Right (635,-666)

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Keywords: Right
Total judgments found: 226

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• Judgment 81

  
  14th Session, 1965
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  As for the complainant's rights under Article II, paragraph 6(b), of the Statute of the Tribunal, the provision "establishes a close link between the rights of the deceased official and the persons which it is designed to cover. However, such persons could not claim a right under a contractual or a statutory clause which the official was not entitled to invoke. Moreover, neither are they entitled to contest the validity of clauses which the official was called upon to respect."

  Reference(s)

  ILOAT reference: ARTICLE II, PARAGRAPH 6(B), OF THE STATUTE
  
  

  Keywords:

  complainant; limits; locus standi; right; successor;
  

  Consideration 5

  Extract:

  "Although it is true that the right to recovery of payments made by mistake is generally recognised and may, in consequence, be assimilated to a statutory right, [the official] would not have been in a position to claim the reimbursement of the payments he had made, with full knowledge of the facts, into the [...] funds, by virtue of a decision which had been rendered final as far as he was concerned. Neither has the complainant any right to do so."

  Keywords:

  contributions; pension; recovery of overpayment; refund; right; unjspf;
  

  
  
  

• Judgment 64

  
  11th Session, 1962
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "Since the complainant had been duly allowed to relinquish his duties in time to enable him to reach his recognised home by the effective date of his separation from service, it can only be for personal reasons that he postponed his departure after that date." He is not entitled to the additional salary he claims, but only to the per diem travel allowance.

  Keywords:

  allowance; amendment to the rules; compassionate leave; date; right; separation from service; travel expenses;
  

  
  
  

• Judgment 36

  
  7th Session, 1958
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "Although leave is granted on a request approved by the supervisor, such approval is subject to the requirements of the service [...]. The supervisor's discretionary power to determine such requirements is not a matter subject to control by the Tribunal [...]. Far from proving the 'excès de pouvoir' which he alleges, the complainant's case on this point is devoid of substance [...]. The refusal to grant the leave requested by the complainant therefore appears justified."

  Keywords:

  annual leave; discretion; leave; organisation's interest; refusal; right; supervisor;
  

  
  
  

• Judgment 33

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

  Considerations

  Extract:

  The complainant, recruited on a temporary basis, was transferred to a post which was subsequently to be filled by competition. The granting of an indeterminate appointment was made dependent upon his success in the competition "complainant has failed to prove any irregularity of procedure in connection with this competition [...]. While [the Regulations] entitled him to a priority as far as the consideration of his candidature is concerned, the appointment to the vacant post of another official in the same situation as himself and entitled to the same priority did not deprive complainant of that right."

  Keywords:

  competition; contract; fixed-term; internal candidate; permanent appointment; post held by the complainant; priority; right;
  

  
  
  

• Judgment 30

  
  6th Session, 1957
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "There can be no acquired rights as regards the relative position of an official within the administrative hierarchy, nor any right to promotion, the latter being within the exclusive authority of the official's superiors".

  Keywords:

  acquired right; discretion; promotion; right; staff regulations and rules; supervisor;
  

  
  
  

• Judgment 26

  
  6th Session, 1957
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The accident occurred in the course of employment and must consequently be deemed to have arisen out of employment [and] reasonable compensation must therefore be paid to the complainant".

  Keywords:

  compensation; consequence; definition; presumption; professional accident; right; service-incurred;
  

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