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Ignorance of the rules (831,-666)
You searched for:
Keywords: Ignorance of the rules
Total judgments found: 25
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Judgment 4777
137th Session, 2024
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the calculation of his remuneration and the determination of his step following his promotion from grade G.6 to grade P.3.
Consideration 6
Extract:
As the Tribunal has repeatedly stated, officials are expected to know the rules and regulations to which they are subject (see, for example, Judgment 4673, consideration 16, and the case law cited therein). This principle clearly includes any matters particular to their personal situation. It was the complainant’s choice to apply for the post in respect of which he was awarded the promotion in question and it was up to him to assess the advantages and disadvantages thereof beforehand.
Reference(s)
ILOAT Judgment(s): 4673
Keywords:
candidate; duty to be informed; duty to know the rules; ignorance of the rules; selection procedure;
Judgment 4741
137th Session, 2024
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-renewal of her fixed-term contract.
Consideration 13
Extract:
[T]he complainant’s allegation that she was misled as to the potential exercise of her right of appeal [...] is unfounded. [T]he documents in the file show that the complainant was well aware of the relevant provisions of the Staff Rules.
As the Tribunal has repeatedly stated in its case law, officials are expected to know their rights and the rules and regulations to which they are subject, and ignorance or misunderstanding of the law is no excuse (see, in this regard, Judgments 4673, consideration 16, 4573, consideration 4, 4324, consideration 11, and 4032, consideration 6).
Furthermore, it must be noted that the Organisation’s reply [...] came shortly after the complainant’s appeal [...] had been submitted, and that on the date of the reply the complainant was not yet time-barred from bringing the matter before the Tribunal. This may be seen as evidence that the Organisation did not seek to mislead the complainant or lead her into a procedural trap and, on the contrary, duly informed her of her rights at a stage when she could still file a complaint.
Reference(s)
ILOAT Judgment(s): 4032, 4324, 4573, 4673
Keywords:
duty to be informed; duty to know the rules; good faith; ignorance of the rules; right of appeal;
Judgment 4696
136th Session, 2023
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to recover supposed overpayments made to him by way of expatriation allowance.
Consideration 10
Extract:
[S]taff members are expected to know their rights, ignorance of the law is no excuse and a staff member is deemed to know the regulations and rules governing her or his appointment (see Judgments 4242, consideration 6, and 4166, consideration 4).
Reference(s)
ILOAT Judgment(s): 4166, 4242
Keywords:
duty to be informed; duty to know the rules; ignorance of the rules;
Consideration 11
Extract:
The existence of an error is at the very source of the principle of law concerning the recovery of undue payments and, in this case, either the error must have been known to the complainant since he could not have been unaware of the Organisation’s rules relating to the expatriation allowance, or else the situation was one that could not have reasonably escaped the notice of an official exercising ordinary diligence in the management of his personal affairs and who was supposed to know the regulations and rules of his organisation.
Keywords:
ignorance of the rules; recovery of overpayment;
Judgment 4673
136th Session, 2023
The Pacific Community
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment during her extended probation period.
Consideration 16
Extract:
As the Tribunal has repeatedly stated, officials are expected to know the rules and regulations to which they are subject and ignorance of the law is no excuse (see Judgments 4324, consideration 11, and 4032, consideration 6).
Reference(s)
ILOAT Judgment(s): 4032, 4324
Keywords:
duty to be informed; duty to know the rules; ignorance of the rules;
Judgment 4573
134th Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject as time-barred his request for review contesting deductions made from his remuneration in February 2013 and November 2014 for, respectively, pension contributions and the dependents and education allowances.
Consideration 4
Extract:
The complainant argues that he could not challenge the […] deductions before becoming aware of Article 88 of the Service Regulations, which, according to him, is relevant to his case. This type of argument has consistently been rejected by the Tribunal: a staff member is presumed to be aware of the organisation’s rules and regulations to which she or he is subject (see, for example, Judgments 4247, consideration 6, and 2962, consideration 13, cited therein).
Reference(s)
ILOAT Judgment(s): 2962, 4247
Keywords:
duty to know the rules; ignorance of the rules;
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 2960
110th Session, 2011
ITER International Fusion Energy Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
[T]he complainant [may not] plead ignorance of the provisions of the Staff Regulations, since every staff member is deemed to be familiar with the rules and regulations governing his/her appointment.
Keywords:
duty to be informed; duty to know the rules; ignorance of the rules;
Judgment 2821
107th Session, 2009
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The Tribunal is fully aware that Iraq’s isolation during the period in question due to the international embargo imposed on the country and the wars in which it was involved might have made it difficult for the complainant to obtain information about the law applicable within the Organization.
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. Fairness, reasonableness, and adherence to the known facts outweigh in this case the principle that ignorance of the law is no excuse. This approach indeed upholds that principle. The complainant did not act against any fundamental tenet of the law; he was simply late – yet not unreasonably late, as well as being in good faith – in claiming his rights, whereas no express time limits are set out in the rules."
Keywords:
applicable law; duty to be informed; duty to know the rules; ignorance of the rules; no provision; organisation's duties; practice; right; written rule;
Judgment 1877
87th Session, 1999
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4(c)
Extract:
There is no evidence to suggest that the staff member was to blame for not knowing that the rule at issue could be applied to him. Its terms should not allow for any ambiguity. While it may certainly be difficult to draft rules which do not need to be rectified subsequently, an organisation should not allow staff members to suffer the full consequences of such shortcomings.
Keywords:
duty to be informed; duty to know the rules; ignorance of the rules; no provision;
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