Purpose (627,-666)
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Keywords: Purpose
Total judgments found: 134
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Judgment 2366
97th Session, 2004
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
"It is clear from Judgments 1560, 2112, 2201, and 2213 that a decision becomes binding on an organisation only when it is notified to the official concerned in the prescribed manner or in some other manner that gives rise to an inference that it was intended to notify the official of the decision."
Reference(s)
ILOAT Judgment(s): 1560, 2112, 2201, 2213
Keywords:
binding character; case law; condition; decision; difference; formal requirements; official; organisation; organisation's duties; purpose;
Judgment 2362
97th Session, 2004
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"By virtue of successive short-term contracts and extensions thereof, [the complainant's] service lasted for four years. The series of extensions and the grant of pension coverage and other benefits did not signify a change in her original status. Staff Rule 3.5(a) [...] cannot be invoked by her as proof that her appointment had been converted to fixed-term. While this provision ostensibly bestows on her 'the terms and conditions of a fixed-term appointment', it would be stretching the intent and signification of the provision to make the complainant a fixed-term official (see Judgment 1666). Had that been the purpose of the Rule, it would have explicitly so provided instead of stating that 'the terms and conditions of a fixed-term appointment [...] shall apply to [the official concerned]'. The complainant was recruited as a short-term official and remained one at all times."
Reference(s)
Organization rules reference: Staff Rule 3.5(a) of the Rules Governing Conditions of Service of Short-Term Officials
ILOAT Judgment(s): 1666
Keywords:
amendment to the rules; commutation; contract; evidence; extension of contract; fixed-term; fringe benefits; fund membership; interpretation; official; period; provision; purpose; short-term; staff regulations and rules; status of complainant; successive contracts; terms of appointment; unjspf;
Judgment 2356
97th Session, 2004
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"[T]he payment of [a] special post allowance [...] is meant to financially reward a staff member for carrying out duties of a higher-level post, and the complainant is mistaken when she equates the payment with a positive assessment of her work."
Keywords:
definition; grade; official; payment; post; purpose; satisfactory service; special post allowance; work appraisal;
Judgment 2352
97th Session, 2004
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
The complainant's post was abolished and his appointment terminated. "It is clear from the [applicable] provisions that [...] the Staff Committee had to be consulted before the decision was taken to terminate the complainant's appointment. The purpose of consulting an advisory body, prior to terminating an official's appointment, is to allow that body to ensure that all the conditions for taking such a step are met, with a view to submitting a recommendation to the executive head. The Tribunal takes the view that it is established, by the evidence [...], that the Staff Committee was indeed consulted regarding the suppression of the [complainant's] post [...]. However, it considers that the Committee was not formally consulted with regard to the intention to terminate the complainant's appointment. [...] As the impugned decision was taken in breach of the applicable rules, it must be held unlawful and the Tribunal need not rule on the complainant's other pleas."
Reference(s)
Organization rules reference: Staff Regulation 12(a), Staff Rule 12.1(a) and Staff Circular No. 142
Keywords:
abolition of post; advisory body; advisory opinion; breach; condition; consequence; decision; due process; executive head; flaw; formal requirements; organisation's duties; post held by the complainant; provision; purpose; recommendation; staff regulations and rules; termination of employment; written rule;
Judgment 2315
96th Session, 2004
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 22-23
Extract:
"There are two aspects to the rule against retroactivity. The first is a rule of interpretation which requires that a provision not be construed as having retroactive effect unless that is clearly intended. The second is a substantive rule of international civil service law which, as explained in Judgment 1589, prevents a retroactive change in the legal status of staff save in limited circumstances [...]. However, to state the rule in this way is not to expose what is meant by 'retroactive'. In general terms, a provision is retroactive if it effects some change in existing legal status, rights, liabilities or interests from a date prior to its proclamation, but not if it merely affects the procedures to be observed in the future with respect to such status, rights, liabilities or interests."
Reference(s)
ILOAT Judgment(s): 1589
Keywords:
amendment to the rules; case law; collective rights; condition; consequence; date; definition; effect; exception; general principle; international civil service principles; interpretation; non-retroactivity; official; organisation's interest; procedure before the tribunal; provision; publication; purpose; right; staff member's duties; staff member's interest;
Judgment 2312
96th Session, 2004
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant asserts that she was not given reasons for the decision not to renew her contract prior to the decision being taken. [...] The right to receive written reasons [...] implies the right to be given detailed reasons for a decision once it has been made, not prior to its making. This right ensures that an appeal can properly be taken from that decision."
Keywords:
condition; consequence; contract; date; date of notification; decision; grounds; non-renewal of contract; purpose; right; right of appeal;
Judgment 2278
96th Session, 2004
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"As the titular head of the very administration whose conduct is being called into question, the President of the Office must be scrupulous in the performance of his function as final decision-maker in internal appeals. It is his duty not only to be fair and objective; his conduct must also make it manifest that he has been so. It is not enough to state, as the President appears to do in the impugned decision, that he thinks the administration has put forward the better case. That is not a reason but a conclusion. The internal appellate process is designed and intended to provide fair, satisfactory and rapid resolution of staff grievances in international organisations."
