Enforcement (236,-666)
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Keywords: Enforcement
Total judgments found: 208
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Judgment 507
48th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The Regulations provide for the organisation to contribute "to a national social security system" in respect of its employees. The organisation claims that national law is not binding upon it and that it can adopt what parts of the scheme it chooses. This is mistaken. Having voluntarily decided to contribute to the scheme and to require its employees to do likewise, the organisation has put itself under the contractual obligation to the complainants to comply fully with the scheme."
Keywords:
contract; domestic law; enforcement; insurance; organisation's duties;
Judgment 506
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organization adopted a more flexible approach in the application of the new rule: "Those [officials] appointed before the Finance Committee made its recommendation, who before had been informed of the possibility of qualifying for non-local status, or might have been, were still able to obtain such status despite the wording of the rule. There was strict application only to those appointed after the recommendation. The distinction between those appointed before and those appointed after rested on the fact that the former, unlike the latter, had or might have had the expectation of qualifying for non-local status some day."
Keywords:
amendment to the rules; appointment; date; difference; enforcement; equal treatment; legitimate expectation; local status; non-local status; practice; promise; provision; staff regulations and rules;
Judgment 504
48th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The argument concerning the application of a provision "affords no grounds whatever for reviewing the original judgment". The complainant refers to the provision in the memorandum appended to his initial complaint. Thus, far from being in itself a claim for relief, the argument was "merely a plea in support of his claims. Even if the Tribunal did not comment on the argument, it did not disregard a claim for relief. Besides, it stated that there was no need to rely on [the provision]; thus it did not disregard the rule."
Keywords:
application for review; enforcement; omission to rule on a plea; provision; staff regulations and rules;
Judgment 493
48th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In accordance with Article II of its Statute, [the Tribunal] hears complaints alleging the non-observance of terms of appointment or of the Staff Regulations. In reaching its decisions it construes such texts by the accepted methods of legal interpretation. It also draws upon general principles of law insofar as they may apply to the international civil service. It takes no account of municipal law, however, except insofar as such law embodies those principles."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
case law; competence of tribunal; domestic law; enforcement; general principle; iloat statute; international civil service principles; interpretation;
Consideration 1
Extract:
"The international agreement thus concluded between the ILO and the Agency in accordance with Article II, paragraph 5, of the Statute of the Tribunal is not subject to any limitations on the recognition of the Tribunal's competence other than those arising out of the actual text. The Tribunal derives its competence from that international agreement, which prevails over rules unilaterally adopted earlier by one of the parties. The agreement recognising the Tribunal's competence does not exempt staff members such as the complainant from the application of [the Staff Rules and Regulations]."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; declaration of recognition; enforcement; international instrument; provision; staff regulations and rules;
Judgment 491
48th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal will determine the complainant's status by reference to the Staff Rules and Regulations and only where they are silent will it apply the general principles governing international public service. There is no ambiguity about the texts in point in this case."
Keywords:
applicable law; enforcement; international civil service principles; no provision; staff regulations and rules;
Judgment 490
48th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 491, consideration 3.
Reference(s)
ILOAT Judgment(s): 491
Keywords:
applicable law; enforcement; international civil service principles; no provision; staff regulations and rules;
Judgment 487
48th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's absence from duty for which the organization's medical officer thought the application of sick leave unjustified was set against annual leave; the complainant contends that it was in fact a disciplinary measure tainted with abuse of authority. "In the circumstances of this case the application of the [material rule] by analogy and the consequent exclusion of [another rule] which would have entailed disciplinary action [...] constitutes no abuse of authority, since that authority was not exercised for any unlawful purpose."
Keywords:
abuse of power; analogy; annual leave; enforcement; illness; misuse of authority; provision; refusal; sick leave; unauthorised absence;
Judgment 486
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4 and 8
Extract:
The complainant was promoted from GS to P. This change was not an appointment. Under the stated policy of the organization such a promotion justified a review of the place of residence. But such a statement of practice "must not conflict with the rule which it is elaborating". The applicable provision stipulates that the place determined at the time of appointment should be recognised throughout the service. "This forbids the change of residence which the complainant is asking the Tribunal to order."
