ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword

Condition (589,-666)

You searched for:
Keywords: Condition
Total judgments found: 321

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 | next >



  • Judgment 292


    38th Session, 1977
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The provision on school fees "provides for an allowance and not the reimbursement of fees; it does not require proof of the amount actually spent".

    Keywords:

    allowance; condition; education expenses; evidence; refund;

    Consideration 17

    Extract:

    The Tribunal will not rule whether a rule of application can be amended by an office notice. "It will assume for the purposes of this case that a valid amendment can be made by office notice, provided that: a) the document containing the amendment is made by the Director-General himself; b) the intention to amend is made clear in the document; c) the amendment is clear in its effect; d) the amendment is not deemed effective to deprive an official of essential acquired rights."

    Keywords:

    acquired right; administrative instruction; amendment to the rules; competence; competence of tribunal; condition; executive head; judicial review; staff regulations and rules;

    Consideration 20

    Extract:

    "An office notice is the instrument by which the administration communicates in general terms with the staff membership. It may be used for many purposes besides the amendment of the rules of application. In order to be effective as an amendment it must therefore be made clear on the document itself that amendment is its purpose."

    Keywords:

    administrative instruction; amendment to the rules; condition; effect; purpose; staff regulations and rules;

    Consideration 25

    Extract:

    " [I]t is within the power of the Director-General to lay down by means of an instruction criteria for determining what is or is not 'reasonably near', provided that in doing so he has proper regard to the nature and purpose of the [material provision]. [...] He must be guided by accessibility for school children [...] to lay down [...] that for every official [...] every school within a radius of 50 kilometers [...] is to be deemed accessible is not a proper exercise of the power. Accordingly the provision to this effect [...] is not binding upon the complainant."

    Keywords:

    administrative instruction; competence; condition; criteria; education expenses; enforcement; executive head; interpretation; provision; refund; staff regulations and rules;



  • Judgment 283


    37th Session, 1976
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "[A]ll the material documents and decisions were notified to the complainant. He was also given an opportunity to make any comments he thought relevant on those documents and decisions. He cannot therefore properly maintain that his right to a hearing was denied."

    Keywords:

    condition; right to reply;



  • Judgment 271


    36th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "[I]t is permissible for the Director-General to determine that staff members whose home is in the country of their duty station are not eligible, since the visit would not then serve the purpose of maintaining international links. But once it is accepted that, as the Tribunal has held, on its proper construction the regulation provides that eligible members shall be paid the whole cost, it is not permissible for the Director-General to say that in certain circumstances only those members will be eligible who are prepared to pay part of the cost themselves."

    Keywords:

    amount; condition; dependant; discretion; home leave; limits; rate; refund;



  • Judgment 270


    36th Session, 1976
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The provision concerning the reimbursement of travel expenses "is to enable staff members and their family to visit their place of origin from time to time. Hence it does not apply in respect of a wife and children who live in the place of origin."

    Keywords:

    condition; dependant; home leave; purpose; refund; residence; travel expenses;

    Consideration 4

    Extract:

    If the parents are separated, "payment of [the higher school]allowance is warranted where the child attends school away from the place of residence of the parent with whom he normally lives [...] if [...] the child attends school at the place of residence of the parent who has custody of him, that is a normal situation and there is no reason to pay the allowance at the higher rate. It is immaterial that the parents are separated and that, though living with his mother, the child is a dependant of the father. It is true that in the present case the child's maintenance is in general more costly to the father than it would be if father and son were living together. But that is a consequence not of the choice of school but of the separation of the parents, and the organisation cannot be held liable therefor."

    Keywords:

    allowance; amount; condition; dependent child; education expenses; parents separated; rate; residence;

    Consideration 1

    Extract:

    "According to Article VII, paragraph 1, of the Statute of the Tribunal a complaint is receivable only if the complainant has exhausted all means of redress available to him under the staff regulations, i.e. the internal means of redress. Hence [...] staff members [of the defendant organisation] may lodge a complaint with the Tribunal only if within a period of three months they have submitted an appeal to the [competent] authority [...] as provided for [in the regulations]. Moreover, the complainant's claims for relief are receivable only if they fall within the scope of that appeal."

    Reference(s)

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

    Keywords:

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



  • Judgment 269


    36th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "[A]n organisation may properly decide to abolish a post in one or the other of two contingencies - either when it ceases to perform certain functions or when it relieves the responsible staff member of those functions and assigns them to one or more other staff members."

