Enforcement (236,-666)
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Keywords: Enforcement
Total judgments found: 208
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Judgment 3257
116th Session, 2014
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenged the decision to offer him a one-year extension of his fixed-term contract rather than the two-year extensions he had previously received.
Considerations 18 and 19
Extract:
"[T]he Commission breached its own rules regarding the procedure by which the performance appraisal report, which contained the recommendation for the extension of the contract, was to be communicated to the Personnel Division. Paragraph 3.2 of Administrative Directive No. 20 (Rev.2) requires the proposal for the extension of the contract to be submitted to the Personnel Division with a justification of the recommendation that was stated in the proposal. The performance appraisal report was also to be submitted with them.
There are good reasons for this provision. The proposal containing the recommendation, the justification of the recommendation and the performance appraisal report, submitted together, is intended to provide a complete picture of the performance of a staff member. This in turn is to inform a decision which that Division, the PAP or the Executive Secretary may have been required to make."
Reference(s)
Organization rules reference: Paragraph 3.2 of Administrative Directive No. 20 (Rev.2)
Keywords:
contract; enforcement; non-renewal of contract; organisation's duties; performance report; staff regulations and rules;
Judgment 3203
115th Session, 2013
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint is directed at the Secretary-General’s decision to refuse to recognise same-sex marriages.
Consideration 8
Extract:
"It is true that the case law of the Tribunal on the question of benefits for same-sex partners has developed in the last decade. This is illustrated by Judgment 2860. Indeed, there are opinions of individual judges concluding that staff rules denying access to dependency benefits to same-sex partners are unenforceable because they violate fundamental principles of law (see, for example, the dissenting opinion of Justice Hugessen in Judgment 2193)."
Reference(s)
ILOAT Judgment(s): 2193, 2860
Keywords:
case law; definition; dependant; difference; enforcement; family allowance; interpretation; marital status; provision; same-sex marriage; social benefits; staff regulations and rules;
Judgment 3159
114th Session, 2013
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully challenges the decision to abolish his post.
Considerations 9, 19 and 20
Extract:
"The terms of Staff Rule 1050.2 are clear. They impose a duty on the Organization in specified circumstances. The duty is to use reasonable efforts to reassign a staff member whose post is being abolished. The specified circumstances are, as to a staff member on a fixed-term appointment, that the staff member has served “for a continuous and uninterrupted period of five years or more”. The expression “continuous and uninterrupted” fairly emphatically focuses attention on service of a particular character. There is no basis in the language of the Staff Rule to treat its operation as ambulatory in the sense that a person who has been on a fixed-term appointment but has not served in that capacity for a continuous and uninterrupted period of at least five years is nonetheless a person to whom the Organization, by operation of the Rule, is under a duty to make reasonable efforts to reassign. [...] However, a staff rule cast in terms of Staff Rule 1050.2 does not preclude the possibility that the Organization is under a duty requiring proactive conduct in circumstances not comprehended by the Rule itself. WHO does not put in issue that there is a general duty of loyalty, as the complainant contends. What might be required of an organisation in broadly similar circumstances was considered by the Tribunal in Judgment 2902. [...] The same reasoning can be applied in the present case. The complainant and WHO found it mutually acceptable, and with benefits accruing to both, for the complainant to be employed on a series of short-term appointments for much of the complainant’s employment. But the complainant nonetheless had worked, in a real and practical sense, for over a decade and a half in the service of the Organization. In those circumstances, WHO was obliged to explore with the complainant other employment options prior to his separation."
Reference(s)
Organization rules reference: Staff Rule 1050.2
ILOAT Judgment(s): 2902
Keywords:
abolition of post; contract; duration of appointment; enforcement; fixed-term; general principle; intention of parties; non-renewal of contract; organisation's duties; reassignment; short-term; staff regulations and rules; successive contracts;
Judgment 3003
111th Session, 2011
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 30
Extract:
"To accept that an organisation can be released, through the grant of a stay of execution, from the obligation to execute a judgment unfavourable to itself, on the grounds that it has challenged the validity of the judgment under Article XII of the Statute [of the Tribunal], would not only constitute a major exception to the application of [the] case law but would also, above all, seriously impair the legitimate right of the staff member concerned to benefit from immediate application of the judgment."
Reference(s)
ILOAT reference: Article XII of the Statute
Keywords:
breach; case law; complainant; enforcement; exception; execution of judgment; grounds; iloat statute; judgment of the tribunal; organisation's duties; right; right of appeal; suspension of the execution of a judgment;
Judgment 3002
111th Session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"[The principle of] res judicata [applies] only [to] judicial rulings, and not [to] administrative decisions."
