Purpose (627,-666)
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Keywords: Purpose
Total judgments found: 134
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Judgment 427
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
A provision which stipulates that special leave may be granted with full, partial or no pay "for training or research in the interests of the Bureau or for other valid reasons [...] does not give authority to the Director to order special leave for any reason he considers to be valid; the reason must be advanced by the staff member and only then is the Director empowered to judge its validity. The decision to 'place you on special leave' [...] must therefore be quashed".
Keywords:
decision quashed; discretion; executive head; grounds; purpose; special leave; training;
Judgment 408
44th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The decision in this case turns at least as much on appraisal of oral statements as on that of written evidence, and the Tribunal would be hard put to pass judgment without knowing the [Appeals] Board's views. The appeal to the Board is therefore no empty formality."
Keywords:
internal appeal; internal appeals body; internal remedies exhausted; purpose; recommendation; tribunal;
Judgment 399
43rd Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Appraisal reports constitute a record of service which as a general rule an official is entitled to have for his own satisfaction as well as for use if he is seeking other employment; in this latter respect he is not confined to the certificate of service" provided under another provision.
Keywords:
performance report; purpose; right;
Judgment 397
43rd Session, 1980
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"One purpose of giving reasons for a decision is to enable the staff member to defend his rights before an appeals body."
Keywords:
duty to substantiate decision; grounds; purpose; right to reply;
Judgment 389
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"it is immaterial that when the [organization] appointed the complainant it was or ought to have been aware of his lack of proficiency in french. the fact that it put him on one year's probation shows that it did not regard itself as bound by any opinion it formed or may have formed at the time when it concluded the contract."
Keywords:
knowledge of languages; probationary period; purpose; qualifications;
Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
The object of negotiation is compromise. "This object would be frustrated if either party began with the determination not to make any concession in any circumstances, just as the object of consultation would be frustrated if the decision-maker began with a determination not to be influenced by anything that might be said to him. On both these hypotheses there would be a lack of good faith."
Keywords:
collective bargaining; consultation; good faith; purpose;
Consideration 21
Extract:
"Where there is only a simple obligation to consult, the decision-maker's duty is to listen or at most to exchange views. The object of the consultation is that he will make the best decision and the assumption is that he will not succeed in doing that unless he has the benefit of the views of the person consulted."
Keywords:
consultation; effect; purpose;
Judgment 372
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The organisation maintains that the privileges and immunities enjoyed by the staff under headquarters agreements are not granted for their personal advantage. They are granted in the organisations' interests and so the organisations alone may demand that they continue. The relationship between an international organisation and a state falls outside the competence of the Tribunal. "In fact the question is not one of competence. what has to be decided is whether or not the complainant is entitled to continue to enjoy certain privileges. That is a matter of substance and should be treated as such."
Keywords:
competence of tribunal; headquarters agreement; organisation's interest; privileges and immunities; purpose;
Judgment 369
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Vide Judgment 372, consideration 2.
Reference(s)
ILOAT Judgment(s): 372
Keywords:
competence of tribunal; headquarters agreement; organisation's interest; privileges and immunities; purpose;
Judgment 363
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Normally a staff member is expected to find his own living accommodation for himself and his dependants and to pay for it out of his salary and allowances. It is however recognised that upon a change of duty station a staff member may not at once succeed in finding accommodation at normal rates. Accordingly the Staff Rules provide for the payment of an installation allowance."
Keywords:
amendment to the rules; duty station; installation allowance; purpose; transfer;
Consideration 12
Extract:
"It is an attractive idea that [the material rule] should be invoked only to the extent necessary to relieve the financial hardship. But that would mean a reimbursement and not an allowance. The object of an allowance is to settle in advance the difficult questions that often arise on reimbursement [...] and to let the staff member know from the first what he has to spend."
Keywords:
allowance; difference; purpose; refund;
Judgment 360
41st Session, 1978
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The purpose of the claims for relief and the claims submitted in the internal appeal are the same. "[T]he sets of claims differ only in respect of the arguments put forward in their favour. The principle whereby the claims submitted to the Tribunal and the claims in the internal appeal must be the same applies only to the substance. In the present case the principle has been respected."
Keywords:
claim; complaint; internal appeal; new claim; purpose; receivability of the complaint;
Judgment 322
39th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
For reasons of a personal nature, the complainant waited six years before informing the organisation of the birth of an illegitimate child. He claimed retroactive payment of allowances from the date of the birth. The Tribunal finds that he has lost his right to retroactive payment, since he did not act within a reasonable period of time. To claim a lump-sum payment, after waiting several years, is to disregard the purpose of the provisions on family allowance.
Keywords:
dependent child; family allowance; non-retroactivity; purpose; reasonable time; request by a party; time limit;
Judgment 318
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[S]ince the purpose of probation is to find out whether the probationer is suited for service and should have his appointment confirmed, the Director-General may dismiss him if satisfied that he does not have the right qualifications."
Keywords:
probationary period; purpose; qualifications; termination of employment; unsatisfactory service;
Judgment 294
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[A]n officer whose increment was withheld otherwise than on the grounds of unsatisfactory service would be recognised as having cause for complaint. [...] In fact, the increment is simply a way of rewarding seniority and the accumulated experience that goes with it, and the number of an officer's step is simply a convenient way of describing the salary level to which he has attained.
