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Good faith (193,-666)

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Keywords: Good faith
Total judgments found: 184

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  • Judgment 1125


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

    Consideration 8

    Extract:

    "A construction which an international organisation wilfully and consistently puts on a rule for years may become a binding element of personnel policy to be applied to everyone who is in the same position in law and in fact. That flows from the general principles that an organisation must show good faith and frame personnel policy in objective terms. Yet it may alter a construction it was not required to follow provided that it does not thereby offend against any of its written rules."

    Keywords:

    amendment to the rules; binding character; general principle; good faith; interpretation; practice; staff regulations and rules;



  • Judgment 1123


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

    Consideration 13

    Extract:

    The Tribunal points out that, as it said in Judgment 986, it has only a limited power of review in respect of salary policy. It will declare whether the impugned decisions square with general principles, with the Staff Regulations and with the terms of the complainants' appointment. Those principles, which include that of trust, were complied with in the instant case.

    Reference(s)

    ILOAT Judgment(s): 986

    Keywords:

    competence of tribunal; enforcement; general principle; good faith; judicial review; salary; staff regulations and rules; terms of appointment;



  • Judgment 1118


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

    Consideration 22

    Extract:

    Vide Judgment 1123, consideration 13.

    Reference(s)

    ILOAT Judgment(s): 1123

    Keywords:

    competence of tribunal; enforcement; general principle; good faith; judicial review; salary; staff regulations and rules; terms of appointment;



  • Judgment 1115


    71st Session, 1991
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6-7

    Extract:

    The complainant wants the Tribunal to set aside two reports which describe his work as unsatisfactory as well as decisions to suspend his salary step increase and not to extend his appointment. He alleges bad faith and abuse of authority on the part of the administration. There is conflicting evidence. "A complainant must discharge the burden of proof and satisfy an internal appeal body or the Tribunal that the balance of probability is that his allegations of fact are true. [...] The Tribunal has [...] considered all the evidence, including a transcript of a recording the complainant secretly made of a conversation with his supervisor. It finds that he has not discharged the burden of proving his allegations".

    Keywords:

    appraisal of evidence; burden of proof; complainant; conduct; contract; evidence; fixed-term; good faith; increment withheld; lack of evidence; misuse of authority; non-renewal of contract; performance report; recording; unsatisfactory service;



  • Judgment 1111


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

    Consideration 2

    Extract:

    The complainant, having tendered her resignation, was mistakenly paid a termination indemnity upon the transfer of Interpol's Headquarters to Lyons. The organisation ordered repayment. "[T]he Secretary General's decision to claim the sum back from her is a discretionary one. In deciding whether to demand full or part repayment he takes accounts of such factors as the staff member's good or bad faith, the sort of mistake that has been made, the organization's own and the staff member's negligence and the inconvenience which the demand, made necessary by the organization's own oversight, will put the staff member to. So the Tribunal will exercise only a limited power of review over the decision."

    Keywords:

    discretion; good faith; judicial review; negligence; recovery of overpayment; terminal entitlements;



  • Judgment 1107


    71st Session, 1991
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant, who joined CERN as a fireman, was transferred from a night-shift post to one confined to day work. The offer of the new post said that staff who gave up shift work could be compensated for loss of the shift allowance at digressive rates over three years. The Director- General decided to grant him compensation over a period of only one year. The Tribunal sets the decision aside on the grounds that "an offer of appointment holds good until it is withdrawn or accepted in good faith and without qualification, when it amounts to a contract."

    Keywords:

    acceptance; appointment; binding character; compensatory allowance; compensatory measure; contract; elements; good faith; offer; reduction of salary; salary; transfer;



  • Judgment 1106


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

    Consideration 3

    Extract:

    Time limits are a matter of objective fact. "If that were not so - whatever considerations of equity there might be - there could be no certainty in legal relations between the parties, and such certainty is the whole point and purpose of the time bar. An exception might be allowed only if the organization had acted in bad faith and misled the official. But in this case the organization did not."

    Keywords:

    complaint; exception; good faith; receivability of the complaint; start of time limit; time bar; time limit;



  • Judgment 1096


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

    Consideration 11

    Extract:

    "A complaint is receivable under Article VII(3) where the administration fails to take any decision upon the claim within sixty days of the date of notification of it. Once an organisation has accepted the Tribunal's Statute it may not derogate from Article VII(3) by dint of internal rules of its own. The only difference Eurocontrol's own Staff Regulations may make is that it is estopped from objecting to receivability when, in reliance on its own time limit, a staff member has filed a complaint that would be receivable under its Staff Regulations but out of time under Article VII." (See also Judgment 1095.)

