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Definition (601,-666)

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Keywords: Definition
Total judgments found: 155

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  • Judgment 3861


    124th Session, 2017
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the refusal to grant her flexible working arrangements during the breastfeeding period.

    Consideration 5

    Extract:

    The Tribunal points out that the term “decision” means an act by an officer of an organisation which has a legal effect (see, for example, Judgments 532, under 3, and 3141, under 21). Having examined the two aforementioned emails, one containing a suggestion to the complainant and the other informing her of guidelines applicable within the ICC, it is obvious that they do not constitute administrative decisions. Moreover, in Judgment 2644, under 8, the Tribunal explained that “[t]here are occasions when a staff member may treat a communication or other action [...] as embodying a decision with respect to his or her entitlements (see Judgment 2629 [...]).However, where, [...] there is no indication that the communication in question constitutes a final decision, there are and may be circumstances that lead a staff member to reasonably conclude that it does not. Particularly is that so if, [...] it concerns a matter that has not been the subject of an express claim or there is nothing to suggest that the matter in question has been considered by a person with authority to make a final decision thereon.”

    Reference(s)

    ILOAT Judgment(s): 532, 2629, 2644, 3141

    Keywords:

    administrative decision; decision; definition; receivability of the complaint; review of administrative decision;



  • Judgment 3749


    123rd Session, 2017
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks reimbursement of additional income tax paid by her husband.

    Consideration 5

    Extract:

    [A]ccording to the Tribunal’s case law, an administrative decision may take any form if its existence may be inferred from a factual context demonstrating that it was indeed taken by an officer of the organisation, as is the case here (see, in particular Judgments 2573, under 8, 2629, under 6, and 3141, under 21).

    Reference(s)

    ILOAT Judgment(s): 2573, 2629, 3141

    Keywords:

    administrative decision; decision; definition; receivability of the complaint;



  • Judgment 3348


    118th Session, 2014
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the decision to summarily dismiss him for misconduct (fraud).

    Consideration 7

    Extract:

    "In his rejoinder, the complainant addresses the question of what is meant by fraud. He contends that the standard definition of fraud is: wrongful or criminal deception intended to result in financial or personal gain; or a person or thing intended to deceive others, typically by unjustifiably claiming or being credited with accomplishments or qualities. WMO takes issue with this definition and refers to a definition of fraud from the Black’s Law Dictionary: “A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment. Fraud is usually a tort but in some cases (especially where the conduct is wilful) it may be a crime.” In Judgment 1828, considerations 10-12, which has been cited in Judgments 1925, consideration 6, and 2038, consideration 16, fraud is treated as deception intended to result in financial gain. What is important, for present purposes, is that the charges themselves link the complainant’s conduct of manipulating the records with him obtaining a financial benefit. This involves an allegation of fraud involving deception to secure financial gain and in the remainder of these reasons, the word fraud is used with this meaning."

    Reference(s)

    ILOAT Judgment(s): 1828, 1925, 2038

    Keywords:

    definition; fraud;



  • Judgment 3290


    116th Session, 2014
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: Following the abolition of the complainant's post for lack of financial resources, the reassignment process was organized but was ultimately unsuccessful in finding the complainant another post.

    Consideration 14

    Extract:

    "As to the adequacy of the notification to the complainant of the decision to abolish his post in Judgment 3041, under 8, the Tribunal held that an organisation must give proper notice of the decision, reasons for the decision and an opportunity to contest the decision. While it is true that the letter did not expressly state that the decision was a final decision, it clearly communicated that a final decision had been taken to abolish the complainant’s post with immediate effect. The fact that the complainant remained in the post during the reassignment process is a matter of the implementation of the decision and does not detract from the finality of the
    decision."

    Reference(s)

    ILOAT Judgment(s): 3041

    Keywords:

    abolition of post; decision; definition; post held by the complainant; reassignment;



  • Judgment 3233


    115th Session, 2013
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contends that she was the victim of discrimination and harassment.

    Consideration 6

    Extract:

    "An unlawful decision or unsatisfactory conduct is not sufficient in itself to constitute harassment (see Judgment 2861, under 37). The question as to whether or not harassment has occurred must be determined in the light of a careful examination of all the objective circumstances surrounding the events complained of (see Judgment 2553, under 6). There is no need to prove that the perpetrator of the acts in question intended to engage in harassment (see Judgment 2524, under 25), and the Tribunal’s case law has always required that an allegation of harassment must be borne out by specific acts, the burden of proof being on the person who pleads it, it being understood that an accumulation of events over time may be cited in support of such an allegation (see Judgment 2100, under 13)."

    Reference(s)

    ILOAT Judgment(s): 2100, 2524, 2553, 2861

    Keywords:

    burden of proof; conduct; definition; flaw; harassment; official;



  • Judgment 3203


    115th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complaint is directed at the Secretary-General’s decision to refuse to recognise same-sex marriages.

