No provision (239, 240,-666)
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Keywords: No provision
Total judgments found: 80
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Judgment 873
63rd Session, 1987
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"What the complainant challenges is a final decision against which he had no internal means of redress within the meaning of Article VII[1] of the Statute of the Tribunal, and he respected the time limit in VII[2]. His complaint is therefore receivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
decision; direct appeal to tribunal; internal appeal; internal remedies exhausted; no provision; receivability of the complaint;
Consideration 5
Extract:
"The Staff Regulations do not say what notice shall be given or how much shall be paid in compensation to the redundant staff member. [...] When his post is abolished someone with a fixed-term appointment is ordinarily entitled to notice and to fair and reasonable compensation. The amount and the manner of determining it will depend on the particular circumstances of the organisation and an assessment of the staff member's own situation and seniority and the terms of his appointment. The decision must not be discriminatory or tainted with any other flaw."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
abolition of post; amount; compensation; elements; moral injury; no provision; notice; organisation's duties; terminal entitlements;
Judgment 841
63rd Session, 1987
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The rules do not require the ESO to provide the complainant with a performance assessment on the termination of his employment either in the form he seeks or in any other. The ESO is therefore not in breach of any term of the complainant's contract of employment in failing to provide him with a performance assessment. Further, as an international organisation it is not bound by the requirements placed on employers by the laws and usage of the Federal Republic."
Reference(s)
ILOAT Judgment(s): 780, 840, 842
Keywords:
certificate of service; domestic law; formal requirements; no provision; organisation's duties; practice; work appraisal;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Order
Extract:
"The President may direct proceedings and even if not expressly so empowered may order suspension. Since a complainant may withdraw a complaint he may also apply for suspension. Such application will succeed unless the advantage to the complainant of suspending the proceedings is outweighed by the advantage to the defendant of pursuing them."
Keywords:
competence; implied powers; no provision; order; order of suspension; organisation's interest; president of the tribunal; procedure before the tribunal; request by a party; staff member's interest; withdrawal of suit;
Judgment 757
59th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was found guilty of gross negligence in the performance of his duties. The organisation confiscated the equivalent of two months' salary. The Tribunal holds that such a decision constitutes a disciplinary sanction, not a measure to allow of compensation. Only such disciplinary action may be taken which is specifically set out in the applicable provisions. Whereas such a sanction is not provided for, the decision to impose it must be quashed.
Keywords:
complainant; disciplinary measure; hidden disciplinary measure; negligence; no provision; organisation; refund; request by a party; salary;
Judgment 660
56th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In the absence of a provision which says that any decision should mention the procedure for challenging it, the organisation was not bound to indicate in its decision [...] on the internal 'complaint' the possibility of challenging it before the Tribunal. Such information would, however, have been desirable since the distinction between a 'request' and a 'complaint' under [Staff Regulations] is not obvious. in giving such information the organisation would indeed have been following the practice in other organisations."
Keywords:
decision; duty to inform; internal appeal; no provision; procedure before the tribunal; right of appeal;
Judgment 659
56th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 660, consideration 4.
Reference(s)
ILOAT Judgment(s): 660
Keywords:
decision; duty to inform; internal appeal; no provision; procedure before the tribunal; right of appeal;
Judgment 593
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Neither the Statute nor the Rules of Court provide for review of the Tribunal's judgments. Although an application for review may nevertheless be entertained, only certain pleas will be admitted. In particular, an alleged mistake of law affords no grounds for review. To allow an application for review on the grounds of the Tribunal's reasoning would be to permit anyone who was dissatisfied with a decision to question it indefinitely in disregard of the principle of res judicata."
Keywords:
application for review; exception; inadmissible grounds for review; misinterpretation of the facts; mistake of law; no provision;
Judgment 592
51st Session, 1983
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant has no right to conversion of his fixed-term contract into a permanent one. There is no provision in the Staff Regulations and Staff Rules which says that the incumbent of a permanent post should perforce have a permanent appointment.
Keywords:
amendment to the rules; contract; duration of appointment; fixed-term; no provision; permanent appointment; right;
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 566
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Even where a strike is not an abuse of right an organisation would of course be entitled to make special rules on salary deductions different from the rules on absence from duty for other reasons. But such rules must be incorporated into the Staff Regulations in accordance with the prescribed procedure [...] The executive head is not competent to adopt such rules, let alone such rules which are retroactive."
