Official (704,-666)
You searched for:
Keywords: Official
Total judgments found: 175
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9
Judgment 630
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
All staff members should hold a post and perform the duties pertaining thereto. This "principle will not in practice have the effect of impairing the legitimate authority of the head of branch. Work requirements will determine how staff are to be assigned, and the result may be that a staff member has some of his duties taken away from him or is set to work that does not quite match his inclinations or even his talents. The supervisor is also entitled to propose that a staff member be moved [...] but so long as the staff member remains in a particular branch the head must see to it that he is given real work."
Keywords:
assignment; official; organisation's duties; organisation's interest; post; qualifications; refusal to assign work; request by a party; right; staff member's duties; supervisor; transfer;
Judgment 605
52nd Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal has only such competence as is conferred on it, and this is confined to complaints alleging non-observance of the terms of appointment or Staff Regulations. The staff member does not have to rely on a particular clause of his contract, the regulations or any subsidiary text. When he is seeking enforcement of a right he claims as an international civil servant and his claim rests on a breach of that right by the organisation in his status as a staff member, Article II(5) [of the Statute] empowers the Tribunal to entertain it."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
breach; competence of tribunal; official; right; vested competence;
Judgment 496
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal believes that any violation of the right to freedom of association, i.e. the right to set up a professional association, may be impugned by the holder of a contract of appointment. However, the staff association itself may not intervene in this case, since access to the Tribunal is restricted to officials alone.
Keywords:
cause of action; contract; freedom of association; locus standi; official; receivability of the complaint; staff union;
Consideration 9
Extract:
"Since the breach alleged is an infringement of the right to associate and since that right is enjoyed by every staff member, it is manifest that every staff member has a right which may be affected by the judgment to be given. It is unnecessary therefore for any staff members to show any further ground for his intervention." The interveners who ceased to be staff members at the time of their intervention "must show special ground for intervention."
Keywords:
cause of action; freedom of association; intervention; official; separation from service;
Judgment 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13(A)
Extract:
"A staff member may properly allege unfair treatment where general rules are not applied in the same way to all the staff members to which they are applicable, but he may not do so by comparing circumstances created by particular measures, such as agreements for the reappointment of particular officials. Such agreements will differ because the circumstances of each case differ, and there is no inequality of treatment."
Reference(s)
ILOAT Judgment(s): 404
Keywords:
application for review; difference; enforcement; equal treatment; individual decision; official; provision; reinstatement; staff regulations and rules;
Judgment 427
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The question of the candidacy of a staff member for the office of director of the organization must be resolved by the Staff Regulations. "They might forbid staff members from standing as candidates or restrict their activities if they do stand. But, in the absence of an express regulation, a staff member is entitled to think that he is bound only by those standards of propriety to be observed by the candidates generally; otherwise the electoral processes would be unfair."
Keywords:
candidate; conduct; duty of discretion; election; enforcement; executive head; official; staff regulations and rules;
Judgment 61
10th Session, 1962
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"The Staff Regulations and Rules contain two types of provisions, the nature of which differs according to the objects to which they are directed : [...] provisions which appertain to the structure and functioning of the international civil service and the benefits of an impersonal nature and subject to variation, and, on the other hand, provisions which appertain to the individual terms and conditions of an official, in consideration of which he accepted appointment."
Keywords:
difference; official; provision; staff regulations and rules; terms of appointment;
Consideration 12
Extract:
"The terms of appointment of international civil servants and, in particular, those of the [organisation in question] derive both from the stipulations of a strictly individual character in their contract of appointment and from Staff Regulations and Rules, which the contract of employment by reference incorporates. Owing, inter alia, to their increasing complexity, the conditions of service mainly appear not amongst the stipulations specifically set out in the contract of appointment but in the provisions of the [...] Staff Regulations and Rules."
Keywords:
contract; official; provision; staff regulations and rules; terms of appointment;
Judgment 24
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (L)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Judgment 23
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (L)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Judgment 22
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (L)
Extract:
The complainant was dismissed because of doubts concerning her integrity. "The fact that in this case the doubts raised as to the loyalty to her own government brought by a government which enjoys in all respects the highest prestige, must be without any influence upon the consideration of the facts in the case and the determination of the principles whose respect the Tribunal must ensure."
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Judgment 21
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (L)
Extract:
"The Director-General of an international organisation cannot associate himself with the execution of the policy of the government authorities of any State member without disregarding the obligations imposed on all international officials without distinction and, in consequence, without misusing the authority which has been conferred on him solely for the purpose of directing that organisation towards the achievement of its own, exclusively international objectives."
Keywords:
abuse of power; executive head; independence; member state; misuse of authority; official;
Consideration (L)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Judgment 19
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance (E)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Judgment 18
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on the substance (E)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Judgment 17
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance (E)
Extract:
Vide Judgment 21, consideration (l).
Reference(s)
ILOAT Judgment(s): 21
Keywords:
abuse of power; executive head; independence; member state; misuse of authority; official;
On the substance (E)
Extract:
Vide Judgment 22, consideration l.
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Judgment 15
4th Session, 1954
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
It does not follow from the Staff Regulations that the conduct of an official with regard to the government of his country is entirely outside the control of the disciplinary authority of the organisation; "on the contrary this is the case when that conduct is judged to be seriously likely to affect the dignity of the official and the prestige of the organisation to which he belongs - a point of fact of which the appreciation will vary according to the circumstances of each case."
Keywords:
conduct; independence; member state; official; organisation;
Considerations
Extract:
The Director-General ordered an official to appear before the judicial authorities of the country of which he was a national "this order obviously does not concern the actual service of the international organisation [...]. The latter must enjoy the full sovereignty of its authority and must not be to any extent subject to external influence emanating from one of its states members; [...] in this respect most strict and clear provisions guarantee its complete independence and that of its officials."
Keywords:
independence; member state; municipal court; official; organisation;
Judgment 11
3rd Session, 1953
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"From the standpoint of equity there is no ground for distinguishing between officials [...] properly so-called and persons in the category to which the complainant belongs [...] persons in the latter category have all the fundamental characteristics of officials, namely, the continuous devotion of their activities to the agency which employs them; the fact that they are under the authority of the Director-General; the fact that their conditions of service are determined by way of regulation, unilaterally and not contractually; the fact that they have access to the sickness insurance and pension funds; etc."
Keywords:
competence of tribunal; definition; locus standi; official; status of complainant;
Consideration 1
Extract:
"The Administrative Tribunal, by virtue of the very purpose for which it was created, should be considered as governed by general legal principles (instance de droit commun) with the necessary powers to guarantee the security of employment of all officials attached to the [...] Organisation".
Keywords:
competence of tribunal; official; security of tenure; tribunal;
Consideration 5
Extract:
"The Staff Regulations in their present form describe persons in the category concerned as officials, only in order to make it clear that they shall be subject to special conditions of service to be provided for them; but that, in the absence of such specific conditions being provided, they cannot be left without any right of appeal."
Keywords:
competence of tribunal; definition; locus standi; official; right of appeal; status of complainant;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9
|
