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Condition (589,-666)

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Keywords: Condition
Total judgments found: 321

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  • Judgment 1383


    78th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "It is axiomatic that a candidate who does not fulfil the minimum requirements set out in a vacancy notice does not qualify for selection."

    Keywords:

    candidate; competition; condition; vacancy notice;



  • Judgment 1370


    77th Session, 1994
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant pleads that he had been promoted from grade G.7 to P.2 "even though he was drawing the post allowance. It is immaterial whether or not the conditions in which he was granted the allowance met the requirements of Regulation 3.8: suffice it to observe that he acquiesced and amply reaped the benefit for most of the period during which he received the allowance. So the Tribunal cannot allow his plea that he was promoted."

    Reference(s)

    Organization rules reference: ITU STAFF REGULATION 3.8

    Keywords:

    acceptance; amendment to the rules; condition; general service category; grade; professional category; promotion; special post allowance; staff regulations and rules;



  • Judgment 1355


    77th Session, 1994
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The Tribunal rejects his plea "that the Director-General erred in law by assuming that he was empowered to disregard the Appointment and Promotion Committee's 'decisions'. What the Committee does is advise, not decide, and the Director-General simply exercised his discretion in choosing between the candidates on its short-list. Although [...] he must exercise such discretion lawfully he is not bound by the Committee's ranking of candidates."

    Keywords:

    advisory body; advisory opinion; appointment; candidate; competition; condition; decision; discretion; executive head; promotion board;



  • Judgment 1334


    76th Session, 1994
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 23

    Extract:

    "Only benefits that have some basis in law may be protected under the doctrine of acquired rights."

    Keywords:

    acquired right; condition; safeguard;



  • Judgment 1306


    76th Session, 1994
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "As was held in Judgment 802, an application for interpretation of a judgment is receivable only if the meaning of the Tribunal's ruling is uncertain or ambiguous."

    Reference(s)

    ILOAT Judgment(s): 802

    Keywords:

    application for interpretation; case law; condition; receivability of the complaint; res judicata;



  • Judgment 1278


    75th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "In Judgment 782 [...] the Tribunal stated the circumstances in which it would enforce a promise by an international organisation to a staff member. The promise must be substantive, i.e. to act, or not to act, or to allow; it must come from someone who is competent or deemed competent to make it; the breach of it must cause injury to the person who relies on it; and the position in law must not have altered between the date of the promise and the date at which fulfilment is due. It does not matter what form the promise takes: it may be written or oral, express or implied."

    Reference(s)

    ILOAT Judgment(s): 782

    Keywords:

    case law; competence; condition; decision-maker; organisation's duties; promise;



  • Judgment 1245


    74th Session, 1993
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 28-29

    Extract:

    "A duty does lie on the Agency to ensure that a staff member who qualifies should be made a participant in the [United Nations Joint Staff Pension] Fund, and the decision the Agency took [...] to exclude the complainant from participation in the Fund was based on several mistakes of fact and law [...]. Because the Agency committed those mistakes and failed in its duty to have the complainant readmitted in the fund [...] she is entitled to be put as far as possible in the position that she would be in now had she been readmitted to the Fund at the earliest available opportunity."

    Keywords:

    complainant; condition; judicial review; mistake of fact; organisation's duties; participation; unjspf;



  • Judgment 1236


    74th Session, 1993
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The letter [...] from the head of administration was plainly CERN's answer to his internal appeal [...]. On the issue of notice it is therefore a final decision and meets the requirements for receivability in Article VII(1) of the Tribunal's Statute."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    complaint; condition; decision; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint;



  • Judgment 1232


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant, a civil servant of the organization who had been sentenced in his country of origin, was released from prison but was not allowed to leave the country. Under duress he wrote a letter applying for early retirement which was forwarded to the organization by his government. The organization accepted the request and rejected the complainant's internal appeal against that decision. The Tribunal quashes the decision. "On the evidence he was a good employee and he had his appointment constantly renewed from the start of his imprisonment until the date of consent to his early retirement. He might therefore have reasonably expected renewal of appointment up to the age of retirement."

