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Good faith (193,-666)

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Keywords: Good faith
Total judgments found: 184

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  • Judgment 3407


    119th Session, 2015
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges the implied decision to reject his claim against the new calculation of his pension rights.

    Consideration 15

    Extract:

    As is well established in the case law, bad faith cannot be presumed and must therefore be proven by the submissions (see, for example, Judgments 2282, under 6, 2293, under 11, or 2800, under 21). This case law must be applied particularly rigorously in the instant case, where the allegation of bad faith levelled at the complainant is tantamount to an accusation of fraud, or the use of forged documents in legal proceedings.

    Reference(s)

    ILOAT Judgment(s): 2282, 2293, 2800

    Keywords:

    good faith;



  • Judgment 3394


    119th Session, 2015
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal considered that, by taking it upon itself to interpret Judgment 3119, WIPO breached its duty to execute that judgment fully and correctly.

    Consideration 14

    Extract:

    In accordance with the principle of good faith and good administrative practice, the Organization will supply the complainant with the details of the sums due to him, as he requested.

    Keywords:

    duty to inform; good faith;



  • Judgment 3370


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who performed duties at a higher level than his grade, impugns the decision not to grant him a promotion and acting allowance, and partially succeeds on the basis that the Organisation breached its duty of care.

    Consideration 14

    Extract:

    "While the complainant was not legally entitled to have his post upgraded nor was he legally entitled to be appointed to the position for which he had applied, he was entitled to have the Organisation act in good faith towards him and respect his dignity. It was an affront to his dignity to be exposed to a delay of over two years to resolve his status in circumstances where he believed, and more importantly where he knew his immediate superior also believed, he had been performing duties of [a higher] post and was suitable for appointment to such a post."

    Keywords:

    duty of care; good faith; respect for dignity;



  • Judgment 3353


    118th Session, 2014
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the non-renewal of their contracts following a restructuring process and obtain moral damages for the serious affront to their dignity and the failure to give reasonable notice.

    Consideration 26

    Extract:

    "The Tribunalís case law states that the relations between an international organisation and a staff member must be governed by good faith, respect, transparency and consideration for their dignity (see Judgment 1479, under 12). Accordingly, an organisation is required to treat its staff with due consideration and to avoid causing them undue injury. An organisation must care for the dignity of its staff members and not cause them unnecessary personal distress and disappointment where this could be avoided. In particular, good faith requires an organisation to inform a staff member in advance of any action that it might take which may impair a staff memberís rights or rightful interest."

    Reference(s)

    ILOAT Judgment(s): 1479

    Keywords:

    duty of care; good faith; respect for dignity; staff member's interest;



  • Judgment 3264


    116th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the decision not to renew her contract after an extension of her probationary period and is granted damages.

    Judgment keywords

    Keywords:

    breach; complaint allowed; confidential evidence; decision quashed; disclosure of evidence; discretion; due process; duty to inform; extension of contract; general principle; good faith; judicial review; non-renewal of contract; organisation's duties; performance report; probationary period; procedural flaw; respect for dignity; right to reply; unsatisfactory service; work appraisal;

    Consideration 14

    Extract:

    "[D]uring the extension of the probationary period, [...] its duty to act in good faith obligated the Organization to give the complainant guidance and a meaningful opportunity to improve measured against objective standards."

    Keywords:

    good faith; organisation's duties; work appraisal;

    Consideration 11

    Extract:

    "The purpose of probation is to give an organisation an opportunity to evaluate a probationerís suitability for a position (see Judgment 2646, under 5). This gives rise to corollary obligations on the part of the organisation to warn a staff member in a timely manner that her or his performance is unsatisfactory, to give the staff member guidance and an opportunity to improve and to set objectives against which improvement can be measured. These are ďfundamental aspects of the duty of an international organisation to act in good faith towards its staff members and to respect their dignityĒ (see Judgment 2414, under 23)."

    Reference(s)

    ILOAT Judgment(s): 2414, 2646

    Keywords:

    duty to inform; good faith; organisation's duties; probationary period; respect for dignity; unsatisfactory service;



  • Judgment 3234


    115th Session, 2013
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugned the decision to abolish his post following a restructuring.

    Consideration 11

    Extract:

    "[T]he Commission has acted inappropriately by refusing to present evidence requested by the Joint Appeals Panel, on the grounds that it did not consider the evidence to be pertinent to the appeal. It was for the Panel to decide, upon examination of the evidence, whether or not they were pertinent. Considering the fact that the evidence could have had an effect on the Panelís findings, and considering the Commissionís refusal to submit to the authority of the Joint Appeals Panel without giving any reasonable explanation for such a refusal, the Tribunal finds that this is a violation of its duty to act in good faith and undermines the proper functioning of the internal appeals process. This will be taken into account in the calculation of the award of damages to the complainant (see Judgment 1319, under 9)."

    Reference(s)

    ILOAT Judgment(s): 1319

    Keywords:

    advisory body; disclosure of evidence; due process; duty to inform; good faith; internal appeal; internal appeals body; organisation's duties; procedural flaw; procedure before the tribunal;



  • Judgment 3214


    115th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant unsuccessfully impugns the decision not to extend his appointment beyond retirement age.

