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 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 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 2
Extract:
The complainant lost her non-local status, which was linked to nationality, through marriage. In contesting the validity of the newly applied rule, she alleges "sex discrimination, category discrimination [and] lack of agreement with the staff council [...] The Tribunal holds that, even if the allegation was well founded in fact, it would not affect the validity of [the rule] inasmuch as the Director-General by making the rule would not be exceeding the powers conferred upon him under [...] the general rules of the organization."
Keywords:
amendment to the rules; equal treatment; local status; marital status; nationality; non-local status; provision; sex discrimination; staff regulations and rules;
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;
Judgment 167
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 168, consideration 3.
Reference(s)
ILOAT Judgment(s): 168
Keywords:
condition; contract; duty to inform; enforcement; provision; staff regulations and rules; terms of appointment;
Consideration 2
Extract:
Vide Judgment 168, consideration 2.
Reference(s)
ILOAT Judgment(s): 168
Keywords:
amendment to the rules; equal treatment; local status; marital status; nationality; non-local status; provision; sex discrimination; staff regulations and rules;
Consideration 3
Extract:
Vide Judgment 168, consideration 3.
Reference(s)
ILOAT Judgment(s): 168
Keywords:
acquired right; amendment to the rules; contract; enforcement; local status; non-local status; provision; staff regulations and rules;
Judgment 162
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The investigation [...] aimed at identifying the persons responsible for breaking the rules of the organization [...] was necessarily followed by the sanctions provided for in those rules. The investigation was therefore entrusted to the agents of the organization itself rather than to the authorities of the State in which the complainant was employed. The rules of the organization itself alone were applicable, and not any national legislation." [The case involves participation in the traffic of foreign currency.]
Keywords:
applicable law; disciplinary measure; domestic law; enforcement; inquiry; investigation; misconduct; staff regulations and rules;
Judgment 161
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
applicable law; disciplinary measure; domestic law; enforcement; inquiry; investigation; serious misconduct; staff regulations and rules;
Judgment 160
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
applicable law; disciplinary measure; domestic law; enforcement; inquiry; investigation; serious misconduct; staff regulations and rules;
Judgment 159
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
applicable law; disciplinary measure; domestic law; enforcement; inquiry; investigation; serious misconduct; staff regulations and rules;
Judgment 136
22nd Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant was suspended from his duties on the ground that he allegedly misused office facilities to spread unfounded allegations. "This suspension does not fall within any of the cases [covered by the Staff Regulations] and, in the particular circumstances of the case, is in fact a disciplinary measure. The organization has therefore committed a breach of contract by suspending [the] complainant otherwise than in accordance with the Staff Regulations".
Keywords:
breach; disciplinary measure; disciplinary procedure; duty of discretion; hidden disciplinary measure; misconduct; provision; staff regulations and rules; suspension;
Judgment 123
20th Session, 1968
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Tribunal considers that within the meaning of [the applicable provision] two years of continuous service must be interpreted as a period of service as a staff member covered by the Staff Regulations and Rules." The complainant was so covered only by some of his contracts.
Keywords:
enforcement; interpretation; right; staff regulations and rules; time limit;
Judgment 121
20th Session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The organization has [...] committed a breach of contract by suspending the complainant otherwise than in accordance with the Staff Regulations. Since his emoluments have been fully paid, he has suffered no material damage, but he has suffered moral damage. He is entitled to compensation for the distress caused by the abrupt way in which he was treated, tantamount in its form to summary dismissal, and for the injury done to his reputation and to his prospects of obtaining other employment."
Keywords:
breach; flaw; injury; moral injury; professional injury; provision; respect for dignity; staff regulations and rules; summary dismissal; suspension;
Judgment 113
18th Session, 1967
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"As a general rule, amendments made to the Staff Regulations by the competent authority apply forthwith to serving staff members. It is otherwise, however, when the Regulations themselves lay down that the status of staff members in any particular respect is finally settled at a specific date."
Keywords:
acquired right; amendment to the rules; enforcement; exception; provision; staff regulations and rules;
Judgment 106
17th Session, 1967
United International Bureaux for the Protection of Intellectual Property
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5(B)
Extract:
"The Director [...] was entitled to undertake a general reclassification of staff members within the prescribed grades at the time the new system was introduced, and [...] for the purpose of this reclassification the duties formerly performed by the staff members concerned had to be taken into account, but only as one factor among others."
