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 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;
Judgment 17
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 12
4th Session, 1954
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"The judgement of the Director-General is final and [in the present case] is not subject in law to any rule which has not been observed [...]. In consequence, the Tribunal is not competent to judge the merits of the decision reached by the Director-General in the exercise of the powers conferred on him by the Staff Regulations."
Keywords:
competence of tribunal; contract; discretion; fixed-term; judicial review; non-renewal of contract;
Judgment 11
3rd Session, 1953
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"One of the fundamental tenets of all legal systems is that no court may refrain from giving judgement on the grounds that the law is silent or obscure."
Keywords:
competence of tribunal; no provision;
Consideration 2
Extract:
"From the standpoint of equity there is no ground for distinguishing between officials [...] properly so-called and persons in the category to which the complainant belongs [...] persons in the latter category have all the fundamental characteristics of officials, namely, the continuous devotion of their activities to the agency which employs them; the fact that they are under the authority of the Director-General; the fact that their conditions of service are determined by way of regulation, unilaterally and not contractually; the fact that they have access to the sickness insurance and pension funds; etc."
Keywords:
competence of tribunal; definition; locus standi; official; status of complainant;
Consideration 1
Extract:
"The Administrative Tribunal, by virtue of the very purpose for which it was created, should be considered as governed by general legal principles (instance de droit commun) with the necessary powers to guarantee the security of employment of all officials attached to the [...] Organisation".
Keywords:
competence of tribunal; official; security of tenure; tribunal;
Consideration 4
Extract:
It is clear from the statements of the Administration and the Special Joint Committee that "the absence of positive legal provisions concerning the employees of the branch offices would make their situation precarious and would expose them to arbitrary decisions without allowing them any right of appeal either to national tribunals or the Administrative Tribunal."
Keywords:
competence of tribunal; field; locus standi; no provision; right of appeal; status of complainant;
Consideration 5
Extract:
"The Staff Regulations in their present form describe persons in the category concerned as officials, only in order to make it clear that they shall be subject to special conditions of service to be provided for them; but that, in the absence of such specific conditions being provided, they cannot be left without any right of appeal."
Keywords:
competence of tribunal; definition; locus standi; official; right of appeal; status of complainant;
Consideration 6
Extract:
"[I]t is unthinkable that the International Labour Organisation, which was established to ensure the security of all wage-earners, does not desire to ensure the security of all its officials, and [...] the spirit in which the existing legislation should be interpreted is thus quite clear".
Keywords:
competence of tribunal; domestic law; interpretation; no provision; security of tenure;
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