    Reference(s)

    ILOAT reference: ARTICLE VII(3) OF THE STATUTE
    ILOAT Judgment(s): 1095

    Keywords:

    complaint; consequence; difference; failure to answer claim; good faith; iloat statute; precedence of rules; receivability of the complaint; staff regulations and rules; time bar; time limit;



  • Judgment 1095


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

    Consideration 19

    Extract:

    "A complaint is receivable under Article VII(3) where the administration fails to take any decision upon the claim within sixty days of the date of notification of it. Once an organisation has accepted the Tribunal's Statute it may not derogate from Article VII(3) by dint of internal rules of its own. The only difference Eurocontrol's own Staff Regulations may make is that it is estopped from objecting to receivability when, in reliance on its own time limit, a staff member has filed a complaint that would be receivable under its Staff Regulations but out of time under Article VII."

    Reference(s)

    ILOAT reference: ARTICLE VII(3) OF THE STATUTE

    Keywords:

    complaint; consequence; difference; failure to answer claim; good faith; iloat statute; precedence of rules; receivability of the complaint; staff regulations and rules; time bar; time limit;



  • Judgment 1082


    70th Session, 1991
    Intergovernmental Council of Copper Exporting Countries
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "It is in bad faith to enter a new objection [to receivability] in the surrejoinder when the complainant may not reply."

    Keywords:

    good faith; new plea; surrejoinder;



  • Judgment 1070


    70th Session, 1991
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7, Summary

    Extract:

    The complainant submitted a claim for medical expenses incurred by his former wife which another insurance scheme had already met. He submits that he bore no responsibility for the error and acted in good faith. The Tribunal holds that as he knew that his former wife was covered under another health scheme he should have made sure that it had not previously refunded her expenses. The complainant's "conduct argues, to say the least, a degree of laxity quite inadmissible in an international civil servant in that he wilfully ran a substantial and unreasonable risk, the foreseeable outcome being the defrauding of the fund. He has only himself to blame for the consequences of his own oversight."

    Keywords:

    complainant; fitness for international civil service; good faith; health insurance; insurance; medical expenses; misrepresentation; negligence; request by a party; serious misconduct; staff member's duties;

    Consideration 7, Summary

    Extract:

    Under Article 2.7(1) of the ILO/ITU Staff Health Insurance Fund Regulations claimants must supply a statement, together with supporting documents, listing any benefits received or to be received from another health scheme in respect of each claim made. The complainant submitted a claim for his ex-wife's medical bills, which had already been reimbursed by another health scheme. "In filing such a statement the complainant had a duty to make sure that the 'supporting documents' were genuine and he could not shirk it by shifting responsibility to his former wife and professing his own ignorance and good faith."

    Reference(s)

    Organization rules reference: ARTICLE 2.7(1) OF THE ILO/ITU STAFF HEALTH INSURANCE FUND REGULATIONS

    Keywords:

    accumulation; dependant; good faith; health insurance; insurance; liability; medical expenses; misrepresentation; request by a party;

    Consideration 7

    Extract:

    The complainant was dismissed for having got the ILO/ITU Health Fund to reimburse medical costs incurred by his former wife when another health scheme had already met them. "It is irrelevant to his plea of good faith that he has instigated criminal proceedings against her in the French courts on the grounds of fraud, though he might cite her conviction, if she were found guilty of the charges, as a new fact warranting review."

    Keywords:

    dependant; evidence; good faith; health insurance; judgment of the tribunal; medical expenses; misconduct; municipal court; request by a party; termination of employment;



  • Judgment 1055


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

    Summary

    Extract:

    WHO Staff Rule 565.2 reads: "A staff member may be reassigned whenever it is in the interest of the organization to do so". The Rule reflects a general principle stated in Judgment 810. Yet the Director-General's authority in the matter is not absolute. The Tribunal will determine whether there is a formal or procedural flaw, etc. It will also consider whether there has been breach of good faith.

    Reference(s)

    Organization rules reference: WHO STAFF RULE 565.2
    ILOAT Judgment(s): 810

    Keywords:

    discretion; good faith; judicial review; organisation's interest; transfer;



  • Judgment 1053


    69th Session, 1990
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7, Summary

    Extract:

    When the complainants retired in 1988 they chose to take partial lump-sum payment of their pensions in the belief that United States taxes levied on those amounts would be reimbursed in keeping with a practice that remained in force until 1989. But they were denied reimbursement. As the complainants all believed the practice to be applicable when they made their choice, both the principle of non-retroactivity and that of good faith apply.

