Criteria (595,-666)
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Keywords: Criteria
Total judgments found: 106
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Judgment 1266
75th Session, 1993
International Union for the Protection of New Varieties of Plants
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 26 and 28
Extract:
Vide Judgment 1265, considerations 26 and 28.
Keywords:
adjustment; case law; criteria; discretion; general service category; icsc decision; judicial review; limits; local status; reckoning; salary; scale;
Considerations 26 and 29
Extract:
Vide Judgment 1265, considerations 26 and 29.
Keywords:
adjustment; case law; criteria; discretion; icsc decision; judicial review; limits; municipal court; reckoning; salary; scale;
Considerations 26-27
Extract:
Vide Judgment 1265, considerations 26 and 27.
Keywords:
adjustment; criteria; discretion; general service category; icsc decision; judicial review; limits; local status; reckoning; salary; scale; staff member's interest;
Judgment 1265
75th Session, 1993
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 26 and 29
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "The Tribunal may not interfere in the exercise of [the organization's] discretion or in the drafting of the salary policy it is based on. But it does have a power of review in this area which is clearly defined [...] the Tribunal has, like other international and national administrative tribunals, set criteria for what may be termed 'external' or 'marginal' review of discretionary decisions, and [...] they were set out in detail in Judgment 1000, under 12."
Reference(s)
ILOAT Judgment(s): 1000
Keywords:
adjustment; case law; compensation; criteria; discretion; general service category; icsc decision; judicial review; limits; municipal court; reckoning; salary; scale;
Considerations 26 and 28
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "The Tribunal may not interfere in the exercise of such discretion or in the drafting of the salary policy it is based on. But it does have a power of review in this area which is clearly defined [...] there are specific [factors] that in this comparative sort of exercise must be taken in isolation from the rest and subject to critical evaluation. Judgment 1000 [...] illustrates how such a procedure may yield notable results. In this case the information provided by the Commission shows that it is quite possible to isolate the factor at issue and even to put exact figures on the effects they have on the salary scale."
Reference(s)
ILOAT Judgment(s): 1000
Keywords:
adjustment; case law; criteria; discretion; general service category; icsc decision; judicial review; limits; local status; reckoning; salary; scale;
Considerations 26-27
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "[T]he Tribunal may not interfere in the exercise of such discretion or in the drafting of the salary policy it is based on. But it does have a power of review in this area which is clearly defined [...] it will consider in the event of dispute whether the Commission's methodology has been properly observed. The methodology is an important factor in ensuring that the results are stable, foreseeable and clearly understood. And though the Commission is free to choose its methods, once it has chosen them the staff may expect them to be followed in all circumstances."
Keywords:
adjustment; criteria; discretion; general service category; icsc decision; judicial review; limits; local status; patere legem; reckoning; salary; scale; staff member's interest;
Judgment 1263
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Identity of purpose means that what the complainant is seeking is what he would have obtained had his earlier suit succeeded. And it is not the actual working of the decision that matters but the complainant's intent."
Keywords:
claim; complaint; criteria; receivability of the complaint; res judicata; same purpose;
Judgment 1226
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 832.
Reference(s)
ILOAT Judgment(s): 832
Keywords:
acquired right; amendment to the rules; breach; budgetary reasons; case law; cause; contract; criteria; staff regulations and rules;
Judgment 1217
74th Session, 1993
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The complainant objects to CERN's refusal to change his home from that of which he is a citizen to another country. "The original determination of the home station on recruitment and any later change are incontrovertibly at the discretion of CERN, which has to give weight to the various criteria the Staff Regulations set. For the sake of sound management [...] the organization may set guidelines on the matter. So there can be no objection to its consistent policy of determining the staff member's home, barring evidence to the contrary, in his own country and allowing later change to some other country only where some change in circumstances so warrants."
