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Good faith (193,-666)

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Keywords: Good faith
Total judgments found: 184

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  • Judgment 810


    61st Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "What good faith requires is that when someone is transferred he should be given proper notice, and not just of a vague intention, but of the nature of the post he is to get and of the duty station." The complainant did not accept the transfer and was dismissed. The decision is quashed and the Tribunal orders the restoration of the complainant's status as an official.

    Keywords:

    duty station; duty to inform; good faith; notice; organisation's duties; post description; reconstruction of career; refusal; termination of employment; transfer;



  • Judgment 752


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

    Consideration 4

    Extract:

    "Though [the complainant] did rely on facts of which he had been unaware at the outset, there was no new time limit on that account, the time limit in the Service Regulations being objectively determined and unqualified. Any other conclusion, even if founded on considerations of equity, would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of a time limit. The only exception is where the organisation has misled the complainant or concealed some paper from him so as to do him harm, in breach of the good faith which should govern administration. But the condition is not fulfilled here."

    Keywords:

    exception; general principle; good faith; internal appeal; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; time bar; time limit;



  • Judgment 657


    55th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The practice under consideration was being followed before the complainants were recruited and continued to be applied to all officials recruited along similar lines. "There is therefore no merit in the plea that there was breach of their good faith."

    Keywords:

    good faith; practice;



  • Judgment 647


    55th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Although time limits are essential to sound administration, the organisation must not use them in breach of the complainant's good faith."

    Keywords:

    exception; good faith; internal appeal; purpose; time limit;



  • Judgment 612


    53rd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant's submission of an internal appeal was time-barred; for not having correctly followed the internal procedure, her complaint is irreceivable. The discovery of an allegedly unlawful decision does not affect the time limit for internal appeal. The only exception is where the organisation has misled the complainant in breach of good faith.

    Keywords:

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



  • Judgment 603


    52nd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant's "later discovery that the administration's decision might have been unlawful does not affect the time limit, which is an objective matter of fact and starts on the date on which the impugned decision was notified. Any other conclusion, even if founded on considerations of equity, would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of setting a time limit. The only exception is where the organisation has misled the complainant and is therefore in breach of good faith."

    Keywords:

    consequence; date of notification; decision; exception; flaw; good faith; internal appeal; start of time limit; time bar; time limit;



  • Judgment 602


    52nd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 603, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 603

    Keywords:

    consequence; date of notification; decision; exception; flaw; good faith; internal appeal; start of time limit; time bar; time limit;



  • Judgment 592


    51st Session, 1983
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The organisation argues that by accepting the final extension of his appointment, the complainant waived his right to appeal and the complaint is irreceivable because it is in breach of the principles of good faith and estoppel. The Tribunal holds that waiver of a right to bring action may not be presumed; waiver is binding only if it is express or clearly implied on the facts. Mere acceptance of a decision giving him partial satisfaction does not necessarily denote waiver of the claims which had not yet been met.

    Keywords:

    acceptance; condition; contract; estoppel; extension of contract; good faith; receivability of the complaint; waiver of right of appeal;



  • Judgment 545


    50th Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    On taking up duty, the complainant knew that he would be in grade B.4, which he would hold until reaching the age of 30, even though his post was normally graded B.5. By accepting the appointment and unconditionally starting work, he clearly indicated his acceptance of the terms of appointment as offered. To apply some few months later for review of the terms of appointment was to go against the organisation's "reasonable expectation and to act in breach of the principle of good faith, and his application was correctly rejected for that reason."

    Keywords:

    acceptance; appointment; good faith; grade; terms of appointment;

    Consideration 3

    Extract:

    "A staff member is not bound for ever more by the terms of his appointment. But if he does challenge them he must respect the limitations of good faith."

