Judgment 1129
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant's post was abolished for reasons of financial stringency. According to Circular 1583 proposals to abolish a post must come from the competent Assistant Director-General. In this case the Assistant Director-General did not specifically name the complainant's post. He merely abolished the division which the complainant headed. It being impossible for the Director's post to survive after abolition of a division to direct, the allegation of a procedural flaw fails.
Reference(s)
Organization rules reference: CIRCULAR NO. 1583
Keywords:
abolition of post; administrative instruction; budgetary reasons; competence; decision-maker; procedural flaw; procedure before the tribunal; termination of employment;
Judgment 1109
71st Session, 1991
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant objects to the decision to refuse him personal promotion under Circular 334. The Tribunal holds that the fact "that the explanation came in this case from the Director-General himself [rather than from the Selection Board as required by paragraph 14 of the Circular] is not [...] a procedural flaw. Paragraph 14 is unenforceable because the Board can explain only its own recommendation and because the text might require it to explain even a decision that ran counter to that recommendation."
Reference(s)
Organization rules reference: ILO CIRCULAR 334 (SERIES 6) OF 20 JULY 1985
Keywords:
administrative instruction; grounds; personal promotion; procedural flaw; procedure before the tribunal; refusal;
Judgment 1101
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainants, who are employees of Eurocontrol, seek the quashing of an Office Notice insofar as it informs staff that expenses arising from trace-element therapy (oligo-elements), aromatherapy and phytotherapy are not to be refunded. The Agency pleas that the complaint is irreceivable. "It is worth pointing out that in Judgment 961 [...] of 27 June 1989 the Tribunal held that it was 'competent only to entertain individual and actual disputes' and would not make prior rulings of general purport. Again in Judgment 1081 [...] of 29 January 1991 it affirmed that no appeal would lie against a general decision provided that it was such as needed in all cases to be followed by a challengeable individual one."
Reference(s)
ILOAT Judgment(s): 961, 1081
Keywords:
administrative instruction; cause of action; competence of tribunal; general decision; health insurance; individual decision; medical expenses; receivability of the complaint; refund; refusal;
Consideration 9
Extract:
The complainants are challenging an Office Notice that merely informs them that expenses incurred for certain forms of treatment will not be refunded. "There will be a decision challengeable under Article VII of the Tribunal's Statute only when Eurocontrol has, in accordance with its rules, refused a staff member refund of the cost of a particular sort of treatment. The Tribunal will then rule according to the criteria it stated in Judgment 1088 of 29 January 1991, taking medical advice if need be. It may not make a prior ruling of general application to the sorts of treatment covered by the Office Notice."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
ILOAT Judgment(s): 1088
Keywords:
administrative instruction; competence of tribunal; general decision; health insurance; individual decision; medical expenses; receivability of the complaint; refund;
Judgment 976
66th Session, 1989
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Since the Administrative Circular "was issued after the date of the impugned decision, it can have no effect on the lawfulness of that decision".
Keywords:
administrative instruction; decision; effect; subsequent fact;
Judgment 939
65th Session, 1988
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 25
Extract:
The complainant, who has not held a headquarters post for the past thirteen years, alleges breach of Circular 180. The Tribunal holds that "the Circular does not [...] make an unqualified promise to bring back to Headquarters an official who has spent a substantial period in the field: all it promises is intensive effort to do so".
Reference(s)
Organization rules reference: CIRCULAR 180 (SERIES 6) OF 22 MAY 1980
Keywords:
administrative instruction; assignment; field; headquarters; interpretation; request for transfer; right; transfer;
Judgment 886
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
In Judgment 855, "under 16, the Tribunal upheld its earlier ruling in Judgment 657 of 18 March 1985 [...]: there was nothing improper about applying the eight-year rule, which was indeed in keeping with the Administrative Council's guidelines. [The complainant] had no right to fare better on the strength of a method of reckoning that had been superseded by the time he took up duty, the less so since he had been told of the terms of appointment in force at the time and had consented to them."
Reference(s)
ILOAT Judgment(s): 657, 855
Keywords:
administrative instruction; amendment to the rules; appointment; date; enforcement; professional experience; provision; reckoning; seniority; terms of appointment;
Consideration 10
Extract:
"The complainant was recruited from the British Office before the guidelines in Circular 144 came in but in the
course of a period in which the guidelines had retroactive effect. For the reasons stated in Judgment 855 under 12
and 13, the Tribunal holds that he was governed by the rules in force before Circular 144 and at the time of his
recruitment."
Reference(s)
Organization rules reference: CIRCULAR 144
ILOAT Judgment(s): 855
Keywords:
administrative instruction; amendment to the rules; appointment; consequence; date; enforcement; provision; transitional measures;
Judgment 884
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant seeks to have his professional experience reckoned anew. He contends that new guidelines supersede the rule precluding the reckoning of experience gained before the age of twenty-five. The Tribunal holds that, although replacement of the rule has been proposed, "until a decision has been taken by the competent authority the 25-year rule remains in force."
Keywords:
administrative instruction; age limit; amendment to the rules; condition; professional experience; proposal; provision; reckoning; seniority;
Judgment 870
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Such service [technical assistance] may not count for the purpose of personal promotion unless there is an express rule to that effect. There is not. [...] Periods of service [on technical co-operation projects] do not count, not even when, like the complainant, [experts] are later appointed to the staff at headquarters."
Keywords:
administrative instruction; difference; enforcement; field; headquarters official; interpretation; personal promotion; project personnel;
Judgment 861
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The complainant was recruited and graded on the strength of his degree. It is clear from [the circular] that those who get in on their university training will be credited only with professional experience gained after the award of the qualifying degree."
