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: 463
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Judgment 728
58th Session, 1986
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"UNESCO, which has been informed of the withdrawal, alleges that the complainant has acted for purely tactical reasons in filing a complaint he described as urgent and then withdrawing it. It asks the Tribunal not to record the withdrawal but to hear the complaint and declare it irreceivable. When a complainant withdraws suit the Tribunal will not look into his reasons for surrendering his claims."
Keywords:
competence of tribunal; organisation; refusal; withdrawal of suit;
Judgment 702
57th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1, Summary
Extract:
The Tribunal finds that even though the complainant was never strictly speaking a staff member of the organization his link with it was more than a purely casual one. Accordingly, the organization's objection to the Tribunal's jurisdiction is overruled.
Keywords:
competence of tribunal; contract; external collaborator; ratione personae; short-term; status of complainant;
Judgment 701
57th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1, Summary
Extract:
See Judgment 702, consideration 2, summary.
Reference(s)
ILOAT Judgment(s): 702
Keywords:
competence of tribunal; contract; external collaborator; ratione personae; short-term; status of complainant;
Judgment 694
57th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant took notice of a 'seniority list'. He objects to the level at which he was placed according to the document. The Tribunal dismisses the grievance on the grounds that the list does not constitute a decision and has no effect in law.
Keywords:
competence of tribunal; receivability of the complaint; seniority list;
Judgment 688
57th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant has been employed under fixed-term contracts since 1976. He claims to be entitled to an appointment of indeterminate duration by virtue of national legislation. The Tribunal will not rule on the applicability of national legislation. It limits itself to noting that if national legislation is applicable, the Tribunal has no power of review and if it is not applicable, the Tribunal must examine the alleged breaches of Staff Regulations by the organisation; it finds no evidence of a breach.
Keywords:
competence of tribunal; contract; domestic law; fixed-term; permanent appointment; right; successive contracts;
Judgment 669
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The general decision impugned* in this case puts no exact figure on the entitlement of the staff members concerned. That will be determined only when the administration comes to take individual decisions in pursuance of the general decision, viz. the Council's approval of the new text of [the] Article".
(*) amending a provision in the Service Regulations on benefits payable in the event of invalidity.
Keywords:
amendment to the rules; competence of tribunal; general decision; individual decision; invalidity; provision; receivability of the complaint; staff regulations and rules;
Judgment 667
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The fact that the impugned decision affects several categories of staff and is therefore general in character is not in itself sufficient to make the complaints irreceivable. Decisions which may be challenged before the Tribunal do not have to be individual in nature. That they may also be general is plain from Article VII, paragraph 2, of the Statute of the Tribunal [a complaint must also comply with] the rule in Article VII(1) of the Statute that the internal means of redress must have been exhausted."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
competence of tribunal; general decision; individual decision; internal remedies exhausted; receivability of the complaint;
Judgment 663
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The mere fact that the impugned decision affects several categories of staff and is therefore general in character is not in itself sufficient to make the complaints irreceivable. Decisions which may be challenged before the Tribunal do not have to be individual in nature. That they may also be general is plain from Article VII[2] of the Statute of the Tribunal".
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE
Keywords:
competence of tribunal; general decision; individual decision; receivability of the complaint;
Judgment 662
56th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The complaint does not allege the non-observance of any term of appointment or of any staff regulation. The Tribunal is therefore not competent to hear it." The complainant tendered his resignation and discharged no further duties. He claims damages equivalent to the amount of his salary for the period from his resignation to what would have been the end of his contract. He considers that the organization treated him unfairly upon his departure.
Keywords:
competence of tribunal; receivability of the complaint; resignation; separation from service;
Judgment 661
56th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
According to Article II[6] of the Statute of the Tribunal, the Tribunal is open to four categories of complainants: "[1] present officials, [2] former officials, [3] the successors of a deceased official, and [4] those who have some right under the terms of appointment of a deceased official or under some provision of the Staff Regulations on which he could rely."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 6, OF THE STATUTE
Keywords:
competence of tribunal; iloat statute; locus standi; successor;
Judgment 655
55th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
In accordance with Article II of its Statute, "the Tribunal may not hear a claim to compensation for an accident which occurred while the complainant was with the United Nations."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
competence of tribunal; locus standi; non official;
Judgment 649
55th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant invites the Tribunal to order the immediate execution of the judgment in question. The organisation pleads that the claim is irreceivable on the grounds that the complainant has failed to exhaust the internal means of redress. "This plea is unsound. Failure to execute a judgment does not constitute breach of the Staff Regulations or of the contract of employment or unjustifiable or unfair treatment and therefore cannot come under [the Staff Regulations]. What the complainant is asking for is neither more nor less than execution of a decision by the Tribunal on a matter within its competence, and the Tribunal may determine whether due effect has been given to that decision."
