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 1172
73rd Session, 1992
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The conclusion is that in substance [the complainant's] letter [...] amounted to a request for further information and explanation on a matter the parties had been discussing for years. If his intention was to lodge an appeal under Chapter VI of the Staff Rules he ought to have used language more in keeping with that of an appeal. In any event, on receiving CERN's reply [...] he ought to have applied for referral to the Appeals Board, which [...] is not just a formality. Had he applied for such referral the ambiguous wording of his letter might have been treated as just an oversight, and had the organization turned down his claims it might have been held that he had exhausted the internal means of redress as Article VII(1) the Tribunal's Statute required him to do."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: CHAPTER VI OF THE CERN STAFF RULES
Keywords:
condition; formal requirements; iloat statute; internal appeal; internal remedies exhausted; reply; staff regulations and rules;
Judgment 1171
73rd Session, 1992
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
ITU Staff Rule 3.4.2c) "says that on promotion from the general service to the professional category an official shall keep his pensionable remuneration at the level which it had reached immediately before promotion 'until that level is exceeded as a result of advancement or further promotion'. Since the complainant's promotion [...] resulted in a decrease in his pensionable remuneration [...] he was accordingly entitled to keep his pensionable remuneration at the level it had reached immediately prior to promotion".
Reference(s)
Organization rules reference: ITU STAFF RULE 3.4.2C)
Keywords:
general service category; pension; pensionable remuneration; professional category; promotion; staff regulations and rules;
Judgment 1166
73rd Session, 1992
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The organization challenges the Tribunal's competence on the grounds that it has no employment relationship with the complainant: an unpaid associate like him does not serve CERN and is not subject to its rules, and the organization does not pay the complainant for his work. The plea fails. [...] It is not in dispute that CERN has recognised the Tribunal's jurisdiction, as indeed is reflected in Rule VI 1.05 of its Staff Rules. Moreover, the complainant, who belongs to the staff of CERN as an unpaid associate, is alleging non-observance of provisions of the Staff Rules and Regulations. As for his not working for CERN, not being subject to its rules and not getting payment from it, those are issues that have a bearing, not on the Tribunal's competence, but on the receivability of his complaint. The Tribunal has jurisdiction."
Reference(s)
Organization rules reference: CERN STAFF RULE VI 1.05
Keywords:
competence of tribunal; declaration of recognition; receivability of the complaint; salary; staff regulations and rules; status of complainant;
Considerations 4-5
Extract:
"The organization contends that the complaint is irreceivable. In its submission the complainant has no locus standi because he was not an official of CERN, had no relationship of employment with it, did not work for it and was subject to its rules only to a strictly limited extent. [...] In accordance with the terms of his appointment and [the relevant] Staff Rules the complainant was [...] free to [...] lodge a complaint as a member of CERN's staff. [...] But the complaint is irreceivable for another reason [...] the decision he impugns is irrelevant to his contract with CERN".
Keywords:
competence of tribunal; contract; decision; locus standi; receivability of the complaint; staff regulations and rules; status of complainant;
Judgment 1163
72nd Session, 1992
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7 and 9
Extract:
FAO Manual paragraph 308.411 provides for the award of a within-grade salary increment to officials whose service, during a "qualifying period", is satisfactory. The complainant had her annual increment withheld. "Although difficulties were found in the complainant's attitude towards other staff, [her performance reports] do not show such a pattern of conduct as to impair the quality of her work on the assignments she was given. [...] The conclusion is that the conditions in the case law for withholding an increment were not met and that the organization committed a mistake of law in construing and applying 308.411."
Reference(s)
Organization rules reference: FAO MANUAL PARAGRAPH 308.411
ILOAT Judgment(s): 247
Keywords:
accumulation; case law; condition; conduct; enforcement; grounds; increment; increment withheld; interpretation; satisfactory service; staff regulations and rules; step; unsatisfactory service; working relations;
Judgment 1162
72nd Session, 1992
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
The complainant objects to two written warnings she got. The wording of Manual paragraph 314.221 is imprecise about what sort of conduct will warrant a warning: "it speaks of 'failure to perform prescribed duties in a satisfactory manner'. To explain how the paragraph is to be applied in practice, however, the paragraph gives in brackets some illustrations of cases of such failure [...] The draughtsman gives in brackets what are no more than examples intended to help in construing the text: they are not cumulative conditions for applying it."
Reference(s)
Organization rules reference: FAO MANUAL PARAGRAPH 314.221
Keywords:
accumulation; condition; conduct; grounds; interpretation; staff regulations and rules; warning;
Considerations 3-5
Extract:
The complainant objects to two written warnings she got. The reason the FAO gives for them was her failure to maintain "harmonious working relationships", which is one of the cases mentioned in Manual paragraph 314.221. "Such a reason affords a sound basis in law for the warnings and is in itself sufficient provided that it rests on true allegations of fact. The complainant is therefore mistaken in her view that there must also have been [others] since the only grounds given for the warnings are factually correct and warrant the impugned decisions, the complainant's objections must fail."
