Enforcement (236,-666)
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Keywords: Enforcement
Total judgments found: 208
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Judgment 272
36th Session, 1976
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[T]he authority given to the Tribunal by Article II of its Statute is limited to complaints alleging non-observance of the terms of appointment of officials and of provisions of the Staff Regulations. The authority does not extend to the giving of advisory rulings nor to resolving differences in which there is no question of a breach of the terms of appointment or of the Staff Regulations."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
competence of tribunal; contract; enforcement; iloat statute; provision; staff regulations and rules;
Judgment 271
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organization contends that when reimbursing travel expenses for home leave account must be taken of costs. "These [...] are questions of policy to be solved before the regulation is framed so that the solution can be embodied in the regulation itself. Once framed, the regulation is conclusive on questions of broad principle and personnel policy. [The Director-General's discretionary authority] to apply it only when he is satisfied that the organization is getting its money's worth cannot be derived from its terms."
Keywords:
amount; discretion; enforcement; home leave; limits; organisation's interest; provision; purpose; refund; staff regulations and rules; travel expenses;
Judgment 267
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant maintains that the circumstances of his dismissal damaged his reputation. "There is nothing dishonourable about having to retire at the normal age stipulated in the Staff Regulations. Moreover [...] the organization gave him a written testimonial thanking him for his services over the past twenty-two years, and that served to remove - assuming it were necessary - the prejudice he has alleged."
Keywords:
age limit; contract; enforcement; extension beyond retirement age; fixed-term; lack of injury; non-renewal of contract; refusal; retirement; staff regulations and rules;
Judgment 260
35th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The applicable provision permits termination if the person concerned is unacceptable to the material government or if he is unsuitable for his post. The government did not declare that the person concerned was "persona non grata". A statement by a government official involved in the project was not sufficient; the complainant was not "unsuitable" simply because he was unacceptable to the material government official. The termination of the complainant's contract was unwarranted. The decision is quashed.
Keywords:
contract; enforcement; fixed-term; government approval; member state; persona non grata; project personnel; provision; qualifications; staff regulations and rules; termination of employment;
Judgment 256
34th Session, 1975
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The organisation, "in its capacity as an employer bound to safeguard the lawful interests of its staff [...] is as a rule bound to inform its staff members of requests for information about them [...]" This is an implicit statutory obligation. "In view of the possible consequences of a breach it is in fact a legal duty and not just a rule of courtesy or expediency."
Keywords:
communication to third party; duty to inform; enforcement; organisation; personal file; staff regulations and rules;
Judgment 255
34th Session, 1975
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The applicable provision stipulates that the evaluation given in appraisal reports shall serve as the basis for assistance extended to a staff member to improve his services and for decisions concerning that staff member's status and maintenance in the organization. It is open to question whether this provision, having regard to these objects, applies at all in the case of a staff member who has retired. If it does, there could be no relief for a breach of it except by the payment of compensation. In the present case, the complainant could not suffer injury from a statement assessing his work during the final 11 months of his service.
Keywords:
complainant; enforcement; lack of injury; performance report; purpose; retirement; separation from service; work appraisal;
Judgment 233
32nd Session, 1974
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Tribunal holds that transfers from the general services category to the professional category constitute a "promotion". Such promotions are provided for by the Regulations and are actually made. "[S]ince they are not governed by any special rule, [the general] rule [on promotions] must apply."
Keywords:
enforcement; general service category; no provision; professional category; promotion; provision; staff regulations and rules;
Judgment 231
32nd Session, 1974
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"According to Article II, paragraph 5, of its Statute the Tribunal hears complaints drawn up against organisations which have recognised its competence and alleging non-observance of terms of appointment or the provisions of staff regulations."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; contract; enforcement; iloat statute; staff regulations and rules;
Judgment 209
30th Session, 1973
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The decisions taken by the executive authorities of the organisation in application of the resolution of its legislative body were explicitly approved by the latter and may not now be contested in law.
Keywords:
competence of tribunal; decision; enforcement; executive body; international instrument;
Judgment 208
30th Session, 1973
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Insofar as [the Regulations] confer certain powers on the Director-General in respect of grading, they do not determine the substance of the measures to be taken. [...] Consequently in applying different standards in 1971 from those which had been applicable in 1968 the Director-General did not exceed his authority."
Keywords:
discretion; enforcement; post classification; staff regulations and rules;
Consideration 6
Extract:
"[T]he principle of equality must be applied within the limits imposed by efficient administration. [I]t would therefore be unreasonable to require an organisation to review the terms of appointment of all its staff in the light of the principle of equality as a result of changes in standards of recruitment."
Keywords:
amendment to the rules; enforcement; equal treatment; general principle; limits; terms of appointment;
Judgment 207
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Director-General adopted the recommendation of the internal appeals body; neither he nor the appeals body was bound by the recommendations of the Disciplinary Committee "and he could lawfully impose a penalty more severe than had been recommended by those bodies."
Keywords:
binding character; decision; disciplinary measure; discretion; enforcement; executive head; internal appeals body; recommendation;
Considerations
Extract:
"As an international official, [the complainant] cannot validly claim before the present Tribunal the protection of a law of amnesty adopted by the French parliament."
