Staff Regulations and Rules (232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243,-666)
You searched for:
Keywords: Staff Regulations and Rules
Total judgments found: 494
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 | next >
Judgment 1706
84th Session, 1998
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant, placed on special leave without pay following an 'agreed termination' was a candidate in an internal competition. The Organization maintains that she was no longer a staff member at the moment of recruitment. "The Tribunal [...] holds that the 'agreed termination' did not in any way restrict her rights under the Staff Rules, while she remained a staff member, to preference over an outside male candidate in any future competition where qualifications were equal."
Keywords:
agreed termination; appointment; candidate; competition; internal candidate; priority; right; sex discrimination; special leave; staff regulations and rules; unpaid leave;
Consideration 17
Extract:
"As for the special panel set up to deal with allegations of discrimination, neither the Joint Appeals Board nor UNIDO cites any provision of the Staff Rules which compels recourse to that panel. The complainant's failure to put her grievance to it does not make her complaint irreceivable. Where a matter is otherwise within its jurisdiction the Tribunal can and will entertain related allegations of discrimination."
Keywords:
competence of tribunal; internal appeal; internal appeals body; internal remedies exhausted; priority; receivability of the complaint; right; sex discrimination; staff member's duties; staff regulations and rules; tribunal;
Judgment 1699
84th Session, 1998
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 29
Extract:
"The Tribunal does not accept that a request for review precludes a negotiated settlement. There is no reason why a staff member cannot keep to the time limit laid down by the Staff Regulations and Rules and at the same time negotiate. And he will be in a stronger negotiating position if he has lodged a timely appeal."
Keywords:
internal appeal; settlement out of court; staff regulations and rules; time limit;
Judgment 1696
84th Session, 1998
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The wording of Regulation 9 (b)(3) is plain: the decision to terminate an appointment at the end of probation may be taken only 'after consultation with an advisory body', the Staff Committee." The Organisation submits that it need only speak to the Chairman. But the Committee has several members who are supposed to function as a single body. The Orgnanisation's argument postulates prior delegation of authority to the Committee's Chairman or officers. To be valid, however, such delegation must have some basis in the rules. Failing that, any action "will be ultra vires" there being wrongful failure to consult the Staff Committee, the impugned decision must, in line with patere legem, be set aside.
Reference(s)
Organization rules reference: CCC STAFF REGULATIONS 9(B)(3)
Keywords:
advisory body; advisory opinion; decision; delegated authority; due process; organisation's duties; patere legem; probationary period; procedural flaw; staff regulations and rules; termination of employment;
Judgment 1682
84th Session, 1998
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"True, Article R 4 1.01 [of the EMBL Staff Regulations] does not commit [the EMBL] to granting [its staff] all the adjustments that apply to the staff of the coordinated organizations. Yet the provision does not leave it quite free to apply only in part, let alone to cast aside altogether, the decisions of those organisations. [...] Of course it may switch to another system or standard of reference [...] but as long as [...] the system [...] holds good [...] the staff are entitled to the safeguards that R 4 1.01 bestows: objective arbitrament and sure figures."
Reference(s)
Organization rules reference: ARTICLE R 4 1.01 OF EMBL STAFF REGULATIONS
Keywords:
adjustment; amendment to the rules; coordinated organisations; organisation's duties; rule of another organisation; safeguard; salary; scale; staff regulations and rules;
Judgment 1680
84th Session, 1998
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Judgment 809 [...] explained just what [UNESCO Staff] Rule 105.2(b) [on special leave with pay] meant. Its wording 'makes it plain that such a decision will be exceptional' [...] the Director-General does have discretion, and the Organization seeks to rely on it, but obviously it does not stretch to breach of the rules or of the general principles that safeguard the dignity of an international civil servant."
Reference(s)
Organization rules reference: UNESCO STAFF RULE 105.2(B)
ILOAT Judgment(s): 809
Keywords:
discretion; general principle; refusal to assign work; respect for dignity; special leave; staff regulations and rules;
Judgment 1677
84th Session, 1998
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
ITU Staff Regulation 3.8 (a) lays down two conditions regarding the payment of a special post allowance: "one is that there must be a post at a higher grade than the claimant's; the other that the claimant must be performing the duties of the post. The Union adds a third condition, that the post description must be recent. But it is wrong: there is neither a written rule nor any particular basic principle that lays down that requirement."
Reference(s)
Organization rules reference: ITU STAFF REGULATION 3.8 (A)
Keywords:
condition; grade; organisation's duties; post description; special post allowance; staff regulations and rules;
Judgment 1667
83rd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant relies on an alleged promise of promotion which took the form of an announcement in the EPO gazette. "The issue is one of good faith. There is indeed no question of imputing to the EPO any promise to grant to a seconded employee who proved his mettle as liaison officer an automatic promotion in grade or appointment to some more covetable post. Such promise would have been untoward and presumably incompatible with any properly strict observance of the Service Regulations."
