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Publication (623,-666)

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Keywords: Publication
Total judgments found: 30

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  • Judgment 4804


    137th Session, 2024
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to reject his appeal seeking, in the main, moral damages for breach of confidentiality and defamation.

    Consideration 2

    Extract:

    By one of his claims, the complainant asks the Tribunal to order that the EPO publish, in the EPO Gazette and/or on the intranet, the President’s […] decision on internal appeal RI/31/08 […], accompanied by a summary of the facts approved by himself. However, the Tribunal is not competent to make orders of this kind against international organisations (see Judgments 4065, consideration 9, 4039, consideration 17, and 2058, consideration 13).

    Reference(s)

    ILOAT Judgment(s): 2058, 4039, 4065

    Keywords:

    competence of tribunal; injunction; publication;



  • Judgment 4007


    126th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge their redeployment following a restructuring.

    Considerations 5 and 8

    Extract:

    In Judgment 3907, [...] the Tribunal considered the lawfulness of the Principles and Procedures. At consideration 26, the Tribunal held:
    “As the promulgation of the Principles and Procedures by Information Circular was in violation of the Presidential Directive, they were without legal foundation and are, therefore, unlawful as are the decisions taken pursuant to the Principles and Procedures. It follows that the decisions to abolish the complainant’s position and to terminate the complainant’s appointment were also unlawful and will be set aside.” [...]
    The ICC does not dispute the fact that the redeployment was effected pursuant to the Principles and Procedures and does not seek to establish that it could have been done lawfully by other means. Accordingly, for the reasons stated in Judgment 3907, the redeployment decisions are unlawful and will be set aside, as will the impugned decisions [...]. In the circumstances, a consideration of whether the complainants’ positions underwent substantial changes as a result of the redeployment is unnecessary.

    Reference(s)

    ILOAT Judgment(s): 3907

    Keywords:

    abolition of post; patere legem; publication;



  • Judgment 4004


    126th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of his appeal against the abolition of his post and the termination of his fixed-term appointment, which was filed after he had accepted a mutually agreed separation.

    Considerations 6-7

    Extract:

    Among other issues which he raises, the complainant challenges the legal validity of the Information Circulars, and, by extension, the Principles and Procedures contained therein, under which his post was abolished and he separated from the ICC. He argues that by publishing the Principles and Procedures in the Information Circulars, the Registrar breached the method stipulated for their promulgation as provided in the Presidential Directive ICC/PRESD/G/2003/001 (the Presidential Directive). The Tribunal considered this very question in a detailed analysis in Judgment 3907 and concluded as follows in consideration 26:
    “In conclusion, pursuant to the Presidential Directive, the Principles and Procedures should have been promulgated by an Administrative Instruction or, arguably, by a Presidential Directive. As the promulgation of the Principles and Procedures by Information Circular was in violation of the Presidential Directive, they were without legal foundation and are, therefore, unlawful as are the decisions taken pursuant to the Principles and Procedures. It follows that the decisions to abolish the complainant’s position and to terminate the complainant’s appointment were also unlawful and will be set aside.”
    This finding also holds for the present complaint, with the result that the decisions to abolish the complainant’s post and to terminate his appointment were unlawful since the Principles and Procedures upon which they were made were promulgated in breach of the process stipulated in the Presidential Directive. The Separation Agreement arose from the implementation of the unlawful Principles and Procedures. The Separation Agreement is therefore unenforceable. In the circumstances, the ICC’s contention that the complaint is irreceivable is unsustainable and is rejected. Accordingly, the decisions to abolish the complainant’s position and to terminate his appointment will be set aside.

    Reference(s)

    ILOAT Judgment(s): 3907

    Keywords:

    abolition of post; agreed termination; patere legem; publication;



  • Judgment 3907


    125th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to abolish her post and terminate her fixed-term appointment.

    Consideration 26

    Extract:

    In conclusion, pursuant to the Presidential Directive, the Principles and Procedures should have been promulgated by an Administrative Instruction or, arguably, by a Presidential Directive. As the promulgation of the Principles and Procedures by Information Circular was in violation of the Presidential Directive, they were without legal foundation and are, therefore, unlawful as are the decisions taken pursuant to the Principles and Procedures. It follows that the decisions to abolish the complainant’s position and to terminate the complainant’s appointment were also unlawful and will be set aside.

