Right (635,-666)
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Keywords: Right
Total judgments found: 226
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Judgment 2004
90th Session, 2001
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"The Tribunal wishes to emphasise that there is nothing wrong in having a policy aimed at gender parity. For too long women have been subjected to discrimination in appointments to senior posts which can be proved by statistics. But this policy cannot be achieved by setting quotas and by reverse discrimination, in other words, by the appointment for particular posts of women who are less qualified than men. This is contrary to [Staff] Regulation 4.3 which provides that selection shall be without regard to race, creed or sex'. The policy can be achieved by different means [...] but the bottom line must always be that the person best qualified should be appointed."
Reference(s)
Organization rules reference: WHO STAFF REGULATION 4.3
Keywords:
appointment; candidate; competition; equal treatment; priority; qualifications; remand; right; sex discrimination;
Judgment 1977
89th Session, 2000
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant refused to avail himself of his right to respond to allegations during the internal investigations of his serious misconduct. "In these circumstances, the complainant's request for a hearing is manifestly unjustified. The complainant has offered no evidence at any stage of the proceedings against him, therefore, such a hearing could not possibly add anything to the record before the Tribunal."
Keywords:
evidence; misconduct; oral proceedings; refusal; right; right to reply; serious misconduct;
Judgment 1966
89th Session, 2000
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10 and 12
Extract:
"Even if [a] practice [of distributing internal personal mail could create] an obligation upon the Office, it should be emphasised that such an obligation could involve limits relating, for example, to the content, nature and purpose of the mail that it is requested to distribute. [The] staff members [of the organisation] do not enjoy an absolute right to have information or documents of any type distributed through the office's facilities."
Keywords:
effect; limits; organisation's duties; practice; right;
Judgment 1929
88th Session, 2000
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"It is not in the interests of the complainant to seek a ruling in law [...] when in practice he can obtain the quashing of the decision and redress."
Keywords:
claim; judgment of the tribunal; receivability of the complaint; right;
Judgment 1888
87th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Both the Regional Board and the Headquarters Board of Appeal made a specific finding that the appeals were receivable, but the Tribunal's case law establishes that notwithstanding such findings it is still open to the organization to submit the question of the receivability of the internal appeal to the Tribunal."
Reference(s)
ILOAT Judgment(s): 575
Keywords:
case law; internal appeal; internal appeals body; organisation; receivability of the complaint; recommendation; report; right;
Judgment 1800
86th Session, 1999
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The complainants' [...] plea is that the sole purpose of the change in the rules on the [post adjustment] index [decided by the ICSC] was to save money. The Tribunal need only quote the reply it gave to that argument in Judgment 1776: 'If the new method is lawful the fact that applying it saves member States money cannot in itself be a flaw.' And the evidence suggests no misuse of authority by the [ICSC], which, against the odds, tries to find from time to time objective criteria for reckoning post adjustment throughout the common system."
Reference(s)
ILOAT Judgment(s): 1776
Keywords:
abuse of power; amendment to the rules; budgetary reasons; case law; icsc decision; member state; misuse of authority; official; post adjustment; reckoning; right; salary;
Judgment 1791
86th Session, 1999
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15-16
Extract:
"The complainants contend that [...] the impugned decision was in breach of [...] their right to a steady level of pay. [...] [T]hey maintain that [...] the Organization acted in breach of the general principle of the international civil service known as Noblemaire. The Tribunal is satisfied that there was no breach here of any principle of the international civil service. [...] [T]he measure the complainants are objecting to was exceptional and limited in time. As for their right to a steady level of pay, that measure neither changed the pay scales nor had any impact whatever on terms of employment in the long term. The conclusion is that there was no breach of acquired rights."
Keywords:
acquired right; amendment to the rules; breach; exception; international civil service principles; noblemaire principle; official; provisional decision; reduction of salary; right; salary; scale; terms of appointment;
Judgment 1789
86th Session, 1999
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"[The Organisation] rejected [the complainant's application] on the grounds that he was overqualified [for the job put up for competition]. Such grounds are wrong in law. Yet they are the only ones on which the [organisation] rejected the complainant, purporting to act under R II 1.03 [of the Staff Regulations]. It thereby denied the complainant his right to apply and to have his application properly considered. There was breach of equal treatment."
