Practice (213,-666)
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Keywords: Practice
Total judgments found: 102
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Judgment 3884
124th Session, 2017
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to extend her appointment beyond the mandatory retirement age.
Consideration 4
Extract:
The principle of non-retroactivity, which is one of the general principles of international civil service law, forbids an organisation from applying to staff retroactively a rule which is unfavourable to them (see, for example, Judgments 963, under 5, 1979, under 5(h), or 2439, under 12).
Such unlawful retroactive effect occurs inter alia when a new rule that has not yet entered into force (see, for example, Judgments 1012, under 7, or 1641, under 8) or a new administrative practice that has not been clearly announced in advance (see, in particular, Judgments 767, under 9, 792, under 8, 1053, under 7, and 1610, under 21) is applied to an official in a manner which goes against her or his interests.
Reference(s)
ILOAT Judgment(s): 767, 792, 963, 1012, 1053, 1610, 1641, 1979, 2439
Keywords:
non-retroactivity; practice;
Consideration 12
Extract:
[E]ven supposing that the minute [...] could be regarded as not actually constituting a legal rule, the change in practice that it entailed in respect of the consideration of requests for extensions of appointments could not, in any event, be implemented before it had been clearly announced to the officials concerned.
Keywords:
practice; publicity of a rule;
Judgment 3883
124th Session, 2017
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest the implementation of new salary scales as from March 2012 in Bangkok.
Consideration 20
Extract:
[A] practice cannot become legally binding if it contravenes a written rule that is already in force (see, for example, Judgments 3601, consideration 10, and 3544, consideration 14).
Reference(s)
ILOAT Judgment(s): 3544, 3601
Keywords:
practice;
Judgment 3734
123rd Session, 2017
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the IAEA’s decision not to pay her compensation for the loss of earning capacity beyond the age of 60.
Consideration 5
Extract:
As stated in Judgment 2702, under 11, “[i]t is well established that the party seeking to rely on an unwritten rule bears the onus of proving the substance of the rule. This applies equally to a party seeking to rely on an established practice.” Beyond stating that its established practice is consistent with its interpretation, the IAEA has not adduced any proof of the existence or nature of the practice. It may also be added that a practice cannot become legally binding if it is at odds with a statutory provision already in force, as is the case here (see, for example, Judgment 3546, under 8, and the judgments cited therein).
Reference(s)
ILOAT Judgment(s): 2702, 3546
Keywords:
practice;
Judgment 3680
122nd Session, 2016
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to extend her contract beyond retirement age.
Consideration 12
Extract:
Consistent precedent has it that while an international organization is obliged to apply its written rules, it must also act in accordance with a consistent practice while that practice is in existence. A staff member may rely on a practice that is created by an announcement, by an administrative circular or otherwise, which is evidence that in the exercise of the discretionary power the head of the organisation will follow a specified administrative procedure. Accordingly, a decision by the executive head of an international organization who has created an established practice in furtherance of the exercise of discretion conferred by a written rule may be vitiated if the decision breaches the existing practice. [...] Consistent precedent also has it that the party who seeks to rely on an unwritten rule or practice bears the burden of proving its substance (see, for example, Judgment 2702, consideration 11).
Reference(s)
ILOAT Judgment(s): 2702
Keywords:
practice;
Judgment 3601
121st Session, 2016
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decisions not to promote him to a post of Inspection Team Leader and not to designate him as an Acting Team Leader.
Consideration 10
Extract:
"[T]he Tribunal has consistently held that a practice cannot become legally binding if it contravenes a written rule that is already in force (see, for example, Judgments 2959, under 7, or 3544, under 14)."
Reference(s)
ILOAT Judgment(s): 2959, 3544
Keywords:
practice;
Judgment 3546
120th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the principle of extending the active service of a staff member beyond the age of 65 and the terms thereof.
Consideration 8
Extract:
"[T]he ILO’s argument that its failure to comply with this duty reflected a long-standing practice to which the Staff Union had never previously raised any formal objection is of no avail. Indeed, as the Tribunal has consistently held, a practice cannot become legally binding if, as is the case here, it contravenes a written rule that is already in force (see, for example, Judgments 1390, under 27, 2259, under 8 and 9, 2411, under 9, 2959, under 7, or 3071, under 28)."
Reference(s)
ILOAT Judgment(s): 1390, 2259, 2411, 2959, 3071
Keywords:
practice;
Judgment 3544
120th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the practice followed in granting appointments without limit of time to officials in the Director and Principal Officer category.
