Subsidiary (641,-666)

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Keywords: Subsidiary
Total judgments found: 20

• Judgment 2583

  
  102nd Session, 2007
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "[A]ccording to precedent (see for example Judgments 1330 and 2204), staff members have an obvious interest in ascertaining the value of their pension rights as soon as possible, even if they are still serving: the receivability of their action does not depend on proving actual and certain injury, but on their having an interest in obtaining recognition of their future rights, regardless of whether their pleadings are well founded."

  Reference(s)

  ILOAT Judgment(s): 1330, 2204
  

  Keywords:

  amount; case law; condition; consequence; injury; pension entitlements; receivability of the complaint; staff member's interest; subsidiary;
  

  
  
  

• Judgment 2521

  
  100th Session, 2006
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  In a case of moral harassment, the existence of "other complaints [...] might [...] support [...] the claim of harassment, but the absence of complaint could not be used to support the contrary proposition."

  Keywords:

  complaint; evidence; harassment; lack of evidence; moral injury; organisation's duties; respect for dignity; subsidiary;
  

  
  
  

• Judgment 2515

  
  100th Session, 2006
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 22

  Extract:

  An international organisation cannot depart from its "obligation to inform staff members of the aspects of their performance or conduct that are said to be unsatisfactory and to provide them with an opportunity to remedy the situation". Failing that, any decision based on such grounds (such as, for example, refusal to grant a salary increment) would be considered as "not taken in good faith".

  Keywords:

  conduct; consequence; decision; duty to inform; good faith; grounds; increase; organisation's duties; refusal; step; subsidiary; unsatisfactory service;
  

  
  
  

• Judgment 1820

  
  86th Session, 1999
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "Where a rule is cast in more than one official language and no one version is to prevail, all versions shall be deemed to bear the same meaning and the right construction shall be the one that respects the draftsman's intent and best reconciles them". The Tribunal cites the case law.

  Keywords:

  authentic version; case law; interpretation; purpose; subsidiary; written rule;
  

  
  
  

• Judgment 1783

  
  85th Session, 1998
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "When the Tribunal quashes a flawed decision not to renew a fixed-term appointment it has discretion as to the relief it grants. It may send the case back for a new decision by the Organisation on renewal [...] but if it considers that renewal would be only fair, it will, instead of ordering a new decision, actually order reinstatement under a new contract for an appropriate term. [...] But if it considers neither a new decision nor reinstatement to be possible or advisable, it may, as authorised by Article VIII of its Statute, award the complainant compensation."

  Reference(s)

  ILOAT reference: ARTICLE VIII OF THE STATUTE
  
  

  Keywords:

  allowance; application for execution; case sent back to organisation; compensation; contract; decision quashed; duration of appointment; effect; fixed-term; iloat statute; judgment of the tribunal; non-renewal of contract; reinstatement; subsidiary;
  

  
  
  

• Judgment 1477

  
  80th Session, 1996
  International Training Centre of the International Labour Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  "As the Tribunal held in Judgment 1359 [...], an organisation must be careful to abide by the rules on selection and appointment. When the process proves flawed the Tribunal will quash any decisions it engendered and order resumption with due heed to the rules".

  Reference(s)

  ILOAT Judgment(s): 1359
  

  Keywords:

  appointment; case law; competition; competition cancelled; consequence; due process; flaw; procedural flaw; subsidiary;
  

  
  
  

• Judgment 1450

  
  79th Session, 1995
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 20

  Extract:

  Having been denied permanent appointments, the complainants are seeking compensation failing reinstatement. The EPO pleads that the claim is irreceivable for failure to exhaust the internal remedies open to them. "The EPO fails in its preliminary objection to the complainants' claim to damages. [...] The organisation must realise, it is precisely in cases like this, about termination of employment, that the Tribunal may [...] itself award damages if it deems reinstatement impossible."

  Keywords:

  application of law ex officio; claim; internal remedies exhausted; material damages; receivability of the complaint; reinstatement; subsidiary;
  

  
  
  

• Judgment 1386

  
  78th Session, 1995
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 26

  Extract:

  "The relief the complainant seeks includes reinstatement in his post or, failing that, damages for material and moral injury [...]. The Tribunal holds that reinstatement, which could only mean reinstatement for a further probationary period, would raise insurmountable practical difficulties because of the time that has elapsed since the date of dismissal [...]. [The complainant is] entitled to full compensation for the material and moral injury he sustained."

  Keywords:

  compensation; date; material damages; material injury; moral injury; probationary period; refusal; reinstatement; subsidiary; termination of employment;
  

  
  
  

• Judgment 1355

  
  77th Session, 1994
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "There is no rule or principle of law that requires the Director-General to state in so many words just why he has turned someone down for promotion or appointment. What matters is that, if the official asks, the reasons must be revealed. Otherwise the Tribunal may not exercise its power of review and determine whether the reasons are lawful and the decision sound."

  Keywords:

  appointment; candidate; decision; duty to substantiate decision; general principle; grounds; judicial review; no provision; official; organisation's duties; post; promotion; refusal; request by a party; subsidiary; written rule;
  

  
  
  

• Judgment 1338

  
  77th Session, 1994
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  "Although Judgment 1133 declared [the complainant's] dismissal null and void it did not order reinstatement." The WHO exercised the "option of paying him financial compensation: that was in lieu of reinstatement".

  Reference(s)

  ILOAT Judgment(s): 1133, 1219
  

  Keywords:

  application for execution; compensation; judgment of the tribunal; organisation's duties; reinstatement; subsidiary;
  

  
  
  

• Judgment 1313

  
  76th Session, 1994
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  In an earlier judgment the Tribunal ordered the WHO to reinstate the complainant or, failing that, to pay him compensation. The WHO paid him the compensation after stating in a letter to him that it was unable to reinstate him. "The letter [...] does not say why reinstating him proved impossible. It is mere notification, not an explanation [...] its decision not to reinstate him therefore cannot stand."

