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 2089
92nd Session, 2002
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The true thrust of the complainants' case, and the only aspect which requires serious consideration, is that the amendment breaches certain of their acquired rights. The complainants lay particular emphasis on Judgment 61 in which the Tribunal stated the following:
"12. The terms of appointment of international civil servants and, in particular, those of the officials of the [Organisation], derive both from the stipulations of a strictly individual character in their contract of appointment and from Staff Regulations and Rules, which the contract of employment by reference incorporates. Owing, inter alia, to their increasing complexity, the conditions of service mainly appear not amongst the stipulations specifically set out in the contract of appointment but in the provisions of the above-mentioned Staff Regulations and Rules. The Staff Regulations and Rules contain in effect two types of provisions, the nature of which differs according to the objects to which they are directed. It is necessary to distinguish, on the one hand provisions which appertain to the structure and functioning of the international civil service and the benefits of an impersonal nature and subject to variation, and, on the other hand, provisions which appertain to the individual terms and conditions of an official, in consideration of which he accepted appointment. Provisions of the first type are statutory in character and may be modified at any time in the interest of the service, subject, nevertheless, to the principle of non-retroactivity and to such limitations as the competent authority itself may place upon its powers to modify them. Conversely, provisions of the second type should to a large extent be assimilated to contractual stipulations. Hence, if the efficient functioning of the organisation in the general interest of the international community requires that the latter type of provisions should not be frozen at the date of appointment and continue so for its entire duration, such provisions may be modified in respect of a serving official and without his consent but only in so far as modification does not adversely affect the balance of contractual obligations or infringe the essential terms in
consideration of which the official accepted appointment."
Reference(s)
ILOAT Judgment(s): 61
Keywords:
amendment to the rules; staff regulations and rules;
Judgment 2088
92nd Session, 2002
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
The complainant seeks "a termination indemnity under Rule 109.5 which does not deal with indemnities. These are in fact dealt with under 109.7 [...] the question of a termination indemnity was not argued before the Tribunal probably because the complainant did not cite the number of the Staff Rule correctly. The Tribunal considers that the question of a claim under 109.7 (mistakenly referred to as 109.5) should be returned to the parties for argument on this single issue".
Reference(s)
Organization rules reference: UNESCO STAFF RULE 109.5 UNESCO STAFF RULE 109.7
Keywords:
adversarial proceedings; complainant; enforcement; iloat; provision; remand; request by a party; staff regulations and rules; terminal entitlements;
Judgment 2081
92nd Session, 2002
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Consistent precedent has it that an organisation is ordinarily free to determine the pay of its staff, provided that it respects certain requirements arising from general principles of international civil service law [...] Furthermore, if the organisation has a rule granting certain rights to staff members in relation to their level of salary, it may not depart from that rule in individual decisions without amending it in accordance with the prescribed procedure."
Keywords:
amendment to the rules; amount; case law; condition; discretion; formal requirements; general principle; individual decision; international civil service principles; official; organisation; organisation's duties; provision; right; salary; staff regulations and rules;
Judgment 2080
92nd Session, 2002
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant's contract was not renewed upon expiry. "Interim Staff Rule 4.4.02(b) provides that separation as a result of the expiration of an appointment shall not be regarded as a termination [...] Rule 9.1.01(b) defines termination [...] as any separation initiated by the Director-General, other than the expiration of a contract. Therefore, the question of any termination indemnity payable to the complainant does not arise."
Reference(s)
Organization rules reference: OPCW INTERIM STAFF RULE 4.4.02(B), OPCW INTERIM STAFF RULE 9.1.01(B)
Keywords:
consequence; contract; decision; definition; difference; executive head; non-renewal of contract; official; provision; separation from service; staff regulations and rules; terminal entitlements; termination of employment;
Judgment 2069
91st Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant, whose duty station is The Hague, assisted a colleague at an appeals committee hearing in Berlin, as allowed by the Service Regulations. He asks for an additional day's leave to compensate for the day's leave he had to take to go to Berlin. "Neither the texts cited, nor the defendant's arguments, nor the circumstances of the case afford proper grounds for the assertion that the complainant had to deduct a day from his annual leave in order to assent to his colleague's request for assistance."
