Period (287,-666)
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Keywords: Period
Total judgments found: 58
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Judgment 2230
95th Session, 2003
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The complainant claims that a payment made to him by mistake should not have been recovered from him three years later. "While it is a general principle of law that lapse of time may extinguish an obligation, the complainant has not cited any provision relative to recovery of overpayments [...] establishing a prescriptive period beyond which the undue payments may no longer be recovered."
Keywords:
definition; discontinuance; general principle; payment; period; provision; recovery of overpayment; request by a party; right;
Judgment 2226
95th Session, 2003
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
The complainant was reassigned from one day to the next. "Considering the complainant's length of service (12 years with the organization), the absence of any report of misconduct or unsatisfactory performance on his part, or any indication of urgency that might have justified a sudden, unheralded management decision to reassign him, the action of the Director-General was flawed by procedural irregularity."
Keywords:
decision; executive body; executive head; flaw; lack of evidence; misconduct; notice; organisation; period; procedural flaw; reassignment; report; satisfactory service; unsatisfactory service; work appraisal;
Judgment 2214
95th Session, 2003
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(B) and (C)
Extract:
The complainant asked for the payment of the expatriation allowance provided for in Article 72 of the EPO's Service Regulations. The Tribunal gave "a definition of permanent or continuous residence". While this requires actual long-term presence in the country concerned, it does not necessarily exclude another residence. In judgment 1099 the Tribunal held that in order to establish whether the complainant met the condition of 'continuous residence' in the country of his duty station for at least three years prior to being recruited by the Office, it was necessary to determine whether there were "objective and factual links with that country". It added that: "what matters is that the complainant had to live, and did live [in that country]". It was not important to know whether the complainant had paid taxes there or whether, at the same time, he kept a home address at his former place of residence (see Judgment 1099, under 8). The status of the residence is not relevant either (see Judgment 1150). It is clear from the case law when residence must be deemed to have been interrupted, within the meaning of Article 72 of the Service Regulations. It is not sufficient for the person concerned to have stopped living in a particular country; he must in addition have intended to leave the country for some length of time."
Reference(s)
Organization rules reference: ARTICLE 72 OF THE SERVICE REGULATIONS FOR PERMANENT EMPLOYEES OF THE EUROPEAN PATENT OFFICE
ILOAT Judgment(s): 1099, 1150
Keywords:
appointment; assignment; case law; condition; definition; duty station; iloat; judgment of the tribunal; non-resident allowance; period; place of origin; provision; request by a party; residence; staff member's duties; staff regulations and rules; tax;
Judgment 2172
94th Session, 2003
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 20-21
Extract:
The organisation extended the complainant's probationary period and transferred her following an unfavourable performance appraisal report. She submits that her supervisors failed to observe the procedure for the completion of performance appraisal reports. The Tribunal considers that "even if her supervisor appeared to follow the proper procedure by sending her the appraisal report [...] before the second-level supervisor had signed it, in order for the procedure to be meaningful, the second-level supervisor should not have written her comments until the complainant's supervisor had answered the memorandum [in which the complainant contested her appraisal]. The process is not a dialogue if one party does not listen to another. in this case, the complainant's supervisor did not consider the complainant's comments when preparing the evaluation. The evidence thus supports the complainant's allegation that the proper procedure was not followed [...] the decision to extend the probationary period was based on a flawed appraisal and the complainant should have been confirmed in her post."
Keywords:
breach; consequence; decision; different appraisals; extension of contract; mistake of fact; performance report; period; post; probationary period; procedural flaw; procedure before the tribunal; reply; supervisor; transfer; unsatisfactory service; work appraisal;
Judgment 2130
93rd Session, 2002
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
The relief sought by the complainant is that he be granted special leave with pay for the months of November 1999, December 1999 and January 2000. He "was informed that his appointment would be terminated as of 24 December 1999. He does not dispute that he was paid up to that date. Obviously, he cannot claim special leave with pay for any period during which he received his regular salary. Equally obviously, from 24 December 1999 to the end of January 2000, he was no longer on the staff and there can be no basis to his claim for special leave, with or without pay."
