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Good faith (193,-666)

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Keywords: Good faith
Total judgments found: 184

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  • Judgment 1439


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

    Consideration 9

    Extract:

    The organization refused to promote the complainant with effect from the date at which he met the material conditions on the grounds that he had been subject to disciplinary action. The Tribunal quashed the disciplinary action in an earlier judgment and the complainant finally got his promotion, albeit with some delay. The Tribunal rejects his claim to moral damages. "The delay in granting him promotion caused him no moral injury because the organisation acted in good faith in originally deciding not to promote him."

    Keywords:

    date; delay; disciplinary measure; effective date; good faith; judgment of the tribunal; moral injury; organisation; promotion; refusal;



  • Judgment 1406


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

    Consideration 11

    Extract:

    "The Tribunal dismisses [the complainant's] claims to reinstatement or payment of two years' salary and to further moral damages to cover the injury to her future financial prospects since there was nothing unlawful in the WHO's refusal to reinstate her or extend her appointment."

    Keywords:

    claim; contract; good faith; material damages; moral injury; non-renewal of contract; organisation's duties; reinstatement;



  • Judgment 1393


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "There is no reason of public policy why an organisation should not entertain a claim, even when it is premature, pending the notification of an individual decision. That is the approach that the EPO took when, instead of warning the complainant forthwith that his appeal was premature, it entertained his claims - just as it entertained all the others - and forwarded them, after what it described as preliminary study, to the Appeals Committee. So it was in breach of good faith in objecting to receivability before the Committee at a time when the time limits set off by its individual decisions had already run out. The Tribunal accordingly holds that under the circumstances the complainant is right to plead that he was caught in a procedural trap."

    Keywords:

    absence of final decision; date; general decision; good faith; individual decision; internal appeal; internal appeals body; organisation's duties; receivability of the complaint; start of time limit; time bar; time limit;



  • Judgment 1383


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

    Considerations 14-15

    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:

    candidate; compensation; competition; good faith; material damages; moral injury; vacancy notice;



  • Judgment 1376


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

    Consideration 13

    Extract:

    "According to the case law - see for example Judgment 607 [...] under 8 - though the rules on internal appeals must be respected because proper administration so requires, 'they are not supposed to be a trap or a means of catching out a staff member who acts in good faith'."

    Reference(s)

    ILOAT Judgment(s): 607

    Keywords:

    case law; good faith; internal appeal; internal remedies exhausted; organisation's duties; organisation's interest; right of appeal; staff member's interest; time limit;



  • Judgment 1371


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

    Consideration 6

    Extract:

    The complainant's "appraisal reports contain adverse comment by his supervisors, especially on his lack of initiative, and there is no evidence before the Tribunal to suggest that their views were not honestly held or were prejudiced. He was given a proper opportunity to comment on those views and his comments form part of the reports. In the circumstances the Tribunal disallows his application for the removal of them from his personal file."

    Reference(s)

    ILOAT Judgment(s): 1317

    Keywords:

    bias; good faith; lack of injury; performance report; personal file; right to reply; supervisor; unsatisfactory service; work appraisal;



  • Judgment 1370


    77th Session, 1994
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "Judgment 1317 [...] brought out the need for a properly functioning internal appeal procedure, of which the Appeal Board is an essential part. In this case the Board took far too long to report and failed to perform its function properly. Although in the circumstances the shortcomings of the appeal procedure may not be deemed to constitute bad faith, the ITU was negligent and caused the complainant injury. On that account it must afford him redress."

    Reference(s)

    ILOAT Judgment(s): 1317

    Keywords:

    case law; compensation; delay; flaw; good faith; injury; internal appeal; internal appeals body; moral injury; negligence; organisation's duties; procedure before the tribunal; report; staff member's interest;



  • Judgment 1328


    76th Session, 1994
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    "As for [WIPO's] failure to take the 'new decision' ordered in point 2 [of the operative part of the judgment whose application is sought], it is in breach of good faith in forcing the complainant to the point of appealing against a refusal he has to infer from its own silence. Under point 2 it is required to give him an express and properly substantiated decision on the matter of reinstatement".

    Keywords:

    application for execution; duty to substantiate decision; express decision; good faith; implied decision; organisation's duties; reinstatement;



  • Judgment 1315


    76th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The Tribunal quashes the results of a competition because the appointment procedure was tainted with bias. This entails the quashing of the appointment of an external candidate. "The Tribunal expects that the President will take such measures as will ensure that [the external candidate], who accepted the [appointment] in good faith, suffers no material injury."

    Keywords:

    appointment; bias; competition; competition cancelled; flaw; good faith; misuse of authority; open competition; organisation's duties;



  • Judgment 1280


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

    Considerations 14-15

    Extract:

    Vide Judgment 1279, considerations 14 and 15.

    Reference(s)

    ILOAT Judgment(s): 1279

    Keywords:

    complaint; date; good faith; internal appeal; organisation's duties; receivability of the complaint; staff regulations and rules; time limit;



  • Judgment 1279


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

    Considerations 14-15

    Extract:

    Under PAHO Staff Rule 1230.7.1 no-one may appeal to the Board of Appeal until "all the existing administrative channels have been tried". The complainants advised the administration that they intended to appeal to the Board as soon as they had the assurance that they had exhausted the internal remedies. "The defendant was therefore not free in good faith to treat the complainants' internal appeals to the Board as being out of time by taking a date that made it impossible for them to satisfy the prior condition set in Rule 1230.7.1."

