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 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
Vide Judgment 381, consideration 8.
Reference(s)
ILOAT Judgment(s): 381
Keywords:
collective bargaining; consultation; enforcement; organisation's duties; provision; staff regulations and rules;
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 372
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"A right is acquired when he who has it may require that it be respected notwithstanding any amendment to the Rules. It may be either a right which is laid down in a provision of the Staff Regulations or Staff Rules and which is of decisive importance to a candidate for appointment, or a right which arises under an express or implied provision of an official's contract of appointment and which the parties intend should be inviolate."
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Judgment 371
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 372, consideration 4.
Reference(s)
ILOAT Judgment(s): 372
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Consideration 7
Extract:
"The provisions which lay down the conditions governing promotion do not confer any acquired rights on a staff member because, when he takes up his appointment, he cannot foresee how he will fare in his career. On the contrary, those provisions are subject to amendment and the staff member must expect such amendment."
Keywords:
acquired right; amendment to the rules; career; promotion; provision; staff regulations and rules; terms of appointment;
Consideration 5
Extract:
According to the organisation, the Staff Regulations were not amended but replaced by other Staff Regulations. Hence the Tribunal may not decide to apply the former provisions which are no longer in force. "If a complainant is justified [...] what the Tribunal will do is to treat those provisions as part of the contract of appointment and apply them as such, and award damages for any breach of them."
Keywords:
amendment to the rules; competence of tribunal; judicial review; merger; organisation; staff regulations and rules; terms of appointment;
Judgment 370
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The decision not to promote the complainant is a matter of discretion. In this case, the Tribunal notes that the Director-General did not abuse his discretionary authority. "Moreover, the effects of the decision not to promote the complainant derive from the relevant rules. However detrimental the complainant may find them, they afford no reason for promoting him."
Keywords:
discretion; enforcement; judicial review; promotion; provision; staff regulations and rules;
Judgment 369
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Vide Judgment 372, consideration 4.
Reference(s)
ILOAT Judgment(s): 372
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Consideration 3
Extract:
The Tribunal's Statute limits its competence to review of individual cases. "Hence the Tribunal may not hear an application for the repeal or amendment of a provision of the Staff Regulations or Staff Rules. If it heard such a complaint it would be passing judgment on matters which fall outside the context of an individual case and would therefore be exceeding the competence conferred on it by its Statute."
Keywords:
amendment to the rules; application for quashing; competence of tribunal; general decision; individual decision; provision; staff regulations and rules;
Judgment 368
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Vide Judgment 372, consideration 4.
Reference(s)
ILOAT Judgment(s): 372
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Judgment 366
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"A right is acquired when he who has it may require that it be respected notwithstanding any amendment to the rules. In particular, it may be either a right which arises under an official's contract of appointment and which both parties intend should be inviolate, or a right which is laid down in a provision of the Staff Regulations or Staff Rules and which is of decisive importance to a candidate for appointment."
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Consideration 3
Extract:
"Where a provision of the Staff Regulations is amended the Tribunal may order the defendant organisation to apply the old text and not the new. So, too, when provisions of staff regulations are amended so as to comply with clauses in an international agreement(*) the Tribunal may order the application of the former rather than the latter" and is therefore competent. (*) which provides for the IPI's integration in the EPO
Keywords:
amendment to the rules; competence of tribunal; enforcement; international instrument; merger; provision; staff regulations and rules;
Consideration 9
Extract:
"[T]he acquired right to promotion is merely the possibility of advancement because it is only on the strength of such a possibility that a staff member may have accepted appointment. The provisions which lay down the conditions governing promotion do not confer any acquired rights on a staff member because, when he takes up his appointment, he cannot foresee how he will fare in his career. On the contrary, those provisions are subject to amendment and the staff member must expect such amendment."
Keywords:
acquired right; amendment to the rules; career; promotion; provision; staff regulations and rules;
Judgment 365
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Vide Judgment 366, consideration 6.
