International civil service principles (197,-666)
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Keywords: International civil service principles
Total judgments found: 67
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Judgment 1249
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The impugned decision [not to renew the complainant's appointment] was warranted neither by the WHO's concern for the purported interests of the country of the complainant's nationality nor by its desire to keep on good terms and work effectively with its membership. Relations with a member state may be good without the Organization's allowing any of its Member States the right to interfere in the area of personnel management."
Keywords:
complainant; contract; decision; fixed-term; independence; international civil service principles; member state; nationality; non-renewal of contract; organisation; place of origin;
Consideration 4
Extract:
WHO put an end to the complainant's appointment on the grounds that the authorities of his country were unwilling to release him any longer. "The Director-General took himself to be bound by the attitude of the government of the Soviet Union. In doing so, he mistook the limits of his own discretion. As was held in Judgment 15 [...] among others, he must in exercising that discretion observe the general principles that govern the international civil service and safeguard the independence of organisation and official alike. The Director-General has committed a mistake of law."
Reference(s)
ILOAT Judgment(s): 15
Keywords:
case law; complainant; contract; decision; discretion; executive head; extension of contract; fixed-term; independence; international civil service principles; limits; member state; nationality; non-renewal of contract; official; organisation; secondment;
Judgment 1232
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Having been held in his home country against his wishes, the complainant applied, under duress, for early retirement, and the authorities of his country forwarded his application to the organization. "As soon as he was able to show that he had acted under duress UNESCO had the duty, according to the general principles that guarantee the independence of international civil servants, to grant relief. Such independence means that a staff member may not be put on early retirement where a member State has ordered him to apply for it."
Keywords:
burden of proof; early retirement; independence; international civil service principles; lack of consent; member state; official; organisation; organisation's duties; request by a party;
Judgment 1230
74th Session, 1993
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The impugned decision - the non-renewal of the complainant's contract until his retirement- was made on the basis of mistake of fact, an erroneous interpretation of certain statements made by the complainant regarding his availability. It was also established that the Agency must have known that the government of the complainant's country of origin wanted him to return home. The Agency, in this context "ought to have paid especial heed, for the sake of the independence of the international civil service, and his own in particular, to finding out just what he really intended and conveying it accurately to the competent committee."
Keywords:
contract; fixed-term; independence; intention of parties; international civil service principles; member state; non-renewal of contract; official; organisation; organisation's duties;
Judgment 1221
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant seeks the quashing of her summary dismissal for serious misconduct. Under the circumstances UNESCO Staff Regulation 10.2 lays no duty on the Director-General to put the matter to the Joint Disciplinary Committee. But that does not mean that the staff must "forfeit all the safeguards of the international civil service when they are to incur disciplinary sanctions. One such safeguard is their right to plead their case. The authority competent to impose the sanction has a duty to warn the staff member in clear terms of the intention of doing so and invite an answer whatever charges may lie."
Reference(s)
Organization rules reference: UNESCO STAFF REGULATION 10.2
Keywords:
decision; duty to inform; international civil service principles; organisation's duties; right to reply; serious misconduct; summary dismissal;
Judgment 1196
73rd Session, 1992
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
The complainants, who belong to the professional and higher categories of staff, contend that the repeal of a provision in the Staff Regulations which insure the stability of their conditions of pay discriminated in favour of local staff. "According to consistent precedent the distinction between international and local staff is a fundamental one inherent in the very nature of an international organisation. It is due to the peculiar circumstances in which such organisations work and it is concurred in, with both its advantages and its drawbacks, by anyone who seeks employment with them, be it in one category of staff or in the other. Each category of staff offers career prospects and conditions of recruitment and pay that differ according to its own requirements, and a staff member may not plead breach of equal treatment if treated differently because he belongs to one category rather than to the other."