Consideration 14
Extract:
"[T]he ILO maintains that the disputed practice has been consistently applied for more than 15 years without demur from the Staff Union Committee until now – as has already been said – and without it giving rise to any objections from the officials concerned. However, as the Tribunal has consistently held, a practice cannot be become legally binding if it contravenes a written rule that is already in force (see, for example, Judgments 1390, under 27, 2259, under 8 and 9, 2411, under 9, 2959, under 7, or 3071, under 28). The inconsistency demonstrated above between the disputed practice and the provisions of Circular No. 452 is sufficient reason to dismiss that argument."
Reference(s)
ILOAT Judgment(s): 1390, 2259, 2411, 2959, 3071
Keywords:
practice;
Judgment 3071
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 28
Extract:
"A practice that is inconsistent with staff regulations cannot obtain legal force (see Judgment 1390, under 27)."
Reference(s)
ILOAT Judgment(s): 1390
Keywords:
effect; practice; staff regulations and rules;
Judgment 3019
111th Session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Automatic coverage of spouses under the Organisation's long-term health insurance / Obligation to file a waiver declaration.
"The automatic coverage applied by the Implementing Rules cannot be deemed unreasonable. It is clear that under the system chosen by the Organisation some staff members may be slightly financially penalised if they fail to opt out of the scheme, as their automatic coverage will entail consequent deductions from their salaries. However, in evaluating the possible outcome resulting from automatic coverage and that resulting from a lack of coverage, the Organisation evidently considered that the outcome could be worse in the latter situation as staff members who neglected to enrol their spouses in the long-term care insurance scheme could suffer the severe financial consequences of not being insured when the need arose, and the Tribunal cannot regard the Organisation's choice as unreasonable."
Keywords:
deduction; dependant; health insurance; insurance; medical expenses; organisation; practice; salary; social benefits;
Judgment 2959
110th Session, 2011
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"[T]he existence of an established practice of directly appointing the Chief of Cabinet is not relevant, as a practice which is in violation of a rule cannot have the effect of modifying the rule itself, and the fact that employees may be aware of such a practice does not prevent them from exercising their right to impugn a decision based on that practice whenever it affects them."
Keywords:
breach; practice; precedence of rules; provision; right of appeal; written rule;
Judgment 2915
109th Session, 2010
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"The fact that the Director General did not sign the letter [informing the complainant that her request was denied] does not mean that he did not take the relevant decision. The signing of the letter by the Director of [the Human Resources Management Department] is consistent with normal personnel practice. Moreover, the presumption of regularity applies in the absence of cogent evidence to the contrary."
Keywords:
competence; evidence; executive head; formal requirements; practice; staff regulations and rules; vested competence;
Judgment 2702
104th Session, 2008
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"It is well established that the party seeking to rely on an unwritten rule bears the onus of proving the substance of the rule. This applies equally to a party seeking to rely on an established practice."
Keywords:
burden of proof; no provision; organisation's duties; practice; staff member's duties;
Judgment 2638
103rd Session, 2007
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The main justification for granting benefits such as home leave or an education grant to some staff members is not that the beneficiaries have a particular nationality, but that their duty station is not in their recognised home country. Far from being discriminatory, such practices, which moreover exist in most international organisations, are designed to restore a degree of equality between officials serving in a foreign country and those who are working in a country where they normally have their home. The two categories cannot be regarded as being in identical situations. Consequently, according to firm precedent, the principle of equality must not lead to their being treated in an identical manner when a difference in treatment is appropriate and adapted (see Judgment 2313 [...])."
Reference(s)
ILOAT Judgment(s): 2313
Keywords:
allowance; breach; difference; duty station; education expenses; equal treatment; general principle; home; home leave; nationality; official; organisation's duties; place of origin; practice; 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 13
Extract:
"[T]he complainants assert that their acquired rights were breached because the Agency abandoned a practice, applied to them from 1 January to 30 June 2005, involving the application to pensions of the same weightings as were applied to the remuneration of serving officials. But a practice of salary and pension adjustment, even where repeated, does not bind the Organisation that adopted it, which is at liberty to abandon it provided that it does so lawfully (see in this connection Judgment 2089). As for acquired rights, they could not be held to have been breached unless the contested reform impaired a fundamental and essential term of the complainants' conditions of appointment, which include the right to a pension (see aforementioned Judgment 2089 and the case law cited therein). This is clearly not the case here."
