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Condition (589,-666)

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Keywords: Condition
Total judgments found: 321

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  • Judgment 1124


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

    Summary

    Extract:

    The complainant objects to the amount of his termination indemnity. He relies on a practice the organization followed before its staff regulations came into force, on breach of equal treatment and on the rules of other international organisations. For each plea the Tribunal refers to the answers it gave in Judgment 1080.

    Reference(s)

    ILOAT Judgment(s): 1080

    Keywords:

    amount; condition; equal treatment; practice; rule of another organisation; terminal entitlements;

    Consideration 4

    Extract:

    The complainant is not satisfied with the amount paid him in termination indemnity and submits that he has an acquired right to the application of the material provisions in French law. The Tribunal observes that "French law would have applied only if, and insofar as, there had been an agreement with the French government to that effect. There was none."

    Keywords:

    amount; applicable law; condition; domestic law; terminal entitlements;

    Summary

    Extract:

    See Judgment 1126, summary.

    Reference(s)

    Organization rules reference: ARTICLE 61(5) OF THE INTERPOL STAFF RULES
    ILOAT Judgment(s): 1126

    Keywords:

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



  • Judgment 1115


    71st Session, 1991
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The Director General decided [...] not to allow his request for a permanent appointment on the grounds that he failed to meet the condition of seven years' satisfactory service. The complainant therefore has no right to any further extension".

    Keywords:

    condition; contract; fixed-term; non-renewal of contract; permanent appointment; refusal; unsatisfactory service;



  • Judgment 1109


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

    Consideration 6

    Extract:

    After recommending that the complainant should get a personal promotion, the Selection Board held a further meeting at the instance of the Deputy Director-General and shifted ground. The Tribunal holds that "in only two cases may an internal body be asked to think again. One is where something unforeseeable and of decisive moment occurs after it has reported, and the other is where there comes to light some fact or evidence, again of cardinal importance, that it did not know of or could not have known of before it reported." Since those conditions were not met in the instant case, the decision is tainted with a procedural flaw and must be quashed. The complainant is sent back to the Organisation for his case to be reviewed.

    Keywords:

    advisory body; case reopened; condition; flaw; internal appeals body; organisation; procedural flaw; request by a party; selection board;



  • Judgment 1105


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

    Consideration 2

    Extract:

    "The complainant is objecting to a decision based on a statement allegedly made by the Director-General about the circumstances of his departure from UNESCO. The Tribunal is competent ratione personae: under Article II(6) of its Statute it is open to former officials of UNESCO." But it is not competent ratione materiae under II(5) inasmuch as he is not alleging non-observance of the terms of his appointment or provisions of the Staff Regulations. "He must show not just some connection with the terms of his appointment but also 'non-observance' of them."

    Reference(s)

    ILOAT reference: ARTICLE II(5) AND (6) OF THE STATUTE

    Keywords:

    competence of tribunal; condition; contract; iloat statute; separation from service;



  • Judgment 1099


    71st Session, 1991
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant claims the expatriation allowance provided under Article 72 of the EPO Service Regulations for officials who, at the time of their appointment, have not been continuously resident in their duty station for the preceding three years. As he does not meet that requirement, he wants the time he spent in the Federal Republic of Germany to be discounted and he relies on the German wording of the provision, which refers to the official's being "permanently established" rather than "resident" at the duty station as in the English and French versions. The English and French versions being quite explicit, the German version must be interpreted in a way that reconciles all three. (Vide Judgment 926.)

    Reference(s)

    Organization rules reference: ARTICLE 72 OF THE EPO SERVICE REGULATIONS
    ILOAT Judgment(s): 926

    Keywords:

    condition; criteria; interpretation; language of rule; nationality; non-resident allowance; residence; staff regulations and rules;

    Consideration 8

    Extract:

    "As the Tribunal observed in Judgment 926, the [expatriation] allowance is intended to meet the case of an official who has no affinity with the country of his duty station. Whether the condition of 'continuous residence' [in Article 72(1) of the Service Regulations] is met depends on the existence of objective and factual links with that country: the test is one of simple residence."

