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Condition (589,-666)

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Keywords: Condition
Total judgments found: 322

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  • 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;



  • Judgment 177


    26th Session, 1971
    United International Bureaux for the Protection of Intellectual Property
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4 (C)

    Extract:

    It appears from the inquiries which the Tribunal has made of the intergovernmental organisations that the complainants cannot rely upon established "practice". Complainants would be entitled to the reimbursement of the taxes paid only if their families' residence in a place other than that of their activity, and consequently their liability to taxation in that place were justified by special reasons. "The complainants must therefore take the consequences of a situation which was not forced upon them."

    Keywords:

    condition; duty station; refund; residence; tax;

    Consideration 4 (A)

    Extract:

    If an official or his family resides in a locality other than that where he works, "and if on that account he is liable to tax, he cannot as a rule insist on reimbursement. Exceptions to this rule are allowable only in special circumstances, for example where the [...] official is appointed on a temporary contract or is unable to find suitable accommodation in the locality where he works."

    Keywords:

    condition; consequence; difference; duty station; refund; residence; right; tax;



  • Judgment 175


    26th Session, 1971
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    According to the dossier, at least some of the ailments affecting the complainant can be attributed exclusively to his age and not to the sequelae of a service-incurred accident. He cannot be regarded as having a disability affecting his earning capacity which results from that accident. He does not therefore meet the conditions laid down by the material provision. The Director-General was justified in refusing to apply the provision to his case.

    Keywords:

    cause; compensation; condition; incapacity; professional accident; service-incurred;



  • Judgment 168


    25th Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    In support of her argument that she is not bound by the material provision, the complainant contends that the provision does not apply to her because it was not brought to her knowledge and accepted by her at the time of her appointment. The plea fails. "The contract was expressly made subject to the Staff Rules and Regulations and it is not necessary that any particular rule should be brought to the notice of the employee or specifically accepted by her."

    Keywords:

    condition; contract; duty to inform; enforcement; provision; staff regulations and rules; terms of appointment;



  • Judgment 167


    25th Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 168, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 168

    Keywords:

    condition; contract; duty to inform; enforcement; provision; staff regulations and rules; terms of appointment;



  • Judgment 162


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "[I]t is unnecessary to consider whether the complainant underwent the medical examination provided for by [the Staff Rule], since this formality is merely a consequence of dismissal and not a condition of its validity. In any event the provisions concerning sickness leave were no impediment to dismissal, since [the applicable provision] provides that the right to sickness leave expires on the expiry of the contract."

    Keywords:

    condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;



  • Judgment 161


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;



  • Judgment 160


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;



  • Judgment 159


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;



  • Judgment 158


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    As tendered by the complainant, his resignation was not in any way conditional. "Although he complains of having received no reply to his complaints and gives the submission of an appeal as the reason for his resignation, he does not indicate that the cessation of his service is intended to continue only for the duration of the appeals procedure." By accepting the complainant's resignation, the Director took a decision which was in no way contrary to the applicable rules.

    Keywords:

    acceptance; condition; grounds; resignation;



  • Judgment 148


    23rd Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The conversion of annual compensation payments to a lump sum payment as provided for under [the applicable provision] is justified only in cases of permanent incapacity. As the Medical Board considers that the complainant's condition is capable of improvement his claim for conversion is not well founded."

    Keywords:

    condition; disability benefit; incapacity; lump-sum; rate;

    Consideration 7

    Extract:

    Due to his total incapacity for work, the complainant seeks the reimbursement of medical and pharmaceutical expenses in perpetuity. He "is entitled to reimbursement of such expenses only for as long as his condition so requires."

    Keywords:

    condition; incapacity; insurance benefit; professional accident; service-incurred;



  • Judgment 146


    23rd Session, 1970
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant did not submit an appeal to the internal appeals body before filing his complaint with the Administrative Tribunal. "He had therefore failed to exhaust the internal procedure available to him before appealing to the Tribunal." The complainant did not obtain the Director-General's leave to appeal directly to the Tribunal as required by the applicable provision. His claims are dismissed.

