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Good faith (193,-666)

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Keywords: Good faith
Total judgments found: 184

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  • Judgment 1847


    87th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The question of both legal and translation costs is entirely within the discretion of the Tribunal. Where a valid, sufficient and binding offer to settle is made by a defendant in the course of proceedings, and the complainant continues with the complaint in the face of such an offer, the Tribunal may well deny costs. The Tribunal also notes that in the present case the complainant filed her internal appeal almost immediately and without apparently requesting information from the defendant or from [the insurance company] as to the progress of her claim: she appears to be more interested in litigation than in dealing in good faith with her employer. Parties and their legal advisers should be encouraged to settle their claims and dissuaded from time-wasting disputation."

    Keywords:

    case pending; costs; good faith; no award of costs; settlement out of court; vexatious complaint;



  • Judgment 1832


    86th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "A staff member who appeals to the wrong [internal appeals] body does not on that account forfeit the right of appeal. Time and again the Tribunal has held that, though rules of procedure must be strictly complied with, they must be construed with common sense and not set traps for the staff member: see Judgment1734 [and] any penalty for breaking such a rule must be reasonably fitting. [...] When there are two authorities that may be competent it is easy enough for one to forward a misdirected appeal to the other. If the staff member filed it in time, even with the wrong authority, then it will be receivable, and that authority will simply forward it without ado to the other one."

    Reference(s)

    ILOAT Judgment(s): 1734

    Keywords:

    competence; complainant; good faith; internal appeal; internal appeals body; procedure before the tribunal; receivability of the complaint; right of appeal; time limit;



  • Judgment 1821


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

    Consideration 7

    Extract:

    "The principles governing the limits on the discretion of international organisations to set adjustments in staff pay [...] may be concisely stated as follows: (a) An international organisation is free to choose a methodology, system or standard of reference for determining salary adjustments for its staff provided that it meets all other principles of international civil service law [...]. (b) The chosen methodology must ensure that the results are 'stable, foreseeable and clearly understood' [...]. (c) Where the methodology refers to an external standard but grants discretion to the governing body to depart from that standard, the organisation has a duty to state proper reasons for such departure [...]. (d) While the necessity of saving money may be one valid factor to be considered in adjusting salaries provided the method adopted is objective, stable and foreseeable [...], the mere desire to save money at the staff's expense is not by itself a valid reason for departing from an established standard of reference [...]." (See cited case law.)

    Keywords:

    adjustment; budgetary reasons; case law; condition; coordinated organisations; cost-of-living increase; criteria; discretion; duty to inform; duty to substantiate decision; exception; executive body; good faith; grounds; international civil service principles; limits; organisation's duties; patere legem; rule of another organisation; salary; scale;



  • Judgment 1804


    86th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12-14

    Extract:

    The promotion of Mr C., presented as the fulfilment of a promise made to him on recruitment, gave rise to a decision adopted on 7 December 1994. "Only that decision was notified to the staff. So the complainants, who were unaware of the promise, were in good faith in challenging the promotion on the grounds that it was in breach of the Rule it actually cited. So they were right in saying that Mr C. had been promoted to A4 even though he did not fully qualify under the [relevant] rules [...]. Because of the unusual circumstances in which Mr C. was promoted the complainants were also right to challenge the decision: the [Organization] had on the face of it failed to observe the general principle of equal treatment because in promoting Mr C. it did not abide by the requirements of the Service Regulations or by the criteria for promotion to which the complainants were themselves subject. The conclusion is that the complainants did suffer moral injury and each of them is entitled under that head to [compensation]".

    Keywords:

    appointment; breach; cause of action; condition; decision; equal treatment; general principle; good faith; grade; injury; moral injury; promise; promotion; staff regulations and rules;



  • Judgment 1780


    85th Session, 1998
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6(a)

    Extract:

    "According to consistent precedent both employer and employee must show good faith. For the Organisation, that means giving its staff notice of any facts or rules that may influence their dealings with it [...]. But [...] the Organisation will not be financially liable unless the staff member has suffered financial injury."

    Keywords:

    case law; duty to inform; good faith; injury; liability; material injury; organisation; organisation's duties; staff member's interest;



  • Judgment 1745


    85th Session, 1998
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The [Organisation] says, quite rightly, that the verbatim record of the Board's hearings does not have the same authority in law as formal minutes. Yet statements made by some witnesses, undoubtedly in good faith, are worth citing."

    Keywords:

    admissibility of evidence; evidence; good faith; internal appeals body; submissions; testimony;



  • Judgment 1720


    84th Session, 1998
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "A strong line of precedent has it that time limits, though necessary in law, are not supposed to set traps: they are to be applied with the good faith that must govern relations between an international organisation and its staff."

    Keywords:

    good faith; internal appeal; interpretation; procedure before the tribunal; time limit; written rule;



  • Judgment 1614


    82nd Session, 1997
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "Contrary to what the complainant alleges, the reasons for abolishing her post were objective and had nothing to do with her own personality or performance. The decision cast no slight on her integrity and was no affront to her dignity. Her supervisors kept her informed orally and in writing about the progress of the reforms and about her own status. They thereby showed a wish to prepare her for the consequences and no bad faith may be imputed to them. The conclusion is that the defendant caused her no unnecessary or undue injury."

    Keywords:

    abolition of post; duty to inform; good faith; lack of injury; moral injury; organisation's duties; respect for dignity;



  • Judgment 1594


    82nd Session, 1997
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The description and grading of the complainant's post dragged on for three-and-a-half years, and that was too long. As the Appeal Board held, "the administration has a duty to process promptly any claim to upgrading or to payment of special post allowance so that the official will not be left to suffer or to wonder what is going on.

