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Discontinuance (605,-666)

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Keywords: Discontinuance
Total judgments found: 26

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  • Judgment 3944


    125th Session, 2018
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss him following disciplinary proceedings.

    Consideration 6

    Extract:

    According to the case law established for example in Judgment 61, clarified in Judgment 832 and confirmed in Judgment 986, the amendment of a provision governing an official’s situation to her or his detriment without his or her consent constitutes a breach of an acquired right only when such an amendment adversely affects the balance of contractual obligations, or alters fundamental terms of employment in consideration of which the official accepted an appointment, or which subsequently induced her or him to stay on. In order to decide whether there may have been a breach of an acquired right, it is therefore necessary to determine whether the altered terms of employment are fundamental and essential within the meaning of Judgment 832 (see, for example, Judgment 3571, under 7). In this case, the Tribunal considers that the abolition of the Joint Advisory Committee does not affect a fundamental and essential term of employment. Moreover, it cannot generally be accepted that the rules on disciplinary action are an integral part of the fundamental and essential terms of employment which induce a person to apply for a post or to remain in the international civil service.

    Reference(s)

    ILOAT Judgment(s): 832, 986, 3571

    Keywords:

    acquired right; advisory body; disciplinary procedure; discontinuance;



  • Judgment 2992


    110th Session, 2011
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The CDE requests that certain documents be removed from the file on the grounds that they are confidential and that the complainant obtained them unlawfully.
    "The Tribunal will not accede to the request for the removal of items of evidence, since the Centre has not proved that this request is justified by the protection of interests more worthy of protection that the complainant's interest in defending herself (see Judgment 2700, under 7)."

    Reference(s)

    ILOAT Judgment(s): 2700

    Keywords:

    claim; confidential evidence; discontinuance; flaw; lack of evidence; organisation; organisation's interest; refusal; staff member's interest;



  • Judgment 2962


    110th Session, 2011
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The Organization asks the Tribunal to 'delete' certain passages from the complaint, as in its view they have no bearing on this dispute. The Tribunal will not grant this request, because complainants are free to present any argument that they consider relevant to their case, provided that they do not use terms or a tone overstepping the bounds of what is permissible in judicial proceedings."

    Keywords:

    claim; complaint; condition; discontinuance; limits; organisation; refusal;



  • Judgment 2742


    105th Session, 2008
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 37

    Extract:

    "There is no inevitable inconsistency between 'strengthening' a service and restructuring it. However, there is an inconsistency when restructuring involves the abolition of what is intended to be strengthened."

    Keywords:

    consequence; discontinuance; reorganisation;



  • Judgment 2537


    101st Session, 2006
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    One of the two members of the Medical Committee convened to examine the complainant's work capacity attached a handwritten statement to the report that an occupational origin of the invalidity could not be excluded. The Tribunal rules that "it was certainly not appropriate for members of the Office's Administration - faced with a clearly contradictory medical report - to approach the second expert in order to persuade him to withdraw his diverging opinion."

    Keywords:

    discontinuance; independence; invalidity; medical board; medical opinion; service-incurred;



  • Judgment 2230


    95th Session, 2003
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    The complainant claims that a payment made to him by mistake should not have been recovered from him three years later. "While it is a general principle of law that lapse of time may extinguish an obligation, the complainant has not cited any provision relative to recovery of overpayments [...] establishing a prescriptive period beyond which the undue payments may no longer be recovered."

    Keywords:

    definition; discontinuance; general principle; payment; period; provision; recovery of overpayment; request by a party; right;



  • Judgment 2229


    95th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3(A)

    Extract:

    "A transfer of a non-disciplinary nature is subject to the general principles governing all decisions affecting an official's status. It must show due regard, in both form and substance, for the dignity of the official concerned, particularly by providing him with work of the same level as that which he performed in his previous post and matching his qualifications (see, for example, Judgments 1496, 1556, 1972 [...]). The transfer may be motivated by the need to eliminate tensions compromising the functioning of a department (see, for example, Judgments 132, 1018 and 1972)."

