Competence (84, 822, 823,-666)
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Keywords: Competence
Total judgments found: 108
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Judgment 1644
83rd Session, 1997
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9 and 11-12
Extract:
The UPAEP recruited the complainant in 1969. She was seconded to the STES at the International Bureau from 1 June 1974 to 18 December 1976 and from 16 December 1989 to 31 December 1992 and while there was covered by the UPU Staff Rules and Regulations. But, being a member of the UPAEP's translation service in Montevideo, she had the status of a staff member of its General Secretariat, and it is not an international organisation that has recognised the Tribunal's jurisdiction.
[...]
Several judgments do affirm the Tribunal's competence to entertain complaints from staff members of the UPU's translation services. Judgment 122 [...] ruled that the Tribunal was competent to entertain a complaint from a translator appointed by the UPU to the English Translation Service on a six-month contract that was twice renewed. The Tribunal held that, the Director-General of the Union having accepted its jurisdiction, this acceptance was also binding as regards the language groups since it was a service within the framework of the UPU. But that ruling does not apply here. Translation into English was done by a permanent central service of the International Bureau and by analogy its staff had the same status as the employees of the Union. Likewise, Judgments 868 [...], 1013 [...] and 1043 [...] were about cases in which a translator from the Arab Language Group was challenging dismissal. The Tribunal said that the language groups "lack legal personality of their own" and that the UPU's recognition of its jurisdiction held good "for the Arab and other language groups of the Union as well" and that it was competent because the complainant was a staff member of the UPU and was guaranteed the same status as the employees of the International Bureau. This case is quite different. The complainant is a staff member not of the UPU but of the UPAEP. She had the status of a staff member of the International Bureau only while on secondment to Bern. The case law she cites is irrelevant to a dispute with an international organisation that has not recognised the Tribunal's jurisdiction.
So she cannot succeed in her plea -- which she may plead before a domestic court -- that refusal to entertain her case would be denial of due process and contrary to general principles, to the Universal Declaration of Human Rights and to the American Convention on Human Rights of 22 November 1969. However valid the principle she cites -- that an employee of an international organisation is entitled to the safeguard of an impartial ruling by an international tribunal on any dispute with the employer -- the Tribunal cannot but declare that it is not competent.
Keywords:
competence; ratione personae;
Judgment 1509
81st Session, 1996
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"The Tribunal's competence is determined by the provisions of its Statute. Neither the ruling by the Joint Appeals bBoard on its own competence nor the Director-General's endorsement or acquiescence can give the Tribunal jurisdiction which its Statute does not."
Reference(s)
ILOAT reference: ARTICLE II OFTHE STATUTE
Keywords:
competence; competence of tribunal; executive head; iloat statute; internal appeals body; recommendation;
Judgment 1451
79th Session, 1995
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 28
Extract:
"[Certain] conclusions may be drawn from [...] considerations of comparative law. Jurisdiction is conferred where there are significant connections with a particular forum; recourse to a specific system of law is one such connection; there may be more than one forum which has jurisdiction; the connections are to be assessed against the interests of both parties to the litigation and against the public interest as well; and any conflict of jurisdiction must invariably be so resolved as to allow no judicial void where conflicting jurisdictions decline competence."
Keywords:
applicable law; competence; domestic law; general principle; municipal court;
Consideration 30
Extract:
"The reinstatement of the status quo by the quashing of the decision [to amend the rules of the provident fund so as to confer sole jurisdiction on a national tribunal] restores a situation which is quite consistent with the requirement of rational division of jurisdiction in the international context. Each of the jurisdictions that may be competent - the [national] tribunal and this Tribunal - will be able to determine its own competence according to the material rules on conflict. That was what the Tribunal held in Judgment 1258 on a case in which there was similar conflict of jurisdiction: it said under 4 that it was for each court to rule on its own competence."
Reference(s)
ILOAT Judgment(s): 1258
Keywords:
applicable law; case law; competence; competence of tribunal; domestic law; general principle; municipal court;
Consideration 27
Extract:
"In this case there are close enough connections with both municipal and international law to warrant recognition of both jurisdictions, each for different issues. A staff member may therefore go to whatever tribunal he deems competent, and any tribunal with which suit is filed will determine whether the material issues of the particular case make it the most suitable jurisdiction. Such is the universally acknowledged doctrine of the forum conveniens".
