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Elements (609,-666)

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Keywords: Elements
Total judgments found: 48

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  • Judgment 880


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The general rating is a synthesis of the marks in the staff member's report and of several imponderables that also count in giving a fair opinion of his services to the organisation."

    Keywords:

    discretion; elements; performance report; work appraisal;



  • Judgment 873


    63rd Session, 1987
    Intergovernmental Council of Copper Exporting Countries
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The Staff Regulations do not say what notice shall be given or how much shall be paid in compensation to the redundant staff member. [...] When his post is abolished someone with a fixed-term appointment is ordinarily entitled to notice and to fair and reasonable compensation. The amount and the manner of determining it will depend on the particular circumstances of the organisation and an assessment of the staff member's own situation and seniority and the terms of his appointment. The decision must not be discriminatory or tainted with any other flaw."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE

    Keywords:

    abolition of post; amount; compensation; elements; moral injury; no provision; notice; organisation's duties; terminal entitlements;



  • Judgment 817


    62nd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "No contract of employment will come into being unless there are an unqualified offer by the employer, agreement between the parties on the essential terms, and unqualified acceptance by the employee."

    Keywords:

    acceptance; contract; definition; elements; law of contract; offer;



  • Judgment 664


    56th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant, who was the victim of an accident, took up duty after the date originally agreed upon. The date on which she took up duty was set as her date of appointment. The delay in her recruitment did not lead to novation of the whole contract. Only one of the terms of the contract was altered. The others remained in force and were applied in full. The suspension of the contract did not lead to its annulation. If it had, the organisation might have refused to appoint the complainant when she became fit to start work. "Yet that would have been neither fair nor reasonable."

    Keywords:

    amendment to the rules; appointment; contract; date; elements; professional accident;



  • Judgment 528


    49th Session, 1982
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Though the existence of such a risk [noise levels] is, in the Tribunal's view, a material point, it does not suffice to establish that the complainant's disability was service-incurred".

    Keywords:

    elements; evidence; illness; service-incurred; working conditions;



  • Judgment 507


    48th Session, 1982
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The complainants say that as a result of collective bargaining a salary study is made annually and followed by a general improvement in the salary levels. They do not, however, allege that there is any contractual obligation on the organisation to increase salaries in this way. The organisation agrees that, if any improvement is made, it must be paid to all, including the complainants, in the same position. The compensation payable to the complainants for their wrongful dismissal should be assessed accordingly."

    Keywords:

    adjustment; amount; elements; salary; termination of employment;



  • Judgment 442


    46th Session, 1981
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "There may be either one or two stages in review proceedings. The Tribunal will first determine whether the plea is admissible. If it is not, the Tribunal will dismiss the application without looking further. If it holds any of the pleas to be admissible, it will then reconsider its judgment on the basis of the evidence adduced in the review proceedings. Those are the only circumstances in which the Tribunal will hear the complainant's submissions on the merits."

    Reference(s)

    ILOAT Judgment(s): 404

    Keywords:

    application for review; claim; elements; judgment of the tribunal; procedure before the tribunal; receivability of the complaint;



  • Judgment 421


    45th Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    the tribunal concludes that an information note on the setting up of a working party did not become part of the contractual relationship between the organisation and the complainant. it is not therefore competent to consider allegations that the terms of the note were not observed. the note may have constituted an agreement between the director and the staff union, but that would not bring it within the competence of the tribunal.

    Keywords:

    binding character; competence of tribunal; contract; elements; information note; staff union agreement;



  • Judgment 417


    44th Session, 1980
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "It is not necessary to decide that in all circumstances and for all purposes a notice of personnel action is part of the contract of employment. On the face of it is a summary in a convenient form of what a concluded contract contains. If the form contains provisions that are not in the concluded contract, the staff member could refuse to sign it as unacceptable. If he signs it as acceptable, it must depend on the circumstances whether or not any new matter is to be treated as supplementing the [...] contract and thus becoming part of it."

    Keywords:

    amendment to the rules; contract; elements;



  • Judgment 380


    42nd Session, 1979
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    The complainants must "establish that they are entitled to enforce [the] agreements as a part of their contracts of employment over which alone the Tribunal has jurisdiction."

    Keywords:

    burden of proof; competence of tribunal; complainant; contract; elements; enforcement; staff union agreement; terms of appointment;



  • Judgment 317


    39th Session, 1977
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The [organisation] asks the Tribunal to strike from the complainant's original memorandum a passage which it regards as libellous and irrelevant and in which the complainant alleges that one of her supervisors showed her unwanted attentions. [...] There are no grounds for striking out the complainant's allegations. Since they have a bearing on her work, they are in principle admissible. The fact that they are not proved does not mean that they may be treated as wittingly false."