Keywords:
complainant; domestic law; enforcement; refusal; request by a party; tribunal;
Judgment 202
30th Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Seniority bonuses are part of the terms of recruitment. Only by retroactive application of the new Staff Rules could the complainant be granted an additional bonus. But the new rules are not retroactive and the complainant's reliance on them is ill-founded.
Keywords:
amendment to the rules; enforcement; increment; non-retroactivity; professional experience; provision; seniority; staff regulations and rules; terms of appointment;
Considerations
Extract:
"That principle, [...] which would be applicable even in the absence of a specific provision, is intended to ensure that persons who are in similar circumstances in fact and in law are put on the same legal footing."
Keywords:
enforcement; equal treatment; general principle; no provision;
Judgment 199
30th Session, 1973
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is clear that the organization has acted strictly in accordance with the regulations as they were on [...] the date when the complainant was promoted [...] It is clear also that it would have been for the personal benefit of the complainant if the promotion had been delayed until after the change in the regulations had taken effect" [one month later]. The Tribunal can see no grounds for interfering with the impugned decision.
Keywords:
amendment to the rules; date; effective date; enforcement; non-retroactivity; promotion; provision; staff regulations and rules;
Judgment 192
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Provision is made under the Staff Rules "for termination of the appointment of a staff member who during his probationary period proves unsuitable for his post on medical grounds. Any decision taken under this provision lies within the Director-General's discretion, and can therefore be set aside by the tribunal only if [...]."
Keywords:
discretion; enforcement; health reasons; judicial review; medical fitness; probationary period; provision; staff regulations and rules; termination of employment; termination of employment for health reasons;
Judgment 185
27th Session, 1971
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant inquired whether a refusal decision was final. the absence of a reply from the administration must be considered, by virtue of a general rule of law, as a refusal of the claim. The complainant ought to have followed the procedure prescribed in the Staff Rules to secure "a decision by the Director-General, which decision could alone be impugned before the Administrative Tribunal." [The procedure provides for appeal at the regional level and subsequently at headquarters.]
Keywords:
case sent back to organisation; enforcement; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; procedure before the tribunal; staff regulations and rules;
Judgment 179
27th Session, 1971
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Because of its purpose, which is to protect the individual against arbitrary action, [the rule on withdrawal] applies in international organisations even in [the absence] of any specific text."
Keywords:
bias; enforcement; no provision; recusal;
Judgment 177
26th Session, 1971
United International Bureaux for the Protection of Intellectual Property
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The term 'national income taxes' [...] should be interpreted according to the law of the country in which the taxes whose reimbursement is claimed are levied. It will not therefore necessarily have the same meaning in respect of taxes levied in unitary and in federal States." In the present case, the interpretation should be based on the usual terminology of Swiss tax law: national taxes in Switzerland include cantonal and local taxes as well as federal taxes. The cantonal and local taxes paid by complainants in the Canton of Bern where their families continue to reside must be regarded as 'national income taxes' and in principle be reimbursed.
Keywords:
definition; domestic law; enforcement; refund; tax;
Judgment 176
26th Session, 1971
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"[T]he principle of limitation of liability has been accepted in many systems of law. [I]t is far from clear that it governs the relations between the United Nations and its officials, since the Statute of the Administrative Tribunal of the United Nations makes provision for exceptional cases. To the extent to which it does govern such relations, it operates solely by virtue of an express provision in that statute."
Keywords:
enforcement; general principle; liability; limits; unat statute;
Consideration 3
Extract:
The Statute of the United Nations Administrative Tribunal stipulates that awards of compensation may not exceed a specified amount, in particular in cases of dismissal. "A tribunal without a similar provision in its Statute is not entitled to impose upon an official what would amount in effect to a condition of his employment to which he has not assented."
Keywords:
amount; damages; enforcement; iloat; limits; termination of employment; unat; unat statute;
Judgment 173
26th Session, 1971
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The present complaint concerns the rate of disability pension payable under the regulations of the [organization's] staff insurance scheme [...] issued on the basis of the [...] staff regulations and rules and [...] regarded as forming part of them. The Tribunal is therefore competent to hear the complainant's claims. It is immaterial that [the regulations of the scheme] make no express provision for appeals to the Tribunal. Whatever the material legal texts in the light of which the complaint should be examined, the Tribunal's competence derives from its own statute."
Reference(s)
ILOAT Judgment(s): 141
Keywords:
competence of tribunal; disability benefit; enforcement; health insurance; insurance; provision; staff regulations and rules;
Judgment 168
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In support of her argument that she is not bound by the material provision, the complainant contends that the provision does not apply to her because it was not brought to her knowledge and accepted by her at the time of her appointment. The plea fails. "The contract was expressly made subject to the Staff Rules and Regulations and it is not necessary that any particular rule should be brought to the notice of the employee or specifically accepted by her."
Keywords:
condition; contract; duty to inform; enforcement; provision; staff regulations and rules; terms of appointment;
Consideration 3
Extract:
The complainant contends that the provision depriving her of non-local status as a result of marriage is not applicable since she had acquired a right to non-resident status under her initial contracts. The Tribunal will not rule on the acquired right. Even if she had had that right, it did not outlive "the contracts themselves, the latest of which expired before her marriage."
Keywords:
acquired right; amendment to the rules; contract; enforcement; local status; non-local status; provision; staff regulations and rules;
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