Staff Regulations and Rules (232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243,-666)
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Keywords: Staff Regulations and Rules
Total judgments found: 494
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Judgment 1608
82nd Session, 1997
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The complainant had two obligations. First, he had to observe the hierarchical channels of communication if he wanted to refer a matter to the Organisation's decision-making bodies. Secondly, Article 17 of the Regulations required him to exercise discretion in the use of information that came to his knowledge in the course of duty. Since he acted in breach of both of those obligations the reprimand was fully justified."
Reference(s)
Organization rules reference: ARTICLE 17 OF EUROCONTROL STAFF REGULATIONS
Keywords:
censure; disciplinary measure; duty of discretion; proportionality; staff member's duties; staff regulations and rules; supervisor;
Judgment 1600
82nd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"If a decision to promote is taken against the Board's advice and on the basis of considerations other than ability and the record of performance, as prescribed in Article 49(7) of the Service Regulations, then fairness and impartiality can no longer be ensured. The reasons given for the impugned decisions are inappropriate for the promotion procedure established by Article 49 and amount to denial of the equal treatment the complainants were entitled to."
Reference(s)
Organization rules reference: ARTICLE 49(7) OF THE EPO SERVICE REGULATIONS
Keywords:
criteria; equal treatment; performance report; personal file; promotion; promotion board; qualifications; safeguard; staff member's interest; staff regulations and rules;
Judgment 1564
82nd Session, 1997
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The firm case law has it that the Tribunal will not interfere with the comparison of entrants in a competition. Only when it appears that the choice of candidate may rest on some mistake of fact or law or there may have been misuse of authority will the Tribunal order the production of evidence so that it may review such comparison and will the complainant be entitled to see such evidence. In the instant case the review of the selection procedure reveals neither a breach of the Organization's Staff Regulations or other rules, nor any mistake of fact or law, nor misuse of authority."
Keywords:
abuse of power; candidate; case law; competition; confidential evidence; disclosure of evidence; discretion; due process; judicial review; limits; mistake of fact; misuse of authority; staff regulations and rules;
Judgment 1560
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant had a temporary appointment. The Staff Regulations and Rules distinguish such an appointment both from a permanent and a fixed-term one and from a traineeship and supernumerary employment. It differs in particular from a fixed-term appointment in that it is expected from the outset to be a fairly short stint, with no more than a few brief extensions, whereas the fixed-term appointment is commonly extended and may even afford the basis of a career in the Organization".
Reference(s)
Organization rules reference: UNESCO STAFF RULE 104.8
ILOAT Judgment(s): 444, 1116
Keywords:
career; contract; definition; difference; duration of appointment; fixed-term; short-term; staff regulations and rules; successive contracts;
Judgment 1553
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
UNESCO Staff Regulation 4.4 grants priority to serving staff for appointment to vacant posts. "Despite the unanimous recommendations by the senior personnel advisory boards and by the Appeals Board the Organization failed to give the complainant priority for vacant posts. It put the wrong question to its units and to its bureau of personnel. The right question was not whether there was a post that fitted her qualifications and experience but whether there was a post of which she was capable of fulfilling the duties competently. [...] No instructions went out that she should be given priority for any vacant posts. So the decision to terminate her services rested on a misinterpretation of Regulation 4.4 and so on a mistake of law. That decision must therefore be set aside".
Reference(s)
Organization rules reference: UNESCO STAFF REGULATION 4.4
Keywords:
abolition of post; candidate; decision; internal candidate; interpretation; material damages; moral injury; organisation's duties; priority; qualifications; reassignment; reinstatement; staff regulations and rules; termination of employment; vacancy;
Judgment 1550
81st Session, 1996
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"If the complainant felt that the representative's order was ultra vires the proper course was for him, not just to carry on regardless, but to raise the issue with the representative and, if necessary, refer it through the representative to Headquarters for a ruling. By failing to obey an explicit and unambiguous order from his supervisor he was in breach of his duty under the Staff Regulations, which declare staff to be subject to the authority of the Director. In this instance that authority had been delegated to the representative."
Keywords:
conduct; decision; decision-maker; delegated authority; due process; insubordination; staff member's duties; staff regulations and rules; supervisor;
Judgment 1549
81st Session, 1996
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"When an organisation wants to fill a post by competition it must comply with the material rules and the general precepts of the case law."
