Formal requirements (78, 947,-666)
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Keywords: Formal requirements
Total judgments found: 103
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Judgment 614
53rd Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Minute in question cannot be treated as an actual appeal. "It is not described as such and it makes no specific claim."
Reference(s)
ILOAT Judgment(s): 564, 565
Keywords:
formal requirements; internal appeal; internal remedies exhausted;
Judgment 536
49th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"What is required is that the decision [...] should follow a line of reasoning which bears out the Tribunal's conclusions. The judgment deals with all the pleas put forward by the parties either by dealing with them on the merits or else by declaring them irrelevant or irreceivable [...] That is the obligation on a tribunal, and, for a judicial decision to be valid, that, but no further, obligation must be discharged."
Reference(s)
ILOAT Judgment(s): 404, 442
Keywords:
formal requirements; judgment of the tribunal;
Consideration 3
Extract:
"Neither any general principle of law nor the Statute of the Tribunal nor its Rules of court lay down any particular formal requirements for the framing of its judgments."
Reference(s)
ILOAT Judgment(s): 404, 442
Keywords:
formal requirements; judgment of the tribunal;
Judgment 532
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The term 'decision' in Article VII[3] of the Statute of the Tribunal denotes "any action by an officer of the organisation which has a legal effect. Accordingly, where such an officer merely acknowledges receipt of an appeal addressed to him, that will not amount to a decision, even if he says he intends to look into the matter as promptly as possible. Such an acknowledgement has no legal effect and is not a decision such as will rebut the presumption of dismissal."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords:
decision; definition; formal requirements;
Judgment 522
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"It is open to a Director-General to settle a dispute at any time so long as he uses language which shows clearly that he is giving his final decision. A formula that is commonly used by a number of executive heads is to say plainly that what has been written is a final decision, that [...] the staff member can appeal against it within the specified period."
Keywords:
decision; formal requirements;
Judgment 509
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"According to the Staff Regulations the certificate of service should relate, if the staff member so requests, to his competence, efficiency and official conduct. [...] The certificate of 28 January 1980 refers merely to reports which prospective employers may consult provided the complainant so agrees. This expedient does not comply with the actual wording of the article. Nor can prospective employers be referred to annual reports on performance. The certificate of service should be a text which is complete in itself."
Keywords:
certificate of service; formal requirements; organisation's duties;
Consideration 15
Extract:
"The Director-General enjoys discretion in the matter, but the Tribunal is still competent to determine whether all the information set out in [the material article] has been supplied. In this case it has not. [...] The certificate should [therefore] be cancelled so that the Director-General may, if the complainant so requests, provide a new and complete one."
Keywords:
certificate of service; discretion; formal requirements; judicial review;
Judgment 500
48th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"It does not appear that [the complainant] did appeal to the Director-General [as required under the applicable provisions]. His counsel may have written letters to the Director-General but the evidence does not show that they filed any claim in the proper sense of an appeal seeking the quashing or amendment of a decision. No internal appeal having been made and the internal means of redress not being exhausted, the claims are irreceivable."
Keywords:
absence of final decision; formal requirements; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 491
48th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The Staff Regulations stipulate that a contract "may not be altered by implied or even oral agreement. The organisation may be wrong to require an official - who wishes after all to keep his employment - to provide services not stipulated in his contract. But this is not the case here."
Keywords:
amendment to the rules; contract; formal requirements; organisation's duties; terms of appointment;
Judgment 490
48th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"There is no formal requirement, such as a written text, for an employment contract to be superseded."
Keywords:
contract; formal requirements;
Consideration 5
Extract:
Vide Judgment 491, consideration 5.
Reference(s)
ILOAT Judgment(s): 491
Keywords:
amendment to the rules; contract; formal requirements; organisation's duties; terms of appointment;
Judgment 420
45th Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
A sanction administered by the Director-General ought to be signed by him personally. In the present case a reprimand was signed by the Deputy Director-General, who as an interested party in the matter. "When [...] a reprimand is being administered by the Director-General himself and when [...] there is no exceptional urgency about its despatch, it is preferable that the document, which is to form part of the staff member's record, should bear the Director-General's signature. But the Tribunal does not consider that the form of signature invalidates the document."
