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Organisation (71, 73, 74, 673,-666)

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Keywords: Organisation
Total judgments found: 212

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  • Judgment 1230


    74th Session, 1993
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The impugned decision - the non-renewal of the complainant's contract until his retirement- was made on the basis of mistake of fact, an erroneous interpretation of certain statements made by the complainant regarding his availability. It was also established that the Agency must have known that the government of the complainant's country of origin wanted him to return home. The Agency, in this context "ought to have paid especial heed, for the sake of the independence of the international civil service, and his own in particular, to finding out just what he really intended and conveying it accurately to the competent committee."

    Keywords:

    complaint allowed; contract; decision quashed; fixed-term; independence; intention of parties; international civil servant; international civil service principles; member state; non-renewal of contract; organisation; organisation's duties;

    Consideration 4

    Extract:

    The Agency granted the complainant only a short contract renewal, refusing to renew the contract until the date of his retirement. According to the defendant, this decision was based on information in its files which indicated that the complainant wasn't available after a certain date. Now it has been established that the complainant said he would be available as long as the Agency wished. "A decision by an international organization to grant only a short extension of appointment or none at all, though it is discretionary, must still be based on correct findings of fact."

    Keywords:

    complaint allowed; contract; decision quashed; discretion; fixed-term; judicial review; mistake of fact; mistaken conclusion; non-renewal of contract; organisation;



  • Judgment 1141


    72nd Session, 1992
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    The complainant failed to exhaust the means of resisting the decision open to him under the Staff Regulations. He "may not plead ignorance of the rules on appeal or his living in far-off lands: every official may be expected to know the requirements of the staff regulations and staff rules, wherever he may be stationed or resident."

    Keywords:

    duty to inform; organisation; staff regulations and rules;



  • Judgment 1125


    71st Session, 1991
    Intergovernmental Organisation for International Carriage by Rail
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Where the Rule [viz. Article 25 of the 1956 Staff Rules] is silent the competent authority - here the Administrative Committee - does have discretion to set the amount of the contribution to be paid from the date of retirement. But its decision will not be immune to review by the Tribunal, which will interfere if it finds some mistake of fact or of law [etc.]". The decision to do away with the material benefit is in breach of Article 25 and cannot stand.

    Reference(s)

    Organization rules reference: ARTICLE 25 OF THE 1956 STAFF RULES

    Keywords:

    amount; breach; complaint allowed; contributions; decision quashed; discontinuance; discretion; judicial review; no provision; organisation; provision; staff regulations and rules;



  • Judgment 1109


    71st Session, 1991
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    After recommending that the complainant should get a personal promotion, the Selection Board held a further meeting at the instance of the Deputy Director-General and shifted ground. The Tribunal holds that "in only two cases may an internal body be asked to think again. One is where something unforeseeable and of decisive moment occurs after it has reported, and the other is where there comes to light some fact or evidence, again of cardinal importance, that it did not know of or could not have known of before it reported." Since those conditions were not met in the instant case, the decision is tainted with a procedural flaw and must be quashed. The complainant is sent back to the Organisation for his case to be reviewed.

    Keywords:

    advisory body; case reopened; case sent back to organisation; complaint allowed; condition; decision quashed; flaw; internal appeals body; organisation; procedural flaw; request by a party; selection board;



  • Judgment 1086


    70th Session, 1991
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    Having accepted the International Civil Service Commission's Statute, the IAEA must treat the Commission's recommendations as binding insofar as they are clear.

    Keywords:

    binding character; enforcement; icsc decision; organisation;



  • Judgment 1076


    70th Session, 1991
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3 and 7

    Extract:

    The complainant's application for transfer was refused. "Being discretionary, the decision may be set aside only if it was taken without authority [...]. The Tribunal will not quash a decision simply because the parties' respective interests might have been differently assessed."

    Keywords:

    discretion; judicial review; organisation; organisation's interest; refusal; request for transfer; staff member's interest;



  • Judgment 1029


    69th Session, 1990
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Order

    Extract:

    "since the parties are agreed on the suspension of the proceedings the organisation's application is granted."

    Keywords:

    order; order of suspension; organisation; request by a party;



  • Judgment 990


    68th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    the general assembly of the united nations brought in a new scale of pensionable remuneration as from 1 january 1985. the scale, provided for in article 3.1.1 of the staff regulations, did not come into force until 1 april 1985. the complainant's pension, however, was reckoned according to the new scale between 1 january and 31 march 1985. the tribunal holds that "the ilo is undoubtedly bound [...] by the provisions of the staff regulations so long as they remain in force and is therefore liable towards the complainant for the breach of them. that its difficulty is due to the stand taken by the fund cannot alter its liability as employer towards its staff."

    Reference(s)

    Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS

    Keywords:

    amendment to the rules; complaint allowed; decision quashed; difference; effective date; fund regulations; liability; organisation; payment; pension; pensionable remuneration; provision; reduction; scale; staff regulations and rules; unjspf;



  • Judgment 987


    68th Session, 1990
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideraton 5

    Extract:

    "in support of its contention that there was no breach of his right to a hearing the fao cites earlier facts which it submits show that the complainant knew full well that his position was, to say the least, uncertain. though there are no special rules on the subject and the procedure will depend on the circumstances of each case, the organization has a duty to show that the staff member cannot reasonably have failed to realise he was under threat of termination."

