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Period (287,-666)

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Keywords: Period
Total judgments found: 58

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  • Judgment 862


    63rd Session, 1987
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Suspension is temporary repeal: while in force it makes the text void. What distinguishes it from repeal is that it is not final, its purpose being to provide against some temporary contingency, and it need only be lifted for the text to come into force again. But repeal is final and once a text has been repealed the law-maker has to adopt a new one to bring the provisions back into effect."

    Keywords:

    binding character; difference; effect; enforcement; period; provision; provisional measures; staff regulations and rules; suspensive action; written rule;



  • Judgment 630


    54th Session, 1984
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The complainant argues that the unfair treatment lies in her being kept idle for so long. Accordingly the time limit for filing an appeal did not begin on the date on which her supervisor decided, while keeping her on her post, to give her no more work: the injury occurred only with the passage of time. Thus, although it was only after being kept idle for a considerable lapse of time that the complainant appealed to the Director-General, and then to the Tribunal, for compensation for the injury she alleged, her claims are not time-barred and her complaint is receivable."

    Keywords:

    compensation; complaint; date; executive head; iloat; injury; internal appeal; period; post; receivability of the complaint; refusal to assign work; request by a party; start of time limit; supervisor; time bar;



  • Judgment 607


    52nd Session, 1984
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    The Director-General's decision to refuse the complainant sick leave is quashed. The duration of sick leave "may be determined only after medical inquiry. But the Tribunal will not order the submission of further evidence. When Unesco comes to execute this judgment the parties should be able to reach agreement [...] Failing that, the complainant may always come before the Tribunal again."

    Keywords:

    expert inquiry; medical examination; period; sick leave;



  • Judgment 497


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant maintains that in an American university an academic year consists of the time taken to complete the courses prescribed for a scholastic year; it is open to the student, she says, to take four, five or six terms instead of the customary three. "The Tribunal on the other hand considers it to be beyond doubt that the regulation [providing for an education grant] refers to a scholastic year not exceeding twelve months."

    Keywords:

    allowance; education expenses; period;



  • Judgment 479


    47th Session, 1982
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    Under the rules reasonable medical expenses should be reimbursed. The complainant asks the Tribunal to declare that he is entitled to reimbursement of expenses as long as his condition requires. No formal declaration is required. "If the complainant presents his claims as they arise and they are within the rule, there is no reason to suppose that they will not be met."

    Keywords:

    health insurance; invalidity; medical expenses; period;



  • Judgment 460


    46th Session, 1981
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "[Benefits and allowances] appear to fall into two groups: a) benefits and allowances which are permanent or at least payable over a fairly lengthy period, such as the residence allowance, allowance for dependants, education benefit, expatriation allowance and language allowance; b) temporary benefits and allowances, payable for a limited period, such as the installation benefit, overtime pay [...] and pay for shift work".

    Keywords:

    allowance; difference; period;



  • Judgment 445


    46th Session, 1981
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant maintains that the fact of his having begun the probationary period at the beginning of his consultancy contract conferred on him the right to participation in the pension fund. But the probationary period and pensionable service do not necessarily coincide. The complainant was treated as a probationer from the material date because a provision of the Staff Rules stipulated that service prior to appointment could be credited towards completion of probation. The provision does not rule out application of the rule disqualifying a consultant for participation in the fund.

    Keywords:

    contract; external collaborator; participation; period; probationary period; right; unjspf; validation of service;



  • Judgment 440


    45th Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant was appointed on 25 June for two years; the first 12 months were probationary. On 20 June of the following year he was informed that his appointment would be terminated on 24 July. The complainant contends that there was no reason to extend the probation period just in order to respect the requirement of one month's notice. The plea fails: the measure in question was not in breach of any provision of the Staff Rules and it was to the complainant's advantage, who in any case was not bound to accept it.

    Keywords:

    extension of contract; notice; period; probationary period; termination of employment;



  • Judgment 402


    43rd Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    As to loss of earning capacity on account of long-term invalidity, "there is no general principle by which compensation is restricted to the period of the employee's contract with the employer who is liable. It is quite usual for persons of pensionable age to seek further employment and there is no reason why a loss of earning capacity should not apply to that."

