Purpose (627,-666)
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Keywords: Purpose
Total judgments found: 134
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Judgment 1590
82nd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The rule that any decision adversely affecting a person shall state the grounds on which it was based requires "that he be aware of them so that he may - for one thing - challenge them on appeal. He may learn of them from some other document, or from prior proceedings, or orally, or even later in answer to his objections".
Keywords:
decision; duty to substantiate decision; organisation's duties; purport; purpose; staff member's interest;
Judgment 1525
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Consulting an advisory board before the Director-General takes a decision not to extend an appointment "is no idle formality: it is supposed to afford a means of working out a fair solution. In this case it offered the hope of redeploying someone with a long record of service.Several judgments have stressed the importance of advisory boards: see for example Judgment 352 [...], under 5."
Reference(s)
ILOAT Judgment(s): 352
Keywords:
advisory body; advisory opinion; contract; decision; non-renewal of contract; organisation's interest; patere legem; procedure before the tribunal; purpose; staff member's interest;
Judgment 1456
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The Tribunal will disregard documents produced by the parties on the preparatory work for the material rules. They are fragmentary and the scant information they contain is unlikely to prove helpful. "In construing the rules the Tribunal is bound to take an objective view and pay heed, in line with the method approved in international law, to their wording, context, purport and purpose."
Keywords:
admissibility of evidence; evidence; interpretation; interpretation of rules; purpose; submissions; written rule;
Judgment 1450
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"The decision is authoritative in the three official versions - English, French and German [...]. The EPO says that the German was the original in the preparatory work. But neither that nor the drafting of the complainants' contracts in German confers any greater authority on that version. In law there is but one decision, and the interpretation of it, which must be objective, must match its terms and purpose."
Keywords:
authentic version; decision; interpretation; language of rule; purpose; written rule;
Judgment 1444
79th Session, 1995
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Vide Judgment 1161, consideration 4.
Reference(s)
ILOAT Judgment(s): 1161
Keywords:
career; case law; discretion; executive head; extension of contract; probationary period; purpose; qualifications; separation from service; termination of employment;
Judgment 1420
78th Session, 1995
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The purpose of regular salary adjustments, which are a feature "of all international pay schemes under some name or another, is to maintain or restore parity in purchasing power between staff whatever their duty station may be. By refusing to ensure parity of pay by that means the council in fact discriminated against staff stationed in Munich. For that reason alone the Council's decision on this particular adjustment must be deemed invalid."
Keywords:
adjustment; duty station; equal treatment; purpose; salary;
Judgment 1418
78th Session, 1995
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The purpose of probation is to ensure that new staff members are the best qualified. So an organisation must be allowed the widest measure of discretion in the matter and its decision will stand unless the defect is especially serious or glaring. Moreover, where the reason for refusal of confirmation is unsatisfactory performance the Tribunal will not replace the organisation's assessment with its own."
Keywords:
discretion; judicial review; limits; probationary period; purpose; termination of employment; unsatisfactory service;
Consideration 6
Extract:
"According to the case law a decision not to renew a staff member's appointment is discretionary and will be set aside only if taken without authority or in breach of a rule of form or of procedure, or if based on a mistake of fact or of law, or if some essential fact was overlooked, or if clearly mistaken conclusions were drawn from the facts, or if there was abuse of authority. Those criteria hold good for any discretionary decision, but in reviewing a decision not to confirm the appointment of a probationer the Tribunal will be particularly cautious; otherwise probation would fail to serve as a period of trial."
Keywords:
case law; contract; discretion; judicial review; limits; non-renewal of contract; probationary period; purpose;
Judgment 1397
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The purpose of the dependant's allowance is to make sure that the dependant has sufficient resources to meet basic needs for such things as food, clothing and shelter. Accordingly, in determining whether the dependant's 'income' is not above a certain figure, account must be taken not only of receipts in cash but also of the value of benefits in kind whose effect is to reduce expenses."
Keywords:
condition; dependant; family allowance; purpose; reckoning;
Judgment 1376
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The purpose of Headquarters Board of Appeal's rules of procedure is "to promote the expeditious and orderly hearing of appeals, not to deprive appellants of any right of appeal conferred on them by the Staff Rules."
Keywords:
due process; internal appeal; internal appeals body; organisation's duties; purpose; right of appeal; staff member's interest; staff regulations and rules; time limit;
Judgment 1306
76th Session, 1994
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant is challenging the UPU's interpretation and execution of Judgment 1235 in which the Tribunal quashed the Director-General's decision confirming his refusal to appoint him to a specific post and offering him compensation for moral injury. "The award of moral damages affords him redress for the injury the Union's unlawful act caused him up to the date of Judgment 1235; it does not relieve the Union of remedying that unlawful act by reviewing the matter of his rights, and this time doing it properly."
Reference(s)
ILOAT Judgment(s): 1235
Keywords:
application for interpretation; execution of judgment; flaw; injury; judgment of the tribunal; moral injury; organisation's duties; purpose;
Judgment 1235
74th Session, 1993
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Although the Director-General is not of course bound to appoint the candidate the Committee puts first and has discretion in making the choice, the reasons for his decision must be stated so that the Tribunal may properly exercise its power of review."
