Competence of Tribunal (102, 103, 105, 694, 699, 700, 701, 844, 702, 703, 727, 830, 861, 878, 944, 946, 948,-666)
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Keywords: Competence of Tribunal
Total judgments found: 473
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Judgment 1105
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainant is objecting to a decision based on a statement allegedly made by the Director-General about the circumstances of his departure from UNESCO. The Tribunal is competent ratione personae: under Article II(6) of its Statute it is open to former officials of UNESCO." But it is not competent ratione materiae under II(5) inasmuch as he is not alleging non-observance of the terms of his appointment or provisions of the Staff Regulations. "He must show not just some connection with the terms of his appointment but also 'non-observance' of them."
Reference(s)
ILOAT reference: ARTICLE II(5) AND (6) OF THE STATUTE
Keywords:
competence of tribunal; condition; contract; iloat statute; separation from service;
Judgment 1104
71st Session, 1991
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal is not competent under its Statute to rule on the lawfulness of a report or recommendation by an advisory body."
Keywords:
advisory body; competence of tribunal; internal appeals body; recommendation; report;
Judgment 1101
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainants, who are employees of Eurocontrol, seek the quashing of an Office Notice insofar as it informs staff that expenses arising from trace-element therapy (oligo-elements), aromatherapy and phytotherapy are not to be refunded. The Agency pleas that the complaint is irreceivable. "It is worth pointing out that in Judgment 961 [...] of 27 June 1989 the Tribunal held that it was 'competent only to entertain individual and actual disputes' and would not make prior rulings of general purport. Again in Judgment 1081 [...] of 29 January 1991 it affirmed that no appeal would lie against a general decision provided that it was such as needed in all cases to be followed by a challengeable individual one."
Reference(s)
ILOAT Judgment(s): 961, 1081
Keywords:
administrative instruction; cause of action; competence of tribunal; general decision; health insurance; individual decision; medical expenses; receivability of the complaint; refund; refusal;
Consideration 9
Extract:
The complainants are challenging an Office Notice that merely informs them that expenses incurred for certain forms of treatment will not be refunded. "There will be a decision challengeable under Article VII of the Tribunal's Statute only when Eurocontrol has, in accordance with its rules, refused a staff member refund of the cost of a particular sort of treatment. The Tribunal will then rule according to the criteria it stated in Judgment 1088 of 29 January 1991, taking medical advice if need be. It may not make a prior ruling of general application to the sorts of treatment covered by the Office Notice."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
ILOAT Judgment(s): 1088
Keywords:
administrative instruction; competence of tribunal; general decision; health insurance; individual decision; medical expenses; receivability of the complaint; refund;
Judgment 1081
70th Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The fact "that the measure under challenge affects several groups of staff and is therefore general in purport [...] does not in itself make the complaints irreceivable: decisions do not need to be individual to be challengeable before the Tribunal. As Article VII(2) of the Tribunal's Statute makes plain, a general decision too is challengeable. That article sets the time limit for filing a complaint against 'a decision affecting a class of officials', in other words a general decision. Yet that does not mean that a complaint challenging any sort of general decision will necessarily be receivable: there is also the rule in VII(1) that the internal means of redress must have been exhausted."
Reference(s)
ILOAT reference: ARTICLE VII(1) AND (2) OF THE STATUTE
Keywords:
competence of tribunal; condition; date; general decision; iloat statute; individual decision; internal remedies exhausted; receivability of the complaint; time limit;
Judgment 1065
70th Session, 1991
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant submits that the Tribunal is incompetent to hear disputes between the EPO and its employees. "He is mistaken. In accordance with Article 13 of the European Patent Convention, the European Patent Organisation has made a declaration recognising the jurisdiction of the Tribunal in respect of disputes between the Organisation and its employees, and the Governing Body of the International Labour Office has approved that declaration."
Reference(s)
Organization rules reference: ARTICLE 13 OF THE EUROPEAN PATENT CONVENTION
Keywords:
competence of tribunal; condition; declaration of recognition;
Judgment 1052
69th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant worked in the International Labour Office as a language teacher. Though the complainant was not an ILO official, the Tribunal is competent to hear the complaint under Article II(4) of its Statute.
