Definition (601,-666)
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Keywords: Definition
Total judgments found: 156
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Judgment 462
46th Session, 1981
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"According to the Tribunal's present case law, an acquired right is a right the grant of which was of decisive importance to the staff member when he accepted an appointment with the organisation. [...] But the notion of acquired rights should be developed to take account of situations analogous to those which gave rise to the doctrine." Staff members should not be arbitrarily deprived of the right to an allowance provided for in the Rules.
Keywords:
acquired right; allowance; condition; definition; knowledge of languages;
Judgment 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2 and 8(B)
Extract:
Among inadmissible grounds for review is alleged mistaken appraisal of the facts, i.e. the interpretation which the Tribunal has put on the facts. Parties who are dissatisfied with a decision may not question it indefinitely in disregard of the principle of res judicata.
Reference(s)
ILOAT Judgment(s): 404
Keywords:
application for review; appraisal of facts; definition; inadmissible grounds for review; judgment of the tribunal; misinterpretation of the facts; res judicata;
Considerations 3 and 13
Extract:
The discovery of a new fact, "i.e. a fact which the complainant discovered too late to cite in the original proceedings" is admissible. Such a fact must not be one which, had the complainant taken due care, might have been cited in the original complaint.
Reference(s)
ILOAT Judgment(s): 404
Keywords:
admissible grounds for review; application for review; definition; new fact on which the party was unable to rely in the original proceedings;
Judgment 431
45th Session, 1980
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"There will be such misuse [of authority] when, though the decision is formally intra vires, authority is exercised for some improper purpose."
Keywords:
abuse of power; definition; misuse of authority;
Judgment 429
45th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"An organisation's rules do not confer any acquired right on staff members except where it was the rules that induced them to join the international civil service and the amendment of the rules will substantially alter conditions of service which they were entitled to expect would continue."
Keywords:
acquired right; definition; staff regulations and rules; terms of appointment;
Judgment 426
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
An acquired right is one of which an official cannot be deprived by unilateral amendment.
Keywords:
acquired right; definition;
Judgment 392
43rd Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Abandonment implies the physical failure to perform a contractual duty and the intention to abandon future performance. The applicable provision allows the intention to be assumed from the fact of absence without reasonable explanation for fifteen days. "The explanation has not got to be one that exonerates the staff member from breach of contract or from other disciplinary measures, but it has to be one which negatives the intention to abandon."
Keywords:
abandonment of post; definition; presumption; unauthorised absence;
Judgment 391
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"A right is acquired when he who has it may require that it be respected notwithstanding any amendments to the rules." Either of the following circumstances may give rise to an acquired right: a) "a right should be considered to be acquired when it is laid down in a provision of the Staff Regulations or Staff Rules and is of decisive importance to a candidate for appointment"; b) "a right will be acquired if it arises under an express provision of an official's contract of appointment and both parties intend that it should be inviolate."
Keywords:
acquired right; amendment to the rules; condition; contract; definition; provision; staff regulations and rules; terms of appointment;
Consideration 6
Extract:
"A right is acquired when he who has it may require that it be respected notwithstanding any amendments to the rules."
Keywords:
acquired right; definition;
Judgment 374
42nd Session, 1979
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is clear from the wording of [Judgment 306] that the 'one year's salary' to be paid in lieu of reinstatement is equivalent in the present instance to the salary which the complainant was receiving at the date when his appointment ended, i.e. the net salary which he was paid after deduction of tax at the source but including incidental allowances, and in particular post adjustment. There is no reason however to take account of any increment which he might have received had he remained on the staff."
Reference(s)
ILOAT Judgment(s): 306
Keywords:
allowance; amount; application for interpretation; definition; increment; material damages; net salary; post adjustment; salary;
Judgment 372
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"A right is acquired when he who has it may require that it be respected notwithstanding any amendment to the Rules. It may be either a right which is laid down in a provision of the Staff Regulations or Staff Rules and which is of decisive importance to a candidate for appointment, or a right which arises under an express or implied provision of an official's contract of appointment and which the parties intend should be inviolate."
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Judgment 371
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 372, consideration 4.
Reference(s)
ILOAT Judgment(s): 372
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Judgment 369
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Vide Judgment 372, consideration 4.
Reference(s)
ILOAT Judgment(s): 372
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Judgment 368
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Vide Judgment 372, consideration 4.
Reference(s)
ILOAT Judgment(s): 372
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Judgment 366
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"A right is acquired when he who has it may require that it be respected notwithstanding any amendment to the rules. In particular, it may be either a right which arises under an official's contract of appointment and which both parties intend should be inviolate, or a right which is laid down in a provision of the Staff Regulations or Staff Rules and which is of decisive importance to a candidate for appointment."
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Judgment 365
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Vide Judgment 366, consideration 6.
Reference(s)
ILOAT Judgment(s): 366
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Judgment 335
40th Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"What is generally meant by someone's place of origin is the place to which he belongs or at least where his family has been settled for one or more generations. At the least it may be the place where his family is living. The term would be strained beyond normal usage, however, if the place of origin of a married man were taken to be the place where his wife has relatives or property."
Keywords:
definition; place of origin;
Judgment 307
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
There can be a binding contract before a letter of appointment has been issued. "There is a binding contract if there is manifest on both sides an intention to contract and if all the essential terms have been settled and if all that remains to be done is a formality which requires no further agreement."
Keywords:
condition; contract; definition; evidence; intention of parties;
Judgment 294
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
According to the definition in the applicable provision, the increase from one step to the next higher step is given "on the basis of satisfactory service during a qualifying period [...]. This definition must be considered in the light of well-established practice [...]. In practice [...] the qualifying period is virtually a fixed period and an officer whose increment was withheld otherwise than on the grounds of unsatisfactory service would be recognised as having cause for complaint."
Keywords:
condition; definition; grounds; increment; increment withheld; satisfactory service;
Judgment 293
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"In the opinion of the Tribunal the expression 'acquired right' [...] relates to rights of substance, whose impairment would result in injury, financial or otherwise, to the staff member: it does not embrace matters of nomenclature." The complainant wanted her employment classified as 'permanent' rather than, as under the new nomenclature, 'continuing'.
Keywords:
acquired right; definition;
Judgment 274
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"[A]s a general rule a staff member gives no undertaking, express or implied, about how she will conduct herself in the business of the Staff Council or its organs. It would be contrary to the principle of freedom of association that she should. Freedom of association means that there must be freedom of discussion and of debate [...] There could be no true freedom of association if the disapproval of the Director-General [...] of what was said could lead to disciplinary measures."
Keywords:
competence; definition; elements; executive head; freedom of association; staff union;
Judgment 272
36th Session, 1976
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant invites the Tribunal to rule that she was "internationally recruited" and therefore subject to the benefits provided for by the applicable provisions. The term does not appear in any of the provisions cited; no definition of the term is to be found in the dossier. "The Tribunal takes it to mean that staff whose nationality and/or residence at the time of recruitment was not that of the country in which the duty station for which they were recruited is situated."
Keywords:
appointment; definition; duty station; nationality; no provision; non-local status; residence;
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