ILOAT (131,-666)
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Keywords: ILOAT
Total judgments found: 63
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Judgment 2121
93rd Session, 2002
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9 and 14
Extract:
The recommendation of the Personnel Advisory Panel not to renew the complainant's contract was followed. She submits that "at no time was she given a reason for the decision not to renew her appointment. The failure to cite a reason runs counter to principles embodied in a series of Tribunal judgments [...] to state that another body has recommended against renewal, without stating why, is not enough to satisfy the Tribunal that a reason for such non-renewal was given."
Keywords:
acceptance; advisory body; case law; complainant; contract; duty to substantiate decision; evidence; general principle; grounds; iloat; non-renewal of contract; recommendation;
Judgment 2098
92nd Session, 2002
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant's appointment was terminated by mutual agreement. He appears to object that the organization terminated his employment while he was on sick leave. "Although the Tribunal held in Judgment 938 [...] that a staff member cannot be separated while on sick leave, it later pointed out that its ruling was to be seen in context and could not be applied in any circumstances whatever (see Judgment 1494 [...], under 6). The rule being intended to protect the staff member, it cannot be applied where the termination is the subject of an agreement, particularly when it has been mooted by the staff member concerned".
Reference(s)
ILOAT Judgment(s): 938, 1494
Keywords:
agreed termination; case law; condition; contract; exception; iloat; limits; separation from service; sick leave;
Judgment 2097
92nd Session, 2002
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"If the contracts are valid and enforceable and not in breach of any applicable staff rule or principle of international civil service law, the Tribunal has no power to reform them or to remake the bargain which the parties themselves have chosen to make."
Keywords:
acceptance; amendment to the rules; applicable law; competence of tribunal; contract; iloat; international civil service principles; official; provision; staff regulations and rules; terms of appointment;
Judgment 2096
92nd Session, 2002
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The [contract renewal] board was under the obligation to take into account performance appraisal reports [...]. The [complainant's] performance appraisal report for 1999 had not been completed for submission to the board. Yet, before a decision is taken not to renew a contract, precedent has it that it is a fundamental obligation to examine the staff member's performance appraisal. Failure to comply with that obligation constitutes a procedural flaw as it has the effect of excluding an essential fact from consideration (see, in particular, Judgment 1525 [...] and the case law cited therein)."
Reference(s)
ILOAT Judgment(s): 1525
Keywords:
advisory body; case law; contract; delay; disregard of essential fact; effect; iloat; non-renewal of contract; organisation's duties; performance report; procedural flaw;
Judgment 2095
92nd Session, 2002
Surveillance Authority of the European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The determination of salary scales is discretionary [and] must be exercised within a framework of rules drawn from both the relevant statutory provisions and the general principles of clarity, stability and foreseeability defined in the case law (see, for example, Judgment 1821)."
Reference(s)
ILOAT Judgment(s): 1821
Keywords:
case law; definition; discretion; general principle; iloat; limits; organisation; salary; scale; staff regulations and rules; written rule;
Judgment 2092
92nd Session, 2002
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"One of the tests which the Tribunal has developed over the years to determine whether or not a post has truly been abolished is to ask whether or not the 'abolition' has resulted in a reduction of the number of staff in the affected department. (See, for example, Judgment 139 [...].) If it has not, the presumption is that all that has taken place is a redistribution of functions among existing posts [...] and not the abolition of one or more posts".
Reference(s)
ILOAT Judgment(s): 139
Keywords:
abolition of post; case law; consequence; criteria; definition; iloat; judicial review; post; reorganisation; staff reduction;
Judgment 2091
92nd Session, 2002
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10 and 12
Extract:
The complainant had an accident while on duty. He signed a settlement agreement with the organisation and the CERN Pension Fund in order to solve the issue of the payment of an incapacity pension by the pension fund. "The ESO submits the complaint is not receivable as it does not allege non-observance of the terms of the complainant's appointment or of the [organisation]'s rules and regulations [...]. The Tribunal considers that since the settlement between the complainant, the [organisation] and the CERN Pension Fund arises out of the complainant's rights under his contract of employment as well as the Staff Rules and Regulations, it has jurisdiction to consider the effect of the trilateral agreement."
Keywords:
breach; cern pension fund; competence of tribunal; complainant; complaint; consequence; contract; definition; effect; iloat; incapacity; judicial review; organisation; payment; pension; professional accident; provision; receivability of the complaint; right; service-incurred; staff regulations and rules;
Judgment 2089
92nd Session, 2002
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
From 1986 to 2000 the organisation followed the practice followed by the coordinated organizations in adjusting both salaries and pensions in accordance with both cost-of-living and standard-of-living adjustments. In July 2000 it made a cost-of-living adjustment mandatory for pensions even if no such adjustment is made to salaries, but no provision is made for standard-of-living adjustment to pensions. "It is to no avail that the complainants criticise the effectiveness of the change or the accuracy of the calculations on which it was based, for those are not matters within the Tribunal's competence."