Keywords:
disciplinary measure; formal flaw; formal requirements; reprimand;
Judgment 391
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The organisation imposed four unpaid days of leave on officials over a period of six months. "It is immaterial that the decision made no formal amendment to the Staff Regulations or to individual contracts of employment of the staff members to which it applied. First, it was a temporary measure, and so there was no question of amending the Staff Regulations. Secondly, what happened was that individual contracts of employment were subject to implied amendment for a period of six months, as provided for" in the provision concerning the modification of contracts.
Keywords:
amendment to the rules; compensatory measure; contract; deduction; formal requirements; leave; reduction of salary; salary; staff regulations and rules;
Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The language and form of the document and the circumstances in which it was executed support the view that the organization intended to make a commitment, albeit one that was subject to conditions. "Owing to its failure to distinguish between a contract to appoint and the fact of appointment itself, the organization erroneously believed that it would not be legally bound until the appointment was actually made."
Keywords:
appointment; condition; consequence; contract; formal requirements; intention of parties; organisation's duties;
Judgment 336
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Paragraph 3 of Article VII [of the Statute of the Tribunal] does not require a claim to be made in any particular form. There must however be a clear indication that the administration is being asked to take a decision; a letter whose object is to initiate a discussion will not do."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords:
formal requirements; internal appeal;
Judgment 307
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant relies on an interview with an official acting as the spokesman of the organisation "and upon the previous correspondence between himself and the organisation. It is quite often the case that, when a contract of this sort has been concluded, it will be followed by a formal document; in the case of a large organisation which is accustomed to use its own forms, there will almost certainly be a letter of appointment. This does not mean that there can be no binding contract until the letter of appointment".
Keywords:
contract; evidence; formal requirements;
Judgment 292
38th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
The instructions "take the form of a new and contradictory text; they do not make it clear what part of the old text is superseded and what part retained. [...] The fact [...] that documents were being signed indiscriminately by the Director-General and the director p. and a. strongly suggests that the formality appropriate to an amendment was not being contemplated at all. The fact that language appropriate to amendment was not being used suggests the same thing. [...] The effect of the instructions is not to amend [the] article but to apply its provisions."
Keywords:
administrative instruction; amendment to the rules; effect; enforcement; formal requirements; provision; staff regulations and rules;
Judgment 291
38th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The complaint [as submitted] is not [...] in due and proper form and does not contain all the information desired. While the Tribunal does not hold the complaint irreceivable, it can consider only the pleas made by the complainant in the memoranda before it."
Keywords:
complaint; consequence; formal requirements; judicial review; limits; receivability of the complaint;
Judgment 229
32nd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2(b)
Extract:
"The decision not to renew a staff member's appointment need not take any particular form. The impugned decision was communicated in writing and its form is not open to any formal criticism."
Keywords:
contract; fixed-term; formal flaw; formal requirements; non-renewal of contract;
Judgment 211
30th Session, 1973
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"In the preparation of such documents opinions will naturally differ about what aspects of the service should be stressed and what evaluations made; such differences must [...] be resolved by the Director-General whose responsibility it is to determine whether a certificate of service is in substance and language just and fair."
Keywords:
certificate of service; different appraisals; discretion; formal requirements; work appraisal;
Judgment 118
19th Session, 1968
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(B)
Extract:
"When issuing a certificate under the terms of [the applicable provision], the Director-General makes an assessment of the performance of the person concerned which is not open to discussion before the Administrative Tribunal; the Tribunal can only check whether all the particulars specified in the aforesaid [provision] have been supplied, and ascertain that the assessment made by the competent authority is not based on materially incorrect facts or on obviously wrong conclusions drawn from the evidence in the dossier."
Keywords:
certificate of service; discretion; formal requirements; judicial review; work appraisal;
Judgment 114
18th Session, 1967
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant failed to appeal against the impugned decision to the internal appeals body, contrary to statutory procedure. He has not therefore "exhausted the means at his disposition, under the applicable staff regulations. Accordingly his complaint is irreceivable under Article VII, paragraph 1, of the Statute of the Administrative Tribunal".
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
absence of final decision; complaint; formal requirements; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 108
17th Session, 1967
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The decision to terminate the complainant was notified to him by cable on 1 April and confirmed by letter of 10 April. On 6 April he "addressed a letter to the competent authority announcing his intention of appealing against his termination and asking for various particulars. This letter must be regarded as a protest against the administrative decision of the Director-General".
Keywords:
formal requirements; internal appeal;
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