Reference(s)
ILOAT Judgment(s): 2089
Keywords:
acquired right; adjustment; amendment to the rules; breach; condition; cost-of-living weighting; discretion; enforcement; formal requirements; injury; organisation's duties; pension; pension adjustment system; pension entitlements; practice; salary; terms of appointment;
Judgment 2556
101st Session, 2006
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The Organisation adopted a new method of calculating replacement days granted to inspectors returning from a Chemical Weapons Destruction Facilities inspection because of the inconsistency between the practice with regard to replacement days and the terms of Administrative Directive AD/PER/12. The complainant contested that new method. Because the earlier practice had become in its view "well established", the Appeals Council recommended that the appeal be upheld, the previous practice reinstated and the replacement days that should have been granted in accordance with that practice reimbursed. The Tribunal considers that "[a]s the practice of granting a replacement day for each Saturday, Sunday or official OPCW holiday falling during an inspection period is inconsistent with the terms of AD/PER/12, that practice cannot be elevated to the status of law so as to entitle the complainant to additional replacement days, as was seemingly thought by the Appeals Council."
Reference(s)
Organization rules reference: OPCW Administrative Directive AD/PER/12
Keywords:
administrative instruction; advisory opinion; compensatory measure; difference; internal appeal; internal appeals body; organisation's duties; practice; precedence of rules; provision; public holiday; reckoning; recommendation; refund; right; written rule;
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 2300
96th Session, 2004
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainant contends that the [challenged] decision is unlawful because it is based on an opinion by the Joint Appeals Committee signed by its Chairman alone, whereas it is common practice in Interpol, as in other international organisations, for this type of document to be signed by all members of the Committee. The Organization rightly points out that, in accordance with Article 152(3) of the Staff Rules, the Chairman of the relevant Joint Committee shall sign the consultative opinion. This provision cannot be challenged on the grounds that different practices prevail in other organisations."
Reference(s)
Organization rules reference: Article 152(3) of Interpol's Staff Rules
Keywords:
advisory body; advisory opinion; decision; difference; flaw; formal flaw; internal appeals body; organisation; practice; provision; staff regulations and rules;
Judgment 2220
95th Session, 2003
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant is asking for the execution of a judgment in which he was neither a party nor an intervener. He "claims that [that] judgment constitutes an exception to the general rule of res judicata because it is of "general" application. There is no such exception to the rule. The judgments of the Tribunal operate only in personam and not in rem. Notwithstanding the generality of the terms in which the Tribunal may dispose of a case before it, the judgment has effect only as between the parties to it. The complainant confuses the rule of res judicata with the rule of stare decisis. The former, which is a rule of law, applies absolutely when the necessary three identities of person, cause and object are present, which is not the case here. the latter rule, which is simply a matter of judicial practice or of comity, holds that, in general, the Tribunal will follow its own precedents and that the latter have authority even as against persons and organisations who were not party thereto, unless it is persuaded such precedents were wrong in law or in fact or that for any other compelling reason they should not be applied."
Keywords:
binding character; case law; complainant; effect; enforcement; exception; execution of judgment; general principle; grounds; intervention; judgment of the tribunal; limits; mistake of fact; organisation; practice; purport; request by a party; res judicata; right; same cause of action; same parties; same purpose; status of complainant;
Judgment 2089
92nd Session, 2002
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
From 1986 to 2000 the organisation followed the practice followed by the coordinated organizations in adjusting both salaries and pensions in accordance with both cost-of-living and standard-of-living adjustments. In July 2000 it made a cost-of-living adjustment mandatory for pensions even if no such adjustment is made to salaries, but no provision is made for standard-of-living adjustment to pensions. "It is to no avail that the complainants criticise the effectiveness of the change or the accuracy of the calculations on which it was based, for those are not matters within the Tribunal's competence."
Keywords:
adjustment; amendment to the rules; competence of tribunal; coordinated organisations; cost-of-living increase; iloat; no provision; pension; pension adjustment system; period; practice; reckoning; salary;
Consideration 9
Extract:
From 1986 to 2000 the organisation followed the practice followed by the coordinated organizations in adjusting both salaries and pensions in accordance with both cost-of-living and standard-of-living adjustments. In July 2000 it made a cost-of-living adjustment mandatory for pensions even if no such adjustment is made to salaries, but no provision is made for standard-of-living adjustment to pensions. "It is simply untenable to argue that the [organisation] could, by following the practice of the coordinated organizations in previous years, bind itself to do so for all time [...] There can be no doubt that the same body that had the authority to adopt [the] decision [to follow the practice followed by the coordinated organizations] had equally the authority to decide to withdraw it."
Keywords:
adjustment; amendment to the rules; competence; coordinated organisations; cost-of-living increase; decision quashed; executive body; no provision; organisation's duties; pension; pension adjustment system; period; practice; salary;
Judgment 2062
91st Session, 2001
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal's practice is to consider any items that are material to the case".
Keywords:
confidential evidence; disclosure of evidence; evidence; practice; submissions; tribunal;
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