Staff representative (534, 535, 659,-666)
You searched for:
Keywords: Staff representative
Total judgments found: 103
< previous | 1, 2, 3, 4, 5, 6 | next >
Judgment 2672
104th Session, 2008
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
"A staff association or union is, in essence, a voluntary association of employees and/or others in a relationship pursuant to which they perform services by way of personal exertion, who have agreed together to act collectively [...] to protect and promote their industrial interests. The powers of the association may extend to the protection and promotion of the industrial interests of those who are eligible to belong to the association. Many countries require other formalities including, sometimes, registration under the relevant domestic law. Those laws cannot apply to a staff association or union the membership of which is restricted to international civil servants. However, that is not to say that no formality is necessary for the formation of a staff association or union representing international civil servants.
For the creation of a staff association or union representing international civil servants, there must, at the very least, be some means of identifying the agreement voluntarily to associate for the purpose of protecting and promoting the industrial interests of members, the terms of that agreement and the means by which it may be varied, both in relation to individual employees and the purposes or objects of the association. [...] [B]ecause it is a voluntary association, there must be an agreement as to the persons by or through whom the association acts, the means by which those persons are selected or elected, the matters in respect of which they have authority to act and the powers that they have in relation to those matters. In the absence of agreement as to each of those matters, the agreement to associate would, in accordance with general principles of law, be void for uncertainty. And to have an agreement covering those matters, there must be rules incorporated in a charter, a statute or some other document to which the members subscribe and by which they agree to be bound."
Keywords:
applicable law; collective bargaining; collective rights; effect; freedom of association; freedom of speech; general principle; staff claim; staff representative; staff union agreement; written rule;
Judgment 2649
103rd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Acting in his capacity as Chairman of the Staff Committee of the EPO's sub-office in Vienna, the complainant submitted a request to the President of the Office that the "staff salary scales mentioned in the annex to Part 2 of the Codex" be forwarded to all agencies supplying temporary personnel to the Office. The President refused to grant the request submitted to him, denying that temporary workers were entitled to remuneration equal to that of EPO staff and underlining that neither the Service Regulations nor the conditions of employment for contract staff applied to temporary workers. The EPO submits that the complainant does not have locus standi to represent temporary workers supplied to the Office. "It is well settled that members of the Staff Committee may rely on their position as such to ensure observance of the Service Regulations (see Judgments 1147 and 1897); but in order for a complaint submitted to the Tribunal on behalf of a Staff Committee to be receivable, it must allege a breach of guarantees which the Organisation is legally bound to provide to staff who are connected with the Office by an employment contract or who have permanent employee status, this being a sine qua non for the Tribunal's jurisdiction. In the absence of such a connection resting on a contract or deriving from status, the claim that the Office should forward its salary scales to agencies supplying temporary personnel - whose conditions of employment and remuneration are in any event beyond the jurisdiction of the Tribunal - cannot be entertained."
Reference(s)
ILOAT Judgment(s): 1147, 1897
Keywords:
breach; claim; communication to third party; competence of tribunal; complaint; condition; contract; enforcement; equal treatment; executive head; external collaborator; locus standi; no provision; official; organisation's duties; provision; receivability of the complaint; refusal; request by a party; right; safeguard; salary; scale; staff regulations and rules; staff representative; staff union; terms of appointment; vested competence;
Judgment 2610
102nd Session, 2007
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"While it is highly desirable that staff representatives should be allowed to participate in operations to determine their colleagues' remuneration, this can in no way affect the right of each staff member to avail himself or herself of the means of redress which are open to him or her and which constitute a fundamental safeguard for international civil servants. The ICSC is therefore mistaken in believing that it can rely on the theory of estoppel vis-à-vis the complainants by arguing that staff representatives are supposed to act on behalf of all the members of the personnel and that 'their actions should be considered as legally attributable to each and every one of the staff they represent'."
Keywords:
adjustment; general principle; icsc decision; internal appeal; official; receivability of the complaint; right of appeal; safeguard; salary; scale; staff representative;
Judgment 2589
102nd Session, 2007
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
No general principle obliges the Agency to make provision for staff members under investigation to be assisted by a staff representative when they are interviewed at this stage of the proceedings.