    Keywords:

    burden of proof; duty to inform; evidence; formal requirements; organisation; probation; right to reply; termination;



  • Judgment 971


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

    Consideration 8

    Extract:

    "the complainant claims payment under annex c. but only the who, not the complainant, is entitled to payment under this annex, which concerns its insurance policy. the policy is exclusively a matter between the who and its insurers. in application of its administrative practice, as reflected in paragraph 365 of manual ii.7, the organization does hand the difference over to the staff member if the sum it has actually received from the insurers more than covers its liability to him."

    Reference(s)

    Organization rules reference: WHO MANUAL PROVISION II.7

    Keywords:

    amount; complainant; difference; insurance; insurance benefit; organisation; payment; practice;

    Consideration 13

    Extract:

    "the organization is liable only in respect of 50 per cent of the total incapacity. accordingly, the tribunal awards the complainant compensation under this head in the form of an annual invalidity pension equal to one-third of the yearly figure of his pensionable remuneration, i.e. half the full pension."

    Keywords:

    disability benefit; incapacity; invalidity; liability; organisation; rate;



  • Judgment 969


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

    Consideration 16

    Extract:

    the complainant is accused of having typed two defamatory memoranda. "it is common ground that the burden of proof rests on the organization. by declining to admit the charges, as she was entitled to do, the complainant required the organization to prove its case; and although the proceedings are not criminal the seriousness of the charges and the concomitant penalty demand that before there can be a finding against the complainant the charges must be proved beyond reasonable doubt."

    Keywords:

    burden of proof; disciplinary measure; misconduct; organisation; organisation's duties; serious misconduct;



  • Judgment 951


    65th Session, 1988
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Extract:

    the organisation finds fault with the complainant's withdrawal. "when a complainant withdraws suit the tribunal will not look into his reasons for surrendering his claims. the present withdrawal is unqualified and the tribunal will simply record it."

    Keywords:

    organisation; refusal; withdrawal of suit;



  • Judgment 941


    65th Session, 1988
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5 and 6

    Extract:

    the organisation maintains that the complaint was time-barred as it was not filed within ninety days of the implied decision to reject it arising out of the administration's silence. the tribunal holds that "the organisation may not plead its own failure to act. the complainant had good reason to infer [and had done his utmost to ensure] that his claim was still under review."

    Keywords:

    complaint; failure to answer claim; good faith; implied decision; internal appeal; negligence; organisation; receivability of the complaint; time bar; time limit;



  • Judgment 930


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the organisation was authorised to confine its reply to the issue of receivability. but it was unable to show that it had given timely notice of the president's decision. the complaint is receivable.

    Keywords:

    burden of proof; case sent back to organisation; date of notification; decision; evidence; further submissions on the merits; organisation; receivability of the complaint; reply confined to receivability;



  • Judgment 918


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant argues that his resignation was merely received, not accepted by the organisation. the tribunal observes that the terms of the recipient's written response leave no room for doubt: the resignation was well and truly accepted by the organisation.

    Keywords:

    acceptance; complainant; offer; organisation; resignation;



  • Judgment 890


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

    Consideration 4

    Extract:

    the complainant contends that the decision not to confirm his appointment but to extend his probation is invalid because he received overdue notice thereof. the organisation points out that though the complainant was aware of the unfavourable report, he did not himself pursue the matter. "in law the organisation must show not just that the complainant failed to act but that it gave him timely notice of the decision or else that his evasiveness prevented it from doing so."

    Keywords:

    administrative delay; burden of proof; date of notification; decision; evidence; organisation;



  • Judgment 885


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

    Considerations 3 and 4

    Extract:

    "the interests of both justice and sound administration demand that the organisation endure litigation: it is not for the organisation but for the tribunal itself to determine whether the complainant has abused his right of appeal and, if so, what ruling is fitting in the circumstances. [the organisation] may [...] submit that [the complainant] has abused the right of appeal and invite the tribunal not just to dismiss his complaint but to declare it vexatious and, where appropriate, take any further action it thinks fit. for the foregoing reasons the tribunal holds that it was wrong to impose the reprimand on the complainant and it must be quashed."

    Keywords:

    censure; competence; complaint allowed; decision quashed; disciplinary measure; judicial review; organisation; right of appeal; vexatious complaint;



  • Judgment 871


    63rd Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "the submissions in the complaint and in the organization's reply being properly before it, the tribunal will not forbear to rule for want of a rejoinder the complainant has failed to file even after two extensions of the time limit."

    Reference(s)

    ILOAT Judgment(s): 723

    Keywords:

    closure of written proceedings; complainant; complaint; negligence; organisation; rejoinder; reply; submissions;



  • Judgment 770


    59th Session, 1986
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant was injured in an aircraft accident while on an official mission. he sought compensation from the airline whose plane had caused the accident. the airline agreed to conclude a reasonable settlement. the complainant never disclosed the amount of the payment made to him. under the circumstances, the tribunal holds that it was proper for the organization to deny the complainant further benefits. indeed, paragraph 32 of annex e to the who manual releases the compensation scheme from the obligation to make payments to a staff member who has obtained satisfaction through a third party.

    Reference(s)

    Organization rules reference: PARAGRAPH 32 OF ANNEX E TO THE WHO MANUAL

    Keywords:

    accident; accumulation; illness; insurance; insurance benefit; organisation; refusal; service-incurred;



  • Judgment 761


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The refusal by the EPO to return the complainant's documents for the purpose of permitting him to take steps to perfect his claim for reimbursement is unfair and the complainant is entitled to relief on the ground that he was improperly prevented from having an opportunity of submitting the appropriate documents in support of his claim."

    Keywords:

    complaint allowed; disclosure of evidence; flaw; material damages; moral damages; organisation; refund; refusal; removal expenses; request by a party;

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Last updated: 19.09.2019 ^ top