Consequence (591,-666)
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Keywords: Consequence
Total judgments found: 222
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Judgment 703
57th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Though a seconded official holds a fixed-term appointment his position is out of the ordinary. He cannot expect his contract to last more than two years unless the organisations decide differently. But on leaving the receiving organisation he goes back to the releasing one [...] It is therefore only reasonable that either organisation should have the right to end the secondment if it so wishes on the expiry of the prescribed period without having to explain its decision."
Keywords:
consequence; contract; discretion; duty to substantiate decision; fixed-term; non-renewal of contract; organisation's duties; reinstatement; secondment;
Judgment 685
57th Session, 1985
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant objects to the detriment to himself and his family caused by his assignment to Nepal. So the decision he impugns is the one informing him of his transfer, of which he got notice in March 1981. Since he waited until March 1983 to put his case to the Appeal Board the complaint is irreceivable.
Keywords:
consequence; internal appeal; receivability of the complaint; start of time limit; time bar; time limit; transfer;
Judgment 667
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant "is asking the Tribunal to set aside the Council's decision, not in its entirety, but only insofar as it affects himself. [The argument fails.] Obviously to set the impugned decision aside insofar as it affects the complainant would in fact have much the same consequences as to set it aside erga omnes.
Keywords:
application for quashing; consequence; enforcement; general decision; receivability of the complaint;
Judgment 666
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants seek payment of the education allowance to which they were entitled at the IPI. The Tribunal holds that on the basis of the transfer agreement between the IPI and the EPO the latter is not under obligation to pay the education allowance insofar as the organisation offsets the education costs borne by its officials. The Tribunal exempts the case where actual costs are not offset.
Keywords:
allowance; compensatory measure; consequence; discontinuance; education expenses; merger; refund;
Judgment 649
55th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The plea fails since the [new] facts are subsequent to the date of [the judgment] and therefore cannot have an effect on that decision."
Keywords:
consequence; judgment of the tribunal; subsequent fact;
Judgment 647
55th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Even if the letter [...] had been written without authority, the decision therein would not cease to exist on that account. [...] Provided a communication takes the form of a decision its lawfulness is immaterial to the reckoning of the time limit for lodging an appeal. To hold otherwise would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of a time limit."
Keywords:
competence; consequence; decision; decision-maker; flaw; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 612
53rd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's submission of an internal appeal was time-barred; for not having correctly followed the internal procedure, her complaint is irreceivable. The discovery of an allegedly unlawful decision does not affect the time limit for internal appeal. The only exception is where the organisation has misled the complainant in breach of good faith.
Keywords:
consequence; decision; exception; flaw; good faith; internal appeal; internal remedies exhausted; new time limit; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 604
52nd Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Any errors there may be in reproducing the text [of a judgment] constitute no flaw in the judgment itself."
Reference(s)
ILOAT Judgment(s): 404, 442, 536
Keywords:
consequence; judgment of the tribunal; material error;
Judgment 603
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's "later discovery that the administration's decision might have been unlawful does not affect the time limit, which is an objective matter of fact and starts on the date on which the impugned decision was notified. Any other conclusion, even if founded on considerations of equity, would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of setting a time limit. The only exception is where the organisation has misled the complainant and is therefore in breach of good faith."
Keywords:
consequence; date of notification; decision; exception; flaw; good faith; internal appeal; start of time limit; time bar; time limit;
Judgment 602
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 603, consideration 3.
Reference(s)
ILOAT Judgment(s): 603
Keywords:
consequence; date of notification; decision; exception; flaw; good faith; internal appeal; start of time limit; time bar; time limit;
Judgment 595
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The rule [against retroactivity] does not preclude making the finding of fact at a date prior to that of the decision."
Keywords:
consequence; general principle; non-retroactivity;
Judgment 574
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal observes that the defendant is under a duty to enable the court to render a complete decision on the dispute. If the party who is the defendant takes the view that the complaint should be rejected because it is clearly vexatious, he may apply to the Tribunal, before filing the reply, for permission to confine his arguments to that point. Otherwise he will incur the danger that the Tribunal declare the allegations of fact in the complaint to be established."
