Enforcement (236,-666)
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Keywords: Enforcement
Total judgments found: 208
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Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
Vide Judgment 381, consideration 8.
Reference(s)
ILOAT Judgment(s): 381
Keywords:
collective bargaining; consultation; enforcement; organisation's duties; provision; staff regulations and rules;
Consideration 5
Extract:
It is significant that the defendant organisation has provided for the application of the United Nations Staff Rules and Regulations. "This Tribunal would therefore hesitate to depart from any interpretation which had been placed upon any regulation by the United Nations Tribunal. The fundamental question in issue cannot, however, be decided as a matter of pure interpretation." [cf. UNAT case No 225; UNAT Judgment No. 236]
Reference(s)
ILOAT Judgment(s): 236
Keywords:
case law; consequence; enforcement; iloat; interpretation; judgment of the tribunal; staff regulations and rules; unat;
Consideration 13
Extract:
The complainants must "establish that they are entitled to enforce [the] agreements as a part of their contracts of employment over which alone the Tribunal has jurisdiction."
Keywords:
burden of proof; competence of tribunal; complainant; contract; elements; enforcement; staff union agreement; terms of appointment;
Judgment 371
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"When the provisions governing the staff of an organisation are embodied in internal rules or in an international agreement, they have been adopted by the representatives of the States members of that organisation and their purpose is to govern conditions in the international civil service. Hence, by analogy, just as the Tribunal may decide not to apply a provision of the Staff Regulations in a particular case, so it may decide not to apply a clause of an international agreement."
Keywords:
competence of tribunal; enforcement; international instrument; provision;
Judgment 370
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The decision not to promote the complainant is a matter of discretion. In this case, the Tribunal notes that the Director-General did not abuse his discretionary authority. "Moreover, the effects of the decision not to promote the complainant derive from the relevant rules. However detrimental the complainant may find them, they afford no reason for promoting him."
Keywords:
discretion; enforcement; judicial review; promotion; provision; staff regulations and rules;
Judgment 369
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Tribunal is not competent to hear an application for the repeal or amendment of Staff Regulations or Rules. "The Tribunal is, however, competent to consider whether a provision of the Staff Regulations or Staff Rules applies to an individual case. It is true that it will then be determining the meaning and scope of a general and abstract provision; in doing so, however, it is merely passing preliminary judgment so that it may decide an individual case which does come within the scope of its competence."
Keywords:
application for quashing; competence of tribunal; enforcement; iloat statute; injury; judicial review; provision;
Consideration 5
Extract:
Vide Judgment 371, consideration 2.
Reference(s)
ILOAT Judgment(s): 371
Keywords:
competence of tribunal; enforcement; international instrument; provision;
Judgment 368
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 371, consideration 2.
Reference(s)
ILOAT Judgment(s): 371
Keywords:
competence of tribunal; enforcement; international instrument; provision;
Judgment 366
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainants take exception, not to the conclusion of the integration agreement, but to the application of some of its provisions. since those provisions are the same in kind as the Staff Regulations of an organisation there is no bar to the complainants' appealing to the Tribunal against the application of those provisions: according to Article II, paragraph 5, of its Statute the Tribunal hears 'complaints alleging non-observance, in substance or in form, of the terms of appointment of officials and of provisions of the Staff Regulations [...].'"
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; enforcement; international instrument; merger; provision;
Consideration 3
Extract:
"Where a provision of the Staff Regulations is amended the Tribunal may order the defendant organisation to apply the old text and not the new. So, too, when provisions of staff regulations are amended so as to comply with clauses in an international agreement(*) the Tribunal may order the application of the former rather than the latter" and is therefore competent. (*) which provides for the IPI's integration in the EPO
Keywords:
amendment to the rules; competence of tribunal; enforcement; international instrument; merger; provision; staff regulations and rules;
Judgment 365
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 366, consideration 4.
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
ILOAT Judgment(s): 366
Keywords:
competence of tribunal; enforcement; international instrument; merger; provision;
Consideration 4
Extract:
Vide Judgment 366, consideration 3.
Reference(s)
ILOAT Judgment(s): 366
Keywords:
amendment to the rules; competence of tribunal; enforcement; international instrument; merger; provision; staff regulations and rules;
Judgment 360
41st Session, 1978
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The application, by analogy, of the rules in force in the bodies of the European Communities "would be warranted only if the [...] rules [of the organisation] overlooked the point in dispute, in other words if they failed to contain a provision which had apparently been left out by omission."
Keywords:
analogy; applicable law; enforcement; exception; law of european communities; no provision; rule of another organisation; transfer of pension rights;
Judgment 351
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant was informed on 28 June that her appointment, which was to expire on 30 September, would not be extended. On 30 June she applied for prenatal and postnatal leave, expecting her confinement on 22 October. The Director saw no objection to extending her appointment to the date of expiry of her maternity leave. The complainant was prematurely confined on 9 August. As a consequence of this new fact the organization granted her postnatal leave of 12 weeks and extended her appointment to 31 October. The complainant suffered no prejudice; the organization not only committed no impropriety but correctly applied the relevant provisions of the Staff Rules.
