Status of complainant (57, 58, 60, 61, 62, 63, 64, 643, 682, 65, 66, 67, 68, 69,-666)
You searched for:
Keywords: Status of complainant
Total judgments found: 103
< previous | 1, 2, 3, 4, 5, 6 | next >
Judgment 900
64th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was employed by the Credit Union and became a staff member of the FAO after the Union became a part of that organization. He seeks to have his prior service with the Credit Union validated under the Pension Fund. The Tribunal holds that in the circumstances of the case "his prior service with the Union would not count except for within-grade increments. The Union was not a member of the United Nations Joint Staff Pension Fund and he had no entitlement to revalidation of his past service with the Union."
Keywords:
fund membership; pension; status of complainant; unjspf; validation of service;
Judgment 870
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"It would be in breach of an official's rights as such and a denial of his entitlements under the procedure for personal promotion to discount any of his service, including periods he may have spent on secondment to technical assistance projects. But the complainant is in a quite different case since he was not yet an official when employed on such projects."
Keywords:
equal treatment; field; general principle; headquarters official; official; personal promotion; professional experience; project personnel; promotion; status of complainant;
Judgment 803
61st Session, 1987
International Computing Centre (World Health Organization)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"According to Article II, paragraph 4, of its Statute, the Tribunal is competent to hear disputes arising out of contracts to which the organisation is a party and which provide for the competence of the Tribunal in any case of dispute with regard to their execution. The Tribunal is competent to hear this case under that provision and because the International Computing Centre, which is party to the dispute, is administered by the World Health Organization, which has recognised the Tribunal's jurisdiction."
Reference(s)
ILOAT reference: ARTICLE II(4) OF THE STATUTE
Keywords:
competence of tribunal; contract; iloat statute; status of complainant;
Judgment 702
57th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1, Summary
Extract:
The Tribunal finds that even though the complainant was never strictly speaking a staff member of the organization his link with it was more than a purely casual one. Accordingly, the organization's objection to the Tribunal's jurisdiction is overruled.
Keywords:
competence of tribunal; contract; external collaborator; ratione personae; short-term; status of complainant;
Judgment 701
57th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1, Summary
Extract:
See Judgment 702, consideration 2, summary.
Reference(s)
ILOAT Judgment(s): 702
Keywords:
competence of tribunal; contract; external collaborator; ratione personae; short-term; status of complainant;
Judgment 449
46th Session, 1981
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complaint was filed against an organisation which has recognised the Tribunal's jurisdiction but never employed the complainant as a member of its staff. Nor does the complainant allege having acceded to any of the rights of one of its officials. The complaint is summarily dismissed.
Keywords:
locus standi; non official; ratione personae; status of complainant; summary procedure;
Judgment 416
44th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Under the applicable provision, a staff member on leave is no longer performing the duties of his former post; although he continues to be an official, the rights arising from the performance of duties [remuneration, promotion, guarantee of employment] are suspended until reinstatement in employment. According to the letter and spirit of the provision, the organisation "may use the vacant post to suit its own interests".
Keywords:
compassionate leave; consequence; special leave; status of complainant;
Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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;
Consideration 5
Extract:
The complainant addressed himself to the Director of Personnel who informed him that no procedure existed for an appeal by a person not belonging to the staff of the organization. The complainant subsequently brought the matter to the attention of the Director-General who said that the organization considered his appeal to be irreceivable because he was not a staff member. The complainant concluded that this was a final decision and that he had exhausted his means of appeal. He informed the organization that he intended to file a complaint with the Tribunal. The organization did not reply. The organization thus led the complainant to believe that an appeal would be pointless and the organization cannot now be heard to object that it was not made.
Keywords:
contract; direct appeal to tribunal; good faith; internal remedies exhausted; locus standi; offer; receivability of the complaint; status of complainant;
Judgment 327
39th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Up to a certain date, the complainant was employed as a contractual employee. She then became an official subject to the Staff Regulations. The second appointment was not simply an extension of the first, but must be considered "a quite separate, fixed-term appointment. In other words, she was not dismissed: her appointment was not extended."
