Provision (241,-666)
You searched for:
Keywords: Provision
Total judgments found: 208
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 | next >
Judgment 483
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2(A)
Extract:
Vide Judgment 485, consideration 1(a).
Reference(s)
ILOAT Judgment(s): 485
Keywords:
enforcement; local status; non-local status; provision; residence; staff regulations and rules;
Judgment 481
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Under the Staff Rules, any unauthorised and unjustified absence from duty shall be charged to special leave without pay. "It is for the administration to determine whether or not an official needs permission to be absent from duty and whether to authorise participation in a staff demonstration during working hours." By warning the association that participation in the demonstration set for the next day [to secure recognition of the association] would be treated as unauthorised and unjustified, the Director-General kept within the bounds of his authority.
Keywords:
discretion; enforcement; provision; special leave; staff regulations and rules; staff union; staff union activity; time off; unauthorised absence; unpaid leave;
Judgment 479
47th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"By the inclusion of the word 'function' ['organe' in the French version] in the [material provision] it is obviously intended that the loss of the use of a limb or member shall be treated in the same way as the actual loss. Whether it means more than this is open to question. Unless it does, it will not apply to persons like the complainant who are incapacitated by disease." The organization chose to apply another provision by analogy.
Keywords:
illness; incapacity; interpretation; invalidity; provision; service-incurred; staff regulations and rules;
Judgment 474
47th Session, 1982
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The Staff Rules preclude appeals against non-renewal of appointment. The material provision "does have force within the organisation in that it preclude bringing certain appeals to the Director-General. [It] is not binding on the Tribunal, whose jurisdiction has been unconditionally recognised by the organisation and which will itself determine whether a complaint is receivable."
Keywords:
competence of tribunal; contract; fixed-term; iloat statute; internal appeal; non-renewal of contract; provision; receivability of the complaint; right of appeal;
Judgment 470
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(D)
Extract:
"The relationship between organization and staff is governed by the Staff Regulations, the Staff Rules and the Manual. The Regulations are supplemented by the Rules, which are elaborated on in the Manual. There is therefore a hierarchy under which the Rules may not derogate from the Regulations, nor the Manual from the Rules." A provision in the Manual which restricts the scope of a Staff Rule which neither expressly nor by implication provides for such exclusion "is at odds with the principle of the hierarchy of rules and must therefore be treated as void."
Reference(s)
Organization rules reference: ARTICLE 1050.4 OF THE PAHO STAFF RULES
Keywords:
precedence of rules; provision; staff regulations and rules;
Judgment 469
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Staff Rules provide both for automatic termination of contract and advance notice. The Tribunal has consistently found that a decision not to re-appoint is required, as well as notice before the prescribed date. "To interpret the rule as terminating the appointment automatically on the expiry date whether or not a notification was given would not only do violence to the text by rendering the provision for notification otiose, but would also be unreasonable and unfair [...]."
Keywords:
case law; contract; date; fixed-term; interpretation; non-renewal of contract; notice; organisation's duties; provision; staff regulations and rules;
Judgment 462
46th Session, 1981
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The possibility of obtaining a language allowance under certain conditions is not ordinarily a matter of decisive importance to a new recruit. It is therefore not an acquired right in the sense of the case law. A staff member may be said to acquire the right to the allowance under the terms of the rules in force at the time he earns it. Accordingly, the rules should not be changed so as to deprive officials of such a right arbitrarily.
Keywords:
acquired right; allowance; amendment to the rules; knowledge of languages; provision; staff regulations and rules;
Judgment 458
46th Session, 1981
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
The complainant sought the Director-General's approval, required under the material provisions, for him to to appeal directly to the Tribunal. Having received no reply within the time limit he had given, the complainant considered that the organization's silence was to be taken as consent. But the Director-General was not bound to answer the complainant by the deadline he had arbitrarily set. Furthermore, he did not ask for the Director-General's agreement until after the expiry of the time limit for addressing an appeal: he should therefore have expected a refusal. The complaint is clearly irreceivable.
Keywords:
acceptance; direct appeal to tribunal; executive head; failure to answer claim; provision; request by a party; staff regulations and rules; time limit;
Judgment 456
46th Session, 1981
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The purpose of Article VII, paragraph 3, of the Statute of the Tribunal is two-fold: a) to enable an official to defend his interests by going to the Tribunal when the administration has failed to take a decision; b) to prevent a dispute from dragging on indefinitely and from coming before the Tribunal at a time when the material facts have altered or can no longer be determined with certainty.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords:
direct appeal to tribunal; failure to answer claim; iloat statute; provision; purpose;
Judgment 446
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The absence of a reclassification plan, as provided for in the Staff Regulations, was not regarded by the internal appeals body as a lacuna nor did it prevent the Director-General from taking a decision on a request for a post reclassification. "If therefore there was a violation of the Regulations cited, it does not vitiate the decision impugned."
Keywords:
enforcement; flaw; lack of injury; post classification; provision; staff regulations and rules;
Judgment 444
46th Session, 1981
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Tribunal can intervene only in the event of non-compliance with the Staff Regulations or the terms of appointment.
