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 1383
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7-10
Extract:
The organization contends that the Tribunal lacks competence to hear a complaint from a "temporary adviser", whose status does not imply the right of appeal. But the Tribunal finds that the organization has described her "as holding an appointment as [a] short-term consultant. [...] Her contract was for a total of over ninety days, she was therefore not a 'temporary advisory' whithin the meaning of [WHO Manual paragraph] II.12.590." holding a "temporary short-term appointment as a consultant [...] she therefore qualified as a 'staff member'" with the right to appeal. "The rules draw no distinction between 'regular' staff members and the holders of temporary appointments."
Reference(s)
Organization rules reference: WHO MANUAL PARAGRAPH II.12.590
Keywords:
duration of appointment; external collaborator; internal appeal; locus standi; ratione personae; receivability of the complaint; right of appeal; short-term; staff member; staff regulations and rules;
Judgment 1382
78th Session, 1995
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-6
Extract:
The complainant was a locally recruited official in the general service category whose appointment was terminated after the paho abolished his post. He submits that the Organization ruled out the possibility of reassignment by limiting the geographical scope of a competition. The plea fails. WHO Manual paragraph II.9.290 confers no right on general service staff to reassignment on a post outside their duty station. Staff Rule 510.1 precludes reassignment of such staff outside their duty station unless there is mutual agreement and under Rule 1310.2 all posts in the general service category are subject to local recruitment.
Reference(s)
Organization rules reference: WHO MANUAL PARAGRAPH II.9.290; PAHO STAFF RULE 510.1; PAHO STAFF RULE 1310.2
Keywords:
appointment; duty station; general service category; interpretation; local status; reassignment; right; staff regulations and rules; written rule;
Judgment 1380
78th Session, 1995
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The complainant says that "the administration failed to observe the time limit of sixty days when it replied to the Joint Appeals Board on [two appeals she had lodged], in breach of Rule 112.02(b)(ii). This provision has no application to the organization's reply in the internal appeals procedure: the time limit of sixty days applies to the Director-General's reply to a written request under Rule 112.02(a) for review of an administrative decision."
Reference(s)
Organization rules reference: STAFF RULE 112.02
Keywords:
due process; internal appeal; internal appeals body; organisation's duties; staff regulations and rules; time limit;
Judgment 1378
78th Session, 1995
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The relevant provisions of the Manual require that [...] the receiving unit prepare written evaluations of [the candidates]. Thus it was both proper and reasonable for the receiving unit to interview candidates in order to prepare the required reports and evaluations."
Reference(s)
Organization rules reference: WHO MANUAL PARAGRAPH II.3.340; WHO MANUAL PARAGRAPH II.3.341 WHO MANUAL PARAGRAPH II.3.342
Keywords:
candidate; competition; due process; qualifications; staff regulations and rules;
Judgment 1376
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The purpose of Headquarters Board of Appeal's rules of procedure is "to promote the expeditious and orderly hearing of appeals, not to deprive appellants of any right of appeal conferred on them by the Staff Rules."
Keywords:
due process; internal appeal; internal appeals body; organisation's duties; purpose; right of appeal; staff member's interest; staff regulations and rules; time limit;
Judgment 1374
77th Session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The PAHO's applying the wrong criteria to determine the 'priority groups' flaws the reduction-in-force procedure because it means that the staff whose posts had been abolished were not put in the order of priority prescribed in the manual for retention."
Keywords:
abolition of post; criteria; due process; enforcement; flaw; priority; procedure before the tribunal; staff reduction; staff regulations and rules;
Consideration 11
Extract:
"Even if the reduction-in-force procedure had been properly carried out the letters [which the PAHO sent the complainants] did not give valid notice of termination. They gave the complainants only just over one month's notice [...], not the three months to which they were entitled under Rule 1050.3. For that reason too the complainants' contracts must be deemed to have been extended by implication."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1050.3
Keywords:
contract; flaw; intervention; non-renewal of contract; notice; procedure before the tribunal; reinstatement; staff reduction; staff regulations and rules; time limit;
Consideration 6
Extract:
According to the case law (see Judgments 469 and 1045) the reduction-in-force procedure "must be followed before, not after, notice of termination is given. In line with the rules and the case law, therefore, the notices of termination served on the complainants [...] were premature and so unlawful and without effect. For that reason [...] their contracts must be deemed to have been extended by implication."