    Keywords:

    application for quashing; appraisal of evidence; complaint; elements; organisation;



  • Judgment 299


    38th Session, 1977
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "In view of the [applicable] provisions [...] the Tribunal holds that, although in this case the job description for a post is the sole basis which should be taken into account, it should cover not only purely descriptive material considerations but also subjective ones: account must be taken of, for example, staff members' actual responsibilities."

    Keywords:

    discretion; elements; post description;



  • Judgment 284


    37th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant seeks the removal of a minute which "consists of the supervisor's comments on the complainant's minute of appeal from the decision to with hold his increment. These memoranda were properly placed in the complainant's confidential personnel file in accordance with [the relevant Manual provision]. Under [that provision] the complainant is entitled to receive copies of them and he has in fact had copies. There is no rule authorising their removal on the ground that they are detrimental."

    Keywords:

    confidential evidence; elements; personal file;



  • Judgment 282


    37th Session, 1976
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "A clear distinction must be drawn between the quality of a staff member's work, as reflected in such things as performance reports and promotion, and specific facts or a general attitude at variance with his duties as a staff member and warranting disciplinary action."

    Keywords:

    conduct; elements; fitness for international civil service; promotion; rating; staff member's duties; work appraisal;



  • Judgment 274


    36th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    "[A]s a general rule a staff member gives no undertaking, express or implied, about how she will conduct herself in the business of the Staff Council or its organs. It would be contrary to the principle of freedom of association that she should. Freedom of association means that there must be freedom of discussion and of debate [...] There could be no true freedom of association if the disapproval of the Director-General [...] of what was said could lead to disciplinary measures."

    Keywords:

    competence; definition; elements; executive head; freedom of association; staff union;



  • Judgment 272


    36th Session, 1976
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Since the cases of the interveners are to be remitted to the Director-General because of the insufficiency of the evidence that is supplied with them the Tribunal can award no costs in respect of them."

    Keywords:

    case sent back to organisation; costs; elements; intervention; lack of evidence; local status; no award of costs; non-local status;



  • Judgment 262


    35th Session, 1975
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "In principle a complainant whose complaint is allowed in whole or in part is entitled to costs, to be paid by the defendant organisation. There is no need for the complainant to have put in an express claim for such costs. Nor is it material whether he has been assisted or represented by counsel. However, costs are payable only to the extent warranted by the circumstances of the case, that is to say its nature, importance and complexity and the actual contribution made by the complainant or his counsel to the proceedings."

    Keywords:

    amount; consequence; costs; elements;



  • Judgment 256


    34th Session, 1975
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    Under the Staff Regulations, "any other documents relating to measures officially taken or considered in connection with the official" may be placed in an official's personal file. The text is ambiguous. Narrow construction: measures which give rise to rights or duties. Broader construction: all measures which may affect a staff member. "Literal interpretation not being conclusive, it is necessary to consider the purpose of the [provision] in order to determine its true meaning. [...] Its purpose is to make available information on the professional situation of each staff member." Thus the proper construction is "documents which affect his professional situation."

    Keywords:

    criteria; elements; interpretation; personal file; purpose;



  • Judgment 251


    34th Session, 1975
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "In choosing from among several candidates [...] length of service and university education are not the sole criteria. In fact the most important one is fitness for the vacant post."

    Keywords:

    appointment; candidate; condition; degree; elements; qualifications; seniority; vacancy;



  • Judgment 238


    33rd Session, 1974
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The process of selection of civil servants should by its very nature be based not just on the results of an examination but on any other useful criteria. Account should be taken, not only of the candidates' possession of the expressly stipulated qualifications, but of their degrees and of their professional experience, which in itself constitutes a criterion for selection and one of particular relevance in recruiting civil servants."

    Keywords:

    appointment; competition; condition; degree; discretion; elements; open competition; professional experience; vacancy;

    Considerations

    Extract:

    "An internal competition, of which the main purpose is to promote existing staff members, normally entails taking into consideration all the information available to the organisation concerning them, and in particular information which allows of appraising the professional experience of the candidates."

    Keywords:

    appointment; competition; discretion; elements; internal competition; professional experience; promotion; purpose;

    Considerations

    Extract:

    "In taking previous performance [of serving staff members] as one of its criteria for the classification of candidates, the Board of examiners [...] did not exceed its proper authority to make a general assessment of them and make a choice."

    Keywords:

    appointment; competition; condition; discretion; elements; internal competition; work appraisal;

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