Effect (607,-666)
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Keywords: Effect
Total judgments found: 87
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Judgment 2091
92nd Session, 2002
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10 and 12
Extract:
The complainant had an accident while on duty. He signed a settlement agreement with the organisation and the CERN Pension Fund in order to solve the issue of the payment of an incapacity pension by the pension fund. "The ESO submits the complaint is not receivable as it does not allege non-observance of the terms of the complainant's appointment or of the [organisation]'s rules and regulations [...]. The Tribunal considers that since the settlement between the complainant, the [organisation] and the CERN Pension Fund arises out of the complainant's rights under his contract of employment as well as the Staff Rules and Regulations, it has jurisdiction to consider the effect of the trilateral agreement."
Keywords:
breach; cern pension fund; competence of tribunal; complainant; complaint; consequence; contract; definition; effect; iloat; incapacity; judicial review; organisation; payment; pension; professional accident; provision; receivability of the complaint; right; service-incurred; staff regulations and rules;
Judgment 2057
91st Session, 2001
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Following Judgments 1682 and 1887, adjustments of the 1995-1996 salary scales have been retroactively raised. The organisation paid the difference in salary but did not adjust the salary scales for the following years (those salary scales had been calculated based on the old 1995-1996 salary scales). The Tribunal states that "the [organisation]'s retroactive reconstitution of the adjustments had the paradoxical effect of limiting the application of the [...] staff's improved salary scales to a single year, and of reducing their salary levels [...] after [...] 1996. The result is an impairment of rights: staff are entitled to expect that any adjustments to their pay will be made on the basis of the salary scales which were established lawfully for the period preceding the adjustment."
Reference(s)
ILOAT Judgment(s): 1682, 1887
Keywords:
accumulation; adjustment; date; effect; increase; official; purport; right; salary; scale;
Judgment 1975
89th Session, 2000
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant, a security guard, was dismissed for committing a fault: he had disactivated an alarm button to prevent it from setting off inadvertently and had forgotten to tell his colleagues. "The oversight by the Personnel Department, which omitted to carry out the statutory medical examination [on cessation of service], does not affect the lawfulness of the impugned decision."
Keywords:
decision; disciplinary measure; due process; effect; medical examination; misconduct; negligence; termination of employment;
Judgment 1966
89th Session, 2000
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10 and 12
Extract:
"Even if [a] practice [of distributing internal personal mail could create] an obligation upon the Office, it should be emphasised that such an obligation could involve limits relating, for example, to the content, nature and purpose of the mail that it is requested to distribute. [The] staff members [of the organisation] do not enjoy an absolute right to have information or documents of any type distributed through the office's facilities."
Keywords:
effect; limits; organisation's duties; practice; right;
Judgment 1783
85th Session, 1998
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"When the Tribunal quashes a flawed decision not to renew a fixed-term appointment it has discretion as to the relief it grants. It may send the case back for a new decision by the Organisation on renewal [...] but if it considers that renewal would be only fair, it will, instead of ordering a new decision, actually order reinstatement under a new contract for an appropriate term. [...] But if it considers neither a new decision nor reinstatement to be possible or advisable, it may, as authorised by Article VIII of its Statute, award the complainant compensation."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
allowance; application for execution; case sent back to organisation; compensation; contract; decision quashed; duration of appointment; effect; fixed-term; iloat statute; judgment of the tribunal; non-renewal of contract; reinstatement; subsidiary;
Judgment 1712
84th Session, 1998
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"As the Tribunal has said before, there may be a cause of action even if there is no present injury: time may go by before the impugned decision causes actual injury. The necessary, yet sufficient, condition of a cause of action is a reasonable presumption that the decision will bring injury. The decision must have some present effect on the complainant's position."
Keywords:
absence of final decision; case law; cause of action; complainant; consequence; effect; injury; receivability of the complaint;
Judgment 1680
84th Session, 1998
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Organization "cites the ruling in Judgment 1394 [...] that there is no question of 'quashing a decision that no longer exists and therefore has no effect in law'. But the precedent holds good only where the decision impugned has been retroactively withdrawn and has had no effect in law."
Reference(s)
ILOAT Judgment(s): 1394
Keywords:
cause of action; claim moot; effect; impugned decision; withdrawal of decision;
Judgment 1669
83rd Session, 1997
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 17-18
Extract:
"One principle of international civil service law is that a decision on a staff member's status may not work to his detriment before the date at which he had notice of it. [...] The grant of an invalidity pension does not empower the Organisation to make the termination retroactive as from the date set for the start of payment and to disregard the requirement of notice in the rules [...] Here the Council failed to observe the rules."
Keywords:
date of notification; decision; disability benefit; effect; incapacity; international civil service principles; non-retroactivity; notice; termination of employment;
Judgment 1616
82nd Session, 1997
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The mere remittance of pay does not meet the requirement of notice "unless the parties to the contract of service agree that the employee should not work out the period of notice or the Organisation puts him on special leave during that period. Failing those exceptions the employee must be given actual notice so that he may make proper arrangements for leaving and possibly look for another job. It is inadmissible that any official, let alone an established one, should be told of dismissal on the very day on which it takes effect and left to his own devices without further ado."