Reference(s)
ILOAT reference: ARTICLE II(4) OF THE STATUTE
Keywords:
competence of tribunal; contract; iloat statute; locus standi; status of complainant;
Judgment 1033
69th Session, 1990
International Union for the Protection of New Varieties of Plants
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"According to Article II(5) of its Statute, [the Tribunal] is competent to hear a complaint only if the international organisation that employs the complainant has addressed to the Director-General of the International Labour Office a declaration of recognition in accordance with its constitution or internal administrative rules and if the Governing body of the International Labour Office has approved the declaration." As the International Union for the protection of new varieties of plants (UPOV) has not met these requirements, the Tribunal is not competent to hear the complaint filed by an official of that organisation even though the WIPO Staff Regulations and Staff Rules apply to him as a UPOV employee.
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; condition; declaration of recognition; enforcement; staff regulations and rules;
Judgment 1026
69th Session, 1990
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is not this Tribunal but the United Nations Administrative Tribunal that hears disputes over the application of the Fund Regulations."
Keywords:
competence of tribunal; fund regulations; unjspf;
Judgment 1020
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
Article 2 of section 2 of Appendix VII of the Staff Rules is headed "Officials of the organization who have an acquired right with regard to the location of their duty station". The Tribunal holds that "the text is not to be taken literally. It cannot mean that the organization needs its staff's consent to decide on a matter like the transfer of its headquarters. A decision of that kind is inherently immune to review."
Reference(s)
Organization rules reference: ARTICLE 2 OF SECTION 2 OF APPENDIX VII OF INTERPOL STAFF RULES
Keywords:
acquired right; competence of tribunal; transfer of headquarters;
Judgment 1019
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
Vide Judgment 1020, consideration 13.
Reference(s)
Organization rules reference: ARTICLE 2 OF SECTION 2 OF APPENDIX VII OF THE THE INTERPOL STAFF RULES
Keywords:
acquired right; competence of tribunal; transfer of headquarters;
Judgment 1013
68th Session, 1990
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Although the language groups of the [Universal Postal] Union do have some autonomy, they lack legal personality of their own and, as the Tribunal held in Judgment 122, the [UPU's] recognition of the Tribunal's jurisdiction applies to the groups as well."
Reference(s)
ILOAT Judgment(s): 122
Keywords:
competence of tribunal; declaration of recognition;
Consideration 5
Extract:
"The Union may always denounce its recognition of the Tribunal's jurisdiction, though in keeping with the rule that similar acts require similar procedures the same authority must denounce the recognition, and by the same process, as originally declared it."
Keywords:
competence of tribunal; declaration of recognition;
Judgment 1012
68th Session, 1990
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In line with the principles the Tribunal affirmed in Judgments 624 and 902 the complainants may challenge the Director General's decisions to apply the general measures to them and may thereby also challenge the lawfulness of the commission's decisions. [...] The defendant's objections to receivability fail insofar as they relate to the pay slips the complainants received in July, August and September 1987" and which informed them of reductions made to their salary.
Reference(s)
ILOAT Judgment(s): 624, 902
Keywords:
competence of tribunal; general decision; individual decision; payslip; receivability of the complaint;
Judgment 1001
68th Session, 1990
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"When impugning an individual decision that touches him directly the employee of an international organisation may challenge the lawfulness of any general or prior decision, even by someone outside the organisation, that affords the basis for the individual one (cf. Judgments 382 [...], 622 [...] and 825 [...]). The present complainants may accordingly challenge the lawfulness of the general methodology and of the 1987 survey of Vienna, which, taken together, constitute the basis in law of the decisions under challenge."
Reference(s)
ILOAT Judgment(s): 382, 622, 825
Keywords:
competence of tribunal; decision-maker; general decision; inquiry; investigation; receivability of the complaint; reduction of salary; salary;
Judgment 1000
68th Session, 1990
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
See Judgment 1001, consideration 12.
