Tribunal (101, 106, 107, 963,-666)
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Keywords: Tribunal
Total judgments found: 122
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Judgment 1812
86th Session, 1999
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"There is no single time limit for executing judgments. The Tribunal's practice is to let the organisation have a reasonable amount of time to act, and what is reasonable will depend, among other things, on the circumstances and the issues at stake. To be sure, the Tribunal has said more than once that any lump-sum award by the Tribunal is to be paid in 30 days [see Judgments 1620 and 1748]. That deadline holds good when the organisation may readily work out the amount due. But it does not when a case is sent back for a new decision: the time to be allowed will then turn on the peculiarities of the case."
Reference(s)
ILOAT Judgment(s): 1620, 1748
Keywords:
application for execution; case law; case sent back to organisation; delay; execution of judgment; judgment of the tribunal; organisation's duties; practice; time limit; tribunal;
Judgment 1798
86th Session, 1999
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"A strong line of precedent has it that payslips are individual decisions which may be challenged before the Tribunal. [...] Even though the council has reserved its right to alter pay for July 1996 later, and retroactively, the impugned decisions do show a cause of action."
Keywords:
amendment to the rules; case law; cause of action; discretion; executive body; individual decision; payslip; tribunal;
Judgment 1788
86th Session, 1999
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Having won satisfaction only after filing suit, the complainant is entitled to costs in the amount he claims: 5,000 Swiss francs."
Keywords:
costs; late decision; tribunal; withdrawal of decision;
Judgment 1717
84th Session, 1998
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Interpretation depends both on the context and on the nature of the text. [...] Judgment 1614 used the word [pay] to determine the amount of damages and ordered the fund to pay [the complainant] what she would have earned for six months' service. So 'pay' means the amount she would have actually received had she been under contract for those six months, and it must include salary and any allowances payable to her of whatever kind - post adjustment, family allowance, and so forth. It does not, however, include the compulsory health insurance and other contributions that were routinely docked from her emoluments."
Reference(s)
ILOAT Judgment(s): 1614
Keywords:
allowance; application for execution; application for interpretation; definition; interpretation; salary; tribunal;
Judgment 1706
84th Session, 1998
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"As for the special panel set up to deal with allegations of discrimination, neither the Joint Appeals Board nor UNIDO cites any provision of the Staff Rules which compels recourse to that panel. The complainant's failure to put her grievance to it does not make her complaint irreceivable. Where a matter is otherwise within its jurisdiction the Tribunal can and will entertain related allegations of discrimination."
Keywords:
competence of tribunal; internal appeal; internal appeals body; internal remedies exhausted; priority; receivability of the complaint; right; sex discrimination; staff member's duties; staff regulations and rules; tribunal;
Judgment 1702
84th Session, 1998
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Neither of the parties informed the Tribunal of the FAO's decision of 19 June 1995 to recognise the complainant's illness as service-incurred." Having been accordingly unaware of that fact when it delivered Judgment 1486 on 1 February 1996, the Tribunal "regards that failure as a breach of the courtesy which the parties owed it."
Reference(s)
ILOAT Judgment(s): 1486
Keywords:
application for execution; case pending; decision; duty to inform; judgment of the tribunal; procedure before the tribunal; tribunal;
Judgment 1658
83rd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The complainant asks the Tribunal 'to declare itself not neutral to give a judgment in this complaint because of the Tribunal's involvement (and especially of its members) in the Judgements 1041, 1296, 1297 and 1333.' The claim is not acceptable. The Tribunal will entertain each case that comes before it [...]. Besides, by lodging this complaint the complainant has acknowledged the Tribunal's competence to hear it. If he does not want the Tribunal to rule on his case, his remedy is to withdraw suit. He has not done so."
Reference(s)
ILOAT Judgment(s): 1041, 1296, 1297, 1333
Keywords:
bias; competence of tribunal; complaint; tribunal; withdrawal of suit;
Judgment 1636
83rd Session, 1997
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Under dispute is a decision by the Secretary-General to hold new elections for staff representatives on the ITU's Staff Pension Committee. Although "the executive head took the impugned decision not on behalf of the pension fund but in the exercise of the authority he has, or believes he has, to act for the organisation" the Tribunal lacks jurisdiction because the case is about the Secretary-General's failure to observe Article 6 of the Regulations of the United Nations Joint Staff Pension Fund.
Keywords:
competence of tribunal; decision; election; fund regulations; staff pension committee; staff representative; tribunal; unjspf;
Consideration 7
Extract:
Though the Tribunal has competence under Article II (3) of its Statute to hear "any complaint of non-observance of the staff pensions regulations or of rules made in virtue thereof", that provision "alludes to the Staff Pension Scheme of the League of Nations".
