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Written rule (215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 685, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246,-666)

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Keywords: Written rule
Total judgments found: 101

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  • Judgment 3827


    124th Session, 2017
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the refusal to grant her the lump sum paid to servants whose application to resign is accepted.

    Consideration 8

    Extract:

    As the Tribunal has consistently held, an administrative authority, when dealing with a claim, must generally base itself on the provisions in force at the time it takes its decision and not on those in force at the time the claim was submitted. Only where this approach is clearly excluded by the new provisions, or where it would result in a breach of the requirements of the principles of good faith, the non-retroactivity of administrative decisions and the protection of acquired rights, will the above rule not apply (see Judgments 2459, under 9, and 2985, under 15).

    Reference(s)

    ILOAT Judgment(s): 2459, 2985

    Keywords:

    acquired right; written rule;



  • Judgment 3288


    116th Session, 2014
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant unsuccessfully challenges a recruitment process.

    Consideration 8

    Extract:

    "The Tribunal is of the opinion that, following the guidelines set out in Judgment 2959, the present complaint is unfounded. As Regulation 4.3 uses the term “normally”, the Tribunal finds that the Regulations governing the selection of staff members will be followed as written unless there is an exceptional situation in which it is not practicable to do so for objective reasons. Unlike the situation leading to Judgment 2959, the present complaint stems from a direct appointment that indeed can be considered as having occurred based on the “impracticability” of following the usual competitive selection process."

    Reference(s)

    ILOAT Judgment(s): 2959

    Keywords:

    appointment; competition; interpretation; post; provision; written rule;



  • Judgment 3251


    116th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant's request to be included on the list of eligible candidates for personal promotion was dismissed by the Tribunal.

    Consideration 5

    Extract:

    "The Tribunal is of the opinion that the ILO conducted the 2008 personal promotion exercise in accordance with the applicable rules and procedures. The ILO properly applied the new Office Procedure (No. 125, which took effect from 22 October 2009) to the 2008 personal promotion exercise. [...] Considering that the 2008 promotion exercise was launched after Office Procedure No. 125 took effect, the ILO was correct to follow its provisions for the promotion exercise, and not those of Circular No. 334, Series 6, as the complainant suggests. The complainant did not have any acquired right to the 2008 promotion exercise, promotions being considered “an optional and exceptional discretionary measure which is subject to only limited review by the Tribunal” (see Judgments 2668, under 11, 1500, under 4, 1109, under 4, and 1973, under 5)."

    Reference(s)

    Organization rules reference: Office Procedure No. 125; Circular No. 334, Series 6
    ILOAT Judgment(s): 1109, 1500, 1973, 2668

    Keywords:

    acquired right; condition; discretion; interpretation; judicial review; organisation's duties; personal promotion; provision; staff regulations and rules; written rule;



  • Judgment 3240


    115th Session, 2013
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the Organization had acted in breach of its own rules on performance appraisal and probationary periods.

    Consideration 20

    Extract:

    "Although the complainant did not take issue with the use of the wrong form for his performance appraisal or with the fact that his immediate supervisor did not conduct the evaluation, this does not absolve the FAO of its obligation to act in compliance with its own Staff Regulations, Staff Rules and Manual provisions implementing those rules (see Judgment 3177, under 18)."

    Reference(s)

    ILOAT Judgment(s): 3177

    Keywords:

    complaint allowed; complaint allowed in part; general principle; organisation's duties; patere legem; performance report; staff regulations and rules; work appraisal; written rule;



  • Judgment 3224


    115th Session, 2013
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully contests the termination of her appointment for unsatisfactory service, alleging the absence of a genuine assessment procedure.

