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Condition (589,-666)

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Keywords: Condition
Total judgments found: 321

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  • Judgment 1964


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It is within the competence of the Tribunal to determine whether or not there is a contract of appointment by which the parties are bound and which would entitle the official covered by the contract to the rights enjoyed by the officials of an organisation that has recognised the Tribunal's jurisdiction. However, in the material case, the [organisation's] agreement to appoint the complainant was subject to the fulfilment of a condition which cannot be said to be a mere formality, namely, recognition that he was physically fit enough to discharge his functions. [...] Consequently, the complainant, who has never been an employee of the [organisation], is raising a matter which is not within the scope of the Tribunal's competence."

    Keywords:

    appointment; competence of tribunal; complainant; complaint; condition; contract; locus standi; medical examination; non official; offer; offer withdrawn; official; receivability of the complaint; status of complainant; tribunal;



  • Judgment 1962


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The Tribunal recalls that it has the inherent power to impose costs on a complainant. But it specifies that it will only exercise this power in exceptional circumstances. "In the present case, it is clear that a full withdrawal of suit would have been desirable once Judgment 1864 had upheld the rules [at issue]. However, neither the fact that the complainant filed his complaint later than his colleagues, nor his failure to reply to the invitation made by the legal services to withdraw suit in the week following [...] can be considered as constituting abuse. The Tribunal finds that in the circumstances, this is not one of the exceptional cases in which it could penalise the filing or maintenance of a complaint as being abusive. It therefore dismisses the EPO's counterclaims."

    Reference(s)

    ILOAT Judgment(s): 1864

    Keywords:

    condition; costs; counterclaim; exception; vexatious complaint; withdrawal of suit;



  • Judgment 1961


    89th Session, 2000
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The Tribunal recalls that "in Judgment 139 [...] the Tribunal made it clear that it did not consider the assignment of the duties of an abolished post to other staff members as an indication that there had been an abuse of authority, provided that the evidence showed that the number of staff members was in fact reduced." It affirms this case law.

    Reference(s)

    ILOAT Judgment(s): 139

    Keywords:

    abolition of post; case law; condition; evidence; misuse of authority; staff reduction;



  • Judgment 1955


    89th Session, 2000
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    According to Annex IV, Article 27, first paragraph, of the General Conditions of Employment governing servants at Eurocontrol, the divorced wife of a servant or former servant of Eurocontrol can only claim a survivor's pension if, at the date of former husband's death, she can justify her entitlement to receive monthly maintenance payments. In the present case, the complainant agreed to a lump-sum payment from her former husband in full and final settlement of his obligation to pay maintenance. Therefore, she cannot claim a survivor's pension.

    Reference(s)

    Organization rules reference: ANNEX IV, ARTICLE 27 OF THE EUROCONTROL GENERAL CONDITIONS OF EMPLOYMENT

    Keywords:

    condition; lump-sum; pension; pension entitlements; staff regulations and rules; survivor's benefit;



  • Judgment 1950


    89th Session, 2000
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "So long as the complainant retains his residence in Germany, no matter how many other residences he may have established, he has not carried out a removal from that residence. A removal is not merely the establishment of a new residence but, and much more importantly, the abandonment of the former residence."

    Keywords:

    condition; removal expenses; residence; separation from service;



  • Judgment 1865


    87th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7 and 10

    Extract:

    "Article 46(5) of the Service Regulations states that 'for a period of two years from the date on which assignment to reserve status takes effect a permanent employee shall have priority for reinstatement in any post corresponding to his grade which may fall vacant or be created, provided that he possesses the necessary qualifications and ability.' The obligation of [the organisation] is not to reinstate the official who has been assigned to reserve status, but to make all the necessary efforts for his reinstatement. In other words, it is not an obligation as to the outcome, but as to the means employed to achieve the outcome."

    Reference(s)

    Organization rules reference: ARTICLE 46(5) OF THE EPO SERVICE REGULATIONS

    Keywords:

    condition; creation of post; criteria; organisation's duties; priority; qualifications; reinstatement; staff regulations and rules; vacancy;



  • Judgment 1834


    86th Session, 1999
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The organization placed the complainant on special leave without pay in August 1995, and told her in January 1996 that to stay on special leave she would have to provide medical certificates of inability to go back to work. "The complainant contends that her separation was in breach of her special leave status. [The Tribunal holds that] the receipt of [monthly medical] reports by the chief medical officer was clearly a condition of her maintaining special leave status. Her refusal, without persuasive justification, to submit the requested information [over several months] is a breach of that condition and ample indication of her intent to abandon her post."