    Keywords:

    abolition of post; patere legem; publication;



  • Judgment 3106


    113th Session, 2012
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The law of defamation is not concerned solely with the question whether a statement is defamatory in the sense that it injures a person’s reputation or tarnishes his or her good name. It is also concerned with the question whether the statement was made in circumstances that afford a defence. Broadly speaking, the defences to a claim in defamation mark out the boundaries of permissible debate and discussion. As a general rule, a statement, even if defamatory in the sense indicated, will not result in liability in defamation if it was made in response to criticism by the person claiming to have been defamed or if it was made in the course of the discussion of a matter of legitimate interest to those to whom the statement was published and, in either case, the extent of the publication was reasonable in the circumstances."

    Keywords:

    freedom of speech; liability; limits; mitigating circumstances; moral injury; publication; respect for dignity;



  • Judgment 2921


    109th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "In addition to the absence of a closing date, the vacancy notice contained no information regarding the main duties of the position, the required qualifications, or an invitation to interested applicants to apply. This is the same issue that arose in Judgment 2920 [...]. In that judgment, the Tribunal observed: 'The underlying rationale for the publication of the vacancy notice is to permit qualified staff members to make an informed decision as to whether they should submit an application to be considered for the vacant post and to foster a policy consistent with [...] the Service Regulations. Although there are no set content requirements for a vacancy notice, it cannot be said that the notice [...] in the present case provided even the minimum information that a staff member would require to reach an informed decision.' "

    Reference(s)

    ILOAT Judgment(s): 2920

    Keywords:

    formal requirements; organisation's duties; publication; staff member's interest; vacancy; vacancy notice;



  • Judgment 2920


    109th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The underlying rationale for the publication of the vacancy notice is to permit qualified staff members to make an informed decision as to whether they should submit an application to be considered for the vacant post and to foster a policy consistent with [...] the Service Regulations. Although there are no set content requirements for a vacancy notice, it cannot be said that the notice [...] in the present case provided even the minimum information that a staff member would require to reach an informed decision."

    Keywords:

    formal requirements; organisation's duties; publication; staff member's interest; vacancy; vacancy notice;



  • Judgment 2863


    108th Session, 2010
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant was notified of the decision he impugns before the Tribunal on 11 March 2008 and filed his complaint against the Eurocontrol Agency on 11 June 2008. The Agency contends that the complainant had three months as from 11 March 2008 to submit a complaint to the Tribunal in accordance with Article 93(3) of the Staff Regulations governing officials of the Eurocontrol Agency.
    "The Tribunal draws attention to the fact that the conditions for the receivability of complaints submitted to it are governed exclusively by the provisions of its own Statute. An organisation which has recognised the jurisdiction of the Tribunal may not depart from the rules which it has thus accepted. Article VII, paragraph 2, of the Statute of the Tribunal stipulates that '[t]o be receivable, a complaint must [...] have been filed within ninety days after the complainant was notified of the decision impugned or, in the case of a decision affecting a class of officials, after the decision was published'.
    It is therefore unlawful for Article 93 to set a different time limit for filing a complaint with the Tribunal by specifying that this must be done within three months rather than within ninety days. In the instant case the complainant, who was notified of the impugned decision on 11 March 2008, had ninety days to refer the matter to the Tribunal. While he is quite right in arguing that this period of time began on the day after that on which he had received notification and not on the date of notification itself, in accordance with the Tribunal's case law, his complaint is nonetheless time-barred, since this ninety-day period expired on 10 June. His complaint filed on 11 June 2008 was lodged on the ninety-first day after the day following that on which he was notified of the decision."