Reference(s)
ILOAT Judgment(s): 382, 622, 825, 1001
Keywords:
competence of tribunal; decision-maker; general decision; inquiry; investigation; receivability of the complaint; reduction of salary; salary;
Judgment 994
68th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10, Summary
Extract:
The Tribunal will only set aside a decision to the extent of the complainant's claims for relief.
Keywords:
claim; competence of tribunal; limits;
Judgment 990
68th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Tribunal "may not order any increase in [the complainant's] pension in redress for the breach of the regulations since the body that determines the pension is outside its jurisdiction."
Keywords:
amount; competence; competence of tribunal; flaw; pension; reckoning; unjspf;
Judgment 986
67th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal may not review the management of the [United Nations Joint Staff Pension] Fund, the sole basis of its competence in this case being the ILO's Staff Regulations."
Keywords:
competence of tribunal; iloat; pension; unjspf;
Consideration 13
Extract:
"Being neither arbitrator nor mediator, the Tribunal has only a limited power of review [in the area of staff remuneration] and will declare whether the impugned decisions square with general principles, with the Staff Regulations and with the terms of the complainants' appointment."
Keywords:
competence of tribunal; enforcement; general principle; salary; staff regulations and rules; terms of appointment;
Consideration 2
Extract:
"The complainants are alleging breach of the Staff Regulations: to be precise, of Article 3.1.1, which defines pensionable remuneration. As it held in Judgments 832 and 862 the Tribunal is competent under Article II(1) of its Statute to entertain complaints of that kind, seeking as they do the quashing of decisions allegedly in breach of the terms of appointment of staff. What is at issue is the relationship between the Organization and its staff, [and in such matters] the Tribunal is fully competent".
Reference(s)
ILOAT reference: ARTICLE II(1) OF THE STATUTE
Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS
ILOAT Judgment(s): 832, 862
Keywords:
breach; competence of tribunal; judicial review; pensionable remuneration; provision; staff regulations and rules;
Judgment 967
66th Session, 1989
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The application of the Staff Regulations to the complainant "was expressly excluded by his successive contracts of employment." As a result the Tribunal is not competent to hear the complaint.
Keywords:
competence of tribunal; contract; locus standi; staff regulations and rules; status of complainant;
Summary
Extract:
"The choice of the Tribunal as the forum in cases in which it would not otherwise have jurisdiction is a term which by its very nature may not be implied but must be expressly agreed between the parties." In accordance with Article II, paragraph 4, of the Statute of the Tribunal, the organisation is correct in holding that the choice of forum must be an express term of the contract.
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 4, OF THE STATUTE
Keywords:
competence of tribunal; contract; vested competence;
Judgment 961
66th Session, 1989
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4, Summary
Extract:
The Permanent Commission of Eurocontrol took a decision of policy to bring about a differential of up to 5 per cent between staff pensions in the European Communities and pensions in Eurocontrol. The complainants are challenging a general decision, not individual decisions. Not one of the complainants has retired. "Since the amount of the complainants' pension contributions is not under challenge, all that is material in this case is the amount each complainant will get when he retires. The Tribunal will not make a general ruling, being competent only to entertain individual and actual disputes, and it therefore declares the complaints irreceivable."
Keywords:
cause of action; competence of tribunal; general decision; individual decision; legislative body; pension; pension entitlements; receivability of the complaint; reduction of salary;
Judgment 960
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The notice [...] that prompted her internal appeal cannot in itself afford grounds for a complaint to the Tribunal since it merely showed the amount of the benefit she would get according to the option she preferred, and that amount is determined by the United Nations Joint Staff Pension Fund. if, as the ILO maintains, that is how the notice is to be construed, the Tribunal may not review the lawfulness of the decision." However, the complainant takes a different line. The complainant's objections, based on Article 8.2 of the ILO Staff Regulations, concern not the amount of her pension, but the fact that account was taken of the new scale of pensionable remuneration which the Director-General had brought in as from 1 April 1985. Therefore, the Tribunal is competent.
Reference(s)
Organization rules reference: ARTICLE 8.2 OF THE ILO STAFF REGULATIONS
Keywords:
amount; competence; competence of tribunal; decision; pension; pension entitlements; pensionable remuneration; scale; unjspf;
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