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Right (635,-666)

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Keywords: Right
Total judgments found: 229

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  • Judgment 1382


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

    Considerations 4, 5 and 6

    Extract:

    The complainant was a locally recruited official in the general service category whose appointment was terminated after the paho abolished his post. He submits that the Organization ruled out the possibility of reassignment by limiting the geographical scope of a competition. The plea fails. WHO Manual paragraph II.9.290 confers no right on general service staff to reassignment on a post outside their duty station. Staff Rule 510.1 precludes reassignment of such staff outside their duty station unless there is mutual agreement and under Rule 1310.2 all posts in the general service category are subject to local recruitment.

    Reference(s)

    Organization rules reference: WHO MANUAL PARAGRAPH II.9.290; PAHO STAFF RULE 510.1; PAHO STAFF RULE 1310.2

    Keywords:

    appointment; duty station; general service category; interpretation; local status; reassignment; right; staff regulations and rules; written rule;



  • Judgment 1369


    77th Session, 1994
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "The Tribunal must enforce the law within the full ambit of the competence its Statute vests in it. For that purpose it will apply any material rule of law, be it international or administrative or labour law or any other body of law. The only sort it will not apply is national law, save where there is express renvoi thereto in the Staff Regulations or contract of employment: see Judgment 1311 [...], under 15."

    Reference(s)

    ILOAT Judgment(s): 1311

    Keywords:

    applicable law; case law; competence of tribunal; contract; domestic law; exception; iloat statute; international civil service principles; international instrument; law of contract; right; staff regulations and rules; written rule;

    Consideration 16

    Extract:

    An international organisation is "free to choose whatever methods or means it likes - be they formal rules or contracts of employment - to define the terms of appointment of staff. But any collective agreement it does conclude becomes part of the law of the international civil service. Signing such an agreement puts it under obligations in law; a member of its staff may plead such obligations in a complaint to the Tribunal; and the Tribunal will review compliance with the letter and spirit of the agreement."

    Keywords:

    collective rights; international civil service principles; judicial review; organisation's duties; organisation's interest; right; right of appeal; staff union agreement; working conditions; written rule;



  • Judgment 1339


    77th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    Both the complainant and his wife are international civil servants. They work for different organisations. The complainant claimed a share of the leave for which the rules provide in the event of childbirth. "But parental leave is something to be negotiated and agreed with the employer: it may not be claimed as of right. The WHO's rules provide for the grant of maternity leave, not of paternity or parental leave, and until the latter is agreed upon or prescribed the right to it does not exist."

    Keywords:

    collective bargaining; maternity leave; provision; right; staff regulations and rules;



  • Judgment 1326


    76th Session, 1994
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 13 and 14

    Extract:

    The complainant alleges breach of his right to a termination indemnity because his post was abolished by the ITU. The Tribunal holds that he was not dismissed but transferred from the ITU to another organisation under the inter-organization agreement concerning transfer, secondment or loan of staff among the organizations of the United Nations common system. Since his leaving the ITU did not result from the abolition of his post, he is not entitled to a termination indemnity.

    Keywords:

    abolition of post; coordinated organisations; inter-agency agreement; right; secondment; separation from service; terminal entitlements; termination;



  • Judgment 1278


    75th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "The WHO may not absolve itself from liability for keeping a promise by pointing to the provision that there shall be no expectation of renewal."

    Keywords:

    complaint allowed; contract; decision quashed; extension; fixed-term; organisation's duties; promise; right; staff regulations and rules;



  • Judgment 1251


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The complainant was accused of misappropriating funds and summarily dismissed for misconduct. He claims payment of repatriation costs, to which he would not be entitled upon summary dismissal under Rule 109.9 (f). However, the Director-General agreed to deduct them from the sums which he allegedly owed the organization. The Tribunal holds that "since the dismissal was wrongful and the organization has failed to prove that the complainant owes it that sum, the claim succeeds."

