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 501
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The claims "for the issue of orders [by the Tribunal] to the organization are [...] irreceivable."
Keywords:
claim; competence of tribunal; receivability of the complaint;
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 496
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 41
Extract:
"Every lawyer must be aware that the jurisdiction of the Tribunal is confined to non-observance of the terms of appointment of officials and of provisions of the Staff Regulations. By far the greater part of the complainants' contributions to the dossier consist of the presentation of what is called a class action and of the complainants' side of a controversy that is manifestly outside the Tribunal's jurisdiction. There is no reason why the organization should pay for this. The complainants have, however, succeeded in establishing an important principle; they should be allowed 4,000 United States dollars towards their costs."
Keywords:
competence of tribunal; costs; freedom of association; iloat statute; staff claim;
Consideration 18
Extract:
The Tribunal does not intervene in the sphere of labour relations. "The Tribunal is concerned only with allegations that the administration is violating the right to associate; breaches of labour relations may, if sufficiently grave, be relied upon in support of such allegations."
Keywords:
competence of tribunal; freedom of association; staff claim;
Judgment 493
48th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In accordance with Article II of its Statute, [the Tribunal] hears complaints alleging the non-observance of terms of appointment or of the Staff Regulations. In reaching its decisions it construes such texts by the accepted methods of legal interpretation. It also draws upon general principles of law insofar as they may apply to the international civil service. It takes no account of municipal law, however, except insofar as such law embodies those principles."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
case law; competence of tribunal; domestic law; enforcement; general principle; iloat statute; international civil service principles; interpretation;
Consideration 1
Extract:
"The international agreement thus concluded between the ILO and the Agency in accordance with Article II, paragraph 5, of the Statute of the Tribunal is not subject to any limitations on the recognition of the Tribunal's competence other than those arising out of the actual text. The Tribunal derives its competence from that international agreement, which prevails over rules unilaterally adopted earlier by one of the parties. The agreement recognising the Tribunal's competence does not exempt staff members such as the complainant from the application of [the Staff Rules and Regulations]."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; declaration of recognition; enforcement; international instrument; provision; staff regulations and rules;
Judgment 488
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"According to Article II, paragraph 1, of its Statute, the Tribunal may hear complaints alleging the non-observance, in substance or in form, of the terms of appointment and of the Staff Regulations. Thus it reviews the lawfulness of the decision, not its desirability."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
Keywords:
competence of tribunal; iloat statute;
Judgment 486
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The Tribunal is compétent to hear complaints alleging non-observance of the terms of appointment of officials and of such provisions of the staff regulations as are applicable to the case. The Tribunal has not given a narrow construction to 'terms of appointment'; it has treated the expression as sufficiently wide to cover obligations arising from the relationship created by the appointment."
Keywords:
competence of tribunal; contract; iloat statute; interpretation; provision; terms of appointment;
Considerations 7-8
Extract:
It is organization policy to treat a promotion from GS grades to P category as justifying a review of the place of residence. "There is ample evidence that this was the stated policy, though [...] there is no evidence in the dossier of the policy being put into practice. [...] The question is therefore whether it is within the competence of the Tribunal to enforce a rule of policy or practice." A statement by the Director-General explaining a practice which he intends to follow can under certain circumstances create a contractual obligation arising out of the relationship created by the appointment. The Tribunal is competent to hear the complaint.
Keywords:
amendment to the rules; binding character; competence of tribunal; contract; general service category; practice; professional category; promotion;
Judgment 477
47th Session, 1982
Central Office for International Railway Transport
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"As Article II of its Statute makes clear, the Tribunal will hear complaints alleging non-observance of both formal or procedural rules and substantive ones [...]. For that purpose [a complainant] need not bring an appeal for invalidating the decision, a procedure which is provided for neither in the Statute nor in the Rules of Court, and the Tribunal will consider his procedural pleas in the context of his actual complaint."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
competence of tribunal; iloat statute;
Judgment 474
47th Session, 1982
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The Staff Rules preclude appeals against non-renewal of appointment. The material provision "does have force within the organisation in that it preclude bringing certain appeals to the Director-General. [It] is not binding on the Tribunal, whose jurisdiction has been unconditionally recognised by the organisation and which will itself determine whether a complaint is receivable."