Keywords:
appointment; career; case law; equal treatment; general service category; international civil service principles; local status; non-local status; professional category; salary;
Considerations 15 to 18
Extract:
The Organization repealed Staff Regulation 3.1 bis. The complainants contend that this impaired their acquired rights and the stability of their conditions of pay in breach of Regulation 12.1. "In point of principle a rule calculated to achieve stability, like 3.1 bis, serves the lawful purpose of protecting against the erosion of pay by monetary trends, a factor extraneous to the contract of employment, and once the staff have been granted such a safeguard the rule-making authority may not arbitrarily do away with it. But [...] there was objective cause to repeal 3.1 bis in that it had entailed adjusting pay only when the dollar fell on the exchange market but not when it rose above any given point. There was potential - depending on currency fluctuation - for an undue increase in pay constituting a lasting charge to WIPO's budget which was no more warranted than it would have been for the Organization to make savings if the dollar fell. The conclusion is that because of the untoward effects the old rule might have [WIPO] was right to repeal it. Repeal was not in breach of the staff's acquired rights".
Reference(s)
Organization rules reference: FORMER WIPO STAFF REGULATION 3.1 BIS; WIPO STAFF REGULATION 12.1
Keywords:
acquired right; adjustment; amendment to the rules; cost-of-living weighting; currency of payment; exchange rate; international civil service principles; salary; staff regulations and rules; unjust enrichment;
Judgment 1154
72nd Session, 1992
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is a general principle of international civil service that there must be a valid reason for any decision not to renew a fixed-term appointment and that the reason must be given to the staff member. That principle was set out, for example, in Judgment 675 [...] in 10 and 11."
Reference(s)
ILOAT Judgment(s): 675
Keywords:
case law; contract; duty to substantiate decision; fixed-term; international civil service principles; non-renewal of contract;
Judgment 1118
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Though the Tribunal's main task is to enforce the written rules in disputes between organisation and staff member, clear and consistent precedent makes dealings between the two sides subject, not just to the material provisions of the staff regulations and the contract of employment, but also to a set of general principles that form part of the law of the international civil service."
Keywords:
competence of tribunal; enforcement; general principle; international civil service principles; staff regulations and rules;
Considerations 10-11
Extract:
The organisation submits that the Tribunal is not competent to entertain a challenge to measures taken by the Permanent Commission, which is a legislative body. "An organisation may of course freely decide what its staff regulations are to say and what the structure of its secretariat is to be. But once it has laid those administrative foundations the political and administrative bodies that frame personnel policy have a duty as employer at all times and more particularly when amending conditions of service to abide by [the] general principles [of the international civil service]. As it stated in Judgment 986 [...], under 2, the Tribunal is fully competent when the relationship between the organisation and its staff is at issue, subject only to Article XII of its Statute."
Reference(s)
ILOAT reference: ARTICLE XII OF THE STATUTE
ILOAT Judgment(s): 986
Keywords:
competence of tribunal; enforcement; executive body; general decision; international civil service principles; legislative body; organisation's duties;
Judgment 1080
70th Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainants object that the terminal entitlements Interpol granted them under the Staff Rules and Regulations were "paltry". "Even if there are rules the Tribunal may still check that the organisation has kept to the general principles that govern the international civil service, one of them being its duty to treat its staff considerately. As has been said before, an organisation must act from reasonable motives and not cause its staff unnecessary or undue prejudice."
Keywords:
enforcement; international civil service principles; judicial review; organisation's duties; staff regulations and rules; terminal entitlements;
Judgment 986
67th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The Noblemaire principle, as defined by the Tribunal in Judgment 825, is a custom binding on any organisation that belongs to the United Nations system.
Reference(s)
ILOAT Judgment(s): 825
Keywords:
definition; international civil service principles; noblemaire principle;
Consideration 7
Extract:
"The relations of staff with an international organisation do not end when they leave its employ. The pension scheme forms part of the administrative arrangements they may look forward to and, like pay, pensions are governed by basic rules that are binding on the organisation. Foremost among them is Noblemaire, the purpose of which is not to bestow privilege on international civil servants but to draw some of the best people from every country into the service."
Keywords:
enforcement; international civil service principles; noblemaire principle; pension; salary; separation from service;
Judgment 963
66th Session, 1989
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainants challenge Eurocontrol's decision to reduce the amount of education expenses to be refunded to them insofar as it applied retroactively. Though the Director General's decisions are the only ones the Tribunal may quash and those under challenge did not have retroactive effect, "a staff member may challenge in an individual appeal the lawfulness of any decision of the [Permanent] Commission's that affords the basis in law for a decision by the appointing authority if he believes the latter decision to be at odds - as indeed here the decisions are - with a rule or principle that governs the international civil service."
