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No provision (239, 240,-666)
You searched for:
Keywords: No provision
Total judgments found: 80
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Judgment 403
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"What is not described in the regulations are the facilities which, because of the administration's interest in the efficient working of the staff association, it is now customary for the administration to guarantee or provide. The most important of these is permission for the chairman and other officers of the association to take 'time off' within reasonable limits for the association's work." There are others: the provision of office space, the collection of subscriptions to the association (by deduction with the member's consent of dues from pay).
Keywords:
facilities; freedom of association; no provision; practice; staff union; time off;
Judgment 400
43rd Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Neither the Statute nor the Rules of Court permit an application for review of a judgment of the Administrative Tribunal. The Tribunal may therefore declare such an application receivable only in quite exceptional circumstances, for example when new facts of decisive importance have come to light since the date of the judgment."
Reference(s)
ILOAT Judgment(s): 325
Keywords:
application for review; exception; new fact on which the party was unable to rely in the original proceedings; no provision;
Judgment 396
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Under any contract of appointment the organization, even in the absence of express provision, is bound to respect an official's dignity and reputation - in other words to beware of putting him needlessly in a difficult personal position. If the organization fails in that duty it may be ordered to pay compensation, even if there is no decision to be set aside [...] however, only for serious wrong likely to prove damaging to a staff member's career."
Keywords:
material damages; moral injury; no provision; organisation's duties; professional injury; respect for dignity;
Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The experts were not in agreement about the methodology or the salary-scale figures. "In these circumstances it would be natural for [the Director] to contact his staff association in order to ascertain their views and, if necessary, negotiate with them to reach an agreed figure. This is something which a [director] might do even if contact was not prescribed by the Staff Regulations."
Keywords:
collective bargaining; no provision; organisation's duties; reckoning; salary; scale; staff union;
Consideration 27
Extract:
The question is whether the duty of consultation for which provision is made in the statutory texts had been modified by the practice of the preceding ten years or more and expanded to embrace negotiation. "If negotiation is different from consultation, it is difficult to see how the change could be made otherwise than by an amendment made in accordance with the Staff Regulations."
Keywords:
collective bargaining; consultation; no provision; organisation's duties; practice;
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 292
38th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"A change in the conditions of remuneration is not an ordinary administrative matter; it is something which the Director-General is expected to consider and decide himself. In the absence of [words to that effect] it is not therefore to be supposed that the power to amend [rules] is one which the Director-General can delegate. [The relevant article] specifies that in individual cases the application of the Staff Regulations may be delegated, but there is no similar provision in respect of the making of general rules."
Keywords:
amendment to the rules; competence; decision-maker; delegated authority; executive head; no provision; salary; staff regulations and rules;
Consideration 18
Extract:
"In the absence of [words to that effect] it is not [...] to be supposed that the power to amend [the] rule [respecting conditions of remuneration] is one which the Director-General can delegate. [The material provision] specifies that in individual cases the application of staff regulations may be delegated, but there is no similar provision in respect of the making of general rules."
Keywords:
amendment to the rules; competence; delegated authority; no provision; provision; staff regulations and rules;
Judgment 272
36th Session, 1976
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant invites the Tribunal to rule that she was "internationally recruited" and therefore subject to the benefits provided for by the applicable provisions. The term does not appear in any of the provisions cited; no definition of the term is to be found in the dossier. "The Tribunal takes it to mean that staff whose nationality and/or residence at the time of recruitment was not that of the country in which the duty station for which they were recruited is situated."
Keywords:
appointment; definition; duty station; nationality; no provision; non-local status; residence;
Judgment 233
32nd Session, 1974
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Tribunal holds that transfers from the general services category to the professional category constitute a "promotion". Such promotions are provided for by the Regulations and are actually made. "[S]ince they are not governed by any special rule, [the general] rule [on promotions] must apply."
Keywords:
enforcement; general service category; no provision; professional category; promotion; provision; staff regulations and rules;
Judgment 215
31st Session, 1973
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"There is not, nor is there alleged to be, any term of the complainant's appointment nor any provision in any Staff Regulation which requires the organization either to grant or to extend secondments to another international organization. Accordingly, the Tribunal is not competent to examine this complaint or to consider whether or not the reason given by the organization for its refusal was well-founded."
Keywords:
competence of tribunal; extension of contract; no provision; non-renewal of contract; secondment; terms of appointment;
Judgment 208
30th Session, 1973
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"According to [a] principle which is applicable in international organisations as a general rule of law, even if not embodied in any specific text, persons who find themselves in a similar factual and legal position should be put on the same legal footing."
Keywords:
equal treatment; general principle; no provision;
Judgment 202
30th Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"That principle, [...] which would be applicable even in the absence of a specific provision, is intended to ensure that persons who are in similar circumstances in fact and in law are put on the same legal footing."
Keywords:
enforcement; equal treatment; general principle; no provision;
Judgment 179
27th Session, 1971
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Because of its purpose, which is to protect the individual against arbitrary action, [the rule on withdrawal] applies in international organisations even in [the absence] of any specific text."
