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Continuing breach (203,-666)

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Keywords: Continuing breach
Total judgments found: 13

  • Judgment 3152


    114th Session, 2013
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant applies for execution of Judgments 2867 and 3003.

    Consideration 26

    Extract:

    "The Tribunal, which has the power to take such measures as may be necessary to ensure that its judgments are executed, may, if it considers it appropriate, order the payment of a penalty for default (see, for example, Judgments 1620, under 10, or 2806, under 11). In the present case, the patent lack of goodwill demonstrated by [the organisation] to date with regard to honouring its obligation to pay the awards made against it justifies the imposition of a penalty, as requested by the complainant, of 25,000 euros for each month's delay in the settlement of the awards made in this judgment."

    Reference(s)

    ILOAT Judgment(s): 1620, 2806

    Keywords:

    application for execution; continuing breach; delay; execution of judgment; formal demand for payment; iloat; judgment of the tribunal; organisation's duties;



  • Judgment 2951


    109th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "An appeal against a decision which has recurring effects cannot be time-barred: each month in which the complainant receives her payslip, in accordance with her step-in-grade assignment, must be considered a source of a new cause of action (see Judgment 978, under 8)."

    Reference(s)

    ILOAT Judgment(s): 978

    Keywords:

    administrative decision; cause of action; continuing breach; internal appeal; late appeal; pay slip; time bar; time limit;



  • Judgment 2806


    106th Session, 2009
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    In Judgment 2575, the Tribunal annulled a decision to transfer the complainant from Vienna to Berlin. No action was taken to return him to Vienna. Instead, on 13 February 2007, the IOM informed him that he was to be transferred to Berlin with immediate effect. In Judgment 2691, the Tribunal declared that the decision of 13 February 2007 was "null and void ab initio".
    "Like all judicial bodies, the Tribunal has inherent jurisdiction and power to take action to ensure that its judgments are implemented. That power may be exercised in any proceedings where a question is raised with respect to the implementation of a judgment. Accordingly, an order will be made for a penalty to be paid in the event that [the complainant] is not posted to Vienna within 30 days."

    Reference(s)

    ILOAT Judgment(s): 2575, 2691

    Keywords:

    application for interpretation; application for review; continuing breach; delay; execution of judgment; general principle; judgment of the tribunal; judicial review; organisation's duties; res judicata; time limit;



  • Judgment 2553


    101st Session, 2006
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5-6

    Extract:

    Harassment is described in IAEA staff notice SEC/NOT/1922 as follows:
    "Harassment is any conduct or comment made by a staff member or group of staff members on either a one-time or continuous basis that demeans, belittles or causes personal humiliation. It can take many different forms, including, for example: threatening comments, whether oral or written, or threatening physical behaviour; intimidation, blackmail or coercion; making deliberate insults related to a person's personal or professional competence; humiliating, degrading or making offensive or abusive personal remarks to someone; undermining or isolating people; or making it impossible for staff to do their job by, for example, withholding information."
    "This is a very broad definition, no doubt designedly so. It requires reasonable interpretation and application to the circumstances of each particular case. It contains both subjective and objective elements: did the alleged victim actually feel humiliated, offended or intimidated by the impugned conduct, and was such conduct, viewed objectively, of a nature reasonably to humiliate, offend or intimidate? Where the impugned conduct consists of words, although truth will not always constitute a complete defence, an inquiry as to whether such words may or may not reasonably be true is obviously relevant. Likewise, an inquiry as to whether the speaker's words can reasonably be seen as a reference to the performance of duties and are not merely gratuitous comments will be germane. Personal characteristics such as gender, race and ethnicity as well as the reasonableness of the sensitivities of the alleged victim, must also be weighed in considering both questions. Similarly, any previous history of relations between the alleged victim and the alleged offender may be relevant and, while a single injurious action may by itself be enough to constitute harassment, an otherwise apparently inoffensive comment may, with repetition, become a legitimate source of grievance.
    In the final analysis, the question as to whether any particular act or series of acts amounts to harassment is one of fact to be answered only after careful consideration of the above factors and an examination of all the surrounding circumstances."

    Reference(s)

    Organization rules reference: IAEA staff notice SEC/NOT/1922

    Keywords:

    breach; conduct; continuing breach; criteria; definition; difference; harassment; information note; interpretation; judicial review; moral injury; official; organisation's duties; purpose; qualifications; respect for dignity; sex discrimination; working relations; written rule;



  • Judgment 1780


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

    Consideration 6(b)

    Extract:

    "Regular payments by an employer, whether in the form of salary or of some other benefit, amount to decisions that may be challenged at the time. Failing such challenge they become final and may be challenged thereafter only if there are grounds for review of administrative action."

    Keywords:

    allowance; condition; continuing breach; individual decision; receivability of the complaint; salary;



  • Judgment 1363


    77th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 38

    Extract:

    The complainant alleges that the charges against him of misconduct and his subsequent dismissal were mistaken. On the evidence "the Tribunal is satisfied that the complainant was in breach of his professional obligations throughout the period of his service at the EPO in that without leave he had set up and was running a consultancy firm under cover of his main professional activity. Such professional misconduct was compounded by the coincidence between the area of the firm's business and the EPO's own area of competence and by his offering or actually providing services to his customers that were connected with his official duties at the EPO."