Keywords:
amendment to the rules; criteria; decision; discretion; home; home leave; judicial review; nationality; organisation's interest; place of origin; refusal;
Judgment 1170
73rd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant objects to the refusal to grant him promotion. A circular informed the staff that a promotion board would advise the President on promotions. The Tribunal holds that "the promotion board was bound to apply the criteria laid down in the circular and had no discretion to discard any of them".
Keywords:
criteria; organisation's duties; promotion; promotion board;
Judgment 1158
72nd Session, 1992
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6, 8 and 9
Extract:
"The material issue is [...] whether the organization might, in mid-competition and while assessing the candidates, alter the requirements it had itself already declared for the post. [...] If it decides to hold a competition, "it must abide by the conditions it has itself set for the competition: patere legem quam ipse fecisti. [...] The application of that principle means that the conditions of entry for a competition may not properly be altered once the process of selection is under way. But "UNIDO failed to abide by its own requirements. [...] An essential condition for the competition was waived during [the] evaluation, and such waiver impaired the fairness and lawfulness of the process of selection. For that reason alone, the impugned decision must [...] be set aside".
Keywords:
competition; condition; criteria; due process; general principle; organisation's duties; patere legem; procedure before the tribunal;
Consideration 5
Extract:
"The Tribunal is required to determine whether in considering all the case records before it, the organization has properly identified the qualified candidates. In doing so the Tribunal will make sure that the criteria which are to be applied have not been put to improper use. And there would be such improper use if, for example, the [...] principle of equality were treated as a privilege."
Keywords:
candidate; competition; criteria; equal treatment; open competition; organisation's duties;
Judgment 1137
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant did not get promotion at the time he believed he was entitled to. Inasmuch as the organisation promoted other candidates with less seniority than he had, he submits that it discriminated against him. "The plea of discrimination fails. It overlooks the fact that seniority merely qualifies [a candidate] for promotion and confers no right. [...] In choosing between candidates, the Promotion Board and the President are free to take into account [...] any other criteria they think appropriate."
Keywords:
criteria; equal treatment; promotion; seniority;
Judgment 1125
71st Session, 1991
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"When [a] text is clear there is no call for any interpretation or, in particular, to take account of the draughtsman's purpose. Only where two provisions of the same text or two parallel texts are at variance will any attempt be made to reconcile them."
Keywords:
criteria; interpretation of rules; purpose;
Judgment 1123
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Article 65, which merely cites examples of circumstances warranting adjustment in pay, is not exhaustive. There may be adjustment for other reasons, whether they be peculiar to the organisation or attributable to outside factors." In the instant case the reasons Eurocontrol gave come within the ambit of the provision.
Reference(s)
Organization rules reference: ARTICLE 65 OF THE EUROCONTROL STAFF REGULATIONS
Keywords:
adjustment; analogy; criteria; enforcement; grounds; provision; salary; staff regulations and rules;
Judgment 1113
71st Session, 1991
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant failed to have her post upgraded. Her plea of disregard of relevant facts fails. "The essential point is that, though the complainant's duties might warrant an upgrading if she showed a higher degree of responsibility, initiative and judgment, it was proper to take the view that she did not, and therefore her post does not warrant the higher grade." The Tribunal holds that, despite the difference of opinion, there was evidence on which such a judgment could be based and will not substitute its own view on the matter for the organization's.
Keywords:
criteria; different appraisals; disregard of essential fact; grade; judicial review; post classification;
Judgment 1099
71st Session, 1991
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant claims the expatriation allowance provided under Article 72 of the EPO Service Regulations for officials who, at the time of their appointment, have not been continuously resident in their duty station for the preceding three years. As he does not meet that requirement, he wants the time he spent in the Federal Republic of Germany to be discounted and he relies on the German wording of the provision, which refers to the official's being "permanently established" rather than "resident" at the duty station as in the English and French versions. The English and French versions being quite explicit, the German version must be interpreted in a way that reconciles all three. (Vide Judgment 926.)