Keywords:
competence; competence of tribunal; municipal court; tribunal;
Judgment 1355
77th Session, 1994
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Qualifications being comparable, it was lawful for the Union to apply the test of seniority" when picking a candidate for promotion.
Keywords:
candidate; competence; criteria; discretion; judicial review; promotion; seniority;
Judgment 1330
76th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainants regard as a breach of their acquired rights an amendment to the Staff Regulations whose effect is to confer on the United Nations Administrative Tribunal competence for disputes concerning the reckoning of pensionable remuneration. But the Tribunal "cannot treat an amendment to the rules on competence as 'loss of an essential legal safeguard'. After all, with the new text competence goes to an independent and impartial international administrative tribunal."
Keywords:
acquired right; amendment to the rules; competence; competence of tribunal; pension; pensionable remuneration; right of appeal; safeguard; staff regulations and rules; unat;
Judgment 1290
75th Session, 1993
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
See Judgment 1184, consideration 2.
Reference(s)
ILOAT Judgment(s): 1184
Keywords:
competence; decision; decision-maker; delegated authority; executive head;
Judgment 1281
75th Session, 1993
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"According to the case law the grading of posts is a matter within the discretion of the executive head of an international organisation. So the Tribunal will not interfere with the decision impugned in this case unless it was taken without authority or shows some procedural or formal flaw or a mistake of fact or of law, or overlooks some material fact, or is an abuse of authority, or draws a clearly mistaken conclusion from the facts. Moreover, the Tribunal will not substitute its own assessment of the facts for the Secretary-General's."
Keywords:
abuse of power; case law; competence; decision-maker; discretion; disregard of essential fact; executive head; flaw; formal flaw; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; post classification; procedural flaw;
Judgment 1278
75th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"In Judgment 782 [...] the Tribunal stated the circumstances in which it would enforce a promise by an international organisation to a staff member. The promise must be substantive, i.e. to act, or not to act, or to allow; it must come from someone who is competent or deemed competent to make it; the breach of it must cause injury to the person who relies on it; and the position in law must not have altered between the date of the promise and the date at which fulfilment is due. It does not matter what form the promise takes: it may be written or oral, express or implied."
Reference(s)
ILOAT Judgment(s): 782
Keywords:
case law; competence; condition; decision-maker; duty of care; good faith; organisation's duties; promise;
Judgment 1273
75th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"A decision not to renew an appointment, though discretionary, must be taken for proper reasons that are notified to the staff member. It will be unlawful if it was not taken by the competent authority and in line with the set rules of procedure, if there was a mistake of law or of fact or abuse of authority, or if some clearly mistaken conclusion was drawn from the evidence."
Keywords:
abuse of power; competence; contract; decision; decision-maker; discretion; due process; duty to substantiate decision; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; non-renewal of contract; organisation's duties;
Judgment 1217
74th Session, 1993
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6, Summary
Extract:
The complainant pleads that the impugned decision is unlawful because the Director of Administration had no authority to take it; the Director-General himself should have signed it, he argues. The plea fails. It is plain on the evidence that the decision gave effect to the Director-General's wishes. That is born out by the complainant's putting the matter to the Director-General after he got the impugned decision and by the Director-General's making plain that the decision by the Director of Administration squared with his own views on the matter.
Keywords:
competence; decision; decision-maker; procedural flaw;
Judgment 1172
73rd Session, 1992
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The complainant argues that the decision was ultra vires and, that being so, there is no time bar. He is mistaken. Lack of authority may be a reason for quashing a decision, but is not a reason for treating it as null and void. Provided that a text purports to be a decision, whoever may have taken it, it is challengeable in accordance with the set procedure."
Keywords:
competence; decision; decision-maker; procedure before the tribunal; time bar;
Judgment 1151
72nd Session, 1992
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"According to consistent precedent, a decision to appoint or promote a staff member, even though it is a matter of discretion, may be set aside, and one flaw that will be fatal is that it was taken without authority."
