|
|
 |
|
|
Period (287,-666)
You searched for:
Keywords: Period
Total judgments found: 58
1, 2, 3 | next >
Judgment 3185
114th Session, 2013
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges her performance evaluation report, alleging personal prejudice and discrimination on the part of her direct supervisor.
Consideration 7(b)
Extract:
"The rule that administrative acts cannot apply retroactively [...] prevents an international organisation from altering definitively established legal situations, for example by calling into question an appraisal of service rendered during an evaluation period prior to the adoption of the new rules, as occurred in the instant case."
Keywords:
amendment to the rules; non-retroactivity; organisation's duties; period; work appraisal; written rule;
Judgment 3026
111th Session, 2011
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Failure on the part of the Organisation to give the complainant a fair opportunity to demonstrate improvement prior to deciding not to renew his fixed-term contract for unsatisfactory performance.
"It must be assumed that until 2006 the complainant's work was satisfactory as his contract was renewed from time to time, albeit that he was not subject to performance appraisal during the period he was employed on temporary assistance contracts."
Keywords:
appointment; complainant; contract; performance report; period; satisfactory service; short-term; work appraisal;
Judgment 2938
109th Session, 2010
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal has determined that a staff member on leave on personal grounds is ipso facto no longer performing the duties of his former post and that, although during this leave he continues to be an official, the rights arising from the performance of his duties - remuneration, promotion, guarantee of employment, etc. - are suspended until he is reinstated. In the interests of the service the Agency may therefore use the vacant post (see Judgment 416, under 2). At the end of leave on personal grounds the employer nonetheless has a duty to reinstate the official provided that the two cumulative conditions laid down by [...] Article 40 [of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre] are met: firstly, there must be a vacant post and, secondly, the staff member must be qualified for it (see Judgment 2034, under 11). This duty must be fulfilled promptly and with due regard for the dignity of the staff member concerned and the principle of good faith."
Reference(s)
Organization rules reference: Article 40 of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre
ILOAT Judgment(s): 416, 2034
Keywords:
accumulation; assignment; compassionate leave; condition; consequence; general principle; good faith; organisation's duties; organisation's interest; period; post held by the complainant; promotion; qualifications; reinstatement; respect for dignity; right; safeguard; salary; security of tenure; special leave; staff regulations and rules; status of complainant; vacancy;
Judgment 2865
108th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4(b)
Extract:
Article 72 of the Service Regulations for Permanent Employees of the European Patent Office, the EPO's secretariat, concerns the expatriation allowance. Article 72(1) reads as follows:
"An expatriation allowance shall be payable to permanent employees who, at the time they take up their duties or are transferred:
a) hold the nationality of a country other than the country in which they will be serving, and
b) were not permanently resident in the latter country for at least three years, no account being taken of previous service in the administration of the country conferring the said nationality or with international organisations."
"The country in which the permanent employee is permanently resident, within the meaning of Article 72(1)(b) of the Service Regulations, is that in which he or she is effectively living, that is to say the country with which he or she maintains the closest objective and factual links. The closeness of these links must be such that it may reasonably be presumed that the person concerned is resident in the country in question and intends to remain there. A permanent employee interrupts his or her permanent residence in a country when he or she effectively leaves that country with the intention - which must be objectively and reasonably credible in the light of all the circumstances - to settle for some length of time in another country (see Judgment 2653, under 3)."
Reference(s)
Organization rules reference: Article 72(1) of the Service Regulations for Permanent Employees of the European Patent Office
ILOAT Judgment(s): 2653
Keywords:
amendment to the rules; appointment; condition; definition; duty station; intention of parties; member state; nationality; non-resident allowance; official; organisation; payment; period; residence; staff regulations and rules; transfer;
Judgment 2847
107th Session, 2009
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
The complainant received family allowances paid at the full rate by Eurocontrol in respect of his three children but did not declare to the Agency that his partner was drawing family allowances from the competent national social security authority. According to Article 67(2) of the Staff Regulations, the amount of family allowances that Eurocontrol was paying him should have been reduced by the amount of the family allowances received by his partner. The complainant objects to the fact that the Agency has recovered the amount overpaid from the outset, i.e. over a five-year period, whereas in the opposite case, when the Agency makes a mistake to the detriment of an official, it usually benefits from rules of prescription which enable it greatly to reduce the amounts reimbursed.
