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Acceptance (577,-666)
You searched for:
Keywords: Acceptance
Total judgments found: 96
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Judgment 4053
126th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to refuse her request to withdraw her resignation.
Considerations 5, 6, 9
Extract:
The central legal issue, the validity of the resignation, is also, in a sense, a threshold issue. If the complainant cannot demonstrate the resignation was legally ineffective then the impugned decision is of no legal consequence or significance. [...]
One authoritative judgment of the Tribunal on these questions is Judgment 856. Several related principles emerge from this judgment. The first is that a resignation comes into effect when it is accepted by the employer. The second is that once the resignation has come into effect it cannot be withdrawn unless the offer to resign was tainted with some flaw that renders it void. If the alleged flaw is that the individual purporting to resign was suffering from a psychological illness, then the individual, as a complainant, has to adduce precise, cogent and consistent evidence to show that the consent was lacking. [...]
The complaint is unfounded. The complainant offered to resign and the offer was accepted. The legal effect was a resignation from which the complainant could not resile and which cannot now be voided.
Reference(s)
ILOAT Judgment(s): 856
Keywords:
acceptance; resignation;
Judgment 3262
116th Session, 2014
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who applied for the position of Legal Advisor, was offered the post, but at a grade lower than that at which it was advertised.
Judgment keywords
Keywords:
acceptance; appointment; candidate; compensation; contract; grade; moral injury; offer; offer withdrawn; post; respect for dignity;
Judgment 3214
115th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully impugns the decision not to extend his appointment beyond retirement age.
Consideration 16
Extract:
The complainant complains about the length of time which elapsed between the filing of his request for the extension of his appointment beyond normal retirement age and the decision taken on it.
"Since under Article 54 of the Service Regulations the granting of an extension of an appointment is subject to the condition that it is justified in the interest of the service, the Organisation is right in saying that any decision on the subject can logically be taken only at a date relatively close to that on which the permanent employee concerned will reach normal retirement age. Indeed, if the Organisation were to proceed otherwise, the competent authority would not be in a position to make an informed assessment of the advisability of such an extension in light of that criterion."
Reference(s)
Organization rules reference: Article 54 of the Service Regulations for Permanent Employees of the EPO
Keywords:
acceptance; age limit; condition; criteria; date; decision; delay; extension beyond retirement age; organisation's interest; request by a party; retirement; staff regulations and rules;
Judgment 3164
114th Session, 2013
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the rejection of her request for a transfer, alleging harassment.
Consideration 9
Extract:
"[B]y merely stating that he accepted the [Joint Advisory Appeals] Board’s recommendations without specifying the practical steps to be taken in order to implement them, the Director-General issued a fundamentally flawed decision the execution of which was bound to be problematic."
Keywords:
acceptance; decision; executive head; flaw; internal appeals body; recommendation;
Judgment 3112
113th Session, 2012
International Institute for Democracy and Electoral Assistance
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant did not sign the offer of appointment within the time limit prescribed by the organisation.
"As the complainant herself acknowledged, there were still unresolved issues that she wished to have settled before entering into a contract. Accordingly, it cannot be said that at that time there was any contractual relationship between the parties, let alone an employment relationship. As there was no employment relationship, the complainant was not an official of the organisation. It follows that the Tribunal is not competent to hear the complaint and that, therefore, it must be dismissed."
Keywords:
acceptance; competence of tribunal; complaint; contract; non official; offer; offer withdrawn; official; refusal; status of complainant; terms of appointment; time limit;
Judgment 3064
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"[I]n its report [...], the Joint Advisory Appeals Board "encourage[d] [the Human Resources Development Department] and the responsible chiefs of the complainant and of her head of section to pursue and step up their efforts to promote better communication and working relations" within the [complainant's unit] and [...] the letter of 18 March 2008 indicated that the Director-General had "endorse[d] this recommendation". The Administration was therefore under an obligation to pursue and step up the efforts in question. However, the evidence on file does not show that the Administration used all the means at the disposal of an organisation such as the ILO to achieve the desired result. The fact that the complainant chose to lodge an appeal in order to seek recognition of her rights did not exempt the Organization from its obligations towards one of its officials to whom it owed a duty of care and who has not been found to have committed any fault."