    Keywords:

    condition; contract; extension of contract; fixed-term; legitimate expectation; satisfactory service; work appraisal;

    Consideration 3

    Extract:

    The complainant is challenging the implied rejection of a claim which he put to the Director-General but met with silence. The appeals body agreed to examine his appeal but the Director-General considered it irreceivable. The organization argues that no implied rejection arises from the Director-General's failure to answer a claim which he did not consider specific enough. Although the text of his claim is "somewhat vague about just what sort of action he wants, he makes it quite clear he is expecting redress for injury he blames on the organization. His letter therefore meets the requirements of the precedents actually cited by the defendant, which say that the staff member may infer rejection only when he has put formal claims plainly stating the nature of his demands."

    Keywords:

    case law; condition; failure to answer claim; implied decision;



  • Judgment 1230


    74th Session, 1993
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The defendant maintains that the complainant did not meet the two-month time limit for lodging appeals and failed to exhaust the internal means of redress. The Committee was of the view that, in this case, exceptional circumstances warranted waiving the time limit and allowing the appeal. The defendant contends that the Committee's decision was not binding on the Agency. "Only where the Committee's appraisal of the circumstances is flagrantly wrong or based on plainly mistaken facts may the Director General disregard it, and even then his decision will be subject to review by the Tribunal."

    Keywords:

    condition; exception; internal appeal; internal appeals body; internal remedies exhausted; judicial review; mistake of fact; mistaken conclusion; receivability of the complaint; staff regulations and rules; time bar; time limit;

    Consideration 3

    Extract:

    "The rule is that for his complaint to be receivable the staff member must not only meet the time limit in Article VII(2) of [the Tribunal's] Statute but have properly followed the internal appeal procedure."

    Reference(s)

    ILOAT reference: ARTICLE VII(2) OF THE STATUTE

    Keywords:

    condition; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time limit;



  • Judgment 1221


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Under challenge is a passage from a memorandum which the complainant alleges changed the duties of her post. She seeks the quashing of that text. Such a claim is irreceivable. "A staff member may challenge a text only if it amounts to a decision and affects him adversely. [...] The fact of the matter is that no decision was taken and her claim to the striking out of the [text] cannot be entertained."

    Keywords:

    absence of final decision; cause of action; claim; condition; receivability of the complaint;



  • Judgment 1172


    73rd Session, 1992
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The conclusion is that in substance [the complainant's] letter [...] amounted to a request for further information and explanation on a matter the parties had been discussing for years. If his intention was to lodge an appeal under Chapter VI of the Staff Rules he ought to have used language more in keeping with that of an appeal. In any event, on receiving CERN's reply [...] he ought to have applied for referral to the Appeals Board, which [...] is not just a formality. Had he applied for such referral the ambiguous wording of his letter might have been treated as just an oversight, and had the organization turned down his claims it might have been held that he had exhausted the internal means of redress as Article VII(1) the Tribunal's Statute required him to do."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE
    Organization rules reference: CHAPTER VI OF THE CERN STAFF RULES

    Keywords:

    condition; formal requirements; iloat statute; internal appeal; internal remedies exhausted; reply; staff regulations and rules;



  • Judgment 1167


    73rd Session, 1992
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "All that is needed for [an] appeal to be receivable is that the impugned decision be clearly identified and the pleas set out.

    Keywords:

    condition; decision; internal appeal; internal appeals body; receivability of the complaint; time limit;



  • Judgment 1163


    72nd Session, 1992
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7 and 9

    Extract:

    FAO Manual paragraph 308.411 provides for the award of a within-grade salary increment to officials whose service, during a "qualifying period", is satisfactory. The complainant had her annual increment withheld. "Although difficulties were found in the complainant's attitude towards other staff, [her performance reports] do not show such a pattern of conduct as to impair the quality of her work on the assignments she was given. [...] The conclusion is that the conditions in the case law for withholding an increment were not met and that the organization committed a mistake of law in construing and applying 308.411."