Keywords:
contract; enforcement; extension of contract; fixed-term; maternity leave; non-renewal of contract; staff regulations and rules;
Judgment 349
40th Session, 1978
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 35
Extract:
"In appropriate cases in which a complainant has obtained relief against an organisation, it is the practice of the Tribunal to order the organisation to pay to the complainant a fixed sum in respect of his legal costs." Under a provision of the Staff Regulations, "the complainant is entitled to present a claim to the organisation and to be reimbursed any costs which he has reasonably incurred in the proceedings. It would not therefore be appropriate for the Tribunal to make any order for costs until after the complainant has exhausted his rights under the Regulation."
Keywords:
enforcement; staff regulations and rules;
Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 13-14
Extract:
There is a clause in the contract which provides that the employment may be terminated by either party upon written notice of two weeks. "The organization contends that if the appointment had been made, it could and would have terminated it by giving a fortnight's notice and accordingly that the indemnity payable to the complainant should be calculated on the loss of two weeks' employment. In the opinion of the Tribunal good faith would forbid the use of a clause of this type simply for the purpose of destroying the contract. There must be reasonable grounds to justify a premature termination."
Keywords:
contract; enforcement; good faith; notice; offer withdrawn; organisation; provision; termination of employment;
Consideration 4
Extract:
The dispute turns on whether or not a contract was concluded. "The question whether the present case is within the Staff Regulation depends on whether a person whom the organization had agreed to appoint formally as a staff member is to be deemed to be de facto a staff member within the meaning of the Regulation."
Keywords:
contract; enforcement; offer; offer withdrawn; organisation; staff regulations and rules; status of complainant;
Judgment 323
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"[T]he Council in general in its dealings with the staff acts through the Director-General to whom [...] the staff is responsible and who [...] carries out the Council's decision."
Keywords:
competence; decision; enforcement; executive head; legislative body;
Consideration 22
Extract:
It is not the case that "a decision of the Council which, when executed, will inevitably have an effect upon an official's rights, ipso facto alters those rights from the moment it is made and before it is executed. [I]t is the Director-General, not the Council, who vis-a-vis the official fixes his salary; this is so, whether or not in fixing the salary the Director-General is required to conform with decisions of the Council."
Keywords:
competence; decision; decision-maker; enforcement; executive head; general decision; legislative body; salary;
Consideration 21
Extract:
"Many of the obligations put upon the organization by the [Staff] Regulations are in general terms, leaving the organization free to choose its own method of discharging them. [...] Once it is settled, [the method] becomes, until it is altered, part of the obligation. [...] Until [a] change is made, an official is entitled to have the obligation discharged in the manner selected by the organization itself [...]."
Keywords:
amendment to the rules; discretion; enforcement; organisation's duties; practice; staff regulations and rules;
Consideration 28
Extract:
According to the organization, the modification of the salary schedule was decided by a legislative enactment of the Council. If this is true, "it means that there is no control whatever over the dealings of an executive body such as the Council with the staff of the organization [...]. Since the Director-General in his dealings with the staff is subject to the control of the Council, it means that an official's contract gives him no rights which the Council cannot nullify and in particular that he is paid his salary ex gratia and not as a matter of contract. In the opinion of the Tribunal this is not the law."
Keywords:
amendment to the rules; contract; enforcement; legislative body; right; salary; scale;
Consideration 22
Extract:
"Council decisions in staff matters are to be read as an instruction to the Director-General. It is his duty to put them into a form which clearly conveys to the official in precisely what way his rights are affected. It is the Director-General's decision which the official is entitled to have [...]."
Keywords:
decision; duty to inform; enforcement; executive body; executive head;
Judgment 322
39th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The Tribunal hears the complaints submitted to it on the basis of Staff Regulations and Staff Rules. "In reaching its decisions it construes such texts by the accepted methods of legal interpretation. It also draws upon general principles of law in so far as they may apply to the international civil service. It takes no account of municipal law, however, except insofar as such law embodies those principles."
Keywords:
applicable law; case law; domestic law; enforcement; exception; general principle; tribunal;
Judgment 297
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant argues that the Director-General was bound by the Committee's recommendation and in failing to act on it committed an error of law. According to the Staff Regulations, the Committee shall advise the Director-General; "indeed its function is purely advisory. The Tribunal is competent only to find breaches of terms of appointment and of the Staff Regulations. It cannot treat the above regulation as an exception and, passing over the law in force, regard the Appeals Committee's recommendation as mandatory."