Reference(s)
ILOAT reference: ARTICLE II (3) OF THE STATUTE
Keywords:
competence of tribunal; iloat statute; league of nations; pension; tribunal;
Judgment 1522
81st Session, 1996
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"That he set out his pleas in a brief entered several months [after filing his complaint] after due extension of the time limit granted for the purpose, has no bearing on receivability. As was held in Judgment 1305 [...] under 16 - to which the Tribunal draws the organization's attention - the Registrar may as such take any action he sees fit to safeguard due process."
Reference(s)
ILOAT Judgment(s): 1305
Keywords:
case law; complaint; correction of complaint; formal requirements; iloat statute; new time limit; procedure before the tribunal; receivability of the complaint; submissions; tribunal;
Judgment 1456
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 31
Extract:
The Tribunal "may not order the organisation to negotiate with a member State or set the objectives of any such negotiation."
Keywords:
competence of tribunal; judgment of the tribunal; member state; organisation; tribunal;
Judgment 1451
79th Session, 1995
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"The [amendment in question] strikes out of the terms of employment ipso facto the safeguard of international judicial review and vests jurisdiction in municipal courts instead. The amendment brings about an immediate and almost irreversible change in the system of appeal. So [...] every staff member has an actual and present interest in having light shed on the matter. The Tribunal affords guarantees of a system of international law within the bounds of its competence: see Judgments 1265, under 24, and 1328, under 13. It would therefore be wrong to deny the staff the right of appeal on the grounds that the impugned decision is general in purport."
Reference(s)
ILOAT Judgment(s): 1265, 1328
Keywords:
amendment to the rules; case law; cause of action; competence of tribunal; complaint; general decision; internal appeal; municipal court; receivability of the complaint; right of appeal; safeguard; staff regulations and rules; tribunal;
Consideration 27
Extract:
"In this case there are close enough connections with both municipal and international law to warrant recognition of both jurisdictions, each for different issues. A staff member may therefore go to whatever tribunal he deems competent, and any tribunal with which suit is filed will determine whether the material issues of the particular case make it the most suitable jurisdiction. Such is the universally acknowledged doctrine of the forum conveniens".
Keywords:
competence; competence of tribunal; municipal court; tribunal;
Judgment 1450
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"The Tribunal has never ruled out municipal law a priori. Although it is ordinarily and essentially competent in a context of international law, it may well have to heed some provisions of municipal law where, as indeed in this case, there is renvoi to such law in a contract of service or in an organisation's rules. Precedent further has it that there may be reference to municipal law for the sake of comparison and so as to educe certain general principles of law that apply to the international civil service."
Keywords:
applicable law; case law; contract; domestic law; general principle; international civil service principles; staff regulations and rules; tribunal;
Judgment 1392
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
"The appeal procedure set forth in the Service Regulations is, to quote Article 106, an individual appeals system. Such too is the basic feature of the system of appeal embodied in Article II of the Statute of the Tribunal, though it is subject to the provision in Article VII(2) setting a special time limit for appeal against any decision affecting a 'class of officials', which runs from the date of issue. So it is only by virtue of an individual contract of employment with the organisation that someone may lodge a complaint and the complainant may not alter the nature of the suit by declaring when he files the complaint that he is doing so as a staff union representative."
Reference(s)
ILOAT reference: ARTICLE II AND ARTICLE VII(2) OF THE STATUTE
Organization rules reference: ARTICLE 106 OF THE EPO SERVICE REGULATIONS
Keywords:
competence of tribunal; complainant; complaint; general decision; iloat statute; internal appeal; locus standi; publication; receivability of the complaint; staff regulations and rules; staff representative; start of time limit; time limit; tribunal;
Judgment 1391
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Decisions taken by the organisation are subject to review on grounds such as bias, bad faith, malice and abuse of authority. When seeking to defend his interests by impugning any such decision, an employee is entitled to allege and attempt to establish such grounds. A fair decision cannot be reached upon such matters by an internal appeals body or by this Tribunal if witnesses, parties and their representatives are unable to speak candidly and without the risk of incurring a penalty for what they may say, and especially if one party is unduly inhibited by the fear that failure to prove his case my make him liable to disciplinary action by the other party."
