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 77
13th Session, 1964
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The disputes to which the contract held by [the complainant] may give rise do not, because of the particular nature of the said contract, fall within the competence of the Tribunal as defined by Article II of its Statute. The Tribunal is competent to hear this case only because [the complainant and the organization] have by mutual agreement requested it to arbitrate the dispute arising between them [...] and because the Tribunal has accepted to do so."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
arbitration; competence of tribunal; contract;
Consideration 1
Extract:
The relationship between the complainant and the organization is contractual. The Tribunal is competent only because the dispute has been submitted to it for arbitration. "In order to carry out the Commission thus entrusted to it, the Tribunal must therefore base its decision on the clauses of the contract which constituted [the complainant's] sole tie with [the organization], adopt generally accepted rules of interpretation on the subject of contracts and, in particular, inquire into the mutual intentions of the parties at the time that the said contract was concluded."
Keywords:
arbitration; competence of tribunal; contract; enforcement; intention of parties; interpretation;
Judgment 75
12th Session, 1964
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant's status must be regarded as purely contractual. "It is of little account that the [...] contract describes the complainant as a medical officer. This title relates solely to the nature of the work to be performed by the complainant, but does not affect his legal status. On the contrary, his legal status is defined [in the contract] which stipulates that "the present contract does not confer upon the holder the title of official of the [...] organization." [The Tribunal is not competent].
Keywords:
competence of tribunal; contract; locus standi; non official; receivability of the complaint; right of appeal; status of complainant;
Consideration 3
Extract:
"Not only is the legal status of the complainant of an exclusively contractual nature, but the contract concluded by him is of a very special character [...]. Whatever his obligations may have been towards the organization, the complainant was expressly stated to be responsible to the government [...]. In view of the complainant's legal status [...], his complaint does not fall within the definition of those which the Tribunal is competent to hear in pursuance of [...] Article II, paragraph 5, of its Statute. The Tribunal is therefore not competent to hear it."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; contract; locus standi; member state; staff member's duties; status of complainant;
Consideration 3
Extract:
The relationship between the complainant and the organization is of a contractual nature. The Tribunal is not competent. "Moreover, the contract provides that any disputes between the parties shall be settled in accordance with arbitration proceedings to be instituted by the organization [...]. While the Tribunal itself determines its competence on the basis of its Statute and of the Staff Rules of the organization, it should, as a matter of equity, be pointed out that the complainant himself, having subscribed to the above provision, must have had, at the very least, doubts as to the competence of the Tribunal."
Keywords:
arbitration; competence of tribunal; contract;
Judgment 71
12th Session, 1964
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"It results from an examination of the correspondence exchanged between the organization and the complainant that no legal relationship whatsoever was ever established between [the complainant and the organization]; that consequently, the complainant cannot be considered as an official of the organization in the sense of [...] Article II, paragraph 6, [of the Statute of the Tribunal]; and that, therefore, his complaint is not receivable."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 6, OF THE STATUTE
Keywords:
candidate; competence of tribunal; external candidate; locus standi; receivability of the complaint; right of appeal; status of complainant;
Judgment 70
12th Session, 1964
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration I
Extract:
The Tribunal refers to the competence established by Article II, paragraph 1, of its Statute. "Consequently, in as far as [the complainant] submits that, in the decisions impugned [...] the Director-General has infringed various provisions of the Staff Regulations, and insofar as he prays, on account of these infringements, for the quashing of these decisions and for the organisation to be ordered to pay him compensation, the Administrative Tribunal is competent to hear his complaint."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
Keywords:
breach; competence of tribunal; provision; staff regulations and rules;
Consideration II (2)
Extract:
"The Director-General's power to decide in any case submitted to him whether or not [the] conditions [for waiver of immunity] apply is, in view of its specific character which necessarily involves relations between the organisation and a third party, completely beyond the control of the Administrative Tribunal."
Keywords:
competence of tribunal; complaint; discretion; judicial review; member state; organisation; privileges and immunities; receivability of the complaint; waiver of immunity;
Judgment 68
12th Session, 1964
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainant does not supply any shred of proof of the existence of the contract of employment which he alleges was concluded verbally between him and [the organization]." The Co-ordination Committee for International Voluntary Work Camps is a non-governmental organization and is not a service of [the organization]. Neither the fact of maintaining consultative relations with the organization nor the fact of executing tasks and of submitting reports in return for a fee paid by the organization has the effect of conferring on the agents of the Committee the status of employees of the organization. The complaint is irreceivable.
Keywords:
burden of proof; competence of tribunal; contract; evidence; lack of evidence; locus standi; non official; receivability of the complaint; right of appeal; status of complainant;
Judgment 67
11th Session, 1962
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
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 violations of her contract; but the Tribunal, being a court of limited jurisdiction, is bound to apply the mandatory provisions governing its competence."
Keywords:
competence of tribunal; effect; external collaborator; locus standi; ratione personae; right of appeal; vested competence;
Summary
Extract:
The complainant was recruited for a conference; her contract stipulated that she would not be considered as a member of the staff. Following a serious accident which she suffered whilst in the service of the organization, she requested that the latter pay her the amount of the indemnity offered to her in compensation for her permanent incapacity, under the individual insurance policy. The Tribunal considers the complainant as a purely casual employee and that it lacks jurisdiction.
