ILOAT Statute (223,-666)
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Keywords: ILOAT Statute
Total judgments found: 191
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Judgment 1096
70th Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"A complaint is receivable under Article VII(3) where the administration fails to take any decision upon the claim within sixty days of the date of notification of it. Once an organisation has accepted the Tribunal's Statute it may not derogate from Article VII(3) by dint of internal rules of its own. The only difference Eurocontrol's own Staff Regulations may make is that it is estopped from objecting to receivability when, in reliance on its own time limit, a staff member has filed a complaint that would be receivable under its Staff Regulations but out of time under Article VII." (See also Judgment 1095.)
Reference(s)
ILOAT reference: ARTICLE VII(3) OF THE STATUTE
ILOAT Judgment(s): 1095
Keywords:
complaint; consequence; difference; failure to answer claim; good faith; iloat statute; precedence of rules; receivability of the complaint; staff regulations and rules; time bar; time limit;
Judgment 1095
70th Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"A complaint is receivable under Article VII(3) where the administration fails to take any decision upon the claim within sixty days of the date of notification of it. Once an organisation has accepted the Tribunal's Statute it may not derogate from Article VII(3) by dint of internal rules of its own. The only difference Eurocontrol's own Staff Regulations may make is that it is estopped from objecting to receivability when, in reliance on its own time limit, a staff member has filed a complaint that would be receivable under its Staff Regulations but out of time under Article VII."
Reference(s)
ILOAT reference: ARTICLE VII(3) OF THE STATUTE
Keywords:
complaint; consequence; difference; failure to answer claim; good faith; iloat statute; precedence of rules; receivability of the complaint; staff regulations and rules; time bar; time limit;
Judgment 1081
70th Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The fact "that the measure under challenge affects several groups of staff and is therefore general in purport [...] does not in itself make the complaints irreceivable: decisions do not need to be individual to be challengeable before the Tribunal. As Article VII(2) of the Tribunal's Statute makes plain, a general decision too is challengeable. That article sets the time limit for filing a complaint against 'a decision affecting a class of officials', in other words a general decision. Yet that does not mean that a complaint challenging any sort of general decision will necessarily be receivable: there is also the rule in VII(1) that the internal means of redress must have been exhausted."
Reference(s)
ILOAT reference: ARTICLE VII(1) AND (2) OF THE STATUTE
Keywords:
competence of tribunal; condition; date; general decision; iloat statute; individual decision; internal remedies exhausted; receivability of the complaint; time limit;
Judgment 1052
69th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant worked in the International Labour Office as a language teacher. Though the complainant was not an ILO official, the Tribunal is competent to hear the complaint under Article II(4) of its Statute.
Reference(s)
ILOAT reference: ARTICLE II(4) OF THE STATUTE
Keywords:
competence of tribunal; contract; iloat statute; locus standi; status of complainant;
Judgment 1011
68th Session, 1990
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Article VII of the Tribunal's Statute says that a complaint shall not be receivable unless the decision impugned is a final one and such remedies as are available under the applicable Staff Regulations have been exhausted. To satisfy that requirement, which is mandatory, the staff member must duly lodge an internal appeal with the competent body within the time limit in the Staff Regulations."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
formal requirements; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff member's duties; staff regulations and rules; time limit;
Judgment 866
63rd Session, 1987
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal [...] is not competent to construe the Fund Regulations: by Article 48 the United Nations Administrative Tribunal alone may hear complaints alleging breach of those Regulations."
Reference(s)
Organization rules reference: ARTICLE 48 OF THE UNITED NATIONS JOINT STAFF PENSION FUND
Keywords:
competence; competence of tribunal; fund regulations; iloat statute; pension; remand; unat;
Judgment 865
63rd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 866, consideration 5.
Reference(s)
Organization rules reference: ARTICLE 48 OF THE UNITED NATIONS JOINT STAFF PENSION FUND
ILOAT Judgment(s): 866
Keywords:
competence; competence of tribunal; fund regulations; iloat statute; pension; remand; unat;
Judgment 864
63rd Session, 1987
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 866, consideration 5.
Reference(s)
Organization rules reference: ARTICLE 48 UNITED NATIONS JOINT STAFF PENSION FUND
ILOAT Judgment(s): 866
Keywords:
competence; competence of tribunal; fund regulations; iloat statute; pension; remand; unat;
Judgment 863
63rd Session, 1987
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 866, consideration 5.
