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Ignorance of the rules (831,-666)

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Keywords: Ignorance of the rules
Total judgments found: 16

  • Judgment 4247


    129th Session, 2020
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her dismissal from service for serious misconduct.

    Consideration 6

    Extract:

    Consistant case law has it that a staff member is presumed to be aware of the organization's rules and regulations to which she or he is subject (see, for example, Judgment 2962, consideration 13).

    Reference(s)

    ILOAT Judgment(s): 2962

    Keywords:

    duty to be informed; duty to know the rules; ignorance of the rules;



  • Judgment 4242


    129th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to consider her claim for compensation for illness attributable to the performance of official duties.

    Consideration 6

    Extract:

    The Tribunal has consistently held that staff members are expected to know their rights and that ignorance of the law is no excuse, and it has reiterated that a staff member is deemed to know the regulations and rules governing her or his appointment (see, for example, Judgment 4032, under 6).

    Reference(s)

    ILOAT Judgment(s): 4032

    Keywords:

    duty to be informed; duty to know the rules; ignorance of the rules;



  • Judgment 4196


    128th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reject as time-barred his application for an inward transfer into the EPO’s pension scheme of pension rights previously accrued under a German pension scheme.

    Consideration 4

    Extract:

    Consistent case law has it that “[t]he principle of good faith and the concomitant duty of care demand that international organisations treat their staff with due consideration in order to avoid causing them undue injury; an employer must consequently inform employees in advance of any action that may imperil their rights or harm their rightful interests” (see Judgment 2768, under 4, and the case law cited therein). It is clear that the Organisation fulfilled that duty in the present case. The Tribunal notes that its case law also holds that staff members have a duty to inform themselves; i.e. they are expected to know their rights and responsibilities or to ask for clarifications when there is any doubt (see, for example, Judgments 3878, under 12 and 17, and 4032, under 6).

    Reference(s)

    ILOAT Judgment(s): 2768, 3878, 4032

    Keywords:

    duty to be informed; duty to know the rules; ignorance of the rules;



  • Judgment 4166


    128th Session, 2019
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges Eurocontrol’s decision to recover various sums which it considers were unduly paid to him.

    Consideration 4

    Extract:

    [T]he Tribunal recalls that, according to its case law, “staff members are expected to know their rights: ignorance of the law is no excuse” (see Judgment 1700, consideration 28). The Tribunal thus held that “a staff member is deemed to know the regulations and rules governing her or his appointment” (see Judgment 3878, consideration 12).

    Reference(s)

    ILOAT Judgment(s): 1700, 3878

    Keywords:

    duty to be informed; duty to know the rules; ignorance of the rules;



  • Judgment 4101


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who alleges that he was subjected to moral harassment, challenges the refusal to extend his special leave without pay and to grant him certain accommodations with regard to his working arrangements.

    Consideration 3

    Extract:

    [S]taff members of international organizations have a duty to acquaint themselves with the rules and regulations which apply to them and cannot plead ignorance thereof (see Judgments 3135, consideration 14, and 3726, consideration 12).

    Reference(s)

    ILOAT Judgment(s): 3135, 3726

    Keywords:

    duty to be informed; duty to know the rules; ignorance of the rules;



  • Judgment 4032


    126th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to accept for consideration on the merits her compensation claim for service-incurred injury.

    Consideration 6

    Extract:

    The additional reason adduced by the complainant is that she was unaware of her right as a staff member to make such a claim. It is observed that the Tribunal has consistently held that “staff members are expected to know their rights: ignorance of the law is no excuse” (Judgment 1700, under 28) and has reiterated recently in Judgment 3878, under 12, that “a staff member is deemed to know the regulations and rules governing her or his appointment” (citations omitted). It follows that this additional reason is not a valid reason.

    Reference(s)

    ILOAT Judgment(s): 1700, 3878

    Keywords:

    duty to be informed; duty to know the rules; ignorance of the rules;



  • Judgment 3878


    124th Session, 2017
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision not to reimburse him for his FAO-derived income taxes, interest charges and penalties paid to the United States tax authorities.

    Consideration 12

    Extract:

    [A] staff member is deemed to know the regulations and rules governing her or his appointment (see, for example, Judgments 1700, consideration 28, 2960, consideration 7, 3135, consideration 14, and 3726, consideration 12).

    Reference(s)

    ILOAT Judgment(s): 1700, 2960, 3135, 3726

    Keywords:

    duty to be informed; duty to know the rules; ignorance of the rules;



  • Judgment 3726


    123rd Session, 2017
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss her claim for compensation on account of labour exploitation and compulsory labour.