    Consideration 7

    Extract:

    "The Tribunal recalls that a staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service, so as to be in a position to remedy the situation, and to have objectives set in advance. It also recalls that an organisation cannot base an adverse decision on a staff member’s unsatisfactory performance if it has not complied with the rules governing the evaluation of that performance. Except in a case of manifest error, the Tribunal will not substitute its own assessment of a staff member’s services for that of the competent bodies of an international organisation. Nevertheless, such an assessment must be made in full knowledge of the facts, and the considerations on which it is based must be accurate and properly established (see Judgments 3070, under 9, 2468, under 16, and 2414, under 23 and 24)."

    Reference(s)

    ILOAT Judgment(s): 2414, 2468, 3070

    Keywords:

    complaint allowed in part; condition; criteria; decision; due process; duty to inform; elements; exception; grounds; judicial review; limits; organisation's duties; patere legem; right; unsatisfactory service; work appraisal; written rule;



  • Judgment 3189


    114th Session, 2013
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants unsuccessfully challenge their placement in the new grade structure following the entry into force of the administrative reform at Eurocontrol.

    Consideration 8

    Extract:

    "[The] duty of care [...] does not in any way imply a duty always to interpret texts in the staff’s favour."

    Keywords:

    duty of care; interpretation; judicial review; organisation's duties; written rule;



  • Judgment 3185


    114th Session, 2013
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges her performance evaluation report, alleging personal prejudice and discrimination on the part of her direct supervisor.

    Consideration 7(b)

    Extract:

    "The rule that administrative acts cannot apply retroactively [...] prevents an international organisation from altering definitively established legal situations, for example by calling into question an appraisal of service rendered during an evaluation period prior to the adoption of the new rules, as occurred in the instant case."

    Keywords:

    amendment to the rules; complaint allowed in part; non-retroactivity; organisation's duties; period; work appraisal; written rule;



  • Judgment 3162


    114th Session, 2013
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to terminate his appointment which, in his view, is flawed for breach of due process.

    Consideration 22

    Extract:

    "An allegation of dishonesty is an allegation of unsatisfactory conduct that may result in disciplinary action. As such, it must be dealt with in accordance with the organisation’s prescribed procedures (see Judgment 1724, under 14). That was not done in this case. This failure deprived the complainant of an opportunity to defend himself against a serious allegation and reflects a serious breach of his right to due process. The breach is particularly egregious having regard to the complainant’s work and the nature of the allegations."

    Reference(s)

    ILOAT Judgment(s): 1724

    Keywords:

    breach; complaint allowed; complaint allowed in part; disciplinary measure; due process; general principle; good faith; moral injury; organisation's duties; procedural flaw; procedure; right to reply; written rule;



  • Judgment 3127


    113th Session, 2012
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "[W]here an internal appeal is lodged within the required time limit but fails to comply with the formal requirements set down in the applicable rules, it is for the organisation, in the exercise of its duty of care, to enable the complainant to correct the appeal by granting him or her a reasonable period of time in which to do so."

    Keywords:

    breach; complaint allowed; complaint allowed in part; correction of complaint; duty of care; duty of discretion; formal requirements; internal appeal; organisation's duties; reasonable time; time limit; written rule;



  • Judgment 3123


    113th Session, 2012
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "[A]n international organisation is bound by the rules which it has itself laid down, as long as it has not modified or repealed them (see Judgment 1896, under 5(d)), and this principle is especially relevant in disciplinary matters."

    Reference(s)

    ILOAT Judgment(s): 1896

    Keywords:

    amendment to the rules; complaint allowed; complaint allowed in part; disciplinary measure; disciplinary procedure; general principle; organisation's duties; patere legem; written rule;



  • Judgment 3115


    113th Session, 2012
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant alleges that senior officials misappropriated funds to the detriment of poor countries. "However, in raising that allegation before the Tribunal, she overlooks the fact that the competence of the Tribunal is clearly and exhaustively defined in Article II of its Statute, from which it follows that the Tribunal cannot interfere either with the policies of the international organisations which have recognised its competence, or with the workings of their administrations, unless a violation of the rights of a staff member is in issue. International civil servants seeking to file a complaint with the Tribunal must show that the decisions they are challenging are such as to affect personal interests of theirs which are protected by the rights and safeguards deriving from the applicable Staff Regulations and Rules, or from the terms of their appointments."