Reference(s)
Organization rules reference: ARTICLE 48 OF THE UNITED NATIONS JOINT STAFF PENSION FUND
ILOAT Judgment(s): 866
Keywords:
competence; competence of tribunal; fund regulations; iloat statute; pension; remand; unat;
Judgment 862
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Vide Judgment 866, consideration 5.
Reference(s)
Organization rules reference: ARTICLE 48 OF THE UNITED NATIONS JOINT STAFF PENSION FUND
Keywords:
competence; competence of tribunal; fund regulations; iloat statute; pension; remand; unat;
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 661
56th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
According to Article II[6] of the Statute of the Tribunal, the Tribunal is open to four categories of complainants: "[1] present officials, [2] former officials, [3] the successors of a deceased official, and [4] those who have some right under the terms of appointment of a deceased official or under some provision of the Staff Regulations on which he could rely."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 6, OF THE STATUTE
Keywords:
competence of tribunal; iloat statute; locus standi; successor;
Judgment 646
54th Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal has such competence as is conferred on it by Article II of its Statute. Decisions under Article XII and the Annex [on submissions to the International Court of Justice for advisory opinion] fall outside the scope of its competence. In fact, although Article II, paragraph 7, empowers the Tribunal to rule on its own competence, its ruling is subject to the right of the governing body of an international organisation to seek review if it believes that the Tribunal has exceeded its jurisdiction or committed a fundamental error of procedure."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 7, AND ARTICLE XII OF THE STATUTE; ANNEX TO THE STATUTE
Keywords:
advisory opinion of icj; competence; competence of tribunal; executive body; icj; iloat statute; request by a party; vested competence;
Judgment 626
54th Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Decisions which may be challenged before the Tribunal do not have to be individual in nature. That they may also be general is plain from Article VII, paragraph 2, of the Statute of the Tribunal [...] but a complaint against a general decision will not perforce on that account be receivable. There is also the rule in Article VII(1) of the Statute that the internal means of redress must have been exhausted."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
competence of tribunal; condition; general decision; iloat statute; individual decision; internal remedies exhausted; receivability of the complaint;
Judgment 625
54th Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Vide Judgment 626, consideration 2.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
ILOAT Judgment(s): 626
Keywords:
competence of tribunal; condition; general decision; iloat statute; individual decision; internal remedies exhausted; receivability of the complaint;
Judgment 624
54th Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 626, consideration 2.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
competence of tribunal; condition; general decision; iloat statute; individual decision; internal remedies exhausted; receivability of the complaint;
Judgment 622
53rd Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal hears complaints challenging decisions which are individual acts, not complaints directed against abstract rules of general purport. That its competence is so restricted is evident in particular from Article VIII of its Statute". The Tribunal will rule on the validity of a general and abstract rule "only by way of exception, viz. when hearing a complaint which challenges an actual decision."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
competence of tribunal; exception; general decision; iloat statute; provision;
Judgment 570
51st Session, 1983
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The procedure "open to an applicant or complainant when the surrejoinder contains an irregularity or states a material fact not previously mentioned which the applicant/complainant wishes to challenge [...] is [...] to notify the registrar without any accompanying argument that he objects to the irregularity or disputes the fact, as the case may be. If then the Tribunal considers that further pleadings are necessary, the President will notify the parties in accordance with Article 9(2) of the Rules."
Reference(s)
ILOAT reference: ARTICLE 9, PARAGRAPH 2, OF THE RULES
ILOAT Judgment(s): 507, 508
Keywords:
additional written submissions; further submissions; iloat statute; procedure before the tribunal;
Judgment 556
50th Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Article 19 of the Rules of court "empowers the President to make such orders only in the interval between sessions. Thus when in session the Tribunal itself will order measures of investigation in accordance with Article 11(1) of its Rules."
Reference(s)
ILOAT reference: ARTICLES 11 AND 19 OF THE RULES
Keywords:
competence of tribunal; iloat statute; inquiry; interlocutory order; investigation; order; submissions;
Judgment 550
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The internal appeal was declared irreceivable. "But a decision declaring an appeal irreceivable is just as open to challenge as a decision on the merits. And the receivability of this complaint does not turn on that of the internal appeal, and on such questions as whether the latter was submitted in time or duly brought within the scope of Staff Rules [...] The point must be settled solely by reference to the Tribunal's own Statute."
Keywords:
competence of tribunal; complaint; enforcement; iloat statute; internal appeal; receivability of the complaint;
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