Judgment 2252
95th Session, 2003
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"If the level of salary adjustments is set by a body external to an international organisation, the latter must ensure that the figures proposed comply with the law".
Keywords:
adjustment; coordinated organisations; organisation's duties; salary; scale;
Judgment 2089
92nd Session, 2002
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
From 1986 to 2000 the organisation followed the practice followed by the coordinated organizations in adjusting both salaries and pensions in accordance with both cost-of-living and standard-of-living adjustments. In July 2000 it made a cost-of-living adjustment mandatory for pensions even if no such adjustment is made to salaries, but no provision is made for standard-of-living adjustment to pensions. "It is to no avail that the complainants criticise the effectiveness of the change or the accuracy of the calculations on which it was based, for those are not matters within the Tribunal's competence."
Keywords:
adjustment; amendment to the rules; competence of tribunal; coordinated organisations; cost-of-living increase; iloat; no provision; pension; pension adjustment system; period; practice; reckoning; salary;
Consideration 9
Extract:
From 1986 to 2000 the organisation followed the practice followed by the coordinated organizations in adjusting both salaries and pensions in accordance with both cost-of-living and standard-of-living adjustments. In July 2000 it made a cost-of-living adjustment mandatory for pensions even if no such adjustment is made to salaries, but no provision is made for standard-of-living adjustment to pensions. "It is simply untenable to argue that the [organisation] could, by following the practice of the coordinated organizations in previous years, bind itself to do so for all time [...] There can be no doubt that the same body that had the authority to adopt [the] decision [to follow the practice followed by the coordinated organizations] had equally the authority to decide to withdraw it."
Keywords:
adjustment; amendment to the rules; competence; coordinated organisations; cost-of-living increase; decision quashed; executive body; no provision; organisation's duties; pension; pension adjustment system; period; practice; salary;
Judgment 1912
88th Session, 2000
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"The methodologies adopted by international organisations for setting and adjusting the remuneration of the staff, in principle, must enable results to be obtained that are stable, foreseeable and clearly understood [...] when the applicable method uses an external index, [...] not with a view to requiring the competent body to conform automatically to the index, but only as a simple orientation', which in itself is not a breach of any rights, the staff can only be protected against arbitrariness if the criteria used in deviating from the suggested orientation of the external index are objective, adequate and known to the staff."
Reference(s)
ILOAT Judgment(s): 1821
Keywords:
adjustment; bias; coordinated organisations; cost-of-living increase; criteria; duty to inform; organisation's duties; rule of another organisation; salary; scale;
Judgment 1821
86th Session, 1999
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The principles governing the limits on the discretion of international organisations to set adjustments in staff pay [...] may be concisely stated as follows: (a) An international organisation is free to choose a methodology, system or standard of reference for determining salary adjustments for its staff provided that it meets all other principles of international civil service law [...]. (b) The chosen methodology must ensure that the results are 'stable, foreseeable and clearly understood' [...]. (c) Where the methodology refers to an external standard but grants discretion to the governing body to depart from that standard, the organisation has a duty to state proper reasons for such departure [...]. (d) While the necessity of saving money may be one valid factor to be considered in adjusting salaries provided the method adopted is objective, stable and foreseeable [...], the mere desire to save money at the staff's expense is not by itself a valid reason for departing from an established standard of reference [...]." (See cited case law.)
Keywords:
adjustment; budgetary reasons; case law; condition; coordinated organisations; cost-of-living increase; criteria; discretion; duty to inform; duty to substantiate decision; exception; executive body; good faith; grounds; international civil service principles; limits; organisation's duties; patere legem; rule of another organisation; salary; scale;
Judgment 1682
84th Session, 1998
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"True, Article R 4 1.01 [of the EMBL Staff Regulations] does not commit [the EMBL] to granting [its staff] all the adjustments that apply to the staff of the coordinated organizations. Yet the provision does not leave it quite free to apply only in part, let alone to cast aside altogether, the decisions of those organisations. [...] Of course it may switch to another system or standard of reference [...] but as long as [...] the system [...] holds good [...] the staff are entitled to the safeguards that R 4 1.01 bestows: objective arbitrament and sure figures."
