Provision (241,-666)
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Keywords: Provision
Total judgments found: 208
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Judgment 595
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant did not plead breach of the Staff Rule in question during the internal appeal, but that does not prevent him from doing so for the first time before the Tribunal. His plea of breach of the rule "falls within the scope of his claims, which remain the same. The question therefore arises whether the plea is sound."
Keywords:
breach; new plea; provision; receivability of the complaint; staff regulations and rules;
Judgment 566
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Following strike action, an administration decision led to a circular explaining that salary deductions would be calculated using a method different from that set out in the Service Regulations. "The executive head is not competent to adopt such rules [...] To accept the [organisation's] submissions would be to allow the imposition of a covert disciplinary sanction. The [...] staff exercised an acknowledged right and did not commit any misconduct." The deductions were calculated unlawfully and should be invalidated.
Reference(s)
Organization rules reference: ARTICLE 65 OF THE EPO SERVICE REGULATIONS
Keywords:
breach; deduction; hidden disciplinary measure; organisation's duties; provision; reckoning; right to strike; salary; staff regulations and rules; strike;
Judgment 564
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The rules on competitions were revised in 1981. The new rules provided for setting up a selection board, and its members were appointed later. The competition of which the complainant is challenging the outcome opened in June 1981 and it was decided to apply the old rules. His objections to that decision are unsound; there was no error of law and, because of the delay in appointing the members of the Selection Board, its effect appears to have been to speed up the competition procedure."
Keywords:
amendment to the rules; applicable law; competition; provision; staff regulations and rules;
Judgment 554
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Tribunal stated in Judgment No. 486 that "the question for its decision was whether it was within its competence to enforce a rule of policy or practice. The Tribunal found that there was such a rule, but that since it conflicted with a staff rule, it did not create an obligation which the Tribunal was competent to enforce. [...] It is manifest from the judgment that the rule of policy or practice, by whatever evidence its existence was proved, was in this case unenforceable."
Reference(s)
ILOAT Judgment(s): 486
Keywords:
applicable law; application for review; difference; evidence; practice; precedence of rules; provision; staff regulations and rules;
Judgment 551
50th Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Promotion is a matter within the discretion of the President and Administrative Council and the staff member has no right or expectation that the rules or policy applicable at the date of his contract will remain unchanged."
Keywords:
acquired right; amendment to the rules; discretion; promotion; provision; staff regulations and rules;
Judgment 537
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Executive Board adopted the French version of [WHO Staff Rule] 1030.3.4, and the Executive Board alone could amend it. Instead it was the Director-General who decided to alter the French text, and the fact that he did is immaterial since according to Rule 020 the Director-General's authority is limited to making proposals for amendment. [...] Accordingly, his so-called 'correction' is in itself null and void. Either he discovers an error, and the original text must be applied; or else he alters the adopted text without being competent to do so."
Reference(s)
Organization rules reference: ARTICLES 020 AND 1030.3.4 OF WHO STAFF RULES
Keywords:
amendment to the rules; competence; decision-maker; executive body; executive head; proposal; provision; staff regulations and rules;
Judgment 533
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
To infer a decision to dismiss where no final decision has been taken within the sixty days would greatly broaden the scope of Article VII, paragraph 3, particularly when the internal appeals body has no set time limits. "In such case Article VII[3], which is presumably to be treated as covering the exception, would in fact become the rule. Moreover, to broaden the scope of paragraph 3 would unduly restrict that of paragraph 1, which requires the complainant to exhaust the internal means of redress."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE
Keywords:
absence of final decision; exception; failure to answer claim; iloat statute; implied decision; internal remedies exhausted; provision; time limit;
Judgment 532
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Insofar as a provision of the Service Regulations purports to provide that failing a decision by the President on an internal appeal within two months, a complaint may be duly filed with the Tribunal, "the provision must be treated as invalid because this is a matter of procedure which only the Tribunal's own Statute and Rules of court can settle."
