ILOAT Statute (223,-666)
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Keywords: ILOAT Statute
Total judgments found: 191
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Judgment 1399
78th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The first [question] is whether the complainant may come to the Tribunal if he is no longer on the staff of CERN and that is the reason why the Director-General has declined to entertain his internal appeal. There need be no doubt about the answer. [...] The Tribunal is open to any official, 'even' - as Article II (6)(a) of the Statute puts it - 'if his employment has ceased', who lodges a complaint alleging non-observance of the terms of his contract or of the rules that apply to him."
Reference(s)
ILOAT reference: ARTICLE II (6)(A) OF THE STATUTE
Keywords:
competence of tribunal; former official; iloat statute; locus standi; ratione materiae; ratione personae; receivability of the complaint; status of complainant;
Judgment 1392
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
"The appeal procedure set forth in the Service Regulations is, to quote Article 106, an individual appeals system. Such too is the basic feature of the system of appeal embodied in Article II of the Statute of the Tribunal, though it is subject to the provision in Article VII(2) setting a special time limit for appeal against any decision affecting a 'class of officials', which runs from the date of issue. So it is only by virtue of an individual contract of employment with the organisation that someone may lodge a complaint and the complainant may not alter the nature of the suit by declaring when he files the complaint that he is doing so as a staff union representative."
Reference(s)
ILOAT reference: ARTICLE II AND ARTICLE VII(2) OF THE STATUTE
Organization rules reference: ARTICLE 106 OF THE EPO SERVICE REGULATIONS
Keywords:
competence of tribunal; complainant; complaint; general decision; iloat statute; internal appeal; locus standi; publication; receivability of the complaint; staff regulations and rules; staff representative; start of time limit; time limit; tribunal;
Judgment 1390
78th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"As for the application for a stay of proceedings, Article 10(3) of the Rules says that 'the Tribunal [...] shall rule on an application by either party for a stay of proceedings'". The Tribunal holds that no stay of proceedings is warranted in this case. Whatever changes may be made in the procedure for filling vacant posts, the complaint must be reviewed in the light of the rules in force at the material time. Once the proceedings have begun, the Tribunal is bound to reach a decision as promptly as possible and will not stay the proceedings pending possible changes in the rules."
Reference(s)
ILOAT reference: ARTICLE 10(3) OF THE RULES
Keywords:
amendment to the rules; applicable law; closure of written proceedings; competition cancelled; iloat statute; order of suspension; procedure before the tribunal; refusal; staff regulations and rules; submissions;
Judgment 1387
78th Session, 1995
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The present applications mentioned no new facts. "That being so, and having communicated the applications [...] to the defendant for information in accordance with Article 7(1) of its Rules, the Tribunal dismisses them as clearly irreceivable within the meaning of 7(2) and does not order adversarial proceedings."
Reference(s)
ILOAT reference: ARTICLE 7 OF THE RULES
Keywords:
application for review; iloat statute; inadmissible grounds for review; summary procedure;
Judgment 1380
78th Session, 1995
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant is seeking material and moral damages. The Tribunal observes that she made no such claim during the internal appeals proceedings and holds that her claim "is irreceivable under Article VII(1) of the Tribunal's Statute because she has not exhausted the internal means of appeal."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
claim; iloat statute; internal appeal; internal remedies exhausted; material damages; moral injury; new claim; receivability of the complaint;
Judgment 1379
78th Session, 1995
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant "has neither asked for review of [the impugned decision] nor lodged an internal appeal against it. So she has not exhausted the internal means of redress which were available to her, and her complaint is [...] irreceivable under Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
complaint; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint;
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;
Judgment 1344
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"It is true that Article VII(1) of the Statute provides that a complaint will not be receivable unless the complainant has exhausted such other means of resisting the decision as are open to him under the applicable Staff Regulations. But it is plain from the case law that the Tribunal construes that article to mean that when a complainant has done all that is required of him to get a final decision, yet the proceedings appear unlikely to be concluded within a reasonable time, he may appeal directly to the Tribunal".