Keywords:
acceptance; consequence; duty of care; executive head; internal appeals body; misconduct; organisation's duties; purpose; recommendation; report; right; right of appeal; working relations;
Considerations 10-11
Extract:
The complainant submits that the investigation ordered by the Director-General of the ILO into her allegations of harassment was considerably delayed. The ILO admits that "the delay in holding the investigation is inexcusable". Nevertheless, it considers that "[t]he complainant's claims in this respect are [...] groundless", since 3,000 Swiss francs were awarded as compensation for this delay.
"The Tribunal considers, however, that even if such a sum had been paid promptly and accepted by the complainant, which is not the case, the Organization could not shed its responsibility for the considerable delay in holding the investigation by simply deciding to award the complainant compensation for the injury suffered [...]. The ILO holds that the delay is due, not to the Administration's wish to harm the complainant, but to an error. In the Tribunal's opinion, this fact likewise does not exonerate the Organization or lessen its responsibility, since the error was committed by its Administration. As the [internal appeals body] rightly noted in its report [...] more than 15 months after the Director General's decision there was no information as to the progress of the investigation, or the date on which the investigator would submit his report. Consequently, it must be found that the delay in conducting the investigation caused the complainant moral injury which must be redressed."
Keywords:
acceptance; administrative delay; allowance; compensation; date; delay; duty to inform; harassment; injury; inquiry; internal appeals body; investigation; liability; misconduct; moral injury; organisation; organisation's duties; payment; report;
Judgment 3003
111th Session, 2011
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"[A]s the Tribunal pointed out in [...] Judgment 82, under 7, the execution of a judgment by an organisation cannot under any circumstances be considered as acceptance of the judgment, nor divest it of its right to submit the judgment to the International Court of Justice for an advisory opinion [under Article XII, paragraph 1, of the Statute of the Tribunal]."
Reference(s)
ILOAT reference: Article XII, paragraph 1, of the Statute
ILOAT Judgment(s): 82
Keywords:
acceptance; advisory opinion of icj; consequence; consultation; effect; execution of judgment; icj; iloat statute; interpretation; judgment of the tribunal; organisation; right of appeal;
Judgment 2972
110th Session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Existence of an acquired right to work night shifts and to receive the corresponding allowance.
"An acquired right is breached when 'an amendment adversely affects the balance of contractual obligations by altering fundamental terms of employment in consideration of which the official accepted an appointment, or which subsequently induced him or her to stay on' (see Judgment 2682, under 6)."
Reference(s)
ILOAT Judgment(s): 2682
Keywords:
acceptance; acquired right; amendment to the rules; breach; condition; contract; terms of appointment;
Judgment 2868
108th Session, 2010
South Centre
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 30
Extract:
"The Centre argues that the complainant accepted the terms of the renewal for six months and is now precluded from challenging them. In effect, it argues that the complainant has waived his right to challenge the validity of the renewal. As the Tribunal observed in Judgment 592 [...] "[w]aiver of a right to bring an action may not be presumed". As well, "[w]aiver is binding only if it is express or clearly implied on the facts". In the present case, the complainant contested the validity of the impugned decision [...] and at no time did he formally waive his right to challenge the validity of the decision. He was also in a financially vulnerable position, faced with the prospect of unemployment if he did not accept the renewal of his contract. As well, he would have potentially left himself in a situation of not having the advantages accorded to an internal candidate in a subsequent competition for a vacant post. In these circumstances, in addition to there being no evidence of an express waiver, a waiver cannot be implied on the facts."
Reference(s)
ILOAT Judgment(s): 592
Keywords:
acceptance; extension of contract; fixed-term; good faith; non-renewal of contract; waiver of right of appeal;
Judgment 2848
107th Session, 2009
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
"Having regard to the complainant's actions and his persistent, disingenuous attempts to reformulate the contents of communications, the Tribunal finds that the complainant's assertion that he did not reject the offer of the appointment as Chief of Cabinet and Director of ODG is not credible, and that he indeed rejected that offer on 1 August 2002. In the circumstances, the Organization was under no obligation to keep the offer open for any further period. Since it was not kept open, its purported acceptance did not give rise to a binding contract."
Keywords:
acceptance; appointment; binding character; contract; law of contract; limits; notice; offer; organisation's duties; reasonable time;
Consideration 20
Extract:
"As the Tribunal reiterated in Judgment 2592, under 14, it is well established in the case law that «[t]here is a binding contract if there is manifest on both sides an intention to contract and if all the essential terms have been settled and if all that remains to be done is a formality which requires no further agreement»."