Reference(s)
Organization rules reference: ARTICLE R II 1.03 OF THE STAFF REGULATIONS
Keywords:
breach; candidate; competition; criteria; discretion; equal treatment; flaw; grounds; procedure before the tribunal; right; staff regulations and rules;
Judgment 1787
86th Session, 1999
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Although the abolition of his post did demand of the Organization efforts to place him suitably and at the right grade elsewhere, he had no right to preference for any particular post, the less so since others were in the same plight. He may object to the Organization's failure to let him have the transfer he wanted, but such failure does not make it unlawful for the organization to have appointed another official to the post he had applied for, provided at least that that official was qualified."
Keywords:
abolition of post; appointment; competition; condition; equal treatment; grade; organisation's duties; post; priority; qualifications; reassignment; right;
Judgment 1775
85th Session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
According to the complainant, the way he accepted the offer of employment did form a binding contract. The Tribunal considers that "[the complainant] must show an unqualified agreement and meeting of minds between the Organization and himself on the essential terms of a contract of employment. The Tribunal is unable to read [a telex from the complainant to the Organization] as anything but a counter-offer on one of the most essential terms of the proposed contract, namely remuneration. Certainly, it cannot be said to be an unqualified acceptance and the fact that it is couched in terms of a claim of right does nothing to change its character; a potential employee does not have an automatic right to any particular grade or step and an offer which specifies one figure of salary cannot be accepted by a claim to a higher figure: see Judgment 228 [...]."
Reference(s)
ILOAT Judgment(s): 228
Keywords:
acceptance; case law; contract; grade; offer; right; salary; step;
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;
Judgment 1765
85th Session, 1998
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The International Civil Service Commission made a mistake in reckoning the multiplier used to work out the post adjustment in Geneva. "[The Organization] has the duty of checking the lawfulness of any decision by another body on which it bases its own decision. So too must it check the adequacy of action by that other body to correct any mistake it may have made, and make sure that such corrective action respects the rights of staff."
Keywords:
adjustment; breach; decision; icsc decision; organisation's duties; post adjustment; right; salary;
Judgment 1706
84th Session, 1998
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant, placed on special leave without pay following an 'agreed termination' was a candidate in an internal competition. The Organization maintains that she was no longer a staff member at the moment of recruitment. "The Tribunal [...] holds that the 'agreed termination' did not in any way restrict her rights under the Staff Rules, while she remained a staff member, to preference over an outside male candidate in any future competition where qualifications were equal."
Keywords:
agreed termination; appointment; candidate; competition; internal candidate; priority; right; sex discrimination; special leave; staff regulations and rules; unpaid leave;
Consideration 15
Extract:
"UNIDO's professed policy of increasing the number of women staff at all levels required at least that, other things being equal, it should give preference to applications from women; indeed encouraging women to apply was consistent only with their right to such preference."
Keywords:
candidate; competition; priority; right; sex discrimination;
Consideration 17
Extract:
"As for the special panel set up to deal with allegations of discrimination, neither the Joint Appeals Board nor UNIDO cites any provision of the Staff Rules which compels recourse to that panel. The complainant's failure to put her grievance to it does not make her complaint irreceivable. Where a matter is otherwise within its jurisdiction the Tribunal can and will entertain related allegations of discrimination."
Keywords:
competence of tribunal; internal appeal; internal appeals body; internal remedies exhausted; priority; receivability of the complaint; right; sex discrimination; staff member's duties; staff regulations and rules; tribunal;
Judgment 1639
83rd Session, 1997
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The Director-General took the view that since the complainant admitted misconduct there was no need to give her any opportunity of defending herself. "The defendant's argument is mistaken. Before it notified to her the decision of summary dismissal it had brought no charges against her, and she therefore had no case to answer. And once it had made the decision to dismiss her without giving her a prior hearing, it had already acted in breach of due process. [...] An international organisation must inform the staff member of any charges it is levelling against him and give him the opportunity of answering before it takes any disciplinary action: audi alteram partem is a requirement it must observe in all circumstances. [...] Even though she had admitted to the incident, she did not on that account forfeit her right to be heard, be it to make a plea in mitigation or to give her own version of the facts or to raise any other issue she wished in her own defence."
