Enforcement (236,-666)
You searched for:
Keywords: Enforcement
Total judgments found: 208
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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 740
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Council's 'guidelines', inasmuch as they set objective and binding criteria and do not offer mere guidance, are binding on the President insofar as they do not allow him discretionary authority."
Keywords:
administrative instruction; binding character; decision; discretion; enforcement; executive body; executive head; general decision;
Judgment 739
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Council's 'guidelines', inasmuch as they set objective and binding criteria and do not offer mere guidance, are binding on the President insofar as they do not allow him discretionary authority."
Keywords:
administrative instruction; binding character; decision; discretion; enforcement; executive body; executive head; general decision;
Summary
Extract:
In 1984, after the President of the Office adopted new rules to take account of the Tribunal's case law, the complainant was awarded a further step in his grade and additional seniority. He is asking that the impugned decision take effect not as from 1 January 1984 as called for by the new rules but as from 1 June 1982, the date when he took up his appointment. The plea fails. The Tribunal observes that, far from discriminating, the impugned decision corrects an existing element of inequality and if there remains inequality it is due to the terms of the complainant's appointment, which were not challenged within the prescribed time limits.
Keywords:
amendment to the rules; appointment; date; effective date; enforcement; equal treatment; grade; professional experience; provision; reckoning; seniority; step;
Judgment 734
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant alleges breach of the principle of equality by a change in the rules governing the reckoning of professional experience from 1 January 1981 which is unfavourable to officials who, like himself, were recruited after that date. The Tribunal holds that the principle of equality does not require that officials appointed at different times should be treated alike.
Reference(s)
ILOAT Judgment(s): 694, 695
Keywords:
administrative instruction; amendment to the rules; appointment; date; difference; enforcement; equal treatment; professional experience; provision; reckoning; seniority;
Judgment 721
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"As regards determination of step, the Tribunal merely observes that the President has recently issued instructions which are more favourable to the staff but the EPO is refusing to apply them to former institute officials. The Tribunal sees no reason of law or equity for such discrimination and for such unfair treatment of staff members".
Keywords:
administrative instruction; amendment to the rules; enforcement; equal treatment; provision; reckoning; seniority;
Judgment 702
57th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"The Tribunal assesses the period of the notice which PAHO ought to have given as twelve months, that is, one month for every year or fraction of a year of service. This is the measure prescribed by Uruguayan labour law and it is also one which is employed in a number of other countries."
Keywords:
amount; contract; domestic law; enforcement; non-renewal of contract; notice; short-term;
Judgment 701
57th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
See Judgment 702, consideration 12.
Reference(s)
ILOAT Judgment(s): 702
Keywords:
amount; contract; domestic law; enforcement; non-renewal of contract; notice; short-term;
Judgment 667
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant "is asking the Tribunal to set aside the Council's decision, not in its entirety, but only insofar as it affects himself. [The argument fails.] Obviously to set the impugned decision aside insofar as it affects the complainant would in fact have much the same consequences as to set it aside erga omnes.
Keywords:
application for quashing; consequence; enforcement; general decision; receivability of the complaint;
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 8
Extract:
"As to the applications to intervene, the organisation does not object to them and undertakes to apply the Tribunal's judgment in this case to all members of its local staff whose position is identical to that of the complainant."
Keywords:
enforcement; intervention; judgment of the tribunal;
Judgment 607
52nd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
A memorandum from the Director-General sets the conditions for renewal a fixed-term contract on the grounds of illness. "The memorandum is [...] material evidence, even though it is not part of the Staff Regulations, and the Tribunal will hold that Director-General overlooked essential facts if he refused renewal despite the complainant's fulfilling the conditions set in the memorandum."
Keywords:
administrative instruction; contract; disregard of essential fact; enforcement; extension of contract; organisation's duties; sick leave;
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 591
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's post was left at the same level. In deciding this, the Director erred in principle: in the absence of criteria, he should have remitted the request to the appropriate unit for reconsideration after himself providing clear parameters. The International Civil Service Commission has established a job classification system. The organization has completed post descriptions in accordance with that system. Three and a half months after the impugned decision, the complainant's occupational group was classified using the ICSC system. The complainant is referred to the organization for a new assessment of his post on the basis of the ICSC system.
Keywords:
criteria; enforcement; flaw; icsc decision; no provision; post classification;
Judgment 570
51st Session, 1983
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The plea correctly regards [the national] law as a question of fact. It is not binding on the Tribunal and its relevance in this case is not an aid to the interpretation of the contract between the parties."
Reference(s)
ILOAT Judgment(s): 507, 508
Keywords:
applicable law; contract; domestic law; enforcement; interpretation; tribunal;
Judgment 550
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The internal appeal was declared irreceivable. "But a decision declaring an appeal irreceivable is just as open to challenge as a decision on the merits. And the receivability of this complaint does not turn on that of the internal appeal, and on such questions as whether the latter was submitted in time or duly brought within the scope of Staff Rules [...] The point must be settled solely by reference to the Tribunal's own Statute."
Keywords:
competence of tribunal; complaint; enforcement; iloat statute; internal appeal; receivability of the complaint;
Judgment 532
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The declaration of recognition mentioned in Article II, paragraph 5, of the Statute of the Tribunal "recognises not only the Tribunal's competence but also the applicability of its Rules of court. An organisation which makes such a declaration accepts the provisions of the Statute and the Rules of court, and any provisions in its own rule book on the receivability of complaints filed with the Tribunal are of no effect, whether they comply with the Tribunal's rules or not."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
consequence; declaration of recognition; difference; enforcement; iloat statute; precedence of rules; procedure before the tribunal; receivability of the complaint; staff regulations and rules; time limit;
Judgment 522
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
According to a staff rule, an appeals board shall advise the Director-General "when a staff member lodges an appeal against an administrative decision 'alleging that it conflicts with the terms of his appointment or with any regulation or rule'." A decision therefore which is not in conflict with the complainant's terms of appointment or with any regulation or rule is not appealable."
Keywords:
competence; contract; enforcement; internal appeals body; provision; staff regulations and rules;
Judgment 518
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
It is stipulated under a staff regulation that the organisation shall, under certain conditions, pay the fees charged by an international school, in which case the right to the education allowance established under two other regulations shall be waived. The Tribunal inferred from the reference to these two regulations that the material rule has the same scope as the other two rules, namely that it applies to primary schools but not to nursery schools or kindergartens. The complaint, which applied for reimbursement of kindergarten fees, is dismissed. [There is no breach of the principle of equality.]
Keywords:
condition; education expenses; enforcement; provision; refund; staff regulations and rules;
Judgment 513
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
To satisfy the rule on dismissal for misconduct, "it is not necessary for the organization to prove that the conduct of the staff member has actually brought the organization into public discredit. The section in which the rule appears is headed 'standards of conduct for staff members' and is concerned with the standards with which the staff member must comply irrespective of whether his non-compliance with them is or is not publicly known."
Keywords:
conduct; enforcement; organisation's reputation; provision; serious misconduct; termination of employment;
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