Keywords:
amendment to the rules; contract; effect; extension of contract; status of complainant;
Judgment 319
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The rules exclude from the material benefits two categories of officials. The first consists of those who adopt the nationality of the duty station, who may be regarded as having broken their links with their country of origin. Having changed their way of living, they are no longer in need of the special benefits. The other category is made up of local officials who give up the nationality of the duty station. They do not thereby change their way of living and so are not qualified for benefits framed for those who are moving from one country to another.
Keywords:
amendment to the rules; consequence; local status; nationality; non-local status; status of complainant;
Consideration 3
Extract:
FAO Manual Section 311.112 provides for the possibility of a staff member's status at the time of recruitment to be modified at a later stage. In context this "is an introductory provision or recital to be distinguished from an operative rule; it is informative and not normative. This is shown also by its language. It neither itself requires anything to be done nor confers a power of command on any person. It is merely pointing out [...] that a change of status may be caused by a number of factors [...]."
Reference(s)
Organization rules reference: PARAGRAPH 311.112 FAO MANUAL
Keywords:
amendment to the rules; condition; criteria; local status; non-local status; provision; staff regulations and rules; status of complainant;
Consideration 3
Extract:
The text cited "is merely pointing out [...] that a change of status may be caused by a number of factors which it specifies and of which a change of nationality is one. It does not mean that every rule dealing with a change of nationality has to be interpreted, even if contrary to its express words, to effect a change of status."
Keywords:
amendment to the rules; consequence; local status; nationality; non-local status; status of complainant;
Judgment 231
32nd Session, 1974
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant was seconded by NORAD to GATT, an organisation which has recognised the competence of the Tribunal. He did not conclude a contract of appointment with GATT and was not subject to its Staff Regulations. His contract merely stated that he was subject to the latter organisation's working conditions.
Keywords:
competence of tribunal; consequence; contract; locus standi; non official; right of appeal; secondment; staff regulations and rules; status of complainant;
Judgment 171
25th Session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complaint, filed by a former official of IAEA and FAO, is directed against the ILO, an organisation in which he has never served. "Such a complaint is not one which the Administrative Tribunal is competent to hear under the provisions of article ii of its sSatute."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
competence of tribunal; locus standi; non official; receivability of the complaint; status of complainant;
Judgment 137
22nd Session, 1969
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant holds a contract with a distinct administrative body and is subject to its Staff Regulations. Although that body has established close links with another organization which has recognised the competence of the Tribunal, and although its office serves in particular as the latter's regional office, it is nonetheless an independent body with its own staff under its sole authority. In the absence of any agreement on this point with the organization, the jurisdictional guarantees do not apply.
Keywords:
competence of tribunal; locus standi; status of complainant;
Considerations
Extract:
While maintaining links with an organisation having recognised the competence of the Tribunal, the complainant's employer is an independent body. The Tribunal has no jurisdiction. "In view of the reasonable doubts that the complainant may have had on the question of jurisdiction, the Tribunal, which itself ordered additional measures of investigation, considers it equitable, in spite of the dismissal of the complaint, to award him costs ".
Keywords:
competence of tribunal; costs; locus standi; status of complainant;
Consideration 2
Extract:
"The Tribunal recognises that as a result of holding that it lacks jurisdiction the complainant is thereby regrettably deprived of any means of judicial redress against the injury sustained as a result of the alleged breach of his contract. However, the Tribunal, being a court of limited jurisdiction, is bound to apply the mandatory provisions governing its competence, and it is for the organisation concerned itself to determine whether it is desirable to provide its employees with a safeguard which is enjoyed by the great majority of international officials at the present time."
Keywords:
competence of tribunal; locus standi; right of appeal; safeguard; status of complainant; vested competence;
Judgment 122
20th Session, 1968
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Staff Regulations are, as a whole, applicable only to those categories of persons expressly specified therein. However, some of their provisions are merely the translation into written form of general principles applicable to any employees having any link other than a purely casual one with the organisation. These principles may not lawfully be ignored in individual contracts. "This applies in particular to the principle that any employee is entitled in the event of a dispute with his employer to the safeguard of some appeals procedure."