Keywords:
application for execution; claim; competence of tribunal; execution of judgment; internal remedies exhausted; judgment of the tribunal; receivability of the complaint;
Judgment 646
54th Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal has such competence as is conferred on it by Article II of its Statute. Decisions under Article XII and the Annex [on submissions to the International Court of Justice for advisory opinion] fall outside the scope of its competence. In fact, although Article II, paragraph 7, empowers the Tribunal to rule on its own competence, its ruling is subject to the right of the governing body of an international organisation to seek review if it believes that the Tribunal has exceeded its jurisdiction or committed a fundamental error of procedure."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 7, AND ARTICLE XII OF THE STATUTE; ANNEX TO THE STATUTE
Keywords:
advisory opinion of icj; competence; competence of tribunal; executive body; icj; iloat statute; request by a party; vested competence;
Judgment 626
54th Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Decisions which may be challenged before the Tribunal do not have to be individual in nature. That they may also be general is plain from Article VII, paragraph 2, of the Statute of the Tribunal [...] but a complaint against a general decision will not perforce on that account be receivable. There is also the rule in Article VII(1) of the Statute that the internal means of redress must have been exhausted."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
competence of tribunal; condition; general decision; iloat statute; individual decision; internal remedies exhausted; receivability of the complaint;
Judgment 625
54th Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Vide Judgment 626, consideration 2.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
ILOAT Judgment(s): 626
Keywords:
competence of tribunal; condition; general decision; iloat statute; individual decision; internal remedies exhausted; receivability of the complaint;
Judgment 624
54th Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 626, consideration 2.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
competence of tribunal; condition; general decision; iloat statute; individual decision; internal remedies exhausted; receivability of the complaint;
Judgment 622
53rd Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complaint is presented in the form of a challenge to the Director-General's decision not to withdraw a circular. In point of fact it is challenging the circular itself, a general and abstract rule. The claim on this point is irreceivable. The Tribunal will rule on the validity of a general and abstract rule only by way of exception, while hearing a complaint which challenges an actual decision.
Keywords:
administrative instruction; application for quashing; competence of tribunal; general decision;
Consideration 3
Extract:
"The Tribunal hears complaints challenging decisions which are individual acts, not complaints directed against abstract rules of general purport. That its competence is so restricted is evident in particular from Article VIII of its Statute". The Tribunal will rule on the validity of a general and abstract rule "only by way of exception, viz. when hearing a complaint which challenges an actual decision."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
competence of tribunal; exception; general decision; iloat statute; provision;
Judgment 620
53rd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"According to Article II of its Statute the Tribunal may hear complaints alleging non-observance of the official's terms of appointment or of the Staff Regulations. Having only such competence as is conferred upon it, it may not entertain matters out with the ambit of that article. It is therefore not competent to invite the FAO Council to address the International Court of Justice."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
advisory opinion of icj; competence of tribunal; executive body; icj; request by a party; vested competence;
Consideration 4
Extract:
"The Tribunal may not substitute its own views for those of the experts. It will not entertain the complainant's plea that their findings were superficial, illogical or at variance with up-to-date medical opinion. The material issue is whether correct procedure was observed in consulting them.
Keywords:
competence of tribunal; expert inquiry; judicial review; medical examination; medical opinion;
Judgment 611
53rd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The complainant submits that Unesco have infringed his copyright. Though not expressly alleging non-observance of a provision of the Staff Regulations or Staff Rules or a clause of his contract, he is objecting to the Organization's treatment of him as a staff member on the grounds that they have not respected his status as such. The Tribunal is therefore competent to hear the case under Article II(5) of its Statute".
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; organisation's duties; proprietary rights;
Judgment 605
52nd Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal has only such competence as is conferred on it, and this is confined to complaints alleging non-observance of the terms of appointment or Staff Regulations. The staff member does not have to rely on a particular clause of his contract, the regulations or any subsidiary text. When he is seeking enforcement of a right he claims as an international civil servant and his claim rests on a breach of that right by the organisation in his status as a staff member, Article II(5) [of the Statute] empowers the Tribunal to entertain it."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
breach; competence of tribunal; official; right; vested competence;
Summary
Extract:
The complainant had been renting a villa from the WHO at Brazzaville. The Organization terminated his lease after learning that he had a guest of his living with him without the WHO's consent. Neither the Staff Regulations nor the Staff Rules nor any other text adopted thereunder lay any obligation whatever on the WHO to provide accommodation for staff stationed at Brazzaville. The lease makes no reference to the Regulations, nor does any of its clauses allow of indirect reference to them. The complainant's expulsion had no bearing on WHO work as such. It follows that the Tribunal is not competent to hear the complaint.
Keywords:
competence of tribunal; contract; staff regulations and rules;
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