UNAT (132,-666)

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Keywords: UNAT
Total judgments found: 19

• Judgment 4479

  
  133rd Session, 2022
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants challenge the changes made with respect to their salary resulting from the decision of the Director-General to implement the unified salary scale as adopted by the United Nations (UN) General Assembly.

  Consideration 11

  Extract:

  [I]n substance, this plea is no more than a recitation of findings, observations and conclusions in a passage in a judgment, quoted in the brief, on this topic by the United Nations Dispute Tribunal, Judgment UNDT/2017/098 (a judgment vacated on appeal by Judgment 2018-UNAT-841 of the United Nations Appeals Tribunal). This Tribunal is not bound to accept such findings, observations and conclusions and all the more so in the absence of evidence supportive of them.

  Keywords:

  case law of other tribunals; unat;
  

  
  
  

• Judgment 1940

  
  88th Session, 2000
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "Insofar as the complainant is seeking to obtain a judgment from the Tribunal on the extent of his pension rights, it is clear that the decisions taken by the pension fund lie exclusively within the jurisdiction of the United Nations Administrative Tribunal and cannot be reviewed by this Tribunal."

  Keywords:

  competence of tribunal; iloat; pension; unat; unjspf;
  

  
  
  

• Judgment 1337

  
  77th Session, 1994
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "The special service agreement that the complainant signed stated that it was between him and the United Nations. The fact that it provided for services to [subsidiary bodies of the FAO] does not make either of those bodies or the FAO itself a party to the contract or liable thereunder. The conclusion is that the Tribunal is not competent to hear the case."

  Keywords:

  competence of tribunal; contract; coordinated organisations; non official; organisation; unat;
  

  
  
  

• Judgment 1330

  
  76th Session, 1994
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  The complainants regard as a breach of their acquired rights an amendment to the Staff Regulations whose effect is to confer on the United Nations Administrative Tribunal competence for disputes concerning the reckoning of pensionable remuneration. But the Tribunal "cannot treat an amendment to the rules on competence as 'loss of an essential legal safeguard'. After all, with the new text competence goes to an independent and impartial international administrative tribunal."

  Keywords:

  acquired right; amendment to the rules; competence; competence of tribunal; pension; pensionable remuneration; right of appeal; safeguard; staff regulations and rules; unat;
  

  
  
  

• Judgment 1286

  
  75th Session, 1993
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  See Judgment 1285, considerations 8 and 9.

  Reference(s)

  ILOAT Judgment(s): 1285
  

  Keywords:

  competence of tribunal; contract; coordinated organisations; organisation; unat;
  

  
  
  

• Judgment 1285

  
  75th Session, 1993
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 8-9

  Extract:

  The World Food Program is "a joint endeavour of the United Nations and the FAO. Although in some circumstances an agreement signed by the WFP might have bound the organization, in this case every special service agreement that the complainant signed stated that it was between him and the United Nations. [...] The conclusion is that the Tribunal is not competent to hear the case."

  Keywords:

  competence of tribunal; contract; coordinated organisations; non official; organisation; unat;
  

  
  
  

• Judgment 1245

  
  74th Session, 1993
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 19

  Extract:

  "The Tribunal is not competent to interpret the [United Nations Joint Staff Pension] Fund Regulations. It is for the Fund, and ultimately the United Nations Administrative Tribunal on Appeal, to determine whether the complainant is entitled to participate in the Fund under those regulations and, if so, as from what date."

  Keywords:

  competence of tribunal; interpretation; unat; unjspf; written rule;
  

  
  
  

• 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 382

  
  42nd Session, 1979
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "The decision of the Secretary-General of the United Nations to apply the [general service salary] scales which are now in force in its Geneva office was challenged by an official of the United Nations in case no. 225 [...] before the Administrative Tribunal of the United Nations. This Tribunal is satisfied that the United Nations Tribunal is the proper forum for the determination of this issue. That Tribunal upheld as valid the decision of the Secretary-General of the United Nations." The decision taken by the Secretary-General of the WMO to apply those scales therefore stands.

  Keywords:

  amendment to the rules; case law; competence; enforcement; general service category; judgment of the tribunal; scale; unat;
  

  
  
  

• Judgment 380

  
  42nd Session, 1979
  General Agreement on Tariffs and Trade
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  It is significant that the defendant organisation has provided for the application of the United Nations Staff Rules and Regulations. "This Tribunal would therefore hesitate to depart from any interpretation which had been placed upon any regulation by the United Nations Tribunal. The fundamental question in issue cannot, however, be decided as a matter of pure interpretation." [cf. UNAT case No 225; UNAT Judgment No. 236]

  Reference(s)

  ILOAT Judgment(s): 236
  

  Keywords:

  case law; consequence; enforcement; iloat; interpretation; judgment of the tribunal; staff regulations and rules; unat;
  

  
  
  

• Judgment 180

  
  27th Session, 1971
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "The prescribed time limit must be held to have been observed if a complaint [...] has been filed with [the Tribunal] late, but was sent within the period of 90 days to the Administrative Tribunal of the United Nations. This interpretation is justified because of the links between the international organisations, and in particular by the fact that some staff members" fall within the jurisdiction of the latter Tribunal in matters concerning their pension rights.

  Keywords:

  complaint; exception; iloat; new time limit; receivability of the complaint; remand; time bar; unat;
  

  
  
  

• Judgment 176

  
  26th Session, 1971
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  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 148

  
  23rd Session, 1970
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  The complainant suffers from total incapacity for work. He asks the Tribunal to recommend to the Joint Staff Pension Fund to pay him a permanent pension. "The Tribunal is not competent to deal with the above claim, since the United Nations Administrative Tribunal is the competent body to hear disputes relating to benefits payable by the United Nations Joint Staff Pension Fund."

  Keywords:

  competence of tribunal; complainant; disability benefit; remand; request by a party; unat; unjspf;
  

  
  
  

• Judgment 27

  
  6th Session, 1957
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "The facts previous to the engagement of the complainant by the defendant organisation have already been the subject of a decision by the United Nations Administrative Tribunal and may therefore not be considered, in keeping with the principle of res judicata pro veritate habetur."

  Keywords:

  judgment of the tribunal; res judicata; unat;
  

  
  
  

• Judgment 13

  
  4th Session, 1954
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  On the substance

  Extract:

  The existence of a secret document vitiates the equitable application of the Regulations and affects both the interests of the staff as a whole and that of justice itself. "Vide, Judgment No. 15 of the United Nations Administrative Tribunal: 'the applicant cannot be penalised because certain information is considered by the respondent as confidential and the applicant has no opportunity either of knowing that the reason is or of challenging it."

  Keywords:

  case law; confidential evidence; disclosure of evidence; flaw; judgment of the tribunal; organisation; refusal; right to reply; unat;