Reference(s)
Organization rules reference: FAO MANUAL PARAGRAPH 314.221
Keywords:
accumulation; condition; conduct; duty to substantiate decision; grounds; interpretation; staff regulations and rules; warning;
Judgment 1161
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal is satisfied that in this case the President of the Office made proper exercise of the wide discretion he enjoys under Article 13(2) [of the Service Regulations] to decline, on the grounds of poor performance, to confirm the complainant's appointment."
Reference(s)
Organization rules reference: ARTICLE 13(2) OF THE EPO SERVICE REGULATIONS
Keywords:
discretion; probationary period; staff regulations and rules; termination of employment; unsatisfactory service;
Consideration 10
Extract:
"The Organisation tried to find him a suitable post in another department. That it failed to do so is immaterial, however, since he had no right whatever to transfer under the Service Regulations."
Keywords:
organisation's duties; post; request for transfer; right; staff regulations and rules; transfer;
Judgment 1150
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"In interpreting the term 'continuously resident' in Judgment 1099 [...] the Tribunal held that the condition turned on the existence of objective and factual links with the country and that the test was one of simple residence. The purpose of the rule is to grant an allowance to the official who has no affinity with the country of his duty station. To make that clear, Article 72(3) [of the Service Regulations of the EPO] further provides that the allowance may be paid to the staff member who, even though he is a national of the country in which he is serving, has been continuously resident for at least ten years in another country."
Reference(s)
Organization rules reference: ARTICLES 72(1) and 72(3) OF THE EPO SERVICE REGULATIONS
ILOAT Judgment(s): 1099
Keywords:
case law; duty station; non-resident allowance; residence; staff regulations and rules;
Judgment 1147
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Staff Committee, which does not even have personality in law, may not itself appeal. But its members may nevertheless rely on their position as such to ensure observance of the Regulations. Indeed that is why Article 34(2) empowers them to enforce their rights. Were that not so the system of staff representation set up by the EPO would prove meaningless. The staff member has a direct interest in making the organisation respect his rights because he derives them directly from his status as such. The contingency is one that Article II of the Tribunal's Statute contemplates. If the EPO were right, a further effect would be to hamper the functioning of a body established under the Service Regulations and acting within the bounds of authority the Regulations set."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Organization rules reference: ARTICLE 34(2) OF THE EPO SERVICE REGULATIONS
Keywords:
collective rights; competence of tribunal; locus standi; staff regulations and rules; staff union; status of complainant;
Judgment 1126
71st Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Article 61(5) of the Interpol Staff Rules empowers the Secretary General to grant an official a supplementary indemnity on termination of appointment, "taking into account the particular circumstances relating to the personal situation of the official concerned". The Tribunal finds no evidence of such a "particular circumstance" in this case.
Reference(s)
Organization rules reference: ARTICLE 61(5) OF THE INTERPOL STAFF RULES
Keywords:
amount; condition; discretion; enforcement; provision; staff regulations and rules; terminal entitlements;
Judgment 1125
71st Session, 1991
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"A construction which an international organisation wilfully and consistently puts on a rule for years may become a binding element of personnel policy to be applied to everyone who is in the same position in law and in fact. That flows from the general principles that an organisation must show good faith and frame personnel policy in objective terms. Yet it may alter a construction it was not required to follow provided that it does not thereby offend against any of its written rules."
Keywords:
amendment to the rules; binding character; general principle; good faith; interpretation; practice; staff regulations and rules;
Consideration 6
Extract:
"Where the Rule [viz. Article 25 of the 1956 Staff Rules] is silent the competent authority - here the Administrative Committee - does have discretion to set the amount of the contribution to be paid from the date of retirement. But its decision will not be immune to review by the Tribunal, which will interfere if it finds some mistake of fact or of law [etc.]". The decision to do away with the material benefit is in breach of Article 25 and cannot stand.
Reference(s)
Organization rules reference: ARTICLE 25 OF THE 1956 STAFF RULES
Keywords:
amount; breach; contributions; discontinuance; discretion; judicial review; no provision; organisation; provision; staff regulations and rules;
Judgment 1124
71st Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Chairman of the Committee with a mandate to consider the complainant's request for review of the decision setting the amount of his termination indemnity resigned because he regarded other duties he held as incompatible with the chairmanship. "There was [...] nothing improper about that. Indeed, the Chairman's resignation removed a threat to the Committee's impartiality". It was, moreover, in line with Clause 3 of Article 146 of the Staff Rules.
Reference(s)
Organization rules reference: ARTICLE 146(3) OF THE INTERPOL STAFF RULES
Keywords:
bias; composition of the internal appeals body; enforcement; internal appeals body; recusal; staff regulations and rules;
Summary
Extract:
See Judgment 1126, summary.
Reference(s)
Organization rules reference: ARTICLE 61(5) OF THE INTERPOL STAFF RULES
ILOAT Judgment(s): 1126
Keywords:
amount; condition; discretion; enforcement; provision; staff regulations and rules; terminal entitlements;
Judgment 1123
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Article 65, which merely cites examples of circumstances warranting adjustment in pay, is not exhaustive. There may be adjustment for other reasons, whether they be peculiar to the organisation or attributable to outside factors." In the instant case the reasons Eurocontrol gave come within the ambit of the provision.