    Reference(s)

    Organization rules reference: STAFF RULE 109.9 (F)

    Keywords:

    complaint allowed; decision; decision quashed; disciplinary measure; discretion; executive head; repatriation allowance; right; serious misconduct; summary dismissal; termination;



  • Judgment 1246


    74th Session, 1993
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "The procedural flaw caused the complainant injury. As to the relief she is entitled to on that account, the Tribunal holds that it is not advisable to grant her the redress that would ordinarily be the consequence of quashing the impugned decision, namely reinstatement. The Tribunal therefore exercises the discretion vested in it by Article VIII of its Statute and instead awards the complainant damages for the breach of procedure. It sets the amount at the equivalent of one year's salary and allowances."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE

    Keywords:

    allowance; compensation; complaint allowed; complaint allowed in part; decision; due process; flaw; iloat statute; material damages; procedural flaw; reinstatement; right; salary; tribunal;



  • Judgment 1238


    74th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The Tribunal ordered the complainant's reinstatement in Judgment 999. But the Director-General decided that reinstatement was not in the interest of the organization and awarded him compensation. "To condemn someone to unemployment on account of a single negligent act unaccompanied by improper intention, and in circumstances that do not justify loss of confidence by the employer, is to demand a humanly impossible standard of performance by the employee and makes the right to reinstatement illusory."

    Reference(s)

    ILOAT Judgment(s): 999

    Keywords:

    complainant; complaint allowed; complaint allowed in part; decision quashed; discretion; good faith; limits; negligence; organisation; organisation's interest; proportionality; refusal; reinstatement; right; termination;

    Consideration 5

    Extract:

    "In the circumstances the refusal of reinstatement is not justified, and the fact that dismissal occurred over five years ago does not stand in the way of reinstatement, especially since the complainant was not responsible for any of the delay. He is accordingly entitled to reinstatement."

    Keywords:

    complaint allowed; complaint allowed in part; date; decision quashed; discretion; limits; mistake of fact; organisation's interest; refusal; reinstatement; right; termination;

    Consideration 4

    Extract:

    "Even if the Director-General has discretion to refuse reinstatement 'in the interest of the organization' he must exercise it fairly and reasonably after considering all the material facts. Here the facts were that the complainant had throughout had irreproachable appraisal reports. [...] Despite surveillance, without his knowledge, for six months prior to [the incident that led to his dismissal] no wrongdoing, negligence or irregularity on his part was discovered. [...] The Director-General has failed to take into consideration the above material facts and has erred in treating the complainant as guilty of a 'cover-up'. The refusal of reinstatement was thus not a proper exercise of whatever discretion he had in the matter."

    Keywords:

    complainant; complaint allowed; complaint allowed in part; decision quashed; discretion; disregard of essential fact; flaw; limits; mistake of fact; negligence; organisation; organisation's interest; performance report; refusal; reinstatement; right; termination;



  • Judgment 1237


    74th Session, 1993
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "As was held in Judgment 1166, under 2, unpaid associates come under 'non-established members of the personnel' by virtue of [CERN Staff] Rule I 2.01. Being an unpaid associate the complainant was not entitled to unemployment benefit, which CERN grants only to 'established members of the personnel'."

    Reference(s)

    Organization rules reference: CERN STAFF RULE I 2.01
    ILOAT Judgment(s): 1166

    Keywords:

    allowance; insurance benefit; right; social benefit; staff regulations and rules; status of complainant;



  • Judgment 1223


    74th Session, 1993
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "True, a staff member may not assert any right to promotion and the choice of the successful applicant is at the discretion of the administration, which alone may appraise the organisation's interests. Yet the exercise of discretion is subject to restrictions in law and the Tribunal will to that extent review the decision: see for example Judgment 1016 [...]. So the staff member has undeniably the right to file an internal appeal or a complaint with the Tribunal if he believes that the appointment to a vacancy he has applied for is improper."

    Reference(s)

    ILOAT Judgment(s): 1016

    Keywords:

    appointment; candidate; case law; cause of action; competition; complaint; complaint allowed; complaint allowed in part; decision quashed; discretion; internal candidate; judicial review; limits; organisation's interest; promotion; receivability of the complaint; refusal; right; vacancy notice;



  • Judgment 1207


    74th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The Tribunal need only observe, as it has often said before (for example in Judgments 940 [...], 1016 [...] and 1025 [...]), that no staff member has any right to promotion. Even if he is expecting it, as the complainant was, he may not demand that management grant him the benefit of it from any particular date."

    Reference(s)

    ILOAT Judgment(s): 940, 1016, 1025

    Keywords:

    career; case law; date; effective date; organisation's duties; promotion; right;



  • Judgment 1195


    73rd Session, 1992
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "It is a general principle of law that any sum paid on a mistaken assumption of fact is recoverable. And since the complainant received payment on the assumption that her husband was her dependant and since that assumption later proved to be mistaken, the sums she received are, according to that principle, recoverable."