Reference(s)
Organization rules reference: ARTICLE R 4 1.01 OF EMBL STAFF REGULATIONS
Keywords:
adjustment; amendment to the rules; coordinated organisations; organisation's duties; rule of another organisation; safeguard; salary; scale; staff regulations and rules;
Judgment 1641
83rd Session, 1997
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7(c)
Extract:
"Though an organisation must observe acquired rights and keep binding promises, it has broad discretion to amend its Staff Regulations either directly or by incorporating the rules of the common system. In the present economic context and if, like many others, it is in financial straits, it may want to cut costs. There is nothing wrong with the common system's having rules that enable it to do so."
Keywords:
acquired right; amendment to the rules; budgetary reasons; coordinated organisations; discretion; limits; organisation; organisation's duties; organisation's interest; promise; purpose; reduction of salary; staff regulations and rules;
Consideration 2
Extract:
The case concerns the "general methodology" which provides the procedure for the salary surveys done under the auspices of the International Civil Service Commission (ICSC) and which permits adjustments in pay. The ICSC and the United Nations were granted leave to intervene, but the complainants object to the intervention by the UN. "Under Article 13, paragraph 3, of the Rules of the Tribunal the President may allow submissions from a third party." The Tribunal holds that it was appropriate to allow the United Nations to comment, "the aim being to make for uniform application of the rules to the organisations of the United Nations 'common system'."
Reference(s)
ILOAT reference: ARTICLE 13(3) OF THE RULES
Keywords:
adjustment; coordinated organisations; enforcement; icsc decision; iloat statute; inquiry; investigation; organisation; president of the tribunal; rule of another organisation; salary; scale; submissions;
Judgment 1603
82nd Session, 1997
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The International Civil Service Commission "may make recommendations for aligning conditions of service in the common system and may decide on the methods of determining them. Yet the staff may still challenge any action by that body, independent though it be of the organisation that employs them. [...] So the complainants may challenge the lawfulness of the Commission's method [...] even though the FAO has done no more than fall in line."
Keywords:
complaint; coordinated organisations; general decision; icsc decision; receivability of the complaint; recommendation; rule of another organisation; salary; terms of appointment;
Judgment 1520
81st Session, 1996
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The general decisions which the Assembly and Executive Council of the WTO took and which came into effect as announced in the circular affect the complainants' right to legal status in line with the common system, particularly as to the amounts of end-of-service entitlements, notice of dismissal and the general rules on retirement pensions. None of those provisions - some of which have indeed been dropped - directly infringes any of the rights that the complainants are asserting. They may, if they so wish, properly challenge any individual decision that applies to the provisions. Insofar as they are challenging the circular their complaints are therefore irreceivable."
Keywords:
amendment to the rules; cause of action; coordinated organisations; general decision; individual decision; receivability of the complaint; rule of another organisation; staff regulations and rules; terms of appointment;
Judgment 1460
79th Session, 1995
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The system of post adjustment is of no relevance to differences in working hours [between the headquarter cities of the common system], being concerned solely with parity of purchasing power, and is not an appropriate means of securing compensation for differences in working hours between duty stations. The system makes no provision for such equalisation of working hours."
Keywords:
coordinated organisations; duty station; headquarters; post adjustment; professional category; salary; working hours;
Judgment 1446
79th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
It is "worth recalling [...] that the increases at issue [...] offend against the norms of the 'common system', which are binding on any organisation that belongs: see Judgments 1239, [...] under 7 and 8, and 1265, [...] under 36."
Reference(s)
ILOAT Judgment(s): 1239, 1265
Keywords:
applicable law; binding character; case law; coordinated organisations; rule of another organisation;
Judgment 1370
77th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant changed categories. "[T]he fall in the complainant's earnings is due to factors which are beyond the Union's control inasmuch as they derive from the [United Nations] common system. The ITU was under no duty to reverse a decision which the complainant had consented to and which, until 1991 at any rate, was to his financial advantage."
Keywords:
acceptance; amount; cause; coordinated organisations; decision; difference; lack of injury; organisation's duties; salary;
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 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 1326
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 13-14
Extract:
The complainant alleges breach of his right to a termination indemnity because his post was abolished by the ITU. The Tribunal holds that he was not dismissed but transferred from the ITU to another organisation under the inter-organization agreement concerning transfer, secondment or loan of staff among the organizations of the United Nations common system. Since his leaving the ITU did not result from the abolition of his post, he is not entitled to a termination indemnity.