    Keywords:

    abandonment of post; condition; illness; medical certificate; refusal; special leave; staff member's duties; termination of employment;



  • Judgment 1825


    86th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The Tribunal's judgments are final and binding. They are not subject to appeal. The Tribunal will not entertain applications for revision or review except in the most unusual circumstances such as fraud or the discovery of conclusive new evidence which could not have been brought forward before. The stability of judicial procedures and the need to bring an end to litigation require that parties must accept the result they obtain even when they are unsatisfied with it. Where both parties have had a full opportunity to present their case and where no new and previously undiscoverable factual element is brought forward the principle of res judicata prevents the reopening and rearguing of cases already decided."

    Keywords:

    admissible grounds for review; application for review; condition; evidence; finality of judgment; new fact on which the party was unable to rely in the original proceedings; res judicata;



  • Judgment 1821


    86th Session, 1999
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The principles governing the limits on the discretion of international organisations to set adjustments in staff pay [...] may be concisely stated as follows: (a) An international organisation is free to choose a methodology, system or standard of reference for determining salary adjustments for its staff provided that it meets all other principles of international civil service law [...]. (b) The chosen methodology must ensure that the results are 'stable, foreseeable and clearly understood' [...]. (c) Where the methodology refers to an external standard but grants discretion to the governing body to depart from that standard, the organisation has a duty to state proper reasons for such departure [...]. (d) While the necessity of saving money may be one valid factor to be considered in adjusting salaries provided the method adopted is objective, stable and foreseeable [...], the mere desire to save money at the staff's expense is not by itself a valid reason for departing from an established standard of reference [...]." (See cited case law.)

    Keywords:

    adjustment; budgetary reasons; case law; condition; coordinated organisations; cost-of-living increase; criteria; discretion; duty to inform; duty to substantiate decision; exception; executive body; good faith; grounds; international civil service principles; limits; organisation's duties; patere legem; rule of another organisation; salary; scale;



  • Judgment 1818


    86th Session, 1999
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    The provisions of the Statute and Staff Rules aiming at protecting staff members against termination in the course of sick leave do not prevent an organization from accepting, during such leave, the letter of resignation of a staff member, if the latter wrote his letter of his own free will.

    Keywords:

    acceptance; condition; lack of consent; resignation; sick leave; staff regulations and rules; termination of employment;



  • Judgment 1817


    86th Session, 1999
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "Poor performance does not warrant ending a probationary appointment unless there is not some hope of reasonably early improvement, usually by the expiry of the probation."

    Keywords:

    condition; period; probationary period; termination of employment; unsatisfactory service; work appraisal;



  • Judgment 1814


    86th Session, 1999
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7-8

    Extract:

    The Joint Committee for disputes dealt with the "complaint" by correspondence. The Tribunal considers that the texts provide "that the Committee shall meet', and it meets only if all the full members, or in their absence the alternate members, are present'. On that score alone there was breach of due process and the impugned decision cannot stand."

    Keywords:

    condition; due process; internal appeal; internal appeals body; interpretation; procedural flaw; report;



  • Judgment 1806


    86th Session, 1999
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 15-17

    Extract:

    The Tribunal does not support the practice of the organization of not letting employees in the personnel unit hold office on the Staff Committee in order to avoid any risk of conflict of interest. The decision to offer the complainant a post in the personnel unit should never have been attached to the condition of resigning as president of the Staff Association. "It is important both to protect the right of association and to maintain a staff association's independence."

    Keywords:

    condition; freedom of association; offer; organisation's duties; post; practice; staff representative; staff union; staff union activity;



  • Judgment 1804


    86th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12-14

    Extract:

    The promotion of Mr C., presented as the fulfilment of a promise made to him on recruitment, gave rise to a decision adopted on 7 December 1994. "Only that decision was notified to the staff. So the complainants, who were unaware of the promise, were in good faith in challenging the promotion on the grounds that it was in breach of the Rule it actually cited. So they were right in saying that Mr C. had been promoted to A4 even though he did not fully qualify under the [relevant] rules [...]. Because of the unusual circumstances in which Mr C. was promoted the complainants were also right to challenge the decision: the [Organization] had on the face of it failed to observe the general principle of equal treatment because in promoting Mr C. it did not abide by the requirements of the Service Regulations or by the criteria for promotion to which the complainants were themselves subject. The conclusion is that the complainants did suffer moral injury and each of them is entitled under that head to [compensation]".