    Keywords:

    abolition of post; condition; reorganisation;



  • Judgment 254


    34th Session, 1975
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "[W]hether the superior is in error or not, there is nothing in the dossier to show that the criticism does not express his honest opinion. For the Tribunal to interfere in the case of an appraisal report what must be shown is not a preconceived opinion in the mind of the maker of the report but a wrongful motivation."

    Keywords:

    bias; condition; consequence; injury; performance report; unsatisfactory service;



  • Judgment 251


    34th Session, 1975
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "In choosing from among several candidates [...] length of service and university education are not the sole criteria. In fact the most important one is fitness for the vacant post."

    Keywords:

    appointment; candidate; condition; degree; elements; qualifications; seniority; vacancy;



  • Judgment 250


    34th Session, 1975
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    A clause in the complainant's contract provides for compensation in the event of "illness". It is unclear whether the term applies to all cases of illness or only to cases of illness which were due to performance of duties. Under the second interpretation, the person concerned would be entitled to full compensation for the prejudice suffered and its direct consequences, for example disability. "Without settling that question, and assuming in the complainant's favour that the second interpretation is correct", the Tribunal notes that the illness was not related to the performance of his duties.

    Keywords:

    compensation; condition; contract; illness; injury; interpretation; provision; service-incurred;



  • Judgment 248


    34th Session, 1975
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "A staff member cannot properly be dismissed for reasons of health unless he is no longer physically or mentally fit for work."

    Keywords:

    condition; health reasons; incapacity; medical fitness; termination of employment;

    Considerations

    Extract:

    "A staff member cannot properly be dismissed for disciplinary reasons unless he has committed misconduct in the performance of his duties or in the course of such performance or in some manner directly connected therewith."

    Keywords:

    condition; disciplinary measure; misconduct; termination of employment;



  • Judgment 245


    33rd Session, 1974
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The director of personnel had informed the complainant that fixed-term contracts "[...]'can be followed by [further] fixed-term contracts depending upon the needs of the [organisation's] programme and work performances of the staff member concerned'. The complainant could not infer from that statement [...] any right to continue in the [organisation's] service until completion of the programme to which he had been assigned and for as long as his work performance was satisfactory. On the contrary, by using the word 'can' the [organisation] reserved the right to terminate his appointment even if the stipulated conditions were fulfilled."

    Keywords:

    condition; contract; extension of contract; fixed-term; non-renewal of contract; organisation's duties;



  • Judgment 240


    33rd Session, 1974
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "A request for interpretation of a judgment by the Administrative Tribunal is receivable only if the operative part of the judgment gives rise to uncertainty or ambiguity about its meaning or purport."

    Reference(s)

    ILOAT Judgment(s): 211

    Keywords:

    application for interpretation; condition; receivability of the complaint;



  • Judgment 238


    33rd Session, 1974
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The process of selection of civil servants should by its very nature be based not just on the results of an examination but on any other useful criteria. Account should be taken, not only of the candidates' possession of the expressly stipulated qualifications, but of their degrees and of their professional experience, which in itself constitutes a criterion for selection and one of particular relevance in recruiting civil servants."

    Keywords:

    appointment; competition; condition; degree; discretion; elements; open competition; professional experience; vacancy;

    Considerations

    Extract:

    According to the vacancy notice, "the vacancy was to be filled, not by a competition in the strict sense of the term, but by selection. The process of selection of civil servants should by its very nature be based [...] on any [...] useful criteria."

    Keywords:

    appointment; competition; condition; discretion; open competition; vacancy; vacancy notice;

    Considerations

    Extract:

    "In taking previous performance [of serving staff members] as one of its criteria for the classification of candidates, the Board of examiners [...] did not exceed its proper authority to make a general assessment of them and make a choice."

    Keywords:

    appointment; competition; condition; discretion; elements; internal competition; work appraisal;



  • Judgment 228


    32nd Session, 1974
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    After working under a P.5 contract, the complainant accepted a P.4 mission on condition that his post would be upgraded to P.5. The organization had clearly informed him that the upgrading of his post would depend on the results of an administrative procedure; "it could not promise and had in fact never promised any positive outcome"; it "kept the complainant informed of the steps taken under the procedure and of developments. [The complainant] cannot therefore properly contend that the organization showed bad faith towards him."

    Keywords:

    acceptance; amendment to the rules; condition; contract; downgrading; good faith; grade; offer; post classification; promise; promotion;



  • Judgment 219


    31st Session, 1973
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The "provision [...] is applicable only to a staff member who has dependent children [...] It follows that the complainant is not entitled to an education allowance since he has no dependent children [...] The fact that he has not himself incurred the educational expenses of his children is a further reason why [the provision] is inapplicable to his case."

