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 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 17 and 20
Extract:
The complainant "was made to take special leave at full pay. The material provision is [Unesco Staff] Rule 105.2(b): 'in exceptional circumstances staff members may be required to take special leave with pay, this measure being without prejudice to the rights of the staff member'. [...] The organization is not saying that no suitable post was vacant at the time the impugned decision was taken [...] nor does it maintain that it made the efforts it could have made to find a solution. All it does say is that the complainant never applied at the time for a single post. [...] On the broader issue, if the organization's intent was that the decision should be some sort of disciplinary sanction, then it would have perverted Rule 105.2(b)".
Reference(s)
Organization rules reference: UNESCO STAFF RULE 105.2(B)
Keywords:
assignment; disciplinary measure; exception; hidden disciplinary measure; organisation's duties; special leave; staff member's duties; staff regulations and rules;
Consideration 14
Extract:
"The organization submits that it followed a practice introduced by the master standard for job classification which the International Civil Service Commission has approved and which applies throughout the United Nations system. But the master standard does not apply directly to the staff of the international organisations: it consists of mere guidelines which the organisations are free to introduce into their own regulations."
Keywords:
administrative instruction; binding character; enforcement; general decision; icsc decision; post classification; practice; rule of another organisation; staff regulations and rules;
Judgment 792
60th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Tribunal refers to the principle laid down in Judgment no. 767: the administration may alter its procedure, "but the change must be properly made known and may not be retroactive." In this case, the change concerns the construction of a provision in the Staff Regulations.
Reference(s)
Organization rules reference: ARTICLE 11.16 OF THE ILO STAFF REGULATIONS
ILOAT Judgment(s): 767
Keywords:
amendment to the rules; condition; duty to inform; interpretation; non-retroactivity; practice; staff regulations and rules;
Judgment 767
59th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The organisation submits that "even if it did construe [Article] 11.16 too loosely it could always put an end to the practice. The ILO may indeed change the interpretation provided, it does not thereby infringe any provision of the Staff Regulations. But the change has to be properly made known and may not be retroactive. The only evidence adduced in support of the argument is a circular which went out after the impugned decision and which therefore could have no bearing on its lawfulness."
Reference(s)
Organization rules reference: ARTICLE 11.16 OF THE ILO STAFF REGULATIONS
Keywords:
amendment to the rules; duty to inform; interpretation; non-retroactivity; practice; provision; staff regulations and rules;
Judgment 751
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"It is [...] immaterial that the Committee did not comment on the figures in the new salary scales. [...] In this instance what 'concerns the whole or part of the staff' is the rules for calculating the salaries of staff categories, not the actual amounts individual staff members will be paid".
Keywords:
advisory body; advisory opinion; amendment to the rules; consultation; enforcement; organisation's duties; provision; reckoning; salary; scale; staff regulations and rules;
Judgment 742
58th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Where a provision of the Staff Regulations is amended the Tribunal may order the organisation to apply the old text rather than the new one. Likewise, where provisions of the Staff Regulations are replaced by clauses of an international agreement, the Tribunal may order the organisation to apply the former instead of the latter. The Tribunal is therefore competent."
Keywords:
amendment to the rules; competence of tribunal; enforcement; international instrument; pension; provision; staff regulations and rules;
Judgment 741
58th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Vide Judgment 742, consideration 7.
Reference(s)
ILOAT Judgment(s): 742
Keywords:
amendment to the rules; competence of tribunal; enforcement; international instrument; pension; provision; staff regulations and rules;
Judgment 726
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
An acquired right, first, "may be a right which is laid down in a provision of the Staff Regulations or Staff Rules and which is of decisive importance to a candidate for appointment with the organisation. [...] Secondly, a right may be acquired under a provision of the contract of appointment which the parties intend should be inviolate."
Keywords:
acquired right; contract; definition; staff regulations and rules;
Judgment 703
57th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
According to the inter-organization agreement on secondment, "while retaining his rights in the 'releasing' organisation, the staff member shall be subject to the Staff Regulations and Rules of the 'receiving' organisation."
Keywords:
applicable law; inter-agency agreement; secondment; staff regulations and rules;
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 674
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant makes unsound objections to the application of guidelines presently in force. An official has no right to demand that rules in force at the time of joining the organisation not be amended. The Tribunal sees no evidence of breach of the principle of equal treatment, as claimed by the complaint. The reason why officials recruited at A.3 and those recruited at A.2 and promoted to A.3 do not fall under the same rule is that their factual positions are not the same.
Keywords:
acquired right; amendment to the rules; equal treatment; promotion; provision; staff regulations and rules; terms of appointment;
Judgment 669
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The general decision impugned* in this case puts no exact figure on the entitlement of the staff members concerned. That will be determined only when the administration comes to take individual decisions in pursuance of the general decision, viz. the Council's approval of the new text of [the] Article".