Keywords:
adjustment; amendment to the rules; competence of tribunal; coordinated organisations; cost-of-living increase; iloat; no provision; pension; pension adjustment system; period; practice; reckoning; salary;
Judgment 2088
92nd Session, 2002
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
The complainant seeks "a termination indemnity under Rule 109.5 which does not deal with indemnities. These are in fact dealt with under 109.7 [...] the question of a termination indemnity was not argued before the Tribunal probably because the complainant did not cite the number of the Staff Rule correctly. The Tribunal considers that the question of a claim under 109.7 (mistakenly referred to as 109.5) should be returned to the parties for argument on this single issue".
Reference(s)
Organization rules reference: UNESCO STAFF RULE 109.5 UNESCO STAFF RULE 109.7
Keywords:
adversarial proceedings; complainant; enforcement; iloat; provision; remand; request by a party; staff regulations and rules; terminal entitlements;
Judgment 1940
88th Session, 2000
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Insofar as the complainant is seeking to obtain a judgment from the Tribunal on the extent of his pension rights, it is clear that the decisions taken by the pension fund lie exclusively within the jurisdiction of the United Nations Administrative Tribunal and cannot be reviewed by this Tribunal."
Keywords:
competence of tribunal; iloat; pension; unat; unjspf;
Judgment 1660
83rd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"According to Judgment 1330 [...] and other precedents, the right to appeal to an international administrative tribunal forms part of the essential safeguards that international civil servants must enjoy."
Reference(s)
ILOAT Judgment(s): 1330
Keywords:
acquired right; case law; competence of tribunal; iloat; official; right of appeal; safeguard; terms of appointment;
Judgment 1659
83rd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"The defendant strongly objects to the complainants' producing privileged documents which it says they should never have disclosed without leave from the Secretary-General and which should therefore be discounted. The complainants explain that when still on the staff they were regularly sent such documents. So it is hard to see what is wrong with their relying thereon in pleadings that are confidential anyway."
Keywords:
acceptance; confidential evidence; disclosure of evidence; evidence; executive head; iloat; submissions;
Judgment 1100
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complaint is premature. The organisation claims an award of costs against the complainant. "In Judgment 885 the Tribunal addressed the issue of abuse of the right of appeal. It said that it was for the Tribunal itself to determine whether a complainant had abused that right and, if so, what ruling was fitting in the circumstances. In Judgment 1056, however, it held that such a ruling may not include an award of costs against the complainant."
Reference(s)
ILOAT Judgment(s): 885
Keywords:
case law; costs; counterclaim; iloat; refusal; tribunal; vexatious complaint;
Judgment 986
67th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal may not review the management of the [United Nations Joint Staff Pension] Fund, the sole basis of its competence in this case being the ILO's Staff Regulations."
Keywords:
competence of tribunal; iloat; pension; unjspf;
Judgment 931
65th Session, 1988
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"In the matter of costs the Tribunal has absolute authority that no text can fetter. It is plain from the case law that its ruling on costs will depend on the circumstances of the case. Even if it had held this complaint receivable and well founded, it would not necessarily have made any award."
Keywords:
case law; competence of tribunal; costs; iloat;
Judgment 872
63rd Session, 1987
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"A decision by a national court cannot be binding on the Tribunal, which is the body of final instance competent to interpret the Staff Rules as an issue of law."
Keywords:
competence of tribunal; consequence; iloat; interpretation; judgment of the tribunal; last instance; municipal court; staff regulations and rules;
Judgment 860
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
"Desirable though it may be that the various bodies that hear disputes in the international civil service take account of each other's rulings, each of them has a legal context of its own and will rule by its own lights on any case before it."
Reference(s)
ILOAT Judgment(s): 657
Keywords:
applicable law; application for review; case law; effect; european court of justice (ecj); iloat; judgment of the tribunal; law of european communities;
Judgment 803
61st Session, 1987
International Computing Centre (World Health Organization)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
According to the Tribunal's case law, a contract is concluded only if both parties have shown contractual intent, all the essential terms have been agreed on and all that may remain is a formality requiring no further agreement. The Tribunal holds that in this case those conditions are not fulfilled. The complainant neither accepted the work plan put to him by the defending organisation nor proved that promises were made to him.
Keywords:
case law; condition; contract; definition; iloat; intention of parties; lack of evidence; promise;
Judgment 630
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainant argues that the unfair treatment lies in her being kept idle for so long. Accordingly the time limit for filing an appeal did not begin on the date on which her supervisor decided, while keeping her on her post, to give her no more work: the injury occurred only with the passage of time. Thus, although it was only after being kept idle for a considerable lapse of time that the complainant appealed to the Director-General, and then to the Tribunal, for compensation for the injury she alleged, her claims are not time-barred and her complaint is receivable."
Keywords:
compensation; complaint; date; executive head; iloat; injury; internal appeal; period; post; receivability of the complaint; refusal to assign work; request by a party; start of time limit; supervisor; time bar;
Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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 5
Extract:
It is significant that the defendant organisation has provided for the application of the United Nations Staff Rules and Regulations. "This Tribunal would therefore hesitate to depart from any interpretation which had been placed upon any regulation by the United Nations Tribunal. The fundamental question in issue cannot, however, be decided as a matter of pure interpretation." [cf. UNAT case No 225; UNAT Judgment No. 236]
Reference(s)
ILOAT Judgment(s): 236
Keywords:
case law; consequence; enforcement; iloat; interpretation; judgment of the tribunal; staff regulations and rules; unat;
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