Acceptance (577,-666)
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Keywords: Acceptance
Total judgments found: 96
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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 227
32nd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant notified the organization of his intention to resign if he were not appointed to a suitable post. While inviting him to apply for suitable positions in the usual way, the organization said that in the absence of notification to the contrary it accepted his resignation. The complainant confirmed his resignation and thereby "deprived himself of the right to reinstatement in the organization in his former post or in any other."
Keywords:
acceptance; complainant; consequence; offer; organisation; resignation; separation from service;
Judgment 226
32nd Session, 1974
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
After the period of probation, the complainant was dismissed. "As to the claim for compensation, on which judgment was reserved in Judgment No. 194, the Tribunal considers that the sum [...] offered by the Director-General in his letter [...] is sufficient and therefore decides to award that sum to the complainant."
Reference(s)
ILOAT Judgment(s): 194
Keywords:
acceptance; amount; offer; organisation; probationary period; terminal entitlements; termination of employment; tribunal;
Judgment 225
32nd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
Under the material provision, a staff member may with the consent of the Director-General waive the jurisdiction of the internal body and appeal directly to the Administrative Tribunal. "[T]he Director-General's authorization of such waiver is a derogation from the normal procedure prescribed by the Staff Regulations and can properly be allowed only in exceptional cases which the Director-General himself shall determine. The Administrative Tribunal is not competent to waive the requirement that the complainant should first appeal to [the internal body]."
Keywords:
acceptance; competence of tribunal; direct appeal to tribunal; discretion; exception; executive head; internal remedies exhausted; receivability of the complaint;
Judgment 193
29th Session, 1972
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
None of the claims for compensation are sustainable "except as an element of damage flowing from some unlawful decision by the Director-General." In the present case, certain irregularities were committed and remedied; they were not of a character to invalidate the decision to transfer which the complainant did not contest at the time it was made. He also accepted a subsequent transfer. The complaint is dismissed.
Keywords:
acceptance; cause of action; flaw; lack of injury; no cause of action; purpose; transfer;
Judgment 158
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
As tendered by the complainant, his resignation was not in any way conditional. "Although he complains of having received no reply to his complaints and gives the submission of an appeal as the reason for his resignation, he does not indicate that the cessation of his service is intended to continue only for the duration of the appeals procedure." By accepting the complainant's resignation, the Director took a decision which was in no way contrary to the applicable rules.
Keywords:
acceptance; condition; grounds; resignation;
Consideration 2
Extract:
"[A]s his resignation was validly accepted, [the complainant's] claims for reinstatement and for damages in default of reinstatement are equally unfounded."
Keywords:
acceptance; refusal; reinstatement; resignation;
Judgment 146
23rd Session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant did not submit an appeal to the internal appeals body before filing his complaint with the Administrative Tribunal. "He had therefore failed to exhaust the internal procedure available to him before appealing to the Tribunal." The complainant did not obtain the Director-General's leave to appeal directly to the Tribunal as required by the applicable provision. His claims are dismissed.
Keywords:
acceptance; condition; direct appeal to tribunal; executive head; internal remedies exhausted; receivability of the complaint;
Judgment 123
20th Session, 1968
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In approving the complainant's application for repatriation grant, the organisation misinterpreted the regulations. Its approval was conditional. The complainant had to prove that he had made definite travel arrangements, but did not do so. "[T]he [organisation] did not violate any law by withdrawing its approval, given in error, before any action had been taken upon it and before the stipulated proviso had been fulfilled, and without any costs having been incurred by the complainant."
Keywords:
acceptance; allowance; condition; flaw; mistake of law; travel expenses; withdrawal of decision;
Judgment 106
17th Session, 1967
United International Bureaux for the Protection of Intellectual Property
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is established by the [evidence] that the change in [the complainant's] duties was the result of the reorganisation in some of the organisation's services [...] and that [he] freely accepted the post of chief of this new service, the real importance of which does not depend on whether it was of a permanent or temporary character. Hence [the] complainant's argument that the change in his situation [...] was not justified by the interests of the service and constituted downgrading is not well founded."
Keywords:
acceptance; assignment; organisation's interest; reorganisation; transfer;
Judgment 101
17th Session, 1967
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The fact that the organisation authorised publication in a law review by one of its officials of a commentary of purely scientific interest on a public judgment relating to [the complainant] is not open to criticism in any respect."
Keywords:
acceptance; organisation; publication; publication of judgment;
Judgment 84
14th Session, 1965
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The organization submits that the complaint is without cause and inadmissible on the ground that the complainant, having accepted the compensation fixed by the [internal appeals body] as an alternative to the offer of a [...] new post, cannot now contest the Director-General's decision to dismiss him. The Tribunal rejects this submission. There is nothing to show that the complainant accepted the compensation in full settlement of his claims and so he is not thereby precluded from contending that it is insufficient."
Keywords:
acceptance; terminal entitlements; termination of employment; waiver of right of appeal;
Judgment 65
11th Session, 1962
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The reference to the complainant's conduct was properly part of the record incorporating the appraisal report and was not objected to as such by the complainant, so that the Director-General could properly take notice thereof in deciding whether, in the light of the facts disclosed in the 1960 report and comments thereon, the complainant's appointment should be extended."
Keywords:
acceptance; complainant; conduct; contract; fixed-term; non-renewal of contract; performance report; unsatisfactory service;
Judgment 35
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Tribunal considered that the hearing of the witnesses as applied for by the complainant would be pertinent in the case and [...] the testimony on oath of [Messrs. X and Y] was received in public sitting on [date]".
Keywords:
acceptance; oath; oral proceedings; testimony;
Judgment 33
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The offer to pay the complainant compensation for the moral and material prejudice he suffered equivalent to six months' salary together with allowances has been maintained before the Tribunal; "the fact that the Director-General admitted the principle of granting compensation to the complainant in respect of the prejudice caused to him was such as to lead the complainant to file his complaint; [...] taking into account the particular circumstances of the case it appears justified that, as an exceptional measure, the complainant be granted compensation by way of participation in his costs."
Keywords:
acceptance; compensation; costs; exception; injury; material injury; moral injury; offer; organisation; settlement out of court; tribunal;
Judgment 28
6th Session, 1957
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (A)
Extract:
"The complainant, by accepting on several occasions and without reservation the payments made to him by the organisation [...], may be considered under general principles of law as having acquiesced in the actual offers which were made to him and as having relinquished the remainder of his claims."
Keywords:
acceptance; acquiescence; cause of action; compensation; no cause of action; offer; waiver of right of appeal;
Judgment 26
6th Session, 1957
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complaint is tardy and irreceivable. The complainant, recruited for one month, suffered an accident. "The [...] organization has offered, and maintained its offer in the course of the oral proceedings, to pay the complainant [a] sum [...] amounting to six weeks' salary in fulfillment of its obligations to the complainant. Notwithstanding the fact that the complaint is irreceivable [...], the Tribunal, [...] noting that such payment is offered to the complainant [by the organization], rejects the complaint."
Keywords:
acceptance; compensation; complaint; offer; organisation; professional accident; receivability of the complaint; service-incurred; time bar; tribunal;
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