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
Judgment 70
12th Session, 1964
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration I
Extract:
The Tribunal refers to the competence established by Article II, paragraph 1, of its Statute. "Consequently, in as far as [the complainant] submits that, in the decisions impugned [...] the Director-General has infringed various provisions of the Staff Regulations, and insofar as he prays, on account of these infringements, for the quashing of these decisions and for the organisation to be ordered to pay him compensation, the Administrative Tribunal is competent to hear his complaint."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
Keywords:
breach; competence of tribunal; provision; staff regulations and rules;
Judgment 61
10th Session, 1962
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"There is no provision in the Statute of the Tribunal empowering the latter to entertain conclusions praying for the quashing of regulations."
Keywords:
application for quashing; competence of tribunal; judicial review; provision; staff regulations and rules;
Consideration 13
Extract:
"Even where the provisions of the Staff Regulations and Rules are alone applicable, the power to modify them vested in the international organisation is governed by different legal rules according to whether the provisions concerned fall with the first or the second of the two types of provisions".
Keywords:
amendment to the rules; difference; procedure before the tribunal; provision; staff regulations and rules;
Consideration 27
Extract:
The payment of family allowances is abolished in certain cases, although the entitlement has simultaneously been extended and the rates increased. The decision-making body, "far from infringing [the complainant's] rights, merely altered the conditions for the grant of family allowances within the framework of a family welfare policy which it is entitled to establish. Moreover, the changes are in general favourable to the interests of those concerned. The complaint is therefore not justified in this respect".
Keywords:
acquired right; amendment to the rules; discretion; family allowance; provision; staff regulations and rules;
Consideration 12
Extract:
"The Staff Regulations and Rules contain two types of provisions, the nature of which differs according to the objects to which they are directed : [...] provisions which appertain to the structure and functioning of the international civil service and the benefits of an impersonal nature and subject to variation, and, on the other hand, provisions which appertain to the individual terms and conditions of an official, in consideration of which he accepted appointment."
Keywords:
difference; official; provision; staff regulations and rules; terms of appointment;
Consideration 21
Extract:
"While the adoption of the new pension scheme seriously impaired the complainant's rights, it is impossible to assess the full extent of the impairment at this stage. In particular the Tribunal does not know at what age the complainant will retire and what provisions will then be in force. Therefore the Tribunal cannot now order the [organisation] to pay compensation to the complainant or to guarantee him a particular benefit." However, it recognises the complainant's right to receive those benefits to which he would have been entitled under the old pension scheme and the right if need be to apply once more to the Tribunal.
Keywords:
acquired right; amendment to the rules; amount; consequence; injury; pension; provision; staff regulations and rules;
Consideration 18
Extract:
"Actually, it is doubtful whether, taken in isolation, these various changes seriously impaired a right that could have induced the complainant to enter the service of the [organisation], but taken in conjunction the changes did have this effect. Therefore, by making the changes applicable to the complainant, the [organisation] infringed the terms of his appointment."
Keywords:
acquired right; amendment to the rules; provision; staff regulations and rules; terms of appointment;
Consideration 13
Extract:
"International civil servants are not exclusively governed by statutory rules, such as apply to the great majority of national civil servants, which are of a different nature and afford similar guarantees by different means".
Keywords:
difference; domestic law; international civil service principles; safeguard; staff regulations and rules;
Consideration 24
Extract:
The changes in the guarantees provided in the event of abolition of post "constitute a serious infringement of the terms of appointment" of the complainant. He is therefore justified in maintaining that the Secretary-General was not entitled to declare that the material regulation was applicable to his terms of appointment.
Keywords:
abolition of post; amendment to the rules; provision; safeguard; staff regulations and rules; termination of employment; terms of appointment;
Consideration 24
Extract:
A comparison of the old and new provisions reveals "that in the event of termination owing to the abolition of the official's post the new regulations abolish all immediate right to a pension and substitute for an allowance of a stated amount, guaranteed under the former article [...] a benefit of an amount to be decided by the administrative council at its absolute discretion; these two changes constitute a serious infringement of the [complainant's] terms of appointment [...]."
Keywords:
abolition of post; acquired right; amendment to the rules; discontinuance; pension entitlements; provision; repeal; staff regulations and rules; terminal entitlements; termination of employment; terms of appointment;
Consideration 12
Extract:
The "provisions which appertain to the structure and functioning of the international civil service and [...] benefits of an impersonal nature and subject to variation [...] are statutory in character and may be modified at any time in the interest of the service, subject, nevertheless, to the principle of non-retroactivity and to such limitations as the competent authority itself may place upon its powers to modify them."
Keywords:
amendment to the rules; competence; decision-maker; non-retroactivity; organisation's interest; provision; staff regulations and rules;
Consideration 12
Extract:
"The terms of appointment of international civil servants and, in particular, those of the [organisation in question] derive both from the stipulations of a strictly individual character in their contract of appointment and from Staff Regulations and Rules, which the contract of employment by reference incorporates. Owing, inter alia, to their increasing complexity, the conditions of service mainly appear not amongst the stipulations specifically set out in the contract of appointment but in the provisions of the [...] Staff Regulations and Rules."
Keywords:
contract; official; provision; staff regulations and rules; terms of appointment;
Consideration 17
Extract:
"[The] salary increases resulted from the equating of the complainant's salary to that of officials of the United Nations with similar duties and responsibilities, and such salary increases cannot be set off against any loss which the complainant can be shown to have suffered as the result of the application to him of the new conditions of service."