Reference(s)
ILOAT Judgment(s): 2592
Keywords:
acceptance; binding character; contract; effect; intention of parties; law of contract; offer;
Judgment 2715
104th Session, 2008
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The Secretary General of the Organization decided to follow the Appeals Board's recommendations and thus to award the complainant compensation. By a letter of 2 October 2006 he notified the complainant that he nevertheless intended to make payment of the compensation subject to an undertaking from the complainant that he would renounce the exercise of all means of appeal against the WCO. "[T]he Tribunal draws attention to the fact that the Secretary General's letter of 2 October 2006 contained an unlawful clause which should definitely be censured, in that its purpose was to make the actual payment of the sum in question subject to an undertaking from the complainant that he would renounce all means of appeals.
An international organisation commits a serious breach of the general principles of law by violating, through such conduct, international civil servants' right of appeal, especially to the Tribunal."
Keywords:
acceptance; allowance; condition; flaw; general principle; internal appeal; payment; right of appeal; waiver of right of appeal;
Judgment 2667
104th Session, 2008
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The complainant now claims that when she signed her initial contract the Organization did not inform her of the consequences of her declaration [concerning her residential address] or, in particular, of the differences between local and international status. But this assertion cannot be accepted. It was up to the complainant to ask the Organization about the implications of the main clauses of the offer she was invited to accept and about the consequences of her replies on points which were decisive for her future career and salary. Rapid perusal of the Staff Regulations and Rules would have revealed the implications of accepting the offer of local recruitment."
Keywords:
acceptance; consequence; contract; law of contract; local status; non-local status; offer; organisation's duties; staff member's duties; staff regulations and rules;
Judgment 2494
100th Session, 2006
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainants were issued a reprimand on the grounds that they had participated in industrial action which management considered to be unlawful and for abandoning their post in the course of their shift. "Considering Eurocontrol's special missions relating to the safety of air navigation, the right to strike - the lawfulness of which is not disputed - must not lead to sudden stoppages of activity such as occur when shift work is abandoned. The complainants do not deny the charges made against them in this respect. The Tribunal therefore considers that, while the first ground mentioned by the Agency - namely, participation in unlawful strike action - could not legally justify the contested disciplinary measure, this second ground did justify a penalty."
Keywords:
abandonment of post; acceptance; censure; disciplinary measure; enforcement; grounds; limits; right to strike; strike;
Judgment 2394
98th Session, 2005
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant's appointment was terminated. "[I]t emerges quite clearly from the file that the irregularities committed [...], the careless way the Organization advertised the complainant's post before he had even had a chance to comment on the termination of his contract, and the way it admitted the unlawfulness of the termination notified on 29 August 2001 [...] only in a decision of 28 June 2003 notified to the complainant on 17 July 2003, severely harmed the complainant's legitimate interests and impaired his dignity." He is therefore entitled to a compensation for the financial and moral damage he incurred.
Keywords:
acceptance; allowance; competition; date of notification; delay; flaw; injury; material injury; misconduct; moral injury; organisation; post; respect for dignity; right; right to reply; staff member's interest; termination of employment;
Judgment 2392
98th Session, 2005
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant submits that the internal appeal procedure took far too long. "To this the Fund makes two replies: first, that the complainant implicitly accepted the delays because she did not appeal directly to the Tribunal once she had decided that matters were dragging before the Joint Appeals Board; secondly, that a large part of the delay was due to the JAB itself [...]. Neither argument is persuasive. It is true that according to the case law a complainant may come directly to the Tribunal when the internal procedure takes too long (see Judgment 2196 and the cases cited therein), but the fact that a complainant does not take advantage of this cannot be held against him or her. Likewise, whether the delay was due to IFAD's tardiness (as a very large part of it clearly was) or to the malfunctioning of the JAB is simply irrelevant in light of the organisation's duty to provide to the members of its staff an efficient internal means of redress. The complainant is entitled to damages. (See Judgments 2072 and 2197.)"