Keywords:
competence of tribunal; contract; enforcement; provision; staff regulations and rules;
Judgment 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13(A)
Extract:
"A staff member may properly allege unfair treatment where general rules are not applied in the same way to all the staff members to which they are applicable, but he may not do so by comparing circumstances created by particular measures, such as agreements for the reappointment of particular officials. Such agreements will differ because the circumstances of each case differ, and there is no inequality of treatment."
Reference(s)
ILOAT Judgment(s): 404
Keywords:
application for review; difference; enforcement; equal treatment; individual decision; official; provision; reinstatement; staff regulations and rules;
Judgment 441
45th Session, 1980
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The International Patent Institute was integrated into the European Patent Organisation. The applicable provisions do not provide for the reimbursement of travel expenses. The abolition of the allowance, which was paid the complainant in the past and which was a considerable advantage for him, may have prompted him to accept his appointment. This suggests the breach of an acquired right. The complainant is entitled to the reimbursement of the cost of travel on home leave for himself and his family.
Keywords:
acquired right; allowance; amendment to the rules; discontinuance; home leave; merger; provision; refund; staff regulations and rules; terms of appointment; travel expenses;
Judgment 435
45th Session, 1980
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The dispute is between the complainant and the organization which employs him. [It must therefore be judged according to] the relevant terms of the contract and provisions of the Staff Regulations and Staff Rules. The provisions of municipal law are therefore irrelevant, and it is immaterial that the complainant is Swiss and that the accident [...] occurred on Swiss territory."
Keywords:
applicable law; contract; professional accident; provision; staff regulations and rules;
Judgment 429
45th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The right to impugn a decision subsumes the right to challenge the rule on which the decision is founded. But the Tribunal may not exercise as wide a power of review over the rule as over the decision taken under it."
Keywords:
competence of tribunal; complaint; decision; enforcement; judicial review; provision; staff regulations and rules;
Judgment 409
44th Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The principle is not of course that all staff members must be equally treated; this would mean the abolition of grades. The principle is that all staff members in similar circumstances must be similarly treated. When, as here, there is a change in the rules, the circumstances change and the principle does not apply."
Keywords:
amendment to the rules; equal treatment; general principle; limits; provision; staff regulations and rules;
Judgment 403
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"It is [...] generally accepted that the existence of a good and efficient staff association is essential to good staff relations and so is a concern of the administration. All organisations therefore have in their regulations a section [...] in which the ways of maintaining contact between the administration and the staff association are described."
Keywords:
freedom of association; organisation's interest; provision; staff regulations and rules; staff union;
Judgment 391
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"A right is acquired when he who has it may require that it be respected notwithstanding any amendments to the rules." Either of the following circumstances may give rise to an acquired right: a) "a right should be considered to be acquired when it is laid down in a provision of the Staff Regulations or Staff Rules and is of decisive importance to a candidate for appointment"; b) "a right will be acquired if it arises under an express provision of an official's contract of appointment and both parties intend that it should be inviolate."
Keywords:
acquired right; amendment to the rules; condition; contract; definition; provision; staff regulations and rules; terms of appointment;
Considerations 11 and 13
Extract:
The organisation imposed four days of unpaid leave on officials. The provisions which relate to exceptions and amendments to the Staff Regulations do not preclude the application of the provision respecting the amendment of contracts of employment, and upon which the organisation acted. This provision takes precedence over the text which enumerates the list of deductions.
Keywords:
amendment to the rules; contract; enforcement; provision; staff regulations and rules;
Consideration 6
Extract:
"A right will be acquired if it arises under an express provision of an official's contract of appointment and both parties intend that it should be inviolate. Thus not all rights arising under a contract of appointment are acquired rights, even if they relate to remuneration: it is of the essence that the contract should make express or implied provision that the rights will not be impaired."
Keywords:
acquired right; condition; contract; provision;
Judgment 381
42nd Session, 1979
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
A provision in the Staff Rules "expressly provides that the Director-General shall consult with his staff [...]. This makes it difficult to imply a further term requiring him not merely to consult but to negotiate".
Keywords:
collective bargaining; consultation; enforcement; organisation's duties; provision; staff regulations and rules;
Consideration 6
Extract:
The obligation put upon an employer to negotiate changes in salary may be a condition of the contract of employment, but it would have to be specifically expressed in the individual contract or very clearly implied. "Merely because the term is contained in a collective agreement, it cannot be deemed ipso facto to be incorporated in the individual contracts of all those affected by the collective agreement."
Keywords:
amendment to the rules; collective bargaining; contract; organisation's duties; provision; salary; terms of appointment;
Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
Vide Judgment 381, consideration 8.
Reference(s)
ILOAT Judgment(s): 381
Keywords:
collective bargaining; consultation; enforcement; organisation's duties; provision; staff regulations and rules;
Consideration 16
Extract:
Vide Judgment 381, consideration 6.
Reference(s)
ILOAT Judgment(s): 381
Keywords:
amendment to the rules; collective bargaining; contract; organisation's duties; provision; salary; terms of appointment;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 | next >
|