Keywords:
decision; education expenses; enforcement; executive head; international civil service principles; judicial review; legislative body; non-retroactivity; reduction of salary; refund; salary;
Judgment 917
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The "principles that govern the international civil service [...] forbid discrimination and require that all members of the staff be treated considerately and with respect for their dignity."
Keywords:
equal treatment; general principle; international civil service principles; organisation's duties; respect for dignity;
Judgment 902
64th Session, 1988
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
"If a staff member [...] lodges an appeal under the Staff Regulations he may thereby also challenge the lawfulness of any decision of the Permanent Commission's that affords the legal basis for the individual decision by the appointing authority if he alleges breach of the rules and principles of the international civil service that are binding on the organisation. As the Tribunal says in Judgment 899 [...], under 19, an organisation may not cite its own decision-making procedures to avoid compliance with the rules in dealings with staff."
Reference(s)
ILOAT Judgment(s): 899
Keywords:
competence of tribunal; enforcement; general decision; international civil service principles; legislative body; organisation's duties;
Judgment 899
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"To begin with, the Tribunal will not review criteria laid down in any national law. The only rules it will apply are those that govern the international civil service and in this case they are the EPO Service Regulations".
Keywords:
applicable law; competence of tribunal; domestic law; international civil service principles; staff regulations and rules;
Judgment 856
63rd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"According to general principles that apply to the international civil service an official may at any time offer his resignation without explanation. But to protect the organisation's rights as employer the offer takes effect only when accepted."
Keywords:
acceptance; general principle; international civil service principles; offer; resignation;
Judgment 832
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
While rejecting the complainants' plea of breach of acquired rights regarding their pensions, the Tribunal holds that "they may ask the ILO to accept restraint in its dealings with staff. An international organisation should refrain from any measure which is not warranted by its normal functioning or the need for competent staff. It is bound by the general principles of law such as equality, good faith and non-retroactivity. It will act from reasonable motives and avoid causing unnecessary or undue injury."
Keywords:
acquired right; decision; grounds; international civil service principles; organisation's duties; pension;
Judgment 687
57th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Implicit in [Article 13 of the EPO Service Regulations] and in the general principles which govern the international civil service is the notion that the purpose of probation is to find out whether the official is capable of a satisfactory career in the organisation. The competent authority will determine on the evidence before it, and possibly after extension of the probation, whether to dismiss the official or to confirm his appointment."
Reference(s)
Organization rules reference: ARTICLE 13 EPO SERVICE REGULATIONS
Keywords:
international civil service principles; probationary period; purpose; qualifications; staff regulations and rules;
Judgment 503
48th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Under [the applicable rule] and the general principles of international public service the purpose of probation is to discover whether the official has the qualities which warrant keeping him on the staff. It is for the President to decide, in the light of the evidence before him, whether to dismiss the official or to grant him a permanent appointment."
Keywords:
discretion; international civil service principles; probationary period; purpose; termination of employment;
Judgment 493
48th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In accordance with Article II of its Statute, [the Tribunal] hears complaints alleging the non-observance of terms of appointment or of the Staff Regulations. In reaching its decisions it construes such texts by the accepted methods of legal interpretation. It also draws upon general principles of law insofar as they may apply to the international civil service. It takes no account of municipal law, however, except insofar as such law embodies those principles."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
case law; competence of tribunal; domestic law; enforcement; general principle; iloat statute; international civil service principles; interpretation;
Judgment 491
48th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal will determine the complainant's status by reference to the Staff Rules and Regulations and only where they are silent will it apply the general principles governing international public service. There is no ambiguity about the texts in point in this case."
Keywords:
applicable law; enforcement; international civil service principles; no provision; staff regulations and rules;
Judgment 490
48th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 491, consideration 3.
Reference(s)
ILOAT Judgment(s): 491
Keywords:
applicable law; enforcement; international civil service principles; no provision; staff regulations and rules;
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