    Keywords:

    acceptance; complainant; good faith; terms of appointment;



  • Judgment 543


    50th Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "There is an allegation of bad faith based on the fact that the organization did nothing to facilitate the complainant's return to it. The allegation fails. In view of the complainant's attitude the only way in which the organization could have facilitated her return would have been by conceding to her the right to veto the place of work assigned to her. to refuse to make such a concession is not bad faith."

    Keywords:

    assignment; execution of judgment; good faith; judgment of the tribunal; organisation; reinstatement;



  • Judgment 522


    49th Session, 1982
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "Time bars are essential to efficient administration, but they are not devised as a trap for what the organization in its argument describes as the 'legally non-vigilant person'."

    Keywords:

    good faith; purpose; time limit;

    Consideration 15

    Extract:

    The complainant's letter of 29 November shows that he did not regard the letter of 22 November as a decision. "The good faith that is part of the link between the organization and its members requires that neither side should take advantage of an obvious misconstruction by the other of its intentions. The silence of the organization when it must clearly have seen that the complainant was [on its view] misreading the letter of 22 November prevents it from setting up that letter as a decision."

    Keywords:

    date; decision; good faith; intention of parties;



  • Judgment 491


    48th Session, 1982
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "When the complainant signed the contract he was fully aware of the terms of employment [...] He consented to those terms [...] He may not validly contend that advantage was taken of his own good faith since, on learning the position(*) of most of his fellow officials, he might have objected and sought the conclusion of a new contract for himself."
    (*) in respect of working hours and overtime

    Keywords:

    acceptance; contract; good faith; overtime; terms of appointment; working hours;



  • Judgment 459


    46th Session, 1981
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Either the view is taken that the contract may be amended only by common consent of the parties, and the Tribunal may not require any amendment of the contract. In that case, [as] the organization has refused [the amendment submitted by the complainant], the Tribunal may not interfere. The alternative view is that the Tribunal may have the parties make the amendments required by the application of the principle of good faith".

    Keywords:

    amendment to the rules; contract; good faith; tribunal;

    Considerations 1-2

    Extract:

    "Upon receiving an appointment a staff member is required to give the date of his birth. The date so recorded in the contract of appointment may affect his rights and obligations in a number of ways; certainly it settles the date on which he is due to retire." The complainant may not rely on the principle of good faith "since in any case, when the first correction of date was made, he ought to have taken every precaution to determine the exact date of his birth."

    Keywords:

    amendment to the rules; date of birth; good faith; organisation; refusal; staff member's duties;



  • Judgment 436


    45th Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "Even if the complainant had succeeded on the facts, he would fail in law in his plea of nullification [of the agreement on the termination of his appointment. Well before the agreement took effect] he knew all the matters which have led him to conclude that he was the victim of deception and bad faith. If what he believed was true, it probably would have entitled him to rescind the agreement. But he chose instead to affirm it by accepting payment of all the sums which the agreement secured for him and he cannot now refuse to be bound by it."

    Keywords:

    acceptance; agreed termination; good faith; terminal entitlements; waiver of right of appeal;



  • Judgment 380


    42nd Session, 1979
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    The object of negotiation is compromise. "This object would be frustrated if either party began with the determination not to make any concession in any circumstances, just as the object of consultation would be frustrated if the decision-maker began with a determination not to be influenced by anything that might be said to him. On both these hypotheses there would be a lack of good faith."

    Keywords:

    collective bargaining; consultation; good faith; purpose;



  • Judgment 339


    40th Session, 1978
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 13-14

    Extract:

    There is a clause in the contract which provides that the employment may be terminated by either party upon written notice of two weeks. "The organization contends that if the appointment had been made, it could and would have terminated it by giving a fortnight's notice and accordingly that the indemnity payable to the complainant should be calculated on the loss of two weeks' employment. In the opinion of the Tribunal good faith would forbid the use of a clause of this type simply for the purpose of destroying the contract. There must be reasonable grounds to justify a premature termination."