Reference(s)
ILOAT Judgment(s): 366
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Consideration 4
Extract:
Vide Judgment 366, consideration 3.
Reference(s)
ILOAT Judgment(s): 366
Keywords:
amendment to the rules; competence of tribunal; enforcement; international instrument; merger; provision; staff regulations and rules;
Consideration 9
Extract:
Vide Judgment 366, consideration 9.
Reference(s)
ILOAT Judgment(s): 366
Keywords:
acquired right; amendment to the rules; career; promotion; provision; staff regulations and rules;
Judgment 357
41st Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
One may ask whether the application of the former text is "warranted by the rule precluding retroactivity, which removes from the ambit of new law facts and events which were completed by the time that law came into force. Insofar as the accumulated annual leave in the present case became due before [the implementation of the new provision], is there not a completed set of facts which [...] continues to be subject to the former law ?" The Tribunal need not settle the point.
Keywords:
amendment to the rules; general principle; non-retroactivity; provision; staff regulations and rules;
Consideration 2
Extract:
"A staff member may derive an acquired right either from a clause of his contract of appointment or from a provision of the Staff Regulations or the Staff Rules which was important enough to affect the mind of the ordinary applicant when he was considering joining the staff of the organisation." [In the instant case, the provision on compensation for accumulated leave was modified; but there is nothing to suggest that an applicant for a position on the staff would have joined the organisation in reliance on the earlier rule.]
Keywords:
acquired right; amendment to the rules; commutation of accrued leave; contract; provision; staff regulations and rules;
Judgment 351
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant was informed on 28 June that her appointment, which was to expire on 30 September, would not be extended. On 30 June she applied for prenatal and postnatal leave, expecting her confinement on 22 October. The Director saw no objection to extending her appointment to the date of expiry of her maternity leave. The complainant was prematurely confined on 9 August. As a consequence of this new fact the organization granted her postnatal leave of 12 weeks and extended her appointment to 31 October. The complainant suffered no prejudice; the organization not only committed no impropriety but correctly applied the relevant provisions of the Staff Rules.
Keywords:
contract; enforcement; extension of contract; fixed-term; maternity leave; non-renewal of contract; staff regulations and rules;
Judgment 349
40th Session, 1978
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 35
Extract:
"In appropriate cases in which a complainant has obtained relief against an organisation, it is the practice of the Tribunal to order the organisation to pay to the complainant a fixed sum in respect of his legal costs." Under a provision of the Staff Regulations, "the complainant is entitled to present a claim to the organisation and to be reimbursed any costs which he has reasonably incurred in the proceedings. It would not therefore be appropriate for the Tribunal to make any order for costs until after the complainant has exhausted his rights under the Regulation."
Keywords:
enforcement; staff regulations and rules;
Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The dispute turns on whether or not a contract was concluded. "The question whether the present case is within the Staff Regulation depends on whether a person whom the organization had agreed to appoint formally as a staff member is to be deemed to be de facto a staff member within the meaning of the Regulation."
Keywords:
contract; enforcement; offer; offer withdrawn; organisation; staff regulations and rules; status of complainant;
Judgment 323
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
"Many of the obligations put upon the organization by the [Staff] Regulations are in general terms, leaving the organization free to choose its own method of discharging them. [...] Once it is settled, [the method] becomes, until it is altered, part of the obligation. [...] Until [a] change is made, an official is entitled to have the obligation discharged in the manner selected by the organization itself [...]."
Keywords:
amendment to the rules; discretion; enforcement; organisation's duties; practice; staff regulations and rules;
Consideration 26
Extract:
"The conception of a legislative enactment, insofar as it applies to matters within the jurisdiction of the Tribunal, means the power to alter unilaterally by general enactment the relationship created by the contract. The Tribunal has recognised this power to the extent that it may affect those terms of the contract which appertain to the structure and functioning of the international civil service and to benefits of an impersonal nature and subject to variation, but not the the extent to which it purports to affect the individual terms and conditions of an official in consideration of which he accepted appointment."
