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Administrative instruction (216,-666)
You searched for:
Keywords: Administrative instruction
Total judgments found: 53
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Judgment 4430
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the new rules governing the exercise of the right to strike at the European Patent Office.
Consideration 9
Extract:
The Circular was a normative legal document subordinate to the Service Regulations. As such, it could not modify or limit the Service Regulations in any respect (see Judgment 3534).
Reference(s)
ILOAT Judgment(s): 3534
Keywords:
administrative instruction; staff regulations and rules;
Judgment 3713
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the reference value, used by the EPO to plan and measure productivity, introduced for patent examiners working in their technical field.
Judgment keywords
Keywords:
administrative instruction; complaint dismissed; final decision; joinder; summary procedure;
Judgment 2833
107th Session, 2009
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
In March 2006 the complainant, who had been assigned to Zimbabwe since 1996, applied for a transfer, in the same grade, to ILO headquarters in Geneva to occupy the advertised post of Senior Procurement Officer. His candidature was rejected because he failed to meet three of the core requirements listed in the vacancy notice. Circular No. 658, series 6, states that the Office should ensure, in particular, that 'priority for mobility is given to staff members who have completed their tours of duty', i.e. their assignment in a particular duty station.
"It is not disputed that the complainant can avail himself of the mobility rules to return, as and when appropriate, to the Organization's headquarters. But that does not, of course, mean that he has a right to return to headquarters to take up a particular post without it being determined beforehand that the post to which he aspires corresponds to his skills."
Reference(s)
Organization rules reference: Circular No. 658, series 6
Keywords:
administrative instruction; competition; condition; criteria; duty station; field; grade; grounds; headquarters; organisation's duties; period; post; priority; qualifications; reassignment; refusal; request for transfer; right; vacancy notice; written rule;
Judgment 2760
105th Session, 2008
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant, a Canadian national, married a person of the same sex, as she is permitted to do under the law in force in Canada. She immediately informed the Agency of her new marital status and applied for the dependency benefits to which staff members with a spouse are eligible, but her application was rejected. The defendant points out that, for the purpose of applying its Staff Regulations and Staff Rules, it has a definition of the term "spouse" which refers only to the partners of a union between persons of opposite sex, since the Guide to Dependency Benefits, which was drawn up for the staff, indicates that the term "'[s]pouse' for all purposes of the Staff Regulations and Staff Rules is defined to mean the husband or wife". "But this mere information document, which was prepared by the Administration and has no normative value, clearly cannot prescribe the adoption of a restrictive definition which does not appear in the applicable texts themselves.
Furthermore, while the Tribunal notes that the same definition was also given in a Notice to the Staff of 11 July 2005, that document likewise could not narrow the scope of the concept of 'spouse' to which the Staff Regulations and Staff Rules refer. Although the secretariat of an organisation may always circulate a Notice to the Staff to clarify certain provisions of its staff regulations and rules, such a notice cannot impose on staff any restrictive conditions other than those stipulated in the provisions themselves."
Reference(s)
Organization rules reference: Guide to Dependency Benefits
Keywords:
administrative instruction; applicable law; binding character; condition; definition; dependant; domestic law; enforcement; family allowance; information note; limits; marital status; organisation; precedence of rules; provision; publication; purpose; refusal; request by a party; same-sex marriage; staff regulations and rules; written rule;
Judgment 2708
104th Session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
For the period 24 June 2002 to 31 December 2003 the complainant was given a fixed-term contract, financed from technical cooperation funds, which was extended until 30 June 2004. The complainant was subsequently given two external collaboration contracts, the second one ending on 31 March 2005. The contractual relationship between the complainant and the ILO ended at that date. "It emerges from an analysis of [the provisions of Circular No. 630] that short-term contracts should be offered in only specific cases and for a limited duration.
Having already obtained a fixed-term contract which had been extended, the complainant could not be recruited under a short-term contract, let alone under an external collaboration contract, to continue performing the same work as he had performed under his fixed-term contract, without contravening the spirit of the applicable texts.