    Reference(s)

    Organization rules reference: PAHO STAFF RULE 1230.7.1

    Keywords:

    complaint; date; good faith; internal appeal; organisation's duties; receivability of the complaint; staff regulations and rules; time limit;



  • Judgment 1250


    74th Session, 1993
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    Had the complainant "made a bona fide challenge to the validity of transfer, that would have been a satisfactory explanation for non-compliance: for a precedent, see Judgment 392 [...], under 6. For family reasons the organization refrained for five months [...] from taking action on the decision to transfer the complainant. Thereafter he did not challenge the transfer but sought to circumvent or delay it by raising a series of questions and by evading a direct response."

    Reference(s)

    ILOAT Judgment(s): 392

    Keywords:

    case law; complainant; decision; flaw; good faith; refusal; staff member's interest; transfer;



  • Judgment 1249


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

    Consideration 7

    Extract:

    The organization decided not to extend the complainant's appointment on the grounds that the authorities of his country were unwilling to release him any longer. "The organization makes out that, having derived from his status as a 'seconded' official the privilege of being relieved of going through the usual competitive process, the complainant may not, according to the doctrine of estoppel, 'take advantage of a special situation in his favour and then later deny the validity of this in order to obtain some further advantage'. The simple answer to that is that the organization bypassed the usual procedure because of an understanding it had with [a Member State]. So it may not properly expect the complainant to suffer for its own failure to follow the usual procedure as laid down in its rules."

    Keywords:

    appointment; breach; competition; complainant; contract; decision; enforcement; fixed-term; general principle; good faith; non-renewal of contract; procedure before the tribunal; secondment; staff regulations and rules;



  • Judgment 1247


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

    Consideration 6

    Extract:

    "As the Tribunal has held, for example in Judgment 607 [...], though proper administration requires the setting of time limits 'they are not supposed to be a trap or a means of catching out a staff member who acts in good faith'."

    Reference(s)

    ILOAT Judgment(s): 607

    Keywords:

    case law; complainant; good faith; internal appeal; internal appeals body; organisation's interest; time limit;



  • Judgment 1242


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

    Considerations 4-5

    Extract:

    The complainant submits that the organization did not do its utmost to reinstate him in execution of Judgment 1154. WIPO's letter "does not substantiate the contention that it had. it simply conveys the Director General's decision 'not to extend [the complainant]'s appointment'. It says nothing of any attempts to find him a suitable position and thereby discharge its primary obligation under Judgment 1154. [...] The Director General had the duty to justify his decision by explaining why it was impossible to reinstate the complainant [...] only in its reply to this complaint does the organization maintain that 'there was no possibility of reinstating the complainant since there was no suitable post to which he could be appointed given his qualifications'."

    Reference(s)

    ILOAT Judgment(s): 1154

    Keywords:

    application for execution; duty to substantiate decision; good faith; judgment of the tribunal; organisation; organisation's duties; refusal; reinstatement; reply; res judicata; submissions; 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; discretion; good faith; limits; negligence; organisation; organisation's interest; proportionality; refusal; reinstatement; right; termination of employment;



  • Judgment 1223


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

    Consideration 30

    Extract:

    The complainant, a Eurocontrol official, challenges the rejection of his application to a post of head of division and the appointment of an external candidate to that post. He alleges that the recruitment procedure was unlawful. "The Tribunal will not interfere in drafting a notice of vacancy or comparing candidates who respond to the notice. But for Eurocontrol to open a competition for serving officials and then change the terms of recruitment sub rosa so as to deny them any real chance of success was in breach of the duty of trust and fairness the organisation owes its staff."

    Reference(s)

    ILOAT Judgment(s): 1016

    Keywords:

    appointment; candidate; competition; discretion; due process; equal treatment; good faith; judicial review; organisation's duties; vacancy notice;



  • Judgment 1189


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

    Consideration 5

    Extract:

    The complainant is objecting to the local status he was granted upon recruitment. The Tribunal observes that on his application form he himself stated that he had been living in Geneva, which was his duty station, for several years. In signing that form he stated that the information he had given was "true, complete and correct". The Tribunal concludes that since he had thus declared at the time of recruitment that he had been residing in Geneva for several years, "the complainant is now estopped from contending that he was wrongly given such status".

    Keywords:

    duty station; good faith; local status; non-local status; residence; staff member's duties;



  • Judgment 1132


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

    Consideration 3

    Extract:

    "The case law makes it clear that time limits in rules on internal appeals must be strictly adhered to. The complainant did not comply with the requirements of the Service Regulations. Nor can he show any breach of good faith on the organisation's part. His complaint is therefore irreceivable under Article VII(1) of the Tribunal's Statute because he has failed to exhaust the internal means of redress."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    exception; good faith; internal appeal; internal remedies exhausted; mandatory time limit; receivability of the complaint; time bar; time limit;



  • Judgment 1127


    71st Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "The doctrine of estoppel is that someone who makes some statement or representation of fact that causes another to act to his detriment by relying on the truth of it may not later deny it even though it turns out to be wrong." The complainant's reliance on estoppel is mistaken.

    Keywords:

    definition; good faith;

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