Keywords:
date; period; refusal; request by a party; salary; separation from service; special leave; status of complainant;
Judgment 2129
93rd Session, 2002
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The Organization's Regional Office was transferred from Brazzaville (Congo) to Harare (Zimbabwe). The amount of the per diem the complainants were paid was progressively reduced. "Since the travel per diem is merely intended to cover the essential expenses of a staff member on duty travel, including lodging and food, a high rate of travel per diem cannot be justified where duty travel, which by nature implies that the staff member will continue to work primarily at his or her original duty station, lasts for two years or more."
Keywords:
allowance; amount; assignment; compensatory allowance; compensatory measure; extension of contract; official; payment; period; place of origin; purpose; rate; reduction of salary; transfer; travel expenses;
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 2057
91st Session, 2001
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"As the Tribunal found in Judgment 1682, confirming the precedent in Judgment 1329 [...], a line of argument cannot be entertained that would allow appeals to lie sine die against past decisions in a matter as delicate as the setting and periodic adjustment of staff pay."
Reference(s)
ILOAT Judgment(s): 1329, 1682
Keywords:
adjustment; case law; decision; period; receivability of the complaint; salary; scale;
Judgment 2007
90th Session, 2001
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Under the provisions [of the Staff Regulations], a contract may be terminated for unsatisfactory performance only after the employee has been served with a formal written warning allowing him or her three months to improve. That period which essentially aims at allowing the employee concerned enough time as may be constructively used to correct mistakes, make good shortcomings and improve both behaviour and working relations with other staff members must cover an effective period of three months during which the employee must be in a position to perform his or her duties correctly and to make full use of his or her abilities. The Tribunal considers that in this instance the complainant was not in such a position."
Keywords:
duty to inform; evidence; injury; medical fitness; notice; period; qualifications; termination of employment; unsatisfactory service; warning; work appraisal;
Judgment 1881
87th Session, 1999
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 20-21
Extract:
"The organization argues that the supervisor's unflattering comments to the Reports Board concerning the complainant 'had nothing to do with the quality of his work during the period being reviewed by the Board'. Even if it were true, the submission is beside the point. Prejudicial comments made to a body advising the decision-maker by one of the parties to a dispute are often irrelevant to the actual substance of the dispute. They are nonetheless prejudicial. If such comments are made, an opportunity must be given to the other party to respond to them. By failing to do this the Reports Board breached its duty of fairness. The report of the Reports Board being vitiated, the decision of the Director-General which is based upon such report cannot stand and must be quashed."
Keywords:
adversarial proceedings; bias; equity; flaw; injury; performance report; period; procedural flaw; supervisor; work appraisal;
Judgment 1817
86th Session, 1999
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"Poor performance does not warrant ending a probationary appointment unless there is not some hope of reasonably early improvement, usually by the expiry of the probation."
Keywords:
condition; period; probationary period; termination of employment; unsatisfactory service; work appraisal;
Judgment 1736
85th Session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Of course the first report should have been done earlier and the complainant is right enough to cite Rule 540.1. but [...] he was himself largely to blame for the delay, not having filled up the report form until [a given date]. Besides, his second- level supervisor had told him orally, before putting it in the report, that he was not cooperative enough. It is plain on the evidence that he knew full well that his performance had been found wanting; so he may not properly argue that he was told too late to be able to improve."
Reference(s)
Organization rules reference: STAFF RULE 540.1
Keywords:
complainant; date; delay; duty to inform; liability; performance report; period; staff regulations and rules; work appraisal;
Judgment 1682
84th Session, 1998
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The decisions taken by the [Organisation] each year on pay fully supersede earlier ones. In entertaining challenges to individual decisions on the complainants' pay [...] the Tribunal will look at the latest decision [...] on pay scales."