Keywords:
adversarial proceedings; complainant; disciplinary measure; duty to inform; mitigating circumstances; organisation's duties; right; right to reply; serious misconduct; summary dismissal; termination of employment;
Judgment 1500
80th Session, 1996
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Advancement under Staff Regulation 3.4 "consists in rising by steps: any staff member qualifies for it who meets the conditions of seniority and 'satisfactory service'. Personal promotion means rising in grade without any change in duties and is a benefit that the Director General may bestow at discretion. He does so only in 'exceptional circumstances' to reward someone for services of a quality higher than that ordinarily expected of the holder of the post."
Reference(s)
Organization rules reference: WIPO STAFF REGULATION 3.4
Keywords:
condition; discretion; executive head; increment; personal promotion; right; staff regulations and rules;
Judgment 1403
78th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"An entitlement that Staff Regulations or Rules provide for need not be stated in the contract of employment."
Keywords:
contract; right; staff regulations and rules;
Judgment 1388
78th Session, 1995
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"According to consistent precedent promotion is at the discretion of the organisation, which must be free to grant or withhold it in accordance with objective working requirements. It follows that any grant of promotion at the time of retirement is inherently contrary to the organisation's interests because by then there can no longer be any question of taking on the higher level of responsibility that promotion entails."
Keywords:
case law; date; discretion; effective date; organisation's interest; promotion; retirement; right; separation from service;
Judgment 1382
78th Session, 1995
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-6
Extract:
The complainant was a locally recruited official in the general service category whose appointment was terminated after the paho abolished his post. He submits that the Organization ruled out the possibility of reassignment by limiting the geographical scope of a competition. The plea fails. WHO Manual paragraph II.9.290 confers no right on general service staff to reassignment on a post outside their duty station. Staff Rule 510.1 precludes reassignment of such staff outside their duty station unless there is mutual agreement and under Rule 1310.2 all posts in the general service category are subject to local recruitment.
Reference(s)
Organization rules reference: WHO MANUAL PARAGRAPH II.9.290; PAHO STAFF RULE 510.1; PAHO STAFF RULE 1310.2
Keywords:
appointment; duty station; general service category; interpretation; local status; reassignment; right; staff regulations and rules; written rule;
Judgment 1369
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"The Tribunal must enforce the law within the full ambit of the competence its Statute vests in it. For that purpose it will apply any material rule of law, be it international or administrative or labour law or any other body of law. The only sort it will not apply is national law, save where there is express renvoi thereto in the Staff Regulations or contract of employment: see Judgment 1311 [...], under 15."
Reference(s)
ILOAT Judgment(s): 1311
Keywords:
applicable law; case law; competence of tribunal; contract; domestic law; exception; iloat statute; insurance benefits; international civil service principles; international instrument; law of contract; right; staff regulations and rules; written rule;
Consideration 16
Extract:
An international organisation is "free to choose whatever methods or means it likes - be they formal rules or contracts of employment - to define the terms of appointment of staff. But any collective agreement it does conclude becomes part of the law of the international civil service. Signing such an agreement puts it under obligations in law; a member of its staff may plead such obligations in a complaint to the Tribunal; and the Tribunal will review compliance with the letter and spirit of the agreement."
Keywords:
collective agreement; collective rights; international civil service principles; judicial review; organisation's duties; organisation's interest; right; right of appeal; staff union agreement; working conditions; written rule;
Judgment 1339
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Both the complainant and his wife are international civil servants. They work for different organisations. The complainant claimed a share of the leave for which the rules provide in the event of childbirth. "But parental leave is something to be negotiated and agreed with the employer: it may not be claimed as of right. The WHO's rules provide for the grant of maternity leave, not of paternity or parental leave, and until the latter is agreed upon or prescribed the right to it does not exist."
Keywords:
maternity leave; provision; right; staff regulations and rules;
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