Keywords:
competence of tribunal; contract; fixed-term; iloat statute; internal appeal; non-renewal of contract; provision; receivability of the complaint; right of appeal;
Judgment 444
46th Session, 1981
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Tribunal can intervene only in the event of non-compliance with the Staff Regulations or the terms of appointment.
Keywords:
competence of tribunal; contract; enforcement; provision; staff regulations and rules;
Judgment 438
45th Session, 1980
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2 and 10
Extract:
The determination of an assessment falls within the discretionary authority of the Director of the organisation. The Tribunal may not substitute its own assessment for the decision taken by the Director in the exercise of his discretion.
Keywords:
competence of tribunal; discretion; judicial review; rating; work appraisal;
Judgment 436
45th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Under Article VIII of its Statute the Tribunal is entitled to award the complainant compensation for the injury caused to him. "For this purpose the Tribunal may under Article 11 of its Rules order such measures of investigation as it considers desirable. But it will not order an investigation merely for the sake of ascertaining the facts; the investigation must be in aid of some relief, such as reinstatement or compensation, which it is within the jurisdiction of the Tribunal to grant."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE;
ARTICLE 11 OF THE RULES
Keywords:
competence of tribunal; condition; further submissions; iloat statute; injury; inquiry; investigation; material damages; moral injury; submissions;
Judgment 433
45th Session, 1980
Latin American Institute for Educational Communication
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Institute which formerly employed the complainant was founded with support from UNESCO. It does not recognise the jurisdiction of the Tribunal. The Institute cannot thus be considered part of UNESCO, which has done no more than lend it financial support and co-operation in its work. The Tribunal will not hear any complaint filed against the Institute. The complaint is likewise irreceivable insofar as it is brought against UNESCO.
Keywords:
competence of tribunal; non official; vested competence;
Judgment 429
45th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The statutory provisions which prohibit the disclosure of evidence are not binding on the Tribunal, which is competent to decide on what evidence is admissible. The Tribunal "will decide the matter as it deems fit, with due regard to the interests of both parties - the complainant's interest in having written evidence to support his case and the interest of the organisation or of third parties in preserving the privileged nature of such evidence."
Keywords:
admissibility of evidence; competence of tribunal; confidential evidence; disclosure of evidence;
Consideration 2
Extract:
Statutory provisions prohibit officials from disclosing information not already made public or from disclosing, without permission from the Director-General, in any legal proceedings information of which they have knowledge by reason of their duties. Such permission will be refused only when the interests of the organisation so require. On the strength of these provisions the organisation requests the withdrawal of certain items. "The provisions cited [...] govern the relationship between the [organisation] and its staff [...]. They are not binding on the Tribunal since no Staff Regulations may limit the Tribunal's competence to determine whether written evidence is admissible."
Keywords:
admissibility of evidence; competence of tribunal; confidential evidence; disclosure of evidence; duty of discretion;
Consideration 8
Extract:
"Only the body empowered to amend Staff Regulations may determine whether the amendments it adopts are desirable. That is a matter for the governing bodies of the organisation, not the Tribunal, to decide."
Keywords:
amendment to the rules; competence; competence of tribunal; staff regulations and rules;
Consideration 9
Extract:
"The Tribunal will consider the plea since there is a general principle of law protecting acquired rights, even in the absence of express provision."
Keywords:
acquired right; competence of tribunal; general principle; no provision;
Consideration 3
Extract:
"The right to impugn a decision subsumes the right to challenge the rule on which the decision is founded. But the Tribunal may not exercise as wide a power of review over the rule as over the decision taken under it."
Keywords:
competence of tribunal; complaint; decision; enforcement; judicial review; provision; staff regulations and rules;
Judgment 427
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19(B)
Extract:
The complainant's appointment was not renewed, that decision being contrary to the organization's interests. The Tribunal awards compensation in full based on the amount he would have earned through regular contract renewal. "The complainant asks also 'that the wrongful suspension from duty should not affect his pension rights.' The Tribunal is not competent to make an order in that form, but the complainant may claim compensation for loss or diminution of pension rights as for loss of salary and emoluments."