Keywords:
adjustment; complaint; decision; general decision; individual decision; period; receivability of the complaint; salary; scale;
Judgment 1641
83rd Session, 1997
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7(a)
Extract:
The Flemming principle "demands that, so far as can be, pay in the international civil service should stay on a par with the best pay on the local market. Since for the time being there is neither a continuing survey nor a new one interim adjustment answers the purpose of Flemming. Yet [...] it is not at odds with that purpose to make the adjustment for the last period retroactive in the light of the findings of the general survey. During that period, which is short, the idea of interim adjustment is not discarded but the grant of it simply made subject to other conditions."
Keywords:
adjustment; condition; flemming principle; general service category; inquiry; investigation; period; purpose; salary; scale;
Judgment 1548
81st Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
The grounds for non-renewal being deterioration from 1990 in the complainant's performance and conduct, "the burden is on the Organization to show that its decision rested upon proper appraisal of the complainant's performance. [...] All the reports up to September 1990 having been satisfactory, the Organization's failure to have proper appraisal reports made since then is a flaw in the decision."
Keywords:
breach; burden of proof; conduct; contract; decision; different appraisals; flaw; non-renewal of contract; organisation's duties; performance report; period; procedural flaw; rating; unsatisfactory service; work appraisal;
Judgment 1127
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant's appointment was terminated after probation. She objects to the administration's making out a supplementary probation report on her and extending - without so advising her - the period she was to spend on probation in breach of the Regulations. The pleas fail. "The probation report required by Article 36(2) [of the Staff Regulations] need not be a single document but may comprise several, even if they are made out at different dates." As to the length of her probation, it was the complainant herself who asked for the extension and it was not, in the circumstances, to her detriment.
Reference(s)
Organization rules reference: ARTICLE 36(2) OF THE EUROCONTROL STAFF REGULATIONS
Keywords:
extension of contract; formal requirements; lack of injury; period; probation report; probationary period; termination of employment; unsatisfactory service;
Judgment 959
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was in "breach of Articles 1.1, 1.2 and 1.5 of the ILO Staff Regulations, which prohibit the carrying out of instructions from any external authority, the acceptance of fees and engaging in outside occupations in general without the consent of the Director-General. What is more, and contrary to the complainant's contention, that prohibition holds good during periods of leave as well." [The complainant took up employment with UNICEF before the end of his appointment with the ILO.]
Reference(s)
Organization rules reference: ARTICLES 1.1, 1.2 AND 1.5 OF THE ILO STAFF REGULATIONS
Keywords:
annual leave; concurrent employment; period; staff member's duties;
Judgment 945
65th Session, 1988
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Article R II 4.35 of the ESO Staff Regulations, which provides that "the first period of home leave shall be granted during the second year of service and the subsequent periods every alternate year thereafter", is deemed by the Tribunal to mean that "the right to home leave is confined in every case to a single year, i.e. the second, fourth and each succeeding even-numbered year of service."
Reference(s)
Organization rules reference: ARTICLE R II 4.35 OF THE ESO STAFF REGULATIONS
Keywords:
home leave; interpretation; period; provision; staff regulations and rules;
Judgment 920
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"It is clear form the evidence before the Tribunal that the complainant's objections to the report are unfounded. He knew already, because [his supervisor] had often told him, that his performance was considered poor. The period covered by the report was not too short because the minimum period a report may cover is three months."
Keywords:
performance report; period; rating; rebuttal; unsatisfactory service;
Judgment 919
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant's "objections to the reckoning of his output are unsound. Not only is a search examiner required to produce a steady output of work, but the output expected of him was reckoned according to the period covered by the report. There is therefore no reason why the report period should not be five months, even if the more usual period is a year."
Keywords:
output; performance report; period; rebuttal; work appraisal;
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