Keywords:
appointment; case law; competition; due process; general principle; international civil service principles; organisation's duties; post; selection procedure; staff regulations and rules;
Consideration 13
Extract:
"The purpose of competition is to let everyone who wants a post compete for it equally. So precedent demands scrupulous compliance with the rules announced beforehand: patere legem quam ipse fecisti."
Reference(s)
ILOAT Judgment(s): 107, 729, 1071, 1077, 1158, 1223, 1359
Keywords:
appointment; case law; competition; due process; equal treatment; organisation's duties; patere legem; selection procedure; staff regulations and rules; vacancy;
Consideration 6
Extract:
"An official of an international organisation who applies for a vacancy is entitled to have his application considered and assessed according to the set procedure once the organisation admits it under the terms of the vacancy notice. It may not deny that an applicant has a cause of action after it has appointed someone else, especially if the applicant is challenging the appointment on the grounds of breach of his rights in failure to apply the proper procedure".
Keywords:
appointment; candidate; case law; cause of action; competition; due process; internal candidate; organisation's duties; receivability of the complaint; staff regulations and rules; vacancy; vacancy notice;
Judgment 1542
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"This complaint, which seeks the grant of staff union facilities [...], does concern the exercise of the freedom of association that Article 30 of the Service Regulations guarantees. So the Tribunal is competent ratione materiae under Article II(5) and (6)(a) of its Statute, whereby it is open to any official - even one whose employment has ceased - who alleges breach in substance or in form of the Staff Regulations."
Reference(s)
ILOAT reference: ARTICLE II (5) AND (6)(A) OF THE STATUTE
Organization rules reference: ARTICLE 30 OF THE EPO SERVICE REGULATIONS
Keywords:
competence of tribunal; complainant; complaint; facilities; freedom of association; iloat statute; locus standi; receivability of the complaint; staff regulations and rules; staff representative; staff union; staff union activity; status of complainant; vested competence;
Consideration 7
Extract:
"The complainant has no locus standi to make a claim against his former employer. After dismissal he no longer had any connection with the EPO in law. Nor, since he was in the EPO's employ for under ten years, is he entitled [...] to draw a pension: he can therefore derive no cause of action from the breach of any provision of the EPO's Rules and Regulations."
Keywords:
breach; cause of action; complainant; complaint; locus standi; receivability of the complaint; seniority; staff regulations and rules; status of complainant; termination of employment;
Judgment 1539
81st Session, 1996
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Since the complainant was in Switzerland at the time of recruitment she was not locally recruited for employment at the Brussels Office. It is true that the Association was free to incorporate in the letters of appointment a clause saying that she was nevertheless deemed to have local status. [...] For want of a clause expressly prescribing local status the presumption is that the parties did not agree that she should have such status. The conclusion is that the contracts, read together with the Staff Regulations, set out all the terms and conditions of employment, which conferred non-local status on the complainant and gave the association no right or power to treat her as having any other. And even if there was doubt on that score it was the association, which was the source of all the relevant documents, that had the duty to resolve it."
Keywords:
complainant; contract; duty station; intention of parties; local status; non-local status; offer; organisation's duties; place of origin; staff regulations and rules; status of complainant; terms of appointment;
Judgment 1526
81st Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Director-General having waived, in accordance with Staff Rule 1240.2, the complainant's obligation to go through the internal appeal procedure, she has exhausted the remedies open to her within the Organization, as Article VII(1) of the Tribunal's Statute required her to do."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: WHO STAFF RULE 1240.2
Keywords:
complaint; direct appeal to tribunal; exception; executive head; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint; staff regulations and rules;
Judgment 1520
81st Session, 1996
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The general decisions which the Assembly and Executive Council of the WTO took and which came into effect as announced in the circular affect the complainants' right to legal status in line with the common system, particularly as to the amounts of end-of-service entitlements, notice of dismissal and the general rules on retirement pensions. None of those provisions - some of which have indeed been dropped - directly infringes any of the rights that the complainants are asserting. They may, if they so wish, properly challenge any individual decision that applies to the provisions. Insofar as they are challenging the circular their complaints are therefore irreceivable."
