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 137
22nd Session, 1969
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant holds a contract with a distinct administrative body and is subject to its Staff Regulations. Although that body has established close links with another organization which has recognised the competence of the Tribunal, and although its office serves in particular as the latter's regional office, it is nonetheless an independent body with its own staff under its sole authority. In the absence of any agreement on this point with the organization, the jurisdictional guarantees do not apply.
Keywords:
competence of tribunal; locus standi; status of complainant;
Considerations
Extract:
While maintaining links with an organisation having recognised the competence of the Tribunal, the complainant's employer is an independent body. The Tribunal has no jurisdiction. "In view of the reasonable doubts that the complainant may have had on the question of jurisdiction, the Tribunal, which itself ordered additional measures of investigation, considers it equitable, in spite of the dismissal of the complaint, to award him costs ".
Keywords:
competence of tribunal; costs; locus standi; status of complainant;
Consideration 2
Extract:
"The Tribunal recognises that as a result of holding that it lacks jurisdiction the complainant is thereby regrettably deprived of any means of judicial redress against the injury sustained as a result of the alleged breach of his contract. However, the Tribunal, being a court of limited jurisdiction, is bound to apply the mandatory provisions governing its competence, and it is for the organisation concerned itself to determine whether it is desirable to provide its employees with a safeguard which is enjoyed by the great majority of international officials at the present time."
Keywords:
competence of tribunal; locus standi; right of appeal; safeguard; status of complainant; vested competence;
Judgment 131
21st Session, 1969
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"There is no provision in the Staff Regulations or Rules conferring on the complainant any right in respect of the documents in the organization's file concerning him. He is not entitled to require either that they should be withdrawn or that copies of them should be furnished to him. The submissions on these matters are therefore unfounded."
Keywords:
application for quashing; competence of tribunal; complainant; confidential evidence; disclosure of evidence; elements; personal file; request by a party;
Judgment 126
20th Session, 1968
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"As to the claim for written and public apologies to be made by [...] the organization [...] this claim is not within the competence of the Administrative Tribunal."
Keywords:
claim; competence of tribunal; vague claim;
Consideration 1
Extract:
The organization contends that the present complaint has become irrelevant because of the termination of the complainant's employment after the filing of the complaint. "But the legality of the decision to terminate, which is also attacked in a complaint before the Administrative Tribunal, depends on the disposal of the present complaint. Moreover, if the present complaint were held to be well founded, the complainant could claim damages even if her complaint concerning termination were to be dismissed."
Keywords:
cause of action; competence of tribunal; complaint; judicial review; receivability of the complaint; separation from service; termination of employment;
Judgment 124
20th Session, 1968
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant seeks the rescission of decisions 1) cancelling the loan agreement and 2) deducting sums from his salary until repayment of his debt to the organization. The Tribunal is competent to rule on the second claim for relief. The lawfulness of the second decision depends on the lawfulness of the first. The Director-General accepted the finding of the Appeals Board that it was not competent to consider the appeal concerning cancellation of the loan and dismisses the appeal relating to salary deductions on its merits without going into the first claim. The complainant is referred back for a new decision on all the submissions, after taking account of the opinion of the appeals body.
Keywords:
application for quashing; case sent back to organisation; competence of tribunal; debt; decision quashed; deduction; loan; organisation; salary;
Judgment 119
19th Session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
In accordance with a decision taken by the FAO Conference, the Tribunal is competent to hear complaints from staff members of the organization alleging non-observance of their terms and conditions of employment, "with the exception of complaints concerning the benefits of the [...] Joint Staff Pension Fund. It follows that in the present case the Tribunal is not competent to rule on the complaint insofar as it relates to the payment of such benefits."
Keywords:
competence of tribunal; payment; pension; pension entitlements; unjspf;
Judgment 118
19th Session, 1968
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"On the submissions impugning the refusal of the Director-General [...] to submit to the Governing Body, for reference to the International Court of Justice, the question of the 'legal validity' of Judgment No. 96 of the Administrative Tribunal: the Administrative Tribunal is not competent to receive submissions of this nature."
Reference(s)
ILOAT Judgment(s): 96
Keywords:
advisory opinion of icj; competence of tribunal; executive body; executive head; icj; refusal; request by a party;
Judgment 117
19th Session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
If the signatory to the contract of employment had authority from the organization, the complainant could be held to be employed by the organization. "Authority is a clear and precise legal conception and if it cannot be found to exist it is not permissible to take refuge in imprecise expressions, such as that the credit union [which employs the complainant] was a body "within the framework of [the organization]". Accordingly, the complainant not being employed by [the organization], and so not one of its staff members, the Tribunal lacks jurisdiction".
Keywords:
competence of tribunal; contract; delegated authority; locus standi; non official; receivability of the complaint; right of appeal; status of complainant;
Judgment 112
18th Session, 1967
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"A plea to quash can be directed only against a decision, that is, against an act deciding a question in a specific case." A performance report embodies no decision capable of being rescinded. A complaint seeking such relief is not receivable.