(*) amending a provision in the Service Regulations on benefits payable in the event of invalidity.
Keywords:
amendment to the rules; competence of tribunal; general decision; individual decision; invalidity; provision; receivability of the complaint; staff regulations and rules;
Judgment 660
56th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The Staff Regulations provide for two internal means of redress: a 'request' that the Director General take a decision and a 'complaint' against an act adversely affecting the staff member. As the Tribunal held in Judgment No. 398, any application challenging a decision must be treated as a 'complaint'.
Reference(s)
ILOAT Judgment(s): 398
Keywords:
formal requirements; internal appeal; receivability of the complaint; staff regulations and rules;
Judgment 659
56th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Vide Judgment 660, consideration 1, paragraph 2.
Reference(s)
ILOAT Judgment(s): 660
Keywords:
formal requirements; internal appeal; receivability of the complaint; staff regulations and rules;
Judgment 630
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Only where the staff member's behaviour makes the situation intolerable may the administration contemplate giving him no work at all, and the decision will still be subject to judicial review. The same is true where a staff member commits gross misconduct, but for that provision is made in the staff regulations in the form of suspension with pay pending administrative investigation."
Keywords:
conduct; inquiry; investigation; judicial review; refusal to assign work; serious misconduct; staff regulations and rules; suspension;
Consideration 7
Extract:
The complainant was not given any work. The organisation refers to her frequent absences on sick leave. "If the complainant was ill the ILO was under a duty to grant her rights under the Staff Regulations."
Keywords:
applicable law; illness; organisation's duties; refusal to assign work; sick leave; staff regulations and rules;
Judgment 615
53rd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
As a matter of principle, a strike is lawful; it follows that the consequences of a strike are covered by the Staff Regulations insofar as these are not are incompatible with the work stoppage. In this case, the regulation on salary deductions due to absence is applicable, and the organisation is invited to comply with it.
Reference(s)
Organization rules reference: ARTICLE 65 OF THE EPO SERVICE REGULATIONS
Keywords:
analogy; deduction; enforcement; provision; right to strike; salary; staff regulations and rules; strike;
Judgment 608
52nd Session, 1984
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
There is a regulation which provides for the Director-General to determine the frequency of salary adjustments on the basis of variation in the rate of inflation. The Director-General chose not to exercise his discretion. "He must have proceeded upon the erroneous assumption that he was under no obligation to make any adjustment at all and so could do what he liked about the frequency." The Tribunal quashes the decision, which rests on an error of law and remits the case to the Director-General for a "new decision based on the correct interpretation" of the regulation.
Keywords:
adjustment; cost-of-living increase; discretion; enforcement; interpretation; organisation's duties; provision; salary; staff regulations and rules;
Consideration 2
Extract:
"It is the duty of the Tribunal to ascertain the intent of the regulation and, while the intent is to be found in the language used, it is not invariably to be found in a strict grammatical construction of the language used. The nature and purpose of the regulation must be considered; also its history and the manner in which it has been applied."
Keywords:
criteria; interpretation; provision; staff regulations and rules;
Judgment 605
52nd Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant had been renting a villa from the WHO at Brazzaville. The Organization terminated his lease after learning that he had a guest of his living with him without the WHO's consent. Neither the Staff Regulations nor the Staff Rules nor any other text adopted thereunder lay any obligation whatever on the WHO to provide accommodation for staff stationed at Brazzaville. The lease makes no reference to the Regulations, nor does any of its clauses allow of indirect reference to them. The complainant's expulsion had no bearing on WHO work as such. It follows that the Tribunal is not competent to hear the complaint.
Keywords:
competence of tribunal; contract; staff regulations and rules;
Judgment 598
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Where the guidelines properly modify the requirements of the Service Regulations they confer on the President an authority of his own which he exercises in the general interest and as befits the particular circumstances. [...] The wording of the guidelines is such that they cannot be treated as nothing more than standards or goals [...] They set objective and binding criteria for deciding on individual staff cases, and, while not ignoring the President's discretionary authority, the Tribunal will review the application of the rules the Council has laid down."
Keywords:
administrative instruction; amendment to the rules; binding character; competence of tribunal; discretion; enforcement; executive body; executive head; general decision; staff regulations and rules;
Judgment 597
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 598, consideration 1.
Reference(s)
ILOAT Judgment(s): 598
Keywords:
administrative instruction; amendment to the rules; binding character; competence of tribunal; discretion; enforcement; executive body; executive head; general decision; staff regulations and rules;
Judgment 596
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The rules on reckoning seniority are not among those intended to be inviolate. They do not have any far-reaching effect on the complainant's advancement. [...] Provisions on the conditions of promotion do not create acquired rights for an official, they are subject to amendment, and the staff member may expect them to be amended."
Keywords:
acquired right; amendment to the rules; promotion; provision; seniority; 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 >
|
