Practice (213,-666)
You searched for:
Keywords: Practice
Total judgments found: 102
1, 2, 3, 4, 5, 6 | next >
Judgment 4800
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her requests for special leave for very serious illness of a child.
Consideration 15
Extract:
[T]he complainant has submitted evidence [...] from which it is clear that, on several occasions, she herself was granted special leave for serious illness of a child simply on the basis of ordinary medical certificates and that requests from employees for that type of leave are regularly granted without any other formality. The existence of such a practice which, according to the Tribunal’s case law, means that the Organisation is bound to comply with it (see, for example, Judgments 3680, consideration 12, and 1125, consideration 8) cannot therefore be seriously disputed.
Reference(s)
ILOAT Judgment(s): 1125, 3680
Keywords:
practice; sick leave;
Judgment 4795
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his performance evaluation report for 2018.
Consideration 4
Extract:
[T]he complainant argues, in the first place, that the procedure leading to the adoption of Communiqué 2/17 was flawed because it was not submitted to the General Consultative Committee (GCC) [for consultation].
[...]
Article 1(4) of the Service Regulations provides that the regulations are to apply to members of the Boards of Appeal “in so far as they are not prejudicial to their independence”. The appraisal of members of those Boards is one of the particular problems associated with the guarantees of independence from which those members benefit. In addition, relating more generally to measures that specifically deal with the conditions of employment of members of the Boards of Appeal, it is apparent from the file [...] that, in view of this requirement for independence, it was increasingly seen as inappropriate for such measures to be subject to consultation with the GCC, especially given that that body is chaired by the President of the Office and half of its members are appointed by him. As a consequence, it became the practice, for measures of this type, to replace consultation with the GCC by consultation with the Presidium of the Boards of Appeal, an autonomous authority provided for in Rule 12b of the Implementing Regulations to the Convention, whose role, under paragraph 3 of that rule, includes “advis[ing] the President of the Boards of Appeal on matters concerning the functioning of the Boards of Appeal Unit in general” [...]. This practice was eventually codified in 2019 by the insertion of paragraph 8 into Article 38 of the Service Regulations, which expressly provides for consultation with the Presidium in such a situation rather than with the GCC.
This is the procedure that was followed for the drafting of Communiqué 2/17. Admittedly, the new version of Article 38 was not in force at that time. However, as just explained, even before the amendment was made to the Service Regulations, a practice existed to that effect and, contrary to what the complainant maintains, was already in use at the time when the Communiqué was issued, as evidenced by examples supplied by the EPO of previous consultations on other matters. Furthermore, although it is well-established case law that a practice cannot become legally binding where it contravenes rules already in force (see, for example, Judgments 4555, consideration 11, and 4026, consideration 6), the Tribunal considers that, in view of the aforementioned wording of Article 1(4) of the Service Regulations, the practice in question cannot be regarded as contravening the applicable rules. The lack of consultation with the GCC did not, therefore, constitute an irregularity.
Reference(s)
ILOAT Judgment(s): 4026, 4555
Keywords:
consultation; independence; interpretation of rules; practice; rating;
Judgment 4770
137th Session, 2024
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss him for misconduct.
Consideration 14
Extract:
[I]t must be recalled that, according to the Tribunal’s case law, a practice cannot become legally binding where, as in the present case, it contravenes specific rules which are already in force (see, for example, Judgment 4555, consideration 11, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 4555
Keywords:
binding character; practice;
Judgment 4745
137th Session, 2024
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to discharge him after due notice.
Consideration 6
Extract:
The Tribunal does not accept the complainant’s assertion of an existing established practice allowing staff members to enter their annual leave request after its commencement or even at the end of it, upon their return from travel. There is no evidence of such a practice and, in any case, a practice of this kind, which does not comply with the clear and unambiguous Staff Rule requiring prior approval of any annual leave, would not be legally binding. According to the Tribunal’s case law, a practice cannot become legally binding where, as in the present case, it contravenes specific rules which are already in force (see, for example, Judgment 4555, consideration 11, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 4555
Keywords:
practice;
Judgment 4716
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his staff report for 2014.