    Reference(s)

    Organization rules reference: ARTICLE 72(1) OF THE EPO SERVICE REGULATIONS
    ILOAT Judgment(s): 926

    Keywords:

    condition; criteria; duty station; non-resident allowance; residence;



  • Judgment 1081


    70th Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The fact "that the measure under challenge affects several groups of staff and is therefore general in purport [...] does not in itself make the complaints irreceivable: decisions do not need to be individual to be challengeable before the Tribunal. As Article VII(2) of the Tribunal's Statute makes plain, a general decision too is challengeable. That article sets the time limit for filing a complaint against 'a decision affecting a class of officials', in other words a general decision. Yet that does not mean that a complaint challenging any sort of general decision will necessarily be receivable: there is also the rule in VII(1) that the internal means of redress must have been exhausted."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) AND (2) OF THE STATUTE

    Keywords:

    competence of tribunal; condition; date; general decision; iloat statute; individual decision; internal remedies exhausted; receivability of the complaint; time limit;



  • Judgment 1080


    70th Session, 1991
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    Challenging the amount of the termination indemnity they received, the complainants rely on a practice Interpol followed before the Staff Regulations came into effect. Their plea fails. "Whatever arrangements may have been made before the Regulations came into force, they were neither so constant nor even so consistent as to afford evidence of the existence of any general rule."

    Keywords:

    amount; condition; practice; terminal entitlements;

    Summary

    Extract:

    Vide Judgment 1126, summary.

    Reference(s)

    Organization rules reference: ARTICLE 61.5 OF THE INTERPOL STAFF RULES
    ILOAT Judgment(s): 1126

    Keywords:

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



  • Judgment 1073


    70th Session, 1991
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant was denied a dependency entitlement for 1989 because his wife's income did not meet the conditions laid down in Provisional Staff Rule 5.03.2(d) as it read at the material time. Loss of the entitlement brought the complainant's combined family income below the maximum limit. As from 1 January 1990 the Agency's practice was amended so as to limit the loss of such entitlement to the same amount by which the spouse's income runs over the income limit. Inasmuch as the new rule does not prescribe retroactive change, the complainant has no grounds on which to claim it.

    Reference(s)

    Organization rules reference: IAEA PROVISIONAL STAFF RULE 5.03.2(D)

    Keywords:

    allowance; amendment to the rules; condition; dependant; non-retroactivity; practice; salary; staff regulations and rules;



  • Judgment 1072


    70th Session, 1991
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    For an IAEA staff member's spouse to qualify as a dependant, his or her gross salary must not exceed that of the lowest step in the general service grade applicable in the spouse's country of employment. That amount is converted into Austrian schillings at the rate applicable in January of the year in question. Under the prescribed method the complainant's wife failed to qualify as a dependant and the Director refused to treat her as one. The Director's decision was a discretionary one and the Tribunal sees no grounds for setting it aside.

    Keywords:

    amount; condition; definition; dependant; discretion; judicial review; salary;



  • Judgment 1065


    70th Session, 1991
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant submits that the Tribunal is incompetent to hear disputes between the EPO and its employees. "He is mistaken. In accordance with Article 13 of the European Patent Convention, the European Patent Organisation has made a declaration recognising the jurisdiction of the Tribunal in respect of disputes between the Organisation and its employees, and the Governing Body of the International Labour Office has approved that declaration."

    Reference(s)

    Organization rules reference: ARTICLE 13 OF THE EUROPEAN PATENT CONVENTION

    Keywords:

    competence of tribunal; condition; declaration of recognition;



  • Judgment 1053


    69th Session, 1990
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The complaints rest on the same issues of fact insofar as the International Atomic Energy Agency's conduct is concerned and on substantially the same facts as far as the complainants' own circumstances are concerned and the issues of law are identical. The cases are therefore joined."

    Keywords:

    condition; identical facts; joinder;



  • Judgment 1042


    69th Session, 1990
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant objects to a reckoning giving effect to Judgment 922, which set aside the decision to dismiss him and ordered payment of damages, insofar as the amount he got did not allow him the benefit of a further yearly salary increment. As the complainant's performance had not been declared satisfactory and therefore failed to meet the condition set out in the relevant rules, the Tribunal dismisses the claim.

    Reference(s)

    ILOAT Judgment(s): 922

    Keywords:

    amount; application for interpretation; condition; increment; material damages; satisfactory service;



  • Judgment 1040


    69th Session, 1990
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The complainant alleges that the organization made him a promise of training in [word-processing]." For the Tribunal to "enforce a promise by an international organisation to one of its employees", the conditions that have to be met include "that the promise should be substantive and [...] that it should have come from someone competent or deemed competent to make it." In the instant case the making of a substantive promise is not proven.

    Keywords:

    competence; condition; evidence; promise; training;



  • Judgment 1033


    69th Session, 1990
    International Union for the Protection of New Varieties of Plants
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "According to Article II(5) of its Statute, [the Tribunal] is competent to hear a complaint only if the international organisation that employs the complainant has addressed to the Director-General of the International Labour Office a declaration of recognition in accordance with its constitution or internal administrative rules and if the Governing body of the International Labour Office has approved the declaration." As the International Union for the protection of new varieties of plants (UPOV) has not met these requirements, the Tribunal is not competent to hear the complaint filed by an official of that organisation even though the WIPO Staff Regulations and Staff Rules apply to him as a UPOV employee.

