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Right (635,-666)

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Keywords: Right
Total judgments found: 229

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  • 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;



  • Judgment 2004


    90th Session, 2001
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "The Tribunal wishes to emphasise that there is nothing wrong in having a policy aimed at gender parity. For too long women have been subjected to discrimination in appointments to senior posts which can be proved by statistics. But this policy cannot be achieved by setting quotas and by reverse discrimination, in other words, by the appointment for particular posts of women who are less qualified than men. This is contrary to [Staff] Regulation 4.3 which provides that selection shall be without regard to race, creed or sex'. The policy can be achieved by different means [...] but the bottom line must always be that the person best qualified should be appointed."

    Reference(s)

    Organization rules reference: WHO STAFF REGULATION 4.3

    Keywords:

    appointment; candidate; case sent back to organisation; competition; complaint allowed; complaint allowed in part; decision quashed; equal treatment; priority; qualifications; remand; right; sex discrimination;



  • Judgment 1977


    89th Session, 2000
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant refused to avail himself of his right to respond to allegations during the internal investigations of his serious misconduct. "In these circumstances, the complainant's request for a hearing is manifestly unjustified. The complainant has offered no evidence at any stage of the proceedings against him, therefore, such a hearing could not possibly add anything to the record before the Tribunal."

    Keywords:

    evidence; misconduct; oral proceedings; refusal; right; right to reply; serious misconduct;



  • 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 1929


    88th Session, 2000
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "It is not in the interests of the complainant to seek a ruling in law [...] when in practice he can obtain the quashing of the decision and redress."

    Keywords:

    claim; complaint allowed; complaint allowed in part; decision quashed; judgment of the tribunal; receivability of the complaint; right;



  • Judgment 1888


    87th Session, 1999
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Both the Regional Board and the Headquarters Board of Appeal made a specific finding that the appeals were receivable, but the Tribunal's case law establishes that notwithstanding such findings it is still open to the organization to submit the question of the receivability of the internal appeal to the Tribunal."

    Reference(s)

    ILOAT Judgment(s): 575

    Keywords:

    case law; internal appeal; internal appeals body; organisation; receivability of the complaint; recommendation; report; right;



  • Judgment 1800


    86th Session, 1999
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The complainants' [...] plea is that the sole purpose of the change in the rules on the [post adjustment] index [decided by the ICSC] was to save money. The Tribunal need only quote the reply it gave to that argument in Judgment 1776: 'If the new method is lawful the fact that applying it saves member States money cannot in itself be a flaw.' And the evidence suggests no misuse of authority by the [ICSC], which, against the odds, tries to find from time to time objective criteria for reckoning post adjustment throughout the common system."

    Reference(s)

    ILOAT Judgment(s): 1776

    Keywords:

    amendment to the rules; budgetary reasons; case law; icsc decision; international civil servant; member state; misuse of authority; post adjustment; reckoning; right; salary; same;



  • Judgment 1791


    86th Session, 1999
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 15 and 16

    Extract:

    "The complainants contend that [...] the impugned decision was in breach of [...] their right to a steady level of pay. [...] [T]hey maintain that [...] the Organization acted in breach of the general principle of the international civil service known as Noblemaire. The Tribunal is satisfied that there was no breach here of any principle of the international civil service. [...] [T]he measure the complainants are objecting to was exceptional and limited in time. As for their right to a steady level of pay, that measure neither changed the pay scales nor had any impact whatever on terms of employment in the long term. The conclusion is that there was no breach of acquired rights."

    Keywords:

    acquired right; amendment to the rules; breach; exception; international civil servant; international civil service principles; noblemaire principle; provisional decision; reduction; right; salary; scale; terms of appointment;



  • Judgment 1789


    86th Session, 1999
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "[The Organisation] rejected [the complainant's application] on the grounds that he was overqualified [for the job put up for competition]. Such grounds are wrong in law. Yet they are the only ones on which the [organisation] rejected the complainant, purporting to act under R II 1.03 [of the Staff Regulations]. It thereby denied the complainant his right to apply and to have his application properly considered. There was breach of equal treatment."

    Reference(s)

    Organization rules reference: ARTICLE R II 1.03 OF THE STAFF REGULATIONS

    Keywords:

    breach; candidate; competition; complaint allowed; criteria; discretion; equal treatment; flaw; grounds; procedure; rejected permanently; right; staff regulations and rules;



  • Judgment 1787


    86th Session, 1999
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Although the abolition of his post did demand of the Organization efforts to place him suitably and at the right grade elsewhere, he had no right to preference for any particular post, the less so since others were in the same plight. He may object to the Organization's failure to let him have the transfer he wanted, but such failure does not make it unlawful for the organization to have appointed another official to the post he had applied for, provided at least that that official was qualified."

    Keywords:

    abolition of post; appointment; competition; complaint allowed; condition; equal treatment; grade; organisation's duties; post; priority; qualifications; reassignment; right;



  • Judgment 1775


    85th Session, 1998
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    According to the complainant, the way he accepted the offer of employment did form a binding contract. The Tribunal considers that "[the complainant] must show an unqualified agreement and meeting of minds between the Organization and himself on the essential terms of a contract of employment. The Tribunal is unable to read [a telex from the complainant to the Organization] as anything but a counter-offer on one of the most essential terms of the proposed contract, namely remuneration. Certainly, it cannot be said to be an unqualified acceptance and the fact that it is couched in terms of a claim of right does nothing to change its character; a potential employee does not have an automatic right to any particular grade or step and an offer which specifies one figure of salary cannot be accepted by a claim to a higher figure: see Judgment 228 [...]."