Keywords:
bias; decision; duty to substantiate decision; executive head; internal appeal; organisation's duties; purpose; safeguard;
Judgment 2232
95th Session, 2003
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The complainant, who had been the Organisation's Director-General, impugns the decision to terminate his appointment. The Organisation raises an objection to receivability because the matter was not referred to the Appeals Council. "In the present case, that procedure was not and clearly could not have been followed. Indeed, it is hard to imagine how the Director-General, stripped of his functions, could have appealed to the Appeals Council established under his own authority, against a decision of the Conference of the States parties, with a view to obtaining a final decision by the new Director-General. [...] An appeal to the Appeals Council was inconceivable, and the impugned decision was clearly a final decision - within the meaning of Article VII of the Tribunal's Statute [...] in that situation, a direct appeal to the Tribunal [...] was clearly the only remedy available to the complainant."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
absence of final decision; competence; decision; direct appeal to tribunal; executive body; executive head; grounds; iloat statute; internal appeal; internal appeals body; member state; procedure before the tribunal; purpose; rebuttal; receivability of the complaint; termination of employment;
Judgment 2228
95th Session, 2003
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The Staff Committee, which is a statutory body of the organisation, made the facilities derived from its access to the organisation's internal electronic mail system available to the Staff Union. Its access to the system was withdrawn. "The organisation [submits that] the facilities offered to the Staff Committee cannot be made available to the Staff Union without creating confusion with regard to the attribution of roles and responsibilities, even if those in charge of one of these bodies are also, or may be, in charge of the other. This does not mean to say that the unions should not be provided with certain facilities by the organisations. On the contrary, their freedom of expression should not be hampered, as indicated by the Tribunal in Judgment 1547, [...] and unions must clearly be provided with sufficient facilities, within the framework of negotiated agreements or, if need be, administrative regulations, to enable them to carry on their activities. It is legitimate, however, for the organisation to ensure that the facilities made available to a body officially representing the staff as a whole are not misused for the benefit of a union, or any other body having its own assets and representing only part of the staff."
Reference(s)
ILOAT Judgment(s): 1547
Keywords:
administrative instruction; case law; collective bargaining; facilities; freedom of speech; grounds; liability; limits; organisation's duties; purpose; refusal; staff representative; staff union; staff union activity; staff union agreement; written rule;
Consideration 11
Extract:
The Staff Committee's access to the organisation's internal electronic mail system was withdrawn after the organisation made an objection on technical grounds following the mass distribution of documents. "The Staff Committee is responsible for [...] maintaining "suitable contacts between the competent administrative authorities and the staff", which necessarily implies the availability of adequate means of communication within the organisation... Nevertheless, the incident mentioned by the [organisation] involving the mass distribution of a union report [...] shows that some degree of control is necessary, without jeopardising the Staff Committee's freedom of expression and speech."
Keywords:
acceptance; consequence; facilities; freedom of speech; liability; official; organisation; publication; purpose; rebuttal; refusal; report; staff union;
Judgment 2129
93rd Session, 2002
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The complainants [state] that, according to the Tribunal's case law (see Judgment 1821, for example), adjustments to international civil servants' salaries must satisfy objective criteria of stability, foreseeability and transparency. The Tribunal considers that this line of precedent - concerning the determination of staff salaries, which is necessarily governed by very strict rules - is not entirely applicable to the determination of allowances granted for a specific purpose, such as that of covering expenses incurred by staff members on travel status. Even if it claims to be acting in the exercise of its discretion, and although the legal framework surrounding its action remains vague or non-existent, the administration must base its decisions on objective considerations and avoid breaching any of the guarantees protecting the independence of international civil servants."
Reference(s)
ILOAT Judgment(s): 1821
Keywords:
adjustment; allowance; analogy; breach; case law; compensatory allowance; compensatory measure; criteria; decision; discretion; duty to substantiate decision; grounds; independence; no provision; official; official travel; organisation's duties; purpose; safeguard; salary; travel expenses; written rule;
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 2120
93rd Session, 2002
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant assumes that the provisions of a notice issued by the Organisation's secretariat, being subordinate legislation, are incompatible with the corresponding provisions of the primary legislation, namely the Staff Rules. The Tribunal considers that the notice "does not merely implement or clarify the Staff Rule; it purports to extend its reach substantially. It cannot stand."
Keywords:
administrative instruction; condition; definition; difference; enforcement; limits; organisation; precedence of rules; provision; publication; purport; purpose; staff regulations and rules;
Judgment 2104
92nd Session, 2002
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Precedent says that there will be abuse of authority where the administration, though not overstepping its authority, uses it for some purpose other than those prescribed by law or, to put it more broadly, those that the general interest requires. A staff member who pleads misuse of authority, and the Tribunal that allows the plea, must be able to identify the improper purposes for which the authority (in this case the authority not to renew a short-term appointment) has been exercised."