Keywords:
condition; promise; promotion; staff regulations and rules;
Judgment 1666
83rd Session, 1997
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6(c)
Extract:
It may not be inferred from Short-Term Rule 3.5 and from the extension of his appointment that the complainant was entitled to the retroactive grant of non-local status. "The effect of the Rule is to bestow retroactively on a short-term official benefits granted to the holder of a fixed-term appointment. If, like the complainant, he belongs to the professional category the place of recruitment will have no bearing on the terms of his appointment. So neither does it have any bearing on entitlements granted retroactively."
Reference(s)
Organization rules reference: ILO SHORT-TERM STAFF RULE 3.5
Keywords:
appointment; contract; duty station; local status; non-local status; professional category; short-term; staff regulations and rules; terms of appointment;
Judgment 1659
83rd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainants "did not go to the Board until [...] six-and-a-half months after they had had notice of dismissal. The [objection to receivability] would no doubt succeed if the rules set a time limit for appeal, but they do not. It is perhaps a pity that the complainants tarried until the very eve of dismissal. But they did expressly reserve their rights when acknowledging receipt of notice of dismissal, and they were hoping until the last day for a satisfactory outcome. So it is hardly arguable that some time limit which was not even in the rules was running against them."
Keywords:
exception; internal appeal; internal remedies exhausted; no provision; staff regulations and rules; time bar; time limit;
Consideration 12
Extract:
The complainants "plead breach of Regulation 12.2(b) which confers priority for re-employment on permanent employees whose posts had to be abolished. But since all the posts were abolished the Association had no choice in the matter and nothing to offer the redundant staff but the opportunity of applying for jobs in the new Secretariat."
Reference(s)
Organization rules reference: EFTA STAFF REGULATION 12.2(B)
Keywords:
abolition of post; competition; contract; exception; organisation's duties; permanent appointment; priority; reassignment; reorganisation; separation from service; staff regulations and rules; termination of employment;
Judgment 1653
83rd Session, 1997
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
In accordance with Article VII(1) of the Tribunal's Statute, "where the Staff Regulations lay down a procedure for internal appeal it must be duly followed: there must be compliance not only with the set time limits but also with any rules of procedure in the Regulations or implementing rules."
Keywords:
complaint; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; procedure before the tribunal; purport; receivability of the complaint; staff regulations and rules; time limit;
Judgment 1647
83rd Session, 1997
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
It follows from WHO Manual paragraph II.1.30 that "grading hinges neither on quality of performance nor on seniority. The sole criteria are the duties and responsibilities of the post. And the grade cannot change unless there is a 'significant change in [their] level'."
Reference(s)
Organization rules reference: PARAGRAPHE II.1.30 OF WHO MANUAL
Keywords:
amendment to the rules; criteria; post; post classification; post description; seniority; staff regulations and rules; work appraisal;
Judgment 1646
83rd Session, 1997
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6 and 10
Extract:
"When an organisation chooses to hold a competition it must abide by its written rules and by the general principles set forth in the case law, particularly insofar as they govern the formal side of the process. [...] As the Appeal Board gathered from the personal records of the candidates on the preselection panel's list, [the successful candidate] had neither the university degree nor the experience that the notice required."
Keywords:
applicable law; appointment; candidate; case law; competition; criteria; degree; due process; international civil service principles; organisation's duties; patere legem; procedure before the tribunal; professional experience; selection procedure; staff regulations and rules; vacancy notice;
Judgment 1641
83rd Session, 1997
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7(c)
Extract:
"Though an organisation must observe acquired rights and keep binding promises, it has broad discretion to amend its Staff Regulations either directly or by incorporating the rules of the common system. In the present economic context and if, like many others, it is in financial straits, it may want to cut costs. There is nothing wrong with the common system's having rules that enable it to do so."
Keywords:
acquired right; amendment to the rules; budgetary reasons; coordinated organisations; discretion; limits; organisation; organisation's duties; organisation's interest; promise; purpose; reduction of salary; staff regulations and rules;
Judgment 1637
83rd Session, 1997
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16(c)
Extract:
The complainant claims an invalidity pension. The Tribunal holds that he is not entitled to one. "Articles 11.1 and 11.2, [of UNIDO's Staff Rules], which deal with total or partial disability attributable to the performance of official duties, do not apply to cases like this one where, after several months' sick leave on full pay, the member does not go back to work and the reason is not that he is unfit but that he has reached the age of retirement and has had to stop work because of a decision no longer subject to challenge."