Keywords:
decision; definition; enforcement; judgment of the tribunal; limits; res judicata;
Judgment 2868
108th Session, 2010
South Centre
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 29
Extract:
"[W]ith respect to the Centre's assertion that this implementing measure was approved by the Council [...], the Tribunal observes that the adoption of a so-called "interpretative clarification" that purports to give the Executive Director the authority to take certain action cannot validate an earlier decision taken without the requisite authority."
Keywords:
abuse of power; enforcement; executive body; interpretation; misuse of authority;
Judgment 2760
105th Session, 2008
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant, a Canadian national, married a person of the same sex, as she is permitted to do under the law in force in Canada. She immediately informed the Agency of her new marital status and applied for the dependency benefits to which staff members with a spouse are eligible, but her application was rejected. The defendant points out that, for the purpose of applying its Staff Regulations and Staff Rules, it has a definition of the term "spouse" which refers only to the partners of a union between persons of opposite sex, since the Guide to Dependency Benefits, which was drawn up for the staff, indicates that the term "'[s]pouse' for all purposes of the Staff Regulations and Staff Rules is defined to mean the husband or wife". "But this mere information document, which was prepared by the Administration and has no normative value, clearly cannot prescribe the adoption of a restrictive definition which does not appear in the applicable texts themselves.
Furthermore, while the Tribunal notes that the same definition was also given in a Notice to the Staff of 11 July 2005, that document likewise could not narrow the scope of the concept of 'spouse' to which the Staff Regulations and Staff Rules refer. Although the secretariat of an organisation may always circulate a Notice to the Staff to clarify certain provisions of its staff regulations and rules, such a notice cannot impose on staff any restrictive conditions other than those stipulated in the provisions themselves."
Reference(s)
Organization rules reference: Guide to Dependency Benefits
Keywords:
administrative instruction; applicable law; binding character; condition; definition; dependant; domestic law; enforcement; family allowance; information note; limits; marital status; organisation; precedence of rules; provision; publication; purpose; refusal; request by a party; same-sex marriage; staff regulations and rules; written rule;
Judgment 2662
103rd Session, 2007
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant contends that there was a violation of Article 6 of the European Convention on Human Rights. "Reliance on the Convention is misplaced as it is not applicable to international organisations. The complainant's rights are those derived from the Staff Regulations and Staff Rules and from the general principles of law applicable to such organisations."
Keywords:
breach; complainant; enforcement; general principle; international civil service principles; international instrument; organisation; provision; right; staff regulations and rules;
Judgment 2659
103rd Session, 2007
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"A hidden sanction is a measure which appears to be adopted in the interests of the Organization and in accordance with the applicable rules, but which in reality is a disciplinary measure imposed as a penalty for a transgression, whether real or imaginary. The true disciplinary nature of an administrative measure that constitutes a hidden sanction is not always apparent. It is therefore necessary to examine the particular circumstances in each case where there is an allegation that an administrative measure is a hidden sanction."
Keywords:
definition; disciplinary measure; enforcement; hidden disciplinary measure; judicial review; misconduct; organisation's interest; purpose; written rule;
Judgment 2649
103rd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Acting in his capacity as Chairman of the Staff Committee of the EPO's sub-office in Vienna, the complainant submitted a request to the President of the Office that the "staff salary scales mentioned in the annex to Part 2 of the Codex" be forwarded to all agencies supplying temporary personnel to the Office. The President refused to grant the request submitted to him, denying that temporary workers were entitled to remuneration equal to that of EPO staff and underlining that neither the Service Regulations nor the conditions of employment for contract staff applied to temporary workers. The EPO submits that the complainant does not have locus standi to represent temporary workers supplied to the Office. "It is well settled that members of the Staff Committee may rely on their position as such to ensure observance of the Service Regulations (see Judgments 1147 and 1897); but in order for a complaint submitted to the Tribunal on behalf of a Staff Committee to be receivable, it must allege a breach of guarantees which the Organisation is legally bound to provide to staff who are connected with the Office by an employment contract or who have permanent employee status, this being a sine qua non for the Tribunal's jurisdiction. In the absence of such a connection resting on a contract or deriving from status, the claim that the Office should forward its salary scales to agencies supplying temporary personnel - whose conditions of employment and remuneration are in any event beyond the jurisdiction of the Tribunal - cannot be entertained."
Reference(s)
ILOAT Judgment(s): 1147, 1897
Keywords:
breach; claim; communication to third party; competence of tribunal; complaint; condition; contract; enforcement; equal treatment; executive head; external collaborator; locus standi; no provision; official; organisation's duties; provision; receivability of the complaint; refusal; request by a party; right; safeguard; salary; scale; staff regulations and rules; staff representative; staff union; terms of appointment; vested competence;
Judgment 2646
103rd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 13-14
Extract:
The complainant was dismissed at the end of his probationary period. He states that despite his repeated requests he was never transferred to another directorate. "As to the case law, the complainant relies on Judgment 396 in support of [this] assertion [...]. The issue in that case was whether the head of the Organisation had correctly applied a particular provision of the Staff Regulations authorising him to terminate the appointment of a probationer at any time in the Organisation's interests. The Tribunal stated that '[a]s a rule, before a [probationer] is dismissed thought should be given to transferring him to some other post on trial, especially if he is junior in rank'. It must, however, be noted that this was said in the context of a misunderstanding between the probationer and his supervisor and the Tribunal's observation that such a misunderstanding does not necessarily justify instant dismissal. In the present case, the stated reason for the dismissal was poor performance.