Keywords:
competence of tribunal; difference; iloat statute; precedence of rules; procedure before the tribunal; provision; staff regulations and rules; time limit;
Consideration 3
Extract:
Vide Judgment 533, consideration 3.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE
ILOAT Judgment(s): 533
Keywords:
exception; failure to answer claim; iloat statute; implied decision; internal remedies exhausted; provision; time limit;
Judgment 522
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
According to a staff rule, an appeals board shall advise the Director-General "when a staff member lodges an appeal against an administrative decision 'alleging that it conflicts with the terms of his appointment or with any regulation or rule'." A decision therefore which is not in conflict with the complainant's terms of appointment or with any regulation or rule is not appealable."
Keywords:
competence; contract; enforcement; internal appeals body; provision; staff regulations and rules;
Judgment 518
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The meaning of [the rule], on a literal construction and in the context of the Service Regulations, cannot be altered by reliance on material which does not embody rules, such as [the] document [in question], the sole purpose of which is to submit to the competent authorities of the [organisation] information on the [situation]".
Keywords:
binding character; information note; interpretation; provision; staff regulations and rules;
Summary
Extract:
It is stipulated under a staff regulation that the organisation shall, under certain conditions, pay the fees charged by an international school, in which case the right to the education allowance established under two other regulations shall be waived. The Tribunal inferred from the reference to these two regulations that the material rule has the same scope as the other two rules, namely that it applies to primary schools but not to nursery schools or kindergartens. The complaint, which applied for reimbursement of kindergarten fees, is dismissed. [There is no breach of the principle of equality.]
Keywords:
condition; education expenses; enforcement; provision; refund; staff regulations and rules;
Judgment 513
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
To satisfy the rule on dismissal for misconduct, "it is not necessary for the organization to prove that the conduct of the staff member has actually brought the organization into public discredit. The section in which the rule appears is headed 'standards of conduct for staff members' and is concerned with the standards with which the staff member must comply irrespective of whether his non-compliance with them is or is not publicly known."
Keywords:
conduct; enforcement; organisation's reputation; provision; serious misconduct; termination of employment;
Judgment 506
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organization adopted a more flexible approach in the application of the new rule: "Those [officials] appointed before the Finance Committee made its recommendation, who before had been informed of the possibility of qualifying for non-local status, or might have been, were still able to obtain such status despite the wording of the rule. There was strict application only to those appointed after the recommendation. The distinction between those appointed before and those appointed after rested on the fact that the former, unlike the latter, had or might have had the expectation of qualifying for non-local status some day."
Keywords:
amendment to the rules; appointment; date; difference; enforcement; equal treatment; legitimate expectation; local status; non-local status; practice; promise; provision; staff regulations and rules;
Judgment 505
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The new rule came into force on 1 February 1975. Short-term officials recruited before this date, who were not then considered as non-local officials, were all given local status. The organization then distinguished between those officials who had been given short-term appointments before the end of October 1974 and those whose appointment was made between then and 1 February 1975. The former were given non-local status on the established terms and the latter were treated as local officials. "The difference in treatment between the two groups was warranted by the difference in the facts."
Keywords:
amendment to the rules; appointment; date; equal treatment; local status; non-local status; provision; staff regulations and rules;
Consideration 6
Extract:
The rule came into force on 1 February 1975, i.e. subsequent to the complainant's first short-term appointment. By refusing to grant the complainant non-local status, the Director-General based his decision on the fact that she did not benefit from such status on 1 February 1975, without taking account of what had happened before. "In other words, he did not apply the rule retroactively: he based his decision on the facts at the date when the rule came into force."
Keywords:
amendment to the rules; date; effective date; local status; non-local status; non-retroactivity; provision; staff regulations and rules;
Judgment 504
48th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The argument concerning the application of a provision "affords no grounds whatever for reviewing the original judgment". The complainant refers to the provision in the memorandum appended to his initial complaint. Thus, far from being in itself a claim for relief, the argument was "merely a plea in support of his claims. Even if the Tribunal did not comment on the argument, it did not disregard a claim for relief. Besides, it stated that there was no need to rely on [the provision]; thus it did not disregard the rule."