Keywords:
applicable law; deduction; no provision; non-retroactivity; right to strike; salary; staff regulations and rules; strike;
Judgment 546
50th Session, 1983
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
It was agreed that the complainant's contractual relations would cease. The agreement was closer to dismissal than to resignation, the only two possibilities under the material rules. The organisation has no discretion in the matter and could not decide what it thought was equitable. The complainant is entitled to payment of separation benefit at the prescribed dismissal rate and to interest at 5 per cent from the date on which the complaint was filed and costs.
Keywords:
agreed termination; applicable law; no provision; pension; termination of employment; withdrawal settlement;
Judgment 543
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"It is an elementary principle of the law of contract that if one party clearly and definitely refuses to honour his or her obligations, the other party is entitled to rescind the contract; and it does not matter whether or not any of the rules say so in so many words." [While expressing eagerness to continue serving the organization, the complainant refused the post assigned to her.]
Keywords:
law of contract; no provision; termination of employment;
Judgment 528
49th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Although the complainant took over eleven years to file a claim, it will not be declared time-barred in the absence of an express time limit. The time bar extinguishes obligations, and its existence will not be presumed: it must be expressly prescribed. [...] The sole consequence of the delay in lodging the claim is that proof is more difficult; but the matter is one of fact, not of law."
Keywords:
complaint; illness; invalidity; no provision; receivability of the complaint; service-incurred; time bar; time limit;
Judgment 510
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Although there is no provision in the Tribunal's Statute or Rules of court for an application for the review of its judgments, such an application may be made. It will, however, be receivable only if certain conditions are fulfilled, and one is that it may not rest on facts on which the applicant might have relied years earlier. To enlarge the scope for review in that way would encourage unsuccessful complainants to make repeated attempts to get the Tribunal to review its judgments, in disregard of the principle of res judicata."
Reference(s)
ILOAT Judgment(s): 309
Keywords:
application for review; exception; no provision; res judicata;
Judgment 491
48th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal will determine the complainant's status by reference to the Staff Rules and Regulations and only where they are silent will it apply the general principles governing international public service. There is no ambiguity about the texts in point in this case."
Keywords:
applicable law; enforcement; international civil service principles; no provision; staff regulations and rules;
Judgment 490
48th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 491, consideration 3.
Reference(s)
ILOAT Judgment(s): 491
Keywords:
applicable law; enforcement; international civil service principles; no provision; staff regulations and rules;
Judgment 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Neither the Statute nor the Rules of Court provide for review of the Tribunal's judgments. Is it to be inferred that review is thereby precluded or simply left for the Tribunal itself to determine ? The Tribunal "has heard several applications for review, but has dismissed them simply by finding that there were no grounds for review. It has not yet discussed in full the scope for review of its judgments." In the present case the problem will be dealt with in part by citing the pleas which are not receivable and reserving judgment on the others.
Reference(s)
ILOAT Judgment(s): 404
Keywords:
admissible grounds for review; application for review; iloat statute; inadmissible grounds for review; judgment of the tribunal; no provision;
Judgment 429
45th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The Tribunal will consider the plea since there is a general principle of law protecting acquired rights, even in the absence of express provision."
Keywords:
acquired right; competence of tribunal; general principle; no provision;
Judgment 421
45th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3 and 7
Extract:
the staff regulations make no special provisions about the way in which a decision not to renew a contract is to be taken. the director-general had set up a working party to advise him on the matter of staff reductions. the instructions to the working party cannot in the opinion of the tribunal be read as requiring it to apply the statutory procedure appropriate to decisions concerning termination of appointment in the event of staff reductions.
Keywords:
abolition of post; contract; fixed-term; no provision; non-renewal of contract; procedure before the tribunal; staff reduction;
Judgment 404
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1(D)
Extract:
No provision provides for converting an appointment of indeterminate duration into a fixed-term one. "There is neither any general principle of law nor any provision of the Staff Regulations nor any term of her contract of appointment which precludes such a change of status."
Keywords:
amendment to the rules; contract; duration of appointment; fixed-term; no provision; permanent appointment;
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