To conclude that in situations of poor performance a staff member on probation will always be entitled to a transfer prior to being dismissed undermines the whole purpose of probationary terms. In some circumstances a transfer may be the proper option, but the circumstances of the present case do not warrant this finding."
Reference(s)
ILOAT Judgment(s): 396
Keywords:
case law; discretion; enforcement; executive head; general principle; grounds; organisation; organisation's duties; organisation's interest; post; probationary period; provision; purpose; refusal; request by a party; right; staff regulations and rules; supervisor; termination of employment; transfer; unsatisfactory service; working relations;
Judgment 2643
103rd Session, 2007
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant, a British national, entered into a "Civil Solidarity Contract" (PACS) under French law with his same-sex partner and had his partnership registered under the Civil Partnership Act applicable to British citizens. The ITU refused to recognise his partner as his dependent spouse for determination of the benefits pertaining to that status. "The Tribunal has accepted in several recent judgments that same-sex marriages (see Judgment 2590) and unions taking the form of 'registered partnerships' must be recognised where the national legislation applicable to the staff member concerned allows persons who have contracted such unions to be treated as 'spouses' (see Judgments 2549 and 2550). The important difference between the present case and those previously decided lies in the fact that the ITU Staff Regulations and Staff Rules explicitly define the concept of spouses as denoting husband and wife in a large number of provisions, and that, contrary to the situations examined in Judgments 2549 and 2550, the ITU refuses to accept that same-sex unions lawfully contracted under the national legislation of the official concerned may be taken into consideration for the purpose of applying the Staff Regulations and Staff Rules. It follows that the defendant was not wrong in asserting that, in the light of the case law and the applicable Regulations and Rules as they currently stand, the Secretary-General was barred from giving the term 'spouse' the broad interpretation requested."
Reference(s)
ILOAT Judgment(s): 2549, 2550, 2590
Keywords:
applicable law; case law; definition; dependant; difference; domestic law; enforcement; family allowance; interpretation; judgment of the tribunal; marital status; provision; purpose; refusal; same-sex marriage; social benefits; staff regulations and rules; written rule;
Judgment 2637
103rd Session, 2007
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
The complainant requests that the effective date of the administration's decision to grant her international status be changed to December 1991 instead of August 2005. "[I]t may be noted that, exceptionally, retroactive effect may be granted to a decision where the effect is favourable to a staff member (see Judgment 1130). In the present case, however, a grant of retroactivity would confer no benefit on the complainant either in relation to home leave or education grant. In the circumstances, the rule against retroactivity should be applied."
Reference(s)
ILOAT Judgment(s): 1130
Keywords:
allowance; amendment to the rules; claim; date; decision; education expenses; effect; enforcement; exception; general principle; home leave; non-local status; non-retroactivity; official; staff member's interest; withdrawal of decision;
Judgment 2632
103rd Session, 2007
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"[T]he complainants assert that their acquired rights were breached because the Agency abandoned a practice, applied to them from 1 January to 30 June 2005, involving the application to pensions of the same weightings as were applied to the remuneration of serving officials. But a practice of salary and pension adjustment, even where repeated, does not bind the Organisation that adopted it, which is at liberty to abandon it provided that it does so lawfully (see in this connection Judgment 2089). As for acquired rights, they could not be held to have been breached unless the contested reform impaired a fundamental and essential term of the complainants' conditions of appointment, which include the right to a pension (see aforementioned Judgment 2089 and the case law cited therein). This is clearly not the case here."
Reference(s)
ILOAT Judgment(s): 2089
Keywords:
acquired right; adjustment; amendment to the rules; breach; condition; cost-of-living weighting; discretion; enforcement; formal requirements; injury; organisation's duties; pension; pension adjustment system; pension entitlements; practice; salary; terms of appointment;
Judgment 2625
103rd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant, a retired civil servant, asks the Tribunal to declare unlawful some measures applying to pensioners. "The provisions in question are regulatory texts applying to all retired employees of the Office. Since they entered into force long ago the complainant may challenge their lawfulness only by appealing against a decision applying those provisions which actually causes present damage to his personal interests (see in particular Judgments 1852, under 3, 2379, under 5, and 2459, under 7(b))."