Keywords:
assistance during investigation; procedural rights during investigation; staff representative;
Judgment 2585
102nd Session, 2007
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"While it is true, as the Tribunal recalled in Judgment 2156, that 'elected representatives of the staff enjoy specific rights and safeguards in accordance with the general principles which govern employment relationships in international organisations and which are also generally recognised in national labour legislation', it is still up to the staff member complaining that such specific rights and safeguards have been violated to prove that fact and not merely rely on bald assertions."
Reference(s)
ILOAT Judgment(s): 2156
Keywords:
breach; burden of proof; case law; collective rights; domestic law; general principle; iloat; official; organisation; request by a party; right; safeguard; staff representative; working relations;
Judgment 2562
101st Session, 2006
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"[T]he Tribunal has consistently held that individual members of the Staff Committee must have the power to file suit as representatives of that body (Judgments 1147, 1269, 1315, 2036). The rationale is that if the Staff Committee is not able to file suit, the only way to preserve common rights and interests of staff is to allow individual officials to act as representatives (see Judgment 1315, under 8, referring to Judgment 1269, under 13)."
Reference(s)
ILOAT Judgment(s): 1147, 1269, 1315, 2036
Keywords:
case law; collective rights; grounds; official; right of appeal; staff member's interest; staff representative; staff union;
Judgment 2493
100th Session, 2006
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainants were issued a written warning on the grounds that they had participated in industrial action which management considered to be unlawful and that caused them to be absent from duty without authorisation. They contend that the Director General had no authority to decide whether the collective action was illegal. "There is no doubt that in the absence of any statutory provisions or collective agreement between the Agency and the staff representatives, it is up to the Director General to take whatever measures are necessary to prevent actions which he deems unlawful, to warn members of staff against participating in such actions and, if necessary, to lay down guidelines for the exercise of the collective rights of staff in accordance with the general principles of international civil service law. From this point of view, one cannot object to the Director General's legitimate right to take action when he, 'in the absence of an agreement with the unions', issued on 13 March 2003 - in other words, three days after the start of the industrial action - an Office Notice setting out 'General provisions applicable in the event of a strike at Eurocontrol'. Nevertheless, the general measures taken by the administration and the individual decisions taken to implement those measures must not have the effect of restricting the exercise of the collective rights of members of staff in such a way as to deprive them of all substance."
Keywords:
applicable law; collective rights; competence; condition; consequence; disciplinary measure; effect; enforcement; executive head; general decision; general principle; individual decision; information note; international civil service principles; limits; no provision; organisation's duties; provision; right to strike; staff regulations and rules; staff representative; staff union; staff union agreement; strike; unauthorised absence; warning;
Judgment 2485
100th Session, 2006
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
[A]lthough much of the work involved in relation to this complaint has been undertaken by the ILO Staff Union, there should be an award of costs in the sum of 5,000 francs.
Keywords:
costs; staff representative;
Judgment 2387
98th Session, 2005
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant serves as President of the Eurocontrol section of the European Civil Service Federation. He asks the Tribunal to quash an instruction which, he submits, causes him injury and directly affects the interests he must defend as a trade union leader. "The Tribunal finds that the complainant does not show a direct cause of action in this case which would allow him to challenge the disputed instruction, since the latter was applicable only to the staff of CFMU, a body to which he does not belong. Insofar as he pleads in his capacity as trade union leader, he would be entitled to file a complaint with the Tribunal only on the basis of his personal employment relationship with the Agency - for instance by challenging measures which concern him personally on account of his duties - but not in order to defend the collective interests of trade union members. On this point the Tribunal refers to consistent precedent (see, for instance, Judgment 1542 delivered on 11 July 1996)."
Reference(s)
ILOAT Judgment(s): 1542
Keywords:
administrative instruction; cause of action; collective rights; locus standi; staff representative;
Judgment 2228
95th Session, 2003
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The Staff Committee, which is a statutory body of the organisation, made the facilities derived from its access to the organisation's internal electronic mail system available to the Staff Union. Its access to the system was withdrawn. "The organisation [submits that] the facilities offered to the Staff Committee cannot be made available to the Staff Union without creating confusion with regard to the attribution of roles and responsibilities, even if those in charge of one of these bodies are also, or may be, in charge of the other. This does not mean to say that the unions should not be provided with certain facilities by the organisations. On the contrary, their freedom of expression should not be hampered, as indicated by the Tribunal in Judgment 1547, [...] and unions must clearly be provided with sufficient facilities, within the framework of negotiated agreements or, if need be, administrative regulations, to enable them to carry on their activities. It is legitimate, however, for the organisation to ensure that the facilities made available to a body officially representing the staff as a whole are not misused for the benefit of a union, or any other body having its own assets and representing only part of the staff."