Keywords:
application for review; enforcement; omission to rule on a plea; provision; staff regulations and rules;
Judgment 496
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The principle of freedom of association "is accepted by the organization and [the Staff Regulations require] the Director to make provision for staff participation in the discussion of policies relating to staff questions and Staff Rules made thereunder give effect to the principle. The rules provide inter alia that staff shall have the right to associate themselves together in a formal organisation for the purpose of developing staff activities [...] and making representations to [the organization] concerning personnel policy and conditions of service".
Keywords:
freedom of association; provision; staff claim; staff regulations and rules; staff union; working conditions;
Judgment 493
48th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The international agreement thus concluded between the ILO and the Agency in accordance with Article II, paragraph 5, of the Statute of the Tribunal is not subject to any limitations on the recognition of the Tribunal's competence other than those arising out of the actual text. The Tribunal derives its competence from that international agreement, which prevails over rules unilaterally adopted earlier by one of the parties. The agreement recognising the Tribunal's competence does not exempt staff members such as the complainant from the application of [the Staff Rules and Regulations]."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; declaration of recognition; enforcement; international instrument; provision; staff regulations and rules;
Judgment 487
48th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's absence from duty for which the organization's medical officer thought the application of sick leave unjustified was set against annual leave; the complainant contends that it was in fact a disciplinary measure tainted with abuse of authority. "In the circumstances of this case the application of the [material rule] by analogy and the consequent exclusion of [another rule] which would have entailed disciplinary action [...] constitutes no abuse of authority, since that authority was not exercised for any unlawful purpose."
Keywords:
abuse of power; analogy; annual leave; enforcement; illness; misuse of authority; provision; refusal; sick leave; unauthorised absence;
Judgment 486
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The Tribunal is compétent to hear complaints alleging non-observance of the terms of appointment of officials and of such provisions of the staff regulations as are applicable to the case. The Tribunal has not given a narrow construction to 'terms of appointment'; it has treated the expression as sufficiently wide to cover obligations arising from the relationship created by the appointment."
Keywords:
competence of tribunal; contract; iloat statute; interpretation; provision; terms of appointment;
Considerations 4 and 8
Extract:
The complainant was promoted from GS to P. This change was not an appointment. Under the stated policy of the organization such a promotion justified a review of the place of residence. But such a statement of practice "must not conflict with the rule which it is elaborating". The applicable provision stipulates that the place determined at the time of appointment should be recognised throughout the service. "This forbids the change of residence which the complainant is asking the Tribunal to order."
Keywords:
amendment to the rules; contract; enforcement; general service category; local status; practice; professional category; promotion; provision; residence; staff regulations and rules;
Consideration 8
Extract:
A statement by the Director of a practice which he intends to follow can under certain conditions establish a contractual obligation arising out of the relationship created by the appointment. Such statements often relate to the way in which the Director intends to administer a staff rule and thus clarify and amplify it. "But just as a staff rule must not conflict with the staff regulation under which it is made, so a statement of practice must not conflict with the rule which it is elaborating."
Keywords:
binding character; enforcement; executive head; practice; precedence of rules; provision; staff regulations and rules;
Judgment 485
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1(A)
Extract:
At the time of her appointment the complainant was living outside Italy. She moved to that country to take up her duties in Rome, which, in her view, established the international character of her appointment. The organization submits that the words "internationally recruited" apply to general service category staff with non-local status, as defined by the material provision. "If these words stood by themselves the complainant's argument might well be preferred [...] but they must be interpreted in their context in the Staff Rules." Under the applicable rules, the position of the organization is warranted.
Keywords:
enforcement; local status; non-local status; provision; residence; staff regulations and rules;
Judgment 484
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1(A)
Extract:
Vide Judgment 485, consideration 1(a).
Reference(s)
ILOAT Judgment(s): 485
Keywords:
enforcement; local status; non-local status; provision; residence; staff regulations and rules;
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