"[A]ccording to the Tribunal's case law, a claim for recovery of undue payment is not imprescriptible and must be brought - even in the absence of any provision in writing to this effect - in reasonable time (see Judgments 53, under 4, and 2565, under 7(c)). However [...] the five-year period concerned by the recovery of the overpayment [...] cannot be regarded in this case as an unreasonable length of time, particularly because the disputed reimbursement arises from concealment on the part of the complainant and because Eurocontrol did not fail to take the necessary steps to recover the sums in question."
Reference(s)
Organization rules reference: Article 67(2) of the Staff Regulations governing officials of the Eurocontrol Agency
ILOAT Judgment(s): 53, 2565
Keywords:
accumulation; amount; breach; case law; dependent child; difference; domestic law; family allowance; injury; limits; misrepresentation; no provision; organisation's duties; payment; period; rate; reasonable time; recovery of overpayment; request by a party; staff member's duties; staff regulations and rules; time bar;
Judgment 2833
107th Session, 2009
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
In March 2006 the complainant, who had been assigned to Zimbabwe since 1996, applied for a transfer, in the same grade, to ILO headquarters in Geneva to occupy the advertised post of Senior Procurement Officer. His candidature was rejected because he failed to meet three of the core requirements listed in the vacancy notice. Circular No. 658, series 6, states that the Office should ensure, in particular, that 'priority for mobility is given to staff members who have completed their tours of duty', i.e. their assignment in a particular duty station.
"It is not disputed that the complainant can avail himself of the mobility rules to return, as and when appropriate, to the Organization's headquarters. But that does not, of course, mean that he has a right to return to headquarters to take up a particular post without it being determined beforehand that the post to which he aspires corresponds to his skills."
Reference(s)
Organization rules reference: Circular No. 658, series 6
Keywords:
administrative instruction; competition; condition; criteria; duty station; field; grade; grounds; headquarters; organisation's duties; period; post; priority; qualifications; reassignment; refusal; request for transfer; right; vacancy notice; written rule;
Judgment 2744
105th Session, 2008
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"In the present case, over three years have elapsed between the filing of the complainant's appeal and the issuing of the Internal Appeals Committee's opinion. Moreover, two and a half years have elapsed between the filing of the appeal and the submission of the EPO's position paper before the Committee, which constitutes an excessive delay in the proceedings. Therefore, the complainant is entitled to 1,000 euros in moral damages."
Keywords:
administrative delay; date; delay; internal appeal; internal appeals body; moral injury; period; procedure before the tribunal; publication; report; right;
Judgment 2729
105th Session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"[I]f a donor government offers to fund the post of an associate expert for a further period, there is an obligation on the organisation in question to consider that offer in good faith. So much is implicit in the general duties of care and good faith owed by an organisation to its staff. That is not to say, however, that an organisation is bound to accept any such offer. It is simply to say that a person [...] is then entitled to have his or her contract renewed unless there is a valid reason for rejecting the offer. The same duty of good faith requires that an organisation not do anything to prevent such an offer being made."
Keywords:
contract; decision; good faith; grounds; legitimate expectation; non-renewal of contract; offer; organisation's duties; period; post; refusal;
Judgment 2708
104th Session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
For the period 24 June 2002 to 31 December 2003 the complainant was given a fixed-term contract, financed from technical cooperation funds, which was extended until 30 June 2004. The complainant was subsequently given two external collaboration contracts, the second one ending on 31 March 2005. The contractual relationship between the complainant and the ILO ended at that date. "It emerges from an analysis of [the provisions of Circular No. 630] that short-term contracts should be offered in only specific cases and for a limited duration.
Having already obtained a fixed-term contract which had been extended, the complainant could not be recruited under a short-term contract, let alone under an external collaboration contract, to continue performing the same work as he had performed under his fixed-term contract, without contravening the spirit of the applicable texts.