    Reference(s)

    ILOAT Judgment(s): 228

    Keywords:

    acceptance; case law; contract; grade; offer; right; salary; step;



  • Judgment 1767


    85th Session, 1998
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12 and 13

    Extract:

    The texts provide that one member of the Selection Committee "must be the Staff Association's President or his nominee'. [...] Here the Staff Association refused to take part in the selection. Although a representative of the Association is free to take part, his refusal to do so cannot make the Committee's choice void. If that were so, the Staff Association's representative would have a veto [...]."

    Keywords:

    consequence; participation; refusal; right; selection board; staff representative; staff union;



  • Judgment 1765


    85th Session, 1998
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The International Civil Service Commission made a mistake in reckoning the multiplier used to work out the post adjustment in Geneva. "[The Organization] has the duty of checking the lawfulness of any decision by another body on which it bases its own decision. So too must it check the adequacy of action by that other body to correct any mistake it may have made, and make sure that such corrective action respects the rights of staff."

    Keywords:

    adjustment; breach; complaint allowed; decision; icsc decision; organisation's duties; post adjustment; right; salary;



  • Judgment 1706


    84th Session, 1998
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The complainant, placed on special leave without pay following an 'agreed termination' was a candidate in an internal competition. The Organization maintains that she was no longer a staff member at the moment of recruitment. "The Tribunal [...] holds that the 'agreed termination' did not in any way restrict her rights under the Staff Rules, while she remained a staff member, to preference over an outside male candidate in any future competition where qualifications were equal."

    Keywords:

    agreed termination; appointment; candidate; competition; complaint allowed; complaint allowed in part; internal candidate; priority; right; sex discrimination; special leave; staff regulations and rules; unpaid leave;

    Consideration 15

    Extract:

    "UNIDO's professed policy of increasing the number of women staff at all levels required at least that, other things being equal, it should give preference to applications from women; indeed encouraging women to apply was consistent only with their right to such preference."

    Keywords:

    candidate; competition; complaint allowed; complaint allowed in part; priority; right; sex discrimination;

    Consideration 17

    Extract:

    "As for the special panel set up to deal with allegations of discrimination, neither the Joint Appeals Board nor UNIDO cites any provision of the Staff Rules which compels recourse to that panel. The complainant's failure to put her grievance to it does not make her complaint irreceivable. Where a matter is otherwise within its jurisdiction the Tribunal can and will entertain related allegations of discrimination."

    Keywords:

    competence of tribunal; complaint allowed; complaint allowed in part; internal appeal; internal appeals body; internal remedies exhausted; priority; receivability of the complaint; right; sex discrimination; staff member's duties; staff regulations and rules; tribunal;



  • Judgment 1700


    84th Session, 1998
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 28

    Extract:

    "Staff members are expected to know their rights: ignorance of the law is no excuse." For failure to lodge a timely appeal.

    Keywords:

    duty to be informed; exception; internal appeal; right; staff regulations and rules; time bar; time limit;



  • Judgment 1639


    83rd Session, 1997
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The Director-General took the view that since the complainant admitted misconduct there was no need to give her any opportunity of defending herself. "The defendant's argument is mistaken. Before it notified to her the decision of summary dismissal it had brought no charges against her, and she therefore had no case to answer. And once it had made the decision to dismiss her without giving her a prior hearing, it had already acted in breach of due process. [...] An international organisation must inform the staff member of any charges it is levelling against him and give him the opportunity of answering before it takes any disciplinary action: audi alteram partem is a requirement it must observe in all circumstances. [...] Even though she had admitted to the incident, she did not on that account forfeit her right to be heard, be it to make a plea in mitigation or to give her own version of the facts or to raise any other issue she wished in her own defence."

    Keywords:

    adversarial proceedings; complainant; complaint allowed; complaint allowed in part; disciplinary measure; duty to inform; mitigating circumstances; organisation's duties; right; right to reply; serious misconduct; summary dismissal; termination;



  • Judgment 1500


    80th Session, 1996
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Advancement under Staff Regulation 3.4 "consists in rising by steps: any staff member qualifies for it who meets the conditions of seniority and 'satisfactory service'. Personal promotion means rising in grade without any change in duties and is a benefit that the Director General may bestow at discretion. He does so only in 'exceptional circumstances' to reward someone for services of a quality higher than that ordinarily expected of the holder of the post."

    Reference(s)

    Organization rules reference: WIPO STAFF REGULATION 3.4

    Keywords:

    condition; discretion; executive head; increment; personal promotion; right; staff regulations and rules;



  • Judgment 1403


    78th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "An entitlement that Staff Regulations or Rules provide for need not be stated in the contract of employment."

    Keywords:

    complaint allowed; complaint allowed in part; contract; right; staff regulations and rules;



  • Judgment 1388


    78th Session, 1995
    Intergovernmental Organisation for International Carriage by Rail
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "According to consistent precedent promotion is at the discretion of the organisation, which must be free to grant or withhold it in accordance with objective working requirements. It follows that any grant of promotion at the time of retirement is inherently contrary to the organisation's interests because by then there can no longer be any question of taking on the higher level of responsibility that promotion entails."

    Keywords:

    case law; date; discretion; effective date; organisation's interest; promotion; retirement; right; separation from service;



  • Judgment 1383


    78th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 14 and 15

    Extract:

    The selection process for a vacancy that had been put up for competition was fatally flawed because the successful candidate did not meet the minimum requirements in the vacancy notice. The complainant "admits that she drafted the description to fit her own qualifications and experience [and that she was] endeavouring from the outset to pervert the process to secure her own appointment. [...] In the circumstances she is not entitled to any damages at all. [...] Accordingly, the Tribunal will [not] award the complainant damages for material or moral injury."

    Keywords:

    appointment; candidate; compensation; competition; complainant; flaw; good faith; material damages; moral damages; procedural flaw; refusal; right; vacancy notice;

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Last updated: 19.09.2019 ^ top