Keywords:
contract; enforcement; general principle; law of contract; locus standi; right of appeal; safeguard; status of complainant;
Judgment 117
19th Session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
If the signatory to the contract of employment had authority from the organization, the complainant could be held to be employed by the organization. "Authority is a clear and precise legal conception and if it cannot be found to exist it is not permissible to take refuge in imprecise expressions, such as that the credit union [which employs the complainant] was a body "within the framework of [the organization]". Accordingly, the complainant not being employed by [the organization], and so not one of its staff members, the Tribunal lacks jurisdiction".
Keywords:
competence of tribunal; contract; delegated authority; locus standi; non official; receivability of the complaint; right of appeal; status of complainant;
Judgment 80
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The Staff Regulations of the organisation and the regulations for its staff superannuation and benevolent funds expressly recognise the Tribunal's competence. "Since the present complaint emanates from a former official of [the organisation] and concerns the settlement of her pension rights, the Tribunal is competent to hear it."
Keywords:
competence of tribunal; locus standi; pension; pension entitlements; receivability of the complaint; retirement; status of complainant;
Judgment 75
12th Session, 1964
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant's status must be regarded as purely contractual. "It is of little account that the [...] contract describes the complainant as a medical officer. This title relates solely to the nature of the work to be performed by the complainant, but does not affect his legal status. On the contrary, his legal status is defined [in the contract] which stipulates that "the present contract does not confer upon the holder the title of official of the [...] organization." [The Tribunal is not competent].
Keywords:
competence of tribunal; contract; locus standi; non official; receivability of the complaint; right of appeal; status of complainant;
Consideration 3
Extract:
"Not only is the legal status of the complainant of an exclusively contractual nature, but the contract concluded by him is of a very special character [...]. Whatever his obligations may have been towards the organization, the complainant was expressly stated to be responsible to the government [...]. In view of the complainant's legal status [...], his complaint does not fall within the definition of those which the Tribunal is competent to hear in pursuance of [...] Article II, paragraph 5, of its Statute. The Tribunal is therefore not competent to hear it."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; contract; locus standi; member state; staff member's duties; status of complainant;
Judgment 71
12th Session, 1964
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"It results from an examination of the correspondence exchanged between the organization and the complainant that no legal relationship whatsoever was ever established between [the complainant and the organization]; that consequently, the complainant cannot be considered as an official of the organization in the sense of [...] Article II, paragraph 6, [of the Statute of the Tribunal]; and that, therefore, his complaint is not receivable."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 6, OF THE STATUTE
Keywords:
candidate; competence of tribunal; external candidate; locus standi; receivability of the complaint; right of appeal; status of complainant;
Judgment 68
12th Session, 1964
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainant does not supply any shred of proof of the existence of the contract of employment which he alleges was concluded verbally between him and [the organization]." The Co-ordination Committee for International Voluntary Work Camps is a non-governmental organization and is not a service of [the organization]. Neither the fact of maintaining consultative relations with the organization nor the fact of executing tasks and of submitting reports in return for a fee paid by the organization has the effect of conferring on the agents of the Committee the status of employees of the organization. The complaint is irreceivable.
Keywords:
burden of proof; competence of tribunal; contract; evidence; lack of evidence; locus standi; non official; receivability of the complaint; right of appeal; status of complainant;
Judgment 67
11th Session, 1962
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was recruited for a conference; her contract stipulated that she would not be considered as a member of the staff. Following a serious accident which she suffered whilst in the service of the organization, she requested that the latter pay her the amount of the indemnity offered to her in compensation for her permanent incapacity, under the individual insurance policy. The Tribunal considers the complainant as a purely casual employee and that it lacks jurisdiction.
Keywords:
competence of tribunal; external collaborator; locus standi; ratione personae; right of appeal; status of complainant;
< previous | 1, 2, 3, 4, 5, 6 | next >
|
