Provision (241,-666)
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Keywords: Provision
Total judgments found: 208
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Judgment 260
35th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The applicable provision permits termination if the person concerned is unacceptable to the material government or if he is unsuitable for his post. The government did not declare that the person concerned was "persona non grata". A statement by a government official involved in the project was not sufficient; the complainant was not "unsuitable" simply because he was unacceptable to the material government official. The termination of the complainant's contract was unwarranted. The decision is quashed.
Keywords:
contract; enforcement; fixed-term; government approval; member state; persona non grata; project personnel; provision; qualifications; staff regulations and rules; termination of employment;
Judgment 257
34th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The material rule "leaves the solution to special arrangements to be made for maintaining the pensionable remuneration at its previous level [when promotion results in a reduction]. If the word 'on' is construed as meaning 'on or after' and the phrase 'at its previous level' is construed as meaning 'at the level at which it would otherwise have been', the word 'maintaining' can be given its full effect [...] Having regard to the manifest object of the rule, the Tribunal does not consider that this reading of it puts a strain upon the language which it cannot bear."
Keywords:
compensatory measure; consequence; interpretation; pension; pensionable remuneration; promotion; provision; reduction of salary; staff regulations and rules;
Judgment 250
34th Session, 1975
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
A clause in the complainant's contract provides for compensation in the event of "illness". It is unclear whether the term applies to all cases of illness or only to cases of illness which were due to performance of duties. Under the second interpretation, the person concerned would be entitled to full compensation for the prejudice suffered and its direct consequences, for example disability. "Without settling that question, and assuming in the complainant's favour that the second interpretation is correct", the Tribunal notes that the illness was not related to the performance of his duties.
Keywords:
compensation; condition; contract; illness; injury; interpretation; provision; service-incurred;
Judgment 233
32nd Session, 1974
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Tribunal holds that transfers from the general services category to the professional category constitute a "promotion". Such promotions are provided for by the Regulations and are actually made. "[S]ince they are not governed by any special rule, [the general] rule [on promotions] must apply."
Keywords:
enforcement; general service category; no provision; professional category; promotion; provision; staff regulations and rules;
Considerations
Extract:
The purpose of PAHO Staff Rule 220.2 on promotions is to increment salaries. "Thus the fixing of the step must be construed as only the means by which the true object of the rule is to be secured. The means are the servant of the end not its master; the failure of the means prescribed cannot be allowed to defeat the object; the object must be achieved in some other appropriate way."
Reference(s)
Organization rules reference: PAHO STAFF RULE 220.2
Keywords:
criteria; increase; interpretation; promotion; provision; purpose; salary;
Judgment 220
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant had never availed himself of the opportunity which was available to him under a former provision to transfer part of his remuneration. Yet "[...] he had a direct and personal interest in seeking the quashing of a decision which deprived him of that possibility."
Keywords:
administrative instruction; amendment to the rules; cause of action; decision; injury; provision; receivability of the complaint; staff regulations and rules;
Judgment 217
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"At the time of his recruitment and on the confirmation of his appointment [...] the complainant was subject to the former Staff Rules and was therefore in a different position from staff members recruited under the new Staff Regulations [...] Consequently, the complainant did not suffer unequal treatment in relation to staff members appointed later because he was not in the same position as they were."
Keywords:
amendment to the rules; equal treatment; provision; staff regulations and rules; terms of appointment;
Consideration 1
Extract:
According to the texts bonuses which take account of previous experience form part of the terms of appointment. The complainant was confirmed before the new provisions came into effect. He cannot therefore claim benefit under these new regulations. "He could only do so if that article was retroactive to the date at which the complainant was recruited, which is not the case."
Keywords:
amendment to the rules; increment; non-retroactivity; professional experience; provision; seniority; staff regulations and rules; terms of appointment;
Judgment 208
30th Session, 1973
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"At the time of his appointment the complainant was subject to the old grading standards. His position was therefore different from that of staff members recruited in accordance with the new standards. Thus, since he was not in the same position as those staff members, the complainant did not suffer any discrimination in relation to them."
Keywords:
amendment to the rules; equal treatment; grade; post classification; provision; seniority; staff regulations and rules; terms of appointment;
Consideration 3
Extract:
"The complainant may not [...] properly rely upon the failure to publish [recruitment] standards which apply to staff members recruited after his own appointment and which therefore do not directly concern him."
Keywords:
amendment to the rules; duty to inform; lack of injury; no cause of action; non-retroactivity; provision; receivability of the complaint; staff regulations and rules; terms of appointment;
Judgment 204
30th Session, 1973
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Under the applicable provision, the pensionable age for officials is 62. The Director-General's decision was taken in pursuance of the above-mentioned provision. Although the provision empowers the Director-General to retain the services of an official beyond the age-limit, this derogation is confined to exceptional cases and lies within the discretion of the head of the organisation. In the present case, the Director-General's appraisal of the facts shows none of the flaws which the Tribunal may correct.
Keywords:
age limit; contract; discretion; exception; extension beyond retirement age; judicial review; provision; retirement; staff regulations and rules;
Judgment 202
30th Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Seniority bonuses are part of the terms of recruitment. Only by retroactive application of the new Staff Rules could the complainant be granted an additional bonus. But the new rules are not retroactive and the complainant's reliance on them is ill-founded.
Keywords:
amendment to the rules; enforcement; increment; non-retroactivity; professional experience; provision; seniority; staff regulations and rules; terms of appointment;
Considerations
Extract:
"At the time of his recruitment and of the confirmation of his appointment [...] the complainant was subject to the former Staff Rules and was therefore in a different position from staff members recruited under the new Staff Rules [...] The complainant did not suffer unequal treatment in relation to staff members appointed later because he was not in the same position as they were."
Keywords:
amendment to the rules; equal treatment; non-retroactivity; provision; staff regulations and rules; terms of appointment;
Judgment 199
30th Session, 1973
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is clear that the organization has acted strictly in accordance with the regulations as they were on [...] the date when the complainant was promoted [...] It is clear also that it would have been for the personal benefit of the complainant if the promotion had been delayed until after the change in the regulations had taken effect" [one month later]. The Tribunal can see no grounds for interfering with the impugned decision.
Keywords:
amendment to the rules; date; effective date; enforcement; non-retroactivity; promotion; provision; staff regulations and rules;
Judgment 192
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Provision is made under the Staff Rules "for termination of the appointment of a staff member who during his probationary period proves unsuitable for his post on medical grounds. Any decision taken under this provision lies within the Director-General's discretion, and can therefore be set aside by the tribunal only if [...]."
Keywords:
discretion; enforcement; health reasons; judicial review; medical fitness; probationary period; provision; staff regulations and rules; termination of employment; termination of employment for health reasons;
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 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 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 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;
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