    Keywords:

    allowance; condition; dependent child; education expenses; right;

    Consideration 2

    Extract:

    "[T]he complainant not only does not have custody of the children, but he makes a financial contribution which is probably smaller than that made by their mother, and therefore does not actually maintain his children according to the strict interpretation of the term adopted [...] His claim for the payment of child allowances therefore fails."

    Keywords:

    condition; dependent child; family allowance; parents separated; right;

    Consideration 2

    Extract:

    Vide Judgment 216, consideration 2.

    Reference(s)

    ILOAT Judgment(s): 216

    Keywords:

    allowance; condition; dependent child; family allowance; parents separated;



  • Judgment 216


    31st Session, 1973
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 219, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 219

    Keywords:

    allowance; condition; dependent child; education expenses; parents separated; right;

    Consideration 2

    Extract:

    Vide Judgment 219, consideration 2.

    Reference(s)

    ILOAT Judgment(s): 219

    Keywords:

    condition; dependent child; family allowance; parents separated; right;

    Consideration 2

    Extract:

    The complainant recognises "that he is not entitled to an allowance as head of the family on account of the payments he makes on behalf of the children of his first marriage, who are in their mother's custody. It follows that he cannot claim the child allowance either, since the grant of both allowances depends on the fulfillment of the same condition."

    Keywords:

    allowance; condition; dependent child; family allowance; parents separated;



  • Judgment 214


    31st Session, 1973
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant was dismissed for having abandoned his post. Immediately before the end of their contracts, officials are required to undergo an examination by the staff physician. "The complainant was not so examined. Non-compliance with this rule does not of itself render a termination invalid."

    Keywords:

    abandonment of post; condition; contract; fixed-term; medical examination; organisation's duties; separation from service; termination of employment; unauthorised absence;



  • Judgment 201


    30th Session, 1973
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complaint could be entertained "only in quite exceptional circumstances, in particular if the complainant adduces facts or evidence which he was unable, through no fault of his own, to produce during the earlier proceedings; it would in any event not provide an opportunity for the parties to repair an omission or correct an error made by them during the original hearing of the case."

    Reference(s)

    ILOAT Judgment(s): 189

    Keywords:

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



  • Judgment 196


    29th Session, 1972
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The claim for payment of damages could be accepted only if the organization had caused injury to the complainant by violating its obligations. The Tribunal has not found that any such violation occurred, and therefore the complainant's claim for damages is without foundation."

    Keywords:

    breach; condition; organisation's duties;

    Consideration 1

    Extract:

    "The Tribunal cannot go beyond the claims submitted to it by the complainant within the time-limit of ninety days laid down by Article VII, paragraph 2, of its Statute. It follows that the claims put forward subsequently by the complainant, either in his rejoinder or in another memorandum, can be considered only insofar as they do not go beyond the claims submitted within the prescribed time-limit, since otherwise the purpose of the rule requiring the complainant to take action within ninety days on pain of irreceivability would be frustrated."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE

    Keywords:

    claim; condition; new claim; receivability of the complaint; rejoinder;



  • Judgment 185


    27th Session, 1971
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Article VII, paragraph 3, of the Statute of the Tribunal must be read in conjunction with paragraph 1 of the same article. "[T]he provision can apply only if a complainant has exhausted all internal means of resisting the decision open to him, and if he is impugning either an explicit decision or the implicit decision resulting from the failure of the Director-General of the organization, the final competent authority, to give a ruling on his claim."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE

    Keywords:

    condition; express decision; failure to answer claim; implied decision; internal remedies exhausted; receivability of the complaint;



  • Judgment 179


    27th Session, 1971
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The mere fact that one member of the Advisory Board was the son-in-law of the wife of a staff member serving in the same division as the complainant at a higher grade is not sufficient to constitute a ground for withdrawal. There is no direct relationship either by blood or by marriage between the member and the official concerned, and the latter [...] cannot [...] be regarded as his supervisor in the proper sense of the term." He was not required to withdraw.

    Keywords:

    advisory body; challenge of member; composition of the internal appeals body; condition; family relationship; internal appeals body;

    Consideration 1

    Extract:

    "[F]ailing any explicit provision in the regulations and rules, the officials [who may take or influence the decision] are bound to withdraw if they have already expressed their views on the issue in such a way as to cast doubt on their impartiality or if for other reasons they may be open to suspicion of partiality."

    Keywords:

    bias; challenge of member; condition;

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 | next >


 
Last updated: 26.10.2020 ^ top