The complainant's last two contracts should therefore be converted into a fixed-term contract."
Reference(s)
Organization rules reference: ILO Circular No. 630
Keywords:
administrative instruction; amendment to the rules; breach; claim; condition; consequence; contract; duration of appointment; extension of contract; external collaborator; fixed-term; limits; period; project personnel; provision; separation from service; short-term; written rule;
Judgment 2694
104th Session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The Tribunal recalls that "career prospects within an international organisation are not something that exists independently of all the rights and duties of its staff, that if the non-renewal of a contract is lawful, so is the career hiatus and that when a contract is concluded for a fixed term, the staff member's career ends lawfully on expiry of this period (see Judgment 1610, under 24)."
Reference(s)
ILOAT Judgment(s): 1610
Keywords:
career; contract; fixed-term; non-renewal of contract; official; organisation; period; right; separation from service;
Judgment 2637
103rd Session, 2007
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"[I]t is convenient to note the different but related purposes of home leave and education grant. The purpose of home leave is not to confer a financial benefit or to make a monetary concession (see Judgment 937). Rather, as pointed out in Judgment 2389, it is 'to enable staff members who, owing to their work, spend a number of years away from the country with which they have the closest personal or material ties to return there in order to maintain those connections'. Similarly, the purpose of the education grant is made explicit by UN Staff Regulation 3.2(c), namely, to provide for a staff member 'serving in a country whose language is different from his or her own and who is obliged to pay tuition for the teaching of the mother tongue to a dependent child attending a local school in which the instruction is given in a language other than his or her own'."
Reference(s)
ILOAT Judgment(s): 937, 2389
Keywords:
allowance; dependent child; difference; duty station; education expenses; home leave; nationality; official; organisation's interest; payment; period; place of origin; purpose; rule of another organisation;
Judgment 2632
103rd Session, 2007
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"[A]s the Tribunal stated in Judgment 1712, under 10, recalling a firm precedent, 'there may be a cause of action even if there is no present injury: time may go by before the impugned decision causes actual injury. The necessary, yet sufficient, condition of a cause of action is a reasonable presumption that the decision will bring injury. The decision must have some present effect on the complainant's position.'"
Reference(s)
ILOAT Judgment(s): 1712
Keywords:
cause of action; complainant; condition; consequence; effect; injury; period;
Judgment 2593
102nd Session, 2007
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Just as entitlement to sick leave terminates on the date of termination of an official's appointment, it is suspended during the period when the official is on special leave without salary."
Keywords:
date; official; period; right; separation from service; sick leave; special leave; unpaid leave;
Judgment 2468
99th Session, 2005
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant's appointment was terminated for unsatisfactory services. "The defendant is not wrong to point out that, except in a case of manifest error, the Tribunal will not substitute its own assessment of a staff member's services for that of the competent bodies of an international organisation. Nevertheless, such an assessment must be made in full knowledge of the facts, and the considerations on which it is based must be accurate and properly established. The Tribunal, which pays considerable attention to these issues in the case of complaints concerning dismissal at the end of a probationary period or the non-renewal of fixed-term contracts on the grounds of unsatisfactory performance, must be even more vigilant where an organisation terminates the appointment of a staff member holding a contract without limit of time, which in principle should secure him against any risk of job loss or insecurity. This applies particularly in the present case, since the staff member concerned by the termination for unsatisfactory services received on the whole satisfactory or even excellent appraisals over a period of 15 years."