Reference(s)
Organization rules reference: ARTICLE 72 OF THE EPO SERVICE REGULATIONS
ILOAT Judgment(s): 926
Keywords:
condition; criteria; interpretation; language of rule; nationality; non-resident allowance; residence; staff regulations and rules;
Consideration 8
Extract:
"As the Tribunal observed in Judgment 926, the [expatriation] allowance is intended to meet the case of an official who has no affinity with the country of his duty station. Whether the condition of 'continuous residence' [in Article 72(1) of the Service Regulations] is met depends on the existence of objective and factual links with that country: the test is one of simple residence."
Reference(s)
Organization rules reference: ARTICLE 72(1) OF THE EPO SERVICE REGULATIONS
ILOAT Judgment(s): 926
Keywords:
condition; criteria; duty station; non-resident allowance; residence;
Judgment 1067
70th Session, 1991
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The grading of a post depends on evaluation of the work done and the degree of responsibility it involves. The evaluation must be done by those who by training and experience are able to apply the relevant technical criteria, and the Tribunal will interfere with a decision based thereon only where the organisation is shown to have applied wrong principles or drawn illogical conclusions."
Keywords:
criteria; discretion; judicial review; limits; post classification;
Judgment 1032
69th Session, 1990
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainant points out inconsistencies between the English, French and German texts of [Article 12(1) of the EPO Pension Scheme Regulations and Rule 12.1/1(i)(b) of the Implementing Rules]. The three language versions, being equally authentic, shall be deemed to bear the same meaning. Where there are inconsistencies the Tribunal will apply the construction which, having regard to the purpose of the provisions, best reconciles the various versions."
Reference(s)
Organization rules reference: ARTICLE 12(1) OF THE EPO PENSION SCHEME REGULATIONS; RULE 12.1/1(I)(B) OF THE IMPLEMENTING RULES
Keywords:
authentic version; criteria; difference; interpretation; language of rule; purpose; staff regulations and rules;
Judgment 1016
69th Session, 1990
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Under the guidelines [the President] has issued the promotion boards are free to apply other criteria such as age for the purpose of assessing fitness for promotion."
Keywords:
criteria; promotion; promotion board;
Judgment 977
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9(D)(V)
Extract:
"The Director-General ended the temporary appointment because he did not consider the complainant suitable for the post. [...] Nationality was an important criterion because the holder of the post must be able to travel to the [Occupied Arab] Territories without interference or difficulty. [...] The decision [...] was at the Director-General's discretion and the exercise of his discretion was proper."
Keywords:
assignment; criteria; discretion; nationality; qualifications;
Judgment 975
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"It is a principle of interpretation - expressio unius exclusio alterius - that express mention in a text of one or more things belonging to a category excludes by implication all other things in the category."
Keywords:
criteria; interpretation; staff regulations and rules;
Judgment 657
55th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The wording of the relevant guidelines "is such that they cannot be treated as a mere statement of policy: they set objective criteria for dealing with individual cases."
Keywords:
administrative instruction; appointment; binding character; criteria; general decision; grade; promotion; step;
Judgment 656
55th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The EPO may determine questions of seniority according to more or less formal criteria. Thus it may, for example, discount months altogether in reckoning different groups of staff. Accordingly, the practice of discounting months short of one year in reckoning the seniority of all who are lawyers is not in itself a breach of the principle of equality. The breach of the principle lies in treating examiners and translators more favourably than lawyers."
Keywords:
criteria; difference; equal treatment; professional experience; reckoning; seniority;
Judgment 608
52nd Session, 1984
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"It is the duty of the Tribunal to ascertain the intent of the regulation and, while the intent is to be found in the language used, it is not invariably to be found in a strict grammatical construction of the language used. The nature and purpose of the regulation must be considered; also its history and the manner in which it has been applied."
Keywords:
criteria; interpretation; provision; staff regulations and rules;
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