Reference(s)
ILOAT Judgment(s): 1547
Keywords:
administrative instruction; case law; collective bargaining; facilities; freedom of speech; grounds; liability; limits; organisation's duties; purpose; refusal; staff representative; staff union; staff union activity; staff union agreement; written rule;
Judgment 2227
95th Session, 2003
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was informed by a letter of 22 December 1999 that the administration reserved the right to approve the photocopying and distribution of circulars issued by staff representatives. "The Tribunal recalled, in Judgment 911 [...], that a staff association enjoys broad freedom of speech and the right to take to task the administration of the organisation whose employees it represents, but that like any other freedom such freedom has its bounds. thus any action that impairs the dignity of the international civil service, and likewise gross abuse of freedom of speech, are inadmissible. But the prevention of such abuse cannot give the administration a power of prior censorship over the communication of written information produced by the groups and associations concerned. Herein lies the problem in this case: the Office considers it has a general right to authorise, which it maintains it uses only with moderation, but the limits of such authorisation are by no means clear. The Tribunal cannot set aside a general decision on the grounds that it does not offer the guarantees that are in any case available to staff members on the basis of the general principles of international civil service law, as established and interpreted by the Tribunal and other international administrative tribunals. These principles confine the administration's scope of action to cases where there is gross abuse of the right to freedom of expression or lack of protection of the individual interests of persons affected by remarks that are ill-intentioned, defamatory or which concern their private lives. And it is in the light of these principles that the letter of 22 December 1999 [...] should be interpreted. a refusal to grant an authorisation may be regarded as lawful only if it complies with the above principles."
Reference(s)
ILOAT Judgment(s): 911
Keywords:
acceptance; case law; collective rights; exception; freedom of speech; general decision; general principle; iloat; international civil service principles; interpretation; judicial review; limits; official; organisation; outside activity; publication; refusal; respect for dignity; right; safeguard; staff member's interest; staff representative; staff union; staff union activity; tribunal;
Judgment 2156
93rd Session, 2002
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The general principles which govern employment relationships in international organisations and which are also generally recognised in national labour legislation" recognise "that elected representatives of the staff enjoy specific rights and safeguards".
Keywords:
domestic law; general principle; international civil service principles; right; safeguard; staff representative;
Judgment 2079
92nd Session, 2002
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant, who was only fit to work 75 per cent of normal hours, was able to work only as a staff representative. Such activities were restricted to 50 per cent of normal working hours but he nevertheless "request[ed] to work at 75 per cent on staff committee duties [which] was in fact a request to devote 100 per cent of office time to that function. As such it was manifestly inadmissible."
Keywords:
complainant; limits; medical fitness; part-time employment; refusal; request by a party; staff representative; staff union; staff union activity;
Judgment 2069
91st Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant, whose duty station is The Hague, assisted a colleague at an appeals committee hearing in Berlin, as allowed by the Service Regulations. He asks for an additional day's leave to compensate for the day's leave he had to take to go to Berlin. "Neither the texts cited, nor the defendant's arguments, nor the circumstances of the case afford proper grounds for the assertion that the complainant had to deduct a day from his annual leave in order to assent to his colleague's request for assistance."
Keywords:
annual leave; compensatory leave; duty station; internal appeals body; procedure before the tribunal; request by a party; staff regulations and rules; staff representative; written rule;
Judgment 1912
88th Session, 2000
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The organisation amended the Staff Regulations. The text adopted by the Council was a simplified version of the text that had been submitted for the opinion of a committee having staff representatives. The organisation maintains that the Chairman of the Staff Association indicated that the opposition to the text on the grounds of principle was unlikely to be removed by the simplified text and that another meeting of the Committee would be useless. "The fact that the Chairman of the Staff Association has made his position known does not mean that there is no need to consult an official body, made up of representatives of the administration and the staff who are entitled to make their views known quite independently and whose opinions can develop in the course of a discussion."
