Definition (601,-666)
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Keywords: Definition
Total judgments found: 156
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Judgment 264
35th Session, 1975
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Under the applicable provision "an official's spouse is included among those who may be regarded as a staff member's dependant and as such is covered by sickness insurance. Such an interpretation of [the provision] reflects the actual situation of the spouses, who owe each other a duty of mutual assistance and who, when both are in gainful employment, may be regarded as mutually dependent."
Keywords:
definition; dependant; health insurance; illness; insurance;
Judgment 256
34th Session, 1975
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The material provision "provides for the establishment for each official of a personal file which shall be confidential. The confidential character of the file does not, however, apply to information which, though it may be deduced from the personal file, may be as readily obtained from other sources such as publications of the organisation or public records." In the present case the information given, even if it might also have been found in the complainant's personal file, was not confidential within the meaning of the provision in question.
Keywords:
confidential evidence; criteria; definition; personal file; publication;
Consideration 1
Extract:
The contested act [the issue of an attestation to a third party] is a decision in the true sense of the term. "[T]here is no need for the impugned decision itself to pronounce on the validity of an earlier decision. Otherwise an appeals body could never be called upon to determine the lawfulness of any act other than a decision, and that would run counter to commonly held opinion. It is therefore immaterial in the present case whether or not the issue of an attestation may be regarded as a decision."
Keywords:
communication to third party; criteria; decision; definition; receivability of the complaint;
Judgment 235
32nd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is recognised in all legal systems that for a cause to qualify as such for the purposes of the law there must be a link or links of some strength between the cause and the event. This is sometimes expressed by saying that the cause must be approximate or direct or not too remote. Whatever the language used, the test is one which is generally understood; its application is a matter of appreciation and experience and there is usually [little] room for elaborate reasoning."
Keywords:
cause; criteria; definition;
Judgment 219
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Under the former as well as the present material rules, "a child is the dependant of the person who actually maintains him. In the case at issue the word 'actually', which means 'really', as opposed to 'theoretically', 'apparently' or 'illusorily', is not in question. The parties do not agree, however, as to the interpretation of the word 'maintain'."
Keywords:
definition; dependent child;
Judgment 216
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Vide Judgment 219, consideration 2.
Reference(s)
ILOAT Judgment(s): 219
Keywords:
definition; dependent child;
Judgment 209
30th Session, 1973
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[O]nly if the [organisation] had upset the whole structure of the complainant's contract or derogated from the basic conditions which might have affected his decision to accept appointment could its action have given rise to the award of compensation."
Keywords:
acquired right; amendment to the rules; definition; terms of appointment;
Judgment 177
26th Session, 1971
United International Bureaux for the Protection of Intellectual Property
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The term 'national income taxes' [...] should be interpreted according to the law of the country in which the taxes whose reimbursement is claimed are levied. It will not therefore necessarily have the same meaning in respect of taxes levied in unitary and in federal States." In the present case, the interpretation should be based on the usual terminology of Swiss tax law: national taxes in Switzerland include cantonal and local taxes as well as federal taxes. The cantonal and local taxes paid by complainants in the Canton of Bern where their families continue to reside must be regarded as 'national income taxes' and in principle be reimbursed.
Keywords:
definition; domestic law; enforcement; refund; tax;
Judgment 148
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Total incapacity for work must be taken to mean the inability of a staff member to perform duties corresponding to his training and qualifications."
Keywords:
definition; incapacity;
Judgment 122
20th Session, 1968
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance
Extract:
In determining whether to appoint an employee to a permanent post, the relevant body must take into account, inter alia, both the employee's professional qualifications and "his suitability as an international official from the standpoint of morality, integrity and character."
Keywords:
condition; definition; elements; fitness for international civil service; qualifications; titularization;
Judgment 112
18th Session, 1967
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Even if the complainant's illness had arisen from his employment, it "would still not be due to complainant's working conditions, i.e. a state of affairs for which the organization was responsible. On the contrary, it would be the result of measures taken in respect of complainant as a consequence of his own work which the Director-General was justified in considering unsatisfactory. In other words, it would be attributable to the failings of the complainant himself, and he alone would therefore have to bear the consequences of the damage to his health."
Keywords:
cause; condition; definition; illness; service-incurred; termination of employment;
Judgment 71
12th Session, 1964
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Paragraph 6 of Article II of the Statute of the Tribunal reserves access to the Tribunal to officials of the organisations defined in paragraph 5 of the same article [...] to any person on whom an official's rights have devolved on his death; and to any other person who can show that he is entitled to some right under the terms of appointment of a deceased official or under provisions of the Staff Regulations on which the official could rely."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPHS 5 AND 6, OF THE STATUTE
Keywords:
definition; iloat statute; locus standi;
Judgment 68
12th Session, 1964
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 71, consideration 5.
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPHS 5 AND 6, OF THE STATUTE
ILOAT Judgment(s): 71
Keywords:
definition; iloat statute; locus standi;
Judgment 51
8th Session, 1960
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"This is an additional remuneration the object of which is to compensate for the disadvantages arising out of expatriation, in order to permit the recruitment and retention of staff who, by virtue of the qualifications required cannot be recruited locally. Remuneration under this head is subject to variation and is not of a personal nature".
Keywords:
definition; non-resident allowance; purpose;
Judgment 29
6th Session, 1957
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"In fact, the term 'acquired rights' has no other import than that, up to the date of amending the Regulations in force, there shall be no interference with the application of the said Regulations to an official and that the amended Regulations shall have no retrospective effect."
Keywords:
acquired right; amendment to the rules; definition; enforcement; non-retroactivity; provision; staff regulations and rules;
Judgment 26
6th Session, 1957
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The accident occurred in the course of employment and must consequently be deemed to have arisen out of employment [and] reasonable compensation must therefore be paid to the complainant".
Keywords:
compensation; consequence; definition; presumption; professional accident; right; service-incurred;
Judgment 11
3rd Session, 1953
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"From the standpoint of equity there is no ground for distinguishing between officials [...] properly so-called and persons in the category to which the complainant belongs [...] persons in the latter category have all the fundamental characteristics of officials, namely, the continuous devotion of their activities to the agency which employs them; the fact that they are under the authority of the Director-General; the fact that their conditions of service are determined by way of regulation, unilaterally and not contractually; the fact that they have access to the sickness insurance and pension funds; etc."
Keywords:
competence of tribunal; definition; locus standi; official; status of complainant;
Consideration 5
Extract:
"The Staff Regulations in their present form describe persons in the category concerned as officials, only in order to make it clear that they shall be subject to special conditions of service to be provided for them; but that, in the absence of such specific conditions being provided, they cannot be left without any right of appeal."
Keywords:
competence of tribunal; definition; locus standi; official; right of appeal; status of complainant;
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