Consultation (528,-666)

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Keywords: Consultation
Total judgments found: 66

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• Judgment 380

  
  42nd Session, 1979
  General Agreement on Tariffs and Trade
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 21

  Extract:

  "If the end-product of the discussions [...] is a unilateral decision, 'consultation' is the appropriate word. If it is a bilateral decision, i.e. an agreement, 'negotiation' is appropriate. Decisions are reached after consultation; agreements after negotiation."

  Keywords:

  collective bargaining; consequence; consultation; decision; difference;
  

  Consideration 27

  Extract:

  The question is whether the duty of consultation for which provision is made in the statutory texts had been modified by the practice of the preceding ten years or more and expanded to embrace negotiation. "If negotiation is different from consultation, it is difficult to see how the change could be made otherwise than by an amendment made in accordance with the Staff Regulations."

  Keywords:

  collective bargaining; consultation; no provision; organisation's duties; practice;
  

  Consideration 18

  Extract:

  Vide Judgment 381, consideration 8.

  Reference(s)

  ILOAT Judgment(s): 381
  

  Keywords:

  collective bargaining; consultation; enforcement; organisation's duties; provision; staff regulations and rules;
  

  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:

  "Negotiation starts from equality of bargaining power [i.e. legal equality; economic strength may be unequal]; consultation supposes legal power to be in the hands of the decision-maker, diminished only by the duty to consult."

  Keywords:

  collective bargaining; consultation; difference;
  

  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 325

  
  39th Session, 1977
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complainant refused two posts successively. The evidence shows that "he was consulted before any decision was taken. Such consultation was an essential formality, but in this case adequate. In particular, as appears from the [applicable] texts, the complainant did not have to give his prior consent."

  Keywords:

  complainant; consultation; organisation's duties; refusal; transfer;
  

  
  
  

• Judgment 127

  
  20th Session, 1968
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainant's appointment was terminated and his post abolished. "[T]he organization has an obligation to the complainant because of the fact which was not taken into account, namely the intervention with the [national] authorities by the senior technical adviser, without good reason, in the exercise of his official duties. As a result, the complainant has suffered both material and moral injury [...] taking account of [...] in particular [...] the fact that the organization was in ignorance through no fault of its own, the organization should pay the complainant compensation".

  Keywords:

  abolition of post; consultation; contract; disregard of essential fact; fixed-term; injury; liability; material injury; member state; moral injury; organisation; termination of employment;
  

  Consideration 7

  Extract:

  The technical adviser to the national authorities expressed views concerning the complainant which were, to say the least, lacking in impartiality; he implicitly recognised that he induced the national authorities, without good reason, to take steps which led to the complainant's dismissal before the termination of his contract. The organization did not take account of this essential fact, but it cannot be blamed for not being aware of these circumstances. The complainant is entitled to compensation.

  Keywords:

  abolition of post; bias; consultation; contract; disregard of essential fact; fixed-term; material damages; member state; termination of employment;
  

  
  
  

• Judgment 106

  
  17th Session, 1967
  United International Bureaux for the Protection of Intellectual Property
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5(B)

  Extract:

  "Having conformed to his two-fold [statutory] obligation [to hear the opinion of the ad hoc committee and to base himself on the standards observed in other international organisations] the Director is free to exercise his discretion in carrying out the responsibilities assigned to him. It follows that the Administrative Tribunal must confine itself to determining whether" [at issue is the classification of posts].

  Keywords:

  advisory body; consultation; discretion; judicial review; limits; post classification; rule of another organisation;
  

  
  
  

• Judgment 50

  
  8th Session, 1960
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "Any advisory administrative body that receives a request in accordance with its rules must, in all cases, express an opinion on the request, whatever the validity of the request, whenever the persons concerned are entitled to submit a matter to it; this is the case even if the said request is deemed to be not receivable. Questions of receivability often raise problems that are difficult to solve, and complainants are entitled to have them examined in the same manner as questions of substance."

  Keywords:

  advisory body; consultation; internal appeals body; report;
  

  
  
  

• Judgment 32

  
  7th Session, 1958
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The irregularities indicated "resulted in depriving complainant of the opportunity of effectively discussing the appreciations made by his superiors, a fact aggravated by reason of the irregularities by which the procedure of the [Advisory] Committee was tainted, resulting in complainant being unable to avail himself of a procedure under which he might have been able to emphasise the qualities he claimed with a view to possibly obtaining an indeterminate appointment [...]. In this manner, the complainant was deprived of the possibility of having the decision taken modified, a possibility available to him under the Staff Regulations and Rules."

  Keywords:

  advisory body; consultation; contract; due process; fixed-term; flaw; non-renewal of contract; permanent appointment; procedural flaw; refusal; right to reply; work appraisal;
  

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