    Reference(s)

    ILOAT reference: Article II of the Statute of the Tribunal

    Keywords:

    breach; competence of tribunal; complaint; condition; contract; exception; iloat statute; international civil servant; organisation's reputation; provision; right; safeguard; staff member's duties; staff member's interest; staff regulations and rules; supervisor; vested competence; written rule;



  • Judgment 3073


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

    Consideration 4

    Extract:

    "According to the case law, an international organisation which decides to hold a competition in order to fill a post cannot select a candidate who does not satisfy one of the required qualifications specified in the vacancy notice. Such conduct, which is tantamount to modifying the criteria for appointment to the post during the selection process, incurs the Tribunal's censure on two counts. Firstly, it violates the principle of patere legem quam ipse fecisti, which forbids the Administration to ignore the rules it has itself defined. In this respect, a modification of the applicable criteria during the selection procedure more generally undermines the requirements of mutual trust and fairness which international organisations have a duty to observe in their relations with their staff. Secondly, the appointment body's alteration, after the procedure had begun, of the qualifications which were initially required in order to obtain the post, introduces a serious flaw into the selection process with respect to the principle of equal opportunity among candidates. Irrespective of the reasons for such action, it inevitably erodes the safeguards of objectivity and transparency which must be provided in order to comply with this essential principle, breach of which vitiates any appointment based on a competition. (See Judgments 1158, 1646, 2584 and 2712.)"

    Reference(s)

    ILOAT Judgment(s): 1158, 1646, 2584, 2712

    Keywords:

    amendment to the rules; appointment; breach; candidate; competition; complaint allowed; condition; criteria; decision quashed; equal treatment; equity; flaw; grounds; organisation's duties; patere legem; safeguard; vacancy notice; working relations; written rule;



  • Judgment 3032


    111th Session, 2011
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    "[W]hen an international organisation wants to fill a post by competition, it must comply with the material rules and the general precepts of the case law (see, for example, Judgment 2163 [...], under 3)."

    Reference(s)

    ILOAT Judgment(s): 2163

    Keywords:

    appointment; case law; competition; complaint allowed; complaint allowed in part; consequence; decision; due process; general principle; organisation's duties; provision; staff regulations and rules; written rule;



  • Judgment 3020


    111th Session, 2011
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    WTO Staff Rule 106.11 provides that "[n]ational income tax on salaries, allowances, indemnities or grants paid by the WTO shall be refunded to the staff member by the WTO." The complainant considers that her salary is indirectly taxed, because it is included in the assessment of her husband's rate of income tax. The Organization rejected her claims for reimbursement of what she describes as "over-taxation by the Swiss tax authorities". The Tribunal holds that "[t]he refusal to provide compensation for the additional amount of tax unfairly levied on the couple's income solely because of the complainant's earned income, although it was exempt from taxation, would have a paradoxical effect. A rule designed to guarantee equal wages would lead to unjustifiable inequality between an official whose earned income was unduly taxed although it was by law exempt from taxation and an official whose tax-exempt salary was taken into account for assessment purposes, thus reducing his/her spouse's disposable income after tax and therefore his/her economic capacity from which the official living with him/her naturally benefits. The impugned decision is therefore unlawful."

    Reference(s)

    Organization rules reference: WTO Staff Rule 106.11

    Keywords:

    allowance; breach; compensatory allowance; complaint allowed; complaint allowed in part; decision quashed; deduction; domestic law; effect; equal treatment; grounds; international civil servant; marital status; organisation; payment; purpose; rate; reckoning; recovery of overpayment; reduction; refund; refusal; request by a party; safeguard; salary; staff regulations and rules; status of complainant; tax; written rule;

    Consideration 5

    Extract:

    "It does not lie within the Tribunal's competence, as defined in Article II, paragraph 5, of its Statute, to examine whether the practice followed by the Genevan tax authorities [...] was compatible with the provisions on the exemption enjoyed in principle by the complainant as a[n] official employed by an international organisation which has concluded a headquarters agreement with Switzerland [...]."

