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Purpose (627,-666)

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Keywords: Purpose
Total judgments found: 134

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  • Judgment 1021


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    Vide Judgment 1022, consideration 8.

    Reference(s)

    ILOAT Judgment(s): 1022

    Keywords:

    compensatory allowance; notice; purpose; separation from service;



  • Judgment 986


    67th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "A ruling on the lawfulness of a decision calls for review of all the material evidence, and especially in times of change in which the decision has been taken. One relevant criterion is the ultimate purpose. A run of small amendments may offend against the whole spirit of the rules, and to ignore them would be a miscarriage of justice".

    Keywords:

    acquired right; amendment to the rules; cumulative decisions; judicial review; purpose; staff regulations and rules; terms of appointment;



  • Judgment 937


    65th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "As the Tribunal said in Judgment 271, the primary purpose [of home leave] is not to make [...] a monetary concession: it is to an international organisation's advantage that staff should maintain their links with their home countries."

    Reference(s)

    ILOAT Judgment(s): 271

    Keywords:

    home leave; organisation's interest; purpose;



  • Judgment 899


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "Besides safeguarding the staff member's interests, the requirement [that the grounds on which a decision is based should be stated] enables the Tribunal to review, something it cannot do properly when the purpose and legal basis of the decision and the reasons underlying it are unexplained."

    Keywords:

    decision; duty to substantiate decision; judicial review; purpose;



  • Judgment 890


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The probationer [is] plainly entitled to be given a full explanation of the assessment of his work in sufficient time to enable him to make comments of his own before the President takes a decision."

    Keywords:

    date; probation report; purpose; right to reply; time limit;



  • Judgment 885


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "An EPO staff member who alleges non-observance of the terms of his appointment or of the applicable Staff Rules and Regulations has the right to submit an internal appeal and, if still dissatisfied, to appeal ultimately to the Tribunal. The existence of the right is in the interests of both sides since it serves to maintain harmony, general efficiency and good morale in the organisation."

    Keywords:

    general principle; purpose; right of appeal;



  • Judgment 853


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "According to the general rules of construction, all language versions of a text shall be deemed to bear the same meaning save that, where comparison reveals a point of disagreement, the construction that prevails shall be the one that, with due regard to the purpose of the law-maker, best reconciles the various versions."

    Keywords:

    authentic version; general principle; interpretation; language of rule; provision; purpose; staff regulations and rules;



  • Judgment 851


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 22-23

    Extract:

    Circular 144 limits total reckonable experience to twelve years. The purpose of this provision is "to deter late-comers and those who would otherwise hamper the advancement of others who have preferred to spend most of their career in the EPO. [This limit] reflects a reasonable policy on recruitment and career development."

    Reference(s)

    Organization rules reference: CIRCULAR 144

    Keywords:

    administrative instruction; career; limits; organisation's interest; professional experience; purpose; reckoning; seniority; terms of appointment;



  • Judgment 809


    61st Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    In order to justify the imposition of special leave, it "must be shown [...] that use was not made of the special leave for any purpose extraneous to the Organization's interests and that the arrangement was a reasonable though not necessarily the only reasonable way out of the dilemma."

    Keywords:

    condition; organisation's duties; organisation's interest; purpose; special leave;



  • Judgment 785


    60th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "A complainant may not eschew the res judicata rule by just prompting a new decision and saying it is not the same as the one he challenged earlier. The criterion is not the substance of the decision but the complainant's true intentions"

    Keywords:

    decision; purpose; res judicata;



  • Judgment 687


    57th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Implicit in [Article 13 of the EPO Service Regulations] and in the general principles which govern the international civil service is the notion that the purpose of probation is to find out whether the official is capable of a satisfactory career in the organisation. The competent authority will determine on the evidence before it, and possibly after extension of the probation, whether to dismiss the official or to confirm his appointment."

    Reference(s)

    Organization rules reference: ARTICLE 13 EPO SERVICE REGULATIONS

    Keywords:

    international civil service principles; probationary period; purpose; qualifications; staff regulations and rules;



  • Judgment 647


    55th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Although time limits are essential to sound administration, the organisation must not use them in breach of the complainant's good faith."