    Keywords:

    acceptance; condition; direct appeal to tribunal; executive head; internal remedies exhausted; receivability of the complaint;



  • Judgment 135


    22nd Session, 1969
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    It is clear from the evidence that "in holding that [the complainant's] refusal to perform military service in the country of which he was a national [kept him from meeting] the requirements for appointment as an international officer, the [organization] was not basing its view on a consideration of principle, but on an examination of the circumstances in which the refusal had taken place; that accordingly the decision was in no way tainted by illegality [...]."

    Keywords:

    appointment; condition; fitness for international civil service; military service; refusal; titularization;



  • Judgment 131


    21st Session, 1969
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The inquiry requested by the complainant in regard to the persons who cast doubt on his state of mental health would be justified only if it would help to establish facts relevant to the disposal of the complaint."

    Keywords:

    complainant; condition; illness; inquiry; refusal; request by a party; submissions; tribunal;



  • Judgment 123


    20th Session, 1968
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    In approving the complainant's application for repatriation grant, the organisation misinterpreted the regulations. Its approval was conditional. The complainant had to prove that he had made definite travel arrangements, but did not do so. "[T]he [organisation] did not violate any law by withdrawing its approval, given in error, before any action had been taken upon it and before the stipulated proviso had been fulfilled, and without any costs having been incurred by the complainant."

    Keywords:

    acceptance; allowance; condition; flaw; mistake of law; travel expenses; withdrawal of decision;



  • Judgment 122


    20th Session, 1968
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    On the substance

    Extract:

    In determining whether to appoint an employee to a permanent post, the relevant body must take into account, inter alia, both the employee's professional qualifications and "his suitability as an international official from the standpoint of morality, integrity and character."

    Keywords:

    condition; definition; elements; fitness for international civil service; qualifications; titularization;



  • Judgment 112


    18th Session, 1967
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "A plea to quash can be directed only against a decision, that is, against an act deciding a question in a specific case." A performance report embodies no decision capable of being rescinded. A complaint seeking such relief is not receivable.

    Keywords:

    application for quashing; competence of tribunal; condition; decision; performance report; probation report; receivability of the complaint;

    Consideration 8

    Extract:

    Even if the complainant's illness had arisen from his employment, it "would still not be due to complainant's working conditions, i.e. a state of affairs for which the organization was responsible. On the contrary, it would be the result of measures taken in respect of complainant as a consequence of his own work which the Director-General was justified in considering unsatisfactory. In other words, it would be attributable to the failings of the complainant himself, and he alone would therefore have to bear the consequences of the damage to his health."

    Keywords:

    cause; condition; definition; illness; service-incurred; termination of employment;



  • Judgment 107


    17th Session, 1967
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant "is not justified in criticising the conditions under which the competition was held. As he does not deny that his work was inferior to that of the candidate who was appointed, he cannot claim a preferential right as a serving official, since this exists only where qualifications are equal."

    Keywords:

    competition; condition; internal candidate; open competition; priority;



  • Judgment 71


    12th Session, 1964
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The letter in question took note of the complainant's application and confined itself to reminding him that, before the discussions embarked upon could reach a definite conclusion, he should send his personal history. "The firm offer of a contract was therefore made subject to the receipt of this personal history, which was required in order to enable the organization to determine finally whether to make such an offer." The actual wording of the letter clearly implied that no contractual relationship yet existed and that no promise of a contract had been made.

    Keywords:

    condition; contract; offer; promise;



  • Judgment 70


    12th Session, 1964
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration II (2)

    Extract:

    Under the applicable provisions, "the privileges and immunities of officials of [the organisation] are granted solely in the interests of the organisation. Consequently, not only have officials no right to the maintenance thereof, but, moreover, the Director-General is obliged to waive an official's immunity if such immunity impedes the normal course of justice and if waiving it does not prejudice the interests of the organisation."

    Keywords:

    condition; organisation's interest; privileges and immunities; purpose; waiver of immunity;

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Last updated: 02.07.2020 ^ top