    Keywords:

    appointment; breach; cause of action; condition; decision; equal treatment; general principle; good faith; grade; injury; moral injury; promise; promotion; staff regulations and rules;



  • Judgment 1787


    86th Session, 1999
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10-11

    Extract:

    "The qualifications expected may be just 'desirable', not requirements binding in law. But the appointing authority is not free on that account [...] to disregard the fact that some do qualify and to plump for the very one who does not, even one who in other respects has the right experience and skills. [...] Here the Organization picked someone wanting in listed qualifications which, though said to be only 'desirable', were in fact essential. It thereby fell short of the standards of objectiveness and openness that must govern appointment to a senior post in an international organisation. The process of selection cannot stand [...]" (See Judgment 1595, under 10.)

    Reference(s)

    ILOAT Judgment(s): 1595

    Keywords:

    appointment; candidate; competition; competition cancelled; condition; criteria; discretion; flaw; post; post description; procedure before the tribunal; professional experience; qualifications; vacancy notice;

    Consideration 4

    Extract:

    "Although the abolition of his post did demand of the Organization efforts to place him suitably and at the right grade elsewhere, he had no right to preference for any particular post, the less so since others were in the same plight. He may object to the Organization's failure to let him have the transfer he wanted, but such failure does not make it unlawful for the organization to have appointed another official to the post he had applied for, provided at least that that official was qualified."

    Keywords:

    abolition of post; appointment; competition; condition; equal treatment; grade; organisation's duties; post; priority; qualifications; reassignment; right;



  • Judgment 1780


    85th Session, 1998
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6(b)

    Extract:

    "Regular payments by an employer, whether in the form of salary or of some other benefit, amount to decisions that may be challenged at the time. Failing such challenge they become final and may be challenged thereafter only if there are grounds for review of administrative action."

    Keywords:

    allowance; condition; continuing breach; individual decision; receivability of the complaint; salary;



  • Judgment 1698


    84th Session, 1998
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The Tribunal notes "that a vacancy notice [...] is necessarily a document whose validity is limited in time by the closing date of the particular competition which it announces. [...] The requirements of any post may of course change over time."

    Keywords:

    competition; condition; limits; vacancy; vacancy notice;



  • Judgment 1696


    84th Session, 1998
    World Customs Organization (Customs Co-operation Council)
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The [administrative] practice on which [the Organization] does rely can have no effect in law. The conditions that make a practice an enforceable custom are not met. The alleged rule is not widely recognised as binding; indeed opinion varies on what it actually is."

    Keywords:

    applicable law; condition; practice; purport;



  • Judgment 1684


    84th Session, 1998
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Article VII, paragraph 1, of the Tribunal's Statute says that for a complaint to be receivable the internal remedies must have been exhausted. But precedent has it that, if there is delay over the final decision, the requirement will be met provided that the complainant has done everything that might be expected of him to get one but the appeal proceedings are unlikely to end within a reasonable time. [...] The requirement was plainly met in this case. Having done all that he did, to no avail, the complainant could not reasonably be required to wait any longer, there being no grounds for expecting the Appeals Committee to report soon. The organisation's domestic difficulties in running its appeal procedure afforded no excuse for denying him due process."

    Reference(s)

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

    Keywords:

    administrative delay; case law; condition; exception; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; reasonable time;

    Consideration 6

    Extract:

    "The Tribunal's rules provide ordinarily for the filing of only two briefs by each party. There are no exceptional circumstances warranting a third one from the complainant, and since the arguments in it are immaterial the President of the Tribunal has disallowed it under Article 9(6)" of the Tribunal's Rules.

    Reference(s)

    ILOAT reference: ARTICLE 9, PARAGRAPH 6, OF THE RULES

    Keywords:

    additional written submissions; closure of written proceedings; condition; exception; iloat statute; president of the tribunal; refusal; submissions;



  • Judgment 1680


    84th Session, 1998
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The complainants apply for joinder. The Organization does not object though it rightly points out that the facts differ somewhat from case to case. Since the complaints raise the same issues of law they are joined."

    Keywords:

    complaint; condition; identical claims; joinder;

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Last updated: 22.02.2021 ^ top