    Reference(s)

    ILOAT reference: Article VII, paragraph 2, of the Statute
    Organization rules reference: Article 93(3) of the Staff Regulations governing officials of the Eurocontrol Agency

    Keywords:

    complaint; condition; date; date of notification; difference; flaw; general decision; iloat statute; individual decision; organisation's duties; publication; receivability of the complaint; staff regulations and rules; start of time limit; time bar; time limit; written rule;



  • Judgment 2837


    107th Session, 2009
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7-8

    Extract:

    The complainant was not granted the personal promotion she was eligible for and the Organization did not respect its obligation to publish the list of officials who were granted such a promotion.
    "Contrary to the Organization, which maintains that its failure to publish the list could not have caused any injury to the complainant and in no way influenced the decision to refuse her such a promotion, the Tribunal considers that non publication of the list in question deprived the complainant of information that she might have found useful in filing a request for review [...].
    The impugned decision must therefore be set aside [...], and the case must be referred back to the Organization so that it may publish the list of officials who were granted a personal promotion [...]. The complainant may, if she so wishes, file a request for review within a fixed period from the date of publication of the list in question."

    Keywords:

    breach; consequence; organisation's duties; personal promotion; publication; refusal; time limit; written rule;



  • Judgment 2760


    105th Session, 2008
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant, a Canadian national, married a person of the same sex, as she is permitted to do under the law in force in Canada. She immediately informed the Agency of her new marital status and applied for the dependency benefits to which staff members with a spouse are eligible, but her application was rejected. The defendant points out that, for the purpose of applying its Staff Regulations and Staff Rules, it has a definition of the term "spouse" which refers only to the partners of a union between persons of opposite sex, since the Guide to Dependency Benefits, which was drawn up for the staff, indicates that the term "'[s]pouse' for all purposes of the Staff Regulations and Staff Rules is defined to mean the husband or wife". "But this mere information document, which was prepared by the Administration and has no normative value, clearly cannot prescribe the adoption of a restrictive definition which does not appear in the applicable texts themselves.
    Furthermore, while the Tribunal notes that the same definition was also given in a Notice to the Staff of 11 July 2005, that document likewise could not narrow the scope of the concept of 'spouse' to which the Staff Regulations and Staff Rules refer. Although the secretariat of an organisation may always circulate a Notice to the Staff to clarify certain provisions of its staff regulations and rules, such a notice cannot impose on staff any restrictive conditions other than those stipulated in the provisions themselves."

    Reference(s)

    Organization rules reference: Guide to Dependency Benefits

    Keywords:

    administrative instruction; applicable law; binding character; condition; definition; dependant; domestic law; enforcement; family allowance; information note; limits; marital status; organisation; precedence of rules; provision; publication; purpose; refusal; request by a party; same-sex marriage; staff regulations and rules; written rule;



  • Judgment 2744


    105th Session, 2008
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "In the present case, over three years have elapsed between the filing of the complainant's appeal and the issuing of the Internal Appeals Committee's opinion. Moreover, two and a half years have elapsed between the filing of the appeal and the submission of the EPO's position paper before the Committee, which constitutes an excessive delay in the proceedings. Therefore, the complainant is entitled to 1,000 euros in moral damages."

    Keywords:

    administrative delay; date; delay; internal appeal; internal appeals body; moral injury; period; procedure before the tribunal; publication; report; right;



  • Judgment 2626


    103rd Session, 2007
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5(a)

    Extract:

    "A decision to refuse to publish in an international organisation's in-house magazine the corrigendum of an article which, in the opinion of the staff member concerned, injures his personal interests may constitute a breach of that staff member's personal rights and an infringement of his freedom of expression. Insofar as such a decision in itself produces legal effects and infringes the rights of the staff member concerned, it constitutes an administrative act causing injury."

    Keywords:

    amendment to the rules; breach; cause of action; effect; freedom of speech; individual decision; injury; moral injury; organisation; publication; refusal; respect for dignity; right; staff member's interest;



  • Judgment 2480


    100th Session, 2006
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2 and 4

    Extract:

    The complainant takes issue with an ILO circular which concerned matrimonial property rights. It informed foreign nationals, like himself, who were married outside Switzerland with no marriage contract, that Switzerland was treating such persons as subject to the Swiss regime of joint ownership of property acquired after marriage (participation aux acquêts). He holds that by accepting such "instructions" from the Swiss Government, the Organization caused him undue financial hardship and "deep moral suffering". The Tribunal considers that the circular was "simply the transmission by the ILO to its staff members resident in Geneva of information received from the local 'Chambre des notaires'. [...] The publication by an international organisation for its staff members of purely objective information of this sort relating to local private law is manifestly not a matter falling within the Tribunal's field of competence."

