Staff Regulations and Rules (232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243,-666)
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Keywords: Staff Regulations and Rules
Total judgments found: 494
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Judgment 1333
76th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The law that the Tribunal applies in entertaining claims that are put to it includes not just the written rules of the defendant organisation but the general principles of law and basic human rights."
Keywords:
applicable law; general principle; staff regulations and rules; tribunal; universal declaration of human rights;
Judgment 1330
76th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"According to the Tribunal's case law, receivability does not depend on proving actual and certain injury. All that a complainant need show is that the decision under challenge may impair the rights and safeguards that an international civil servant claims under staff regulations or contract of employment."
Keywords:
case law; cause of action; complaint; contract; injury; receivability of the complaint; safeguard; staff member's interest; staff regulations and rules;
Consideration 8
Extract:
The complainants regard as a breach of their acquired rights an amendment to the Staff Regulations whose effect is to confer on the United Nations Administrative Tribunal competence for disputes concerning the reckoning of pensionable remuneration. But the Tribunal "cannot treat an amendment to the rules on competence as 'loss of an essential legal safeguard'. After all, with the new text competence goes to an independent and impartial international administrative tribunal."
Keywords:
acquired right; amendment to the rules; competence; competence of tribunal; pension; pensionable remuneration; right of appeal; safeguard; staff regulations and rules; unat;
Consideration 9
Extract:
A "mistaken" contention of the complainants is "that any amendment of a text that in itself confers an acquired right [...] is bound to amount to impairment of that right. [...] No provision of the Staff Regulations is in itself inviolate. [...] Only when an amendment to earlier provisions has altered some essential and fundamental term of appointment will there be breach of an acquired right."
Keywords:
acquired right; amendment to the rules; staff regulations and rules; terms of appointment;
Judgment 1327
76th Session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Even though later incidents and correspondence may have suggested that there was some possibility of a change in the organization's position", the material decision remained "final" within the meaning of Rule 1230.7.1.
Reference(s)
Organization rules reference: PAHO STAFF RULE 1230.7.1
Keywords:
complaint; decision; receivability of the complaint; staff regulations and rules; subsequent fact;
Judgment 1317
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 20-21
Extract:
The ITU alleges that as a member of project personnel the complainant could not expect his appointment to be renewed after a restructuring exercise, unlike headquarters officials whose appointments were extended. "It is clear from the Staff Regulations and the relevant rules that the provisions on fixed-term appointments are in substance the same for both [headquarters and project personnel]. [...] The Union is mistaken in relying on [a rule] to rebut the complainant's charge of discrimination in favour of other staff".
Keywords:
contract; equal treatment; fixed-term; headquarters official; legitimate expectation; non-renewal of contract; project personnel; reorganisation; staff regulations and rules; status of complainant;
Consideration 23
Extract:
"Consistent precedent has it that even where an organisation's Staff Regulations say that a fixed-term contract is ipso facto extinguished on expiry non-renewal is to be treated as a distinct and challengeable administrative decision." After referring to Judgments 17 and 1040, the Tribunal observes that "that requirement is an indispensable safeguard of security of employment in the international civil service, which indeed, unlike many national civil services and some regional organisations, commonly grants fixed-term appointments."
Reference(s)
ILOAT Judgment(s): 17, 1040
Keywords:
case law; contract; decision; domestic law; fixed-term; international civil service principles; non-renewal of contract; notice; right of appeal; safeguard; staff regulations and rules;
Considerations 22-23
Extract:
The ITU, relying on material provisions in the Staff Regulations and Rules, argues that the complainant's fixed-term appointment automatically expired when his contract ran out and that it had no need to take a decision on non-renewal. The Tribunal, having made clear that those provisions "have counterparts in the Staff Regulations and Staff Rules of several other international organisations", holds that its ruling on this case "must be in line with what proves to be an important feature of the common law of international organisations, or at least of those that define contracts by category in determining relations with their employees. [...] Consistent precedent has it that [...] a fixed-term contract", even a temporary one, "is to be treated as a distinct and challengeable administrative decision."
Keywords:
case law; contract; coordinated organisations; decision; fixed-term; law of contract; non-renewal of contract; notice; rule of another organisation; staff regulations and rules;
Judgment 1315
76th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Vide Judgments 1147, consideration 4, and 1269, consideration 13.
Reference(s)
ILOAT Judgment(s): 1147, 1269
Keywords:
case law; collective rights; iloat statute; locus standi; right of appeal; staff regulations and rules; staff representative; staff union;
Judgment 1311
76th Session, 1994
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"As a rule the conditions of employment of staff are subject exclusively to the ESO's own Staff Regulations and to the general principles of the international civil service: see Judgments 322, under 2; 473, under 2 and 3; and 493, under 5. National laws, and in particular those of the host country, apply only where there is express reference thereto."
