informative and not normative. This is shown also by its language. It neither itself requires anything to be done nor confers a power of command on any person. It is merely pointing out [...] that a change of status may be caused by a number of factors [...]."

    Reference(s)

    Organization rules reference: PARAGRAPH 311.112 FAO MANUAL

    Keywords:

    amendment to the rules; condition; criteria; local status; non-local status; provision; staff regulations and rules; status of complainant;



  • Judgment 317


    39th Session, 1977
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The organisation and the Provident Scheme jointly concluded a contract with the complainant. "According to Article VII of its Statute the Tribunal hears complaints which challenge decisions and decisions alone, and that excludes contracts, for example. Unless the complainant is impugning a decision her complaint is irreceivable. If the complainant wished to avoid or vary the contract [...] she ought first to have asked the other parties and called for decisions from them on the matter. Those are the only kind of decisions she might have impugned before the Tribunal."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    application for quashing; cause of action; competence of tribunal; condition; contract; iloat statute; no cause of action; receivability of the complaint;



  • Judgment 307


    38th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    There can be a binding contract before a letter of appointment has been issued. "There is a binding contract if there is manifest on both sides an intention to contract and if all the essential terms have been settled and if all that remains to be done is a formality which requires no further agreement."

    Keywords:

    condition; contract; definition; evidence; intention of parties;



  • Judgment 294


    38th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    According to the definition in the applicable provision, the increase from one step to the next higher step is given "on the basis of satisfactory service during a qualifying period [...]. This definition must be considered in the light of well-established practice [...]. In practice [...] the qualifying period is virtually a fixed period and an officer whose increment was withheld otherwise than on the grounds of unsatisfactory service would be recognised as having cause for complaint."

    Keywords:

    condition; definition; grounds; increment; increment withheld; satisfactory service;

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Last updated: 03.03.2021 ^ top