The complainant's last two contracts should therefore be converted into a fixed-term contract."
Reference(s)
Organization rules reference: ILO Circular No. 630
Keywords:
administrative instruction; amendment to the rules; breach; claim; condition; consequence; contract; duration of appointment; extension of contract; external collaborator; fixed-term; limits; period; project personnel; provision; separation from service; short-term; written rule;
Judgment 2690
104th Session, 2008
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. "The Tribunal cannot accept the complainant's argument regarding the legality of the Directive on the ground that the Preparatory Commission has established, almost from the very beginning of its existence, the non-career character of its functions. Its very nature of being a 'preparatory commission' for the Comprehensive Nuclear-Test-Ban Treaty Organization makes it obvious that the decision thus adopted was in perfect coherence with its own mandate, which is not of a permanent nature."
Keywords:
administrative instruction; contract; decision; exception; fixed-term; limits; non-local status; non-renewal of contract; organisation's interest; professional category; security of tenure; terms of appointment;
Judgment 2556
101st Session, 2006
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The Organisation adopted a new method of calculating replacement days granted to inspectors returning from a Chemical Weapons Destruction Facilities inspection because of the inconsistency between the practice with regard to replacement days and the terms of Administrative Directive AD/PER/12. The complainant contested that new method. Because the earlier practice had become in its view "well established", the Appeals Council recommended that the appeal be upheld, the previous practice reinstated and the replacement days that should have been granted in accordance with that practice reimbursed. The Tribunal considers that "[a]s the practice of granting a replacement day for each Saturday, Sunday or official OPCW holiday falling during an inspection period is inconsistent with the terms of AD/PER/12, that practice cannot be elevated to the status of law so as to entitle the complainant to additional replacement days, as was seemingly thought by the Appeals Council."
Reference(s)
Organization rules reference: OPCW Administrative Directive AD/PER/12
Keywords:
administrative instruction; advisory opinion; compensatory measure; difference; internal appeal; internal appeals body; organisation's duties; practice; precedence of rules; provision; public holiday; reckoning; recommendation; refund; right; written rule;
Judgment 2387
98th Session, 2005
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant serves as President of the Eurocontrol section of the European Civil Service Federation. He asks the Tribunal to quash an instruction which, he submits, causes him injury and directly affects the interests he must defend as a trade union leader. "The Tribunal finds that the complainant does not show a direct cause of action in this case which would allow him to challenge the disputed instruction, since the latter was applicable only to the staff of CFMU, a body to which he does not belong. Insofar as he pleads in his capacity as trade union leader, he would be entitled to file a complaint with the Tribunal only on the basis of his personal employment relationship with the Agency - for instance by challenging measures which concern him personally on account of his duties - but not in order to defend the collective interests of trade union members. On this point the Tribunal refers to consistent precedent (see, for instance, Judgment 1542 delivered on 11 July 1996)."
Reference(s)
ILOAT Judgment(s): 1542
Keywords:
administrative instruction; cause of action; collective rights; locus standi; staff representative;
Judgment 2279
96th Session, 2004
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4(b)
Extract:
As regards receivability of a complaint challenging an administrative circular, "A distinction needs to be drawn [...] between instructions whose purpose is to tell the Administration how to apply the law, which have no direct bearing on the legal status of staff members, and administrative decisions which impose obligations on staff themselves, particularly decisions affecting an indeterminate number of staff." (in this case, it was an administrative circular dealing with the introduction of an electronic system for recording the attendance of staff members)
Keywords:
administrative instruction; cause of action; complaint; consequence; effect; individual decision; receivability of the complaint; staff member's duties; working hours;
Judgment 2228
95th Session, 2003
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The Staff Committee, which is a statutory body of the organisation, made the facilities derived from its access to the organisation's internal electronic mail system available to the Staff Union. Its access to the system was withdrawn. "The organisation [submits that] the facilities offered to the Staff Committee cannot be made available to the Staff Union without creating confusion with regard to the attribution of roles and responsibilities, even if those in charge of one of these bodies are also, or may be, in charge of the other. This does not mean to say that the unions should not be provided with certain facilities by the organisations. On the contrary, their freedom of expression should not be hampered, as indicated by the Tribunal in Judgment 1547, [...] and unions must clearly be provided with sufficient facilities, within the framework of negotiated agreements or, if need be, administrative regulations, to enable them to carry on their activities. It is legitimate, however, for the organisation to ensure that the facilities made available to a body officially representing the staff as a whole are not misused for the benefit of a union, or any other body having its own assets and representing only part of the staff."