Keywords:
application for quashing; competence of tribunal; condition; decision; performance report; probation report; receivability of the complaint;
Judgment 111
17th Session, 1967
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"It is a rule generally recognised by the courts that a complainant is not entitled to refer to the courts in a single complaint two or more different decisions having no connection with each other. In such a case, the court can examine the complaint only in respect of the first decision specified therein."
Keywords:
competence of tribunal; complaint; receivability of the complaint;
Judgment 109
17th Session, 1967
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"While the Tribunal is competent to review any decision of the Director-General terminating the appointment of an official during the probationary period [...], the Tribunal may not, however, substitute its own judgment for that of the Director-General in regard to the work or conduct of the person concerned or his or her suitability for international service."
Keywords:
competence of tribunal; discretion; judicial review; probationary period; qualifications; termination of employment;
Judgment 103
17th Session, 1967
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant seeks to have a general administrative instruction making various amendments to the Staff Regulations set aside, "without adducing any decision applying any one of these amendments to his particular case. Thus he does not allege non-compliance with any of the terms of his contract of employment, nor, in general, any violation of his official status." The Tribunal is not competent to hear the complaint.
Keywords:
administrative instruction; amendment to the rules; application for quashing; competence of tribunal; enforcement; general decision; individual decision; staff regulations and rules;
Judgment 96
16th Session, 1966
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's submission that the President of the Tribunal should make an order to authorise him to communicate the dossier of his dismissal to the government does not fall within the competence of either the President or the Tribunal.
Keywords:
competence of tribunal; member state; termination of employment;
Judgment 92
16th Session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
When a complainant seeks to have a general provision abrogated, "the Administrative Tribunal must confine itself to considering the legality of the provision and, if it is found to be invalid, to rescinding the decision by which it was applied or the consequential decisions [...]. The Tribunal must consider whether [the material provision] is in contradiction with a general principle of law, and if so, whether the decision impugned should consequently be rescinded."
Keywords:
application for quashing; competence of tribunal; enforcement; general decision; general principle; individual decision; judicial review; provision; staff regulations and rules;
Judgment 89
15th Session, 1965
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant contends that "undue influence was brought to bear upon him to secure his resignation, thus implying infringement by the Director-General of a general rule of law which is equally applicable to the international civil service. On this reasoning, the present complaint is among those that the Tribunal is competent to hear."
Keywords:
competence of tribunal; international civil service principles; lack of consent; resignation;
Judgment 88
15th Session, 1965
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Both parties having agreed to the settlement of the complainant's claims by means of the payment of compensation, the Tribunal's task is confined to fixing the amount of such compensation. In any event, the complainant is entitled only to compensation for the injury actually caused to him by the rescinded decision."
Keywords:
amount; compensation; competence of tribunal; complainant; offer; organisation; reckoning; right; settlement out of court;
Judgment 84
14th Session, 1965
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The substantial claim which the Tribunal has to consider is a complaint that the compensation which the complainant has already received is inadequate [...]. The complainant has received in all by way of compensation a sum equal to nine months' salary. Taking into account the fact that the appointment was terminated when it was still in the probationary period, the Tribunal considers that this compensation would be adequate even on the assumption that the decision to terminate the complainant's appointment was wrongful."
Keywords:
amount; competence of tribunal; offer; organisation; probationary period; terminal entitlements; termination of employment;
Judgment 83
14th Session, 1965
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal is not competent to decide on [the complainant's] plea for the quashing of the decision [...] by the Director-General [...] whereby he refused to put before the governing body of [the organisation] a proposal to submit the judgment [in question] to the International Court of Justice."
Keywords:
advisory opinion of icj; competence of tribunal; executive head; icj; refusal; request by a party;
Judgment 82
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant's submissions aimed at remedying the damage suffered through the delay on the part of the organisation in giving effect to the part of the judgment in question. They "thus bear upon the rights devolving directly from this judgment, delivered within the bounds of the competence of the Tribunal. The Tribunal is therefore competent to examine the new complaint [...] and, in particular, to judge whether it is appropriate to award compensation to remedy the damage caused by an infringement of those rights."
Reference(s)
ILOAT Judgment(s): 61
Keywords:
administrative delay; application for execution; cause of action; competence of tribunal; execution of judgment; injury; judgment of the tribunal;
Judgment 80
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The Staff Regulations of the organisation and the regulations for its staff superannuation and benevolent funds expressly recognise the Tribunal's competence. "Since the present complaint emanates from a former official of [the organisation] and concerns the settlement of her pension rights, the Tribunal is competent to hear it."
Keywords:
competence of tribunal; locus standi; pension; pension entitlements; receivability of the complaint; retirement; status of complainant;
Judgment 78
13th Session, 1964
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"On the submission that the elections held on [...] by the staff association should be declared void by the Administrative Tribunal: no provision of its Statute, and in particular Article II, empowers the Administrative Tribunal to adjudicate on such a submission."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
application for quashing; competence of tribunal; election; staff union;
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