    Keywords:

    family allowance; general principle; recovery of overpayment; refund; right;



  • Judgment 1189


    73rd Session, 1992
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant's request to have his designated home changed was turned down. He says that at the time of his recruitment there was an agreement with the administration to give him local status to avoid his running the risk of returning to his home country. "The argument fails. [...] The ILO could never have forced him to go [back to his home country], the taking of home leave being a right, not a duty".

    Keywords:

    amendment to the rules; home; home leave; refusal; right; staff member's duties;



  • Judgment 1161


    72nd Session, 1992
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The Organisation tried to find him a suitable post in another department. That it failed to do so is immaterial, however, since he had no right whatever to transfer under the Service Regulations."

    Keywords:

    organisation's duties; post; request for transfer; right; staff regulations and rules; transfer;



  • Judgment 1103


    71st Session, 1991
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant was appointed to a post of reviser. For several years she served, in keeping with her job description, as de facto Head of the German Section. Later, her head-of- section duties were given to another reviser. "It is clear from [the complainant's job description] that the incumbent does not have the right to perform all of the linguistic and management duties stated therein, though he must be capable of performing them if his immediate supervisor so requires in the Office's interests."

    Keywords:

    elements; organisation's duties; post description; right; title of post;



  • Judgment 1074


    70th Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Following a period on unpaid leave for personal reasons, the complainant could not be reinstated under Article 40(3)(d), which entitles him to reinstatement under certain conditions. He alleges breach of the terms of appointment by Eurocontrol. The Tribunal observes that "he is unable to point to any one vacant post corresponding to his grade, category and service in which the organisation have failed to reinstate him. Still less is he able to point to such a series of failures to reinstate him as might raise the presumption of a decision by the organisation never to reinstate him at all".

    Reference(s)

    Organization rules reference: ARTICLE 40 OF THE GENERAL CONDITIONS OF EMPLOYMENT GOVERNING SERVANTS AT THE EUROCONTROL MAASTRICHT CENTRE

    Keywords:

    compassionate leave; organisation's duties; reinstatement; right; special leave; unpaid leave;



  • Judgment 997


    68th Session, 1990
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "by virtue of judgment 996 the complainant is entitled to reinstatement with full arrears of salary and allowances. the benefits he would have been entitled to but for dismissal included home leave for himself and his family [...] should [his family] choose to travel at another time the cost of their home leave will be due to him by virtue of judgment 996."

    Reference(s)

    ILOAT Judgment(s): 996

    Keywords:

    allowance; consequence; decision quashed; home leave; refund; reinstatement; right; salary; termination;



  • Judgment 978


    66th Session, 1989
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "since the rule was unlawful it could never become lawful by lapse of time or by acquiescence and a claim could therefore never be barred. even though a claim to actual payment of the non-resident's allowance cannot succeed in these proceedings because of the complainant's failure to follow the proper internal procedure, the question of her entitlement to the allowance must be considered because of its bearing on the matter of the recurrent benefits."

    Keywords:

    allowance; continuing breach; flaw; non-resident allowance; provision; receivability of the complaint; right; time bar;



  • Judgment 974


    66th Session, 1989
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "in the absence of a specific provision in the rules the tribunal holds that, for the reasons it stated in judgments 470 [...] and 891 [...], the right to the application of the reduction-in-force procedure arises on the abolition of a post of indefinite duration even though the official may have only a fixed-term appointment."

    Reference(s)

    Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
    ILOAT Judgment(s): 470, 891

    Keywords:

    abolition of post; complaint allowed; contract; decision quashed; duration of appointment; fixed-term; no provision; non-renewal of contract; permanent; post; procedure; right; staff reduction;



  • Judgment 959


    66th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "the complainant maintains that he is entitled to have refunded to him any tax that was levied on his ilo salary and made over to the indonesian government. [...] the ilo explained to him that if he could satisfy it that he himself had paid tax to the government it would reimburse the sum, and indeed that offer holds good. but the complainant has never offered any evidence of such payment, and his claim must therefore fail."

    Keywords:

    burden of proof; complainant; evidence; lack of evidence; payment; refund; right; tax;

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