Keywords:
amendment to the rules; cause of action; coordinated organisations; general decision; individual decision; receivability of the complaint; rule of another organisation; staff regulations and rules; terms of appointment;
Consideration 7
Extract:
The complainants are challenging a "decision refusing their claim to a promise from the Organization to preserve the rights they had under the old Staff Regulations and Rules. Any decisions that may be taken to give effect to the general rules will be challengeable provided that there is some actual dispute for the Tribunal to rule on. Here there is none. The complainants cite no individual decision that causes them injury. They may not contrive such dispute by seeking promises from the Organization."
Keywords:
amendment to the rules; cause of action; complaint; general decision; individual decision; no cause of action; receivability of the complaint; staff regulations and rules;
Judgment 1518
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11-12
Extract:
The President's decision on the complainant's internal appeal was made on the strength of internal correspondence that the complainant had never seen and that the Appeals Committee had never considered. "That constituted a gross breach of due process." Because of the breach of Article 113(1) of the Staff Regulations on the procedure before the Appeals Committee the President's decision must be set aside.
Reference(s)
Organization rules reference: ARTICLE 113(1) OF EPO'S SERVICE REGULATIONS
Keywords:
breach; case sent back to organisation; consequence; decision; decision quashed; flaw; internal appeal; internal appeals body; procedural flaw; procedure before the tribunal; right to reply; staff regulations and rules;
Judgment 1514
81st Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
As said in Judgments 1329 and 1368 "there is no obligation in law to align with the cost of living or with take-home pay. Though CERN must work out the pay raises fairly and objectively, with due regard to the relevant components, the methodology puts it under no obligation to match pay rises to trends in the cost of living in Geneva. That would be tantamount to indexing, and the rules do not require it."
Reference(s)
ILOAT Judgment(s): 1329, 1368
Keywords:
adjustment; binding character; case law; cost-of-living increase; organisation's duties; reckoning; salary; staff regulations and rules;
Consideration 12
Extract:
"The complainants put their cumulative loss at some 10 per cent of the purchasing power of their pay since 1990 [...] and say it impairs an essential term of employment. A fall in purchasing power below some critical point may indeed be breach of an official's acquired right. But, save where the written rules require the indexing of pay, not every financial setback the official may suffer will amount to such breach." (The Tribunal cites Judgment 832.)
Reference(s)
ILOAT Judgment(s): 832
Keywords:
acquired right; adjustment; breach; case law; cost-of-living increase; cumulative decisions; reduction of salary; salary; staff regulations and rules; terms of appointment;
Judgment 1509
81st Session, 1996
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
When the complainant lodged a claim to reinstatement "he was neither a serving nor a former official of UNIDO, to which he was no more than an outside applicant for employment and whose decision was in fact a refusal to recruit him. That decision raises no question of non-observance of the terms of appointment of an official of UNIDO, or of its Staff Regulations. So again the Tribunal may not entertain the claim."
Keywords:
appointment; breach; candidate; competence of tribunal; competition; complainant; contract; external candidate; locus standi; official; refusal; reinstatement; staff regulations and rules; status of complainant;
Consideration 13
Extract:
"The fact that UNIDO was administering the [joint UN and UNIDO service in which the complainant was working] made neither the complainant one of its officials nor the organization a party to the contract of employment. According to his letters of appointment the complainant was subject to the Staff Regulations and Staff Rules of the United Nations, not of UNIDO. And even if in administering the service UNIDO did apply its own Staff Regulations to the complainant he did not on that account become a member of its staff. So any complaint by him that UNDO failed to apply, or misapplied, its Staff Regulations to him is not within the Tribunal's competence."
Reference(s)
ILOAT reference: ARTICLE 11 OF THE STATUTE
Keywords:
applicable law; competence of tribunal; contract; iloat statute; locus standi; non official; official; rule of another organisation; staff regulations and rules; status of complainant;
Consideration 12
Extract:
"Article II(5) empowers the Tribunal to hear a complaint which an official of an international organisation that has duly recognised its jurisdiction has filed and which alleges non-observance of either the terms of the official's appointment or the Staff Regulations. As the Tribunal said in Judgment 231 [...], those are 'two conditions which in practice coincide'. The reference to 'Staff Regulations' means those of the organisation of which a complainant is or was an official and does not include the Staff Regulations of any other."
