ILOAT Statute (223,-666)
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Keywords: ILOAT Statute
Total judgments found: 193
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Judgment 322
39th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"In accordance with Article II of its Statute the Tribunal hears complaints of breach of terms of appointment or of Staff Regulations and Staff Rules. In reaching its decisions it construes such texts by the accepted methods of legal interpretation."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
Keywords:
competence of tribunal; contract; iloat statute; staff regulations and rules;
Judgment 317
39th Session, 1977
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The organisation and the Provident Scheme jointly concluded a contract with the complainant. "According to Article VII of its Statute the Tribunal hears complaints which challenge decisions and decisions alone, and that excludes contracts, for example. Unless the complainant is impugning a decision her complaint is irreceivable. If the complainant wished to avoid or vary the contract [...] she ought first to have asked the other parties and called for decisions from them on the matter. Those are the only kind of decisions she might have impugned before the Tribunal."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
application for quashing; cause of action; competence of tribunal; condition; contract; iloat statute; no cause of action; receivability of the complaint;
Judgment 307
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4(D)
Extract:
"Paragraph 5 [of Article II] in the English text refers to non-observance of 'the terms of appointment', but in this context the word 'appointment' is not in the opinion of the Tribunal to be restricted to the narrow sense of a formal appointment. It must be treated as embracing a contract to make an appointment and in this sense it is consistent with the French text, 'contrat d'engagement'."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; contract; iloat statute; interpretation; language of rule; terms of appointment;
Judgment 272
36th Session, 1976
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[T]he authority given to the Tribunal by Article II of its Statute is limited to complaints alleging non-observance of the terms of appointment of officials and of provisions of the Staff Regulations. The authority does not extend to the giving of advisory rulings nor to resolving differences in which there is no question of a breach of the terms of appointment or of the Staff Regulations."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
competence of tribunal; contract; enforcement; iloat statute; provision; staff regulations and rules;
Judgment 231
32nd Session, 1974
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"According to Article II, paragraph 5, of its Statute the Tribunal hears complaints drawn up against organisations which have recognised its competence and alleging non-observance of terms of appointment or the provisions of staff regulations."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; contract; enforcement; iloat statute; staff regulations and rules;
Judgment 221
31st Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"A decision impugned is the foundation of the Tribunal's competence under its Statute; and if none is impugned, it has no competence."
Keywords:
cause of action; competence of tribunal; decision; iloat statute; no cause of action; receivability of the complaint;
Judgment 173
26th Session, 1971
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"According to Article II, paragraph 6, of the Statute of the Tribunal, the Tribunal shall be open only [a] to the official, even if his employment has ceased, and to any person on whom the official's rights have devolved on his death; [b] to any other person who can show that he is entitled to some right under the terms of appointment of a deceased official or under provisions of the staff regulations on which the official could rely."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 6, OF THE STATUTE ILOAT Judgment(s): 141
Keywords:
iloat statute; locus standi;
Judgment 171
25th Session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[A]ccording to Article VI of the Statute, "the Tribunal shall take decisions by a majority vote; judgments shall be final and without appeal." Accordingly, if [the complainant] is requesting the Tribunal to quash its earlier judgments nos. 142 and 151 [...] his claims are irreceivable."
Reference(s)
ILOAT reference: ARTICLE VI OF THE STATUTE ILOAT Judgment(s): 142, 151
Keywords:
application for quashing; finality of judgment; iloat statute; judgment of the tribunal; last instance; receivability of the complaint;
Judgment 71
12th Session, 1964
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Paragraph 6 of Article II of the Statute of the Tribunal reserves access to the Tribunal to officials of the organisations defined in paragraph 5 of the same article [...] to any person on whom an official's rights have devolved on his death; and to any other person who can show that he is entitled to some right under the terms of appointment of a deceased official or under provisions of the Staff Regulations on which the official could rely."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPHS 5 AND 6, OF THE STATUTE
Keywords:
definition; iloat statute; locus standi;
Judgment 68
12th Session, 1964
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 71, consideration 5.
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPHS 5 AND 6, OF THE STATUTE ILOAT Judgment(s): 71
Keywords:
definition; iloat statute; locus standi;
Judgment 57
10th Session, 1962
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Although under Article 19 of its Rules of court the Tribunal may prescribe provisional measures during the preliminary examination of a complaint before it, no such measures can be contemplated unless they are directed to ensuring a fully satisfactory preliminary examination of the case, and unless they are conducive to that end, and such as to enable the Tribunal to issue a judgment based on a full knowledge of the facts or serving an effective purpose."
Reference(s)
ILOAT reference: ARTICLE 19 OF THE RULES
Keywords:
complaint; iloat statute; provisional measures; purpose; submissions;
Judgment 55
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
As the complaint was not filed within the time limit provided for under Article VII, paragraph 2, of the Statute of the Tribunal, it is not receivable. "It is to no purpose that the complainant alleges that she was unaware of the conditions under which she had access to the Tribunal, since she had been provided with a copy of the Staff Rules of the organization, articles [...] of which make provision both for access to the Tribunal and for the availability of the Statute of the Tribunal."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE
Keywords:
complaint; duty to inform; iloat statute; receivability of the complaint; staff regulations and rules; time bar; time limit;
Judgment 40
8th Session, 1960
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The Tribunal is bound by the time limit of 90 days laid down for the lodging of complaints in Article VII, paragraph 2, of the Statute of the Tribunal. "Article 18 of the Rules of court authorises the Tribunal to extend only those time limits provided in the Rules and not those provided in the Statute."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE; ARTICLE 18 OF THE RULES
Keywords:
complaint; enforcement; exception; iloat statute; new time limit; receivability of the complaint; time bar; time limit;
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