    Consideration 14

    Extract:

    "According to the Tribunalís case law, an administrative authority, when dealing with a claim, must generally base itself on the provisions in force at the time it takes its decision, and not on those in force at the time the claim was submitted. Only where this approach is clearly excluded by the new provisions, or where it would result in a breach of the requirements of good faith, the non-retroactivity of administrative decisions and the protection of acquired rights, will the above rule not apply (see Judgments 2459, under 9, 2986, under 32, or 3034, under 33)."

    Reference(s)

    ILOAT Judgment(s): 2459, 2986, 3034

    Keywords:

    acquired right; applicable law; breach; date; decision; exception; general principle; good faith; non-retroactivity; patere legem; request by a party;



  • Judgment 3204


    115th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant claims moral damages for the Unionís failure to submit to its Council the matter of the recognition of same-sex marriages.

    Consideration 9

    Extract:

    "It is settled by the Tribunalís case law that, according to the rules of good faith, anyone who was a staff member of an organisation and to whom a promise was made, may expect that promise to be kept by the organisation. However, the right to fulfilment of the promise is conditional. One condition is that the promise should be substantive. Another is that the promise is from someone who is competent or deemed competent to make it. Yet another is that the breach should cause injury to the person who relies on the promise (see Judgment 782)."

    Reference(s)

    ILOAT Judgment(s): 782

    Keywords:

    condition; formal requirements; good faith; organisation's duties; promise; staff member's duties; staff member's interest;



  • Judgment 3188


    114th Session, 2013
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions not to update her job description, not to select her for a G-6 position and her alleged subsequent demotion.

    Consideration 5

    Extract:

    "It is well settled in the Tribunalís case law that a failure to respond to a legitimate request of a staff member within a reasonable time may be deemed to be a refusal of the request if the staff member elects to accept that refusal. Additionally, egregious delay in responding to a reasonable request may involve a breach of the obligation to deal with the staff member in good faith. In the present case, the failure of the IAEA to provide the complainant with an updated job description over several years involved a violation of her rights for which she is entitled to compensation."

    Keywords:

    compensation; good faith; moral injury; organisation's duties; refusal; request by a party; terms of appointment;



  • Judgment 3164


    114th Session, 2013
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges the rejection of her request for a transfer, alleging harassment.

    Consideration 7(a)

    Extract:

    "[A]n organisation must interpret a staff memberís claims in good faith and read them as it might reasonably have been expected to do (see, in particular, Judgment 1768, under 3)."

    Reference(s)

    ILOAT Judgment(s): 1768

    Keywords:

    claim; good faith; interpretation; organisation's duties;



  • Judgment 3162


    114th Session, 2013
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to terminate his appointment which, in his view, is flawed for breach of due process.

    Consideration 22

    Extract:

    "An allegation of dishonesty is an allegation of unsatisfactory conduct that may result in disciplinary action. As such, it must be dealt with in accordance with the organisationís prescribed procedures (see Judgment 1724, under 14). That was not done in this case. This failure deprived the complainant of an opportunity to defend himself against a serious allegation and reflects a serious breach of his right to due process. The breach is particularly egregious having regard to the complainantís work and the nature of the allegations."

    Reference(s)

    ILOAT Judgment(s): 1724

    Keywords:

    breach; disciplinary measure; due process; general principle; good faith; moral injury; organisation's duties; procedural flaw; procedure before the tribunal; right to reply; written rule;



  • Judgment 3157


    114th Session, 2013
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges the lawfulness of the selection process for a post for which he had unsuccessfully applied.

    Considerations 9 and 11

    Extract:

    "[H]aving regard to the submissions [...], the Tribunal notes that the complainant was excluded from the technical evaluation on the grounds that he did not possess all the required qualifications, but that the [three] candidates shortlisted [...] did not possess them either. [...] [T]he complainant received unequal treatment when the shortlist was established. As the selection process is tainted with a flaw, the impugned decision must be set aside and the disputed appointment must be cancelled [...]. The Organization must shield the successful candidate from any injury that might result from the cancellation of his appointment, which he accepted in good faith."

    Keywords:

    appointment; breach; candidate; competition; competition cancelled; consequence; criteria; degree; equal treatment; good faith; grounds; internal competition; lack of injury; organisation's duties; procedural flaw;



  • Judgment 3099


    112th Session, 2012
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "[T]he obligation to treat staff members with dignity and the duty of good faith required, at the very least, that there be an accurate record of the interviews, which could have been achieved by, for example, the making of a transcript by a competent stenographer."

    Keywords:

    duty of care; good faith; inquiry; investigation; organisation's duties; recording; respect for dignity;



  • Judgment 3069


    112th Session, 2012
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "There is no reason in principle why the actions of a subordinate cannot constitute harassment of his or her supervisor, particularly where those actions consist of persistent unfounded allegations of harassment. However, just as the actions of a supervisor that serve a legitimate managerial or supervisory function do not constitute harassment, so, too, actions taken in good faith by a subordinate that serve the function of protecting his or her legitimate interests do not constitute harassment."