Keywords:
appointment; case law; competence; decision; decision-maker; discretion; judicial review; promotion;
Judgment 1131
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal observes that UNESCO's decision to separate the complainant from service after it abolished his post was flawed by the Organization's failure to abide by the rules in Circular No. 1583. The report of the Joint Co-Operation Committee, which was to make a recommendation on the case, gives no evidence of any discussion of the administration's proposals concerning the complainant. What is more, the proposal to freeze his post did not come from the competent authority. A redeployment proposal was rejected without having been discussed or put to the Director-General as required by the circular. As the complainant is not seeking reinstatement, the Tribunal grants him redress for material injury in the amount of one year's full pay.
Keywords:
abolition of post; administrative instruction; advisory body; advisory opinion; competence; consultation; decision-maker; fixed-term; non-renewal of contract; organisation's duties; procedural flaw; reassignment; separation from service;
Judgment 1129
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant's post was abolished for reasons of financial stringency. According to Circular 1583 proposals to abolish a post must come from the competent Assistant Director-General. In this case the Assistant Director-General did not specifically name the complainant's post. He merely abolished the division which the complainant headed. It being impossible for the Director's post to survive after abolition of a division to direct, the allegation of a procedural flaw fails.
Reference(s)
Organization rules reference: CIRCULAR NO. 1583
Keywords:
abolition of post; administrative instruction; budgetary reasons; competence; decision-maker; procedural flaw; procedure before the tribunal; termination of employment;
Judgment 1127
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The Tribunal will not ordinarily question the competence and qualifications of those whom the Director General appoints in the exercise of his discretion to the Reports Committee, provided that the rules are complied with and the members' independence and impartiality are not in doubt."
Keywords:
advisory body; bias; competence; composition of the internal appeals body; discretion; executive head; judicial review; procedure before the tribunal;
Judgment 1090
70th Session, 1991
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
The United Nations Secretary-General and the Director-General of the FAO delegated authority to the Executive Director of the World Food Programme (WFP) to apply and interpret the FAO Staff Regulations and Staff Rules. Under Regulation 14(j) of the General Rules of the WFP any special rules the Executive Director might propose must be approved by the UN Secretary-General and the Director-General of the FAO. The complainant contends that as the provisions of the new personnel policy implemented by the Executive Director never got the required approval they are not special rules at all and do not therefore apply to him. The Tribunal holds to the contrary that Regulation 14(j) does give the provisions the force of special rules: there is no specific form their approval must take and the competent authorities have not disapproved of them.
Reference(s)
Organization rules reference: REGULATION 14(J) OF THE GENERAL RULES OF THE WORLD FOOD PROGRAMME
Keywords:
competence; decision-maker; delegated authority; formal requirements;
Judgment 1040
69th Session, 1990
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The complainant alleges that the organization made him a promise of training in [word-processing]." For the Tribunal to "enforce a promise by an international organisation to one of its employees", the conditions that have to be met include "that the promise should be substantive and [...] that it should have come from someone competent or deemed competent to make it." In the instant case the making of a substantive promise is not proven.
Keywords:
competence; condition; evidence; promise; training;
Judgment 1038
69th Session, 1990
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Director-General took his decision [not to renew the complainant's contract] in the exercise of his discretionary authority. Even though colleagues of the complainant's thought him suitable and recommended extending his appointment, the decision was not theirs to make."
Keywords:
competence; contract; discretion; executive head; fixed-term; non-renewal of contract; qualifications; work appraisal;
Judgment 990
68th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Tribunal "may not order any increase in [the complainant's] pension in redress for the breach of the regulations since the body that determines the pension is outside its jurisdiction."
Keywords:
amount; competence; competence of tribunal; flaw; pension; reckoning; unjspf;
Judgment 960
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The notice [...] that prompted her internal appeal cannot in itself afford grounds for a complaint to the Tribunal since it merely showed the amount of the benefit she would get according to the option she preferred, and that amount is determined by the United Nations Joint Staff Pension Fund. if, as the ILO maintains, that is how the notice is to be construed, the Tribunal may not review the lawfulness of the decision." However, the complainant takes a different line. The complainant's objections, based on Article 8.2 of the ILO Staff Regulations, concern not the amount of her pension, but the fact that account was taken of the new scale of pensionable remuneration which the Director-General had brought in as from 1 April 1985. Therefore, the Tribunal is competent.
Reference(s)
Organization rules reference: ARTICLE 8.2 OF THE ILO STAFF REGULATIONS
Keywords:
amount; competence; competence of tribunal; decision; pension; pension entitlements; pensionable remuneration; scale; unjspf;
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