  Keywords:

  application for execution; duty to substantiate decision; material damages; refusal; reinstatement; subsidiary;
  

  
  
  

• Judgment 881

  
  64th Session, 1988
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 14

  Extract:

  "Likewise immaterial are the level and length of the experience [the complainant] says should count, and how long such experience must be to be treated as exceptional under I.1 [of Circular 144]. Such questions arise only where the applicant has no degree but is recruited on the strength of exceptional practical experience."

  Reference(s)

  Organization rules reference: POINT I.1 OF CIRCULAR 144
  
  

  Keywords:

  appointment; degree; exception; professional experience; subsidiary; terms of appointment;
  

  
  
  

• Judgment 862

  
  63rd Session, 1987
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  Article 3.1.1.2 of the ILO Staff Regulations provides for periodic adjustments to pensionable remuneration. The application of this regulation was suspended effective 1 April 1985. The complainants argue that the absence of an adjustment on 1 April 1986 breaches their acquired rights. "The complainants say they cannot put a figure on the loss sustained but they submit a table showing losses that range from 13 to 39 per cent according to grade. The table does not distinguish between loss due to the measures of which the Tribunal was informed in the earlier proceedings - and which it declared lawful - and loss alleged to be due to the failure to revise the scale on 1 April 1986. So in any event the Tribunal cannot but endorse its ruling in Judgment 832 under 16." The complaints are dismissed.

  Reference(s)

  Organization rules reference: ARTICLE 3.1.1.2 OF THE ILO STAFF REGULATIONS
  ILOAT Judgment(s): 832
  

  Keywords:

  acquired right; adjustment; amount; breach; date; difference; enforcement; grade; injury; pension; pension entitlements; pensionable remuneration; provision; reckoning; res judicata; staff regulations and rules; subsidiary; suspensive action;
  

  
  
  

• Judgment 756

  
  59th Session, 1986
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "Failing [...] reinstatement the complainant is entitled to be paid for the period during which she has not worked compensation equivalent to the sums she would have been paid if reinstated, the purpose being to safeguard the right to reinstatement."

  Keywords:

  abolition of post; amount; material damages; reinstatement; subsidiary;
  

  
  
  

• Judgment 541

  
  49th Session, 1982
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  When rendering his opinion, the organization's doctor took insufficient account of essential facts. "The complainant is therefore entitled to relief. The relief can take the form of re-instatement, which is one of the remedies sought by the complainant, or the payment of compensation, which is an alternative remedy sought. In the circumstances of this case, the latter solution appears more desirable [...]."

  Keywords:

  health reasons; material damages; reinstatement; subsidiary; termination of employment; termination of employment for health reasons;
  

  
  
  

• Judgment 500

  
  48th Session, 1982
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  Article 92 of Eurocontrol's General Conditions of Employment establishes the jurisdiction of the Tribunal "in the absence of a competent national jurisdiction. But [...] the Constitutional Court of the Federal Republic of Germany held that the West German courts were not competent in this case. Nor may any other national jurisdiction be invoked."

  Keywords:

  competence; competence of tribunal; municipal court; subsidiary;
  

  
  
  

• Judgment 266

  
  36th Session, 1976
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "It appears from the facts of the case that [...] the complainant's attitude had not been such as is expected of an international official and that in particular he committed serious acts of misconduct which cast doubt on his integrity. The behaviour of which the complainant was accused - and the falsity of those accusations is not established - is such as to afford lawful grounds for the impugned decision. It was open to the Director-General to take disciplinary action against the complainant on the grounds of that behaviour and he was therefore entitled, as he in fact did, merely to refuse to renew his contract."

  Keywords:

  conduct; contract; disciplinary procedure; fitness for international civil service; fixed-term; non-renewal of contract; serious misconduct; subsidiary;
  

  
  
  

• Judgment 136

  
  22nd Session, 1969
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  If the organization does not renew the appointment, it shall pay complainant such compensation as is equitable. If the sums offered to the complainant "are not such as he considers equitable, he may submit a claim in respect thereof to the Tribunal, giving all the information necessary to its assessment and stating in particular : a) the amount of his remuneration when employed by the organization; and b) the nature and periods of any employment obtained by him since [he left the organization] and the amounts earned thereby."

  Keywords:

  amount; contract; criteria; fixed-term; material damages; non-renewal of contract; reinstatement; subsidiary; suspension;
  

  
  
  

• Judgment 133

  
  21st Session, 1969
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "The evidence produced does not establish that the organization fulfilled all its obligations in the matter." On three occasions account was taken of the complainant's candidature in respect of vacant posts. "Nevertheless, on each of these occasions, instead of simply considering the complainant's qualifications and appointing him to a post that he was capable of filling, the organization assessed the merits of the various applicants and thus followed the normal procedure. In so doing it complied with the letter of the Regulations, but it did not take account of the general principle* derived from [the applicable provision]". *Preference should be extended to deserving former staff members.

  Keywords:

  abolition of post; contract; fixed-term; material damages; organisation's duties; priority; reassignment; subsidiary; termination of employment; vacancy;
  

  
  
  

• Judgment 89

  
  15th Session, 1965
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The charges against the complainant warranted the Director-General's decision to initiate disciplinary proceedings. In offering him the choice between resignation and appearing before the Joint Committee, the Director-General acted freely and out of good-will. "It was open to the complainant, if he so desired, to defend himself against the charges preferred against him. The choice that lay before him was therefore entirely free."

  Keywords:

  disciplinary measure; disciplinary procedure; executive head; lack of consent; misconduct; proposal; resignation; right to reply; subsidiary;