Keywords:
competence of tribunal; external collaborator; locus standi; ratione personae; right of appeal; status of complainant;
Judgment 66
11th Session, 1962
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
While "the complainant does not rely on any specific provision of the Staff Regulations and Rules, which do not specifically refer to the matter in issue, his submissions, aimed at securing recognition of rights to which he lays claim by virtue of his position as an international civil servant and relying on a violation of these rights, appertain exclusively to his statutory position in regard to the organization. Hence the complaint is amongst those which it falls to the Administrative Tribunal to entertain by virtue of Article II, paragraph 5, [of the Statute of the Tribunal]."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; no provision; proprietary rights;
Judgment 65
11th Session, 1962
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Having regard to the advisory opinion of the International Court of Justice [...] the [...] Administrative Tribunal is competent to hear complaints relating to the non-renewal of fixed-term appointments (ICJ : reports, 1956, page 77). Although this opinion concerns UNESCO officials, it applies by analogy to the staff of other organizations falling within the Tribunal's jurisdiction. Therefore, the complainant's prayer for the quashing of the decision not to renew her appointment is receivable."
Keywords:
advisory opinion of icj; competence of tribunal; contract; fixed-term; icj; non-renewal of contract;
Judgment 61
10th Session, 1962
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"There is no provision in the Statute of the Tribunal empowering the latter to entertain conclusions praying for the quashing of regulations."
Keywords:
application for quashing; competence of tribunal; judicial review; provision; staff regulations and rules;
Consideration 2
Extract:
"It is not for the Tribunal to issue injunctions to the [organisation], save in regard to the execution of any obligations towards an official which the Tribunal finds to have been violated."
Keywords:
competence of tribunal; organisation;
Consideration 3
Extract:
"The said letter, whatever its intent, constitutes an individual decision in respect of which non-observance of the terms of the complainant's appointment as laid down in his contract and in relevant regulations is alleged; hence the Tribunal is competent, under Article II, paragraph 5, of its Statute, to proceed to review it."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; contract; general decision; individual decision; receivability of the complaint; terms of appointment;
Judgment 59
10th Session, 1962
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is not within the competence of the Tribunal to enlarge the period of 90 days which Article VII, paragraph 2, of the Statute of the Tribunal lays down as the period within which a decision complained of can be appealed and the [complaint] must be dismissed as time-barred and irreceivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE
Keywords:
competence of tribunal; complaint; mandatory time limit; new time limit; receivability of the complaint; time bar; time limit;
Judgment 57
10th Session, 1962
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"No provision of its Statute attributes competence to the Tribunal to issue directions to an organisation against which a complaint has been lodged, and particularly to order the competent authorities of such an organisation to take or refrain from taking a particular course of action."
Keywords:
competence of tribunal; organisation;
Judgment 56
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 65, consideration 1.
Reference(s)
ILOAT Judgment(s): 65
Keywords:
advisory opinion of icj; competence of tribunal; contract; fixed-term; icj; non-renewal of contract;
Judgment 53
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Decisions taken in respect of recovery are subject to review under the conditions provided for in paragraphs 1 and 2 of Article VII of the Statute of the Tribunal."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
competence of tribunal; recovery of overpayment;
Judgment 47
8th Session, 1960
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"While the Tribunal remains competent to review any decision of the Director-General taken in accordance with [the applicable provisions], insofar as it may be tainted [...], the Tribunal shall not substitute its own opinion for that of the Director-General." At issue is the determination of the complainant's nationality for the purpose of defining her status.
Keywords:
competence of tribunal; discretion; judicial review; local status; nationality; non-local status;
Judgment 46
8th Session, 1960
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant, "who is neither an official nor a former official of [the organization] and whose wife, a former official of the organization, is not deceased, is not qualified to institute proceedings before the Tribunal" under the terms of [Article II, paragraph 6, of the Statute of the Tribunal].
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 6, OF THE STATUTE
Keywords:
competence of tribunal; locus standi; non official; ratione personae; status of complainant; successor;
Judgment 39
7th Session, 1958
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"In the absence of any evidence that a particular decision taken in virtue of [the sovereign authority of the legislative organs and the Secretary-General] was arbitrary or in bad faith [...] the Tribunal cannot constitute itself as a body competent to scrutinise the classification of officials and thus to assume a hierarchical authority over the organisation and its executive head."
Keywords:
competence of tribunal; discretion; grade; judicial review; post classification;
Considerations
Extract:
"Any complaint relying in substance on an individual appreciation of the relative merits of one official as against another is bad in law and must fail, the Tribunal not having jurisdiction in the absence of evidence showing that the complainant was the subject of arbitrary or improper treatment amounting to an illegality under the Staff Regulations."
Keywords:
competence of tribunal; discretion; work appraisal;
Judgment 30
6th Session, 1957
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Tribunal already deplored in Judgment No. 11 [...] the absence of regulations laying down the conditions of employment of [...] officials [of branch offices]; [...] it is regrettable that such regulations have still not been drawn up and that consequently there are no rules of positive law" governing the matter. It does not follow that such officials should be exposed to arbitrary action by the Director-General.
Reference(s)
ILOAT Judgment(s): 11
Keywords:
competence of tribunal; discretion; field; judicial review; no provision;
Judgment 21
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on the substance (E)
Extract:
"The Tribunal does not have the power to order reinstatement, which requires a positive act of the Director-General, over whom the Tribunal has no hierarchical authority [...]. The Tribunal is nonetheless competent to order equitable reparation of the damage suffered by the complainant by reason of the measure of which she was the object."
Keywords:
competence of tribunal; material damages; reinstatement; termination of employment;
Judgment 19
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on competence
Extract:
Vide Judgment 18, consideration on competence.
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
ILOAT Judgment(s): 18
Keywords:
competence of tribunal; enforcement; interpretation; staff regulations and rules;
Judgment 18
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on competence
Extract:
"The question is [...] a dispute concerning the interpretation and application of the Staff Regulations and Rules of the defendant organisation [...]. By virtue of Article II, paragraph 1, of its Statute, the Tribunal is competent to hear the said dispute."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
Keywords:
competence of tribunal; enforcement; interpretation; staff regulations and rules;
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