    Reference(s)

    Organization rules reference: FAO MANUAL PARAGRAPH 308.411
    ILOAT Judgment(s): 247

    Keywords:

    accumulation; case law; condition; conduct; enforcement; grounds; increment; increment withheld; interpretation; satisfactory service; staff regulations and rules; step; unsatisfactory service; working relations;



  • Judgment 1162


    72nd Session, 1992
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3-4

    Extract:

    The complainant objects to two written warnings she got. The wording of Manual paragraph 314.221 is imprecise about what sort of conduct will warrant a warning: "it speaks of 'failure to perform prescribed duties in a satisfactory manner'. To explain how the paragraph is to be applied in practice, however, the paragraph gives in brackets some illustrations of cases of such failure [...] The draughtsman gives in brackets what are no more than examples intended to help in construing the text: they are not cumulative conditions for applying it."

    Reference(s)

    Organization rules reference: FAO MANUAL PARAGRAPH 314.221

    Keywords:

    accumulation; condition; conduct; grounds; interpretation; staff regulations and rules; warning;

    Considerations 3-5

    Extract:

    The complainant objects to two written warnings she got. The reason the FAO gives for them was her failure to maintain "harmonious working relationships", which is one of the cases mentioned in Manual paragraph 314.221. "Such a reason affords a sound basis in law for the warnings and is in itself sufficient provided that it rests on true allegations of fact. The complainant is therefore mistaken in her view that there must also have been [others] since the only grounds given for the warnings are factually correct and warrant the impugned decisions, the complainant's objections must fail."

    Reference(s)

    Organization rules reference: FAO MANUAL PARAGRAPH 314.221

    Keywords:

    accumulation; condition; conduct; duty to substantiate decision; grounds; interpretation; staff regulations and rules; warning;



  • Judgment 1158


    72nd Session, 1992
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6, 8 and 9

    Extract:

    "The material issue is [...] whether the organization might, in mid-competition and while assessing the candidates, alter the requirements it had itself already declared for the post. [...] If it decides to hold a competition, "it must abide by the conditions it has itself set for the competition: patere legem quam ipse fecisti. [...] The application of that principle means that the conditions of entry for a competition may not properly be altered once the process of selection is under way. But "UNIDO failed to abide by its own requirements. [...] An essential condition for the competition was waived during [the] evaluation, and such waiver impaired the fairness and lawfulness of the process of selection. For that reason alone, the impugned decision must [...] be set aside".

    Keywords:

    competition; condition; criteria; due process; general principle; organisation's duties; patere legem; procedure before the tribunal;



  • Judgment 1142


    72nd Session, 1992
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    One of the organisation's reasons for refusing the complainant's claim to dependants' allowance for his parents was that they resided in the Netherlands - his duty station - and lived in a flat that belonged to him. Since his mother owned a flat in Rome, the income she could have had from letting that flat had to be taken into account. The Tribunal holds that his "parents are resident, not in the Netherlands, but in Rome. The fact that when visiting the Netherlands, and for whatever length of time, they live in the flat belonging to him is immaterial and affords no grounds for letting his mother's flat in Rome. [...] The organisation's mistake on that score appears to have been a main factor in the President's decision".

    Keywords:

    allowance; condition; dependant; family allowance; mistake of fact; parent;



  • Judgment 1134


    72nd Session, 1992
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "In keeping with precedent and with [Article] VII(1) [of the Statute] a complaint will be irreceivable if it challenges a general decision that must ordinarily be put into effect by individual decisions against which internal appeal will lie."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    administrative instruction; condition; general decision; individual decision; internal remedies exhausted; receivability of the complaint; staff union;



  • Judgment 1131


    71st Session, 1991
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The answer to [the complainant's] claim to moral damages is that such a claim will not lie just because the decision was unlawful. In this case the purpose of the impugned decision [to abolish his post for budgetary reasons] was quite proper and there was nothing demeaning about it."

    Keywords:

    condition; decision; flaw; moral injury;



  • Judgment 1126


    71st Session, 1991
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Article 61(5) of the Interpol Staff Rules empowers the Secretary General to grant an official a supplementary indemnity on termination of appointment, "taking into account the particular circumstances relating to the personal situation of the official concerned". The Tribunal finds no evidence of such a "particular circumstance" in this case.

    Reference(s)

    Organization rules reference: ARTICLE 61(5) OF THE INTERPOL STAFF RULES

    Keywords:

    amount; condition; discretion; enforcement; provision; staff regulations and rules; terminal entitlements;

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