Reference(s)
ILOAT Judgment(s): 469, 1045
Keywords:
case law; contract; due process; flaw; non-renewal of contract; notice; procedure before the tribunal; reinstatement; staff reduction; staff regulations and rules;
Judgment 1371
77th Session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"The complainant not having received any valid notice under Rule 1050.3, his contract was renewed by implication and remains in force."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1050.3
Keywords:
contract; flaw; non-renewal of contract; notice; reinstatement; staff regulations and rules; termination of employment;
Judgment 1370
77th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant pleads that he had been promoted from grade G.7 to P.2 "even though he was drawing the post allowance. It is immaterial whether or not the conditions in which he was granted the allowance met the requirements of Regulation 3.8: suffice it to observe that he acquiesced and amply reaped the benefit for most of the period during which he received the allowance. So the Tribunal cannot allow his plea that he was promoted."
Reference(s)
Organization rules reference: ITU STAFF REGULATION 3.8
Keywords:
acceptance; amendment to the rules; condition; general service category; grade; professional category; promotion; special post allowance; staff regulations and rules;
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;
Considerations 17-18
Extract:
It is in the light of such precepts that the Tribunal rules below on the case of Eurocontrol. After years of conflict with the staff and a spate of litigation uncertain in outcome and - as the Director General properly observed - adverse in effect, Eurocontrol came round to a cooperative approach by concluding the agreement of 9 January 1992. By virtue of its contractual nature it is a source of law which in the interests of both sides the Tribunal regards as material.
Eurocontrol is right in pleading that the collective procedure set up under the agreement cannot supersede each staff member's defence of his own rights. A collective agreement, even though concluded with staff associations acknowledged to be representative, does not divest the staff member of the safeguards he enjoys under the Staff Regulations. By the same token there is nothing to keep him from relying on a collective agreement even if, not being a member of a staff association, he is not himself privy to it. Such indeed are consequences that flow from freedom of association and the principle of equal treatment.
Keywords:
collective agreement; collective rights; equal treatment; freedom of association; right of appeal; safeguard; staff member's interest; staff regulations and rules; staff union; staff union agreement;
Judgment 1368
77th Session, 1994
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"For the reasons given in Judgment 1329, under 6, the complainants may not directly seek the quashing of the Council's decision [...]. They may, however, challenge the individual decisions in their pay slips [...] by pleading the unlawfulness of the [Council's decision] and the infringement of any acquired rights they lay claim to under rules or contract."
Reference(s)
ILOAT Judgment(s): 1329
Keywords:
acquired right; application for quashing; breach; contract; general decision; individual decision; payslip; receivability of the complaint; staff regulations and rules;
Judgment 1363
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"Even if disciplinary proceedings have begun there can be no 'act adversely affecting' an employee within the meaning of Article 107 [of the Service Regulations] until the proceedings are over and there is a final decision by the competent authority. So the complainant's internal appeals were premature insofar as he lodged them before the President had taken his decision [...] on the Disciplinary Committee's report."
Reference(s)
Organization rules reference: ARTICLE 107 OF THE EPO SERVICE REGULATIONS
Keywords:
absence of final decision; advisory body; cause of action; disciplinary procedure; executive head; internal appeal; procedure before the tribunal; receivability of the complaint; report; staff regulations and rules;
Consideration 42
Extract:
The complainant was charged with serious misconduct and dismissed. He regards the penalty he received as disproportionately severe in that, among other things, the organisation reduced his severance grant. "The EPO was fully justified in getting rid of an employee whose doings were a constant challenge to its authority and deeply disruptive of the public service and in using its power under [...] the Service Regulations to impose on him the further penalty of making the maximum allowable reduction in severance grant."
