Promise (327,-666)

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Keywords: Promise
Total judgments found: 55

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• Judgment 629

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

  Summary

  Extract:

  The Tribunal holds that on the evidence the supervisor did not break promises as alleged by the complainant in support of his claims: first of all, when assigning additional work to the complainant, his supervisor made no promise to him; furthermore, while he led the complainant to believe that he would suggest upgrading of his post, he appears to have done so. The claim for compensation fails.

  Keywords:

  post classification; promise; promotion;
  

  
  
  

• Judgment 506

  
  48th Session, 1982
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The organization adopted a more flexible approach in the application of the new rule: "Those [officials] appointed before the Finance Committee made its recommendation, who before had been informed of the possibility of qualifying for non-local status, or might have been, were still able to obtain such status despite the wording of the rule. There was strict application only to those appointed after the recommendation. The distinction between those appointed before and those appointed after rested on the fact that the former, unlike the latter, had or might have had the expectation of qualifying for non-local status some day."

  Keywords:

  amendment to the rules; appointment; date; difference; enforcement; equal treatment; legitimate expectation; local status; non-local status; practice; promise; provision; staff regulations and rules;
  

  
  
  

• Judgment 445

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

  Consideration 2

  Extract:

  The complainant maintains that his provisional acceptance of employment as a consultant was based on statements by three officials who acknowledged is right to participate in the Pension Fund from that time. There is no evidence of such statements. "The complainant has all the less reason to object to the absence of proof because at the material time the statements were made, it was open to him to ask the three officials to confirm in writing what they had said."

  Keywords:

  lack of evidence; participation; promise; unjspf; validation of service;
  

  
  
  

• Judgment 444

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

  Consideration 1

  Extract:

  Assurances were allegedly given that the complainant's temporary contract would be replaced by a fixed-term contract. This was done later than expected and the complainant suffered some financial loss. However, he does not prove that the assurance he allegedly received was anything more than an expression of hope and belief.

  Keywords:

  administrative delay; amendment to the rules; burden of proof; contract; duration of appointment; fixed-term; lack of evidence; promise; short-term;
  

  
  
  

• Judgment 421

  
  45th Session, 1980
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  the director can put himself under an obligation to exercise his authority in a particular way: by the establishment of a practice on which the staff come to rely; or by an announcement by administrative circular or otherwise that in the exercise of power the director proposes to follow a specified procedure. if the director promises expressly or implicitly not to exercise his authority except in a particular way, he can bind himself, at least temporarily, not to act except in that way. the tribunal has no jurisdiction to enforce such a promise unless it is one which is intended to have a contractual effect as between the organisation and the officials.

  Keywords:

  binding character; competence of tribunal; effect; executive head; practice; promise;
  

  
  
  

• Judgment 404

  
  43rd Session, 1980
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  The Director-General stated that he would inquire into the truth of the alleged assurances given to the complainant. "That was a conciliatory gesture, and it meant neither the continuation of her earlier appeal nor the introduction of a new one. [...] Since the action he intended was informal, [the Director-General] was under no duty to give the complainant an opportunity to comment on the outcome. That she was not allowed to give evidence in the course of the inquiry therefore constituted no breach of the right to a hearing."

  Keywords:

  contract; executive head; inquiry; investigation; promise; right to reply;
  

  
  
  

• Judgment 380

  
  42nd Session, 1979
  General Agreement on Tariffs and Trade
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 14

  Extract:

  To establish that there was a promise to negotiate, the complainants rely upon the facts and reasoning contained in an opinion given personally by the members of the Tribunal. In this opinion the members, who were not confined within the limits of the Tribunal's jurisdiction, reached the conclusion that the agreement recognised that there would be prior negotiation. "The Tribunal sees no reason to differ from this conclusion." The complainants have thus justified the foundation of their statements concerning their promise to negotiate.

  Keywords:

  advisory opinion; collective bargaining; competence of tribunal; iloat; promise; staff union agreement; tribunal;
  

  
  
  

• Judgment 360

  
  41st Session, 1978
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "The complainant alleges that he received a promise from the Director of personnel [...] at the time of his appointment. There is no need to question that official, who has now retired, to establish that no such promise was made." It appears from the complainant's correspondence that he "merely discussed the question of acquisition of pension rights in the hope that the competent bodies would take a decision in his favour. No trace is to be found of any real promise. Had the complainant been given one, he would presumably have produced it."

  Keywords:

  evidence; lack of evidence; pension; pension entitlements; promise; terms of appointment; transfer of pension rights;
  

  
  
  

• Judgment 267

  
  36th Session, 1976
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  The complainant had reached retirement age and his employment was not extended by the Director-General. "[I]t does not appear from the dossier that on his return to headquarters the complainant was promised any further appointment." Nor did the material letter "imply any such promise, particularly since it was not addressed to the complainant."

  Keywords:

  age limit; consequence; contract; evidence; headquarters; lack of evidence; offer; promise; retirement; transfer;
  

  
  
  

• Judgment 228

  
  32nd Session, 1974
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  After working under a P.5 contract, the complainant accepted a P.4 mission on condition that his post would be upgraded to P.5. The organization had clearly informed him that the upgrading of his post would depend on the results of an administrative procedure; "it could not promise and had in fact never promised any positive outcome"; it "kept the complainant informed of the steps taken under the procedure and of developments. [The complainant] cannot therefore properly contend that the organization showed bad faith towards him."

  Keywords:

  acceptance; amendment to the rules; condition; contract; downgrading; good faith; grade; offer; post classification; promise; promotion;
  

  
  
  

• Judgment 190

  
  28th Session, 1972
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The minutes in question "merely show the organization's wish to find some means of retaining the complainant's services after the expiry of his appointment [...] and the attempts made to that end. They contain no promise either of a further extension or of a new appointment, still less any commitment." The complainant "could not justifiably rely on the [...] assurances [...] given to him by certain officials" in respect of an extension.

  Keywords:

  contract; evidence; fixed-term; lack of evidence; non-renewal of contract; offer; promise;
  

  
  
  

• Judgment 178

  
  26th Session, 1971
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complainant maintains that she accepted the post only on the promise that it would shortly be graded G.6 and that the job description was marked "proposed G.6". But the complainant, who relies on mere promises or proposals, cannot claim any right to have her post regraded G.6. in the course of the general review of the grading of posts to align the organisation's classifications with those of the United Nations, the Secretary-General was "not bound by any prior legal obligation towards the complainant."

  Keywords:

  good faith; grade; organisation's duties; post classification; post description; promise; promotion; terms of appointment;
  

  
  
  

• Judgment 121

  
  20th Session, 1968
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "The correspondence on which the complainant relies as indicating the probability of renewal does not amount to a promise or make the renewal a matter of good faith."

  Keywords:

  contract; evidence; extension of contract; fixed-term; good faith; lack of evidence; non-renewal of contract; offer; promise;
  

  
  
  

• Judgment 71

  
  12th Session, 1964
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The letter in question took note of the complainant's application and confined itself to reminding him that, before the discussions embarked upon could reach a definite conclusion, he should send his personal history. "The firm offer of a contract was therefore made subject to the receipt of this personal history, which was required in order to enable the organization to determine finally whether to make such an offer." The actual wording of the letter clearly implied that no contractual relationship yet existed and that no promise of a contract had been made.

  Keywords:

  condition; contract; offer; promise;
  

  
  
  

• Judgment .13

  
  Sessions of the Administrative Tribunal of the League of Nations, 1946
  League of Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  amendment to the rules; delay; interpretation; promise; receivability of the complaint;
  

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