Keywords:
advisory body; binding character; decision; enforcement; executive head; internal appeals body; recommendation;
Judgment 294
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
At issue is a new salary schedule with additional steps in the complainant's grade. "The Director-General was right in thinking that the rule could not be interpreted in a way that would equalise the effect of the change. Where he was wrong was in thinking that he had neither the power nor the duty to equalise the effect of the change by some other means consistent with the principle that the object of the salary scale is to reward length of service and experience. [...] The change [...] required some transitional provision to cover exceptional cases and it was the duty of the Director-General to make such provision."
Keywords:
amendment to the rules; enforcement; equal treatment; grade; increment; right; salary; scale; seniority; top step;
Consideration 8
Extract:
The complainant reached the highest step in her grade some years ago. An amendment was adopted introducing three new steps in her grade. She should obtain the successive increments on the date at which she fulfilled the requisite conditions. The Director-General should take steps to ensure that a) the complainant is treated as if at the time the modification was implemented she had been at step XIV for a period of five months and b) each intervener is treated in the same way, according to length of service.
Keywords:
amendment to the rules; date; effective date; enforcement; grade; increment; staff regulations and rules; top step;
Consideration 7
Extract:
"It is of course inevitable that, if a salary scale has a maximum figure, there can be no further reward for length of service after the maximum has been reached. Whether this is fair or not [...], it is the same for all."
Keywords:
enforcement; salary; scale; seniority; top step;
Judgment 292
38th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The question before the Tribunal is whether a document intended to determine how the provisions of a rule are to be applied may impose conditions not in the original rule. The Tribunal holds that it may not.
Keywords:
administrative instruction; enforcement; precedence of rules; provision; staff regulations and rules;
Consideration 22
Extract:
The instructions "take the form of a new and contradictory text; they do not make it clear what part of the old text is superseded and what part retained. [...] The fact [...] that documents were being signed indiscriminately by the Director-General and the director p. and a. strongly suggests that the formality appropriate to an amendment was not being contemplated at all. The fact that language appropriate to amendment was not being used suggests the same thing. [...] The effect of the instructions is not to amend [the] article but to apply its provisions."
Keywords:
administrative instruction; amendment to the rules; effect; enforcement; formal requirements; provision; staff regulations and rules;
Consideration 25
Extract:
" [I]t is within the power of the Director-General to lay down by means of an instruction criteria for determining what is or is not 'reasonably near', provided that in doing so he has proper regard to the nature and purpose of the [material provision]. [...] He must be guided by accessibility for school children [...] to lay down [...] that for every official [...] every school within a radius of 50 kilometers [...] is to be deemed accessible is not a proper exercise of the power. Accordingly the provision to this effect [...] is not binding upon the complainant."
Keywords:
administrative instruction; competence; condition; criteria; education expenses; enforcement; executive head; interpretation; provision; refund; staff regulations and rules;
Judgment 278
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Administrative Council "defined its position as follows: 'The provisions of the Staff Regulations and other texts relating to the staff should so far as possible match those applicable to European Communities staff.' It appears clearly from this statement, the precise purport of which is indicated by use of the term 'so far as possible', that the Administrative Council did not decide to ensure full conformity between [its Staff Regulations] and those of the European Communities, that it entered into no legal commitment in that regard and that it merely made a statement of intent which did not provide for any sanction."
Keywords:
binding character; coordinated organisations; enforcement; executive body; law of european communities; proposal; rule of another organisation; statement of intent;
Judgment 277
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The statement merely says that the Council has adopted a series of proposals the purpose of which is to bring the salary scales and related benefits in line with those applicable in the European Communities. "That is a mere statement of intent which did not imply any firm undertaking by the Institute and which consequently did not create rights upon which the staff may rely. Hence the complainant cannot rely upon that statement to support his claim to entitlement under the provisions applicable to the staff of the European Communities."
Keywords:
binding character; enforcement; executive body; law of european communities; pension; proposal; right; rule of another organisation; salary; statement of intent;
Judgment 275
36th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Tribunal notes that the decisions of the Director-General were not promotions but reclassifications following the entry into force of the new Staff Regulations. These reclassifications "having been delayed for reasons for which the staff members are not responsible should be put into effect at the date on which the complainants took up their duties but, like the Staff Regulations themselves, not before 1 January 1971".
Keywords:
amendment to the rules; date; decision; delay; effective date; enforcement; post classification; provision; staff regulations and rules;
Judgment 274
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The elections were postponed by the Election and Referendum Committee following an intervention by the Director-General. "Whatever may be the power under the Staff Regulations, the Statutes, which are the [...] Committee's only source of authority, required quite clearly that the election should be held in January. The Committee may have believed that the Director-General's prerogative enabled him to dispense them from observance of the Statutes, but they cannot [...] have supposed that their action would not meet with criticism and even indignation."
Keywords:
amendment to the rules; competence; date; election; enforcement; executive head; provision; staff regulations and rules; staff representative;
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