    Consideration 8

    Extract:

    "It is true that the case law of the Tribunal on the question of benefits for same-sex partners has developed in the last decade. This is illustrated by Judgment 2860. Indeed, there are opinions of individual judges concluding that staff rules denying access to dependency benefits to same-sex partners are unenforceable because they violate fundamental principles of law (see, for example, the dissenting opinion of Justice Hugessen in Judgment 2193)."

    Reference(s)

    ILOAT Judgment(s): 2193, 2860

    Keywords:

    case law; definition; dependant; difference; enforcement; family allowance; interpretation; marital status; provision; same-sex marriage; social benefits; staff regulations and rules;



  • Judgment 3166


    114th Session, 2013
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant alleges that he suffered harassment, mobbing and defamation on the part of his supervisors.

    Consideration 17

    Extract:

    "[T]he JAC appears to have retreated from making the ultimate finding of harassment because the complainant’s own attitude “can be construed as ‘a reasonable explanation for the conduct in question’”. The unexpressed assumption in this conclusion is that it is a legitimate response from a senior manager for the latter to intimidate a staff member who challenges, perhaps even inappropriately, his decisions. [...] It cannot be that intimidation by a senior manager is a reasonable response to a subordinate (including a senior subordinate), even if the latter exceeds his or her role by challenging decisions of the manager. In this respect, the JAC erred in its consideration of the complainant’s grievances. There can, of course, be situations where a subordinate’s refusal to accept the authority of his supervisor provides a complete explanation for the conduct of the supervisor. An example is found in the Tribunal’s Judgment 2468. However, in this case the JAC’s findings [relate to] conduct that cannot be explained away on this basis."

    Reference(s)

    ILOAT Judgment(s): 2468

    Keywords:

    advisory body; advisory opinion; conduct; decision; definition; flaw; harassment; insubordination; supervisor; working relations;



  • Judgment 3126


    113th Session, 2012
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "The rule against double jeopardy does not prevent disciplinary and non-disciplinary consequences attaching to the same acts or events. However, it does preclude the imposition of further disciplinary measures for acts or omissions that have already attracted a disciplinary sanction."

    Keywords:

    cause; consequence; definition; disciplinary measure; double jeopardy; individual decision; organisation's duties;



  • Judgment 3106


    113th Session, 2012
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The second aspect of freedom of association that is relevant to the present case is that it necessarily involves freedom of discussion and debate. It was pointed out in Judgment 274, under 22, that “this freedom, when feelings run strong [...] can spill over into extravagant and even regrettable language”. This notwithstanding, the Tribunal has acknowledged that the freedom of discussion and debate is not absolute and that there may be cases in which an organisation can intervene if, for example, there is “gross abuse of the right to freedom of expression or lack of protection of the individual interests of persons affected by remarks that are ill-intentioned, defamatory or which concern their private lives” (see Judgment 2227, under 7). Within this context, it is convenient to consider the allegedly defamatory nature of the e-mail in question.

    Reference(s)

    ILOAT Judgment(s): 274, 2227

    Keywords:

    defamation; definition; freedom of association;



  • Judgment 3089


    112th Session, 2012
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "An implied decision occurs only when a person who has submitted a claim is entitled to treat delay, inactivity or some other failure as constituting a decision to reject his or her claim and elects to do so."

    Keywords:

    definition; failure to answer claim; implied decision;



  • Judgment 3083


    112th Session, 2012
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "Even in the absence of fraud or other dishonesty, systematic action taken for the purpose of circumventing the Financial Rules by a person whose function it is to authorise the expenditure of the funds of an international organisation constitutes serious misconduct."

    Keywords:

    definition; misconduct; serious misconduct;



  • Judgment 3080


    112th Session, 2012
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "[T]he case law of the Tribunal establishes that when the term "spouse" is used in an organisation's staff rules or regulations without being otherwise defined therein, it is not limited to individuals within a marriage but may also cover persons in other forms of union (see in particular Judgments 2760, under 4, and 2860, under 9). Thus, in several recent judgments concerning cases where the applicable provisions were couched in similar language, the Tribunal held that the organisations concerned had to recognise same-sex marriages (see Judgment 2590 or Judgment 2760 [...]) or unions in the form of registered partnerships when the relevant national law made it possible to consider persons in such unions as "spouses" (see Judgments 2549 and 2550, and Judgment 2860 [...])."

    Reference(s)

    ILOAT Judgment(s): 2549, 2550, 2590, 2760, 2860

    Keywords:

    applicable law; definition; domestic law; marital status; no provision; same-sex marriage; staff regulations and rules;



  • Judgment 3071


    112th Session, 2012
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "When a provision [...] provides for the different treatment of different classes of persons, the question whether the provision is discriminatory depends on two issues. The first is whether the specified differences in respect of which different treatment is allowed are differences that justify different treatment; if so, the second issue is whether the different treatment is appropriate and adapted to those differences (see Judgment 2915, under 7)."