Keywords:
bias; enforcement; no provision; recusal;
Judgment 92
16th Session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Applicable even when not laid out in a specific text, the right to be heard "implies that every official shall have the opportunity of consulting the documents needed to defend his legitimate interests."
Keywords:
consequence; disclosure of evidence; general principle; no provision; right to reply;
Judgment 78
13th Session, 1964
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The powers of the Director-General as regards the staff association are governed by the organization's regulations. "None of these regulations empowers the Director-General to invalidate elections held [by the association] to form its executive committee on the ground that such elections were irregular [...]. Hence, by refusing to invalidate the elections [...] the Director-General, far from violating the Staff Regulations and Rules, applied them correctly."
Keywords:
application for quashing; competence; election; executive head; flaw; no provision; refusal; staff union;
Judgment 66
11th Session, 1962
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
While "the complainant does not rely on any specific provision of the Staff Regulations and Rules, which do not specifically refer to the matter in issue, his submissions, aimed at securing recognition of rights to which he lays claim by virtue of his position as an international civil servant and relying on a violation of these rights, appertain exclusively to his statutory position in regard to the organization. Hence the complaint is amongst those which it falls to the Administrative Tribunal to entertain by virtue of Article II, paragraph 5, [of the Statute of the Tribunal]."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; no provision; proprietary rights;
Judgment 53
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In the absence of relevant provisions in the Staff Rules, the general principle of law according to which the payer is entitled to pursue the recovery against the payee of sums paid in error is applicable to the present case."
Keywords:
applicable law; general principle; no provision; recovery of overpayment;
Judgment 32
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The organization offered to submit the case of the complainant to a committee "since that committee had met in order to consider the case its recommendations should have been drawn up within the required conditions". Two of the members of the committee did not take part in all the meetings. One had not seen the report and another had signed a text which contained one of the recommendations" even in the absence of rules of procedure. These facts constitute serious irregularities surrounding the recommendations of the [...] committee."
Keywords:
advisory body; flaw; internal appeals body; no provision; procedural flaw; procedure before the tribunal;
Judgment 30
6th Session, 1957
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Tribunal already deplored in Judgment No. 11 [...] the absence of regulations laying down the conditions of employment of [...] officials [of branch offices]; [...] it is regrettable that such regulations have still not been drawn up and that consequently there are no rules of positive law" governing the matter. It does not follow that such officials should be exposed to arbitrary action by the Director-General.
Reference(s)
ILOAT Judgment(s): 11
Keywords:
competence of tribunal; discretion; field; judicial review; no provision;
Considerations
Extract:
No regulations govern the conditions of employment of officials of branch offices. The complainant, an official of a branch office, was personally appointed secretary; it was natural that he should set great store by a distinction granted to him after 25 years of service. "The decision to change the complainant's title unjustifiably modified a former decision which had been in the nature of a personal reward; the Tribunal [...] finds for the complainant, insofar only as the retention of the title of secretary is concerned".
Keywords:
amendment to the rules; field; no provision; terms of appointment; title of post;
Considerations
Extract:
In the absence of any regulations, "there are no rules of positive law governing the conditions of employment of [...] officials [of branch offices such] conditions [...] are governed by general decisions of the Director-General and rules resulting from the partial assimilation of the conditions of service [...] to those of public servants in the country where the branch office is located and, in a subsidiary way, by general principles of law and, in particular, administrative law."
Keywords:
applicable law; domestic law; field; no provision;
Judgment 14
4th Session, 1954
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The judge is bound to observe strictly the rules of law and can have recourse to equity only in the event of lack of clarity of the text or silence of the Regulations."
Keywords:
applicable law; enforcement; equity; exception; general principle; no provision;
Judgment 11
3rd Session, 1953
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"One of the fundamental tenets of all legal systems is that no court may refrain from giving judgement on the grounds that the law is silent or obscure."
Keywords:
competence of tribunal; no provision;
Considerations 1 and 3
Extract:
"The circumstances show that the two parties seem to agree implicitly that the national legislation of the place in which the [...] branch office [of the organisation] is situated should by analogy be applied in this case [...]. The Director-General has himself stated that this is the procedure normally followed in all the branch offices [...]. It is therefore necessary to enquire whether [national] legislation has been respected in this case and to bear in mind the opinion of the ad hoc Joint Committee".
Keywords:
analogy; applicable law; domestic law; enforcement; field; no provision;
Consideration 4
Extract:
It is clear from the statements of the Administration and the Special Joint Committee that "the absence of positive legal provisions concerning the employees of the branch offices would make their situation precarious and would expose them to arbitrary decisions without allowing them any right of appeal either to national tribunals or the Administrative Tribunal."
Keywords:
competence of tribunal; field; locus standi; no provision; right of appeal; status of complainant;
Consideration 6
Extract:
"[I]t is unthinkable that the International Labour Organisation, which was established to ensure the security of all wage-earners, does not desire to ensure the security of all its officials, and [...] the spirit in which the existing legislation should be interpreted is thus quite clear".
Keywords:
competence of tribunal; domestic law; interpretation; no provision; security of tenure;
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