Case law (179, 687, 856,-666)
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Keywords: Case law
Total judgments found: 280
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Judgment 1838
86th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 16-17
Extract:
"The complainants plead that the staff representatives having withdrawn, the [Local Salary Survey Committee] was no longer competent to act and that the organization was in breach of its duty of consulting the staff either through such a body or else, in accordance with Staff Regulation 8.1, directly. [This] plea [...] must fail. Not only did the Committee and its working party both comprising staff representatives function for many months before the survey began, but the Committee did not, as the complainants make out, cease to exist after the staff representatives had withdrawn. The [organization] repeatedly invited them to take part, and their refusal to do so did not have the effect of disqualifying the Committee or invalidating its recommendations. nor was there any breach of Regulation 8.1. [The Tribunal draws an analogy between this issue and the issue considered in Judgment 1565]."
Reference(s)
Organization rules reference: WHO STAFF REGULATION 8.1
ILOAT Judgment(s): 1565
Keywords:
advisory body; case law; competence; composition of the internal appeals body; consultation; delegated authority; organisation's duties; qualifications; recommendation; salary; staff representative;
Judgment 1829
86th Session, 1999
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-8
Extract:
"The complainant asks the Tribunal to review [an administrative decision] notwithstanding that the internal appeal procedure has not been completed. The Tribunal's case law has it that where the pursuit of the internal remedies is unreasonably delayed the requirement of Article VII(1) will have been met if, though doing everything that can be expected to get the matter concluded, the complainant can show that the internal appeal proceedings are unlikely to end within a reasonable time. [The Tribunal refers to the case law.] The complainant's internal appeal was received by the organisation on 16 April 1997. Her statement is lengthy and has 24 annexes. Less than a month later the Vice-President completed his initial assessment of her claims and referred the matter to the Appeals Committee. She filed this complaint just over three months later. The Tribunal holds that at the date of filing the present complaint the internal appeal process had not been unreasonably delayed and there was no indication that it was unlikely to come to an end within a reasonable time."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
case law; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; procedure before the tribunal; reasonable time; receivability of the complaint; time limit;
Judgment 1821
86th Session, 1999
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The principles governing the limits on the discretion of international organisations to set adjustments in staff pay [...] may be concisely stated as follows: (a) An international organisation is free to choose a methodology, system or standard of reference for determining salary adjustments for its staff provided that it meets all other principles of international civil service law [...]. (b) The chosen methodology must ensure that the results are 'stable, foreseeable and clearly understood' [...]. (c) Where the methodology refers to an external standard but grants discretion to the governing body to depart from that standard, the organisation has a duty to state proper reasons for such departure [...]. (d) While the necessity of saving money may be one valid factor to be considered in adjusting salaries provided the method adopted is objective, stable and foreseeable [...], the mere desire to save money at the staff's expense is not by itself a valid reason for departing from an established standard of reference [...]." (See cited case law.)
Keywords:
adjustment; budgetary reasons; case law; condition; coordinated organisations; cost-of-living increase; criteria; discretion; duty to inform; duty to substantiate decision; exception; executive body; good faith; grounds; international civil service principles; limits; organisation's duties; patere legem; rule of another organisation; salary; scale;
Judgment 1820
86th Session, 1999
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Where a rule is cast in more than one official language and no one version is to prevail, all versions shall be deemed to bear the same meaning and the right construction shall be the one that respects the draftsman's intent and best reconciles them". The Tribunal cites the case law.
Keywords:
authentic version; case law; interpretation; purpose; subsidiary; written rule;
Judgment 1817
86th Session, 1999
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11(a)
Extract:
"Before dismissing someone on the grounds of performance an organisation must ordinarily give fairly prompt warning so as to allow for improvement. But all that is needed is that the staff member be aware of the risk of dismissal and of the need for improvement. If the staff member still proves unsatisfactory, dismissal will be in order even if founded on new shortcomings that are not the same as those that prompted the warning [...]. And again those rules hold good mutatis mutandis for ending probation". The Tribunal cites the case law.
Keywords:
case law; duty to inform; organisation's duties; probationary period; termination of employment; unsatisfactory service; warning; work appraisal;
Judgment 1812
86th Session, 1999
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"There is no single time limit for executing judgments. The Tribunal's practice is to let the organisation have a reasonable amount of time to act, and what is reasonable will depend, among other things, on the circumstances and the issues at stake. To be sure, the Tribunal has said more than once that any lump-sum award by the Tribunal is to be paid in 30 days [see Judgments 1620 and 1748]. That deadline holds good when the organisation may readily work out the amount due. But it does not when a case is sent back for a new decision: the time to be allowed will then turn on the peculiarities of the case."
