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Duty to know the rules (852,-666)
You searched for:
Keywords: Duty to know the rules
Total judgments found: 29
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Judgment 4823
138th Session, 2024
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to grant him a contract of indefinite duration.
Consideration 23
Extract:
As the Tribunal recalled in Judgment 4741, consideration 13, “officials are expected to know their rights and the rules and regulations to which they are subject, and ignorance or misunderstanding of the law is no excuse (see, in this regard, Judgments 4673, consideration 16, 4573, consideration 4, 4324, consideration 11, and 4032, consideration 6)”.
Reference(s)
ILOAT Judgment(s): 4032, 4324, 4573, 4673, 4741
Keywords:
duty to know the rules;
Judgment 4822
138th Session, 2024
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to renew his fixed-term contract.
Consideration 9
Extract:
As the Tribunal recalled in Judgment 4741, consideration 13, “officials are expected to know their rights and the rules and regulations to which they are subject, and ignorance or misunderstanding of the law is no excuse (see, in this regard, Judgments 4673, consideration 16, 4573, consideration 4, 4324, consideration 11, and 4032, consideration 6)”.
Reference(s)
ILOAT Judgment(s): 4032, 4324, 4573, 4673, 4741
Keywords:
duty to know the rules;
Judgment 4777
137th Session, 2024
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the calculation of his remuneration and the determination of his step following his promotion from grade G.6 to grade P.3.
Consideration 6
Extract:
As the Tribunal has repeatedly stated, officials are expected to know the rules and regulations to which they are subject (see, for example, Judgment 4673, consideration 16, and the case law cited therein). This principle clearly includes any matters particular to their personal situation. It was the complainant’s choice to apply for the post in respect of which he was awarded the promotion in question and it was up to him to assess the advantages and disadvantages thereof beforehand.
Reference(s)
ILOAT Judgment(s): 4673
Keywords:
candidate; duty to be informed; duty to know the rules; ignorance of the rules; selection procedure;
Judgment 4775
137th Session, 2024
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to “terminate [her] contract after [her] resignation”.
Consideration 8
Extract:
[A]s the Tribunal’s case law has long emphasised, “every international civil servant is expected to know the rules and regulations to which [she or] he is subject” (see, for example, Judgments 4324, consideration 11, and 2962, consideration 13). The complainant cannot blame the FAO for her failure to familiarize herself with the Organization’s Administrative Manual.
Reference(s)
ILOAT Judgment(s): 2962, 4324
Keywords:
duty to be informed; duty to know the rules;
Judgment 4741
137th Session, 2024
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-renewal of her fixed-term contract.
Consideration 13
Extract:
[T]he complainant’s allegation that she was misled as to the potential exercise of her right of appeal [...] is unfounded. [T]he documents in the file show that the complainant was well aware of the relevant provisions of the Staff Rules.
As the Tribunal has repeatedly stated in its case law, officials are expected to know their rights and the rules and regulations to which they are subject, and ignorance or misunderstanding of the law is no excuse (see, in this regard, Judgments 4673, consideration 16, 4573, consideration 4, 4324, consideration 11, and 4032, consideration 6).
Furthermore, it must be noted that the Organisation’s reply [...] came shortly after the complainant’s appeal [...] had been submitted, and that on the date of the reply the complainant was not yet time-barred from bringing the matter before the Tribunal. This may be seen as evidence that the Organisation did not seek to mislead the complainant or lead her into a procedural trap and, on the contrary, duly informed her of her rights at a stage when she could still file a complaint.
Reference(s)
ILOAT Judgment(s): 4032, 4324, 4573, 4673
Keywords:
duty to be informed; duty to know the rules; good faith; ignorance of the rules; right of appeal;
Judgment 4696
136th Session, 2023
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to recover supposed overpayments made to him by way of expatriation allowance.
Consideration 10
Extract:
[S]taff members are expected to know their rights, ignorance of the law is no excuse and a staff member is deemed to know the regulations and rules governing her or his appointment (see Judgments 4242, consideration 6, and 4166, consideration 4).
