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Condition (589,-666)

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Keywords: Condition
Total judgments found: 321

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  • Judgment 1677


    84th Session, 1998
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    ITU Staff Regulation 3.8 (a) lays down two conditions regarding the payment of a special post allowance: "one is that there must be a post at a higher grade than the claimant's; the other that the claimant must be performing the duties of the post. The Union adds a third condition, that the post description must be recent. But it is wrong: there is neither a written rule nor any particular basic principle that lays down that requirement."

    Reference(s)

    Organization rules reference: ITU STAFF REGULATION 3.8 (A)

    Keywords:

    condition; grade; organisation's duties; post description; special post allowance; staff regulations and rules;



  • Judgment 1667


    83rd Session, 1997
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant relies on an alleged promise of promotion which took the form of an announcement in the EPO gazette. "The issue is one of good faith. There is indeed no question of imputing to the EPO any promise to grant to a seconded employee who proved his mettle as liaison officer an automatic promotion in grade or appointment to some more covetable post. Such promise would have been untoward and presumably incompatible with any properly strict observance of the Service Regulations."

    Keywords:

    condition; promise; promotion; staff regulations and rules;



  • Judgment 1641


    83rd Session, 1997
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7(a)

    Extract:

    The Flemming principle "demands that, so far as can be, pay in the international civil service should stay on a par with the best pay on the local market. Since for the time being there is neither a continuing survey nor a new one interim adjustment answers the purpose of Flemming. Yet [...] it is not at odds with that purpose to make the adjustment for the last period retroactive in the light of the findings of the general survey. During that period, which is short, the idea of interim adjustment is not discarded but the grant of it simply made subject to other conditions."

    Keywords:

    adjustment; condition; flemming principle; general service category; inquiry; investigation; period; purpose; salary; scale;



  • Judgment 1609


    82nd Session, 1997
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    An international organisation is liable for the injury a staff member may cause in the performance of duty, and that includes injury to other members of staff. [...] An organisation will of course not be liable for private misconduct of an employee that has no link with the performance of duty. But misconduct in the context of employment is another matter. When someone whom the organisation has appointed to act as supervisor or director commits an abuse of authority, the subordinate who suffers injury thereby is entitled to damages.

    Keywords:

    compensation; complainant; condition; conduct; injury; liability; misconduct; misuse of authority; moral injury; organisation; supervisor;

    Consideration 16

    Extract:

    An organisation will of course not be liable for private misconduct of an employee that has no link with the
    performance of duty. But misconduct in the context of employment is another matter. When someone whom the
    organisation has appointed to act as supervisor or director commits an abuse of authority, the subordinate who
    suffers injury thereby is entitled to damages. Such is the complainants' case. Without having to go through all the
    evidence before it [...] the Tribunal holds that each of the complainants suffered treatment that was an affront to her personal and professional dignity. It was inadmissible for one of its officers, in this case a man, to make a habit of addressing women subordinates in language that was blatantly coarse and lascivious. What is more it offended against [an ILO circular], which seeks to ensure - to use its own words - a safe and healthful working environment free from sexual harassment and intimidation'. The whole drift of the evidence before the tribunal is that someone on whom the ILO had conferred much authority saw rough language and rough behaviour as not incompatible with his exercise of it. They were therefore part and parcel of the performance of his duties, and on that account the Organization is liable.

    Keywords:

    condition; conduct; injury; liability; misconduct; moral injury; organisation; respect for dignity; sexual harassment; supervisor;



  • Judgment 1595


    82nd Session, 1997
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "Even if she were unqualified for the post the complainant would not forfeit her right to challenge the appointment."

    Keywords:

    cause of action; competition; condition; internal candidate; receivability of the complaint; vacancy notice;



  • Judgment 1551


    81st Session, 1996
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "A claim to damages cannot succeed unless the claimant proves the unlawful act and the consequent injury. Since the complainant has not done so, his claim to damages must fail."

    Keywords:

    complainant; condition; evidence; injury; material damages; moral injury; request by a party;



  • Judgment 1541


    81st Session, 1996
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "According to precedent complaints are to be joined only if they raise the same issues of fact and of law. The [complainant's] ninth and tenth complaints do rest on the same facts [...] and impugn the same decision, albeit each challenges a different part of it. But the issues of law are different [...] so the conditions for joinder are not met."

    Keywords:

    case law; complainant; complaint; condition; identical facts; joinder; refusal;



  • Judgment 1534


    81st Session, 1996
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4-5

    Extract:

    There is a general principle of law that for a claim to damages to succeed "the claimant must provide evidence of (i) an unlawful act, (ii) actual injury and (iii) a causal link between act and injury. [...] Injury is not to be presumed: mere mention of 'worries', 'psychological stress' and 'deprivation of rights' will not do."

    Keywords:

    cause; compensation; complaint; condition; definition; evidence; general principle; injury; presumption;



  • Judgment 1500


    80th Session, 1996
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Advancement under Staff Regulation 3.4 "consists in rising by steps: any staff member qualifies for it who meets the conditions of seniority and 'satisfactory service'. Personal promotion means rising in grade without any change in duties and is a benefit that the Director General may bestow at discretion. He does so only in 'exceptional circumstances' to reward someone for services of a quality higher than that ordinarily expected of the holder of the post."