Reference(s)
ILOAT Judgment(s): 1620, 1748
Keywords:
application for execution; case law; case sent back to organisation; delay; execution of judgment; judgment of the tribunal; organisation's duties; practice; time limit; tribunal;
Judgment 1800
86th Session, 1999
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The complainants' [...] plea is that the sole purpose of the change in the rules on the [post adjustment] index [decided by the ICSC] was to save money. The Tribunal need only quote the reply it gave to that argument in Judgment 1776: 'If the new method is lawful the fact that applying it saves member States money cannot in itself be a flaw.' And the evidence suggests no misuse of authority by the [ICSC], which, against the odds, tries to find from time to time objective criteria for reckoning post adjustment throughout the common system."
Reference(s)
ILOAT Judgment(s): 1776
Keywords:
abuse of power; amendment to the rules; budgetary reasons; case law; icsc decision; member state; misuse of authority; official; post adjustment; reckoning; right; salary;
Judgment 1798
86th Session, 1999
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"A strong line of precedent has it that payslips are individual decisions which may be challenged before the Tribunal. [...] Even though the council has reserved its right to alter pay for July 1996 later, and retroactively, the impugned decisions do show a cause of action."
Keywords:
amendment to the rules; case law; cause of action; discretion; executive body; individual decision; payslip; tribunal;
Judgment 1797
86th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-13
Extract:
"The Organization pleads that it is under no duty to pay contributions for [the complainant] to the Pension Fund or to the staff health insurance plan and would have had such duty only if he had been reinstated [...]. The Tribunal ruled on a similar issue in Judgment 1338 [...], in which it held that its award [...] of damages equivalent to 'the amount of the salary, allowances and other entitlements [the complainant] would have received' had not required reinstatement in the Pension Fund or health insurance."
Reference(s)
ILOAT Judgment(s): 1338
Keywords:
allowance; application for execution; case law; contribution rate; contributions; enforcement; health insurance; insurance; judgment of the tribunal; organisation's duties; reinstatement; salary; social benefits; unjspf;
Judgment 1786
86th Session, 1999
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"According to consistent precedent, when impugning an individual decision that touches him directly, the employee of an international organisation may challenge the lawfulness of any general or prior decision'. That ruling does not allow direct challenge to a general decision of a kind that must ordinarily be given effect by individual decision [see Judgment 1000]. As the Tribunal said in Judgments 624 [...] and 663 [...] and has often said since, the staff member must impugn an individual decision applying a general one and, if need be, may for that purpose challenge the lawfulness of the general one without any risk of being told that such challenge is time-barred."
Reference(s)
ILOAT Judgment(s): 624, 663, 1000
Keywords:
case law; cause of action; complaint; general decision; individual decision; official; receivability of the complaint; time bar; time limit;
Judgment 1780
85th Session, 1998
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6(a)
Extract:
"According to consistent precedent both employer and employee must show good faith. For the Organisation, that means giving its staff notice of any facts or rules that may influence their dealings with it [...]. But [...] the Organisation will not be financially liable unless the staff member has suffered financial injury."
Keywords:
case law; duty to inform; good faith; injury; liability; material injury; organisation; organisation's duties; staff member's interest;
Judgment 1775
85th Session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
According to the complainant, the way he accepted the offer of employment did form a binding contract. The Tribunal considers that "[the complainant] must show an unqualified agreement and meeting of minds between the Organization and himself on the essential terms of a contract of employment. The Tribunal is unable to read [a telex from the complainant to the Organization] as anything but a counter-offer on one of the most essential terms of the proposed contract, namely remuneration. Certainly, it cannot be said to be an unqualified acceptance and the fact that it is couched in terms of a claim of right does nothing to change its character; a potential employee does not have an automatic right to any particular grade or step and an offer which specifies one figure of salary cannot be accepted by a claim to a higher figure: see Judgment 228 [...]."
Reference(s)
ILOAT Judgment(s): 228
Keywords:
acceptance; case law; contract; grade; offer; right; salary; step;
Judgment 1771
85th Session, 1998
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2(c)
Extract:
"The complainant applies for an expert enquiry to determine whether she is fit for the duties of the post. Firm precedent has it that an executive head must be allowed discretion to determine what services the Organisation needs and whether someone is able to provide them, and that the Tribunal may exercise only a limited power of review over decisions on such matters. To allow the complainant's application for expert inquiry would be to assume that the Tribunal might replace the Director General's assessment of her with its own and would be alien to the notion of limited review [...]."
