Acceptance (577,-666)
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Keywords: Acceptance
Total judgments found: 96
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Judgment 817
62nd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"No contract of employment will come into being unless there are an unqualified offer by the employer, agreement between the parties on the essential terms, and unqualified acceptance by the employee."
Keywords:
acceptance; contract; definition; elements; law of contract; offer;
Judgment 633
54th Session, 1984
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The unconditional acceptance by the complainant of the Secretary-General's offer [...] amounted to a withdrawal of any objection he may have had to the Secretary-General's placing him on leave in the first place. Any question of principle which he might have been able to raise in regard to his being placed on leave otherwise than on his own application, and any distinction he might have sought to draw between annual leave entitlement and accrued annual leave, have been rendered purely hypothetical by his acceptance of the arrangement offered".
Keywords:
abolition of post; acceptance; leave; special leave; unpaid leave; waiver of right of appeal;
Judgment 613
53rd Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant, a citizen of the United States on a visit to Alexandria, was granted a short-term appointment. That appointment, on the basis of local recruitment, was extended several times. He was then given a fixed-term appointment on the basis of local recruitment. The Tribunal observes that this last contract converted the earlier ones; by signing the contract without making any objection, the complainant accepted his local-recruitment status. The request for non-local status is dismissed.
Keywords:
acceptance; appointment; contract; local status; non-local status; short-term; terms of appointment;
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 581
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's services were terminated and his post abolished. The Organization contends that the fact that the complainant accepted the indemnity provided for in the Rules constitutes a contractual agreement which precludes him from pursuing subsequent claims. "The Tribunal will, naturally, examine the circumstances in which the payment was made and accepted in considering whether or not the complainant has renounced any claim he may have had against the Organisation in connection with the termination of his services. In the circumstances of this case the Tribunal has concluded that the mere acceptance by the complainant of the said indemnity does not amount to a renunciation by him of his claim against the PAHO and is not a bar to his seeking relief."
Keywords:
abolition of post; acceptance; agreed termination; terminal entitlements; termination of employment; waiver of right of appeal;
Judgment 574
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal observes that the defendant is under a duty to enable the court to render a complete decision on the dispute. If the party who is the defendant takes the view that the complaint should be rejected because it is clearly vexatious, he may apply to the Tribunal, before filing the reply, for permission to confine his arguments to that point. Otherwise he will incur the danger that the Tribunal declare the allegations of fact in the complaint to be established."
Keywords:
acceptance; condition; consequence; organisation's duties; reply confined to receivability; submissions; tribunal;
Judgment 567
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"It is true enough that withdrawal of suit may not be presumed, but the complainants expressed their wishes clearly. It is also true that withdrawal may be cancelled at any time until it is accepted; but here it was not cancelled before the President [of the Office] took note of it."
Keywords:
acceptance; condition; waiver of right of appeal; withdrawal of suit;
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 507
48th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Having regard to the fact that the clause [which reproduces an article of the Chilean Labour Code] is in Spanish, a language with which the Tribunal is not familiar, and has to be applied to conditions in Chile with which likewise the Tribunal is not familiar, the Tribunal would be foolish if it did not attach great weight to the observations of a supreme court which is familiar with both. Moreover, the basic idea of the Supreme Court's interpretation [...] appears to the Tribunal to accord very well with the object of the clause."
Keywords:
acceptance; domestic law; interpretation; municipal court; tribunal;
Judgment 499
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The organisation confined itself to procedural issues. If the defendant considers the complaint to be clearly vexatious, it may apply to the Tribunal, before filing its memorandum, for permission to confine its arguments to the decisive point. "Otherwise [the defendant] will incur the danger that, instead of adjourning, as in the present case, the Tribunal declare the allegations of fact in the complaint to be established."
Keywords:
acceptance; case sent back to organisation; condition; further submissions on the merits; reply confined to receivability; tribunal;
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 458
46th Session, 1981
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
The complainant sought the Director-General's approval, required under the material provisions, for him to to appeal directly to the Tribunal. Having received no reply within the time limit he had given, the complainant considered that the organization's silence was to be taken as consent. But the Director-General was not bound to answer the complainant by the deadline he had arbitrarily set. Furthermore, he did not ask for the Director-General's agreement until after the expiry of the time limit for addressing an appeal: he should therefore have expected a refusal. The complaint is clearly irreceivable.
Keywords:
acceptance; direct appeal to tribunal; executive head; failure to answer claim; provision; request by a party; staff regulations and rules; time limit;
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 414
44th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant had a choice between two solutions: either to go ahead with the internal procedure or to enter into a fixed-term contract. He was able to make his choice freely and was not subject to any pressure. "The most that can be said is that there would have been duress had the [organisation] declared a fictitious abolition of the complainant's appointment without limit of time in order to make him consent to a fixed-term appointment. But it did not do so. The abolition of his permanent post formed part of a real reorganisation and was no mere pretext.
Keywords:
abolition of post; acceptance; contract; duration of appointment; duress; fixed-term; permanent appointment; waiver of right of appeal;
Judgment 402
43rd Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"If there is doubt about the safety of a place of work, it is the duty of the employer to make the necessary inquiries and to arrive at a reasonable and careful judgement [...]. If [the employee] accepts the order, as prima facie he is bound to do, and the employer has failed to exercise due skill and care in arriving at his judgment, the employee is, subject to any contrary provision in the contract, entitled to be indemnified in full against the consequences of the misjudgment."
Keywords:
acceptance; assignment; damages; duty station; inquiry; investigation; negligence; organisation; organisation's duties; right; special hazard;
Judgment 363
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
If, as "is very doubtful, the language of the letter [...] is sufficient to attach to the payment the condition that the complainant would by accepting it abandon his right to appeal to the Tribunal, this condition would be invalid and of no effect."
Keywords:
acceptance; condition; installation allowance; payment; waiver of right of appeal;
Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The parties are bound by a contract for conditional appointment. One condition relates to "government and other internal clearances". The dossier contains no explanation of what this phrase means. "[S]ince it occurs in a document composed and proffered by the organization it is for the organization in the first place to attribute a meaning to it. Without this elucidation the Tribunal cannot hold that the condition has not been fulfilled [...]."
Keywords:
acceptance; condition; contract; judicial review; medical examination; member state; offer;
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;
Judgment 297
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Tribunal might go as far as to impute an error of law to the Director-General if the impugned decision were tainted with an inconsistency. But it is not so. Contrary to what the complainant suggests, the Director-General apparently accepted the recommendation unreservedly and did not overlook it: indeed he actually explained how he would take account of it."
Keywords:
acceptance; executive head; internal appeals body; recommendation;
Judgment 246
33rd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(a)
Extract:
"The decisions to grant the complainant only fixed-term appointments did not infringe any provision of the [...] Regulations and may not be regarded as being ultra vires or as misuse of authority as indeed the complainant himself acknowledged in accepting the offers of appointment."
Keywords:
acceptance; complainant; contract; fixed-term; organisation's duties; successive contracts;
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