Keywords:
acquired right; amendment to the rules; contract; discretion; judicial review; legislative body; limits; staff regulations and rules;
Judgment 322
39th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"In accordance with Article II of its Statute the Tribunal hears complaints of breach of terms of appointment or of Staff Regulations and Staff Rules. In reaching its decisions it construes such texts by the accepted methods of legal interpretation."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
Keywords:
competence of tribunal; contract; iloat statute; staff regulations and rules;
Judgment 319
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
FAO Manual Section 311.112 provides for the possibility of a staff member's status at the time of recruitment to be modified at a later stage. In context this "is an introductory provision or recital to be distinguished from an operative rule; it is informative and not normative. This is shown also by its language. It neither itself requires anything to be done nor confers a power of command on any person. It is merely pointing out [...] that a change of status may be caused by a number of factors [...]."
Reference(s)
Organization rules reference: PARAGRAPH 311.112 FAO MANUAL
Keywords:
amendment to the rules; condition; criteria; local status; non-local status; provision; staff regulations and rules; status of complainant;
Judgment 317
39th Session, 1977
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal will never comment on the validity of the rules applied [...]. The validity of rules is not subject to review by the Tribunal, which is competent only to review decisions - in other words, individual and specific acts."
Keywords:
competence of tribunal; individual decision; staff regulations and rules;
Judgment 308
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"If [...] the complainants want general and non-specific measures in the form of new rules, the claim is [...] irreceivable, since the Tribunal is competent to correct breaches of terms of appointment or provisions of the Staff Regulations, not to order the adoption of new rules."
Keywords:
amendment to the rules; competence of tribunal; complainant; request by a party; staff regulations and rules;
Judgment 294
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"it is unnecessary to determine whether the council's decision automatically amended the rule to which the old salary schedule was attached... it is not to be expected that the council would itself consider and provide in detail for all the implications of the change. the council's function in relation to the staff is to settle or approve fundamental conditions of service and basic rights, duties and obligations..."
Keywords:
amendment to the rules; competence; decision; executive body; salary; scale; staff regulations and rules; terms of appointment;
Consideration 8
Extract:
The complainant reached the highest step in her grade some years ago. An amendment was adopted introducing three new steps in her grade. She should obtain the successive increments on the date at which she fulfilled the requisite conditions. The Director-General should take steps to ensure that a) the complainant is treated as if at the time the modification was implemented she had been at step XIV for a period of five months and b) each intervener is treated in the same way, according to length of service.
Keywords:
amendment to the rules; date; effective date; enforcement; grade; increment; staff regulations and rules; top step;
Consideration 7
Extract:
The Director-General "is under an obligation to use his powers so as to ensure that an amendment authorised by the Council does not in its application result in inequality of treatment which the Council cannot be supposed to have intended."
Keywords:
amendment to the rules; competence; equal treatment; executive head; staff regulations and rules;
Judgment 293
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"It is not disputed that [...] the council of the organization could by means of a resolution supplement or amend the Staff Regulations without prejudice to the acquired rights of staff members."
Keywords:
acquired right; amendment to the rules; competence; decision; executive body; staff regulations and rules;
Judgment 292
38th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The question before the Tribunal is whether a document intended to determine how the provisions of a rule are to be applied may impose conditions not in the original rule. The Tribunal holds that it may not.
Keywords:
administrative instruction; enforcement; precedence of rules; provision; staff regulations and rules;
Consideration 17
Extract:
The Tribunal will not rule whether a rule of application can be amended by an office notice. "It will assume for the purposes of this case that a valid amendment can be made by office notice, provided that: a) the document containing the amendment is made by the Director-General himself; b) the intention to amend is made clear in the document; c) the amendment is clear in its effect; d) the amendment is not deemed effective to deprive an official of essential acquired rights."