Keywords:
case law; competition; discretion; executive head; expert inquiry; judicial review; qualifications; refusal;
Judgment 1756
85th Session, 1998
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"A firm line of precedent says that rights under a contract of employment may be express or implied, and include any that flow from general principles of the international civil service or human rights [...]."
Keywords:
applicable law; case law; contract; general principle; international civil service principles;
Judgment 1750
85th Session, 1998
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"A steady line of precedent does indeed have it that non-renewal and valid reasons for it must be duly notified so that the staff member may act accordingly and in particular exercise the right of appeal [...]. The case law does not require that the reasons be stated in the text that gives notice of non-renewal."
Keywords:
case law; contract; decision; duty to substantiate decision; fixed-term; grounds; non-renewal of contract; right of appeal;
Judgment 1712
84th Session, 1998
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"As the Tribunal has said before, there may be a cause of action even if there is no present injury: time may go by before the impugned decision causes actual injury. The necessary, yet sufficient, condition of a cause of action is a reasonable presumption that the decision will bring injury. The decision must have some present effect on the complainant's position."
Keywords:
absence of final decision; case law; cause of action; complainant; consequence; effect; injury; receivability of the complaint;
Judgment 1684
84th Session, 1998
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Article VII, paragraph 1, of the Tribunal's Statute says that for a complaint to be receivable the internal remedies must have been exhausted. But precedent has it that, if there is delay over the final decision, the requirement will be met provided that the complainant has done everything that might be expected of him to get one but the appeal proceedings are unlikely to end within a reasonable time. [...] The requirement was plainly met in this case. Having done all that he did, to no avail, the complainant could not reasonably be required to wait any longer, there being no grounds for expecting the Appeals Committee to report soon. The organisation's domestic difficulties in running its appeal procedure afforded no excuse for denying him due process."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
administrative delay; case law; condition; exception; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; reasonable time;
Judgment 1660
83rd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The Association's third objection is that the complainants are challenging the adoption of rules and in any event cannot impute any present injury thereto. According to precedent an international civil servant may in exceptional circumstances challenge the lawfulness of a rule that has been applied to him. The notification to the complainants of the changes in the system of reckoning and paying their retirement pensions constituted individual application of rules adopted by the member States of EFTA and set out in the contract with [a private insurance company]. Even though, as the defendant says, the complainants cannot yet show any injury, they do have a cause of action and may challenge, howsoever they wish, the lawfulness of the new pension rules."
Keywords:
case law; cause of action; competence of tribunal; complaint; executive body; general decision; individual decision; injury; lack of injury; pension; receivability of the complaint;
Consideration 15
Extract:
"According to Judgment 1330 [...] and other precedents, the right to appeal to an international administrative tribunal forms part of the essential safeguards that international civil servants must enjoy."
Reference(s)
ILOAT Judgment(s): 1330
Keywords:
acquired right; case law; competence of tribunal; iloat; official; right of appeal; safeguard; terms of appointment;
Judgment 1646
83rd Session, 1997
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6 and 10
Extract:
"When an organisation chooses to hold a competition it must abide by its written rules and by the general principles set forth in the case law, particularly insofar as they govern the formal side of the process. [...] As the Appeal Board gathered from the personal records of the candidates on the preselection panel's list, [the successful candidate] had neither the university degree nor the experience that the notice required."
Keywords:
applicable law; appointment; candidate; case law; competition; criteria; degree; due process; international civil service principles; organisation's duties; patere legem; procedure before the tribunal; professional experience; selection procedure; staff regulations and rules; vacancy notice;
Judgment 1618
82nd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainants, who are permanent officials, object to a change in the Service Regulations which applies to officials under fixed-term appointments. "For the same reasons as those stated in Judgment 1451 the present complaints are receivable. What is at issue is not a general decision setting out the arrangements governing pay or other conditions of service. Such arrangements take the form of individual implementing decisions that each employee may eventually challenge [...]. What is at issue here is the adoption of rules on the employment of contract staff that may have indirect effects on the status of permanent employees as to their pay - if they have to bear a heavier financial burden - or as to their indirect involvement in the framing of EPO policy" as members of advisory bodies.
Reference(s)
ILOAT Judgment(s): 1451
Keywords:
case law; competence of tribunal; contract; duration of appointment; exception; fixed-term; general decision; individual decision; permanent appointment; receivability of the complaint; staff regulations and rules;
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