Safeguard (637,-666)

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Keywords: Safeguard
Total judgments found: 88

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• Judgment 160

  
  24th Session, 1970
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  Vide Judgment 162, consideration 3.

  Reference(s)

  ILOAT Judgment(s): 162
  

  Keywords:

  adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;
  

  
  
  

• Judgment 159

  
  24th Session, 1970
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  Vide Judgment 162, consideration 3.

  Reference(s)

  ILOAT Judgment(s): 162
  

  Keywords:

  adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;
  

  
  
  

• Judgment 137

  
  22nd Session, 1969
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "The Tribunal recognises that as a result of holding that it lacks jurisdiction the complainant is thereby regrettably deprived of any means of judicial redress against the injury sustained as a result of the alleged breach of his contract. However, the Tribunal, being a court of limited jurisdiction, is bound to apply the mandatory provisions governing its competence, and it is for the organisation concerned itself to determine whether it is desirable to provide its employees with a safeguard which is enjoyed by the great majority of international officials at the present time."

  Keywords:

  competence of tribunal; locus standi; right of appeal; safeguard; status of complainant; vested competence;
  

  
  
  

• Judgment 122

  
  20th Session, 1968
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The Staff Regulations are, as a whole, applicable only to those categories of persons expressly specified therein. However, some of their provisions are merely the translation into written form of general principles applicable to any employees having any link other than a purely casual one with the organisation. These principles may not lawfully be ignored in individual contracts. "This applies in particular to the principle that any employee is entitled in the event of a dispute with his employer to the safeguard of some appeals procedure."

  Keywords:

  contract; enforcement; general principle; law of contract; locus standi; right of appeal; safeguard; status of complainant;
  

  
  
  

• Judgment 107

  
  17th Session, 1967
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "The organization's [statutory] obligation to have regard to [the] qualifications [of members of the organization] implies, in the first place, that they are entitled to take part in any competitions that may be open to them. [T]his right [...] necessarily include[s] the right to demand that the arrangements for the competition ensure the appointment of the candidate who is really the best qualified. In other words, at every stage of the competition including the arrangements made, the conduct of the tests and the evaluation of their results, every candidate must be treated on an equal footing and with full impartiality."

  Keywords:

  competition; equal treatment; organisation's duties; procedure before the tribunal; safeguard;
  

  
  
  

• Judgment 96

  
  16th Session, 1966
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "While complainants have an absolute right to apply to the Administrative Tribunal, within the jurisdiction assigned to it, without any restriction and are allowed great freedom in supporting their claims, both in form and in substance, this right and this freedom are granted to ensure respect for their terms of appointment."

  Keywords:

  enforcement; purpose; right of appeal; safeguard; staff member's interest; staff regulations and rules;
  

  
  
  

• Judgment 87

  
  15th Session, 1965
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "If the administrative authorities of [the organization] consider that an official has behaved improperly, they are normally required to follow the disciplinary procedure laid down by [the applicable text], which provides specific safeguards for the official concerned. Consequently, by reason of its severity and of the fact that no formalities are prescribed for its application summary dismissal must necessarily be an exceptional measure which can be allowed only under an express provision and in accordance with the terms of such provision."

  Keywords:

  disciplinary procedure; enforcement; exception; misconduct; provision; safeguard; serious misconduct; staff regulations and rules; termination of employment;
  

  
  
  

• Judgment 61

  
  10th Session, 1962
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  "International civil servants are not exclusively governed by statutory rules, such as apply to the great majority of national civil servants, which are of a different nature and afford similar guarantees by different means".

  Keywords:

  difference; domestic law; international civil service principles; safeguard; staff regulations and rules;
  

  Consideration 24

  Extract:

  The changes in the guarantees provided in the event of abolition of post "constitute a serious infringement of the terms of appointment" of the complainant. He is therefore justified in maintaining that the Secretary-General was not entitled to declare that the material regulation was applicable to his terms of appointment.

  Keywords:

  abolition of post; amendment to the rules; provision; safeguard; staff regulations and rules; termination of employment; terms of appointment;
  

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