Right (635,-666)
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Keywords: Right
Total judgments found: 226
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Judgment 2156
93rd Session, 2002
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The general principles which govern employment relationships in international organisations and which are also generally recognised in national labour legislation" recognise "that elected representatives of the staff enjoy specific rights and safeguards".
Keywords:
domestic law; general principle; international civil service principles; right; safeguard; staff representative;
Judgment 2145
93rd Session, 2002
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5 to 8
Extract:
"In the Organisation's view, since the payments it was making to the complainant were entirely voluntary, a matter of grace and favour on its part, it was quite at liberty to suspend such payments when the complainant failed to fulfil her obligation to submit to the [...] medical examination [required by the Invalidity Committee]. [It] is wrong. The Invalidity Committee's report [...] was categorical in stating that the complainant must be regarded as not fit for work. That means that she was unable to perform her duties and at a minimum she was entitled to receive the emoluments provided for in Article 62(7) unless and until the Invalidity Committee made a further finding putting an end to her sick leave, extending it, or placing her on permanent disability. But, without the authorisation of the Invalidity Committee, the [Organisation] had no right by its own unilateral action to suspend the payments to which she was entitled by law. [...] There can be no doubt that the [complainant] has a clear obligation to assist the Invalidity Committee and to present herself as and when reasonably required to do so for examination or treatment. If she fails to do so, that might constitute grounds for the Invalidity Committee to declare her sick leave at an end or it might form the basis of disciplinary action. [However, the Organisation] cannot take the law into its own hands without regard for the complainant's rights or its own obligations under the Service Regulations. [...] The highhanded actions of the [Organisation] in cutting the complainant's payments are both unjustified and illegal. The impugned decision must be rescinded."
Reference(s)
Organization rules reference: ARTICLE 62 (7) OF THE SERVICE REGULATIONS
Keywords:
disability benefit; disciplinary procedure; incapacity; invalidity; medical board; medical examination; medical fitness; organisation's duties; payment; pension entitlements; refusal; right; sick leave; staff member's duties; staff regulations and rules;
Judgment 2142
93rd Session, 2002
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 16-17
Extract:
The complainants' request for mutually agreed separation was not allowed. "They suggest that a number of staff members who were granted a mutually agreed separation should not have been entitled to benefit from the exercise [...] The complainants request that the Tribunal itself undertake a complete examination of all documents relative to the [...] selection process or, alternatively, that they themselves, or their representative, be allowed to examine the documents.
The Tribunal will not make an order of the type sought. The documents of the [mutually agreed separation] exercise, to the extent that they apply to other staff members, are confidential and the complainants' representative enjoys no privileged position in this regard. Without some evidence to support the complainants' unfounded allegations [...] the Tribunal will not sanction, or itself undertake, a wholesale 'fishing expedition' based on nothing more than the possibility that something may turn up."
Keywords:
acceptance; agreed termination; appointment; competence of tribunal; complainant; confidential evidence; counsel; disclosure of evidence; fishing expedition; iloat; lack of evidence; mistake of fact; official; procedure before the tribunal; refusal; request by a party; right;
Judgment 2139
93rd Session, 2002
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The right of international officials to resort to all internal and jurisdictional remedies available to them without detriment to their career is an essential guarantee to which the Tribunal attaches the greatest importance."
Keywords:
career; consequence; iloat; internal appeal; judicial review; official; right; right of appeal; safeguard;
Judgment 2138
93rd Session, 2002
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant requests that he be considered for a long- term contract. He "can take no comfort from the case of another staff member in a somewhat similar situation who was given a long-term contract [...] The awarding of such contracts is exceptional and wholly discretionary and the fact that a contract is granted to one staff member creates no rights for any other staff member."
Keywords:
acceptance; complainant; contract; discretion; duration of appointment; equal treatment; exception; executive head; official; request by a party; right;
Judgment 2097
92nd Session, 2002
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"Most contracts are entered into because both parties think it is to their economic advantage to do so. Where there is great disparity in bargaining power [...] the law will impose constraints upon the more powerful. In the international civil service that is one of the functions of the staff rules, and where these are inadequate, the Tribunal will intervene to redress the balance through the application of general principles of international civil service law."