Keywords:
amendment to the rules; compensatory measure; enforcement; increase; provision; reduction of salary; salary; staff regulations and rules; terms of appointment;
Judgment 55
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
As the complaint was not filed within the time limit provided for under Article VII, paragraph 2, of the Statute of the Tribunal, it is not receivable. "It is to no purpose that the complainant alleges that she was unaware of the conditions under which she had access to the Tribunal, since she had been provided with a copy of the Staff Rules of the organization, articles [...] of which make provision both for access to the Tribunal and for the availability of the Statute of the Tribunal."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE
Keywords:
complaint; duty to inform; iloat statute; receivability of the complaint; staff regulations and rules; time bar; time limit;
Judgment 51
8th Session, 1960
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Staff Regulations [...] are approved by the Council and merely promulgated by the Director-General, whereas the Staff Rules are established by him. It follows that the provisions of the Regulations prevail over those of the Rules and that hence if the entitlement to the amount of the [...] allowance [...] was [...] an acquired right within the meaning of the Regulations, it should be treated as such even though not so recognised under the Rules."
Keywords:
acquired right; allowance; precedence of rules; staff regulations and rules;
Consideration 5
Extract:
The Staff Regulations make provision for amendments to be made to them without prejudice to acquired rights. While the amount of the non-resident's allowance is not a matter of acquired rights, "the entitlement to the allowance actually paid [...] at the former rate constituted an acquired right within the meaning of [the material] Staff Regulation [...] which, under the most restrictive interpretation, has the same scope as the principle of the prohibition of retroactivity." A back-dated reduction of the amount of the allowance is unlawful.
Keywords:
acquired right; amendment to the rules; amount; non-resident allowance; non-retroactivity; provision; reduction of salary; staff regulations and rules;
Judgment 41
8th Session, 1960
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The Director-General rejected a request submitted by the complainant in March. Although in April he approved the new provisions "that would be in conformity with the claims of the complainant, [those provisions have] no retroactive effect. Therefore it cannot be applicable to the case of the complainant, on whose entitlement rulings were given in the impugned decisions of [December and March]."
Keywords:
amendment to the rules; enforcement; non-retroactivity; provision; staff regulations and rules;
Consideration 2
Extract:
A provision of the Staff Regulations lays down the principle of entitlement to sick or maternity leave and empowers the Director-General to issue rules governing the grant of such leave. On [date] "the Director-General had not yet made use of the power that had been granted to him, so that it was for the Director-General, on receipt of a request for maternity leave from [the complainant], to determine the manner in which the application would be granted."
Keywords:
amendment to the rules; condition; discretion; enforcement; maternity leave; provision; sick leave; staff regulations and rules;
Judgment 39
7th Session, 1958
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The adoption of revised salary scales together with a new classification plan [...] cannot in itself be put forward as justification for proceeding to an arbitrary and unfair treatment of officials [...]. Any such system may only be applied in the interest of the organisation and in accordance with the guarantees [set out in the Staff Regulations]; it is only where evidence has been adduced before the Tribunal to show that the organisation failed properly and fairly to observe the terms of an official's appointment and of the [...] regulations applicable that a claim would be in judgment."
Keywords:
amendment to the rules; equal treatment; grade; judicial review; post classification; provision; salary; scale; staff regulations and rules;
Judgment 33
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"While it has not been proved that performance reports should have been drawn up in connection with the complainant's participation in a competition, such performance reports should have been drawn up in any case once in each calendar year [...]. The absence of performance reports for the [material] year is a breach of [the Staff Rules] and may have been prejudicial to the complainant."
Keywords:
breach; injury; omission; performance report; provision; rating; staff regulations and rules;
Judgment 30
6th Session, 1957
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"There can be no acquired rights as regards the relative position of an official within the administrative hierarchy, nor any right to promotion, the latter being within the exclusive authority of the official's superiors".
Keywords:
acquired right; discretion; promotion; right; staff regulations and rules; supervisor;
Judgment 29
6th Session, 1957
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"In fact, the term 'acquired rights' has no other import than that, up to the date of amending the Regulations in force, there shall be no interference with the application of the said Regulations to an official and that the amended Regulations shall have no retrospective effect."
Keywords:
acquired right; amendment to the rules; definition; enforcement; non-retroactivity; provision; staff regulations and rules;
Judgment 28
6th Session, 1957
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (A)
Extract:
"The complainant wrongly alleges that english law is applicable as his national law, whereas the Tribunal is bound exclusively by the internal law of the organisation [...] as well as by general principles of law."
Keywords:
applicable law; arbitration; domestic law; enforcement; general principle; staff regulations and rules;
Judgment 19
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on competence
Extract:
Vide Judgment 18, consideration on competence.
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE ILOAT Judgment(s): 18
Keywords:
competence of tribunal; enforcement; interpretation; staff regulations and rules;
Judgment 18
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on competence
Extract:
"The question is [...] a dispute concerning the interpretation and application of the Staff Regulations and Rules of the defendant organisation [...]. By virtue of Article II, paragraph 1, of its Statute, the Tribunal is competent to hear the said dispute."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
Keywords:
competence of tribunal; enforcement; interpretation; staff regulations and rules;
Judgment 17
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on competence
Extract:
Vide Judgment 18, consideration on competence.
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE ILOAT Judgment(s): 18
Keywords:
competence of tribunal; enforcement; interpretation; staff regulations and rules;
Judgment 13
4th Session, 1954
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Director-General based his decision on the provision empowering him to dismiss at any time a probationer whose services are deemed unsatisfactory on condition that the reasons for the decision be given in writing. The internal appeals body believed that the provision on the interests of the organization afforded a further possible justification for the measure. The director confirmed the decision. "At that stage [...] a change of grounds would have vitiated the procedure".
Keywords:
amendment to the rules; discretion; duty to substantiate decision; enforcement; flaw; grounds; organisation's interest; probationary period; procedural flaw; staff regulations and rules; termination of employment; unsatisfactory service;
< 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
|