    Reference(s)

    ILOAT Judgment(s): 132, 1018, 1496, 1556, 1972

    Keywords:

    assignment; case law; decision; discontinuance; effect; formal requirements; general principle; grade; grounds; official; organisation's duties; organisation's interest; post; post held by the complainant; respect for dignity; status of complainant; transfer; working relations;



  • Judgment 2090


    92nd Session, 2002
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6-7

    Extract:

    Because of restructuring the complainant's post was abolished and his appointment was terminated. "There is obviously nothing unlawful about restructuring per se and it will always mean regrouping duties and sacrificing posts. But in carrying out such an exercise, an organisation has a duty to observe the rights and safeguards of its staff [...] The [organisation]'s first duty in addressing the consequences of [the complainant's] redundancy was to offer him a transfer to another suitable post. Only if that proved impossible should it [pay him the indemnity payable in the event of redundancy]. But there is no evidence that the [organisation] did its utmost to find him a post which matched his skills and level of responsibility."

    Keywords:

    abolition of post; contract; discontinuance; post held by the complainant; reorganisation;



  • Judgment 2089


    92nd Session, 2002
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "To accept that pensions must always be adjusted to keep in line with post-retirement salary increases would be to expose pension funds to an uncertain and unmeasurable future liability which might well in the end wipe out the funds themselves."

    Keywords:

    acceptance; adjustment; discontinuance; increase; pension; pension adjustment system; retirement; salary; separation from service; special hazard; subsequent fact; unjspf;



  • Judgment 1982


    89th Session, 2000
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5(A)

    Extract:

    "Precedent has it that, in the interests of the organisation, a chief executive may interrupt a competition, even in order to change the requirements of the post (see Judgment 1771, [...] under 4(e), and the judgments cited therein). He may even decide not to proceed to any appointment or promotion if he concludes that none of the candidates meets the specified requirements (see Judgment 1771, under4(c))."

    Reference(s)

    ILOAT Judgment(s): 1771

    Keywords:

    appointment; candidate; case law; competition; competition cancelled; discontinuance; organisation's interest;



  • Judgment 1334


    76th Session, 1994
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    "The purpose of the case law [on acquired rights] is to safeguard the substance of the staff's pay and pensions in the event of amendments to the material rules. The supplementary benefits were intended to afford compensation for constraints that at the time were not part of the complainant's ordinary duties." There was no breach of acquired rights.

    Keywords:

    acquired right; amendment to the rules; base salary; case law; compensatory allowance; discontinuance; pension; staff regulations and rules;



  • Judgment 1239


    74th Session, 1993
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    WIPO has repealed former Staff Regulation 3.1, which ensured that officials, in case of fluctuation in the exchange rate between the United States dollar and the Swiss franc, would get paid a "differential" to compensate for loss in the value of the dollar. "On the whole the arrangements under the common system afford a reasonable degree of compensation for the risks inherent in fluctuations in the dollar exchange rate. There is therefore no breach of the staff's acquired rights in the organization's decision, following adoption of the general assembly's resolutions and so as to conform with the rules of the common system, to cancel a particular benefit it had earlier granted to its staff. As is held in Judgment 1241 of this day [...], a benefit granted at a particular point in time to a staff member or a group of staff members may not indefinitely preclude reforms that are in the general interest."

    Reference(s)

    Organization rules reference: FORMER WIPO STAFF REGULATION 3.1
    ILOAT Judgment(s): 1241

    Keywords:

    acquired right; case law; coordinated organisations; discontinuance; exchange rate; general assembly resolution; rule of another organisation; safeguard; salary; staff regulations and rules; tribunal;



  • Judgment 1125


    71st Session, 1991
    Intergovernmental Organisation for International Carriage by Rail
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Where the Rule [viz. Article 25 of the 1956 Staff Rules] is silent the competent authority - here the Administrative Committee - does have discretion to set the amount of the contribution to be paid from the date of retirement. But its decision will not be immune to review by the Tribunal, which will interfere if it finds some mistake of fact or of law [etc.]". The decision to do away with the material benefit is in breach of Article 25 and cannot stand.