Keywords:
administrative instruction; date; degree; interpretation; professional experience; reckoning; seniority;
Judgment 851
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant objects to provisions in the new guidelines which discount periods of professional activity to the detriment of staff members on duty at 31 December 1984, since such experience may, in certain cases, be counted in full only for staff recruited after that date. The Tribunal observes that the Circular concerns recruitment and is intended to draw the skilled people needed by the Organisation. Accordingly, the Tribunal finds that the distinction at issue answers a need within the Organisation.
Keywords:
administrative instruction; amendment to the rules; equal treatment; organisation's interest; professional experience; provision; reckoning; seniority; terms of appointment;
Considerations 22-23
Extract:
Circular 144 limits total reckonable experience to twelve years. The purpose of this provision is "to deter late-comers and those who would otherwise hamper the advancement of others who have preferred to spend most of their career in the EPO. [This limit] reflects a reasonable policy on recruitment and career development."
Reference(s)
Organization rules reference: CIRCULAR 144
Keywords:
administrative instruction; career; limits; organisation's interest; professional experience; purpose; reckoning; seniority; terms of appointment;
Judgment 850
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9 and 11
Extract:
The complainant claims that useful experience he gained doing scientific work before receiving the academic degree on the strength of which he was appointed to the Office should count. That degree "is the qualification that determines what prior experience shall count. [...] The complainant may not avail himself of the opportunities provided by the [new] guidelines in favour of staff members who have been admitted as exceptional cases on the strength of their practical experience. The appointment of such staff members presupposes in each case a specific assessment of their experience, and no such assessment is made for university graduates."
Keywords:
administrative instruction; date; degree; equal treatment; professional experience; reckoning; seniority; terms of appointment;
Judgment 847
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant claims that Circular 144 on the reckoning of seniority for promotion should be withdrawn. The claim is irreceivable inasmuch as "the complainant is not challenging an individual decision but objecting to certain general rules in the Circular. As the Tribunal has held before - for example in Judgment 625 [...] - a complaint impugning a general decision against which no direct internal appeal will lie is irreceivable until individual decisions are taken on the strength of the general decision."
Reference(s)
ILOAT Judgment(s): 625
Keywords:
administrative instruction; application for quashing; competence of tribunal; general decision; individual decision; receivability of the complaint;
Judgment 845
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant claims 'rapid promotion' by virtue of the exception provided for in paragraph 64 of document CA/PV 10 concerning EPO staff members who were recruited before 1 January 1981. Inasmuch as the complainant was appointed after that date, he is not entitled to the promotion.
Keywords:
administrative instruction; appointment; date; effective date; enforcement; personal promotion; promotion;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"The organization submits that it followed a practice introduced by the master standard for job classification which the International Civil Service Commission has approved and which applies throughout the United Nations system. But the master standard does not apply directly to the staff of the international organisations: it consists of mere guidelines which the organisations are free to introduce into their own regulations."
Keywords:
administrative instruction; binding character; enforcement; general decision; icsc decision; post classification; practice; rule of another organisation; staff regulations and rules;
Judgment 751
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The plea that no reasons were given for the impugned decision is also unsound. There can be no obligation whatever on the EPO to state its reasons for introducing scales approved by the Council. Such a decision finds its justification quite simply in the administration's position of subordination to the Council."
Keywords:
administrative instruction; amendment to the rules; decision; duty to substantiate decision; enforcement; executive body; general decision; provision; salary; scale;
Judgment 740
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Council's 'guidelines', inasmuch as they set objective and binding criteria and do not offer mere guidance, are binding on the President insofar as they do not allow him discretionary authority."
Keywords:
administrative instruction; binding character; decision; discretion; enforcement; executive body; executive head; general decision;
Judgment 739
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
In this case, the Office took the view that the Council's new guidelines on how professional experience should count in the reckoning of seniority did not apply to the complainant. "The EPO was therefore under no duty to inform the complainant of the guidelines or to explain to him how his own position differed from that of staff members to whom the guidelines applied."
Keywords:
administrative instruction; amendment to the rules; decision; duty to inform; executive body; organisation's duties; professional experience; provision; reckoning; seniority;
Consideration 1
Extract:
"The Council's 'guidelines', inasmuch as they set objective and binding criteria and do not offer mere guidance, are binding on the President insofar as they do not allow him discretionary authority."
Keywords:
administrative instruction; binding character; decision; discretion; enforcement; executive body; executive head; general decision;
Judgment 734
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant alleges breach of the principle of equality by a change in the rules governing the reckoning of professional experience from 1 January 1981 which is unfavourable to officials who, like himself, were recruited after that date. The Tribunal holds that the principle of equality does not require that officials appointed at different times should be treated alike.
Reference(s)
ILOAT Judgment(s): 694, 695
Keywords:
administrative instruction; amendment to the rules; appointment; date; difference; enforcement; equal treatment; professional experience; provision; reckoning; seniority;
Judgment 721
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"As regards determination of step, the Tribunal merely observes that the President has recently issued instructions which are more favourable to the staff but the EPO is refusing to apply them to former institute officials. The Tribunal sees no reason of law or equity for such discrimination and for such unfair treatment of staff members".
Keywords:
administrative instruction; amendment to the rules; enforcement; equal treatment; provision; reckoning; seniority;
Judgment 657
55th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The wording of the relevant guidelines "is such that they cannot be treated as a mere statement of policy: they set objective criteria for dealing with individual cases."
Keywords:
administrative instruction; appointment; binding character; criteria; general decision; grade; promotion; step;