Keywords:
bias; competence of tribunal; contract; fixed-term; injury; material damages; non-renewal of contract; pension; pension entitlements; suspension;
Judgment 421
45th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
the director can put himself under an obligation to exercise his authority in a particular way: by the establishment of a practice on which the staff come to rely; or by an announcement by administrative circular or otherwise that in the exercise of power the director proposes to follow a specified procedure. if the director promises expressly or implicitly not to exercise his authority except in a particular way, he can bind himself, at least temporarily, not to act except in that way. the tribunal has no jurisdiction to enforce such a promise unless it is one which is intended to have a contractual effect as between the organisation and the officials.
Keywords:
binding character; competence of tribunal; effect; executive head; practice; promise;
Consideration 9
Extract:
the tribunal concludes that an information note on the setting up of a working party did not become part of the contractual relationship between the organisation and the complainant. it is not therefore competent to consider allegations that the terms of the note were not observed. the note may have constituted an agreement between the director and the staff union, but that would not bring it within the competence of the tribunal.
Keywords:
binding character; competence of tribunal; contract; elements; information note; staff union agreement;
Judgment 391
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainants argue that the staff union acted at variance with its own rules in proposing reductions in salary and in hours of work to prevent dismissals. They accuse it of having consulted the whole staff instead of just its members and maintain that there were irregularities in the voting. "The Tribunal is not competent to pass judgment on the activities of the staff union and the staff union bodies. The complainants' pleas are material only insofar as the organisation gave weight to the staff union's resolutions".
Keywords:
competence of tribunal; consultation; flaw; staff union;
Judgment 382
42nd Session, 1979
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"It may or may not be relevant for the Tribunal to reach conclusions about the meaning and effect of [agreements between organisations and staff representatives] and to make findings about whether there has been a breach of them; if so, such conclusions may be expressed in the considerations leading to the order which the Tribunal makes. But they will not be part of the order and the Tribunal will not attend to requests for specific declarations."
Keywords:
competence of tribunal; effect; interpretation; staff union agreement;
Consideration 3
Extract:
The organization objects to the jurisdiction of the Tribunal "on the ground that, if the complaints are established, the Tribunal is not competent to grant the relief sought. Since [...] the Tribunal would, if the facts justify it, be competent to grant relief in some other appropriate form, the preliminary objection fails."
Keywords:
claim; competence of tribunal;
Judgment 381
42nd Session, 1979
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
See Judgment 382, consideration 1.
Reference(s)
ILOAT Judgment(s): 382
Keywords:
competence of tribunal; effect; interpretation; staff union agreement;
Consideration 3
Extract:
See Judgment 382, consideration 3.
Reference(s)
ILOAT Judgment(s): 382
Keywords:
claim; competence of tribunal;
Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 382, consideration 1.
Reference(s)
ILOAT Judgment(s): 382
Keywords:
competence of tribunal; effect; interpretation; staff union agreement;
Consideration 14
Extract:
To establish that there was a promise to negotiate, the complainants rely upon the facts and reasoning contained in an opinion given personally by the members of the Tribunal. In this opinion the members, who were not confined within the limits of the Tribunal's jurisdiction, reached the conclusion that the agreement recognised that there would be prior negotiation. "The Tribunal sees no reason to differ from this conclusion." The complainants have thus justified the foundation of their statements concerning their promise to negotiate.
Keywords:
advisory opinion; collective bargaining; competence of tribunal; iloat; promise; staff union agreement; tribunal;
Consideration 3
Extract:
Vide Judgment 382, consideration 3.
Reference(s)
ILOAT Judgment(s): 382
Keywords:
claim; competence of tribunal;
Consideration 13
Extract:
The complainants must "establish that they are entitled to enforce [the] agreements as a part of their contracts of employment over which alone the Tribunal has jurisdiction."
Keywords:
burden of proof; competence of tribunal; complainant; contract; elements; enforcement; staff union agreement; terms of appointment;
Judgment 372
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The organisation maintains that the privileges and immunities enjoyed by the staff under headquarters agreements are not granted for their personal advantage. They are granted in the organisations' interests and so the organisations alone may demand that they continue. The relationship between an international organisation and a state falls outside the competence of the Tribunal. "In fact the question is not one of competence. what has to be decided is whether or not the complainant is entitled to continue to enjoy certain privileges. That is a matter of substance and should be treated as such."
Keywords:
competence of tribunal; headquarters agreement; organisation's interest; privileges and immunities; purpose;
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