Reference(s)
Organization rules reference: ARTICLE 65 OF THE EUROCONTROL STAFF REGULATIONS
Keywords:
adjustment; analogy; criteria; enforcement; grounds; provision; salary; staff regulations and rules;
Consideration 13
Extract:
The Tribunal points out that, as it said in Judgment 986, it has only a limited power of review in respect of salary policy. It will declare whether the impugned decisions square with general principles, with the Staff Regulations and with the terms of the complainants' appointment. Those principles, which include that of trust, were complied with in the instant case.
Reference(s)
ILOAT Judgment(s): 986
Keywords:
competence of tribunal; enforcement; general principle; good faith; judicial review; salary; staff regulations and rules; terms of appointment;
Judgment 1118
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
Vide Judgment 1123, consideration 8.
Reference(s)
Organization rules reference: ARTICLE 65 OF THE EUROCONTROL STAFF REGULATIONS
ILOAT Judgment(s): 1123
Keywords:
adjustment; analogy; enforcement; grounds; provision; salary; staff regulations and rules;
Consideration 9
Extract:
"Though the Tribunal's main task is to enforce the written rules in disputes between organisation and staff member, clear and consistent precedent makes dealings between the two sides subject, not just to the material provisions of the staff regulations and the contract of employment, but also to a set of general principles that form part of the law of the international civil service."
Keywords:
competence of tribunal; enforcement; general principle; international civil service principles; staff regulations and rules;
Consideration 22
Extract:
Vide Judgment 1123, consideration 13.
Reference(s)
ILOAT Judgment(s): 1123
Keywords:
competence of tribunal; enforcement; general principle; good faith; judicial review; salary; staff regulations and rules; terms of appointment;
Judgment 1108
71st Session, 1991
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
"Although [WHO] Manual provision II.12.320 [...] says that consultants shall be paid the subsistence allowance applicable to the country of the duty station, Staff Rule 1330 empowers the Director-General to 'appoint consultants without regard to the provisions of the other sections of the Rules'. So the Director-General's offer of an appointment as a consultant without the per diem allowance was quite lawful anyway."
Reference(s)
Organization rules reference: WHO STAFF RULE 1330 WHO MANUAL PROVISION II.12.320
Keywords:
contract; daily subsistence allowance; enforcement; external collaborator; local status; provision; staff regulations and rules;
Judgment 1099
71st Session, 1991
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant claims the expatriation allowance provided under Article 72 of the EPO Service Regulations for officials who, at the time of their appointment, have not been continuously resident in their duty station for the preceding three years. As he does not meet that requirement, he wants the time he spent in the Federal Republic of Germany to be discounted and he relies on the German wording of the provision, which refers to the official's being "permanently established" rather than "resident" at the duty station as in the English and French versions. The English and French versions being quite explicit, the German version must be interpreted in a way that reconciles all three. (Vide Judgment 926.)
Reference(s)
Organization rules reference: ARTICLE 72 OF THE EPO SERVICE REGULATIONS
ILOAT Judgment(s): 926
Keywords:
condition; criteria; interpretation; language of rule; nationality; non-resident allowance; residence; staff regulations and rules;
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 1087
70th Session, 1991
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Coordination Committee of WIPO repealed Staff Regulation 3.1 bis which safeguarded salaries against fluctuations in the exchange rate between the dollar and the Swiss franc. The Organization having offered a perfunctory defence, the Tribunal orders further submissions.
Reference(s)
Organization rules reference: WIPO STAFF REGULATION 3.1 BIS
Keywords:
further submissions; interlocutory order; organisation's duties; provision; repeal; staff regulations and rules; submissions;
Judgment 1080
70th Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Vide Judgment 1126, summary.
Reference(s)
Organization rules reference: ARTICLE 61.5 OF THE INTERPOL STAFF RULES
ILOAT Judgment(s): 1126
Keywords:
amount; condition; discretion; enforcement; provision; staff regulations and rules; terminal entitlements;
Consideration 6
Extract:
The complainants object that the terminal entitlements Interpol granted them under the Staff Rules and Regulations were "paltry". "Even if there are rules the Tribunal may still check that the organisation has kept to the general principles that govern the international civil service, one of them being its duty to treat its staff considerately. As has been said before, an organisation must act from reasonable motives and not cause its staff unnecessary or undue prejudice."
Keywords:
enforcement; international civil service principles; judicial review; organisation's duties; staff regulations and rules; terminal entitlements;
Judgment 1079
70th Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Interpol's Staff Regulations and Staff Rules provide staff members guarantees against the loss of grade or changes to their conditions of service in connection with the headquarters move. The organization having failed to comply in full with those obligations, as a result of which the complainant turned down the offer of transfer, the Tribunal refers the complainant to Interpol to determine the compensation to which he is entitled.
Keywords:
downgrading; promise; refusal; staff regulations and rules; terminal entitlements; terms of appointment; transfer; transfer of headquarters;
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