    Keywords:

    compensation; duration of appointment; incapacity; invalidity; material damages; period; professional accident; retirement; service-incurred;



  • Judgment 363


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "'May' makes it clear that the official whose duty it is to give or with hold approval is to apply his own judgement to the questions. [...] But the use of the word 'may' is quite inadequate to confer on the official a large and unbounded discretion so that, even where the conditions were manifestly fulfilled, he could for any other reason that appealed to him or for no reason given with hold the allowance." [At issue is a provision permitting the extension of installation-allowance payments.]

    Keywords:

    condition; discretion; extension of contract; installation allowance; limits; period;



  • Judgment 320


    39th Session, 1977
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The starting point for any criticism of [the first level supervisor's] judgment is that he is unable to explain the discrepancy between it and all the complainant's previous appraisal reports except upon the hypothesis that the latter were all wrong. This is highly unlikely. They extended over eleven years and came from seven [...] different representatives. [...] His evaluation of the complainant's work cannot be regarded as unbiased."

    Keywords:

    bias; different appraisals; flaw; period; supervisor; work appraisal;



  • Judgment 234


    32nd Session, 1974
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Judgment No. 195 ordered the payment of US $20,000 in respect of moral and material damage. The period comprising the delay in payment began one month after the notification of the judgment and ended on the date of payment. "The amount of compensation should be ascertained by taking the difference between the rates as quoted on the international exchanges on these two dates."

    Reference(s)

    ILOAT Judgment(s): 195

    Keywords:

    administrative delay; amendment to the rules; amount; exchange rate; injury; material damages; moral injury; payment; period;



  • Judgment 211


    30th Session, 1973
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant seeks a new certificate consisting of accurate and unbiased assessments of his work and official conduct and taking account of his entire performance record. "The relief is granted only on the ground that the evaluation in the certificate is [...] not based on the entire record. The certificate will be quashed in order that the Director-General may, if the complainant so requests, issue a new certificate on the correct basis."

    Keywords:

    certificate of service; flaw; period; work appraisal;



  • Judgment 197


    29th Session, 1972
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "There is no statutory provision or general rule of law that makes it mandatory for the organization to retain a staff member on probation in its service for at least a year if, before the year has expired, the competent authority has come to the conclusion that the staff member concerned is unsuitable for the post to which he was assigned."

    Keywords:

    organisation's duties; period; probationary period; termination of employment;



  • Judgment 169


    25th Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The period of probation "must be understood to mean not only the trial period prescribed by the contract of appointment but also any period by which the probation is expressly or tacitly extended".

    Keywords:

    extension of contract; period; probationary period;



  • Judgment 115


    18th Session, 1967
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "[I]t does not follow that failure to establish an annual report when it is due automatically confers the right to the award of a salary increment". (The applicable provision provides that the end of the period covered by the report should coincide with the date of the increment; this provision is not mandatory).

    Keywords:

    date; effect; increment; omission; organisation's duties; performance report; period;



  • Judgment 65


    11th Session, 1962
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    For the purpose of administrative decisions taken on the basis of and relating solely to a given reporting period, "there may be doubt as to whether an incident occurring prior to a given reporting period can be validly relied on in support of an evaluation of work and conduct during the reporting period, except insofar as it may be related to further events occurring within the reporting period."

    Keywords:

    decision; elements; performance report; period;



  • Judgment 10


    2nd Session, 1951
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7, 2(c) & (d); Decision

    Extract:

    The probation report only covered a two-month period and "can in no way be regarded as showing an effective and reasonable appreciation of official duties spread over a six months' period of service - an appreciation to which the probationer official was entitled by the very fact of the corresponding prolongation of the probationary period which had been imposed upon her and which she had accepted; it is [...] this report tainted by irregularities which, undeniably, exercised a determining influence on the whole of the subsequent procedure, including the decision" to dismiss her. The Tribunal annuls the decision impugned and "orders the reinstatement of the Complainant as a probationer official in the position she occupied at the moment that decision was taken".

    Keywords:

    flaw; period; probation report; probationary period; reinstatement; termination of employment; unsatisfactory service;

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