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
ILOAT Judgment(s): 451, 499
Keywords:
absence of final decision; administrative delay; case law; complaint; direct appeal to tribunal; exception; failure to answer claim; iloat statute; implied decision; internal remedies exhausted; reasonable time; receivability of the complaint; staff regulations and rules;
Judgment 1341
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The complainant seeks an order cancelling his resignation, which the organisation accepted. [...] This claim is irreceivable because he has failed to avail himself of the internal means of redress provided under [...] the service regulations and so to satisfy the condition of receivability laid down in Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
acceptance; application for quashing; iloat statute; internal remedies exhausted; new claim; offer; receivability of the complaint; resignation; staff regulations and rules;
Judgment 1328
76th Session, 1994
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"A dispute of the kind Article II [of the Tribunal's Statute] refers to is not resolved until the Tribunal's judgment has been duly executed. So its competence is not exhausted when it passes judgment. Pending full execution the dispute remains unresolved and the Tribunal remains competent to rule on any issues that execution may raise."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
application for execution; competence of tribunal; execution of judgment; iloat statute; judgment of the tribunal;
Consideration 11
Extract:
"The Tribunal's rulings carry the authority of res judicata, save that in accordance with Article XII(1) of its Statute and the Annex thereto their validity may be challenged on referral by an organisation that has recognised its jurisdiction to the International Court of Justice on the grounds of lack of competence or a fundamental fault in the procedure followed."
Reference(s)
ILOAT reference: ARTICLE XII(1) OF THE STATUTE
Keywords:
advisory opinion of icj; application for execution; competence of tribunal; flaw; icj; iloat statute; judgment of the tribunal; procedure before the tribunal; res judicata;
Judgment 1322
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
His claim "is irreceivable under Article VII(1) of the Tribunal's Statute because he did not make it in the context of his internal appeal and has therefore failed to exhaust the internal means of redress."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
iloat statute; internal appeal; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 1318
76th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration
Extract:
"This complainant does not impugn any final decision. [It] is therefore clearly irreceivable, and the Tribunal dismisses it as such in accordance with the summary procedure provided for in Article 8(3) of the Rules of Court."
Reference(s)
ILOAT reference: ARTICLE 8(3) OF THE RULES
Keywords:
absence of final decision; complaint; iloat statute; internal remedies exhausted; receivability of the complaint; summary procedure;
Judgment 1315
76th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Vide Judgments 1147, consideration 4, and 1269, consideration 13.
Reference(s)
ILOAT Judgment(s): 1147, 1269
Keywords:
case law; collective rights; iloat statute; locus standi; right of appeal; staff regulations and rules; staff representative; staff union;
Judgment 1305
76th Session, 1994
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"The Registrar's manifold responsibilities, which go far beyond the ambit of Article 7(4) [*] of the Rules of Court, include the general task of maintaining relations between the Tribunal and the parties and the just as important task of ensuring proper compilation of records on cases lodged with the Tribunal. In performing those tasks the Registrar is empowered ex officio to take any action he deems fit to safeguard due process."
*since 1 May 1994, Article 6(2) of the Tribunal's Rules
Reference(s)
ILOAT reference: ARTICLE 6(2) OF THE RULES
Keywords:
complaint; formal requirements; iloat statute; interpretation; procedure before the tribunal; receivability of the complaint; submissions; tribunal;
Consideration 17
Extract:
In the light of article 7(4) [*] of the Rules on the procedure for correcting a complaint, the Tribunal holds that "since those who fall within the Tribunal's jurisdiction live far and wide and are free to plead their own case, it is the Registrar's particular duty to see that complaints filed with the Tribunal are correctly presented and to offer a complainant such comment or advice as he thinks proper for the correction of the papers."