    Reference(s)

    Organization rules reference: ARTICLE 25 OF THE 1956 STAFF RULES

    Keywords:

    amount; breach; contributions; discontinuance; discretion; judicial review; no provision; organisation; provision; staff regulations and rules;



  • Judgment 911


    64th Session, 1988
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "In denying the association its customary privilege of having a text printed and issued, the organization infringed its rights as representative and defender of the staff's interests. The impugned decision cannot stand."

    Keywords:

    discontinuance; facilities; freedom of association; publication; staff union;



  • Judgment 897


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Following a promotion, the complainant was no longer entitled to a language allowance. In its place she was awarded a compensatory payment after an eighteen month delay. She regards the language allowance as part of her salary and seeks the grant of a further step. As in Judgment 737 the Tribunal dismisses her claims but awards her costs because of the delay in payment of compensation to which she was entitled.

    Reference(s)

    ILOAT Judgment(s): 737

    Keywords:

    administrative delay; compensatory allowance; compensatory measure; consequence; costs; discontinuance; language allowance; payment; promotion; reduction of salary; salary;



  • Judgment 737


    58th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The EPO Service Regulations provide for the grant of a language allowance to employees in grades B.1 and B.2. 'Promotion compensation' may be applied to officials in grade B.3 to ensure that they do not suffer a loss of total net remuneration.

    Keywords:

    compensatory allowance; compensatory measure; discontinuance; language allowance; promotion; reduction of salary; salary;



  • Judgment 666


    56th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainants seek payment of the education allowance to which they were entitled at the IPI. The Tribunal holds that on the basis of the transfer agreement between the IPI and the EPO the latter is not under obligation to pay the education allowance insofar as the organisation offsets the education costs borne by its officials. The Tribunal exempts the case where actual costs are not offset.

    Keywords:

    allowance; compensatory measure; consequence; discontinuance; education expenses; merger; refund;

    Consideration 5

    Extract:

    "As the Tribunal has consistently held, an allowance may form an essential part of the official's contract in that he considered it to be of decisive importance when he accepted employment, and its abolition would therefore constitute breach of an acquired right; but he has no acquired right to the actual amount of the allowance or to continuance of any particular method of reckoning it. Indeed he must expect these to change as circumstances change."

    Keywords:

    acquired right; allowance; amendment to the rules; amount; case law; discontinuance; education expenses; reckoning;



  • Judgment 496


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The Tribunal recognises the Director's right to alter the scope of the facilities extended to the staff association. However it reserves the right to set aside any modifications which have not been properly justified. It considers as unjustified the imposition on the staff association of the requirement that communications to be despatched through the organization's facilities should first be submitted to the administration. Furthermore, it considers as a violation of the right to freedom of association the cut in the organization's contribution to the expenses of the association.

    Keywords:

    amendment to the rules; discontinuance; discretion; facilities; freedom of association; grounds; judicial review; staff union;



  • Judgment 466


    47th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The complainant is mistaken in objecting to the replacement of the appraisal report - none being possible in the circumstances - with a minute which was not to his detriment, which was intended to protect his interests and which indeed did so." The Director-General had noted in the minute that appraisal was not possible and he emphasised aspects in the complainant's favour; the complainant may not require the Regional Director, who was his chief only in name, to appraise his work when he never did any.

    Keywords:

    discontinuance; performance report; staff member's interest;



  • Judgment 441


    45th Session, 1980
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The International Patent Institute was integrated into the European Patent Organisation. The applicable provisions do not provide for the reimbursement of travel expenses. The abolition of the allowance, which was paid the complainant in the past and which was a considerable advantage for him, may have prompted him to accept his appointment. This suggests the breach of an acquired right. The complainant is entitled to the reimbursement of the cost of travel on home leave for himself and his family.

    Keywords:

    acquired right; allowance; amendment to the rules; discontinuance; home leave; merger; provision; refund; staff regulations and rules; terms of appointment; travel expenses;

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Last updated: 23.09.2021 ^ top