Keywords:
annual leave; compensatory leave; duty station; internal appeals body; procedure before the tribunal; request by a party; staff regulations and rules; staff representative; written rule;
Judgment 2054
91st Session, 2001
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The Tribunal is unable to agree with the complainant that as a disabled former staff member he is entitled to a right to reassignment. There is no basis in the Staff Regulations for conferring on him a preferential status. As with any job applicant, he has to follow the procedures and apply for any desired vacant post. To rule otherwise would, in effect, introduce an amendment to the applicable rules to unduly favour disabled former staff members. As the Tribunal has held in Judgment 637 [...] the staff (much less former employees) 'may not demand amendment of the rules governing their employment'."
Reference(s)
ILOAT Judgment(s): 637
Keywords:
amendment to the rules; candidate; competition; handicapped person; priority; reassignment; right; separation from service; staff regulations and rules; vacancy;
Judgment 2053
91st Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant was on leave without pay for a period of 2 years and 8 months. There being no suitable post at the end of this period, this leave was extended for another 2 years. "What the complainant asked for [at the date of her reintegration] was the recalculation of her reckonable experience and her grade; in other words she was seeking promotion as a result of experience gained while on unpaid leave. Promotion is carefully regulated under Article 49 [of the Service Regulations]. This article provides for six different types of promotion, but there is no provision for promotion for having gained additional experience while on leave. Nor is there provision for any recalculation of the calculation made on recruitment. This claim fails."
Reference(s)
Organization rules reference: ARTICLE 49 OF THE SERVICE REGULATIONS
Keywords:
grade; professional experience; promotion; reckoning; special leave; staff regulations and rules;
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 2006
90th Session, 2001
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant contends that based on a recently published circular, his promotion should have been made retroactive to the date he took up his new duties. "However, to give retroactive effect to [the] circular would not be possible since according to customary methods of interpretation any action prescribed in a text is deemed to be of immediate effect. There is no presumption of retroactive effect.' (Judgment 742 [...]). Indeed, there can be no retroactive application of the rights sought by the complainant, and his status results only from the publication of the circular in question. The charge of arbitrariness would be tenable if there were no basis for applying the circular to the case of the complainant, but, as shown above, the scope of the text explicitly covered his situation."
Reference(s)
ILOAT Judgment(s): 742
Keywords:
bias; date; effective date; general principle; interpretation; non-retroactivity; promotion; publication; right; staff regulations and rules; written rule;
Judgment 1996
89th Session, 2000
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
"In Judgment 1821 the Tribunal recalled that where a 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 (see Judgment 1682 [...]). [...] However, departure from the index given as an orientation in the Staff Regulations requires more than just a statement of proper reasons. In order to protect staff against arbitrariness, the criteria relied on to deviate from the orientation suggested by the external index must be objective, adequate and known to the staff (see Judgment 1912, under 15)."
Reference(s)
ILOAT Judgment(s): 1682, 1821, 1912
Keywords:
amendment to the rules; breach; burden of proof; criteria; duty to substantiate decision; interpretation; rule of another organisation; staff regulations and rules;
Judgment 1992
89th Session, 2000
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainants argue that the organization did not follow the same practice in implementing its new salary scale as that followed by other United Nations agencies in New Delhi [...] Apart from the fact that the complainants have not produced persuasive evidence as to the practice of other agencies (such evidence as there is, in fact, appears to be to the contrary) the practice of other agencies is irrelevant. If the organization has acted properly and in accordance with the applicable Staff Rules, the fact that others who may be governed by different rules may have acted differently, is beside the point."