Keywords:
acquired right; administrative instruction; amendment to the rules; competence; competence of tribunal; condition; executive head; judicial review; staff regulations and rules;
Consideration 18
Extract:
"A change in the conditions of remuneration is not an ordinary administrative matter; it is something which the Director-General is expected to consider and decide himself. In the absence of [words to that effect] it is not therefore to be supposed that the power to amend [rules] is one which the Director-General can delegate. [The relevant article] specifies that in individual cases the application of the Staff Regulations may be delegated, but there is no similar provision in respect of the making of general rules."
Keywords:
amendment to the rules; competence; decision-maker; delegated authority; executive head; no provision; salary; staff regulations and rules;
Consideration 20
Extract:
"An office notice is the instrument by which the administration communicates in general terms with the staff membership. It may be used for many purposes besides the amendment of the rules of application. In order to be effective as an amendment it must therefore be made clear on the document itself that amendment is its purpose."
Keywords:
administrative instruction; amendment to the rules; condition; effect; purpose; staff regulations and rules;
Consideration 15
Extract:
"If it is to be granted that the power to make a rule must embrace a power to amend it, then the Director-General could unilaterally amend Rule No. 7, but only by the exercise of his rule-making power. There is no document in the dossier [which explicitly shows him to have exercised] such a power."
Keywords:
adoption; amendment to the rules; competence; decision-maker; executive head; provision; staff regulations and rules;
Considerations 16-17
Extract:
Under the material article "general provisions for giving effect to the regulations are to be settled by rules, instructions and office notices made by the Director-General. [...] is it the intention of [this article] to put on a par with the rules of application a miscellaneous collection of office notices? If they are contradictory of the rules, which are to prevail ? [...] The Tribunal will not attempt to answer all these questions [...] nor to decide to what extent, if at all, a rule of application can be amended by an office notice".
Keywords:
administrative instruction; difference; judicial review; precedence of rules; staff regulations and rules;
Consideration 18
Extract:
"In the absence of [words to that effect] it is not [...] to be supposed that the power to amend [the] rule [respecting conditions of remuneration] is one which the Director-General can delegate. [The material provision] specifies that in individual cases the application of staff regulations may be delegated, but there is no similar provision in respect of the making of general rules."
Keywords:
amendment to the rules; competence; delegated authority; no provision; provision; staff regulations and rules;
Consideration 22
Extract:
The instructions "take the form of a new and contradictory text; they do not make it clear what part of the old text is superseded and what part retained. [...] The fact [...] that documents were being signed indiscriminately by the Director-General and the director p. and a. strongly suggests that the formality appropriate to an amendment was not being contemplated at all. The fact that language appropriate to amendment was not being used suggests the same thing. [...] The effect of the instructions is not to amend [the] article but to apply its provisions."
Keywords:
administrative instruction; amendment to the rules; effect; enforcement; formal requirements; provision; staff regulations and rules;
Consideration 12
Extract:
The article was amended by an office note. "The complainant's request for an interpretation of [the article] is a request for a decision relating to him; it may be made at any time and is not subject to any time limit. [The administration] never gave any decision upon the interpretation of [this] article [...] or upon the relationship to it of the office notices; this [...] is the substantial question in this case."
Keywords:
administrative instruction; amendment to the rules; decision; failure to answer claim; interpretation; provision; receivability of the complaint; request by a party; staff regulations and rules; time limit;
Consideration 25
Extract:
" [I]t is within the power of the Director-General to lay down by means of an instruction criteria for determining what is or is not 'reasonably near', provided that in doing so he has proper regard to the nature and purpose of the [material provision]. [...] He must be guided by accessibility for school children [...] to lay down [...] that for every official [...] every school within a radius of 50 kilometers [...] is to be deemed accessible is not a proper exercise of the power. Accordingly the provision to this effect [...] is not binding upon the complainant."
Keywords:
administrative instruction; competence; condition; criteria; education expenses; enforcement; executive head; interpretation; provision; refund; staff regulations and rules;
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