Competence of Tribunal (102, 103, 105, 694, 699, 700, 701, 844, 702, 703, 727, 830, 861, 878, 944, 946, 948,-666)
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Keywords: Competence of Tribunal
Total judgments found: 473
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Judgment 215
31st Session, 1973
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"There is not, nor is there alleged to be, any term of the complainant's appointment nor any provision in any Staff Regulation which requires the organization either to grant or to extend secondments to another international organization. Accordingly, the Tribunal is not competent to examine this complaint or to consider whether or not the reason given by the organization for its refusal was well-founded."
Keywords:
competence of tribunal; extension of contract; no provision; non-renewal of contract; secondment; terms of appointment;
Judgment 209
30th Session, 1973
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The decisions taken by the executive authorities of the organisation in application of the resolution of its legislative body were explicitly approved by the latter and may not now be contested in law.
Keywords:
competence of tribunal; decision; enforcement; executive body; international instrument;
Considerations
Extract:
"The Administrative Tribunal is not competent to rule on the legality of a resolution adopted by [...] the legislative organ of the [organisation]."
Keywords:
competence of tribunal; international instrument;
Summary
Extract:
The complainant contends that the payment of his salary in United States dollars and not in Swiss francs was in violation of his terms of appointment. He has no such acquired right. Besides, he had accepted payment in United States dollars for twelve years without protest. The decisions taken by the authorities concerning these payments are not open to discussion in view of a settlement. The Secretary-General was in no way required to reverse those decisions following the devaluation of the dollar and the Tribunal will not interfere with them.
Keywords:
acquired right; amendment to the rules; competence of tribunal; currency of payment; exchange rate; salary; terms of appointment;
Judgment 206
30th Session, 1973
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Vide Judgment 205.
Reference(s)
ILOAT reference: ARTICLE 8, PARAGRAPH 3, OF THE RULES
ILOAT Judgment(s): 205
Keywords:
competence of tribunal; receivability of the complaint; summary procedure;
Judgment 205
30th Session, 1973
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The actions referred to the Tribunal [...] do not relate to the observance either of the terms of his own contract of employment or of the Staff Regulations or Staff Rules. His complaint is thus clearly irreceivable by the Tribunal and must therefore be dismissed [under paragraph 3 of Article 8 of the Rules of Court of the Administrative Tribunal]."
Reference(s)
ILOAT reference: ARTICLE 8. PARAGRAPH 3, OF THE RULES
Keywords:
competence of tribunal; receivability of the complaint; summary procedure;
Judgment 187
28th Session, 1972
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The complaint under consideration, which is expressly directed against the decision of the Labour Court of the city of Vienna [...] is lodged with a tribunal which is not competent to hear it because it does not impugn a decision of the Director-General." [The Austrian Court had declared its incompetence; the case concerned matters relating to pension rights].
Keywords:
competence of tribunal; judgment of the tribunal; municipal court;
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 171
25th Session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complaint, filed by a former official of IAEA and FAO, is directed against the ILO, an organisation in which he has never served. "Such a complaint is not one which the Administrative Tribunal is competent to hear under the provisions of article ii of its sSatute."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
competence of tribunal; locus standi; non official; receivability of the complaint; status of complainant;
Judgment 158
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
In asking the Tribunal to endorse the recommendations of the Appeals Committee, "the complainant has misunderstood the respective role of these two bodies. The Board of Inquiry and Appeal, as an advisory body, may take into account considerations of expediency, whereas the Tribunal, as a judicial organ, must confine itself to considering whether the decision impugned is in conformity with the applicable rules."
Keywords:
advisory body; competence; competence of tribunal; complainant; difference; enforcement; internal appeals body; recommendation; request by a party; tribunal;
Judgment 155
24th Session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[I]t does not fall to the Administrative Tribunal to order any alteration of a report made on an official of the organization by the competent authorities or the withdrawal from the dossier of any part of such report."
Keywords:
application for quashing; competence of tribunal; judicial review; performance report; personal file; rating; work appraisal;
Judgment 148
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant suffers from total incapacity for work. He asks the Tribunal to recommend to the Joint Staff Pension Fund to pay him a permanent pension. "The Tribunal is not competent to deal with the above claim, since the United Nations Administrative Tribunal is the competent body to hear disputes relating to benefits payable by the United Nations Joint Staff Pension Fund."
Keywords:
competence of tribunal; complainant; disability benefit; remand; request by a party; unat; unjspf;
Judgment 137
22nd Session, 1969
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant holds a contract with a distinct administrative body and is subject to its Staff Regulations. Although that body has established close links with another organization which has recognised the competence of the Tribunal, and although its office serves in particular as the latter's regional office, it is nonetheless an independent body with its own staff under its sole authority. In the absence of any agreement on this point with the organization, the jurisdictional guarantees do not apply.
Keywords:
competence of tribunal; locus standi; status of complainant;
Considerations
Extract:
While maintaining links with an organisation having recognised the competence of the Tribunal, the complainant's employer is an independent body. The Tribunal has no jurisdiction. "In view of the reasonable doubts that the complainant may have had on the question of jurisdiction, the Tribunal, which itself ordered additional measures of investigation, considers it equitable, in spite of the dismissal of the complaint, to award him costs ".