Reference(s)
ILOAT Judgment(s): 4166, 4242
Keywords:
duty to be informed; duty to know the rules; ignorance of the rules;
Judgment 4673
136th Session, 2023
The Pacific Community
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment during her extended probation period.
Consideration 16
Extract:
As the Tribunal has repeatedly stated, officials are expected to know the rules and regulations to which they are subject and ignorance of the law is no excuse (see Judgments 4324, consideration 11, and 4032, consideration 6).
Reference(s)
ILOAT Judgment(s): 4032, 4324
Keywords:
duty to be informed; duty to know the rules; ignorance of the rules;
Judgment 4573
134th Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject as time-barred his request for review contesting deductions made from his remuneration in February 2013 and November 2014 for, respectively, pension contributions and the dependents and education allowances.
Consideration 4
Extract:
The complainant argues that he could not challenge the […] deductions before becoming aware of Article 88 of the Service Regulations, which, according to him, is relevant to his case. This type of argument has consistently been rejected by the Tribunal: a staff member is presumed to be aware of the organisation’s rules and regulations to which she or he is subject (see, for example, Judgments 4247, consideration 6, and 2962, consideration 13, cited therein).
Reference(s)
ILOAT Judgment(s): 2962, 4247
Keywords:
duty to know the rules; ignorance of the rules;
Judgment 4308
130th Session, 2020
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss him for misconduct.
Consideration 13
Extract:
[C]onsistent case law has it that a staff member is presumed to be aware of the organization’s rules and regulations to which she or he is subject (see, for example, Judgments 4247, consideration 6, and 2962, consideration 13).
Reference(s)
ILOAT Judgment(s): 2962, 4247
Keywords:
duty to know the rules;
Judgment 4247
129th Session, 2020
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her dismissal from service for serious misconduct.
Consideration 6
Extract:
Consistant case law has it that a staff member is presumed to be aware of the organization's rules and regulations to which she or he is subject (see, for example, Judgment 2962, consideration 13).
Reference(s)
ILOAT Judgment(s): 2962
Keywords:
duty to be informed; duty to know the rules; ignorance of the rules;
Judgment 4242
129th Session, 2020
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to consider her claim for compensation for illness attributable to the performance of official duties.
Consideration 6
Extract:
The Tribunal has consistently held that staff members are expected to know their rights and that ignorance of the law is no excuse, and it has reiterated that a staff member is deemed to know the regulations and rules governing her or his appointment (see, for example, Judgment 4032, under 6).
Reference(s)
ILOAT Judgment(s): 4032
Keywords:
duty to be informed; duty to know the rules; ignorance of the rules;
Judgment 4196
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject as time-barred his application for an inward transfer into the EPO’s pension scheme of pension rights previously accrued under a German pension scheme.
Consideration 4
Extract:
Consistent case law has it that “[t]he principle of good faith and the concomitant duty of care demand that international organisations treat their staff with due consideration in order to avoid causing them undue injury; an employer must consequently inform employees in advance of any action that may imperil their rights or harm their rightful interests” (see Judgment 2768, under 4, and the case law cited therein). It is clear that the Organisation fulfilled that duty in the present case. The Tribunal notes that its case law also holds that staff members have a duty to inform themselves; i.e. they are expected to know their rights and responsibilities or to ask for clarifications when there is any doubt (see, for example, Judgments 3878, under 12 and 17, and 4032, under 6).
Reference(s)
ILOAT Judgment(s): 2768, 3878, 4032
Keywords:
duty to be informed; duty to know the rules; ignorance of the rules;
Judgment 4166
128th Session, 2019
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges Eurocontrol’s decision to recover various sums which it considers were unduly paid to him.
Consideration 4
Extract:
[T]he Tribunal recalls that, according to its case law, “staff members are expected to know their rights: ignorance of the law is no excuse” (see Judgment 1700, consideration 28). The Tribunal thus held that “a staff member is deemed to know the regulations and rules governing her or his appointment” (see Judgment 3878, consideration 12).