    Reference(s)

    ILOAT reference: Article II, paragraph 5, of the Statute of the Tribunal

    Keywords:

    competence of tribunal; complaint allowed; complaint allowed in part; domestic law; exception; headquarters agreement; iloat statute; international civil servant; limits; organisation; status of complainant; tax; written rule;



  • Judgment 2996


    110th Session, 2011
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "While procedural rules and time limits usually apply to the officials of international organisations without it being necessary to recapitulate them when a decision is notified, this is not the case where a rule expressly establishes an obligation to provide this information when notifying a decision [...] and where this formality has not been respected. [...] [T]he principle of good faith requires that an official's complaint will not be deemed irreceivable owing to his or her failure to lodge an internal appeal, if the organisation itself has not abided by the requisite formalities enabling the official to submit an appeal."

    Keywords:

    direct appeal to tribunal; duty to inform; final decision; flaw; general principle; good faith; internal appeal; internal remedies exhausted; notification; procedural flaw; receivability of the complaint; time limit; written rule;



  • Judgment 2991


    110th Session, 2011
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "It is a general principle of international civil service law that there must be a valid reason for any decision not to renew a fixed-term contract. If the reason given is the unsatisfactory nature of the performance of the staff member concerned, who is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service, the organisation must base its decision on an assessment of that person's work carried out in compliance with previously established rules (see, for example, Judgments 1911, under 6, and 2414, under 23)."

    Reference(s)

    ILOAT Judgment(s): 1911, 2414

    Keywords:

    complaint allowed; complaint allowed in part; contract; decision; duty to inform; duty to substantiate decision; fixed-term; formal requirements; grounds; international civil servant; international civil service principles; non-renewal of contract; organisation's duties; right; unsatisfactory service; work appraisal; written rule;



  • Judgment 2985


    110th Session, 2011
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "[T]he duty of care which an international organisation owes to its officials obviously does not mean that, as a matter of principle, it should abstain from making them subject to rules which are unfavourable to them."

    Keywords:

    applicable law; complaint allowed; complaint allowed in part; general principle; international civil servant; organisation's duties; written rule;



  • Judgment 2973


    110th Session, 2011
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "By failing to deal with the informal complaints in a manner consistent with its own policy, by failing to conduct an investigation in a timely manner when a formal complaint was filed and then by terminating the investigation, WHO breached its duty of care toward the complainant and caused her serious injury."

    Keywords:

    breach; claim; duty of care; expert inquiry; harassment; inquiry; moral injury; organisation's duties; written rule;



  • Judgment 2963


    110th Session, 2011
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    Quashing of a retroactive termination of appointment for reasons of health.
    "It is well settled that an international organisation cannot retrospectively alter the rights and obligations of staff members to their detriment, whether by written rule or otherwise (see, for example, Judgments 595, under 5 and 6, 1669, under 17 and 18, and 1979, under 5(h))."

    Reference(s)

    ILOAT Judgment(s): 595, 1669, 1979

    Keywords:

    amendment to the rules; non-retroactivity; right; staff member's duties; staff member's interest; written rule;



  • Judgment 2959


    110th Session, 2011
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "[T]he existence of an established practice of directly appointing the Chief of Cabinet is not relevant, as a practice which is in violation of a rule cannot have the effect of modifying the rule itself, and the fact that employees may be aware of such a practice does not prevent them from exercising their right to impugn a decision based on that practice whenever it affects them."

    Keywords:

    breach; practice; precedence of rules; provision; right of appeal; written rule;

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Last updated: 19.09.2019 ^ top