Reference(s)
ILOAT Judgment(s): 1852, 2379, 2459
Keywords:
cause of action; claim; effective date; enforcement; general decision; individual decision; injury; provision; retirement; staff member's interest; staff regulations and rules;
Judgment 2556
101st Session, 2006
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"It is well settled that the principle of equality requires the equal application of the relevant law, not its equal misapplication."
Keywords:
condition; definition; enforcement; equal treatment; general principle; written rule;
Judgment 2494
100th Session, 2006
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainants were issued a reprimand on the grounds that they had participated in industrial action which management considered to be unlawful and for abandoning their post in the course of their shift. "Considering Eurocontrol's special missions relating to the safety of air navigation, the right to strike - the lawfulness of which is not disputed - must not lead to sudden stoppages of activity such as occur when shift work is abandoned. The complainants do not deny the charges made against them in this respect. The Tribunal therefore considers that, while the first ground mentioned by the Agency - namely, participation in unlawful strike action - could not legally justify the contested disciplinary measure, this second ground did justify a penalty."
Keywords:
abandonment of post; acceptance; censure; disciplinary measure; enforcement; grounds; limits; right to strike; strike;
Judgment 2493
100th Session, 2006
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainants were issued a written warning on the grounds that they had participated in industrial action which management considered to be unlawful and that caused them to be absent from duty without authorisation. They contend that the Director General had no authority to decide whether the collective action was illegal. "There is no doubt that in the absence of any statutory provisions or collective agreement between the Agency and the staff representatives, it is up to the Director General to take whatever measures are necessary to prevent actions which he deems unlawful, to warn members of staff against participating in such actions and, if necessary, to lay down guidelines for the exercise of the collective rights of staff in accordance with the general principles of international civil service law. From this point of view, one cannot object to the Director General's legitimate right to take action when he, 'in the absence of an agreement with the unions', issued on 13 March 2003 - in other words, three days after the start of the industrial action - an Office Notice setting out 'General provisions applicable in the event of a strike at Eurocontrol'. Nevertheless, the general measures taken by the administration and the individual decisions taken to implement those measures must not have the effect of restricting the exercise of the collective rights of members of staff in such a way as to deprive them of all substance."
Keywords:
applicable law; collective rights; competence; condition; consequence; disciplinary measure; effect; enforcement; executive head; general decision; general principle; individual decision; information note; international civil service principles; limits; no provision; organisation's duties; provision; right to strike; staff regulations and rules; staff representative; staff union; staff union agreement; strike; unauthorised absence; warning;
Judgment 2457
99th Session, 2005
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant argues that the competition procedure was flawed owing to the fact that one of the members of the Selection Board was not present at the pre-selection meeting. The Organisation does not deny this fact but considers that this procedural flaw could not invalidate the pre-selection since the Selection Board, which decided unanimously, would not have reached a different conclusion even if all Board members had been present.
Basing itself on the applicable rules the Tribunal considers that "the absence of one member of the Board did constitute a flaw, despite the fact that the Board's opinion was unanimous. Since the flawed composition of the Selection Board could not be corrected through subsequent consultation of the absent member, the competition procedure, which is tainted with a formal flaw, must be set aside where the complainant is concerned [...]. The complainant must therefore be restored to the position in which he was prior to the [pre-selection] meeting [...], and his application must be reviewed in accordance with the applicable rules."
Keywords:
candidate; claim; compensation; competition; complainant; composition of the internal appeals body; consequence; consultation; decision; difference; enforcement; flaw; formal flaw; identical claims; procedural flaw; procedure before the tribunal; provision; selection board; written rule;
Judgment 2456
99th Session, 2005
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9 and 11
Extract:
The complainant joined the Organisation in January 1998 under a fixed-term appointment. His contract, which was extended in 2003, was due to expire on 14 June 2004; it was not renewed due to the implementation of the seven-year tenure rule. He has produced before the Tribunal a document signed by the Director-General containing data about his performance, in which his date of entry on duty was incorrectly shown as 24 May 1997. He contends that the Director-General relied on that data in deciding not to renew his contract. "Since in the implementation of its policy the Organisation was said to be applying a 'first in, first out' rule, an error of over seven months in the calculation of any employee's length of service may be of critical importance. That is especially the case where such apparent error has the effect of indicating wrongly that the employee would at the time of his separation from the Organisation have served more than seven years. The Tribunal considers the alleged errors of fact to be material. [...] The non-renewal decision must be set aside and the Organisation shall be ordered to pay to the complainant the full balance of salary and benefits to which he would have been entitled if he had received a one-year extension of his contract to 14 June 2005. The complainant must account for any earnings from other employment during that period."
Keywords:
allowance; appointment; consequence; contract; date; decision; duration of appointment; enforcement; extension of contract; fixed-term; general principle; mistake of fact; non-renewal of contract; official; organisation's duties; period; reckoning; right; salary; staff member's duties; written rule;
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