    Reference(s)

    ILOAT Judgment(s): 2915

    Keywords:

    definition; difference; equal treatment;



  • Judgment 3043


    111th Session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "[A]d personam promotion constitutes advancement on merit to reward an employee for services of a quality higher than that ordinarily expected of the holder of the post. In the absence of any provision to the contrary, it is an optional and exceptional discretionary measure which is subject to only limited review by the Tribunal (see Judgments 1500, under 4, and 1973, under 5). This kind of promotion should certainly not be granted as redress for an alleged injury, as the complainant requests. The advancement of an official naturally obeys its own logic related to the classification of the job done and the professional merit of the person in question, which has nothing to do with the logic behind compensation for injuries which may have been caused to this person by the international organisation employing him or her (see Judgment 2706, under 8)."

    Reference(s)

    ILOAT Judgment(s): 1500, 1973, 2706

    Keywords:

    claim; compensation; compensatory measure; definition; discretion; exception; injury; judicial review; limits; no provision; organisation; personal promotion; post; post classification; purpose; refusal; request by a party; satisfactory service; work appraisal;



  • Judgment 3018


    111th Session, 2011
    Intergovernmental Organisation for International Carriage by Rail
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "[A repatriation] grant [...] is intended to assist internationally recruited staff members in the efforts required of them if they decide, at the end of their employment, to return to their country of origin with the intention of establishing themselves there."

    Keywords:

    decision; definition; non-local status; official; place of origin; purpose; repatriation allowance; separation from service;



  • Judgment 3002


    111th Session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "[The principle of] res judicata [applies] only [to] judicial rulings, and not [to] administrative decisions."

    Keywords:

    decision; definition; enforcement; judgment of the tribunal; limits; res judicata;



  • Judgment 2979


    110th Session, 2011
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Non-prolongation of service beyond the statutory retirement age.
    "The principle of non-discrimination requires the adoption and implementation of impartial, reasonable and objective rules which provide the same juridical treatment for similar cases. What it forbids is any arbitrary and/or unjustified distinction between individuals or groups in similar or identical positions, not the differentiated or gradated treatment of situations which are intrinsically and objectively different."

    Keywords:

    definition; difference; equal treatment; general principle;



  • Judgment 2976


    110th Session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "[I]n Judgment 2533 the Tribunal observed that compensation for injury properly included 'past and future adaptations to the complainant's house and car' and that those expenses were 'on no different footing than other necessary expenses incurred as a consequence of [...] service related injury'."

    Reference(s)

    ILOAT Judgment(s): 2533

    Keywords:

    compensation; definition; disability benefit; health insurance; injury; insurance; medical expenses; service-incurred;



  • Judgment 2925


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

    Consideration 3

    Extract:

    "Although the purpose of the expatriation allowance has variously been described as that of "grant[ing] an allowance to [an] official who has no affinity with the country of his duty station" (Judgment 1150, under 6), to 'take account of certain disadvantages arising from being a foreigner newly installed in a country" (Judgment 1864, under 6), and to "compensate for certain disadvantages suffered by officials who are obliged to leave their country of origin and settle abroad' (Judgment 2864, under 3(a)), it is, perhaps, more appropriate to identify its purpose in terms of persons who have left their permanent home in one country to take up employment in another."

    Reference(s)

    ILOAT Judgment(s): 1150, 1864, 2864

    Keywords:

    allowance; compensatory allowance; definition; duty station; home; residence;



  • Judgment 2892


    108th Session, 2010
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6-8

    Extract:

    "The ITU argues that the [...] complaint with respect to the complainant's dismissal is [...] irreceivable on the basis that, as he has not pursued his internal appeal following his request [...] for a final review of the decision to dismiss him [...]. [T]he question remains whether the Staff Regulations and Staff Rules permit an internal appeal once a person has ceased to be a staff member. If they do not, the steps taken by the complainant to initiate an internal appeal were ineffective. More to the point, there were no internal remedies that he could pursue before lodging his complaint."
    "Chapter XI of the ITU Staff Regulations and Staff Rules makes provision for appeals by staff members. [...] There is nothing in Chapter XI of the Staff Regulations and Staff Rules to indicate that a former staff member may lodge an appeal as therein provided. [...] In these circumstances, the term "staff member" in Chapter XI is to be construed as restricted to a serving staff member."
    "In Judgment 2840, also a case where the relevant regulations and rules relating to internal appeals referred only to a "staff member" and not a "former staff member", it was held that "where a decision has not been communicated until after a staff member has separated from service, the former staff member does not have recourse to the internal appeal process". The same is true of a staff member who has either been summarily dismissed or dismissed with such short notice that it is impracticable to commence internal appeal proceedings before the dismissal takes effect."

    Reference(s)

    ILOAT Judgment(s): 2582, 2840

    Keywords:

    definition; direct appeal to tribunal; internal remedies exhausted; official; receivability of the complaint; staff regulations and rules; status of complainant; vexatious complaint;

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Last updated: 23.09.2021 ^ top