Right of appeal (104,-666)
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Keywords: Right of appeal
Total judgments found: 99
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Judgment 1266
75th Session, 1993
International Union for the Protection of New Varieties of Plants
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
Vide Judgment 1265, consideration 21.
Reference(s)
ILOAT Judgment(s): 382, 825
Keywords:
adjustment; case law; coordinated organisations; general service category; icsc decision; local status; organisation's duties; reckoning; right of appeal; salary; scale; tribunal;
Consideration 24
Extract:
Vide Judgment 1265, consideration 24.
Keywords:
adjustment; competence of tribunal; coordinated organisations; declaration of recognition; general service category; icsc decision; local status; official; organisation's duties; reckoning; right of appeal; salary; scale; written rule;
Judgment 1265
75th Session, 1993
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "Insofar as such standards are found to be flawed they may not be imposed on the staff and WIPO must if need be replace them with provisions that comply with the law of the international civil service. That is an essential feature of the principles governing the international legal system the Tribunal is called upon to safeguard. It is therefore plain that the complainants' rights to judicial process are safeguarded by the defendant organization's recognition of the Tribunal's jurisdiction. Such jurisdiction may not be restricted by the introduction into the organization's Staff Regulations or Rules adopted by bodies outside the Tribunal's competence."
Keywords:
adjustment; competence of tribunal; coordinated organisations; declaration of recognition; general service category; icsc decision; international civil service principles; judicial review; local status; official; organisation's duties; reckoning; right of appeal; salary; scale; staff member's interest; written rule;
Consideration 21
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of its staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The organization, having thus complied with the obligations it derives from membership of the common system, "may not in that way decline or limit its own responsibility towards the members of its staff or lessen the degree of judicial protection it owes them. The Tribunal has already had occasion to speak of that responsibility and to stress the duty of any organisation that introduces elements of the common system or any other outside system into its own rules to make sure that the texts it thereby imports are lawful: see Judgment 825 [...], under 18, which in turn refers to Judgment 382 [...], under 6."
Reference(s)
ILOAT Judgment(s): 382, 825
Keywords:
adjustment; case law; coordinated organisations; general service category; icsc decision; judicial review; local status; organisation's duties; reckoning; right of appeal; salary; scale;
Judgment 907
64th Session, 1988
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant was dismissed a first time on the grounds of abolition of post. That decision having been quashed by the Tribunal, he was dismissed a second time on the grounds of unsatisfactory service. The organisation submits that as the complainant pressed his suit, it had no other choice. "But allowing such a plea would be tantamount to gainsaying the staff member's right to take exception in some instances to the organisation's decision: there is no misconduct in exercising the right of appeal and asking that the decision be lawful."
Keywords:
right of appeal; termination of employment; unsatisfactory service;
Judgment 885
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"An EPO staff member who alleges non-observance of the terms of his appointment or of the applicable Staff Rules and Regulations has the right to submit an internal appeal and, if still dissatisfied, to appeal ultimately to the Tribunal. The existence of the right is in the interests of both sides since it serves to maintain harmony, general efficiency and good morale in the organisation."
Keywords:
general principle; purpose; right of appeal;
Considerations 3-4
Extract:
"The interests of both justice and sound administration demand that the organisation endure litigation: it is not for the organisation but for the Tribunal itself to determine whether the complainant has abused his right of appeal and, if so, what ruling is fitting in the circumstances. [The organisation] may [...] submit that [the complainant] has abused the right of appeal and invite the Tribunal not just to dismiss his complaint but to declare it vexatious and, where appropriate, take any further action it thinks fit. For the foregoing reasons the Tribunal holds that it was wrong to impose the reprimand on the complainant and it must be quashed."
Keywords:
censure; competence; disciplinary measure; judicial review; organisation; right of appeal; vexatious complaint;
Judgment 660
56th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In the absence of a provision which says that any decision should mention the procedure for challenging it, the organisation was not bound to indicate in its decision [...] on the internal 'complaint' the possibility of challenging it before the Tribunal. Such information would, however, have been desirable since the distinction between a 'request' and a 'complaint' under [Staff Regulations] is not obvious. in giving such information the organisation would indeed have been following the practice in other organisations."
Keywords:
decision; duty to inform; internal appeal; no provision; procedure before the tribunal; right of appeal;
Judgment 659
56th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 660, consideration 4.
Reference(s)
ILOAT Judgment(s): 660
Keywords:
decision; duty to inform; internal appeal; no provision; procedure before the tribunal; right of appeal;
Judgment 509
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The organisation argues that the Tribunal may only hear complaints filed by serving officials. "The argument fails. When someone leaves the staff he is entitled, then as indeed throughout his career, to compliance with the staff regulations. A tribunal is competent in regard to every aspect of the official's service, and the grant of a certificate is a necessary incident of his employment."
Keywords:
certificate of service; locus standi; receivability of the complaint; retirement; right of appeal; separation from service;
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 431
45th Session, 1980
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
"It is true that an official may have a good reason for waiving his rights. But the Tribunal will not consider such waiver to be established unless it may be clearly inferred from all the circumstances of the case. It may not be inferred merely from statements which the official may have made on one particular day: it must be evident from his general attitude over a longer period of time." The complainant's signature (on an extension of contract) cannot be interpreted in the present case as a waiver which precludes his claiming relief from the Tribunal.
Keywords:
condition; contract; extension of contract; fixed-term; non-renewal of contract; right of appeal; waiver of right of appeal;
Judgment 231
32nd Session, 1974
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant was seconded by NORAD to GATT, an organisation which has recognised the competence of the Tribunal. He did not conclude a contract of appointment with GATT and was not subject to its Staff Regulations. His contract merely stated that he was subject to the latter organisation's working conditions.
Keywords:
competence of tribunal; consequence; contract; locus standi; non official; right of appeal; secondment; staff regulations and rules; status of complainant;
Judgment 137
22nd Session, 1969
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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 122
20th Session, 1968
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Staff Regulations are, as a whole, applicable only to those categories of persons expressly specified therein. However, some of their provisions are merely the translation into written form of general principles applicable to any employees having any link other than a purely casual one with the organisation. These principles may not lawfully be ignored in individual contracts. "This applies in particular to the principle that any employee is entitled in the event of a dispute with his employer to the safeguard of some appeals procedure."
Keywords:
contract; enforcement; general principle; law of contract; locus standi; right of appeal; safeguard; status of complainant;
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 96
16th Session, 1966
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"While complainants have an absolute right to apply to the Administrative Tribunal, within the jurisdiction assigned to it, without any restriction and are allowed great freedom in supporting their claims, both in form and in substance, this right and this freedom are granted to ensure respect for their terms of appointment."
Keywords:
enforcement; purpose; right of appeal; safeguard; staff member's interest; staff regulations and rules;
Consideration 5
Extract:
"By his repeated complaints against decisions which, in general, did not affect his rights as an official, by reverting on several occasions to allegations which the Tribunal had already dismissed, by applying to the Tribunal for the purpose of lending force to the wild and unnecessarily wounding allegations which he had repeatedly made against the organisation and the [national] authorities, [the complainant] has entirely perverted from its proper purpose the right of appeal to the Administrative Tribunal afforded to [...] officials [of the organisation] and has affronted the dignity of his organisation and of the Tribunal."
Keywords:
identical claims; right of appeal; staff member's duties; vexatious complaint;
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;
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 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 11
3rd Session, 1953
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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;
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