Keywords:
contract; difference; enforcement; grounds; international civil service principles; limits; right; staff regulations and rules; tribunal;
Judgment 2091
92nd Session, 2002
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10 and 12
Extract:
The complainant had an accident while on duty. He signed a settlement agreement with the organisation and the CERN Pension Fund in order to solve the issue of the payment of an incapacity pension by the pension fund. "The ESO submits the complaint is not receivable as it does not allege non-observance of the terms of the complainant's appointment or of the [organisation]'s rules and regulations [...]. The Tribunal considers that since the settlement between the complainant, the [organisation] and the CERN Pension Fund arises out of the complainant's rights under his contract of employment as well as the Staff Rules and Regulations, it has jurisdiction to consider the effect of the trilateral agreement."
Keywords:
breach; cern pension fund; competence of tribunal; complainant; complaint; consequence; contract; definition; effect; iloat; incapacity; judicial review; organisation; payment; pension; professional accident; provision; receivability of the complaint; right; service-incurred; staff regulations and rules;
Judgment 2081
92nd Session, 2002
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Consistent precedent has it that an organisation is ordinarily free to determine the pay of its staff, provided that it respects certain requirements arising from general principles of international civil service law [...] Furthermore, if the organisation has a rule granting certain rights to staff members in relation to their level of salary, it may not depart from that rule in individual decisions without amending it in accordance with the prescribed procedure."
Keywords:
amendment to the rules; amount; case law; condition; discretion; formal requirements; general principle; individual decision; international civil service principles; official; organisation; organisation's duties; provision; right; salary; staff regulations and rules;
Judgment 2080
92nd Session, 2002
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 14-15
Extract:
"The Director-General, in exercise of his discretionary authority and taking into account the overall interests of the organisation, decided that the [complainant's] post [...] should be redefined and that [his] contract should not be renewed. The Tribunal accepts that the organisation was entitled to adapt to changes and to modify the job description for the given post in view of the organisation's future needs."
Keywords:
amendment to the rules; contract; decision; discretion; executive head; non-renewal of contract; organisation; organisation's interest; post description; post held by the complainant; reorganisation; right;
Judgment 2074
91st Session, 2001
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant applied for a post but was not selected. "The complainant claims the right of preference which is accorded, when candidates are equally competent, to internal applicants [...] In view of its objective, which is to secure the best possible employees for an organisation, equality of competence applies to all the abilities required of an employee, both professional and personal. The Secretary-General did not overstep his discretionary authority by concluding that the overall aptitude of the candidates was not equal. The plea must therefore fail."
Keywords:
candidate; competition; condition; discretion; executive head; internal candidate; no cause of action; organisation's interest; purpose; qualifications; refusal; right;
Judgment 2072
91st Session, 2001
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The appeal procedure was inordinately long: the case was before the Committee for two years, yet it was not a very difficult one and it needed to be settled promptly [...] In these circumstances, the delay in resolving it amounts to negligence warranting compensation. The Tribunal therefore considers that the complainant is entitled to redress, and it sets the amount at 3,000 United States dollars."
Keywords:
administrative delay; amount; internal appeals body; misconduct; moral injury; organisation's duties; procedure before the tribunal; reasonable time; right; submissions;
Judgment 2066
91st Session, 2001
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"There is breach of equal treatment only where staff members in an identical or comparable position in fact and in law receive different treatment from the organisation. Consequently, the right to equal treatment does not preclude amendment of a rule or the way in which it is applied. A new rule could be less favourable than the old one, and hence be subject to challenge, without necessarily impairing the right to equal treatment."
Keywords:
amendment to the rules; breach; definition; difference; enforcement; equal treatment; general principle; right; written rule;
Judgment 2057
91st Session, 2001
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Following Judgments 1682 and 1887, adjustments of the 1995-1996 salary scales have been retroactively raised. The organisation paid the difference in salary but did not adjust the salary scales for the following years (those salary scales had been calculated based on the old 1995-1996 salary scales). The Tribunal states that "the [organisation]'s retroactive reconstitution of the adjustments had the paradoxical effect of limiting the application of the [...] staff's improved salary scales to a single year, and of reducing their salary levels [...] after [...] 1996. The result is an impairment of rights: staff are entitled to expect that any adjustments to their pay will be made on the basis of the salary scales which were established lawfully for the period preceding the adjustment."