    Reference(s)

    Organization rules reference: ILO Circular No. 451, Series 6

    Keywords:

    competence of tribunal; domestic law; headquarters official; information note; marital status; material injury; moral injury; nationality; official; organisation; publication; written rule;



  • Judgment 2315


    96th Session, 2004
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 25

    Extract:

    The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. "A change in the nature of the discretion to be exercised in determining whether to grant future rights by the extension or renewal of a contract cannot be said to effect a change in an existing legal interest, much less in an existing legal right or existing legal status. Accordingly, the seven year policy embodied in [the] directive [...] is not retroactive even if the seven year period is computed from a time prior to the proclamation of that policy."

    Keywords:

    amendment to the rules; appointment; career; consequence; contract; date; decision; discretion; exception; extension of contract; general principle; limits; non-local status; official; organisation; period; professional category; publication; reckoning; right; staff member's interest; status of complainant; terms of appointment; written rule;

    Considerations 22-23

    Extract:

    "There are two aspects to the rule against retroactivity. The first is a rule of interpretation which requires that a provision not be construed as having retroactive effect unless that is clearly intended. The second is a substantive rule of international civil service law which, as explained in Judgment 1589, prevents a retroactive change in the legal status of staff save in limited circumstances [...]. However, to state the rule in this way is not to expose what is meant by 'retroactive'. In general terms, a provision is retroactive if it effects some change in existing legal status, rights, liabilities or interests from a date prior to its proclamation, but not if it merely affects the procedures to be observed in the future with respect to such status, rights, liabilities or interests."

    Reference(s)

    ILOAT Judgment(s): 1589

    Keywords:

    amendment to the rules; case law; collective rights; condition; consequence; date; definition; effect; exception; general principle; international civil service principles; interpretation; non-retroactivity; official; organisation's interest; procedure before the tribunal; provision; publication; purpose; right; staff member's duties; staff member's interest;



  • Judgment 2296


    96th Session, 2004
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "There can be no doubt of the right of an international organisation to set obligatory rules for the conduct of its staff governing various aspects of their relations with their employer, and that this right includes the right to set reasonable limitation periods during which claims against the employer must be asserted. However, such rules must be published or otherwise made known to all the members of staff concerned in a way which can leave absolutely no doubt as to the nature and reach of the rule, and no doubt that it has been brought to the attention of all those to whom it applies. Even if the [Organization] had succeeded in showing that the tax reimbursement instructions had been given to the staff individually, which it has signally failed to do, it would also have to have shown that all others in like case had been similarly advised. Rules limiting the right to exercise a fundamental condition of employment applicable to all international civil servants are only permissible if they, too, are applicable to all."

    Keywords:

    enforcement; equal treatment; evidence; judicial review; limits; official; organisation's duties; payment; provision; publication; purport; reasonable time; refund; right; tax; terms of appointment; time limit;



  • Judgment 2228


    95th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The Staff Committee's access to the organisation's internal electronic mail system was withdrawn after the organisation made an objection on technical grounds following the mass distribution of documents. "The Staff Committee is responsible for [...] maintaining "suitable contacts between the competent administrative authorities and the staff", which necessarily implies the availability of adequate means of communication within the organisation... Nevertheless, the incident mentioned by the [organisation] involving the mass distribution of a union report [...] shows that some degree of control is necessary, without jeopardising the Staff Committee's freedom of expression and speech."

    Keywords:

    acceptance; consequence; facilities; freedom of speech; liability; official; organisation; publication; purpose; rebuttal; refusal; report; staff union;



