Breach (235,-666)

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Keywords: Breach
Total judgments found: 168

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• Judgment 347

  
  40th Session, 1978
  International Patent Institute
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "The principle of equality, which is embodied in [the Staff Regulations], may be infringed in one of two ways: either by treating differently cases which are plainly alike, or by treating in the same way cases which are plainly unlike."

  Keywords:

  breach; condition; equal treatment; general principle;
  

  
  
  

• Judgment 261

  
  35th Session, 1975
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "The complaint does not relate to any non-observance by the organization of the complainant's terms of appointment and consequently this claim falls outside the Tribunal's jurisdiction. It is therefore unnecessary to consider whether or not it is time-barred."

  Keywords:

  breach; cause of action; claim; competence of tribunal; complaint; consequence; no cause of action; organisation; receivability of the complaint; terms of appointment; time bar;
  

  
  
  

• Judgment 196

  
  29th Session, 1972
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "The claim for payment of damages could be accepted only if the organization had caused injury to the complainant by violating its obligations. The Tribunal has not found that any such violation occurred, and therefore the complainant's claim for damages is without foundation."

  Keywords:

  breach; condition; organisation's duties;
  

  
  
  

• Judgment 136

  
  22nd Session, 1969
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The complainant was suspended from his duties on the ground that he allegedly misused office facilities to spread unfounded allegations. "This suspension does not fall within any of the cases [covered by the Staff Regulations] and, in the particular circumstances of the case, is in fact a disciplinary measure. The organization has therefore committed a breach of contract by suspending [the] complainant otherwise than in accordance with the Staff Regulations".

  Keywords:

  breach; disciplinary measure; disciplinary procedure; duty of discretion; hidden disciplinary measure; misconduct; provision; staff regulations and rules; suspension;
  

  
  
  

• Judgment 121

  
  20th Session, 1968
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "The organization has [...] committed a breach of contract by suspending the complainant otherwise than in accordance with the Staff Regulations. Since his emoluments have been fully paid, he has suffered no material damage, but he has suffered moral damage. He is entitled to compensation for the distress caused by the abrupt way in which he was treated, tantamount in its form to summary dismissal, and for the injury done to his reputation and to his prospects of obtaining other employment."

  Keywords:

  breach; flaw; injury; moral injury; professional injury; provision; respect for dignity; staff regulations and rules; summary dismissal; suspension;
  

  
  
  

• Judgment 90

  
  15th Session, 1965
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The complainant was dismissed without advance notice in violation of the applicable provision. The decision is quashed.

  Keywords:

  breach; decision quashed; organisation's duties; provision; staff regulations and rules; termination of employment; unsatisfactory service; warning;
  

  
  
  

• Judgment 70

  
  12th Session, 1964
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration I

  Extract:

  The Tribunal refers to the competence established by Article II, paragraph 1, of its Statute. "Consequently, in as far as [the complainant] submits that, in the decisions impugned [...] the Director-General has infringed various provisions of the Staff Regulations, and insofar as he prays, on account of these infringements, for the quashing of these decisions and for the organisation to be ordered to pay him compensation, the Administrative Tribunal is competent to hear his complaint."

  Reference(s)

  ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
  
  

  Keywords:

  breach; competence of tribunal; provision; staff regulations and rules;
  

  
  
  

• Judgment 33

  
  7th Session, 1958
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "While it has not been proved that performance reports should have been drawn up in connection with the complainant's participation in a competition, such performance reports should have been drawn up in any case once in each calendar year [...]. The absence of performance reports for the [material] year is a breach of [the Staff Rules] and may have been prejudicial to the complainant."

  Keywords:

  breach; injury; omission; performance report; provision; rating; staff regulations and rules;
  

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