Keywords:
practice; rule of another organisation; salary; scale; staff regulations and rules;
Judgment 1983
89th Session, 2000
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"As to the absence of one month's notice, [the organization] rightly points out that the obligation arising from the provisions of the Staff Regulations applies to dismissal and not to non-renewal of a fixed-term appointment. Nonetheless, the case law says that an organisation must always give the reasons for a decision not to renew an appointment and those reasons must be notified to the staff member within a reasonable time."
Keywords:
duty to substantiate decision; non-renewal of contract; notice; organisation's duties; precedence of rules; separation from service; staff member's interest; staff regulations and rules;
Judgment 1963
89th Session, 2000
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant [...] wants the President to be ordered to intervene so that the Administrative Council amends the Service Regulations. However, firm precedent has it that the Tribunal may not order such action [...] only in the event that the Office were under an obligation to change its rules in order to ensure respect for the fundamental conditions of service of staff members would the latter, faced with the silence or inaction of the administration, be entitled to challenge the unlawfulness of their situation. In the present case, however, it is fully within the competence of the President and the Administrative Council to amend or not the impugned provisions of the Service Regulations. [...] The complainant cannot plead any breach of his fundamental rights or guarantees as a result of the maintenance of rules which [...] are not unlawful."
Reference(s)
ILOAT Judgment(s): 1456, 1591
Keywords:
amendment to the rules; case law; claim; competence of tribunal; discretion; staff regulations and rules;
Judgment 1955
89th Session, 2000
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
According to Annex IV, Article 27, first paragraph, of the General Conditions of Employment governing servants at Eurocontrol, the divorced wife of a servant or former servant of Eurocontrol can only claim a survivor's pension if, at the date of former husband's death, she can justify her entitlement to receive monthly maintenance payments. In the present case, the complainant agreed to a lump-sum payment from her former husband in full and final settlement of his obligation to pay maintenance. Therefore, she cannot claim a survivor's pension.
Reference(s)
Organization rules reference: ANNEX IV, ARTICLE 27 OF THE EUROCONTROL GENERAL CONDITIONS OF EMPLOYMENT
Keywords:
condition; lump-sum; pension; pension entitlements; staff regulations and rules; survivor's benefit;
Judgment 1954
89th Session, 2000
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant unsuccessfully applied for a new post. She maintains that the candidate selected for the post had been considered as an internal candidate during the selection process, when in fact she was an external candidate. "The correct interpretation of Staff Regulation 4.4 is that persons already in the service of the organization have priority only if their qualifications appear to be equal to those of other candidates (see Judgment 107). Since the complainant was found not to be as well qualified as Ms P., she cannot rely on Regulation 4.4. "
Reference(s)
Organization rules reference: PAHO STAFF REGULATION 4.4
ILOAT Judgment(s): 107
Keywords:
appointment; candidate; competition; internal candidate; priority; selection board; staff regulations and rules;
Judgment 1929
88th Session, 2000
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Compulsory transfer of a disciplinary nature must afford the staff member the safeguards available in the case of disciplinary sanctions, that is the right of the staff member to be heard before the sanction is ordered, with the option for him to participate in the full processing of the evidence and to make all his pleas. [...] It matters little in this respect whether or not transfer is envisaged among the disciplinary sanctions set out in the Staff Regulations. What is decisive is whether the transfer appears to be the consequence of the alleged professional shortcomings of the staff member which may, by their nature, give rise to disciplinary sanctions."
Keywords:
disciplinary measure; hidden disciplinary measure; organisation's duties; right to reply; safeguard; staff member's interest; staff regulations and rules; transfer;
Consideration 9
Extract:
The complainant was transferred without prior notice and without an opportunity to be heard. "Taken together, the material circumstances give grounds for considering that the impugned transfer partly constituted a hidden disciplinary sanction. [...] The impugned decision must, therefore, be set aside and the procedure resumed from the point at which it was flawed [...]."