Reference(s)
ILOAT Judgment(s): 1547
Keywords:
administrative instruction; case law; collective bargaining; facilities; freedom of speech; grounds; liability; limits; organisation's duties; purpose; refusal; staff representative; staff union; staff union activity; staff union agreement; written rule;
Judgment 2221
95th Session, 2003
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
"It is well settled that a promotion decision is a discretionary decision which can only be challenged on limited grounds. Moreover, it is settled that mere satisfaction of necessary criteria does not ordinarily confer a right to promotion. [...] It follows that the [competent authorities] were entitled to have regard, in determining whether to backdate the complainant's promotion, to all matters pertaining to his work performance, [including] his staff reports, even though the [applicable] guidelines made no reference to such reports."
Keywords:
administrative instruction; applicable law; case law; competence; consequence; criteria; decision; discretion; elements; exception; grounds; judicial review; limits; organisation; performance report; promotion; qualifications; right;
Judgment 2174
94th Session, 2003
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant "may not in any event rely on the provisions of an administrative circular which does not apply to him."
Keywords:
administrative instruction; applicable law; provision; status of complainant; written rule;
Judgment 2129
93rd Session, 2002
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7-8
Extract:
"A steady line of precedent, such as that cited in Judgment 1786, under 5, confirms that when impugning an individual decision that concerns the staff member directly, the latter may challenge the lawfulness of any general measure [...] In this case, the complainants could have challenged the individual application of [the] Information Circular [fixing the rate of their travel per diem] to each of them as long as that circular remained in force. [And as they] did not expressly challenge the individual application of that circular to them in due time, [they] can no longer impugn it. The fact that [they] thought that they might succeed in negotiating an amicable solution and for that reason chose not to appeal does not justify lifting the time bar that applied."
Reference(s)
ILOAT Judgment(s): 1786
Keywords:
administrative instruction; allowance; case law; cause of action; complaint; enforcement; general decision; grounds; individual decision; internal appeal; official; rate; receivability of the complaint; right of appeal; settlement out of court; time bar; time limit;
Judgment 2120
93rd Session, 2002
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10-11
Extract:
A paragraph of a notice issued by the Organisation's secretariat stipulates that the spouse of a staff member shall normally not be employed in the same department as the staff member. The Tribunal considers that "the provision improperly discriminates between candidates for appointment based on their marital status and family relationship [...]. Discrimination on such grounds is contrary to the Charter of the United Nations, general principles of law and those which govern the international civil service, as well as international instruments on human rights. [...] All forms of improper discrimination are prohibited. What is improper discrimination? It is, at least in the employment context, the drawing of distinctions between staff members or candidates for appointment on the basis of irrelevant personal characteristics. Manifestly, the fact that two staff members may be married to each other is not relevant to their competence or the capacity of either one of them to fulfil their obligations. and, if it is thought that marital or intimate personal relationships between staff members may create management problems, such problems must be dealt with in ways that do not discriminate against either of them as a result of such relationships. The Tribunal notes that [the notice] as it is written, besides being too broad, is not even effective in dealing with the presumed possibility of undue influence or favouritism for it is silent on non-marital intimate relationships. It also fails to deal with marriages taking place after appointment".