Keywords:
abuse of power; contract; definition; misuse of authority; non-renewal of contract; purpose; short-term;
Judgment 2074
91st Session, 2001
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant applied for a post but was not selected. "The complainant claims the right of preference which is accorded, when candidates are equally competent, to internal applicants [...] In view of its objective, which is to secure the best possible employees for an organisation, equality of competence applies to all the abilities required of an employee, both professional and personal. The Secretary-General did not overstep his discretionary authority by concluding that the overall aptitude of the candidates was not equal. The plea must therefore fail."
Keywords:
candidate; competition; condition; discretion; executive head; internal candidate; no cause of action; organisation's interest; purpose; qualifications; refusal; right;
Judgment 2032
90th Session, 2001
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"One of the purposes of staff assessment is surely to put the organisation in funds to protect its employees against States which refuse to recognise their tax-exempt status."
Keywords:
member state; official; privileges and immunities; purpose; refund; refusal; salary; staff assessment; tax;
Judgment 1977
89th Session, 2000
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The complainant asserts that the Ad Hoc Panel failed to give reasons for its opinion because it did not give a reasoned reply to his assertion that it had been improperly constituted. The argument is ill conceived. The obligation of a disciplinary body to give reasons for its opinions is limited to the disciplinary matters remitted to it. The reason is so that the person subjected to a disciplinary measure may know why a penalty is being imposed upon him and may, if he thinks appropriate, appeal against the decision. But an administrative body, such as the Ad Hoc Panel, has no power and hence no obligation to decide in any definitive way upon its own remit. Of course, it must listen attentively to any objections that are made to the effect that it is exceeding or is about to exceed its powers and must take a position on such objections by either continuing to act or changing its course of action. But in the final analysis, the decision as to whether such a body is acting within its powers or beyond them must lie elsewhere and a person in the complainant's position suffers no prejudice from its failure to give reasons for declining to accede to his objections."
Keywords:
abuse of power; advisory body; composition of the internal appeals body; disciplinary procedure; duty to substantiate decision; misconduct; misuse of authority; purpose; report;
Judgment 1880
87th Session, 1999
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"According to precedent [...] (see Judgments 1094 [...] and 1095 [...]), coverage at the rate of 100 per cent does not mean that in all circumstances an insured person is entitled to full repayment of expenses incurred. [T]o allow the [sickness] fund not to reimburse the part of the expenses deemed to be excessive is in keeping with the purpose of sickness insurance and it is a means of ensuring sound financing and comparable coverage for the beneficiaries, and as such falls within the authority delegated to the Director General. The reimbursement of expenses can be restricted by setting maximum limits or ceilings for certain types of expenditure or by reckoning limits for each case on the basis of costs incurred."
Reference(s)
Organization rules reference: ARTICLE 72 OF EUROCONTROL STAFF REGULATIONS
ILOAT Judgment(s): 1094, 1095
Keywords:
case law; health insurance; illness; insurance; limits; maximum limit; medical expenses; purpose;
Judgment 1820
86th Session, 1999
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Where a rule is cast in more than one official language and no one version is to prevail, all versions shall be deemed to bear the same meaning and the right construction shall be the one that respects the draftsman's intent and best reconciles them". The Tribunal cites the case law.
Keywords:
authentic version; case law; interpretation; purpose; subsidiary; written rule;
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;
Consideration 7(c)
Extract:
"Though an organisation must observe acquired rights and keep binding promises, it has broad discretion to amend its Staff Regulations either directly or by incorporating the rules of the common system. In the present economic context and if, like many others, it is in financial straits, it may want to cut costs. There is nothing wrong with the common system's having rules that enable it to do so."
Keywords:
acquired right; amendment to the rules; budgetary reasons; coordinated organisations; discretion; limits; organisation; organisation's duties; organisation's interest; promise; purpose; reduction of salary; staff regulations and rules;
Consideration 7(a)
Extract:
Preserving accrued benefits is not the aim of the Flemming principle: "it requires no more than alignment with the best conditions at the duty station."
Keywords:
acquired right; adjustment; flemming principle; purpose; salary; scale;
Judgment 1618
82nd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The purpose of the rule in Article 38 of the Service Regulations is such that "the need for further consultation would be understandable if the proposals had been so radically amended as to be really new ones."
Reference(s)
Organization rules reference: ARTICLE 38 OF EPO SERVICE REGULATIONS
Keywords:
advisory body; consultation; interpretation; purpose; staff regulations and rules;
Judgment 1616
82nd Session, 1997
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The mere remittance of pay does not meet the requirement of notice "unless the parties to the contract of service agree that the employee should not work out the period of notice or the Organisation puts him on special leave during that period. Failing those exceptions the employee must be given actual notice so that he may make proper arrangements for leaving and possibly look for another job. It is inadmissible that any official, let alone an established one, should be told of dismissal on the very day on which it takes effect and left to his own devices without further ado."
Keywords:
compensatory allowance; contract; effect; exception; notice; organisation's duties; permanent appointment; purpose; special leave; staff member's interest; termination of employment;
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