Keywords:
amendment to the rules; organisation's duties; post classification; reorganisation; staff regulations and rules;
Judgment 103
17th Session, 1967
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant seeks to have a general administrative instruction making various amendments to the Staff Regulations set aside, "without adducing any decision applying any one of these amendments to his particular case. Thus he does not allege non-compliance with any of the terms of his contract of employment, nor, in general, any violation of his official status." The Tribunal is not competent to hear the complaint.
Keywords:
administrative instruction; amendment to the rules; application for quashing; competence of tribunal; enforcement; general decision; individual decision; staff regulations and rules;
Judgment 96
16th Session, 1966
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"While complainants have an absolute right to apply to the Administrative Tribunal, within the jurisdiction assigned to it, without any restriction and are allowed great freedom in supporting their claims, both in form and in substance, this right and this freedom are granted to ensure respect for their terms of appointment."
Keywords:
enforcement; purpose; right of appeal; safeguard; staff member's interest; staff regulations and rules;
Judgment 92
16th Session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
When a complainant seeks to have a general provision abrogated, "the Administrative Tribunal must confine itself to considering the legality of the provision and, if it is found to be invalid, to rescinding the decision by which it was applied or the consequential decisions [...]. The Tribunal must consider whether [the material provision] is in contradiction with a general principle of law, and if so, whether the decision impugned should consequently be rescinded."
Keywords:
application for quashing; competence of tribunal; enforcement; general decision; general principle; individual decision; judicial review; provision; staff regulations and rules;
Judgment 90
15th Session, 1965
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was dismissed without advance notice in violation of the applicable provision. The decision is quashed.
Keywords:
breach; decision quashed; organisation's duties; provision; staff regulations and rules; termination of employment; unsatisfactory service; warning;
Judgment 87
15th Session, 1965
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"If the administrative authorities of [the organization] consider that an official has behaved improperly, they are normally required to follow the disciplinary procedure laid down by [the applicable text], which provides specific safeguards for the official concerned. Consequently, by reason of its severity and of the fact that no formalities are prescribed for its application summary dismissal must necessarily be an exceptional measure which can be allowed only under an express provision and in accordance with the terms of such provision."
Keywords:
disciplinary procedure; enforcement; exception; misconduct; provision; safeguard; serious misconduct; staff regulations and rules; termination of employment;
Judgment 81
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The aim of the complaint is to contest, not that the regulations in force at the time of the death were correctly applied, but the validity of the bases on which the amount of the widow's pension was calculated resulting from the application of the new pension arrangement. In the opinion of the complainant, the new arrangement adversely affected the balance of contracted obligations of her husband and infringed the essential terms in consideration of which he had accepted appointment. The validity of the applicable statutory provisions is thus questioned as regards terms of appointment and the legality of the decision which made these provisions applicable in his particular case.
Keywords:
acquired right; amendment to the rules; amount; pension; pension entitlements; staff regulations and rules; successor; survivor's benefit; terms of appointment;
Judgment 80
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Far from citing any non-compliance with the texts in force on the date when her pension became payable, "the complainant asserts that the impugned decision is illegal in that it makes her subject to a system which alters the balance of contractual obligations with respect to her and infringes the conditions which induced her to accept service with [the organisation]". She therefore challenges the validity of the applicable regulations with respect to the conditions of her appointment and the legality of the decision by virtue of which these decisions were made applicable to her individually.
Keywords:
acquired right; amendment to the rules; pension; pension entitlements; provision; staff regulations and rules; terms of appointment;
Consideration 5
Extract:
Decisions of a general nature "could be contested before the Tribunal only within the period of 90 days specified in Article VII, paragraph 2, of the Statute of the Tribunal [...]. The said decisions were not contested within the required time; they became final so far as the complainant is concerned and irrevocably modified, prior to the date on which her pension rights were settled, both the terms of her contract of appointment and the regulations applicable in her case."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE
Keywords:
amendment to the rules; complaint; general decision; pension; pension entitlements; provision; receivability of the complaint; staff regulations and rules; time bar; time limit;
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