Keywords:
administrative instruction; assignment; breach; candidate; competition; definition; difference; equal treatment; family relationship; general principle; grounds; international civil service principles; international instrument; official; organisation; post; provision; publication; qualifications; staff member's duties; terms of appointment; un charter; universal declaration of human rights;
Consideration 9
Extract:
The complainant assumes that the provisions of a notice issued by the Organisation's secretariat, being subordinate legislation, are incompatible with the corresponding provisions of the primary legislation, namely the Staff Rules. The Tribunal considers that the notice "does not merely implement or clarify the Staff Rule; it purports to extend its reach substantially. It cannot stand."
Keywords:
administrative instruction; condition; definition; difference; enforcement; limits; organisation; precedence of rules; provision; publication; purport; purpose; staff regulations and rules;
Judgment 2112
92nd Session, 2002
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7(a)
Extract:
"A decision affecting an official will always be preceded by administrative formalities, but it will become binding on the organisation only when it is notified to the official, in the manner prescribed by the organisation (see Judgment 1560, under 9). Notification may also take some other form as long as it can be inferred from it that the organisation intended to notify the decision. But information about the formalities themselves is clearly not notification. In the interests of clarity it is desirable, and indeed often the practice, for the person concerned by some future decision to be given such information. But to see it as notification of a decision would be wrong and could lead to serious confusion."
Reference(s)
ILOAT Judgment(s): 1560
Keywords:
administrative instruction; binding character; condition; date; decision; definition; duty to inform; effect; formal requirements; purport;
Judgment 2018
90th Session, 2001
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant's appointment was not confirmed after a probationary period and his employment was terminated before the expiry of his fixed-term contract. "The Tribunal finds that the Staff Regulations, Rules and Administrative Directives in force at the time do not contain specific provisions for the non-confirmation of fixed-term appointments during or at the end of a probationary period. The provisions relating to the termination of fixed-term appointments without probationary periods therefore apply."
Keywords:
administrative instruction; analogy; applicable law; contract; fixed-term; no provision; probationary period; refusal; staff regulations and rules; termination of employment; written rule;
Judgment 1500
80th Session, 1996
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The complainant "argues that [the Internal Memorandum] is unlawful because it was not given the sort of publication that he says the case law and several international instruments required. But he did have access to the Memorandum since he asked the Director General [...] to apply it in his favour. So lack of wider publication caused him no injury [...]".
Keywords:
administrative instruction; lack of injury; publication;
Judgment 1148
72nd Session, 1992
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
The complainant objects to the refusal by Eurocontrol's Sickness Fund of her claim to the refund of costs incurred for treatment. The organisation notified this decision to her by an office memorandum and it constituted an individual decision. "The organisation [...] has wide discretion in the matter and may exercise it as it sees fit for the purpose of ensuring the efficiency and financial soundness of its fund. There is more than one legal procedure it may resort to. It may adopt general rules [...] or else it may take individual decisions on particular cases."
Keywords:
administrative instruction; discretion; general decision; health insurance; individual decision; medical expenses;
Judgment 1134
72nd Session, 1992
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In keeping with precedent and with [Article] VII(1) [of the Statute] a complaint will be irreceivable if it challenges a general decision that must ordinarily be put into effect by individual decisions against which internal appeal will lie."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
administrative instruction; condition; general decision; individual decision; internal remedies exhausted; receivability of the complaint; staff union;
Judgment 1131
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal observes that UNESCO's decision to separate the complainant from service after it abolished his post was flawed by the Organization's failure to abide by the rules in Circular No. 1583. The report of the Joint Co-Operation Committee, which was to make a recommendation on the case, gives no evidence of any discussion of the administration's proposals concerning the complainant. What is more, the proposal to freeze his post did not come from the competent authority. A redeployment proposal was rejected without having been discussed or put to the Director-General as required by the circular. As the complainant is not seeking reinstatement, the Tribunal grants him redress for material injury in the amount of one year's full pay.
Keywords:
abolition of post; administrative instruction; advisory body; advisory opinion; competence; consultation; decision-maker; fixed-term; non-renewal of contract; organisation's duties; procedural flaw; reassignment; separation from service;
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