Keywords:
complaint; condition; contract; different appraisals; fixed-term; grounds; judicial review; mistake of fact; non-renewal of contract; official; organisation; period; permanent appointment; probationary period; satisfactory service; termination of employment; unsatisfactory service; work appraisal;
Judgment 2456
99th Session, 2005
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9 and 11
Extract:
The complainant joined the Organisation in January 1998 under a fixed-term appointment. His contract, which was extended in 2003, was due to expire on 14 June 2004; it was not renewed due to the implementation of the seven-year tenure rule. He has produced before the Tribunal a document signed by the Director-General containing data about his performance, in which his date of entry on duty was incorrectly shown as 24 May 1997. He contends that the Director-General relied on that data in deciding not to renew his contract. "Since in the implementation of its policy the Organisation was said to be applying a 'first in, first out' rule, an error of over seven months in the calculation of any employee's length of service may be of critical importance. That is especially the case where such apparent error has the effect of indicating wrongly that the employee would at the time of his separation from the Organisation have served more than seven years. The Tribunal considers the alleged errors of fact to be material. [...] The non-renewal decision must be set aside and the Organisation shall be ordered to pay to the complainant the full balance of salary and benefits to which he would have been entitled if he had received a one-year extension of his contract to 14 June 2005. The complainant must account for any earnings from other employment during that period."
Keywords:
allowance; appointment; consequence; contract; date; decision; duration of appointment; enforcement; extension of contract; fixed-term; general principle; mistake of fact; non-renewal of contract; official; organisation's duties; period; reckoning; right; salary; staff member's duties; written rule;
Judgment 2389
98th Session, 2005
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The home country "is not necessarily that of the staff member's nationality. It could be the country with which he has the closest connection outside the country in which he is employed (see Judgment 1985, under 9), for instance the home country of his wife or of children whom he may have adopted or taken in but who he believes should keep up their connections with their native environment. Thus, according to Staff Rule 105.3, paragraph 4c, the Director General, in exceptional circumstances, may authorise a staff member to take home leave in a country other than the country of his nationality, provided that the latter can show that he maintained his normal residence in that other country for a prolonged period preceding his appointment, that he continues to have close family or personal ties in that country and that his taking home leave there would not be inconsistent with the purpose and intent of Staff Regulation 5.3."
Reference(s)
Organization rules reference: UPU Staff Regulation 5.3 and Staff Rule 105.3, paragraph 4c
ILOAT Judgment(s): 1985
Keywords:
adoption; appointment; burden of proof; condition; definition; dependent child; difference; duty station; exception; executive head; family relationship; home leave; nationality; official travel; period; place of origin; residence; staff regulations and rules;
Consideration 7
Extract:
"[T]he purpose of home leave is to enable staff members who, owing to their work, spend a number of years away from the country with which they have the closest personal or material ties to return there in order to maintain those connections. Regulation 5.3, which denies home leave to staff members whose home country is the country of their official duty station or who continue to reside in their home country, is therefore self-explanatory. Regulation 4.5, paragraph 2, reflects the same reasoning, insofar as it provides that a staff member may lose entitlement to home leave if, following a change in his residential status, he is, in the opinion of the Director General, deemed to be a permanent resident of any country other than that of his nationality, provided that the Director General considers that the continuation of such entitlement would be contrary to the purposes for which the benefit was created."
Reference(s)
Organization rules reference: UPU Staff Regulations 4.5, paragraph 2, and 5.3
Keywords:
amendment to the rules; condition; consequence; difference; duty station; executive head; family relationship; home leave; nationality; official; period; place of origin; purpose; refusal; residence; staff regulations and rules;
Judgment 2365
97th Session, 2004
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4(a)
Extract:
"The suspension of the complainant was an interim, precautionary measure, which was to last as long as the disciplinary procedure. It was ordered without hearing the complainant's views on the matter beforehand, but the latter's right to be heard was safeguarded since he later had an opportunity to exercise it before the impugned decision was taken. In any case, a decision to suspend need not necessarily be followed by a substantive decision to impose a disciplinary sanction (see Judgment 1927, under 5). Nevertheless, since it imposes a constraint on the staff member, suspension must be legally founded, justified by the requirements of the organisation and in accordance with the principle of proportionality. A measure of suspension will not be ordered except in cases of serious misconduct. Such a decision lies at the discretion of the Director-General. It is subject therefore to only limited review by the Tribunal, that is to say, if it was taken without authority or in breach of a rule of form or of procedure, or was based on an error of fact or of law, or overlooked some essential fact, or was tainted with abuse of authority, or if a clearly mistaken conclusion was drawn from the evidence (see, for instance, Judgment 2262, under 2)."