Keywords:
acceptance; condition; consequence; organisation's duties; reply confined to receivability; submissions; tribunal;
Judgment 566
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"As a matter of principle a strike is lawful. It does not break the contract of employment or the administrative link between an organisation and its staff. The employee continues to be a member of the staff and the only provisions of the Staff Regulations to be suspended are those which are incompatible with the work stoppage. Salary is withheld by virtue of a provision in the Regulations, the requirement of payment for services rendered, and any provision which is not incompatible with the existence of a strike remains in force."
Keywords:
consequence; contract; entitlement for service rendered; right to strike; salary; strike;
Judgment 536
49th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Judgment No. 442 [a review of Judgment No. 404] contains no recapitulation of the facts; the procedure followed was the summary one, "and the complaint was not communicated to the [organisation] for reply. There being no exchange of memoranda, no purpose would have been served by summarising the facts and submissions in the complaint since in any event the Tribunal was required to review the whole case in order to answer the complainant's arguments."
Reference(s)
ILOAT Judgment(s): 404, 442
Keywords:
application for review; consequence; summary procedure;
Judgment 532
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The declaration of recognition mentioned in Article II, paragraph 5, of the Statute of the Tribunal "recognises not only the Tribunal's competence but also the applicability of its Rules of court. An organisation which makes such a declaration accepts the provisions of the Statute and the Rules of court, and any provisions in its own rule book on the receivability of complaints filed with the Tribunal are of no effect, whether they comply with the Tribunal's rules or not."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
consequence; declaration of recognition; difference; enforcement; iloat statute; precedence of rules; procedure before the tribunal; receivability of the complaint; staff regulations and rules; time limit;
Judgment 517
49th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The decision impugned was notified to the complainant on 25 May, and the ninety days accordingly expired on 23 August. Since 23 August was a sunday, the complaint, which was not filed until 24 August, is receivable.
Keywords:
complaint; consequence; date of notification; decision; public holiday; receivability of the complaint; time limit;
Judgment 486
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant moved from grade GS.8 to P.2. "The Tribunal doubts whether the change was an appointment of any sort; the complainant remained in the same post which was reclassified into a higher grade. But anyway appointment is a word whose meaning depends upon the context. It can be used to mean an appointment to the staff of [the organization] or an appointment to a post on the staff. [Here] it is clearly being used in the former sense, as an appointment to the service. [...] It is not and cannot be contended that in January 1979 the complainant concluded one period of service and without changing his post embarked upon another. This solution must be rejected."
Keywords:
appointment; consequence; general service category; post classification; professional category; promotion;
Consideration 4
Extract:
"It is to be noted that the change in the complainant's situation affected [statutory] entitlements [...] these are expatriate entitlements designed for recruits from abroad who will wish to maintain their contacts with the home country, the most important being grants for home leave and education. They are more freely available to officials in the P grades than to those in the GS."
Keywords:
allowance; consequence; education expenses; general service category; home leave; professional category; promotion; right;
Judgment 469
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
If an advance notice was necessary it was given out of time and thus the appointment was not terminated. If it was not necessary, the appointment terminated automatically. "Presumably, it must be the view of the organization that the failure to give notice in time does prevent the automatic termination, but preserves the right of the organization to give a month's notice at any time thereafter, irrespective of whether the circumstances are normal or abnormal. The Tribunal cannot adopt this construction of the rule."
Keywords:
consequence; contract; date; extension of contract; fixed-term; non-renewal of contract; notice; organisation's duties;
Judgment 465
47th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
At the end of each period of employment there should be an opportunity to review the terms of the expiring contract. "A radical recasting of the terms might be treated as constituting a break of a kind warranting the grant of an allowance. Subject to review by the Tribunal, however, the organisation may, with due regard to its own interests and to the staff member's rights, offer new contractual terms [...] not every offer will be such that the staff member who declines it and leaves may claim the indemnity: it is all a matter of degree."
Keywords:
amendment to the rules; consequence; contract; material damages;
Judgment 460
46th Session, 1981
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The duty allowance is a temporary one. The staff member who receives it knows that he will continue to do so only as long as he is performing duties pertaining to a higher grade. If [...] he is assigned the duties of a higher grade because of promotion, there are no grounds for payment of the duty allowance".
Keywords:
consequence; promotion; special post allowance;
Consideration 10
Extract:
"The complainant has been receiving since the date of his promotion lower remuneration than before. This anomaly is unacceptable. It is quite unfair to reduce remuneration when responsibility is increased."
Keywords:
consequence; promotion; reduction of salary; salary;
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