Keywords:
grounds; increment withheld; purpose; salary; step;
Consideration 1
Extract:
"While grades are distinguishable from one another by a difference in the nature of the duties performed and in the degree of responsibility undertaken, steps within grades are not similarly distinguishable. In fact, the increment is simply a way of rewarding seniority and [...] experience [...]."
Keywords:
difference; grade; purpose; step;
Judgment 292
38th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"An office notice is the instrument by which the administration communicates in general terms with the staff membership. It may be used for many purposes besides the amendment of the rules of application. In order to be effective as an amendment it must therefore be made clear on the document itself that amendment is its purpose."
Keywords:
administrative instruction; amendment to the rules; condition; effect; purpose; staff regulations and rules;
Judgment 271
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organization contends that when reimbursing travel expenses for home leave account must be taken of costs. "These [...] are questions of policy to be solved before the regulation is framed so that the solution can be embodied in the regulation itself. Once framed, the regulation is conclusive on questions of broad principle and personnel policy. [The Director-General's discretionary authority] to apply it only when he is satisfied that the organization is getting its money's worth cannot be derived from its terms."
Keywords:
amount; discretion; enforcement; home leave; limits; organisation's interest; provision; purpose; refund; staff regulations and rules; travel expenses;
Consideration 4
Extract:
The partial payment of travel expenses would be contrary to the language of the applicable text and inconsistent with the principle of the regulation. "It is agreed that the object of the regulation is not primarily to make a monetary concession to a staff member. It is to the advantage of the organization [...] that staff members should maintain their links with their home countries [...] If the organization pays for only a part of the journey, the principle of home leave will depend on the willingness and ability of the staff member to pay for the rest himself."
Keywords:
amount; home leave; organisation's interest; purpose; rate; refund; travel expenses;
Consideration 3
Extract:
"The words [in the material provision] are an abbreviated way of saying that the organization shall pay the reasonable expenses of the journey to and from the home. This means the reasonable expenses for the whole journey and not just a part of it. The Director-General may settle the details of the way in which the regulation is to be applied - he may, for example, rule that reasonable expenses do not cover first-class travel or an indirect route - but he may not alter the sense of it."
Keywords:
amount; home leave; interpretation; organisation's duties; provision; purpose; rate; refund; staff regulations and rules; travel expenses;
Judgment 270
36th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The provision concerning the reimbursement of travel expenses "is to enable staff members and their family to visit their place of origin from time to time. Hence it does not apply in respect of a wife and children who live in the place of origin."
Keywords:
condition; dependant; home leave; purpose; refund; residence; travel expenses;
Judgment 263
35th Session, 1975
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In refusing to promote officials who had resigned the Director-General did not draw any clearly mistaken conclusion from the situation of such officials. Promotion may have two consequences: either a salary increase with new duties and greater responsibilities; or salary increase alone. "In the former case promotion would serve no purpose: the official who had resigned would remain for too short a time in the higher grade to which he had been promoted to perform the duties of the new post. In the latter case the decision not to promote the official is also warranted: [the] purpose [of promotion] is not merely to reward the official for past and present performance but also generally to encourage him to remain for a long period in the service of his employer."
Keywords:
consequence; organisation; promotion; purpose; refusal; resignation; separation from service;
Judgment 256
34th Session, 1975
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Under the Staff Regulations, "any other documents relating to measures officially taken or considered in connection with the official" may be placed in an official's personal file. The text is ambiguous. Narrow construction: measures which give rise to rights or duties. Broader construction: all measures which may affect a staff member. "Literal interpretation not being conclusive, it is necessary to consider the purpose of the [provision] in order to determine its true meaning. [...] Its purpose is to make available information on the professional situation of each staff member." Thus the proper construction is "documents which affect his professional situation."
Keywords:
criteria; elements; interpretation; personal file; purpose;
Consideration 4
Extract:
The material provision "provides for the establishment of personal files and gives staff members access at any time to information on their professional situation and in particular reports on their work performance. It also has the purpose of keeping the competent bodies [of the organisation] informed on each staff member's career. Since the provisions were adopted in the interests of staff members as well as of the organisation, it is open to the complainant to allege a breach."
Keywords:
career; organisation's interest; personal file; purpose; staff member's interest; work appraisal;
Judgment 255
34th Session, 1975
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The applicable provision stipulates that the evaluation given in appraisal reports shall serve as the basis for assistance extended to a staff member to improve his services and for decisions concerning that staff member's status and maintenance in the organization. It is open to question whether this provision, having regard to these objects, applies at all in the case of a staff member who has retired. If it does, there could be no relief for a breach of it except by the payment of compensation. In the present case, the complainant could not suffer injury from a statement assessing his work during the final 11 months of his service.
Keywords:
complainant; enforcement; lack of injury; performance report; purpose; retirement; separation from service; work appraisal;
Judgment 243
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
According to the basic principles to be observed in the public service, "a supervisor should exercise supervision and control over all the activities of his subordinates. Such authority is exercised exclusively in the interests of the organisation and in particular its exercise should not impair the efficiency of work."
Keywords:
competence; organisation's interest; purpose; supervisor;
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