    Consideration 12

    Extract:

    [A]s has been stated, in Judgment 3135, consideration 14, for example, staff members of international organizations have a duty to acquaint themselves with the rules and regulations which apply to them and cannot rely on lack of knowledge of them.

    Reference(s)

    ILOAT Judgment(s): 3135

    Keywords:

    duty to be informed; duty to know the rules; ignorance of the rules;



  • Judgment 3135


    113th Session, 2012
    Technical Centre for Agricultural and Rural Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    It is to no avail that the complainant attempts to argue, in this connection, that she was not fully informed of the internal appeal procedures available to her under the Staff Regulations. Quite apart from the fact that she was manifestly aware of the possibility of lodging a “complaint”, because she did so, consistent precedent has it that the staff members of international organisations are deemed to know the provisions of the staff regulations applying to them (see, for example, Judgment 1700, under 28).

    Reference(s)

    ILOAT Judgment(s): 1700

    Keywords:

    duty to be informed; duty to know the rules; ignorance of the rules;



  • Judgment 2996


    110th Session, 2011
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "While procedural rules and time limits usually apply to the officials of international organisations without it being necessary to recapitulate them when a decision is notified, this is not the case where a rule expressly establishes an obligation to provide this information when notifying a decision [...] and where this formality has not been respected. [...] [T]he principle of good faith requires that an official's complaint will not be deemed irreceivable owing to his or her failure to lodge an internal appeal, if the organisation itself has not abided by the requisite formalities enabling the official to submit an appeal."

    Keywords:

    duty to be informed; duty to know the rules; good faith; ignorance of the rules; internal remedies exhausted; patere legem; receivability of the complaint; written rule;



  • Judgment 2962


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

    Consideration 13

    Extract:

    "According to firm precedent, every international civil servant may be expected to know the rules and regulations to which he is subject."

    Keywords:

    duty to be informed; duty to know the rules; ignorance of the rules;



  • Judgment 2411


    98th Session, 2005
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "It is not acceptable that the Administration has attempted to upgrade its practice to the status of law when the law itself says nothing of the sort; nor can the practice of an organisation be invoked to deny its officials their written rights."

    Keywords:

    applicable law; complaint allowed; duty to be informed; duty to know the rules; ignorance of the rules; organisation's duties; practice; right; written rule;



  • Judgment 1851


    87th Session, 1999
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The organization rejected the complainant's application for a temporary job covering the duties he had performed until then under short-term contracts. The defendant contends that the decision was based on its practice which established an age limit. "It is a well-established principle that the existence of written law does not need to be proved: the presumption juris et de jure assumes cognisance of written law. However, non-written rules have to be proved by those who invoke them. In the material case, the Tribunal has not found the slightest proof of the alleged practice. It cannot decide on a rule whose existence has not been proven. The absence of proof as to the existence of the rule invoked by the union means that its decision has no legal basis."

    Keywords:

    burden of proof; complaint allowed; duty to be informed; duty to know the rules; ignorance of the rules; practice; presumption; written rule;



  • Judgment 1700


    84th Session, 1998
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 28

    Extract:

    "Staff members are expected to know their rights: ignorance of the law is no excuse." For failure to lodge a timely appeal.

    Keywords:

    duty to be informed; duty to know the rules; ignorance of the rules; time bar;



  • Judgment 1168


    73rd Session, 1992
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "In his original complaint the applicant stated his claim in dollars and he was accordingly awarded and paid the amount in that currency. If there was any risk of loss due to fluctuations in the rate of exchange, he ought to have raised the issue in the context of his original complaint. [...] Since he chose to state his claim in dollars and succeeded, the matter is res judicata and he may not have it reconsidered. There is no merit in his plea that 'lack of experience' explains why he did not think of the effect of changing rates of exchange: ignorantia juris haud excusat."

    Keywords:

    application for execution; currency of payment; duty to be informed; duty to know the rules; exchange rate; execution of judgment; ignorance of the rules; res judicata;



  • Judgment 1141


    72nd Session, 1992
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    The complainant failed to exhaust the means of resisting the decision open to him under the Staff Regulations. He "may not plead ignorance of the rules on appeal or his living in far-off lands: every official may be expected to know the requirements of the staff regulations and staff rules, wherever he may be stationed or resident."

    Keywords:

    duty to be informed; duty to know the rules; ignorance of the rules;


 
Last updated: 02.07.2020 ^ top