Provision (241,-666)
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Keywords: Provision
Total judgments found: 208
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Judgment 1124
71st Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
See Judgment 1126, summary.
Reference(s)
Organization rules reference: ARTICLE 61(5) OF THE INTERPOL STAFF RULES
ILOAT Judgment(s): 1126
Keywords:
amount; condition; discretion; enforcement; provision; staff regulations and rules; terminal entitlements;
Judgment 1123
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Article 65, which merely cites examples of circumstances warranting adjustment in pay, is not exhaustive. There may be adjustment for other reasons, whether they be peculiar to the organisation or attributable to outside factors." In the instant case the reasons Eurocontrol gave come within the ambit of the provision.
Reference(s)
Organization rules reference: ARTICLE 65 OF THE EUROCONTROL STAFF REGULATIONS
Keywords:
adjustment; analogy; criteria; enforcement; grounds; provision; salary; staff regulations and rules;
Judgment 1118
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
Vide Judgment 1123, consideration 8.
Reference(s)
Organization rules reference: ARTICLE 65 OF THE EUROCONTROL STAFF REGULATIONS
ILOAT Judgment(s): 1123
Keywords:
adjustment; analogy; enforcement; grounds; provision; salary; staff regulations and rules;
Judgment 1108
71st Session, 1991
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
"Although [WHO] Manual provision II.12.320 [...] says that consultants shall be paid the subsistence allowance applicable to the country of the duty station, Staff Rule 1330 empowers the Director-General to 'appoint consultants without regard to the provisions of the other sections of the Rules'. So the Director-General's offer of an appointment as a consultant without the per diem allowance was quite lawful anyway."
Reference(s)
Organization rules reference: WHO STAFF RULE 1330 WHO MANUAL PROVISION II.12.320
Keywords:
contract; daily subsistence allowance; enforcement; external collaborator; local status; provision; staff regulations and rules;
Judgment 1087
70th Session, 1991
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Coordination Committee of WIPO repealed Staff Regulation 3.1 bis which safeguarded salaries against fluctuations in the exchange rate between the dollar and the Swiss franc. The Organization having offered a perfunctory defence, the Tribunal orders further submissions.
Reference(s)
Organization rules reference: WIPO STAFF REGULATION 3.1 BIS
Keywords:
further submissions; interlocutory order; organisation's duties; provision; repeal; staff regulations and rules; submissions;
Judgment 1080
70th Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Vide Judgment 1126, summary.
Reference(s)
Organization rules reference: ARTICLE 61.5 OF THE INTERPOL STAFF RULES
ILOAT Judgment(s): 1126
Keywords:
amount; condition; discretion; enforcement; provision; staff regulations and rules; terminal entitlements;
Judgment 1020
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Where two provisions are on a par in law, "the material rule is that the particular qualifies the general."
Keywords:
applicable law; precedence of rules; provision; staff regulations and rules;
Judgment 1019
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Vide Judgment 1020, consideration 9.
Reference(s)
ILOAT Judgment(s): 1020
Keywords:
applicable law; precedence of rules; provision; staff regulations and rules;
Judgment 990
68th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The General Assembly of the United Nations brought in a new scale of pensionable remuneration as from 1 January 1985. The scale, provided for in Article 3.1.1 of the Staff Regulations, did not come into force until 1 April 1985. The complainant's pension, however, was reckoned according to the new scale between 1 January and 31 March 1985. The Tribunal holds that "the ILO is undoubtedly bound [...] by the provisions of the Staff Regulations so long as they remain in force and is therefore liable towards the complainant for the breach of them. That its difficulty is due to the stand taken by the fund cannot alter its liability as employer towards its staff."
Reference(s)
Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS
Keywords:
amendment to the rules; difference; effective date; fund regulations; liability; organisation; payment; pension; pensionable remuneration; provision; reduction of salary; scale; staff regulations and rules; unjspf;
Summary
Extract:
The General Assembly of the United Nations brought in a new, lower scale of pensionable remuneration as from 1 January 1985. That scale, provided for in Article 3.1.1 of the ILO Staff Regulations, did not come into force for officials serving in the organization until 1 April 1985. The complainant's pension was nonetheless reckoned according to the new scale between 1 January and 31 March 1985. She challenges the Director-General's implied rejection of her internal complaint seeking to have her pension reckoned according to the old scale up to 31 March 1985 or, failing that, compensation. The Organization submits that the measure had come to her attention through various channels and that the complaint was out of time. The Tribunal holds that the Staff Regulations contained an explicit provision which set out the staff's rights. The staff were not told of any valid ilo decision not to abide by the Staff Regulations. The Organization's contention that the complaint is irreceivable is mistaken.