Reference(s)
ILOAT Judgment(s): 1682, 1887
Keywords:
accumulation; adjustment; date; effect; increase; official; purport; right; salary; scale;
Judgment 2054
91st Session, 2001
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The Tribunal is unable to agree with the complainant that as a disabled former staff member he is entitled to a right to reassignment. There is no basis in the Staff Regulations for conferring on him a preferential status. As with any job applicant, he has to follow the procedures and apply for any desired vacant post. To rule otherwise would, in effect, introduce an amendment to the applicable rules to unduly favour disabled former staff members. As the Tribunal has held in Judgment 637 [...] the staff (much less former employees) 'may not demand amendment of the rules governing their employment'."
Reference(s)
ILOAT Judgment(s): 637
Keywords:
amendment to the rules; candidate; competition; handicapped person; priority; reassignment; right; separation from service; staff regulations and rules; vacancy;
Judgment 2047
91st Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"With regard to the complainant's claim to be provided with copies of any medical reports relied upon by [the insurance brokers] Van Breda, it is trite law that a staff member's right to see medical reports may not ordinarily be challenged. As such, the complainant should be provided with copies of medical reports contained in Van Breda's file relating to this matter. Whether or not the [organisation] has these documents in their possession is irrelevant. As the policy holder, it has the right to give instructions that the complainant be given access to these documents and must ensure that she is provided with the information as soon as reasonably possible. [...] It is of no avail that some or all of the reports in question may have been given by the complainant's own doctors: she is entitled to know from Van Breda exactly what medical information about her it has received and from whom."
Keywords:
duty to inform; insurance; medical opinion; medical records; organisation's duties; right;
Judgment 2045
91st Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"As the Tribunal has recalled in Judgment 1684 [...], medical records are strictly personal and the staff member's right to see them may not ordinarily be challenged."
Reference(s)
ILOAT Judgment(s): 1684
Keywords:
confidential evidence; duty to inform; medical records; right;
Judgment 2027
90th Session, 2001
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Eurocontrol contends that the complaint is irreceivable because the "decision" to transfer him was not a real decision coming from an appointing authority, thus, he fails to show injury and has no cause of action. The objections to receivability fail. Even a simple measure on a matter of internal reorganisation such as transfer may sometimes impair the staff member's rights and legitimate interests (see Judgment 1078 [...] among others)."
Reference(s)
ILOAT Judgment(s): 1078
Keywords:
burden of proof; cause of action; decision; executive head; grounds; injury; lack of injury; reassignment; receivability of the complaint; reorganisation; right; staff member's interest; transfer;
Judgment 2018
90th Session, 2001
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
The decision not to confirm the complainant's appointment after a probationary period and to terminate his employment prior to the expiry of his fixed-term contract is quashed. "The complainant is entitled to be reinstated in his post or in one of an equivalent grade with full salary and benefits (including any salary increases which he would have received if he had not been terminated) to the end of his fixed-term appointment."
Keywords:
allowance; condition; contract; date; fixed-term; grade; increase; post; post held by the complainant; probationary period; reconstruction of career; refusal; reinstatement; right; salary; termination of employment;
Judgment 2008
90th Session, 2001
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[The organization] submits that the Tribunal is not competent to entertain the complaint because, having left [the organization] many years ago the complainant is not in a position to assert any statutory or contractual rights: he benefited from a special extra-statutory arrangement made ex gratia and may not assert for his family any right arising under the terms of his appointment. The objection to the Tribunal's jurisdiction fails: [the organization] allowed its former employee to retain coverage by a health insurance scheme which he had originally been able to join only because of his employment relationship with [it]. Whether the continued protection he was granted albeit ex gratia may also be extended to his family can be determined only by ascertaining his rights as a former employee of the organization."
Keywords:
competence of tribunal; complainant; ex gratia; extension of contract; health insurance; locus standi; medical expenses; receivability of the complaint; right; status of complainant; tribunal;
Judgment 2006
90th Session, 2001
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant contends that based on a recently published circular, his promotion should have been made retroactive to the date he took up his new duties. "However, to give retroactive effect to [the] circular would not be possible since according to customary methods of interpretation any action prescribed in a text is deemed to be of immediate effect. There is no presumption of retroactive effect.' (Judgment 742 [...]). Indeed, there can be no retroactive application of the rights sought by the complainant, and his status results only from the publication of the circular in question. The charge of arbitrariness would be tenable if there were no basis for applying the circular to the case of the complainant, but, as shown above, the scope of the text explicitly covered his situation."
Reference(s)
ILOAT Judgment(s): 742
Keywords:
bias; date; effective date; general principle; interpretation; non-retroactivity; promotion; publication; right; staff regulations and rules; written rule;
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