Reference(s)
ILOAT Judgment(s): 1927, 2262
Keywords:
abuse of power; breach; condition; decision; decision-maker; disciplinary measure; disciplinary procedure; discretion; disregard of essential fact; executive head; formal flaw; formal requirements; judicial review; limits; measure of distraint; mistake of fact; mistaken conclusion; misuse of authority; official; organisation's duties; period; procedural flaw; proportionality; provisional measures; right to reply; suspensive action;
Judgment 2362
97th Session, 2004
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"By virtue of successive short-term contracts and extensions thereof, [the complainant's] service lasted for four years. The series of extensions and the grant of pension coverage and other benefits did not signify a change in her original status. Staff Rule 3.5(a) [...] cannot be invoked by her as proof that her appointment had been converted to fixed-term. While this provision ostensibly bestows on her 'the terms and conditions of a fixed-term appointment', it would be stretching the intent and signification of the provision to make the complainant a fixed-term official (see Judgment 1666). Had that been the purpose of the Rule, it would have explicitly so provided instead of stating that 'the terms and conditions of a fixed-term appointment [...] shall apply to [the official concerned]'. The complainant was recruited as a short-term official and remained one at all times."
Reference(s)
Organization rules reference: Staff Rule 3.5(a) of the Rules Governing Conditions of Service of Short-Term Officials
ILOAT Judgment(s): 1666
Keywords:
amendment to the rules; commutation; contract; evidence; extension of contract; fixed-term; fringe benefits; fund membership; interpretation; official; period; provision; purpose; short-term; staff regulations and rules; status of complainant; successive contracts; terms of appointment; unjspf;
Judgment 2316
96th Session, 2004
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 19-20
Extract:
The complainant wants to be granted her salary increment to step X retroactively. "The particular circumstances upon which the ITU relies to argue that the complainant should not be granted her step X increment are that the unsatisfactory nature of her services had already been documented prior to the report signed on 3 May 2002 and that she did not cooperate with the establishment of her periodic appraisals. It may at once be noted that the appraisal for the relevant period was not made in May 2002, but in November of that year. Further, and given the complainant's absence on sick leave at various times during the relevant appraisal periods, it is difficult to infer lack of cooperation on her part. However, and more to the point, the matters upon which the Union relies fall far short of establishing that it made a genuine effort to comply with its own procedures, and do not show that the complainant frustrated or sabotaged any such effort. That being so [...], those considerations cannot defeat the complainant's entitlement to her step X increment retroactively. The treatment of the complainant by the ITU is [...] unacceptable."
Keywords:
claim; complainant; date; evidence; increment; liability; organisation; organisation's duties; patere legem; performance report; period; procedure before the tribunal; request by a party; right; sick leave; unsatisfactory service; work appraisal;
Judgment 2315
96th Session, 2004
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 25
Extract:
The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. "A change in the nature of the discretion to be exercised in determining whether to grant future rights by the extension or renewal of a contract cannot be said to effect a change in an existing legal interest, much less in an existing legal right or existing legal status. Accordingly, the seven year policy embodied in [the] directive [...] is not retroactive even if the seven year period is computed from a time prior to the proclamation of that policy."
Keywords:
amendment to the rules; appointment; career; consequence; contract; date; decision; discretion; exception; extension of contract; general principle; limits; non-local status; official; organisation; period; professional category; publication; reckoning; right; staff member's interest; status of complainant; terms of appointment; written rule;
Consideration 32
Extract:
"The Tribunal may, when setting aside a flawed decision not to renew a contract, order renewal for an appropriate term, as was done in Judgments 1298 and 1633. But it does so only if that is clearly the fair course to take. That was the situation in Judgment 1633 where, in practical terms, the question for decision was not whether a contract should be renewed but whether it should be renewed for two or for five years."
Reference(s)
ILOAT Judgment(s): 1298, 1633
Keywords:
competence of tribunal; condition; contract; decision; equity; flaw; iloat; judgment of the tribunal; non-renewal of contract; period; settlement out of court;
1, 2, 3 | next >
|
|
|
|
|