Reference(s)
ILOAT Judgment(s): 322, 473, 493
Keywords:
case law; domestic law; insurance benefits; international civil service principles; staff regulations and rules; terms of appointment;
Judgment 1303
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant's objection to the amount of pay he is getting rests on principles of law applicable within the United Nations family of organisations. He submits that such principles take priority over his organization's own staff rules. He wants the Tribunal to order the review of an ITU rule on pay policy. "The claim [...] must fail because the Tribunal does not have competence to make such an order."
Reference(s)
ILOAT reference: ARTICLE II(5) OF THE STATUTE
Keywords:
amendment to the rules; competence of tribunal; coordinated organisations; iloat statute; international civil service principles; salary; staff regulations and rules;
Judgment 1299
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4 and 7
Extract:
The Tribunal holds that the wording of UNESCO Staff Rule 105.4(a) "is not clear enough to allow of a ruling and that comparison between the English and French versions fails to resolve the issue. [...] The obscurity of the text prompts reference both to the 'preparatory work' on the rule and to the organization's practice in applying it."
Reference(s)
Organization rules reference: UNESCO STAFF RULE 105.4(A)
Keywords:
enforcement; interpretation; language of rule; practice; staff regulations and rules; written rule;
Judgment 1297
75th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
See Judgment 1296, consideration 7.
Reference(s)
Organization rules reference: ARTICLE 67(2) OF THE EPO SERVICE REGULATIONS
Keywords:
case law; european court of justice (ecj); interpretation; law of european communities; purport; staff regulations and rules; written rule;
Judgment 1296
75th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The Tribunal is not bound by the rulings of the Court of Justice of the European Communities, but inasmuch as Article 67(2) is derived from the article bearing the same number in the Staff Regulations of the Communities, the Court's decisions do carry persuasive authority."
Reference(s)
Organization rules reference: ARTICLE 67(2) OF THE EPO SERVICE REGULATIONS
Keywords:
case law; european court of justice (ecj); interpretation; law of european communities; purport; staff regulations and rules; written rule;
Judgment 1280
75th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 14-15
Extract:
Vide Judgment 1279, considerations 14 and 15.
Reference(s)
ILOAT Judgment(s): 1279
Keywords:
complaint; date; good faith; internal appeal; organisation's duties; receivability of the complaint; staff regulations and rules; time limit;
Judgment 1279
75th Session, 1993
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 14-15
Extract:
Under PAHO Staff Rule 1230.7.1 no-one may appeal to the Board of Appeal until "all the existing administrative channels have been tried". The complainants advised the administration that they intended to appeal to the Board as soon as they had the assurance that they had exhausted the internal remedies. "The defendant was therefore not free in good faith to treat the complainants' internal appeals to the Board as being out of time by taking a date that made it impossible for them to satisfy the prior condition set in Rule 1230.7.1."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1230.7.1
Keywords:
complaint; date; good faith; internal appeal; organisation's duties; receivability of the complaint; staff regulations and rules; time limit;
Judgment 1278
75th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"The WHO may not absolve itself from liability for keeping a promise by pointing to the provision that there shall be no expectation of renewal."
Keywords:
contract; extension of contract; fixed-term; organisation's duties; promise; right; staff regulations and rules;
Judgment 1276
75th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"It is [...] proper to take consistent EPO practice as a guideline: it would be quite unreasonable to put on a poorly drafted text a construction that disrupted such administrative practice. Everyone concerned has till now seen it as striking a fair balance".
Keywords:
interpretation; organisation's interest; practice; staff regulations and rules; tribunal;
Judgment 1272
75th Session, 1993
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
If someone from outside of the organization who was picked on the strength of experience and qualifications "is given responsibilities that confer authority over serving staff or entail even a temporary change in the organisation's structure, his appointment must comply with the usual rules on the establishment and filling of posts. That is so even where the contract he signs stipulates that he shall not be an international civil servant."
Keywords:
appointment; contract; creation of post; due process; external collaborator; staff regulations and rules; supervisor;
Consideration 9
Extract:
"The Tribunal is competent to rule on the effects that the recruitment of [Mr. X] may have on the complainants' rights under the Regulations because the organisation established a special relationship with him: see what the Tribunal said on the subject, albeit in another context, in Judgment 122 [...] - in the second paragraph."
Reference(s)
ILOAT Judgment(s): 122
Keywords:
case law; competence of tribunal; contract; staff regulations and rules;
Judgment 1270
75th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In accordance with Articles 106 to 113 [of the EPO Service Regulations] the filing of an appeal presupposes that the organisation has already taken a decision that adversely affects the staff member or that he has submitted to it a request for a decision he is entitled to under the Regulations. So the essence of the prescribed procedure is that it affords a means of having a decision reversed. The staff member may not secure a right of appeal by putting forward a claim to compensation that is unconnected with an express or implied decision challengeable under Article 106."