Keywords:
abolition of post; coordinated organisations; inter-agency agreement; right; secondment; separation from service; terminal entitlements; termination of employment;
Judgment 1317
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 22-23
Extract:
The ITU, relying on material provisions in the Staff Regulations and Rules, argues that the complainant's fixed-term appointment automatically expired when his contract ran out and that it had no need to take a decision on non-renewal. The Tribunal, having made clear that those provisions "have counterparts in the Staff Regulations and Staff Rules of several other international organisations", holds that its ruling on this case "must be in line with what proves to be an important feature of the common law of international organisations, or at least of those that define contracts by category in determining relations with their employees. [...] Consistent precedent has it that [...] a fixed-term contract", even a temporary one, "is to be treated as a distinct and challengeable administrative decision."
Keywords:
case law; contract; coordinated organisations; decision; fixed-term; law of contract; non-renewal of contract; notice; rule of another organisation; staff regulations and rules;
Judgment 1303
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant's objection to the amount of pay he is getting rests on principles of law applicable within the United Nations family of organisations. He submits that such principles take priority over his organization's own staff rules. He wants the Tribunal to order the review of an ITU rule on pay policy. "The claim [...] must fail because the Tribunal does not have competence to make such an order."
Reference(s)
ILOAT reference: ARTICLE II(5) OF THE STATUTE
Keywords:
amendment to the rules; competence of tribunal; coordinated organisations; iloat statute; international civil service principles; salary; staff regulations and rules;
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 1266
75th Session, 1993
International Union for the Protection of New Varieties of Plants
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
Vide Judgment 1265, consideration 21.
Reference(s)
ILOAT Judgment(s): 382, 825
Keywords:
adjustment; case law; coordinated organisations; general service category; icsc decision; local status; organisation's duties; reckoning; right of appeal; salary; scale; tribunal;
Consideration 24
Extract:
Vide Judgment 1265, consideration 24.
Keywords:
adjustment; competence of tribunal; coordinated organisations; declaration of recognition; general service category; icsc decision; local status; official; organisation's duties; reckoning; right of appeal; salary; scale; written rule;
Consideration 23
Extract:
Vide Judgment 1265, consideration 23.
Reference(s)
ILOAT Judgment(s): 1197
Keywords:
adjustment; adversarial proceedings; coordinated organisations; duty to inform; general service category; icsc decision; local status; organisation's duties; reckoning; salary; scale; tribunal;
Judgment 1265
75th Session, 1993
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "Insofar as such standards are found to be flawed they may not be imposed on the staff and WIPO must if need be replace them with provisions that comply with the law of the international civil service. That is an essential feature of the principles governing the international legal system the Tribunal is called upon to safeguard. It is therefore plain that the complainants' rights to judicial process are safeguarded by the defendant organization's recognition of the Tribunal's jurisdiction. Such jurisdiction may not be restricted by the introduction into the organization's Staff Regulations or Rules adopted by bodies outside the Tribunal's competence."
Keywords:
adjustment; competence of tribunal; coordinated organisations; declaration of recognition; general service category; icsc decision; international civil service principles; judicial review; local status; official; organisation's duties; reckoning; right of appeal; salary; scale; staff member's interest; written rule;
Consideration 21
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of its staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The organization, having thus complied with the obligations it derives from membership of the common system, "may not in that way decline or limit its own responsibility towards the members of its staff or lessen the degree of judicial protection it owes them. The Tribunal has already had occasion to speak of that responsibility and to stress the duty of any organisation that introduces elements of the common system or any other outside system into its own rules to make sure that the texts it thereby imports are lawful: see Judgment 825 [...], under 18, which in turn refers to Judgment 382 [...], under 6."
Reference(s)
ILOAT Judgment(s): 382, 825
Keywords:
adjustment; case law; coordinated organisations; general service category; icsc decision; judicial review; local status; organisation's duties; reckoning; right of appeal; salary; scale;
Consideration 23
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organistions whose headquarters are in Geneva. WIPO says it is unable to submit any comments on the complainants arguments because it lacked authority to set the salary scales. Having done what was required to import the challenged scale in full into WIPO's own rules and thereby endorsed the ICSC's decisions without qualification, the Director General then "took up an unhelpful posture and thereby prevented before the Tribunal the adversarial pleadings that are an essential feature of judicial process and, besides, indispensable for providing the Tribunal with adequate information: see Judgment 1197 [...], under 13 and 14."
Reference(s)
ILOAT Judgment(s): 1197
Keywords:
adjustment; adversarial proceedings; coordinated organisations; duty to inform; general service category; icsc decision; judicial review; local status; organisation's duties; reckoning; salary; scale;