Reference(s)
Organization rules reference: ARTICLES 11.1 AND 11.2 OF UNIDO'S STAFF RULE
Keywords:
age limit; invalidity; res judicata; retirement; separation from service; service-incurred; sick leave; staff regulations and rules;
Judgment 1634
83rd Session, 1997
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"The Laboratory contends that the terms of the contract prevail over the Staff Rules and Regulations on the grounds that the latter are not 'given a superior rank over the provisions in the individual contract'. The Tribunal rejects the contention. Not only was the Director-General bound to abide by the Staff Rules and Regulations but the contract itself recognised that it was subject to the Staff Rules and Regulations."
Keywords:
contract; organisation's duties; precedence of rules; staff regulations and rules;
Consideration 17
Extract:
"If the Director-General had really intended to employ the complainant as a supernumerary he ought to have given him a contract which complied with the Staff Rules and Regulations. He did not. The contract was therefore not one for supernumerary employment even though that was the label it bore."
Keywords:
contract; flaw; intention of parties; offer; organisation's duties; staff regulations and rules;
Judgment 1618
82nd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainants, who are permanent officials, object to a change in the Service Regulations which applies to officials under fixed-term appointments. "For the same reasons as those stated in Judgment 1451 the present complaints are receivable. What is at issue is not a general decision setting out the arrangements governing pay or other conditions of service. Such arrangements take the form of individual implementing decisions that each employee may eventually challenge [...]. What is at issue here is the adoption of rules on the employment of contract staff that may have indirect effects on the status of permanent employees as to their pay - if they have to bear a heavier financial burden - or as to their indirect involvement in the framing of EPO policy" as members of advisory bodies.
Reference(s)
ILOAT Judgment(s): 1451
Keywords:
case law; competence of tribunal; contract; duration of appointment; exception; fixed-term; general decision; individual decision; permanent appointment; receivability of the complaint; staff regulations and rules;
Consideration 14
Extract:
The purpose of the rule in Article 38 of the Service Regulations is such that "the need for further consultation would be understandable if the proposals had been so radically amended as to be really new ones."
Reference(s)
Organization rules reference: ARTICLE 38 OF EPO SERVICE REGULATIONS
Keywords:
advisory body; consultation; interpretation; purpose; staff regulations and rules;
Judgment 1616
82nd Session, 1997
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The provisions of the combined [Staff] Rules apply to international and local staff alike, and so any provision that applies to one category of staff and not to the other offends against those rules and is unlawful. Here the Director General had no authority to treat as a mere option the consultation of the Joint Board on Appeals from local staff: the combined [Staff] Rules apply to all staff and so does the duty those rules lay down. The rule under which the Director General exercised discretion was an unlawful one and he thereby committed a mistake of law."
Keywords:
advisory body; consultation; discretion; executive head; local status; non-local status; precedence of rules; staff regulations and rules;
Judgment 1614
82nd Session, 1997
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant's appointment was terminated after the Organisation abolished her post. Although the organisation knew it had a duty to look into possibilities of reassignment "it had not 'seriously' done so during the period of notice, as the rules required [as stated under Personnel Policies Manual Article 5.7.11(b)], or even afterwards. Indeed it has acknowledged by implication its failure to comply with that duty: why else offer her 'additional compensation' in relief? The plea succeeds and for that reason alone the impugned decision must be set aside."
Reference(s)
Organization rules reference: ARTICLE 5.7.11(B) OF IFAD PERSONNEL POLICIES MANUAL
Keywords:
abolition of post; compensatory allowance; organisation's duties; reassignment; staff regulations and rules; termination of employment;
Judgment 1613
82nd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant's internal appeal was late. But EFTA itself admits to mistakes in the numbering of the provisions to which the regulations refer, "and they may well have misled the complainants." The Association set up no advisory board, though Staff Regulation 40 provided for one, and the deputy Secretary-General himself told the complainants that in the absence of a recommendation from the Advisory Board they might go to the Tribunal. "All things considered, the complaints must be declared receivable."
Reference(s)
Organization rules reference: EFTA STAFF REGULATION 40
Keywords:
acceptance; complaint; direct appeal to tribunal; exception; executive head; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time limit;
Judgment 1610
82nd Session, 1997
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant "objects to breach of her right to be assisted or represented by counsel in the internal appeal proceedings. But she is mistaken. Staff Rule 29.2(d), on the procedure before the Appeals Board, says that 'the appellant may be represented or assisted by any member of the Secretariat'. In refusing the complainant's application the Secretary General was merely applying the rules, and there was no breach of due process since it was still open to her to seek help from a fellow staff member."
Reference(s)
Organization rules reference: CCC STAFF RULE 29.2(D)
Keywords:
counsel; due process; enforcement; internal appeal; official; procedure before the tribunal; staff regulations and rules;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 | next >
|
