Competence of Tribunal (102, 103, 105, 694, 699, 700, 701, 844, 702, 703, 727, 830, 861, 878, 944, 946, 948,-666)
You searched for:
Keywords: Competence of Tribunal
Total judgments found: 473
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Judgment 827
62nd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
See Judgment 831, consideration 21.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
competence of tribunal; general assembly resolution; judicial review;
Judgment 826
62nd Session, 1987
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
See Judgment 831, consideration 21.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
competence of tribunal; general assembly resolution; judicial review;
Judgment 825
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
See Judgment 831, consideration 21.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
competence of tribunal; general assembly resolution; judicial review;
Judgment 820
62nd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Only in exceptional circumstances - such as it found in Judgment 182 - will the Tribunal have comments struck out of a performance report, because the exercise of discretion demands broad freedom of speech."
Reference(s)
ILOAT Judgment(s): 182
Keywords:
application for quashing; competence of tribunal; discretion; judicial review; performance report; work appraisal;
Judgment 810
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The Tribunal refers the complainant back to the organization for retroactive restoration of his status as an official. "Yhe Director-General will exercise his discretion in executing this judgment. The Tribunal may not give directions but trusts that the matter will be looked into, after consultation with the complainant, in an attempt to reach a settlement."
Keywords:
competence of tribunal; discretion; execution of judgment; judgment of the tribunal; reconstruction of career;
Judgment 803
61st Session, 1987
International Computing Centre (World Health Organization)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"According to Article II, paragraph 4, of its Statute, the Tribunal is competent to hear disputes arising out of contracts to which the organisation is a party and which provide for the competence of the Tribunal in any case of dispute with regard to their execution. The Tribunal is competent to hear this case under that provision and because the International Computing Centre, which is party to the dispute, is administered by the World Health Organization, which has recognised the Tribunal's jurisdiction."
Reference(s)
ILOAT reference: ARTICLE II(4) OF THE STATUTE
Keywords:
competence of tribunal; contract; iloat statute; status of complainant;
Judgment 768
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainant requests that the matter of the recognition of his degree should be referred to the Court of Justice of the European Communities for a preliminary ruling. The Tribunal has no authority to order such reference."
Keywords:
competence; competence of tribunal; degree; european court of justice (ecj); remand;
Judgment 744
58th Session, 1986
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
Under the circumstances, the Tribunal shall be competent to hear the complaint, the complainant being entitled to assert a right granted to him under the headquarters agreement and which accrues to him by virtue of the terms of appointment.
Keywords:
competence of tribunal; contract; enforcement; headquarters agreement; international instrument;
Judgment 742
58th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Where a provision of the Staff Regulations is amended the Tribunal may order the organisation to apply the old text rather than the new one. Likewise, where provisions of the Staff Regulations are replaced by clauses of an international agreement, the Tribunal may order the organisation to apply the former instead of the latter. The Tribunal is therefore competent."
Keywords:
amendment to the rules; competence of tribunal; enforcement; international instrument; pension; provision; staff regulations and rules;
Judgment 741
58th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Vide Judgment 742, consideration 7.
Reference(s)
ILOAT Judgment(s): 742
Keywords:
amendment to the rules; competence of tribunal; enforcement; international instrument; pension; provision; staff regulations and rules;
Judgment 728
58th Session, 1986
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"UNESCO, which has been informed of the withdrawal, alleges that the complainant has acted for purely tactical reasons in filing a complaint he described as urgent and then withdrawing it. It asks the Tribunal not to record the withdrawal but to hear the complaint and declare it irreceivable. When a complainant withdraws suit the Tribunal will not look into his reasons for surrendering his claims."
Keywords:
competence of tribunal; organisation; refusal; withdrawal of suit;
Judgment 702
57th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1, Summary
Extract:
The Tribunal finds that even though the complainant was never strictly speaking a staff member of the organization his link with it was more than a purely casual one. Accordingly, the organization's objection to the Tribunal's jurisdiction is overruled.
Keywords:
competence of tribunal; contract; external collaborator; ratione personae; short-term; status of complainant;
Judgment 701
57th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1, Summary
Extract:
See Judgment 702, consideration 2, summary.
Reference(s)
ILOAT Judgment(s): 702
Keywords:
competence of tribunal; contract; external collaborator; ratione personae; short-term; status of complainant;
Judgment 694
57th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant took notice of a 'seniority list'. He objects to the level at which he was placed according to the document. The Tribunal dismisses the grievance on the grounds that the list does not constitute a decision and has no effect in law.
Keywords:
competence of tribunal; receivability of the complaint; seniority list;
Judgment 688
57th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant has been employed under fixed-term contracts since 1976. He claims to be entitled to an appointment of indeterminate duration by virtue of national legislation. The Tribunal will not rule on the applicability of national legislation. It limits itself to noting that if national legislation is applicable, the Tribunal has no power of review and if it is not applicable, the Tribunal must examine the alleged breaches of Staff Regulations by the organisation; it finds no evidence of a breach.
Keywords:
competence of tribunal; contract; domestic law; fixed-term; permanent appointment; right; successive contracts;
Judgment 669
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The general decision impugned* in this case puts no exact figure on the entitlement of the staff members concerned. That will be determined only when the administration comes to take individual decisions in pursuance of the general decision, viz. the Council's approval of the new text of [the] Article".
(*) amending a provision in the Service Regulations on benefits payable in the event of invalidity.
Keywords:
amendment to the rules; competence of tribunal; general decision; individual decision; invalidity; provision; receivability of the complaint; staff regulations and rules;
Judgment 667
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The fact that the impugned decision affects several categories of staff and is therefore general in character is not in itself sufficient to make the complaints irreceivable. Decisions which may be challenged before the Tribunal do not have to be individual in nature. That they may also be general is plain from Article VII, paragraph 2, of the Statute of the Tribunal [a complaint must also comply with] the rule in Article VII(1) of the Statute that the internal means of redress must have been exhausted."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
competence of tribunal; general decision; individual decision; internal remedies exhausted; receivability of the complaint;
Judgment 663
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The mere fact that the impugned decision affects several categories of staff and is therefore general in character is not in itself sufficient to make the complaints irreceivable. Decisions which may be challenged before the Tribunal do not have to be individual in nature. That they may also be general is plain from Article VII[2] of the Statute of the Tribunal".
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE
Keywords:
competence of tribunal; general decision; individual decision; receivability of the complaint;
Judgment 662
56th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The complaint does not allege the non-observance of any term of appointment or of any staff regulation. The Tribunal is therefore not competent to hear it." The complainant tendered his resignation and discharged no further duties. He claims damages equivalent to the amount of his salary for the period from his resignation to what would have been the end of his contract. He considers that the organization treated him unfairly upon his departure.
Keywords:
competence of tribunal; receivability of the complaint; resignation; separation from service;
Judgment 661
56th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
According to Article II[6] of the Statute of the Tribunal, the Tribunal is open to four categories of complainants: "[1] present officials, [2] former officials, [3] the successors of a deceased official, and [4] those who have some right under the terms of appointment of a deceased official or under some provision of the Staff Regulations on which he could rely."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 6, OF THE STATUTE
Keywords:
competence of tribunal; iloat statute; locus standi; successor;
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