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Right (635,-666)

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Keywords: Right
Total judgments found: 229

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  • Judgment 349


    40th Session, 1978
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 29

    Extract:

    "the complainant can only claim overtime in accordance with his contract and his contract was never amended. ...the complainant cannot base a separate claim for overtime on a provision that was not a term of his contract..."

    Keywords:

    condition; contract; overtime; payment; provision; right;



  • Judgment 323


    39th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 28

    Extract:

    according to the organization, the modification of the salary schedule was decided by a legislative enactment of the council. if this is true, "it means that there is no control whatever over the dealings of an executive body such as the council with the staff of the organization ... since the director-general in his dealings with the staff is subject to the control of the council, it means that an official's contract gives him no rights which the council cannot nullify and in particular that he is paid his salary ex gratia and not as a matter of contract. in the opinion of the tribunal this is not the law."

    Keywords:

    amendment to the rules; contract; enforcement; legislative body; right; salary; scale;



  • Judgment 315


    39th Session, 1977
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "the clauses [of the letter of appointment] are clearly worded and formally establish that the salary stated in the contract was exclusive of any allowance, indemnity or additional sum of any kind. hence the complainant may not claim a 'separation allowance' since none was provided for in his contract. in any case no such allowance existed at the time the contract was concluded."

    Keywords:

    allowance; complainant; contract; interpretation; right; salary;



  • Judgment 294


    38th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    at issue is a new salary schedule with additional steps in the complainant's grade. "the director-general was right in thinking that the rule could not be interpreted in a way that would equalise the effect of the change. where he was wrong was in thinking that he had neither the power nor the duty to equalise the effect of the change by some other means consistent with the principle that the object of the salary scale is to reward length of service and experience. ...the change ... required some transitional provision to cover exceptional cases and it was the duty of the director-general to make such provision."

    Keywords:

    amendment to the rules; complaint allowed; decision quashed; enforcement; equal treatment; grade; increment; right; salary; scale; seniority; top step;



  • Judgment 277


    37th Session, 1976
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    the statement merely says that the council has adopted a series of proposals the purpose of which is to bring the salary scales and related benefits in line with those applicable in the european communities. "that is a mere statement of intent which did not imply any firm undertaking by the institute and which consequently did not create rights upon which the staff may rely. hence the complainant cannot rely upon that statement to support his claim to entitlement under the provisions applicable to the staff of the european communities."

    Keywords:

    binding character; enforcement; executive body; law of european communities; pension; proposal; right; rule of another organisation; salary; statement of intent;



  • Judgment 264


    35th Session, 1975
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    the complainant is right in claiming from the organisation "reimbursement of the difference between the amount to which she is entitled in respect of her husband and the amount to which her husband is entitled as an employee" of the railway corporation. the material provision is applicable, according to the general principles of existing law, even in the absence of express provision, irrespective of the sex of the official. if the official is a woman her husband should benefit from the sickness insurance if he does not himself benefit in his own right from a more favourable or equally favourable scheme.

    Keywords:

    amount; complaint allowed; dependant; difference; illness; insurance; insurance benefit; right; supplementary coverage;



  • Judgment 262


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

    Consideration 4

    Extract:

    "...the complainant is justified in contending that [two criteria respecting promotion] of the director-general's circular to the staff are applicable. he is therefore as a matter of course entitled to rely on the provision which is more favourable to him. ... the former provision is ... more favourable to the complainant than the latter, which the director-general was wrong in taking as the basis for his decision. the impugned decision should therefore be reviewed."

    Keywords:

    administrative instruction; complaint allowed; criteria; decision quashed; difference; equal treatment; promotion; provision; right;



  • Judgment 250


    34th Session, 1975
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    assuming that the terms of appointment entitling the complainant to compensation cover only cases of illness which are the direct result of his duties, by reason of the particularly demanding nature thereof, "the complainant would be entitled, quite apart from the terms of his appointment and in accordance with the general principles of liability in public law, to full compensation for any prejudice suffered by him and its direct consequences, including, for example, chronic or temporary disability."

    Keywords:

    compensation; general principle; illness; injury; invalidity; liability; right; service-incurred;



  • Judgment 233


    32nd Session, 1974
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    the purpose of the applicable provision is to ensure that on promotion to a higher grade the staff member receives an increase in salary of a certain amount. "the minimum is fixed as the amount he or she would have received if the promotion, instead of being to a higher grade, had been to the next highest step in the old grade. the language of the rule assumes that there will be a step in the new grade which will carry with it a salary high enough for this purpose."

    Keywords:

    consequence; grade; increase; promotion; right; salary; step;



  • Judgment 219


    31st Session, 1973
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    the "provision ... is applicable only to a staff member who has dependent children... it follows that the complainant is not entitled to an education allowance since he has no dependent children... the fact that he has not himself incurred the educational expenses of his children is a further reason why [the provision] is inapplicable to his case."