    Keywords:

    administrative delay; duty of care; good faith; organisation's duties; post classification; post description; request by a party; special post allowance; staff member's interest;



  • Judgment 1583


    82nd Session, 1997
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6(a)

    Extract:

    "An organisation may not in good faith end someone's appointment for poor performance without first warning him and giving him an opportunity to do better. The warning need not contain express mention of the risk of termination if performance does not improve: the risk is implied. Nor need any later shortcomings be the same as those that prompted the warning: it suffices that the official understood that his performance as a whole must improve".

    Reference(s)

    ILOAT Judgment(s): 1546

    Keywords:

    contract; formal requirements; good faith; non-renewal of contract; organisation's duties; termination of employment; unsatisfactory service; warning;



  • Judgment 1566


    82nd Session, 1997
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The Organisation points out that the letter from the Director of staff policy "was sent neither by the President nor on his behalf. The complainant demurs, and he is right to do so. It was to the President by name that he had written [...]; that letter was what he got in reply and he was entitled to assume that it had been sent with the President's authority. Indeed the position in law would be the same even if the reply had never been written and if he were basing his complaint on implied rejection of the claims in his letter".

    Keywords:

    complainant; complaint; decision; decision-maker; delegated authority; good faith; receivability of the complaint;



  • Judgment 1556


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "In any event [the complainant] may not plead want of due notice [...]. Having been well aware as early as [53 days before] of the sort of post she was to get and of her duty station, she may not properly plead bad faith."

    Keywords:

    assignment; complainant; duty station; duty to inform; good faith; organisation's duties; post; post description; transfer;



  • Judgment 1549


    81st Session, 1996
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Any applicant [for employment], whatever his hopes of success, must be considered in good faith and in line with the basic rules of fair competition."

    Keywords:

    appointment; candidate; competition; due process; equal treatment; general principle; good faith; internal candidate; organisation's duties; vacancy;



  • Judgment 1530


    81st Session, 1996
    Intergovernmental Organisation for International Carriage by Rail
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The Tribunal holds that the Organisation acted in bad faith by trying to discard the compromise to which it and the official had consented.

    Keywords:

    general principle; good faith; organisation's duties;



  • Judgment 1516


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6-8

    Extract:

    "The organization is [...] wrong to argue that [the complainant] has never sought reconsideration [...] of the decision setting the degree of her invalidity [...] and so has no adverse decision to impugn on that score." "It is true that as worded her original claims were not about the degree of her invalidity [...] but there is much evidence to show that the competent units of the organization did realise she was seeking review on medical grounds" "both the complainant and senior officers believed that review was on the way. [...] So it is odd to find the defendant now arguing that she had to get an express decision before seeking review".

    Keywords:

    complaint; good faith; internal remedies exhausted; organisation's duties; receivability of the complaint;



  • Judgment 1502


    81st Session, 1996
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Time limits must be construed in good faith. If an organisation wants to put procedural restrictions on one of the staff member's rights or on the exercise thereof it must draft clearly enough to avoid setting traps."

    Reference(s)

    ILOAT Judgment(s): 1376

    Keywords:

    case law; delay; good faith; interpretation; time bar; time limit; written rule;

    Consideration 9

    Extract:

    "The time limit must start at the date at which payment becomes due. If that were not so, the lapse of time would work to the claimant's detriment for as long as the rules precluded his making the claim. To make the would-be claimant wait, for any reason, before making the claim bars repayment. So the staff have grounds for supposing that they are not free [under Staff Regulation R VIII 1.01] to make claims until they can group." That being a reasonable construction, "for CERN to impose a narrower one would be an abuse of authority."

    Reference(s)

    Organization rules reference: CERN STAFF REGULATION R VIII 1.01

    Keywords:

    good faith; interpretation; no provision; staff member's interest; staff regulations and rules; time bar; time limit; written rule;



  • Judgment 1497


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

    Consideration 5

    Extract:

    "Anyone who applies for a post to be filled by some process of selection is entitled to have his application considered in good faith and in keeping with the basic rules of fair and open competition. That is a right that every applicant must enjoy, whatever his hopes of success may be."

    Keywords:

    candidate; cause of action; competition; equal treatment; good faith; organisation's duties;



  • Judgment 1479


    80th Session, 1996
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "The Tribunal has often affirmed the principle of good faith by which international organisations are bound and their duty to treat their staff members with consideration and fairness. It has also affirmed - for example in Judgment 946 [...] - the staff member's right to be kept informed of any action that may affect his legitimate interests."

    Reference(s)

    ILOAT Judgment(s): 946

    Keywords:

    case law; duty to inform; general principle; good faith; organisation's duties; respect for dignity; staff member's interest;



  • Judgment 1466


    80th Session, 1996
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Precedent has it that a time limit is a matter of objective fact and begins to run when a decision is notified. [...] The only exceptions that the Tribunal has allowed are where the complainant has been prevented by vis major from learning of the decision (see Judgment 21 [...]) and where the defendant has misled him or withheld some document from him in breach of good faith (see Judgment 752)."

    Reference(s)

    ILOAT Judgment(s): 21, 752

    Keywords:

    case law; exception; force majeure; good faith; organisation; start of time limit; time bar; time limit;



  • Judgment 1450


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    Having been denied permanent appointments, the complainants are seeking compensation failing reinstatement. The EPO pleads that the claim is irreceivable for failure to exhaust the internal remedies open to them. "The EPO fails in its preliminary objection to the complainants' claim to damages. [...] It may not refuse the complainants access to the appeal procedure on the grounds that they are 'auxiliary' staff, yet say that they ought, in what amounted to preliminary appeal [...] to have demarcated the full ambit of any future litigation."

    Keywords:

    claim; good faith; internal appeal; internal remedies exhausted; material damages; organisation's duties; receivability of the complaint; status of complainant;

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