Collective agreement (949,-666)

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Keywords: Collective agreement
Total judgments found: 3

• Judgment 4808

  
  137th Session, 2024
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the outcome of the investigation procedure conducted in respect of her harassment grievance and the resulting lack of compensation.

  Consideration 9

  Extract:

  The Tribunal recalls that a collective agreement becomes part of the law of the international civil service and should be applied in accordance with its terms and the intention of its authors.

  Keywords:

  collective agreement;
  

  
  
  

• Judgment 3071

  
  112th Session, 2012
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 43

  Extract:

  [I]t appears that there is no definition of harassment within the Staff Regulations or the current Collective Agreement. However, the definition that appeared in the former Collective Agreement reflects what is generally accepted as constituting harassment. Accordingly, it is convenient to refer to aspects of that definition. So far as is presently relevant, that definition provided:
  “The expression ‘harassment’ encompasses any act, conduct, statement or request which is unwelcome […] and could, in all the circumstances, reasonably be regarded as harassing behaviour of a discriminatory, offensive, humiliating, intimidating or violent nature or an intrusion of privacy.”
  The definition indicated that “harassment” included “bullying/mobbing” which was defined to include:
  “(ii) persistent negative attacks on personal or professional performance without reason or legitimate authority;
  […]
  (iv) abusing a position of power by persistently undermining a […] person’s work […];
  (v) unreasonable or inappropriate monitoring of […] performance”.

  Keywords:

  collective agreement; harassment;
  

  
  
  

• Judgment 1369

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

  Considerations 17-18

  Extract:

  It is in the light of such precepts that the Tribunal rules below on the case of Eurocontrol. After years of conflict with the staff and a spate of litigation uncertain in outcome and - as the Director General properly observed - adverse in effect, Eurocontrol came round to a cooperative approach by concluding the agreement of 9 January 1992. By virtue of its contractual nature it is a source of law which in the interests of both sides the Tribunal regards as material.
  Eurocontrol is right in pleading that the collective procedure set up under the agreement cannot supersede each staff member's defence of his own rights. A collective agreement, even though concluded with staff associations acknowledged to be representative, does not divest the staff member of the safeguards he enjoys under the Staff Regulations. By the same token there is nothing to keep him from relying on a collective agreement even if, not being a member of a staff association, he is not himself privy to it. Such indeed are consequences that flow from freedom of association and the principle of equal treatment.

  Keywords:

  collective agreement; collective rights; equal treatment; freedom of association; right of appeal; safeguard; staff member's interest; staff regulations and rules; staff union; staff union agreement;
  

  Consideration 16

  Extract:

  Eurocontrol questions whether a complainant may rely on a collective agreement between an organisation and its staff. "It is a truth universally acknowledged that the collective agreement is a basic vehicle of social progress, justice and peace. That that is so is due to the International Labour Organization, among others, and to its international instruments such as the right to organise and collective bargaining convention, 1949 (No. 98), and the labour relations (public service) convention, 1978 (No. 151)."

  Reference(s)

  ILOAT Judgment(s): 1311
  

  Keywords:

  applicable law; collective agreement; collective bargaining; collective rights; competence of tribunal; staff union agreement; working conditions; written rule;
  

  Consideration 16

  Extract:

  An international organisation is "free to choose whatever methods or means it likes - be they formal rules or contracts of employment - to define the terms of appointment of staff. But any collective agreement it does conclude becomes part of the law of the international civil service. Signing such an agreement puts it under obligations in law; a member of its staff may plead such obligations in a complaint to the Tribunal; and the Tribunal will review compliance with the letter and spirit of the agreement."

  Keywords:

  collective agreement; collective rights; international civil service principles; judicial review; organisation's duties; organisation's interest; right; right of appeal; staff union agreement; working conditions; written rule;