Consideration 11
Extract:
[T]he complainant has not discharged his burden to prove the existence of the practice on which he relies (see, for example, Judgments 3734, consideration 5, and 2702, consideration 11).
Reference(s)
ILOAT Judgment(s): 2702, 3734
Keywords:
burden of proof; practice;
Judgment 4711
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the abolition of automatic step advancement pursuant to the introduction of a new career system.
Consideration 9
Extract:
The complainant […] submits that the contested decision breached his legitimate expectations; he alleges that automatic step advancement had existed since the creation of the Office and had been applied for more than forty years. It was therefore a well-established practice, which he legitimately expected to continue. The former system was foreseeable, stable and transparent, whilst the new one is subject to the EPO’s finances and to the powers of the appointing authority, and therefore is not foreseeable, stable and transparent.
The Tribunal observes that it is not appropriate to raise an issue of legitimate expectations based on practice, as in the present case the previous automatic step advancement was not based on a practice, but instead on an express Service Regulation (former Article 48). Thus, in this case, the issue of the alleged infringement of legitimate expectations is not separate, in fact, from the one regarding the breach of acquired rights.
Keywords:
legitimate expectation; practice;
Judgment 4639
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the refusal to convert three days of statutory leave into days of sick leave.
Consideration 7
Extract:
Since [...] that practice cannot be regarded as contrary to the applicable provision, the Office was required to apply it to the complainant in the same way as to other employees concerned (see, in particular, Judgments 2936, consideration 16, 2907, consideration 22, or 1053, consideration 6).
Reference(s)
ILOAT Judgment(s): 1053, 2907, 2936
Keywords:
practice;
Judgment 4555
134th Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to pay him the additional installation allowance in respect of his second child following his transfer to The Hague.
Consideration 11
Extract:
The complainant submits that he is entitled to the additional installation allowance because there existed a “well-established common procedure” in the EPO that the allowance had been treated as accruing at any time during the probationary period. However, according to the case law, a practice cannot become legally binding where, as in the present case, it contravenes specific rules which are already in force (see, for example, Judgment 4026, consideration 6).
Reference(s)
ILOAT Judgment(s): 4026
Keywords:
practice;
Judgment 4425
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject her request for reimbursement of the cost of her spa cure as a type A cure undergone for “absolute medical necessity”.
Consideration 7
Extract:
[T]he Office had informed the complainant that her request for reimbursement of the cost of her spa cure could not be processed under Article 20, point 4.8(a), of the Collective Medical Insurance Contract, first, because of a change in the rules and, subsequently, rather, because of a stricter application of the reimbursement criteria for type A cures. This was wrong in law because, as the case law confirms, the principle of non-retroactivity requires that a new administrative practice (which must also include a decision to apply stricter criteria) must be clearly announced to staff prior to its application (see, for example, Judgment 3884, considerations 4 and 12, and the case law cited therein). There is no evidence that a decision to change the rules and/or to apply stricter criteria for reimbursement of the cost of type A cures was announced to EPO staff prior to determining that the complainant was not to be reimbursed for a type A cure.
Reference(s)
ILOAT Judgment(s): 3884
Keywords:
medical expenses; non-retroactivity; practice; refund;
Judgment 4310
130th Session, 2020
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to apply the sanction of summary dismissal to him.
Consideration 9
Extract:
It is not disputed that the above rules were not complied with. On this issue the ILO submits that the Committee’s Rules of Procedure, and in particular paragraph 13, reflect a practice that has gradually become superfluous following the establishment of the IAO, which is the only unit authorised to conduct investigations. Given that an official under investigation is heard by the IAO and notified of the procedure, she or he is fully informed of the content of the case file forwarded to the Committee, which hence no longer needs to provide it to the official concerned. The Rules of Procedure were being revised and would be published shortly on the Committee’s website.
However, the Tribunal observes that, so long as the rules are neither amended nor repealed, the principle tu patere legem quam ipse fecisti requires the Organization to apply them (see Judgment 3883, under 20). That principle is particularly applicable in disciplinary matters (see Judgment 3123, under 10).