Reference(s)
Organization rules reference: ARTICLE 10 OF THE UPU STAFF REGULATIONS
Keywords:
disciplinary measure; hidden disciplinary measure; organisation's duties; remand; right to reply; staff member's interest; staff regulations and rules; transfer;
Judgment 1912
88th Session, 2000
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The organisation amended the Staff Regulations. The text adopted by the Council was a simplified version of the text that had been submitted for the opinion of a committee having staff representatives. The organisation maintains that the Chairman of the Staff Association indicated that the opposition to the text on the grounds of principle was unlikely to be removed by the simplified text and that another meeting of the Committee would be useless. "The fact that the Chairman of the Staff Association has made his position known does not mean that there is no need to consult an official body, made up of representatives of the administration and the staff who are entitled to make their views known quite independently and whose opinions can develop in the course of a discussion."
Keywords:
advisory body; advisory opinion; amendment to the rules; organisation's duties; staff regulations and rules; staff representative; staff union;
Consideration 11
Extract:
The organisation amended the Staff Regulations. The text adopted by the Council was a simplified version of text that had been submitted for the opinion of a committee having staff representatives. "A further consultation of a body which must give its opinion on a draft text is necessary only if substantial changes are made to the text[...]."
Keywords:
advisory body; advisory opinion; amendment to the rules; organisation's duties; purport; staff regulations and rules;
Consideration 19
Extract:
"International civil servants do not have an acquired right [...] to an automatic indexing of their salaries. [...] The establishing of regulations for the periodic adjustment of salary is within the discretion of the organisations provided that these regulations do not violate the principles of international civil service law and their application does not bring about an erosion of salary that could be regarded as substantially jeopardising the contractual balance between those organisations and their staff members."
Reference(s)
ILOAT Judgment(s): 1118
Keywords:
acquired right; adjustment; cost-of-living increase; discretion; international civil service principles; salary; staff regulations and rules; terms of appointment;
Judgment 1897
88th Session, 2000
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11(a)
Extract:
"In keeping with the rule that similar acts require similar procedures, the modification of a rule - including allowing an exception - must respect the same process which was used for its adoption."
Keywords:
amendment to the rules; exception; formal requirements; general principle; parallelism of form; provision; staff regulations and rules; written rule;
Judgment 1888
87th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The Tribunal's jurisdiction is limited to the review of administrative decisions taken by international organisations affecting the employment conditions of their employees. Where such decisions are found to be reviewable and where they have caused harm, the Tribunal will exercise its jurisdiction to order reparation thereof. The Tribunal is not, however, a civil court of general jurisdiction in matters of delict and contract. Even where they may be causally related to injury suffered by someone, prejudice and malfeasance do not give rise to a claim for damages before the Tribunal unless they can be related to a specific administrative decision which has become final and against which the complainant has exhausted all available internal remedies."
Keywords:
bias; compensation; competence of tribunal; contract; decision; injury; internal remedies exhausted; judicial review; limits; material damages; moral injury; staff regulations and rules;
Judgment 1886
87th Session, 1999
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant accepted an offer for a permanent contract which provided that the contract would be governed by the Staff Rules and Regulations valid as of 1 January 1997 (which would reduce his expatriation allowance). "By confining himself to the phrase 'without prejudice of my acquired rights', the complainant showed that he had no reason in principle to refuse the offer made to him, but that he merely wished to maintain his right to continue receiving the expatriation allowance at the former rate [...]. [I]n view of the above, and the fact that the [organisation] neither modified, nor proposed to modify its offer, despite the complainant's reservation, it has to be deduced that the employment relationship between the complainant and the [organisation] is based on a contract concluded after 1 January 1997. It is therefore a priori governed by the Staff Rules and Regulations which were in force at that date [...]."
Keywords:
acquired right; amendment to the rules; contract; date; effective date; intention of parties; non-resident allowance; offer; permanent appointment; rate; staff regulations and rules;
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