Keywords:
competence of tribunal; costs; locus standi; status of complainant;
Consideration 2
Extract:
"The Tribunal recognises that as a result of holding that it lacks jurisdiction the complainant is thereby regrettably deprived of any means of judicial redress against the injury sustained as a result of the alleged breach of his contract. However, the Tribunal, being a court of limited jurisdiction, is bound to apply the mandatory provisions governing its competence, and it is for the organisation concerned itself to determine whether it is desirable to provide its employees with a safeguard which is enjoyed by the great majority of international officials at the present time."
Keywords:
competence of tribunal; locus standi; right of appeal; safeguard; status of complainant; vested competence;
Judgment 131
21st Session, 1969
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"There is no provision in the Staff Regulations or Rules conferring on the complainant any right in respect of the documents in the organization's file concerning him. He is not entitled to require either that they should be withdrawn or that copies of them should be furnished to him. The submissions on these matters are therefore unfounded."
Keywords:
application for quashing; competence of tribunal; complainant; confidential evidence; disclosure of evidence; elements; personal file; request by a party;
Judgment 126
20th Session, 1968
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"As to the claim for written and public apologies to be made by [...] the organization [...] this claim is not within the competence of the Administrative Tribunal."
Keywords:
claim; competence of tribunal; vague claim;
Consideration 1
Extract:
The organization contends that the present complaint has become irrelevant because of the termination of the complainant's employment after the filing of the complaint. "But the legality of the decision to terminate, which is also attacked in a complaint before the Administrative Tribunal, depends on the disposal of the present complaint. Moreover, if the present complaint were held to be well founded, the complainant could claim damages even if her complaint concerning termination were to be dismissed."
Keywords:
cause of action; competence of tribunal; complaint; judicial review; receivability of the complaint; separation from service; termination of employment;
Judgment 124
20th Session, 1968
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant seeks the rescission of decisions 1) cancelling the loan agreement and 2) deducting sums from his salary until repayment of his debt to the organization. The Tribunal is competent to rule on the second claim for relief. The lawfulness of the second decision depends on the lawfulness of the first. The Director-General accepted the finding of the Appeals Board that it was not competent to consider the appeal concerning cancellation of the loan and dismisses the appeal relating to salary deductions on its merits without going into the first claim. The complainant is referred back for a new decision on all the submissions, after taking account of the opinion of the appeals body.
Keywords:
application for quashing; case sent back to organisation; competence of tribunal; debt; decision quashed; deduction; loan; organisation; salary;
Judgment 119
19th Session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
In accordance with a decision taken by the FAO Conference, the Tribunal is competent to hear complaints from staff members of the organization alleging non-observance of their terms and conditions of employment, "with the exception of complaints concerning the benefits of the [...] Joint Staff Pension Fund. It follows that in the present case the Tribunal is not competent to rule on the complaint insofar as it relates to the payment of such benefits."
Keywords:
competence of tribunal; payment; pension; pension entitlements; unjspf;
Judgment 118
19th Session, 1968
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"On the submissions impugning the refusal of the Director-General [...] to submit to the Governing Body, for reference to the International Court of Justice, the question of the 'legal validity' of Judgment No. 96 of the Administrative Tribunal: the Administrative Tribunal is not competent to receive submissions of this nature."
Reference(s)
ILOAT Judgment(s): 96
Keywords:
advisory opinion of icj; competence of tribunal; executive body; executive head; icj; refusal; request by a party;
Judgment 117
19th Session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
If the signatory to the contract of employment had authority from the organization, the complainant could be held to be employed by the organization. "Authority is a clear and precise legal conception and if it cannot be found to exist it is not permissible to take refuge in imprecise expressions, such as that the credit union [which employs the complainant] was a body "within the framework of [the organization]". Accordingly, the complainant not being employed by [the organization], and so not one of its staff members, the Tribunal lacks jurisdiction".
Keywords:
competence of tribunal; contract; delegated authority; locus standi; non official; receivability of the complaint; right of appeal; status of complainant;
Judgment 112
18th Session, 1967
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"A plea to quash can be directed only against a decision, that is, against an act deciding a question in a specific case." A performance report embodies no decision capable of being rescinded. A complaint seeking such relief is not receivable.
Keywords:
application for quashing; competence of tribunal; condition; decision; performance report; probation report; receivability of the complaint;
Judgment 111
17th Session, 1967
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"It is a rule generally recognised by the courts that a complainant is not entitled to refer to the courts in a single complaint two or more different decisions having no connection with each other. In such a case, the court can examine the complaint only in respect of the first decision specified therein."
Keywords:
competence of tribunal; complaint; receivability of the complaint;
Judgment 109
17th Session, 1967
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"While the Tribunal is competent to review any decision of the Director-General terminating the appointment of an official during the probationary period [...], the Tribunal may not, however, substitute its own judgment for that of the Director-General in regard to the work or conduct of the person concerned or his or her suitability for international service."
Keywords:
competence of tribunal; discretion; judicial review; probationary period; qualifications; termination of employment;
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