Reference(s)
ILOAT Judgment(s): 3123, 3883
Keywords:
disciplinary procedure; patere legem; practice;
Judgment 4273
130th Session, 2020
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge their classification in the new career structure established following the 2015 five-yearly review.
Consideration 20
Extract:
According to the Tribunal’s case law, an administrative practice cannot continue to apply when it has been expressly abolished by a legal provision (see Judgment 3524, under 5).
Reference(s)
ILOAT Judgment(s): 3524
Keywords:
practice;
Judgment 4251
129th Session, 2020
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the lawfulness of a selection procedure in which she participated and the appointment made at the end of that procedure.
Consideration 12
Extract:
The Tribunal finds that the Organization’s long-established practice of communicating substantive information on the selection process only at its formal end, is correct, as until that time, there cannot be any certainty as to the final outcome.
Keywords:
duty to inform; practice; selection procedure;
Judgment 4197
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject his request for payment of overtime hours performed under the terms of an informal agreement concluded within his department.
Consideration 5
Extract:
The Tribunal finds that a practice was established based on the informal agreement, which was not contrary to the written provisions of Articles 57 and 58 of the Service Regulations. This practice, which was followed for a long time without any contestation by the parties to the agreement, became a legally binding practice, which only regarded voluntary work, thus, there was no requirement to consult the Local Advisory Committee (LAC) or the General Advisory Committee (GAC).
Reference(s)
Organization rules reference: Articles 57 and 58 of the Service Regulations
Keywords:
consultation; practice;
Judgment 4162
128th Session, 2019
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the final decision on her claim for compensation for a service-incurred injury or illness.
Consideration 17
Extract:
In Appendix D to UNIDO’s Staff Rules there is no provision dealing with the duration of the payment of compensation for a partial disability. The Tribunal finds that UNIDO has, in fact, an established practice related to the duration of the payment of the compensation for partial disability. The Tribunal accepts UNIDO’s submission that this practice is consistent with the United Nations’ (UN) practice prior to the amendment of Appendix D to the UN Staff Rules, that compensation for partial disability did not extend beyond a staff member’s mandatory retirement date.
Keywords:
partial disability; practice;
Judgment 4155
128th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision to allow all staff to vote when members of the Staff Council are elected.
Judgment keywords
Keywords:
complaint allowed; decision quashed; election; freedom of association; practice; staff representative;
Considerations 7-8
Extract:
In November 2014, the Director General sent a message to the staff effectively declaring that Staff Regulation 8.1 required all staff to be able to vote in an election for the Staff Council. Thereafter the Administration, guided by an opinion of the JAG, took steps to alter the status quo ante and bring about the election of members of the Staff Council by all staff rather than only those who are members of the Staff Association. [...]
The circumstances prevailing immediately before November 2014 were that the body described in Staff Regulation 8.1 was constituted by members of the Staff Association who had been elected to the Association’s Staff Council under the rules of the Association. This involved, at least implicitly, an acceptance by the Administration that Staff Regulation 8.1 permitted or authorised the constitution of the Staff Council in this way. What, in effect, WIPO has done, is adopt and assert an interpretation of Staff Regulation 8.1 which is partisan in the sense that it is an interpretation which was obviously aimed at disadvantaging the Staff Association and its members, having regard to the long-standing practice concerning the constitution of the Staff Council, and favouring the Administration in the sense that it does not have to deal with individuals, as members of the Staff Council, with, necessarily, what is almost certainly significant authority deriving from the membership of the Staff Association and their election by that membership. This constitutes an abuse of power.
Keywords:
abuse of power; freedom of association; misuse of authority; practice;
Judgment 4139
128th Session, 2019
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her fixed-term contract as a result of her post having been abolished.
Consideration 5
Extract:
[T]he argument that the signature of such decisions by the Head of the Human Resources Department was common practice at the Global Fund should not be accepted. It is a matter of principle that an illegal practice cannot become legally binding (see, for example, Judgments 1390, consideration 27, 2259, considerations 8 and 9, 2411, consideration 9, 2959, consideration 7, or 3544, consideration 14, and, for a case similar to the present case, [...] Judgment 3071, consideration 28).