    Keywords:

    amendment to the rules; date; good faith; lump-sum; non-retroactivity; pension; pension entitlements; practice; refund; retirement; tax;

    Summary

    Extract:

    In respect of tax reimbursement the IAEA took the reference in Provisional Staff Regulation 5.02(a) to "salaries or allowances paid by the Agency" to cover lump-sum payments from the United Nations Joint Staff Pension Fund between 1980 and 1989. The Tribunal holds that, "having been followed over several years,the interpretation became part of the Agency's personnel policy and had to be applied to all departing staff members who found themselves in similar circumstances. If the Agency chose to take a different view of the interpretation at a later stage, it could not in doing so break with the general principle of good faith which it is required to observe in dealings with its staff members."

    Reference(s)

    Organization rules reference: IAEA PROVISIONAL STAFF REGULATION 5.02(A)

    Keywords:

    amendment to the rules; good faith; interpretation; lump-sum; pension; practice; refund; staff regulations and rules; tax;



  • Judgment 1020


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "Since the Tribunal may not review the policy decision to move to Lyon the only effect it can give to the doctrine of acquired rights as recognised by Interpol is to determine whether the arrangements for carrying out the move were properly objective. Since the transfer did disrupt the lives of its staff, the organization had a duty to ensure that there was no undue or pointless detriment to their interests. The consequences of the change which the transfer brought in the conditions of their employment are to be gauged against cardinal principles such as equality of treatment, good faith and the rule against retroactivity".

    Keywords:

    acquired right; amendment to the rules; equal treatment; general principle; good faith; judicial review; non-retroactivity; organisation's duties; terms of appointment; transfer of headquarters;



  • Judgment 1019


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    Vide Judgment 1020, consideration 13.

    Reference(s)

    ILOAT Judgment(s): 1020

    Keywords:

    acquired right; amendment to the rules; equal treatment; general principle; good faith; judicial review; non-retroactivity; organisation's duties; terms of appointment; transfer of headquarters;



  • Judgment 955


    66th Session, 1989
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant's "argument that he was late in discovering that the decision had been unlawful is irrelevant: a time limit is a matter of objective fact and starts when the decision is notified. if that were not so - whatever considerations of equity there might be - there could be no certainty in legal relations between the parties, and such certainty is the whole point and purpose of time limits. An exception might be allowed only if the organisation had acted in bad faith and misled the official."

    Keywords:

    consequence; decision; exception; flaw; good faith; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;



  • Judgment 946


    65th Session, 1988
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The organization [is] in breach of the duty of consideration it owes its staff, of the principle of good faith and of the rule that the staff member has a right to be kept informed of any action that may affect his rights or legitimate interests."

    Keywords:

    contract; duty to inform; fixed-term; good faith; non-renewal of contract; organisation's duties;



  • Judgment 941


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

    Considerations 5-6

    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 860


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    As to identity in the cause of action, Mr [A.] notes that the Tribunal had in part rejected the complainants' plea of breach of good faith on the grounds that they had taken up duty after the new criteria had taken effect. Mr [A.] contends that this reasoning does not apply to him insofar as he had taken up duty before the change in rules. The Tribunal acknowledges that there is on this point a new cause of action; however it holds on the merits that a staff member has no right, save in exceptional cases, to demand that the rules on promotion in force at the time of appointment should never be modified.

    Reference(s)

    ILOAT Judgment(s): 657

    Keywords:

    acquired right; amendment to the rules; application for review; appointment; date; effective date; general principle; good faith; practice; promotion; provision; receivability of the complaint; res judicata; same cause of action; terms of appointment;



  • Judgment 844


    63rd Session, 1987
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 27

    Extract:

    "In reaching his decision of 11 February 1987 the Director-General failed to take an essential fact into consideration, namely the degree of the Agency's own responsibility for the lack of information supplied initially to the complainant. While the paramount consideration in making or renewing appointments is to secure employees of the highest standard, it is not the only one. The principle of good faith requires that employees be treated with due regard for their rights. If the Director-General had considered the application in the light of the organisation's own responsibility for the complainant's difficulties when his contract was not renewed, he might have reached a different decision."

    Keywords:

    contract; disregard of essential fact; duty to inform; fixed-term; general principle; good faith; non-renewal of contract; organisation's duties; post description;

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