Reference(s)
ILOAT Judgment(s): 1700, 3878
Keywords:
duty to be informed; duty to know the rules; ignorance of the rules;
Judgment 4101
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who alleges that he was subjected to moral harassment, challenges the refusal to extend his special leave without pay and to grant him certain accommodations with regard to his working arrangements.
Consideration 3
Extract:
[S]taff members of international organizations have a duty to acquaint themselves with the rules and regulations which apply to them and cannot plead ignorance thereof (see Judgments 3135, consideration 14, and 3726, consideration 12).
Reference(s)
ILOAT Judgment(s): 3135, 3726
Keywords:
duty to be informed; duty to know the rules; ignorance of the rules;
Judgment 4032
126th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to accept for consideration on the merits her compensation claim for service-incurred injury.
Consideration 6
Extract:
The additional reason adduced by the complainant is that she was unaware of her right as a staff member to make such a claim. It is observed that the Tribunal has consistently held that “staff members are expected to know their rights: ignorance of the law is no excuse” (Judgment 1700, under 28) and has reiterated recently in Judgment 3878, under 12, that “a staff member is deemed to know the regulations and rules governing her or his appointment” (citations omitted). It follows that this additional reason is not a valid reason.
Reference(s)
ILOAT Judgment(s): 1700, 3878
Keywords:
duty to be informed; duty to know the rules; ignorance of the rules;
Judgment 3878
124th Session, 2017
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to reimburse him for his FAO-derived income taxes, interest charges and penalties paid to the United States tax authorities.
Consideration 12
Extract:
[A] staff member is deemed to know the regulations and rules governing her or his appointment (see, for example, Judgments 1700, consideration 28, 2960, consideration 7, 3135, consideration 14, and 3726, consideration 12).
Reference(s)
ILOAT Judgment(s): 1700, 2960, 3135, 3726
Keywords:
duty to be informed; duty to know the rules; ignorance of the rules;
Judgment 3726
123rd Session, 2017
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss her claim for compensation on account of labour exploitation and compulsory labour.
Consideration 12
Extract:
[A]s has been stated, in Judgment 3135, consideration 14, for example, staff members of international organizations have a duty to acquaint themselves with the rules and regulations which apply to them and cannot rely on lack of knowledge of them.
Reference(s)
ILOAT Judgment(s): 3135
Keywords:
duty to be informed; duty to know the rules; ignorance of the rules;
Judgment 3135
113th Session, 2012
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
It is to no avail that the complainant attempts to argue, in this connection, that she was not fully informed of the internal appeal procedures available to her under the Staff Regulations. Quite apart from the fact that she was manifestly aware of the possibility of lodging a “complaint”, because she did so, consistent precedent has it that the staff members of international organisations are deemed to know the provisions of the staff regulations applying to them (see, for example, Judgment 1700, under 28).
Reference(s)
ILOAT Judgment(s): 1700
Keywords:
duty to be informed; duty to know the rules; ignorance of the rules;
Judgment 2996
110th Session, 2011
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"While procedural rules and time limits usually apply to the officials of international organisations without it being necessary to recapitulate them when a decision is notified, this is not the case where a rule expressly establishes an obligation to provide this information when notifying a decision [...] and where this formality has not been respected. [...] [T]he principle of good faith requires that an official's complaint will not be deemed irreceivable owing to his or her failure to lodge an internal appeal, if the organisation itself has not abided by the requisite formalities enabling the official to submit an appeal."
Keywords:
duty to be informed; duty to know the rules; good faith; ignorance of the rules; internal remedies exhausted; patere legem; receivability of the complaint; written rule;
Judgment 2962
110th Session, 2011
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"According to firm precedent, every international civil servant may be expected to know the rules and regulations to which he is subject."
Keywords:
duty to be informed; duty to know the rules; ignorance of the rules;
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