Reference(s)
ILOAT reference: ARTICLE II(5) OF THE STATUTE
ILOAT Judgment(s): 231
Keywords:
applicable law; breach; case law; competence of tribunal; contract; declaration of recognition; iloat statute; locus standi; official; rule of another organisation; staff regulations and rules; status of complainant;
Judgment 1502
81st Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The Organization's "own interests and sound management demand strict compliance with time limits, and non-compliance means forfeiting a right or the exercise thereof: see Judgment 1446 [...] under 3, the further judgments cited therein and Judgment 1485 [...]. A time limit is not to be waived just because claims are seldom late or because the consequences of refusing waiver would be too harsh."
Reference(s)
ILOAT Judgment(s): 1466, 1485
Keywords:
case law; delay; exception; interpretation; staff regulations and rules; time bar; time limit; written rule;
Consideration 9
Extract:
"The time limit must start at the date at which payment becomes due. If that were not so, the lapse of time would work to the claimant's detriment for as long as the rules precluded his making the claim. To make the would-be claimant wait, for any reason, before making the claim bars repayment. So the staff have grounds for supposing that they are not free [under Staff Regulation R VIII 1.01] to make claims until they can group." That being a reasonable construction, "for CERN to impose a narrower one would be an abuse of authority."
Reference(s)
Organization rules reference: CERN STAFF REGULATION R VIII 1.01
Keywords:
good faith; interpretation; no provision; staff member's interest; staff regulations and rules; time bar; time limit; written rule;
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 1495
80th Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"A decision determining a career path in accordance with CERN rules is analogous to a decision about grading. A long line of precedent leaves such a decision to the Director-General's discretion."
Keywords:
case law; discretion; executive head; judicial review; post classification; staff regulations and rules;
Judgment 1494
80th Session, 1996
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Though the Tribunal held in [Judgment 938 under] 12 that 'a staff member cannot be separated while on sick leave', the ruling must be seen in context: it cannot apply to termination in any circumstances whatever. [...] In [that] case the defendant organisation had dismissed [a staff member] at a time when she said she was ill and had applied for sick leave. The Organisation refused to grant her the leave on the grounds that she was not ill."
Reference(s)
ILOAT Judgment(s): 938
Keywords:
case law; contract; extension of contract; illness; international civil service principles; interpretation; non-renewal of contract; sick leave; social benefits; staff regulations and rules;
Consideration 6
Extract:
"The judgments [607 and 938 that the complainant] relies on must not be read out of context. The Tribunal was not ruling therein that someone who falls ill towards the end of his appointment should, whatever the circumstances, be entitled to sick leave, to the consequent extension beyond the date of expiry and to pay for the same term. Indeed it ruled out the idea of such extension in Judgment 157 [...]."
Reference(s)
ILOAT Judgment(s): 157, 607, 938
Keywords:
case law; contract; extension of contract; illness; non-renewal of contract; salary; sick leave; staff regulations and rules;
Consideration 7
Extract:
"Whether sick leave is to be extended beyond the date of expiry of an appointment is a question to be seen first and foremost in the light of the social protection afforded by an organisation's rules, which are to be construed according to the law of the international civil service."
Keywords:
case law; contract; international civil service principles; interpretation; sick leave; social benefits; staff regulations and rules;
Judgment 1491
80th Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"CERN has but one obligation under R IV 2.02: to refund taxes paid by officials 'on remuneration and benefits received from the organization'. [...] CERN is not to blame for the resulting increase in the rates of taxation of the complainants' total income. All it can do is pay back to French citizens on its staff the amounts they have paid in tax on their international earnings: it exerts control neither over the tax brackets and rates set by French law, nor over the method of reckoning their total income, which is just a feature of the French manner of processing income tax."
Reference(s)
Organization rules reference: CERN STAFF REGULATION R IV 2.02
Keywords:
domestic law; organisation's duties; privileges and immunities; rate; refund; salary; staff regulations and rules; tax;
Judgment 1489
80th Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Article 28 of the Service Regulations [...] does entitle officials to protection against attacks related to their status or duties and to compensation for injury. But, as was said in Judgment 1270 [...], its purpose is not to settle a dispute that has arisen within the Organisation itself. So it affords no basis for a claim to help from the Organisation against treatment by a supervisor."
Reference(s)
Organization rules reference: ARTICLE 28 OF THE EPO SERVICE REGULATIONS
ILOAT Judgment(s): 1270
Keywords:
compensation; injury; interpretation; moral injury; official; staff regulations and rules; supervisor;
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