Keywords:
abuse of power; bias; burden of proof; complainant; complaint; disciplinary measure; evidence; freedom of speech; internal appeal; internal appeals body; judicial review; misuse of authority; submissions; testimony; tribunal;
Consideration 10
Extract:
The complainant was subject to disciplinary action for having made statements, some of them before the Tribunal, which allegedly impaired the organisation's and the Tribunal's reputations. The Disciplinary Committee asked whether the punishment of offensive remarks "for which there is no clear justification supported by evidence" would infringe the complainant's rights. The Tribunal holds that "such a test laid an undue burden on the complainant in that if he was to avoid the risk of disciplinary action he must prove the truth of his allegations. No such burden should have been put on him. The mere failure to prove the truth of his allegations did not mean that he had either abused his freedom of speech or forfeited the immunity or privilege of judicial proceedings."
Keywords:
burden of proof; complainant; complaint; criteria; disciplinary measure; evidence; freedom of speech; organisation's reputation; submissions; tribunal; vexatious complaint;
Judgment 1333
76th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The law that the Tribunal applies in entertaining claims that are put to it includes not just the written rules of the defendant organisation but the general principles of law and basic human rights."
Keywords:
applicable law; general principle; staff regulations and rules; tribunal; universal declaration of human rights;
Judgment 1328
76th Session, 1994
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
As the International Court of Justice has held, "that rulings by international administrative tribunals are binding in particular where they make awards against organisations is the corollary of their judicial authority." (Advisory opinions of 13 July 1954 and 23 October 1956.) "In Judgment 553 [...] the Tribunal explained the nature of the obligation that its rulings lay on an organisation".
Reference(s)
ILOAT Judgment(s): 553
Keywords:
advisory opinion of icj; application for execution; compensation; execution of judgment; icj; judgment of the tribunal; organisation's duties; payment; res judicata; tribunal;
Judgment 1305
76th Session, 1994
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"The Registrar's manifold responsibilities, which go far beyond the ambit of Article 7(4) [*] of the Rules of Court, include the general task of maintaining relations between the Tribunal and the parties and the just as important task of ensuring proper compilation of records on cases lodged with the Tribunal. In performing those tasks the Registrar is empowered ex officio to take any action he deems fit to safeguard due process."
*since 1 May 1994, Article 6(2) of the Tribunal's Rules
Reference(s)
ILOAT reference: ARTICLE 6(2) OF THE RULES
Keywords:
complaint; formal requirements; iloat statute; interpretation; procedure before the tribunal; receivability of the complaint; submissions; tribunal;
Consideration 17
Extract:
In the light of article 7(4) [*] of the Rules on the procedure for correcting a complaint, the Tribunal holds that "since those who fall within the Tribunal's jurisdiction live far and wide and are free to plead their own case, it is the Registrar's particular duty to see that complaints filed with the Tribunal are correctly presented and to offer a complainant such comment or advice as he thinks proper for the correction of the papers."
*since 1 May 1994, Article 6(2) of the Tribunal's Rules
Reference(s)
ILOAT reference: ARTICLE 7(4) OF THE RULES
Keywords:
complaint; correction of complaint; formal requirements; iloat statute; interpretation; procedure before the tribunal; receivability of the complaint; submissions; tribunal;
Judgment 1276
75th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"It is [...] proper to take consistent EPO practice as a guideline: it would be quite unreasonable to put on a poorly drafted text a construction that disrupted such administrative practice. Everyone concerned has till now seen it as striking a fair balance".
Keywords:
interpretation; organisation's interest; practice; staff regulations and rules; tribunal;
Judgment 1266
75th Session, 1993
International Union for the Protection of New Varieties of Plants
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
Vide Judgment 1265, consideration 21.
Reference(s)
ILOAT Judgment(s): 382, 825
Keywords:
adjustment; case law; coordinated organisations; general service category; icsc decision; local status; organisation's duties; reckoning; right of appeal; salary; scale; tribunal;
Consideration 23
Extract:
Vide Judgment 1265, consideration 23.
Reference(s)
ILOAT Judgment(s): 1197
Keywords:
adjustment; adversarial proceedings; coordinated organisations; duty to inform; general service category; icsc decision; local status; organisation's duties; reckoning; salary; scale; tribunal;
Consideration 38
Extract:
Vide Judgment 1265, consideration 38.
Keywords:
allowance; breach; international civil service principles; request by a party; tribunal;
Judgment 1265
75th Session, 1993
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 38
Extract:
"The complainants claim damages for breach of their basic rights, which the Tribunal has acknowledged. All that need be said is that payment of damages is not a proper means of giving them satisfaction on a matter of principle of that kind."
Keywords:
allowance; breach; compensation; international civil service principles; request by a party; tribunal;
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