Reference(s)
ILOAT Judgment(s): 2072, 2196, 2197
Keywords:
acceptance; administrative delay; case law; cause; complainant; delay; direct appeal to tribunal; grounds; internal appeal; internal appeals body; moral injury; official; organisation's duties; procedure before the tribunal; right; time limit;
Judgment 2368
97th Session, 2004
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
In the context of a voluntary staff reduction programme the complainants signed individual letters agreeing to their termination of appointment. Once the agreed termination was concluded, neither the separation itself nor the conditions agreed upon were subject to revision. The complainants were entitled to either a termination indemnity or an end-of-service-allowance, whichever was greater. They received the termination indemnity and want the Organization to pay them the end-of-service-allowance. The Tribunal considers that "each complainant expressly waived his/her right to appeal the separation from service or to seek any form of compensation other than the payments specified in the letter of agreed termination. In view of that waiver, the complainants could not contest an overall financial settlement which [...] did not allow them to claim any further indemnity. The Tribunal finds no misrepresentation on the part of the Organization and considers that the terms of [...] the letters signed by the complainants - which have acquired contractual status - were clear. It therefore rejects the complainants' claims."
Keywords:
acceptance; agreed termination; binding character; compensatory measure; staff reduction; terminal entitlements; termination of employment; waiver of right of appeal;
Judgment 2356
97th Session, 2004
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant claims damages for the injury resulting from the inclusion in her personnel file of a memorandum bearing negative remarks about her performance. "While there is no evidence whatsoever to support the complainant's claim that she was humiliated and that her future career prospects were adversely affected by this memorandum, the fact remains that the Appeals Committee found, and the Director-General accepted, that the document should be removed from her file. That necessarily implies an acceptance by the Organization that it had acted wrongly in putting it there in the first place. This entitles her to a nominal award of moral damages which the Tribunal evaluates at 500 euros."
Keywords:
acceptance; advisory opinion; breach; career; claim; executive head; general service category; grade; injury; internal appeals body; lack of evidence; moral injury; official; personal file; request by a party; respect for dignity; right; supervisor; unsatisfactory service;
Judgment 2312
96th Session, 2004
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Under the EMBL Staff Rules and Regulations, there is no provision to appeal internally the non-renewal of a contract. "There is [...] no merit to the Laboratory's suggestion that the deliberate exclusion in the Staff Rules and Regulations of an internal appeal mechanism with regard to the non-renewal of a contract operates so as to exclude complaints to the Tribunal. The Tribunal's jurisdiction is not determined by an organisation's Staff Rules but by the terms of the Tribunal's own Statute and the defendant organisation's submission to it. Thus, an organisation cannot unilaterally preclude the right to lodge a complaint. While it is the case that the Tribunal will often defer to discretionary decisions, the fact that a decision is discretionary does not take it outside of the Tribunal's jurisdiction. Although a discretionary decision may warrant significant deference, it is still reviewable."
Keywords:
acceptance; competence of tribunal; complaint; consequence; contract; decision; definition; discretion; effect; iloat; iloat statute; internal appeal; judicial review; no provision; non-renewal of contract; omission; organisation; procedure before the tribunal; provision; right; right of appeal; staff regulations and rules;
Judgment 2308
96th Session, 2004
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15-18
Extract:
"The complainant seeks compensation in lost salary and benefits for the years during which she has been remunerated on the basis of short-term employment while performing work of indefinite duration equivalent to that of a fixed-term staff member. In other words, she claims a retroactive fixed-term status. There is no basis on which the complainant can claim to be treated retroactively as if she had a fixed-term contract. She was recruited as a short-term staff member without having to go through a competition process; she accepted several contract renewals. It was within the discretionary authority of the Director-General to decide during all those years whether to renew each short-term contract or offer her a fixed-term contract [...]. She accepted and signed all the short-term contracts. [...] If it is sought to have the Tribunal treat those short-term contracts as being null, it must be shown that they have violated some fundamental and overriding principle of law or that her apparent consent thereto was vitiated (see Judgment 2097, under 11). This, the complainant has failed to do."
Reference(s)
ILOAT Judgment(s): 2097
Keywords:
acceptance; appointment; burden of proof; contract; discretion; duration of appointment; fixed-term; injury; lack of consent; law of contract; offer; short-term; status of complainant;
Judgment 2228
95th Session, 2003
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The Staff Committee's access to the organisation's internal electronic mail system was withdrawn after the organisation made an objection on technical grounds following the mass distribution of documents. "The Staff Committee is responsible for [...] maintaining "suitable contacts between the competent administrative authorities and the staff", which necessarily implies the availability of adequate means of communication within the organisation... Nevertheless, the incident mentioned by the [organisation] involving the mass distribution of a union report [...] shows that some degree of control is necessary, without jeopardising the Staff Committee's freedom of expression and speech."
Keywords:
acceptance; consequence; facilities; freedom of speech; liability; official; organisation; publication; purpose; rebuttal; refusal; report; staff union;
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