Duty to know the rules (852,-666)

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Keywords: Duty to know the rules
Total judgments found: 27

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• Judgment 2411

  
  98th Session, 2005
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "It is not acceptable that the Administration has attempted to upgrade its practice to the status of law when the law itself says nothing of the sort; nor can the practice of an organisation be invoked to deny its officials their written rights. Fairness, reasonableness, and adherence to the known facts outweigh in this case the principle that ignorance of the law is no excuse. This approach indeed upholds that principle. The complainant did not act against any fundamental tenet of the law; he was simply late – yet not unreasonably late, as well as being in good faith – in claiming his rights, whereas no express time limits are set out in the rules."

  Keywords:

  applicable law; duty to be informed; duty to know the rules; ignorance of the rules; no provision; organisation's duties; practice; right; written rule;
  

  
  
  

• Judgment 1877

  
  87th Session, 1999
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4(c)

  Extract:

  There is no evidence to suggest that the staff member was to blame for not knowing that the rule at issue could be applied to him. Its terms should not allow for any ambiguity. While it may certainly be difficult to draft rules which do not need to be rectified subsequently, an organisation should not allow staff members to suffer the full consequences of such shortcomings.

  Keywords:

  duty to be informed; duty to know the rules; ignorance of the rules; no provision;
  

  
  
  

• Judgment 1851

  
  87th Session, 1999
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The organization rejected the complainant's application for a temporary job covering the duties he had performed until then under short-term contracts. The defendant contends that the decision was based on its practice which established an age limit. "It is a well-established principle that the existence of written law does not need to be proved: the presumption juris et de jure assumes cognisance of written law. However, non-written rules have to be proved by those who invoke them. In the material case, the Tribunal has not found the slightest proof of the alleged practice. It cannot decide on a rule whose existence has not been proven. The absence of proof as to the existence of the rule invoked by the union means that its decision has no legal basis."

  Keywords:

  burden of proof; duty to be informed; duty to know the rules; ignorance of the rules; practice; presumption; written rule;
  

  
  
  

• Judgment 1734

  
  85th Session, 1998
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3(e)

  Extract:

  As was held in Judgment 1141 [...], under 18: "every official may be expected to know the requirements of the Staff Regulations and Staff Rules, wherever he may be stationed or resident";. Though not to be read out of context, that sentence does embody a basic principle: care may be expected of the staff member in finding out what the rules say and in abiding by them. There is not much risk of error and proper diligence will avoid what little there is.

  Keywords:

  duty to be informed; duty to know the rules; ignorance of the rules;
  

  
  
  

• Judgment 1700

  
  84th Session, 1998
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 28

  Extract:

  "Staff members are expected to know their rights: ignorance of the law is no excuse." For failure to lodge a timely appeal.

  Keywords:

  duty to be informed; duty to know the rules; ignorance of the rules; time bar;
  

  
  
  

• Judgment 1168

  
  73rd Session, 1992
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "In his original complaint the applicant stated his claim in dollars and he was accordingly awarded and paid the amount in that currency. If there was any risk of loss due to fluctuations in the rate of exchange, he ought to have raised the issue in the context of his original complaint. [...] Since he chose to state his claim in dollars and succeeded, the matter is res judicata and he may not have it reconsidered. There is no merit in his plea that 'lack of experience' explains why he did not think of the effect of changing rates of exchange: ignorantia juris haud excusat."

  Keywords:

  application for execution; currency of payment; duty to be informed; duty to know the rules; exchange rate; execution of judgment; ignorance of the rules; res judicata;
  

  
  
  

• Judgment 1141

  
  72nd Session, 1992
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 18

  Extract:

  The complainant failed to exhaust the means of resisting the decision open to him under the Staff Regulations. He "may not plead ignorance of the rules on appeal or his living in far-off lands: every official may be expected to know the requirements of the staff regulations and staff rules, wherever he may be stationed or resident."

  Keywords:

  duty to be informed; duty to know the rules; ignorance of the rules;
  

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