    Reference(s)

    Organization rules reference: WIPO STAFF REGULATION 3.4

    Keywords:

    condition; discretion; executive head; increment; personal promotion; right; staff regulations and rules;



  • Judgment 1497


    80th Session, 1996
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The defendant argues that since [the selected candidate] was an internal candidate it was right anyway to give her priority in the process of selection. The plea fails. As the Tribunal held, for example, in Judgment 519 [...], priority is not due to an internal applicant who does not have the minimum qualifications."

    Reference(s)

    ILOAT Judgment(s): 519

    Keywords:

    appointment; case law; competition; condition; internal candidate; priority; qualifications;

    Consideration 7

    Extract:

    "The conclusion [of the Tribunal] is that in appointing [the successful applicant] the Organization broke the basic rule of any process of selection that the successful applicant must have all the minimum qualifications required in the notice of vacancy."

    Keywords:

    appointment; candidate; competition; condition; due process; qualifications; vacancy notice;



  • Judgment 1491


    80th Session, 1996
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The Director-General granted the complainants leave not to appeal to the Joint Advisory Appeals Board and they have come straight to the Tribunal. Their complaints are therefore receivable."

    Keywords:

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



  • Judgment 1477


    80th Session, 1996
    International Training Centre of the International Labour Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "It is plain from the whole process of selection that though the Committee did endorse the panel's report it had neither looked at the individual applications nor seen any of the candidates but had left all that to the panel. Though it is not unthinkable for a selection committee to set up a panel of people whom it believes to be better fitted to assess the technical qualifications of candidates, especially external ones, it may not delegate altogether its authority under the Staff Regulations. It must exercise its own authority and not delegate unless the rules say it may."

    Keywords:

    competition; condition; delegated authority; flaw; procedural flaw; selection board; staff regulations and rules;



  • Judgment 1462


    79th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The intervener offers no factual evidence to show that her duties entitled her to the allowance. She merely says that she is in the same position as two of the complainants. "She neither shows nor even seeks to show that she is in the same position in fact and in law as others who are claiming the allowance in complaints to the Tribunal. So her application is [...] irreceivable."

    Keywords:

    condition; identical claims; identical facts; intervention; receivability of the complaint; same purpose;



  • Judgment 1446


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The precedents have it that a right is 'acquired' when someone who has it may, because of its fundamental importance to the balance of rights and duties that define the relationship of employment, demand that it be respected not withstanding any amendment to the rules: see Judgments 61, 368 [...], 832, 986 [...] and, under 6, 1330 [...]."

    Reference(s)

    ILOAT Judgment(s): 61, 368, 832, 986, 1330

    Keywords:

    acquired right; amendment to the rules; case law; condition; contract; staff regulations and rules; terms of appointment;

    Consideration 13

    Extract:

    The case law says that "no benefit - not even a long-standing one - may be treated as an acquired right if it has no logical basis: see Judgment 1241 [...] under 24. "

    Reference(s)

    ILOAT Judgment(s): 1241

    Keywords:

    acquired right; case law; condition;

    Consideration 15

    Extract:

    The grant of an increase for merit is discretionary under Staff Rule 555.1. "By its very nature such a provision cannot confer an acquired right."

    Reference(s)

    Organization rules reference: WHO STAFF RULE 555.1

    Keywords:

    acquired right; condition; discretion; increment; staff regulations and rules;



  • Judgment 1445


    79th Session, 1995
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Consistent precedent has it that there cannot be breach of equal treatment unless there is different treatment of officials who are in like position in fact and in law."

    Keywords:

    breach; case law; condition; equal treatment;



  • Judgment 1442


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    A staff member's application to intervene succeeds "insofar as his claims concur with the complainant's and he is in like case. But insofar as he objects to certain statements in the surrejoinder and seeks compensation for injury the organisation's attitude caused him, he is raising issues of no relevance to this case and to that extent his application is irreceivable."

    Keywords:

    condition; intervention; receivability of the complaint;



  • Judgment 1432


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The Tribunal is satisfied that even though there was no formal written agreement between the organization and the complainant all the conditions that the case-law requires were met for the existence of a legally binding contract." The Tribunal recites the circumstances which allowed it to arrive at this conclusion.

    Keywords:

    case law; condition; contract; definition;



  • Judgment 1430


    79th Session, 1995
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    Since the complainant did not meet the requirements laid down in the vacancy notice, the decision not to select him "has caused him no injury".

    Keywords:

    cause of action; claim; competition; condition; lack of injury; receivability of the complaint; vacancy notice;



  • Judgment 1403


    78th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    A practice "will be enforceable if it was intended to have a contractual effect, and that is an issue that turns on the circumstances of each case."

    Keywords:

    binding character; condition; practice;



  • Judgment 1397


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The purpose of the dependant's allowance is to make sure that the dependant has sufficient resources to meet basic needs for such things as food, clothing and shelter. Accordingly, in determining whether the dependant's 'income' is not above a certain figure, account must be taken not only of receipts in cash but also of the value of benefits in kind whose effect is to reduce expenses."

    Keywords:

    condition; dependant; family allowance; purpose; reckoning;

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