Reference(s)
Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS
Keywords:
amendment to the rules; complaint; difference; effective date; fund regulations; pension; pensionable remuneration; provision; receivability of the complaint; reduction of salary; scale; staff regulations and rules;
Judgment 986
67th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainants are alleging breach of the Staff Regulations: to be precise, of Article 3.1.1, which defines pensionable remuneration. As it held in Judgments 832 and 862 the Tribunal is competent under Article II(1) of its Statute to entertain complaints of that kind, seeking as they do the quashing of decisions allegedly in breach of the terms of appointment of staff. What is at issue is the relationship between the Organization and its staff, [and in such matters] the Tribunal is fully competent".
Reference(s)
ILOAT reference: ARTICLE II(1) OF THE STATUTE
Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS
ILOAT Judgment(s): 832, 862
Keywords:
breach; competence of tribunal; judicial review; pensionable remuneration; provision; staff regulations and rules;
Judgment 978
66th Session, 1989
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
UNESCO Staff Rule 031.14 (B) (III) formerly provided that "the non-resident's allowance shall not be paid, or shall cease to be paid, to a staff member [...] whose husband is a national of the country of the duty station" inasmuch as the word "husband" prevents the rule from applying to staff members whose wives are in the same situation, the provision is discriminatory and the impugned decision, which was based on the discriminatory provision, must therefore be quashed.
Reference(s)
Organization rules reference: FORMER UNESCO STAFF RULE 103.14(B)(III)
Keywords:
amendment to the rules; equal treatment; flaw; local status; marital status; non-local status; non-resident allowance; provision; sex discrimination; staff regulations and rules;
Consideration 12
Extract:
"Since the rule was unlawful it could never become lawful by lapse of time or by acquiescence and a claim could therefore never be barred. Even though a claim to actual payment of the non-resident's allowance cannot succeed in these proceedings because of the complainant's failure to follow the proper internal procedure, the question of her entitlement to the allowance must be considered because of its bearing on the matter of the recurrent benefits."
Keywords:
allowance; continuing breach; flaw; non-resident allowance; provision; receivability of the complaint; right; time bar;
Judgment 975
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The practice of allowing mothers to defer prenatal maternity leave and to extend postnatal maternity leave correspondingly does not entitle the complainant to substitute sick leave for maternity leave, that being contrary to the provisions of the Regulations."
Keywords:
enforcement; extension of contract; maternity leave; practice; provision; sick leave; staff regulations and rules;
Judgment 952
66th Session, 1989
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
WHO Manual provision II.2.430.2 was amended so as to restrict the possibility of having adopted blood relatives treated as dependants. The complainant submits that the amendment infringed an acquired right. The Tribunal held that "the right which the amendment removed cannot be deemed to have constituted any essential part of the complainant's terms of appointment, and the allegation of breach of an acquired right is therefore unsound."
Reference(s)
Organization rules reference: WHO MANUAL PROVISION II.2.430.2
Keywords:
acquired right; adoption; amendment to the rules; dependant; dependent child; family relationship; provision; staff regulations and rules;
Judgment 945
65th Session, 1988
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Article R II 4.35 of the ESO Staff Regulations, which provides that "the first period of home leave shall be granted during the second year of service and the subsequent periods every alternate year thereafter", is deemed by the Tribunal to mean that "the right to home leave is confined in every case to a single year, i.e. the second, fourth and each succeeding even-numbered year of service."
Reference(s)
Organization rules reference: ARTICLE R II 4.35 OF THE ESO STAFF REGULATIONS
Keywords:
home leave; interpretation; period; provision; staff regulations and rules;
Judgment 944
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant and her husband are both officials of the EPO. There are no rules concerning the refund of medical expenses which cover such contingencies. The Tribunal holds that "no other provision of the Service Regulations may be applied, even by analogy, if intended to fit an essentially different set of circumstances."
Keywords:
analogy; applicable law; enforcement; health insurance; marital status; medical expenses; no provision; other; provision; staff regulations and rules;
Judgment 936
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"The conclusion is that the Council's approval of the new scales is null and void for two reasons: because no reasons for it are stated, and because it takes into account a factor, the Dutch levy, that the rules in force in the organisation do not provide for."
