Consultation (528,-666)

You searched for:
Keywords: Consultation
Total judgments found: 66

< previous | 1, 2, 3, 4 | next >

• 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  "The complainants plead that the staff representatives having withdrawn, the [Local Salary Survey Committee] was no longer competent to act and that the organization was in breach of its duty of consulting the staff either through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began, but the Committee did not, as the complainants make out, cease to exist after the staff representatives had withdrawn.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 1726

  
  84th Session, 1998
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 26

  Extract:

  The complainant submits that his transfer was unlawful. He criticizes the administration, notably, for not consulting him. "The complainant's seniority, length of service (virtually all of it on difficult posts in developing countries), the fact that he had only recently been moved [...] and the wholly unnecessary and unjustifiable failure to consult him constitute in the Tribunal's view a serious affront to his dignity and a breach of the Organization's obligation of respect towards him as a member of its staff."

  Keywords:

  consultation; decision; injury; organisation's duties; respect for dignity; transfer;
  

  
  
  

• Judgment 1618

  
  82nd Session, 1997
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 14

  Extract:

  The purpose of the rule in Article 38 of the Service Regulations is such that "the need for further consultation would be understandable if the proposals had been so radically amended as to be really new ones."

  Reference(s)

  Organization rules reference: ARTICLE 38 OF EPO SERVICE REGULATIONS
  
  

  Keywords:

  advisory body; consultation; interpretation; purpose; staff regulations and rules;
  

  
  
  

• Judgment 1616

  
  82nd Session, 1997
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "The provisions of the combined [Staff] Rules apply to international and local staff alike, and so any provision that applies to one category of staff and not to the other offends against those rules and is unlawful. Here the Director General had no authority to treat as a mere option the consultation of the Joint Board on Appeals from local staff: the combined [Staff] Rules apply to all staff and so does the duty those rules lay down. The rule under which the Director General exercised discretion was an unlawful one and he thereby committed a mistake of law."

  Keywords:

  advisory body; consultation; discretion; executive head; local status; non-local status; precedence of rules; staff regulations and rules;
  

  
  
  

• Judgment 1488

  
  80th Session, 1996
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  Article 38(3) of the Service Regulations, which provides for consultation of an advisory body, does "apply to cases where the Service Regulations and Pension Scheme Regulations are to be amended or 'implementing rules' are to be made, and the legal status of staff is thereby to be affected. But it goes further: it applies to cases where 'any proposal' is made 'which concerns the whole or part of the staff'. So it casts a wide net that goes beyond mere changes in legal provisions."

  Reference(s)

  Organization rules reference: ARTICLE 38(3) OF THE EPO SERVICE REGULATIONS
  
  

  Keywords:

  advisory body; consultation; interpretation; staff regulations and rules;
  

  Consideration 10

  Extract:

  "Article 38(3) [...] seeks to ensure that the proposal shall go through a formal process in which the staff have a right to be consulted through the General Advisory Committee. Indeed it makes for good relations between staff and administration not just to empower but to require that body, set up under the Service Regulations to represent both sides, to give 'a reasoned opinion'. It does not matter that management may have consulted the staff on the subject in other ways. What was lacking in this case was what Article 38(3) required: the formal consultation of the General Advisory Committee and the submission of its reasoned opinion before the decision was made."

  Reference(s)

  Organization rules reference: ARTICLE 38(3) OF THE EPO SERVICE REGULATIONS
  
  

  Keywords:

  advisory body; consultation; due process; organisation's duties; procedural flaw; staff regulations and rules;
  

  
  
  

• Judgment 1369

  
  77th Session, 1994
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 30

  Extract:

  Ever since Eurocontrol signed an agreement with the union "the staff have had access through their representatives to the relevant information and have been able to look at proposals in close cooperation with management and in keeping with the procedure for consultation. The organisation was therefore not required to state again reasons which it had already revealed in the consultations."