Keywords:
appointment; candidate; competition; discretion; duty to substantiate decision; judicial review; limits; organisation's duties; promotion board; purpose;
Judgment 1231
74th Session, 1993
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 26
Extract:
As the Tribunal has often held "there must be objective grounds for abolition, which must not be used as a pretext for dislodging undesirable staff: see Judgments 334 [...], under 5; 523 [...], under 5; 756 [...], under 2; and 807 [...], under 16 and 17."
Reference(s)
ILOAT Judgment(s): 334, 523, 756, 807
Keywords:
abolition of post; abuse of power; case law; misuse of authority; organisation's duties; purpose; termination of employment;
Judgment 1223
74th Session, 1993
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 33 to 36
Extract:
The complainant, a Eurocontrol official, is challenging the rejection of his application to a post of head of division and the appointment of an external candidate to that post on the grounds that the decision was not substantiated. "Mutual trust between organisation and staff requires that in such circumstances the applicants should be properly informed of the decision and of the reasons for it. of course the content of the obligation [...] will depend on the sort of decision that has been taken. [...] The principle holds good: the organisation has a duty to state the reasons for the decision, that being an essential condition for proper defence of the official's rights. The staff member is therefore entitled to be given any information necessary for that purpose."
Reference(s)
ILOAT Judgment(s): 1016
Keywords:
competition; decision; duty to inform; duty to substantiate decision; organisation's duties; promotion; purport; purpose; refusal; right to reply;
Judgment 1183
73rd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The purpose of probation is to find out whether a probationer has the mettle to make a satisfactory career in the organization. The competent authority will determine [...] whether or not to confirm the appointment and must be allowed the utmost measure of discretion in deciding whether someone [...] shows, not just the professional qualifications, but also the personal attributes for the particular post in which he is to be working. Only where the Tribunal finds the most serious or glaring flaw in the exercise of the Director-General's discretion will it interfere."
Keywords:
career; discretion; flaw; judicial review; post; probationary period; purpose; qualifications;
Judgment 1127
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"The purpose of probation is [...] to determine whether the official is capable of performing satisfactorily 'assignments of a kind and degree of difficulty' that correspond to those he was recruited for." The complainant has failed to show that "the assignments she may have been given were in a different area of work or were of greater complexity and difficulty than those she was appointed to perform".
Keywords:
assignment; difference; lack of evidence; post description; probationary period; purpose;
Judgment 1125
71st Session, 1991
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"When [a] text is clear there is no call for any interpretation or, in particular, to take account of the draughtsman's purpose. Only where two provisions of the same text or two parallel texts are at variance will any attempt be made to reconcile them."
Keywords:
criteria; interpretation of rules; purpose;
Judgment 1054
69th Session, 1990
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
"The staff member needs to know the grounds for the decision* so that he can defend his rights and interests [...]. What is more, the reasons need to be known for the purposes of judicial review".
*The decision in question is the rejection of the complainants' applications for "early departure".
Keywords:
duty to substantiate decision; early retirement; grounds; judicial review; purpose; refusal; retirement;
Judgment 1050
69th Session, 1990
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"But Regulation 4.2 provides that the purpose of transfer is to secure 'the highest standards of efficiency, competence and integrity'. In acting in pursuance of that purpose the Director-General is not precluded from transferring a staff member provided that his intention is, as Regulation 1.1 requires, to serve the organization's interests and that the staff member's own abilities and interests are not overlooked. Where the Director-General believes that the organization's interests must prevail he will act accordingly and the staff member will ordinarily have to fall in line unless he prefers resignation."
Reference(s)
Organization rules reference: UNESCO STAFF REGULATIONS 1.1 AND 4.2
Keywords:
discretion; organisation's duties; organisation's interest; purpose; staff member's duties; staff member's interest; transfer;
Judgment 1032
69th Session, 1990
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainant points out inconsistencies between the English, French and German texts of [Article 12(1) of the EPO Pension Scheme Regulations and Rule 12.1/1(i)(b) of the Implementing Rules]. The three language versions, being equally authentic, shall be deemed to bear the same meaning. Where there are inconsistencies the Tribunal will apply the construction which, having regard to the purpose of the provisions, best reconciles the various versions."
Reference(s)
Organization rules reference: ARTICLE 12(1) OF THE EPO PENSION SCHEME REGULATIONS; RULE 12.1/1(I)(B) OF THE IMPLEMENTING RULES
Keywords:
authentic version; criteria; difference; interpretation; language of rule; purpose; staff regulations and rules;
Judgment 1022
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The main purpose of notice of termination is to protect someone who has his appointment terminated from sudden action that might put him in an awkward plight. Either he may go on working throughout the period or else he may be paid compensation in lieu. In any event there is nothing compulsory about compensation."
Keywords:
compensatory allowance; notice; purpose; separation from service;
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