  • Judgment 2227


    95th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant was informed by a letter of 22 December 1999 that the administration reserved the right to approve the photocopying and distribution of circulars issued by staff representatives. "The Tribunal recalled, in Judgment 911 [...], that a staff association enjoys broad freedom of speech and the right to take to task the administration of the organisation whose employees it represents, but that like any other freedom such freedom has its bounds. thus any action that impairs the dignity of the international civil service, and likewise gross abuse of freedom of speech, are inadmissible. But the prevention of such abuse cannot give the administration a power of prior censorship over the communication of written information produced by the groups and associations concerned. Herein lies the problem in this case: the Office considers it has a general right to authorise, which it maintains it uses only with moderation, but the limits of such authorisation are by no means clear. The Tribunal cannot set aside a general decision on the grounds that it does not offer the guarantees that are in any case available to staff members on the basis of the general principles of international civil service law, as established and interpreted by the Tribunal and other international administrative tribunals. These principles confine the administration's scope of action to cases where there is gross abuse of the right to freedom of expression or lack of protection of the individual interests of persons affected by remarks that are ill-intentioned, defamatory or which concern their private lives. And it is in the light of these principles that the letter of 22 December 1999 [...] should be interpreted. a refusal to grant an authorisation may be regarded as lawful only if it complies with the above principles."

    Reference(s)

    ILOAT Judgment(s): 911

    Keywords:

    acceptance; case law; collective rights; exception; freedom of speech; general decision; general principle; iloat; international civil service principles; interpretation; judicial review; limits; official; organisation; outside activity; publication; refusal; respect for dignity; right; safeguard; staff member's interest; staff representative; staff union; staff union activity; tribunal;



  • Judgment 2120


    93rd Session, 2002
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10-11

    Extract:

    A paragraph of a notice issued by the Organisation's secretariat stipulates that the spouse of a staff member shall normally not be employed in the same department as the staff member. The Tribunal considers that "the provision improperly discriminates between candidates for appointment based on their marital status and family relationship [...]. Discrimination on such grounds is contrary to the Charter of the United Nations, general principles of law and those which govern the international civil service, as well as international instruments on human rights. [...] All forms of improper discrimination are prohibited. What is improper discrimination? It is, at least in the employment context, the drawing of distinctions between staff members or candidates for appointment on the basis of irrelevant personal characteristics. Manifestly, the fact that two staff members may be married to each other is not relevant to their competence or the capacity of either one of them to fulfil their obligations. and, if it is thought that marital or intimate personal relationships between staff members may create management problems, such problems must be dealt with in ways that do not discriminate against either of them as a result of such relationships. The Tribunal notes that [the notice] as it is written, besides being too broad, is not even effective in dealing with the presumed possibility of undue influence or favouritism for it is silent on non-marital intimate relationships. It also fails to deal with marriages taking place after appointment".

    Keywords:

    administrative instruction; assignment; breach; candidate; competition; definition; difference; equal treatment; family relationship; general principle; grounds; international civil service principles; international instrument; official; organisation; post; provision; publication; qualifications; staff member's duties; terms of appointment; un charter; universal declaration of human rights;

    Consideration 9

    Extract:

    The complainant assumes that the provisions of a notice issued by the Organisation's secretariat, being subordinate legislation, are incompatible with the corresponding provisions of the primary legislation, namely the Staff Rules. The Tribunal considers that the notice "does not merely implement or clarify the Staff Rule; it purports to extend its reach substantially. It cannot stand."

    Keywords:

    administrative instruction; condition; definition; difference; enforcement; limits; organisation; precedence of rules; provision; publication; purport; purpose; staff regulations and rules;



  • Judgment 2058


    91st Session, 2001
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The complainant asks that the defendant be ordered to publish a denial of the accusations made in [a flash published by the staff union]. It is not, however, for the Tribunal to issue such an injunction."

    Keywords:

    claim; competence of tribunal; moral injury; publication; receivability of the complaint; respect for dignity; staff union;



  • Judgment 2006


    90th Session, 2001
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The complainant contends that based on a recently published circular, his promotion should have been made retroactive to the date he took up his new duties. "However, to give retroactive effect to [the] circular would not be possible since according to customary methods of interpretation any action prescribed in a text is deemed to be of immediate effect. There is no presumption of retroactive effect.' (Judgment 742 [...]). Indeed, there can be no retroactive application of the rights sought by the complainant, and his status results only from the publication of the circular in question. The charge of arbitrariness would be tenable if there were no basis for applying the circular to the case of the complainant, but, as shown above, the scope of the text explicitly covered his situation."

    Reference(s)

    ILOAT Judgment(s): 742

    Keywords:

    bias; date; effective date; general principle; interpretation; non-retroactivity; promotion; publication; right; staff regulations and rules; written rule;

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