Judgment No. 381

• Organization: World Health Organization (WHO)
• Date: 18.06.1979
• Original: English
• Judges: Letourneur, Grisel, Devlin
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINTS AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.

Consideration 1

Extract:

See Judgment 382, consideration 1.

Reference(s)

ILOAT Judgment(s): 382

Keywords

competence of tribunal; interpretation; staff union agreement; effect

Consideration 3

Extract:

See Judgment 382, consideration 3.

Reference(s)

ILOAT Judgment(s): 382

Keywords

claim; competence of tribunal

Consideration 6

Extract:

The obligation put upon an employer to negotiate changes in salary may be a condition of the contract of employment, but it would have to be specifically expressed in the individual contract or very clearly implied. "Merely because the term is contained in a collective agreement, it cannot be deemed ipso facto to be incorporated in the individual contracts of all those affected by the collective agreement."

Keywords

organisation's duties; amendment to the rules; provision; terms of appointment; contract; salary; collective bargaining

Consideration 8

Extract:

A provision in the Staff Rules "expressly provides that the Director-General shall consult with his staff [...]. This makes it difficult to imply a further term requiring him not merely to consult but to negotiate".

Keywords

organisation's duties; staff regulations and rules; enforcement; provision; collective bargaining; consultation