*since 1 May 1994, Article 6(2) of the Tribunal's Rules
Reference(s)
ILOAT reference: ARTICLE 7(4) OF THE RULES
Keywords:
complaint; correction of complaint; formal requirements; iloat statute; interpretation; procedure before the tribunal; receivability of the complaint; submissions; tribunal;
Considerations 18-19
Extract:
The complainant is unable to provide any proof of the date on which he says he filed his complaint with the Tribunal. "The Tribunal observes that its Rules of Court are liberal in that for the purpose of reckoning the time limit Article 6(3) [*] takes the date of dispatch and thereby relieves the complainant of liability for any faulty transmittal after dispatch. "That makes it the more important to establish the date of dispatch beyond doubt in each case. [...] The complainant has failed to adduce any evidence of the dispatch of his complaint. [...] Although the Tribunal does not question the sincerity of the complainant [...] it cannot treat [his] assertions as if they were objective evidence: if it did so it would be affording an opportunity for fraudulent evasion of time limits."
*superseded by Article 4(2) of the Tribunal's Rules as in force since 1 May 1994
Keywords:
complaint; date; evidence; formal requirements; iloat statute; lack of evidence; receivability of the complaint; time bar; time limit;
Judgment 1303
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant's objection to the amount of pay he is getting rests on principles of law applicable within the United Nations family of organisations. He submits that such principles take priority over his organization's own staff rules. He wants the Tribunal to order the review of an ITU rule on pay policy. "The claim [...] must fail because the Tribunal does not have competence to make such an order."
Reference(s)
ILOAT reference: ARTICLE II(5) OF THE STATUTE
Keywords:
amendment to the rules; competence of tribunal; coordinated organisations; iloat statute; international civil service principles; salary; staff regulations and rules;
Judgment 1301
76th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant is objecting to a decision to put in her personal file several performance appraisals which she alleges were drawn up in breach of the established procedure and contained "libellous comments". The ILO says that she refused to submit any comments of her own on the reports and thereby prevented the review procedure from moving ahead. "The requirement that a complainant go through any internal procedure is not just a formality. [...] By refusing to [make] comments on the draft reports she is challenging the complainant failed to avail herself of the means at her disposal to have the reports withdrawn or altered. Her complaint is therefore irreceivable under Article VII(1) of the Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
complainant; complaint; iloat statute; internal appeal; internal remedies exhausted; performance report; rebuttal; receivability of the complaint; refusal; work appraisal;
Judgment 1287
75th Session, 1993
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The application to intervene having been filed after the Tribunal's session had started, it is "declared irreceivable under Article 17(4) of the Rules of court".
Reference(s)
ILOAT reference: ARTICLE 17(4) OF THE RULES
Keywords:
closure of written proceedings; iloat statute; intervention; refusal; request by a party;
Judgment 1277
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"According to the case law - see, for example, Judgment 435 [...] - the rule that the complainant must have exhausted the internal remedies means, first, that his complaint must rest on the same essential facts as his internal appeal and, secondly, that his claims must not be wider than those he put forward in that appeal."
Reference(s)
ILOAT Judgment(s): 435
Keywords:
case law; complaint; identical claims; identical facts; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint;
Judgment 1269
75th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"As a staff representative he was filing suit both for himself and in the common interest. Since neither the Service Regulations of the EPO nor the Statute of the Tribunal allow staff associations as such to file suit, the only way for them to safeguard their interests is for individual officials to act as their representatives in furtherance of the common rights and interests of the whole or part of the staff. In Judgment 1147 the Tribunal held, under 3 and 4, that an EPO staff member might in such circumstances act in his capacity as chairman of the Staff Committee."
Reference(s)
ILOAT Judgment(s): 1147
Keywords:
case law; iloat statute; locus standi; right of appeal; staff regulations and rules; staff representative;
Judgment 1263
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"His claim to material damages for failure to distribute [a circular] is made for the first time in this complaint and did not form the subject of prior appeal to the Director-General. It is irreceivable because he has failed to exhaust the internal means of redress."
Keywords:
claim; iloat statute; internal remedies exhausted; new claim; receivability of the complaint;
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