Reference(s)
Organization rules reference: ARTICLES 106 TO 113 OF THE EPO SERVICE REGULATIONS
Keywords:
application for quashing; cause of action; decision; express decision; implied decision; staff regulations and rules;
Consideration 6
Extract:
The complainant's various claims, put forward first in his internal appeal of 19 July 1991 and then in this complaint, are unconnected with the appeal procedure provided for in the Regulations. Article 28 confers on the staff member the right to assistance against any attacks a third party makes on him by reason of his office or duties: its purpose is not to settle a dispute that has arisen within the Organisation itself. In this case the complainant is objecting to actions by several senior EPO officers which they were competent to take and which were challengeable only under the appeal procedure set out in the Service Regulations. In fact this complaint is just an attempt to revive false rows he carried on with management until he himself realised what his own behaviour required and duly resigned. As for the quarrel with the Organisation over his staff union activity, it suffices to refer to Judgment 1269 [...].
Reference(s)
Organization rules reference: Article 28 of the Service Regulations
ILOAT Judgment(s): 1269
Keywords:
breach; staff regulations and rules;
Judgment 1269
75th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
Having held that an official might act in his capacity as representative of the Staff Association in furtherance of common interests before the Tribunal, the Tribunal holds that "it is only fair to acknowledge a similar right for a staff member who, while defending his own case, is also pursuing some particular common interest that the Service Regulations safeguard", even after resigning.
Keywords:
locus standi; resignation; right of appeal; staff regulations and rules; staff representative;
Consideration 13
Extract:
"As a staff representative he was filing suit both for himself and in the common interest. Since neither the Service Regulations of the EPO nor the Statute of the Tribunal allow staff associations as such to file suit, the only way for them to safeguard their interests is for individual officials to act as their representatives in furtherance of the common rights and interests of the whole or part of the staff. In Judgment 1147 the Tribunal held, under 3 and 4, that an EPO staff member might in such circumstances act in his capacity as chairman of the Staff Committee."
Reference(s)
ILOAT Judgment(s): 1147
Keywords:
case law; iloat statute; locus standi; right of appeal; staff regulations and rules; staff representative;
Judgment 1260
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant wants the Tribunal to order the removal of a mention in his file after he turned down the offer of a post which allegedly puts an "obstacle" on his name to get jobs from the organization. The organization contends that it has not had any contractual ties with the complainant since a short contract it gave him some time ago, and it points out that his present claims have no bearing on that contract. "The Tribunal's competence is restricted under Article II(5) of its Statute to hearing complaints alleging the non-observance, in substance or in form, of the terms of appointment of an official or of provisions of the organisation's Staff Regulations. The complaint fails because the Tribunal lacks competence to entertain it."
Reference(s)
ILOAT reference: ARTICLE II(5) OF THE STATUTE
Keywords:
competence of tribunal; complaint; contract; iloat statute; locus standi; non official; personal file; receivability of the complaint; staff regulations and rules;
Judgment 1256
75th Session, 1993
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant asked the Director-General to review his decision to reject his application for a vacant post after the expiry of the one month delay for filing of an internal appeal. He wants the Tribunal to acknowledge the exceptional character of his case as justifying an extension of the normally applicable time limit. "According to precedent a complainant may not be deemed to have exhausted the means of redress at his disposal within the organisation unless he has followed the prescribed internal procedure for appeal and in particular observed the time limits. So if his internal appeal was out of time his complaint to this Tribunal will also be irreceivable under Article VII(1)."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: UPU STAFF RULE 111.3
Keywords:
case law; complaint; exception; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time bar; time limit;
Consideration 6
Extract:
To escape the time bar the complainant relies on UPU Staff Rule 111.3.4, which allows the Joint Appeals Committee to waive the time limit in exceptional circumstances. "As the Union observes, the time limit which the Committee may waive is not the one in 111.3.1 - the one month for submitting a request for review to the Director-General - but only the one for appeal to the Committee against the decision rejecting such request." The complaint is therefore irreceivable.
Reference(s)
Organization rules reference: UPU STAFF RULE 111.3
Keywords:
case law; complaint; exception; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time bar; time limit;
Judgment 1250
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
The complainant's refusal of assignment to a post outside headquarters "was in breach of his obligation to the organization to comply with a transfer under Regulation 301.012. In view of the responsibilities of the post [to which he was assigned], that refusal impeded the effective operation of the organization [...] and amounted to misconduct."
Reference(s)
Organization rules reference: STAFF REGULATION 301.012
Keywords:
breach; complainant; definition; duty station; headquarters; organisation's interest; post; post description; refusal; serious misconduct; staff member's duties; staff regulations and rules; transfer;
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