    Keywords:

    allowance; condition; dependent child; education expenses; right; same;

    Consideration 2

    Extract:

    "...the complainant not only does not have custody of the children, but he makes a financial contribution which is probably smaller than that made by their mother, and therefore does not actually maintain his children according to the strict interpretation of the term adopted... his claim for the payment of child allowances therefore fails."

    Keywords:

    condition; dependent child; family allowance; parents separated; right;



  • Judgment 216


    31st Session, 1973
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    vide judgment 219, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 219

    Keywords:

    allowance; condition; dependent child; education expenses; parents separated; right; same;

    Consideration 2

    Extract:

    vide judgment 219, consideration 2.

    Reference(s)

    ILOAT Judgment(s): 219

    Keywords:

    condition; dependent child; family allowance; parents separated; right;



  • Judgment 177


    26th Session, 1971
    United International Bureaux for the Protection of Intellectual Property
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4 (A)

    Extract:

    if an official or his family resides in a locality other than that where he works, "and if on that account he is liable to tax, he cannot as a rule insist on reimbursement. exceptions to this rule are allowable only in special circumstances, for example where the...official is appointed on a temporary contract or is unable to find suitable accommodation in the locality where he works."

    Keywords:

    condition; consequence; difference; duty station; refund; residence; right; tax;



  • Judgment 162


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "[I]t is unnecessary to consider whether the complainant underwent the medical examination provided for by [the Staff Rule], since this formality is merely a consequence of dismissal and not a condition of its validity. In any event the provisions concerning sickness leave were no impediment to dismissal, since [the applicable provision] provides that the right to sickness leave expires on the expiry of the contract."

    Keywords:

    condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination;



  • Judgment 161


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 162, consideration 3.

    Keywords:

    condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination;



  • Judgment 160


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Vide Judgment 162, consideration 3.

    Keywords:

    condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination;



  • Judgment 159


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 162, consideration 3.

    Keywords:

    condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination;



  • Judgment 155


    24th Session, 1970
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    There is no provision in the Staff Rules for the reimbursement of travel expenses and the payment of a subsistence allowance to officials wishing to attend the meetings of the appeals bodies at which their claims are heard. The complainant therefore has no right to such reimbursement. The organization undertook voluntarily to pay his travel expenses for the purpose of his appearance before the appeals body.

    Keywords:

    internal appeals body; organisation's duties; refund; right; travel expenses;



  • Judgment 148


    23rd Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "It appears from the organization's statements, as reasonably interpreted, that the complainant is entirely exempted from the expenses of the Medical Board if the rate of incapacity originally fixed is changed, it being irrelevant whether such a change results from the independent decision of the Director-General or is ordered by the Tribunal. It follows that as the complainant's claims have been partly recognised by the Tribunal his claim for the reimbursement of the share of expenses attributed to him is well founded."

    Keywords:

    cost of expert inquiry; refund; right;

    Consideration 3

    Extract:

    "The Medical Board did not find that the complainant was permanently incapacitated for work and did not rule out the possibility that he might be able to resume some kind of work in the future. In these circumstances the organization must retain the right to review the complainant's case from time to time and to adjust the compensation due to him in the light of any changes."

    Keywords:

    disability benefit; incapacity; medical examination; organisation; right;



  • Judgment 123


    20th Session, 1968
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The Tribunal considers that within the meaning of [the applicable provision] two years of continuous service must be interpreted as a period of service as a staff member covered by the Staff Regulations and Rules." The complainant was so covered only by some of his contracts.

    Keywords:

    enforcement; interpretation; right; staff regulations and rules; time limit;

    Consideration 2

    Extract:

    The complainant gave as his permanent residence a city in the United States. This might mean either that he was recruited there or that he was supposed to spend his home leave there. "Being open to interpretation in either of these two ways, this is thus not decisive. What is decisive, however, is the fact that [the] complainant does not deny at the time of his recruitment that he was [...] in [...] the country of his duty station." It follows that he was locally recruited and that he is not entitled to claim payment of his travel expenses or a repatriation grant under the material provisions.

    Keywords:

    appointment; duty station; repatriation allowance; residence; right; travel expenses;



  • Judgment 110


    17th Session, 1967
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant's disorders "cannot be regarded as attributable to the performance of his official duties. It is established that the complainant had previously exhausted his rights to sick leave on full pay" and the decisions to grant him sick leave on half pay "did nothing but correctly apply the provisions of [the Staff Regulations]".

    Keywords:

    illness; right; sick leave;

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Last updated: 12.08.2019 ^ top