    Keywords:

    good faith; harassment; staff member's interest; supervisor;



  • Judgment 3038


    111th Session, 2011
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    Failure of the parties to reach agreement on the amount of compensation owed to the complainant for the termination of his appointment following a flawed reassignment procedure.
    "The Tribunal finds that the inordinate delay on the part of the Organization, and its conduct during the negotiations, do not reflect the duty that is incumbent on an organisation to negotiate in good faith, or the care it should take in the implementation of a decision. These matters warrant an award of moral damages."

    Keywords:

    compensation; conduct; delay; duty of care; good faith; moral injury; organisation; organisation's duties; settlement out of court;



  • Judgment 3034


    111th Session, 2011
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 33

    Extract:

    As the Tribunal stated in Judgment 2459, under 9, an administrative authority, when dealing with a claim, must generally base itself on the provisions in force at the time it takes its decision and not on those in force at the time the claim was submitted. Only where this approach is clearly excluded by the new provisions, or where it would result in a breach of the requirements of the principles of good faith, the non-retroactivity of administrative decisions and the protection of acquired rights, will the above rule not apply.

    Reference(s)

    ILOAT Judgment(s): 2459

    Keywords:

    acquired right; good faith; non-retroactivity; staff regulations and rules;



  • Judgment 3005


    111th Session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "[A]s the Tribunal observed in Judgment 782, under 1: 'According to the rules of good faith anyone to whom a promise is made may expect it to be kept, and that means that an international official has the right to fulfilment of a promise by the organisation that employs him. The right is conditional. One condition is that the promise should be substantive, i.e. to act, or not to act, or to allow. Others are that it should come from someone who is competent or deemed competent to make it; that breach should cause injury to him who relies on it; and that the position in law should not have altered between the date of the promise and the date on which fulfilment is due.'"

    Reference(s)

    ILOAT Judgment(s): 782

    Keywords:

    good faith; organisation's duties; promise; right;



  • Judgment 2996


    110th Session, 2011
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "While procedural rules and time limits usually apply to the officials of international organisations without it being necessary to recapitulate them when a decision is notified, this is not the case where a rule expressly establishes an obligation to provide this information when notifying a decision [...] and where this formality has not been respected. [...] [T]he principle of good faith requires that an official's complaint will not be deemed irreceivable owing to his or her failure to lodge an internal appeal, if the organisation itself has not abided by the requisite formalities enabling the official to submit an appeal."

    Keywords:

    duty to be informed; duty to know the rules; good faith; ignorance of the rules; internal remedies exhausted; patere legem; receivability of the complaint; written rule;



  • Judgment 2985


    110th Session, 2011
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 29

    Extract:

    "The complainant has requested that the order to Eurocontrol to recalculate the pensionable years credited to him be accompanied by a penalty for default. In the absence of any grounds for doubting that the Agency will execute this judgment in good faith and with diligence, as is its duty since it has recognised the Tribunal's jurisdiction, there is no reason to order such a penalty."

    Keywords:

    claim; consequence; declaration of recognition; execution of judgment; good faith; judgment of the tribunal; lack of evidence; organisation's duties; refusal; request by a party;

    Consideration 15

    Extract:

    "As the Tribunal stated in Judgment 2459, under 9, an administrative authority, when dealing with a claim, must generally base itself on the provisions in force at the time it takes its decision and not on those in force at the time the claim was submitted. Only where this approach is clearly excluded by the new provisions, or where it would result in a breach of the requirements of the principles of good faith, the non-retroactivity of administrative decisions and the protection of acquired rights, will the above rule not apply."

    Reference(s)

    ILOAT Judgment(s): 2459

    Keywords:

    acquired right; applicable law; breach; date; decision; exception; general principle; good faith; non-retroactivity; organisation's duties; provision; request by a party;



  • Judgment 2938


    109th Session, 2010
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Tribunal has determined that a staff member on leave on personal grounds is ipso facto no longer performing the duties of his former post and that, although during this leave he continues to be an official, the rights arising from the performance of his duties - remuneration, promotion, guarantee of employment, etc. - are suspended until he is reinstated. In the interests of the service the Agency may therefore use the vacant post (see Judgment 416, under 2). At the end of leave on personal grounds the employer nonetheless has a duty to reinstate the official provided that the two cumulative conditions laid down by [...] Article 40 [of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre] are met: firstly, there must be a vacant post and, secondly, the staff member must be qualified for it (see Judgment 2034, under 11). This duty must be fulfilled promptly and with due regard for the dignity of the staff member concerned and the principle of good faith."

    Reference(s)

    Organization rules reference: Article 40 of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre
    ILOAT Judgment(s): 416, 2034

    Keywords:

    accumulation; assignment; compassionate leave; condition; consequence; general principle; good faith; organisation's duties; organisation's interest; period; post held by the complainant; promotion; qualifications; reinstatement; respect for dignity; right; safeguard; salary; security of tenure; special leave; staff regulations and rules; status of complainant; vacancy;

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Last updated: 23.11.2020 ^ top