    Keywords:

    conduct; continuing breach; disciplinary measure; misconduct; organisation's interest; outside activity; serious misconduct; staff member's duties; termination of employment;



  • Judgment 1362


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

    Consideration 10

    Extract:

    "[T]he Tribunal must rule yet again on WIPO's refusal to discharge the obligation to decide on reinstatement. As it has stated more than once, its judgments are to be given immediate effect. In the regrettable event that the Organization continues to disregard that rule and fails to act within 30 days of the date of delivery of this judgment, it must pay the complainant 10,000 swiss francs by way of penalty for each further month of delay."

    Keywords:

    amount; application for execution; continuing breach; decision; delay; execution of judgment; general principle; judgment of the tribunal; organisation's duties; penalty for delay; refusal; reinstatement; res judicata; time limit;

    Consideration 9

    Extract:

    "The constant thrust of the three earlier judgments was to secure from the organization [...] discharge of its obligation to communicate to [the complainant] a proper decision. He might then impugn that decision if it was not to his liking, and the Tribunal might if need be review the reasons for it, which is something it has not yet been able to do. The complainant is entitled to such decision as a matter of course, without having to ask for it and without delay. That obligation WIPO has stubbornly ignored, it is in breach of the rule of law in the international civil service, and that is not to be brooked."

    Keywords:

    application for execution; continuing breach; execution of judgment; express decision; international civil service principles; judgment of the tribunal; judicial review; organisation's duties; right of appeal;



  • Judgment 1361


    77th Session, 1994
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The Tribunal reaffirms that its rulings have the force of res judicata and are binding on the organisations that have recognised its jurisdiction. Any organisation that offends against that rudimentary principle by refusing to give effect to judgments it does not care for is disregarding the rights of staff and its own interests and is acting in breach of the obligations that it has assumed by recognising the Tribunal's jurisdiction."

    Keywords:

    acceptance; application for execution; competence of tribunal; continuing breach; execution of judgment; judgment of the tribunal; organisation's duties; organisation's interest; res judicata; staff member's interest;



  • Judgment 978


    66th Session, 1989
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "None of the interveners is barred by any lapse of time from claiming entitlement to the non-resident's allowance and to the other benefits. [...] Acquiescence is not a valid plea open to the organization and a woman staff member may at any time object to discriminatory treatment."

    Keywords:

    allowance; continuing breach; equal treatment; intervention; non-resident allowance; receivability of the complaint; sex discrimination; time bar;

    Consideration 12

    Extract:

    "Since the rule was unlawful it could never become lawful by lapse of time or by acquiescence and a claim could therefore never be barred. Even though a claim to actual payment of the non-resident's allowance cannot succeed in these proceedings because of the complainant's failure to follow the proper internal procedure, the question of her entitlement to the allowance must be considered because of its bearing on the matter of the recurrent benefits."

    Keywords:

    allowance; continuing breach; flaw; non-resident allowance; provision; receivability of the complaint; right; time bar;



  • Judgment 970


    66th Session, 1989
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The complainant [...] contends that each alleged short-payment of salary constitutes in itself a separate breach by the Union of its obligations towards him. But since he has not sought review by the Secretary-General of any of the alleged short-payments, his complaint is again irreceivable".

    Keywords:

    complaint; continuing breach; decision; internal remedies exhausted; payment; receivability of the complaint; salary;



  • Judgment 650


    55th Session, 1985
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainants contend that the organisation had been in continuous breach of its obligations by failing to safeguard their enjoyment of entitlements they had before a specific date. They therefore allege that the organization acted unlawfully since that date. "The impugned decision therefore recurred right up to the date of the internal appeal, and that appeal was in time. The internal means of redress must be deemed to have been exhausted even though the Board did not go into the merits."

    Keywords:

    allowance; continuing breach; payment; receivability of the complaint; time limit;



  • Judgment 323


    39th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 23

    Extract:

    "Every time the organization commits a breach of an obligation, it necessarily decides to commit that breach. No matter how often a similar breach is repeated, it is not the same breach nor the same decision, and it gives rise to a fresh cause for complaint. [I]f an organisation is in continuing breach a complaint alleging the breach may be made at any time [...]."

    Keywords:

    complaint; continuing breach; organisation's duties; receivability of the complaint;



  • Judgment 292


    38th Session, 1977
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    The complaint seeks the refund of education expenses. "On [the first day of every month] the organisation, if the complainant is right, acted adversely towards him by failing to adopt the measure prescribed [...]. However, the time limit of three months, running backwards from the [date of] application [...] means that claims in respect of [earlier] payments are time-barred."

    Keywords:

    allowance; continuing breach; education expenses; injury; payment; receivability of the complaint; refund; time bar;


 
Last updated: 15.09.2021 ^ top