Keywords:
advisory body; advisory opinion; amendment to the rules; organisation's duties; staff regulations and rules; staff representative; staff union;
Judgment 1896
88th Session, 2000
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(b)
Extract:
The complainants contest the Administrative Council's decision refusing to allow a staff representative on the Appeals Committee which can hear appeals against decisions of the Council. "Decisions of a general thrust relating to the attributions of power can be challenged forthwith, without having to wait until the body, whose composition is contested, delivers an unfavourable individual decision to the appellant".
Keywords:
cause of action; composition of the internal appeals body; decision; general decision; individual decision; internal appeals body; staff representative;
Judgment 1839
86th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 16-17
Extract:
"The complainants plead that the staff representatives having withdrawn, the [Local Salary Survey Committee] was no longer competent to act and that the organization was in breach of its duty of consulting the staff either through such a body or else, in accordance with Staff Regulation 8.1, directly. [This] plea [...] must fail. Not only did the Committee and its working party both comprising staff representatives function for many months before the survey began, but the Committee did not, as the complainants make out, cease to exist after the staff representatives had withdrawn. The [organization] repeatedly invited them to take part, and their refusal to do so did not have the effect of disqualifying the Committee or invalidating its recommendations. The methodology [of the International Civil Service Commission] provides in paragraph 6 that, though it is preferable to have representatives of both management and staff take part, the technical requirements will still be met even if one side prefers not to; so that actual participation by both sides is not a requirement. Nor was there any breach of Regulation 8.1. [The Tribunal draws an analogy between this issue and the issue considered in Judgment 1565]."
Reference(s)
Organization rules reference: WHO STAFF REGULATION 8.1 PARAGRAPH 6, METHODOLOGY OF THE INTERNATIONAL CIVIL SERVICE COMMISSION
ILOAT Judgment(s): 1565
Keywords:
case law; competence; composition of the internal appeals body; consultation; delegated authority; formal requirements; icsc decision; organisation's duties; participation; qualifications; recommendation; salary; staff representative;
Judgment 1838
86th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 16-17
Extract:
"The complainants plead that the staff representatives having withdrawn, the [Local Salary Survey Committee] was no longer competent to act and that the organization was in breach of its duty of consulting the staff either through such a body or else, in accordance with Staff Regulation 8.1, directly. [This] plea [...] must fail. Not only did the Committee and its working party both comprising staff representatives function for many months before the survey began, but the Committee did not, as the complainants make out, cease to exist after the staff representatives had withdrawn. The [organization] repeatedly invited them to take part, and their refusal to do so did not have the effect of disqualifying the Committee or invalidating its recommendations. nor was there any breach of Regulation 8.1. [The Tribunal draws an analogy between this issue and the issue considered in Judgment 1565]."
Reference(s)
Organization rules reference: WHO STAFF REGULATION 8.1
ILOAT Judgment(s): 1565
Keywords:
advisory body; case law; competence; composition of the internal appeals body; consultation; delegated authority; organisation's duties; qualifications; recommendation; salary; staff representative;
Judgment 1806
86th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15-17
Extract:
The Tribunal does not support the practice of the organization of not letting employees in the personnel unit hold office on the Staff Committee in order to avoid any risk of conflict of interest. The decision to offer the complainant a post in the personnel unit should never have been attached to the condition of resigning as president of the Staff Association. "It is important both to protect the right of association and to maintain a staff association's independence."
Keywords:
condition; freedom of association; offer; organisation's duties; post; practice; staff representative; staff union; staff union activity;
Judgment 1767
85th Session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-13
Extract:
The texts provide that one member of the Selection Committee "must be the Staff Association's President or his nominee'. [...] Here the Staff Association refused to take part in the selection. Although a representative of the Association is free to take part, his refusal to do so cannot make the Committee's choice void. If that were so, the Staff Association's representative would have a veto [...]."
Keywords:
consequence; participation; refusal; right; selection board; staff representative; staff union;
< previous | 1, 2, 3, 4, 5, 6 | next >
|