Keywords:
amendment to the rules; breach; decision; deduction; duty to substantiate decision; executive body; grounds; provision; reduction of salary; salary; scale; staff regulations and rules; written rule;
Consideration 9
Extract:
"Article 64(6) of the Service Regulations reads: 'The remuneration of the permanent employees shall be subject to periodic review and shall be adjusted by the Administrative Council taking account of the recommendations of the Co-ordinating Committee of government budget experts of the co-ordinated organisations'. Though the definition puts the EPO under no specific obligation it does reflect an intention of not letting EPO pay get out of line with the broad trend in national civil services, and that is the rule of thumb followed by the Co-ordinating Committee."
Reference(s)
Organization rules reference: ARTICLE 64(6) OF THE EPO SERVICE REGULATIONS
Keywords:
adjustment; coordinated organisations; interpretation; provision; salary; staff regulations and rules;
Judgment 886
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
In Judgment 855, "under 16, the Tribunal upheld its earlier ruling in Judgment 657 of 18 March 1985 [...]: there was nothing improper about applying the eight-year rule, which was indeed in keeping with the Administrative Council's guidelines. [The complainant] had no right to fare better on the strength of a method of reckoning that had been superseded by the time he took up duty, the less so since he had been told of the terms of appointment in force at the time and had consented to them."
Reference(s)
ILOAT Judgment(s): 657, 855
Keywords:
administrative instruction; amendment to the rules; appointment; date; enforcement; professional experience; provision; reckoning; seniority; terms of appointment;
Consideration 10
Extract:
"The complainant was recruited from the British Office before the guidelines in Circular 144 came in but in the
course of a period in which the guidelines had retroactive effect. For the reasons stated in Judgment 855 under 12
and 13, the Tribunal holds that he was governed by the rules in force before Circular 144 and at the time of his
recruitment."
Reference(s)
Organization rules reference: CIRCULAR 144
ILOAT Judgment(s): 855
Keywords:
administrative instruction; amendment to the rules; appointment; consequence; date; enforcement; provision; transitional measures;
Judgment 884
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant seeks to have his professional experience reckoned anew. He contends that new guidelines supersede the rule precluding the reckoning of experience gained before the age of twenty-five. The Tribunal holds that, although replacement of the rule has been proposed, "until a decision has been taken by the competent authority the 25-year rule remains in force."
Keywords:
administrative instruction; age limit; amendment to the rules; condition; professional experience; proposal; provision; reckoning; seniority;
Judgment 869
63rd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19(C)
Extract:
"The organization [has] failed to prove that the complainant knew or ought to have known of the change in the operation of the provision." It concerned paragraph 315.323 of the FAO Manual on withholding salary increments.
Keywords:
amendment to the rules; burden of proof; duty to inform; enforcement; lack of evidence; provision; staff regulations and rules;
Judgment 862
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Suspension is temporary repeal: while in force it makes the text void. What distinguishes it from repeal is that it is not final, its purpose being to provide against some temporary contingency, and it need only be lifted for the text to come into force again. But repeal is final and once a text has been repealed the law-maker has to adopt a new one to bring the provisions back into effect."
Keywords:
binding character; difference; effect; enforcement; period; provision; provisional measures; staff regulations and rules; suspensive action; written rule;
Consideration 7
Extract:
"Only the body competent to adopt or repeal a rule may suspend it, and by due process."
Keywords:
competence; decision-maker; procedure before the tribunal; provision; staff regulations and rules; suspensive action;
Consideration 10
Extract:
Article 3.1.1.2 of the ILO Staff Regulations provides for periodic adjustments to pensionable remuneration. The application of this regulation was suspended effective 1 April 1985. The complainants argue that the absence of an adjustment on 1 April 1986 breaches their acquired rights. "The complainants say they cannot put a figure on the loss sustained but they submit a table showing losses that range from 13 to 39 per cent according to grade. The table does not distinguish between loss due to the measures of which the Tribunal was informed in the earlier proceedings - and which it declared lawful - and loss alleged to be due to the failure to revise the scale on 1 April 1986. So in any event the Tribunal cannot but endorse its ruling in Judgment 832 under 16." The complaints are dismissed.
Reference(s)
Organization rules reference: ARTICLE 3.1.1.2 OF THE ILO STAFF REGULATIONS
ILOAT Judgment(s): 832
Keywords:
acquired right; adjustment; amount; breach; date; difference; enforcement; grade; injury; pension; pension entitlements; pensionable remuneration; provision; reckoning; res judicata; staff regulations and rules; subsidiary; suspensive action;
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