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE

    Keywords:

    competence of tribunal; condition; declaration of recognition; enforcement; staff regulations and rules;



  • Judgment 1032


    69th Session, 1990
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant left employment in a private company to join the staff of the EPO and applied for the transfer of his pension rights to the organisation's retirement scheme. The company agreed to refund the contributions he had made but would not transfer the actuarial equivalent of his pension rights. Inasmuch as Article 12(1) of the EPO Pension Scheme Regulations and Implementing Rule 12.1/1(i)(b) only allow the transfer of those rights with the consent of the previous retirement scheme and that in such cases the amount must be certified by that scheme to be the actuarial equivalent of the official's pension rights, the organisation's retirement scheme was not empowered to accede to the complainant's request.

    Reference(s)

    Organization rules reference: ARTICLE 12(1) OF THE EPO PENSION SCHEME REGULATIONS; RULE 12.1/1(I)(B) OF THE IMPLEMENTING RULES

    Keywords:

    actuarial equivalent; condition; pension; transfer of pension rights;



  • Judgment 1025


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The Secretary General may as a rule amend a text that sets in general terms the conditions for promotion that are to hold good in future and [...] the Tribunal has only a limited power of review over texts of that kind."

    Keywords:

    career; condition; discretion; judicial review; promotion;



  • Judgment 1020


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The complainant cites legislation and case law in the host State. Interpol is an international organisation and not subject to any national law and, as to the issues on which he submits that French law has a bearing, he does not cite any text of Interpol's that warrants taking account of such law."

    Keywords:

    applicable law; condition; domestic law;



  • Judgment 1016


    69th Session, 1990
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    In the matter of promotion two principles emerge from the case law: "one is that [the Tribunal] will neither substitute its own assessment of an official's performance for the President's nor review the merits of candidates for promotion. The other is that since the grant of promotion is and must remain at the president's discretion, the mere fact that an official may qualify for it under the rules does not confer on him any enforceable right to it."

    Keywords:

    condition; discretion; judicial review; promotion; work appraisal;



  • Judgment 1004


    68th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    The complainant's candidature in an internal competition was rejected on the grounds that he had not served the ILO for an unbroken period of two years. He submits that the Staff Regulations nowhere lay down such a condition. The plea fails. The two-year requirement was clear from the competition announcement; it also appears to have been a standard and long-standing condition for entering internal ILO competitions.

    Keywords:

    appointment; competition; condition; internal competition; no provision; practice; vacancy notice;

    Consideration 19

    Extract:

    The complainant's candidature in an internal competition having been eliminated, he challenged the composition of the Selection Board. He had doubts that its Vice-chairman, who had retired and later gone back to the organisation, might not have been reappointed to the Board as required under the material rules. The Tribunal observes that the guidelines issued to implement the provisions of Circular 380 (Series 6) of 3 March 1987 expressly stipulate that officials who have been reappointed will be considered to have had no break in service for the purposes of service on the Selection Board. The argument fails.

    Reference(s)

    Organization rules reference: CIRCULAR 380 (SERIES 6) OF 3 MARCH 1987

    Keywords:

    challenge of member; composition of the internal appeals body; condition; selection board;

    Summary

    Extract:

    In accordance with Circular No. 380 (Series 6) of 3 March 1987, the complainant, who had taken early retirement, was reappointed under a short-term contract. The decision he impugns is one denying him the right to enter internal competitions on the grounds that he had not yet acquired two years' continuous service since his reappointment. The Tribunal holds that the decision was in keeping with Article 4.11 of the Staff Regulations which says that "a former official, on reappointment, shall be regarded for the purpose of these Regulations, as becoming an official for the first time". The complaint is dismissed.

    Reference(s)

    Organization rules reference: ARTICLE 4.11 OF THE ILO STAFF REGULATIONS; CIRCULAR 380 (SERIES 6) OF 3 MARCH 1987

    Keywords:

    appointment; candidate; competition; condition; consequence; early retirement; internal competition; refusal; retirement;



  • Judgment 994


    68th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Three successive decisions to promote the complainant were taken: a promotion by direct selection from grade G.6 to P.3 as from 1 July 1986; a personal promotion from G.6 to G.7 as from 1 January 1985 and the outcome of a procedure which led to his post being regraded from G.6 to P.3 effective on 1 February 1984. The complainant challenges the Administration's decision to treat the regrading decision as void. The regrading decision was accepted by the complainant and showed no flaw. As it became final on the expiry of the time limit for challenge, the Administration may not go back on it.

    Keywords:

    condition; cumulative decisions; flaw; personal promotion; post classification; professional category; promotion; time limit; withdrawal of decision;

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