Reference(s)
ILOAT Judgment(s): 1390, 2259, 2411, 2959, 3071, 3544
Keywords:
delegated authority; practice;
Judgment 4138
128th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.
Consideration 40
Extract:
The ICSC did not have power to decide, itself, the amounts of post adjustments with the ultimate consequence that the salaries of Geneva-based Professional category and above be reduced. The ICSC could only make recommendations and not decide on amounts. That was the preserve of the General Assembly.
Keywords:
general assembly resolution; icsc decision; icsc statute; practice;
Judgment 4134
128th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.
Consideration 39
Extract:
In relation to the relevance of practice, the complainants say practice is not legally binding if it contravenes a written rule that is already in force. This principle is well established in the Tribunal’s case law (see, for example, Judgment 3883, consideration 20). However, the ILO argues this principle concerns only the relationship between written rules and practice in the confined context of the legal relationship between staff and an organization. While this latter point is correct, the principle is a manifestation of a more fundamental requirement, namely the creation of stability, predictability and certainty. This matter was recently discussed by the Tribunal in the context of the operation of the principle of stare decisis in Judgment 3450. The Tribunal observed in consideration 8, that it is important for the law to be stable, predictable and certain and the principle of stare decisis “[...] serves a much more fundamental and important purpose of creating consistency and predictability in a legal system”. The Tribunal observed that principles and interpretations of the Tribunal in earlier judgments should be followed “in order to create a stable, predictable and certain legal system concerning the rights and obligations of both staff and organizations”. To accept the contention of the ILO concerning the legal effect of practice is to invite instability, unpredictability and uncertainty and must be rejected.
Reference(s)
ILOAT Judgment(s): 3450, 3883
Keywords:
practice; stare decisis;
Consideration 38
Extract:
The ILO contends that there is an established practice accepted by the General Assembly involving the ICSC determining, by decision, PAMs and thus their effect on salaries. It contends that practice impacts, as a matter of law, on the scope of the powers of the ICSC. It refers to instances where practice is, so it contends, as a matter of international law, accepted and recognised. However, even if this were so, it would be a large step for this Tribunal to conclude that the Statute of a body such as the ICSC did not define and delimit its powers. The ILO has accepted the authority of the ICSC but necessarily on the basis of its role, as established by its Statute. The Statute recognises, in Article 1, an organization’s participation in the United Nations common system is based on its acceptance of the Statute in the manner referred to earlier. The contention of the ILO would involve the adoption of a principle by this Tribunal that the conduct of the ICSC together with its acceptance by the General Assembly, even if agreed to or accepted without objection by some or all organizations participating in the United Nations common system, could or even would result in an alteration of the powers of the ICSC irrespective of how they might be defined or constrained by its Statute.
Keywords:
general assembly resolution; icsc statute; practice;
Judgment 4029
126th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to grant him the two-step within-grade increase which, he argues, WHO ought to have granted him at the time of his appointment under a fixed-term contract.
Consideration 19
Extract:
It is well settled in the case law “that a practice cannot become legally binding if it contravenes a written rule that is already in force” (Judgment 3601, under 10). In Judgment 2959, under 7, the Tribunal explained that “a practice which is in violation of a rule cannot have the effect of modifying the rule itself”. In this case, WHO initiated a practice for the benefit of long-term short-term staff members to address the concern that these staff members were not given any within-grade increases. The benefit provided in the application of that practice went beyond and was in addition to the provisions in Staff Rule 320.1. The practice did not modify Staff Rule 320.1 or affect the rights of other WHO staff members. Accordingly, the Tribunal concludes that the practice was legally binding.
Reference(s)
ILOAT Judgment(s): 2959, 3601
Keywords:
practice;
Judgment 4026
126th Session, 2018
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to reclassify her post.
Consideration 6
Extract:
[A] practice cannot become legally binding where, as in the present case, it contravenes specific rules which are already in force (see, for example, Judgment 3734, consideration 5).
Reference(s)
ILOAT Judgment(s): 3734
Keywords:
practice;
1, 2, 3, 4, 5, 6 | next >
|