  Keywords:

  collective bargaining; consultation; duty to inform; duty to substantiate decision; limits; procedure before the tribunal; staff union; staff union agreement;
  

  
  
  

• Judgment 1200

  
  73rd Session, 1992
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The complainants dispute the amendment of a provision concerning pensionable remuneration in the Staff Regulations of the International Training Centre of the ILO at Turin. They allege that the impugned decision is unlawful because it was in breach of the duty to consult the Staff Relations Committee under Articles 0.3 and 10.2(a) of the Staff Regulations. The Tribunal observes that the principle embodied in these provisions is plain: cooperation between staff and management. The sequence of events shows that the organisation did not follow the prescribed procedure. The Tribunal holds that when the Centre wishes to amend its Staff Regulations "it is making a decision of its own and must abide by the rules of its own making. [...] its failure [to do so] in this instance was unlawful and has the effect of avoiding the new text of [the provision]. [...] Since the individual decisions under challenge rest on an improperly made amendment to the Staff Regulations they are unlawful."

  Reference(s)

  Organization rules reference: ARTICLES 0.3 AND 10.2 (A) OF THE ITC STAFF REGULATIONS
  
  

  Keywords:

  advisory body; amendment to the rules; consultation; due process; flaw; general principle; judicial review; patere legem; procedural flaw; procedure before the tribunal; staff regulations and rules;
  

  
  
  

• Judgment 1131

  
  71st Session, 1991
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The Tribunal observes that UNESCO's decision to separate the complainant from service after it abolished his post was flawed by the Organization's failure to abide by the rules in Circular No. 1583. The report of the Joint Co-Operation Committee, which was to make a recommendation on the case, gives no evidence of any discussion of the administration's proposals concerning the complainant. What is more, the proposal to freeze his post did not come from the competent authority. A redeployment proposal was rejected without having been discussed or put to the Director-General as required by the circular. As the complainant is not seeking reinstatement, the Tribunal grants him redress for material injury in the amount of one year's full pay.

  Keywords:

  abolition of post; administrative instruction; advisory body; advisory opinion; competence; consultation; decision-maker; fixed-term; non-renewal of contract; organisation's duties; procedural flaw; reassignment; separation from service;
  

  
  
  

• Judgment 1062

  
  70th Session, 1991
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  Article 38(3) of the EPO Service Regulations says that the General Advisory Committee, a joint body comprising staff and management representatives, shall be responsible for giving a "reasoned opinion" - except in cases of obvious urgency - on any proposal which concerns the whole or part of the staff. The aim of the provision is to encourage proper consultation between the two sides and that means giving the Committee enough information. At issue is the decision to raise from 1 January 1988 the staff's contributions to the organisation's collective insurance against the risks of death and invalidity. But the Committee did not have the information on which to base "a reasoned opinion" until its meeting of 24 and 25 November. The Tribunal will therefore quash the EPO's decision to increase his contributions for the period from 1 January to 25 November 1988.

  Reference(s)

  Organization rules reference: ARTICLE 38.3 OF THE EPO SERVICE REGULATIONS
  
  

  Keywords:

  advisory body; advisory opinion; consultation; contributions; increase; insurance; organisation's duties;
  

  
  
  

• Judgment 1020

  
  69th Session, 1990
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "Consultation does not require negotiation, let alone approval. The staff representatives merely state their opinion, and it is not binding on the administration." The Tribunal is satisfied that in the instant case the required consultations took place.

  Keywords:

  collective bargaining; consultation; difference; organisation's duties;
  

  
  
  

• Judgment 1019

  
  69th Session, 1990
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  Vide Judgment 1020, consideration 2.

  Reference(s)

  ILOAT Judgment(s): 1020
  

  Keywords:

  collective bargaining; consultation; difference; organisation's duties;
  

  
  
  

• Judgment 939

  
  65th Session, 1988
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The complainant was transferred without prior consultation of the Selection Board as required under Article 4.2(f) of the Staff Regulations. The Tribunal holds that the breach of procedure was minor, though it did cause the complainant injury. The Tribunal will therefore refrain from quashing the impugned decision and will order the organisation to pay the complainant damages and a further sum towards costs.

  Reference(s)

  Organization rules reference: ARTICLE 4.2 OF THE ILO STAFF REGULATIONS
  
  

  Keywords:

  consultation; costs; flaw; injury; material damages; organisation's duties; procedural flaw; selection board; transfer;
  

  
  
  

• Judgment 911

  
  64th Session, 1988
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 17

  Extract:

  "Although, as UNESCO says and indeed the Tribunal has held, facilities are not a matter for negotiation or agreement and although no obligation attaches to the actual outcome of consultations, one of an executive head's duties is to consult the staff association in keeping with [...] general principles [...] reflected in Chapter VIII [of the Staff Regulations]."