Keywords:
amount; breach; organisation's interest; staff member's duties; staff regulations and rules; terminal entitlements; termination of employment;
Judgment 1359
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
One consistent requirement the regulations lay down for filling posts "is the appointment of a selection board that may consider all applicants [...] who qualify under one and the same notice of vacancy. As was said in Judgment 1223, that formal requirement affords every applicant a basic safeguard of open and objective decision-making, and it holds good whether the applicant wants promotion, transfer or a change of category."
Reference(s)
ILOAT Judgment(s): 1223
Keywords:
appointment; candidate; case law; competition; organisation's duties; procedure before the tribunal; promotion; safeguard; selection board; staff regulations and rules; transfer; vacancy notice;
Consideration 7
Extract:
"The complainant qualified under the wording of the notice and was entitled as a eurocontrol official to have his application considered and assessed by a process that complied with the rules. [...] It was not, and the breach of his rightful interest affords grounds for this complaint."
Keywords:
candidate; cause of action; competition; internal candidate; procedural flaw; procedure before the tribunal; receivability of the complaint; staff member's interest; staff regulations and rules; vacancy notice;
Judgment 1358
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The organisation brought in reforms which involved "reassignment of staff together with their posts in the context of a new structure but without the creation of any new posts. The reforms may have altered the position of some in the hierarchy and their duties but, being brought about by transfer of their posts, did not affect their status under the Staff Regulations."
Keywords:
amendment to the rules; assignment; lack of injury; organisation's interest; post description; staff regulations and rules; transfer;
Judgment 1356
77th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"In refusing the complainant's claims the Union has acted in accordance with its own rules and with its obligations as a member of the common system and under the Statute of the International Civil Service Commission. Those claims are nothing more than an attempt to challenge the pay scales under the guise of attacking the multiplier."
Keywords:
adjustment; coordinated organisations; icsc decision; icsc statute; organisation's duties; reckoning; salary; scale; staff regulations and rules;
Judgment 1350
77th Session, 1994
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"A decision as important as termination before expiry of a fixed-term appointment on other than disciplinary grounds must scrupulously observe due process and the safeguards that an appointment with an international organisation affords, whether under the contract or under the rules. In this case the procedure was flawed and the safeguards were not observed. The impugned decision to terminate the complainant's appointment therefore cannot stand, and UNESCO must pay him damages in an amount equivalent to the pay he would have been entitled to had his appointment expired" on the date it was due to run out.
Keywords:
contract; due process; fixed-term; procedural flaw; safeguard; staff regulations and rules; termination of employment;
Judgment 1346
77th Session, 1994
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Before suspending an official "there is no question [...] of letting the official have all the written evidence on which the charges against him are to rest. All that need be said here is that the complainant was given clear and accurate information about the disciplinary action his behaviour was deemed to warrant. The conclusion is that there was no breach of due process."
Keywords:
disciplinary procedure; lack of injury; organisation's interest; right to reply; staff regulations and rules;
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 1339
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Both the complainant and his wife are international civil servants. They work for different organisations. The complainant claimed a share of the leave for which the rules provide in the event of childbirth. "But parental leave is something to be negotiated and agreed with the employer: it may not be claimed as of right. The WHO's rules provide for the grant of maternity leave, not of paternity or parental leave, and until the latter is agreed upon or prescribed the right to it does not exist."
Keywords:
maternity leave; provision; right; staff regulations and rules;
Consideration 12
Extract:
"An official's acceptance of the regulations and rules does not preclude his arguing that some provision of them is discriminatory as it affects him. If the organization's argument were sustained, no staff member would be free to challenge a rule. The complainant is entitled to found his case on the plea of discrimination even though in the event it proves unsuccessful."
Keywords:
acceptance; equal treatment; provision; right of appeal; staff member's interest; staff regulations and rules;
Judgment 1334
76th Session, 1994
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"The purpose of the case law [on acquired rights] is to safeguard the substance of the staff's pay and pensions in the event of amendments to the material rules. The supplementary benefits were intended to afford compensation for constraints that at the time were not part of the complainant's ordinary duties." There was no breach of acquired rights.
Keywords:
acquired right; amendment to the rules; base salary; case law; compensatory allowance; discontinuance; pension; staff regulations and rules;
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