Keywords:
compensatory allowance; contract; effect; exception; notice; organisation's duties; permanent appointment; purpose; special leave; staff member's interest; termination of employment;
Judgment 1604
82nd Session, 1997
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainants want the ICSC to correct a mistake it made in reckoning their post adjustment retroactively. The Tribunal holds that "making a decision retroactive would require the calculation of the past pay of all the staff concerned, including those who have since left. The Commission's practice is to have its decisions take effect only in a few months' time so that the Secretariat and the organisations may make the calculations. The Tribunal concludes that it is neither necessary nor even reasonable to require retroactive application of the revised method. [...] All the Commission can do is to keep [the various elements] under review and, when defects do emerge, revise the method so as to make the correction reasonably soon."
Keywords:
decision; effect; icsc decision; non-retroactivity; post adjustment; reckoning; salary; scale;
Judgment 1584
82nd Session, 1997
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
According to Article VII(4) of the Tribunal's Statute a complaint has no suspensory effect and the Tribunal is not empowered to make a ruling that would suspend [the complainant's] dismissal pending the Tribunal's judgment.
Reference(s)
ILOAT reference: ARTICLE VII(4) OF THE STATUTE
Keywords:
complaint; decision; effect; iloat statute; submissions; suspensory effects;
Judgment 1582
82nd Session, 1997
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal's judgments - including, of course, remand for a new decision - are binding on both parties and indeed on the Tribunal itself."
Keywords:
case sent back to organisation; effect; judgment of the tribunal; res judicata;
Judgment 1558
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Mr. V., who defended the complainant before the Disciplinary Committee, has filed an application to intervene in the complaint on the grounds that the EPO has harmed his good name by making false, defamatory and insulting remarks about him in its surrejoinder. That matter falls outside the scope of the complaint before the Tribunal, whose ruling can have no bearing on Mr. V.'s grievance. His application is therefore disallowed."
Keywords:
complaint; decision; effect; intervention; moral injury; organisation's duties; request by a party; respect for dignity;
Judgment 1531
81st Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Yet, though it was lawful for the Memorandum of 23 February 1994 to set [the date of termination], not until 25 February did the complainant get notice of it. According to a general principle no decision unfavourable to an official may take effect before the date at which he gets notice of it. So the earliest date at which the complainant's separation from service might take effect was 26 February 1994, the day after he had notice of it".
Keywords:
date; date of notification; decision; effect; general principle; injury; separation from service;
Judgment 1419
78th Session, 1995
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
"Where the Tribunal sets a decision aside the defendant organisation is bound to take any action required to give full effect to the wording and reasoning of the judgment. When the dispute is about financial liability the Tribunal may in the full exercise of its competence either state the amount of which the defendant is liable, if a sufficiently exact figure can be put on it, or else, where execution calls for further calculation or the play of discretion, send the case back to the organisation so that it may act on the rulings in the judgment."
Keywords:
compensation; consequence; discretion; effect; execution of judgment; judgment of the tribunal; organisation's duties; res judicata;
Consideration 28
Extract:
"Contrary to what its constant use of the term 'pay policy' seeks to suggest, [the ESO's] taking the procedure of the co-ordinated organisations as its point of reference plainly incorporated into its internal rules legal criteria that it would otherwise have had to put in binding provisions of the staff rules."
Keywords:
binding character; effect; rule of another organisation; salary;
Judgment 1406
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant may not validly argue that she held a contract with the organization. Although she and various officers of the WHO did sign a proposal to extend her contract, it "was never approved by the competent officers; besides, it did not purport to be a decision and was not binding upon the WHO. So there is no valid basis in law for the rights she is claiming from the organization."
Keywords:
binding character; contract; decision; effect; non-renewal of contract; proposal;
Judgment 1401
78th Session, 1995
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Article VII(3) of the Tribunal's Statute "cannot apply to the Appeals Committee, which does not make administrative decisions but is an advisory body, with representatives of both management and staff, which submits mere recommendations. It is the Director-General who takes the final decision on the Committee's recommendation."
Reference(s)
ILOAT reference: ARTICLE VII(3) OF THE STATUTE
Keywords:
absence of final decision; advisory body; decision; effect; executive head; iloat statute; internal appeals body; recommendation;
Judgment 1398
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
If the complainant succeeded in proving flaws in the procedure adopted by the Appeals Committee "they would indeed have been fatal and the EPO would, contrary to what it says, be liable."
Keywords:
effect; flaw; internal appeals body; liability; organisation; organisation's duties; procedural flaw;
Judgment 1332
76th Session, 1994
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The effect of quashing a decision is "to restore the status quo ante".
Keywords:
date; decision; effect;
Judgment 1317
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 38
Extract:
"A fixed-term appointment will automatically cease to have effect upon expiry. But according to the case law a contract of service, even if for a fixed term, creates in law a relationship of employment; that relationship exists in an administrative context and is subject to a set of staff regulations; and there may therefore be requirements or consequences that go beyond the bounds of the contract as such."
Keywords:
case law; consequence; contract; effect; fixed-term; law of contract;
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