Organisation (71, 73, 74, 673,-666)
You searched for:
Keywords: Organisation
Total judgments found: 211
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Judgment 84
14th Session, 1965
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The substantial claim which the Tribunal has to consider is a complaint that the compensation which the complainant has already received is inadequate [...]. The complainant has received in all by way of compensation a sum equal to nine months' salary. Taking into account the fact that the appointment was terminated when it was still in the probationary period, the Tribunal considers that this compensation would be adequate even on the assumption that the decision to terminate the complainant's appointment was wrongful."
Keywords:
amount; competence of tribunal; offer; organisation; probationary period; terminal entitlements; termination of employment;
Judgment 82
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The organisation "has the option of asking the International Court of Justice for an opinion, which is binding [...]. This option, which can [...] be used without any restriction as to time, does not affect, in the absence of any explicit provisions in [...] Article XII [of the Statute of the Tribunal], the immediately operative character of those judgments. With regard to the opinion which the organisation may possibly request from the Court by virtue of [...] the agreement between the United Nations and [the organisation], this opinion is only of an advisory character and could not, in any event, have any influence on the execution of the judgment by the Tribunal."
Reference(s)
ILOAT reference: ARTICLE XII OF THE STATUTE
ILOAT Judgment(s): 61
Keywords:
advisory opinion of icj; binding character; delay in payment; execution of judgment; icj; judgment of the tribunal; organisation; suspensory effects;
Judgment 70
12th Session, 1964
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration II (2)
Extract:
"The Director-General's power to decide in any case submitted to him whether or not [the] conditions [for waiver of immunity] apply is, in view of its specific character which necessarily involves relations between the organisation and a third party, completely beyond the control of the Administrative Tribunal."
Keywords:
competence of tribunal; complaint; discretion; judicial review; member state; organisation; privileges and immunities; receivability of the complaint; waiver of immunity;
Judgment 61
10th Session, 1962
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"It is not for the Tribunal to issue injunctions to the [organisation], save in regard to the execution of any obligations towards an official which the Tribunal finds to have been violated."
Keywords:
competence of tribunal; organisation;
Judgment 57
10th Session, 1962
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"No provision of its Statute attributes competence to the Tribunal to issue directions to an organisation against which a complaint has been lodged, and particularly to order the competent authorities of such an organisation to take or refrain from taking a particular course of action."
Keywords:
competence of tribunal; organisation;
Judgment 53
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Damages to personal effects, in respect of which complainant makes a claim [...] arose out of and in the course of employment. Whether or not the claim for compensation was allowable under the organization's baggage insurance policy, the organization was directly liable for compensation."
Keywords:
compensation; injury; insurance; liability; material injury; organisation; organisation's duties; personal effects; service-incurred;
Consideration 9
Extract:
The complainant's claim for damages was well-founded. Compensation was paid to him after filing, but before the complaint was heard by the Tribunal. The complainant is entitled to costs. "As the Tribunal does not award costs to defendant organizations, the above-mentioned costs cannot be set off against costs in respect of the mistaken claim for transportation expenses withdrawn by the complainant after the submission of the organization's reply."
Keywords:
case pending; compensation; costs; exception; offer; organisation; settlement out of court;
Consideration 4
Extract:
"It is open to the organization to require by decision taken in reasonable time reimbursement in whole or in part of the overpayment, account being taken of all the circumstances of the case, including inter alia the bona or mala fides of the official, the nature of the error, the degree of negligence of the organization and of the official and the hardship caused to the official by any subsequent recovery in consequence of an error of the organization."
Keywords:
complainant; general principle; good faith; negligence; organisation; reasonable time; recovery of overpayment; request by a party; time limit;
Judgment 33
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The offer to pay the complainant compensation for the moral and material prejudice he suffered equivalent to six months' salary together with allowances has been maintained before the Tribunal; "the fact that the Director-General admitted the principle of granting compensation to the complainant in respect of the prejudice caused to him was such as to lead the complainant to file his complaint; [...] taking into account the particular circumstances of the case it appears justified that, as an exceptional measure, the complainant be granted compensation by way of participation in his costs."
Keywords:
acceptance; compensation; costs; exception; injury; material injury; moral injury; offer; organisation; settlement out of court; tribunal;
Judgment 26
6th Session, 1957
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complaint is tardy and irreceivable. The complainant, recruited for one month, suffered an accident. "The [...] organization has offered, and maintained its offer in the course of the oral proceedings, to pay the complainant [a] sum [...] amounting to six weeks' salary in fulfillment of its obligations to the complainant. Notwithstanding the fact that the complaint is irreceivable [...], the Tribunal, [...] noting that such payment is offered to the complainant [by the organization], rejects the complaint."
Keywords:
acceptance; compensation; complaint; offer; organisation; professional accident; receivability of the complaint; service-incurred; time bar; tribunal;
Judgment 25
6th Session, 1957
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (C)
Extract:
"The opinion expressed by the Headquarters Board of Inquiry and Appeal concerning 'the unfortunate mishandling of the various steps taken in this case' was likely to encourage the complainant to submit his complaint to the Tribunal. [...] Having regard to the particular circumstances of the case, it appears justified, as an exceptional measure and without contravening the jurisprudence of the Tribunal, to grant the complainant an indemnity as a share in the costs incurred by him."
Keywords:
costs; exception; negligence; organisation;
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 13
4th Session, 1954
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance
Extract:
The existence of a secret document vitiates the equitable application of the Regulations and affects both the interests of the staff as a whole and that of justice itself. "Vide, Judgment No. 15 of the United Nations Administrative Tribunal: 'the applicant cannot be penalised because certain information is considered by the respondent as confidential and the applicant has no opportunity either of knowing that the reason is or of challenging it."
Keywords:
case law; confidential evidence; disclosure of evidence; flaw; judgment of the tribunal; organisation; refusal; right to reply; unat;
On the substance
Extract:
The organization refused to disclose a document which directly concerned the complainant. "In consequence, it is the duty of the Tribunal to consider as established the fact that the decision [to dismiss the complainant] is not really based on the grounds of unsatisfactory service but on personal considerations extraneous to such grounds [...]. It therefore constitutes an act of misuse of power and must be rescinded."
Keywords:
abuse of power; bias; disclosure of evidence; grounds; misuse of authority; organisation; presumption; probationary period; refusal; termination of employment;
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