  Reference(s)

  Organization rules reference: CHAPTER VIII OF THE UNESCO STAFF REGULATIONS
  
  

  Keywords:

  consultation; enforcement; facilities; general principle; organisation's duties; staff regulations and rules; staff union;
  

  
  
  

• Judgment 872

  
  63rd Session, 1987
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 9-10

  Extract:

  By virtue of Article LS VI 1.08 of the ESO Staff Regulations and Staff Rules "the Director General may appoint a committee which includes local staff members to advise him on specific cases of disputes and appeals." "The power thus given to the Director General is discretionary. He decided in this case that it was not necessary to appoint a committee to advise him; no reasons have been advanced why his decision should be overruled and it therefore stands unchallenged."

  Reference(s)

  Organization rules reference: ARTICLE LS VI 1.08 OF THE ESO STAFF REGULATIONS AND STAFF RULES
  
  

  Keywords:

  advisory body; consultation; discretion; internal appeal; internal appeals body; organisation's duties; procedure before the tribunal;
  

  
  
  

• Judgment 809

  
  61st Session, 1987
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 16

  Extract:

  "The Director-General omitted to consult the Executive Board of Unesco before taking his decision, though Article 54 of the Board's Rules of procedure reads: 'The Director-General shall consult the members of the Executive Board with regard to the appointment or renewal of a contract of officials at D.1 and above whose posts come under the regular budget of the organization.'" The decision to appoint the complainant to an unclassified post is therefore tainted with a fatal flaw.

  Reference(s)

  Organization rules reference: ARTICLE 54 OF THE RULES OF PROCEDURE OF THE EXECUTIVE BOARD OF UNESCO
  
  

  Keywords:

  appointment; assignment; breach; consultation; executive body; executive head; extension of contract; flaw; organisation's duties; professional category; written rule;
  

  
  
  

• Judgment 751

  
  59th Session, 1986
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "It is [...] immaterial that the Committee did not comment on the figures in the new salary scales. [...] In this instance what 'concerns the whole or part of the staff' is the rules for calculating the salaries of staff categories, not the actual amounts individual staff members will be paid".

  Keywords:

  advisory body; advisory opinion; amendment to the rules; consultation; enforcement; organisation's duties; provision; reckoning; salary; scale; staff regulations and rules;
  

  
  
  

• Judgment 496

  
  48th Session, 1982
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 34

  Extract:

  Within the limits determined by the organization's interests, "the Director has the widest discretion in determining the extent of the facilities which the organization offers to the staff association and in making from time to time such changes in them as he thinks to be desirable. Changes do not have to be negotiated and agreed [...]. [The Director] may not, as is the rule in all his decisions, act without taking all the relevant facts into consideration and he can hardly do that without ascertaining the views of the staff association. But after these have been considered, the decision is for him alone."

  Keywords:

  abuse of power; amendment to the rules; consultation; facilities; misuse of authority; organisation's duties; staff union;
  

  
  
  

• Judgment 431

  
  45th Session, 1980
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  When an organisation is considering whether or not to renew the contract of a government official of a Member State, it is reasonable that it should once again consult the Member State it consulted at the time of the initial appointment. It is conceivable that the mMmber State will wish to re-recruit its former official. Where sound reasons for opposition to the renewal are expressed or implied, the Director-General will go along with them. "But he may not forgo taking a decision in the organisation's interests for the sole purpose of satisfying a Member State."

  Keywords:

  consultation; contract; fixed-term; grounds; member state; non-renewal of contract; refusal;
  

  
  
  

• Judgment 391

  
  43rd Session, 1980
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The complainants argue that the staff union acted at variance with its own rules in proposing reductions in salary and in hours of work to prevent dismissals. They accuse it of having consulted the whole staff instead of just its members and maintain that there were irregularities in the voting. "The Tribunal is not competent to pass judgment on the activities of the staff union and the staff union bodies. The complainants' pleas are material only insofar as the organisation gave weight to the staff union's resolutions".

  Keywords:

  competence of tribunal; consultation; flaw; staff union;
  

  
  
  

• Judgment 381

  
  42nd Session, 1979
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  A provision in the Staff Rules "expressly provides that the Director-General shall consult with his staff [...]. This makes it difficult to imply a further term requiring him not merely to consult but to negotiate".

  Keywords:

  collective bargaining; consultation; enforcement; organisation's duties; provision; staff regulations and rules;
  

< previous | 1, 2, 3, 4 | next >