    Keywords:

    exception; good faith; internal appeal; purpose; time limit;



  • Judgment 619


    53rd Session, 1984
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "By virtue of Article V of its Statute the Tribunal decides in each case whether oral proceedings shall be public or in camera. But its practice is to order such proceedings only in exceptional circumstances where evidence from the parties or witnesses may help in resolving the issues."

    Reference(s)

    ILOAT reference: ARTICLE V OF THE STATUTE

    Keywords:

    exception; oral proceedings; purpose;



  • Judgment 607


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

    Consideration 8

    Extract:

    "To determine whether the internal means of redress were exhausted the Tribunal must consider whether the time limits set in the Statutes of the Appeals Board were observed. [...] Proper administration requires the setting of time limits. But they are not supposed to be a trap or a means of catching out a staff member who acts in good faith."

    Keywords:

    internal remedies exhausted; purpose; time limit;



  • Judgment 522


    49th Session, 1982
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "Time bars are essential to efficient administration, but they are not devised as a trap for what the organization in its argument describes as the 'legally non-vigilant person'."

    Keywords:

    good faith; purpose; time limit;

    Consideration 18

    Extract:

    "The function of the Tribunal is to do justice between the parties according to the merits of the case but subject to the rules of procedure by which it is governed. The rules as to receivability, which are procedural rules, are designed to protect the organisation against what might be a greater injustice to it if access to the Tribunal was totally unrestricted."

    Keywords:

    competence of tribunal; procedure before the tribunal; purpose;



  • Judgment 503


    48th Session, 1982
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Under [the applicable rule] and the general principles of international public service the purpose of probation is to discover whether the official has the qualities which warrant keeping him on the staff. It is for the President to decide, in the light of the evidence before him, whether to dismiss the official or to grant him a permanent appointment."

    Keywords:

    discretion; international civil service principles; probationary period; purpose; termination of employment;



  • Judgment 472


    47th Session, 1982
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The EPO contends that the purpose of the education allowance is to help in acquiring skills required for employment, but not in providing further training within a chosen profession. It also relies on the construction put on similar rules by the Commission of the European Communities. The Tribunal will not apply, even by analogy, rules which are in force in another international organisation. In any event, it is out of the question that the Tribunal should consider, as the complainant suggests, whether the Commission of the European Communities exceeded its authority in adopting [rules similar to the material provision]."

    Keywords:

    allowance; applicable law; education expenses; law of european communities; purpose; rule of another organisation;



  • Judgment 463


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

    Consideration 6

    Extract:

    Family allowances are intended to provide additional remuneration over and above the official's salary for reasons of family situation during the time of his employment.

    Keywords:

    family allowance; purpose;

    Consideration 6

    Extract:

    Terminal entitlements fall due due after the termination of employment. They are intended to facilitate the transition to other employment or to retirement.

    Keywords:

    purpose; terminal entitlements;



  • Judgment 456


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

    Consideration 2

    Extract:

    The purpose of Article VII, paragraph 3, of the Statute of the Tribunal is two-fold: a) to enable an official to defend his interests by going to the Tribunal when the administration has failed to take a decision; b) to prevent a dispute from dragging on indefinitely and from coming before the Tribunal at a time when the material facts have altered or can no longer be determined with certainty.

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE

    Keywords:

    direct appeal to tribunal; failure to answer claim; iloat statute; provision; purpose;



  • Judgment 442


    46th Session, 1981
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "As a rule an official's comments on his subordinates do not give them any right to compensation; otherwise supervisors would express only guarded opinions about their subordinates, and that would be harmful to the organisation's efficiency. The most that can be said is that when a supervisor expresses an opinion which he knows to be untrue for a purely malicious purpose he, or the organisation, will be liable."

    Reference(s)

    ILOAT Judgment(s): 404

    Keywords:

    allowance; application for review; consequence; difference; general principle; injury; liability; mistake of fact; organisation; purpose; right; supervisor; work appraisal;

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