    Keywords:

    contract; enforcement; good faith; notice; offer withdrawn; organisation; provision; termination of employment;

    Consideration 5

    Extract:

    The complainant addressed himself to the Director of Personnel who informed him that no procedure existed for an appeal by a person not belonging to the staff of the organization. The complainant subsequently brought the matter to the attention of the Director-General who said that the organization considered his appeal to be irreceivable because he was not a staff member. The complainant concluded that this was a final decision and that he had exhausted his means of appeal. He informed the organization that he intended to file a complaint with the Tribunal. The organization did not reply. The organization thus led the complainant to believe that an appeal would be pointless and the organization cannot now be heard to object that it was not made.

    Keywords:

    contract; direct appeal to tribunal; good faith; internal remedies exhausted; locus standi; offer; receivability of the complaint; status of complainant;



  • Judgment 328


    39th Session, 1977
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The facts as stated are consistent with the possibility that the complainants knew what they were doing and signed the [recruitment] form because they believed, probably correctly, that unless they did so they would not get the appointments they wanted. If this is so, it might be reprehensible conduct by the organization but it would not amount to concealment or to bad faith towards the complainants."

    Keywords:

    acceptance; complainant; good faith; local status; organisation; terms of appointment;

    Summary

    Extract:

    The complainants claim benefits dependent on their having non-local status. WHO Staff Rule 280.7 sets a retroactive time limit of one year for such claims. The complainants knew what they were doing at the time of recruitment when they signed a modified appointment form in order to obtain their employment. The organization may have acted reprehensibly, but its conduct amounts neither to concealment nor to bad faith: the organization may therefore rely on the material provision.

    Reference(s)

    Organization rules reference: WHO STAFF RULE 280.7
    ILOAT Judgment(s): 272

    Keywords:

    allowance; consequence; good faith; non-local status; non-retroactivity; organisation; receivability of the complaint; refund; time limit;

    Consideration 3

    Extract:

    "If it can be established that the conduct of the organization was such as to conceal from the complainants in bad faith that they had the claims which they were now putting forward, then the organization could not in the opinion of the Tribunal rely upon the rule [which disallows requests for benefits more than twelve months from the date at which the initial payment would have been due]."

    Keywords:

    allowance; consequence; good faith; local status; non-local status; non-retroactivity; organisation; receivability of the complaint; refund; request by a party;



  • Judgment 228


    32nd Session, 1974
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    After working under a P.5 contract, the complainant accepted a P.4 mission on condition that his post would be upgraded to P.5. The organization had clearly informed him that the upgrading of his post would depend on the results of an administrative procedure; "it could not promise and had in fact never promised any positive outcome"; it "kept the complainant informed of the steps taken under the procedure and of developments. [The complainant] cannot therefore properly contend that the organization showed bad faith towards him."

    Keywords:

    acceptance; amendment to the rules; condition; contract; downgrading; good faith; grade; offer; post classification; promise; promotion;



  • Judgment 178


    26th Session, 1971
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant maintains that she accepted the post only on the promise that it would shortly be graded G.6 and that the job description was marked "proposed G.6". But the complainant, who relies on mere promises or proposals, cannot claim any right to have her post regraded G.6. in the course of the general review of the grading of posts to align the organisation's classifications with those of the United Nations, the Secretary-General was "not bound by any prior legal obligation towards the complainant."

    Keywords:

    good faith; grade; organisation's duties; post classification; post description; promise; promotion; terms of appointment;



  • Judgment 154


    23rd Session, 1970
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2(D)

    Extract:

    The demonstrations to which the complainant's arrival had given rise led the organisation to order the complainant's transfer. It is regrettable that before assigning the complainant to his post the organisation should not have satisfied itself that his assignment would raise no difficulties. "However, the complainant could not fail to be aware of the difficulties to which his assignment [...] might give rise, and he cannot therefore properly complain that the organisation lacked information which according to the normal standards of good faith he himself should have supplied."

    Keywords:

    conduct; duty to inform; good faith; grounds; organisation's duties; organisation's interest; transfer;

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