Keywords:
amendment to the rules; contract; enforcement; general service category; local status; practice; professional category; promotion; provision; residence; staff regulations and rules;
Consideration 8
Extract:
A statement by the Director of a practice which he intends to follow can under certain conditions establish a contractual obligation arising out of the relationship created by the appointment. Such statements often relate to the way in which the Director intends to administer a staff rule and thus clarify and amplify it. "But just as a staff rule must not conflict with the staff regulation under which it is made, so a statement of practice must not conflict with the rule which it is elaborating."
Keywords:
binding character; enforcement; executive head; practice; precedence of rules; provision; staff regulations and rules;
Judgment 485
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1(A)
Extract:
At the time of her appointment the complainant was living outside Italy. She moved to that country to take up her duties in Rome, which, in her view, established the international character of her appointment. The organization submits that the words "internationally recruited" apply to general service category staff with non-local status, as defined by the material provision. "If these words stood by themselves the complainant's argument might well be preferred [...] but they must be interpreted in their context in the Staff Rules." Under the applicable rules, the position of the organization is warranted.
Keywords:
enforcement; local status; non-local status; provision; residence; staff regulations and rules;
Judgment 484
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1(A)
Extract:
Vide Judgment 485, consideration 1(a).
Reference(s)
ILOAT Judgment(s): 485
Keywords:
enforcement; local status; non-local status; provision; residence; staff regulations and rules;
Judgment 483
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2(A)
Extract:
Vide Judgment 485, consideration 1(a).
Reference(s)
ILOAT Judgment(s): 485
Keywords:
enforcement; local status; non-local status; provision; residence; staff regulations and rules;
Judgment 481
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Under the Staff Rules, any unauthorised and unjustified absence from duty shall be charged to special leave without pay. "It is for the administration to determine whether or not an official needs permission to be absent from duty and whether to authorise participation in a staff demonstration during working hours." By warning the association that participation in the demonstration set for the next day [to secure recognition of the association] would be treated as unauthorised and unjustified, the Director-General kept within the bounds of his authority.
Keywords:
discretion; enforcement; provision; special leave; staff regulations and rules; staff union; staff union activity; time off; unauthorised absence; unpaid leave;
Judgment 446
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The absence of a reclassification plan, as provided for in the Staff Regulations, was not regarded by the internal appeals body as a lacuna nor did it prevent the Director-General from taking a decision on a request for a post reclassification. "If therefore there was a violation of the Regulations cited, it does not vitiate the decision impugned."
Keywords:
enforcement; flaw; lack of injury; post classification; provision; staff regulations and rules;
Judgment 444
46th Session, 1981
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Tribunal can intervene only in the event of non-compliance with the Staff Regulations or the terms of appointment.
Keywords:
competence of tribunal; contract; enforcement; provision; staff regulations and rules;
Judgment 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13(A)
Extract:
"A staff member may properly allege unfair treatment where general rules are not applied in the same way to all the staff members to which they are applicable, but he may not do so by comparing circumstances created by particular measures, such as agreements for the reappointment of particular officials. Such agreements will differ because the circumstances of each case differ, and there is no inequality of treatment."
Reference(s)
ILOAT Judgment(s): 404
Keywords:
application for review; difference; enforcement; equal treatment; individual decision; official; provision; reinstatement; staff regulations and rules;
Judgment 429
45th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The right to impugn a decision subsumes the right to challenge the rule on which the decision is founded. But the Tribunal may not exercise as wide a power of review over the rule as over the decision taken under it."
Keywords:
competence of tribunal; complaint; decision; enforcement; judicial review; provision; staff regulations and rules;
Judgment 427
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The question of the candidacy of a staff member for the office of director of the organization must be resolved by the Staff Regulations. "They might forbid staff members from standing as candidates or restrict their activities if they do stand. But, in the absence of an express regulation, a staff member is entitled to think that he is bound only by those standards of propriety to be observed by the candidates generally; otherwise the electoral processes would be unfair."
Keywords:
candidate; conduct; duty of discretion; election; enforcement; executive head; official; staff regulations and rules;
Judgment 391
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11 and 13
Extract:
The organisation imposed four days of unpaid leave on officials. The provisions which relate to exceptions and amendments to the Staff Regulations do not preclude the application of the provision respecting the amendment of contracts of employment, and upon which the organisation acted. This provision takes precedence over the text which enumerates the list of deductions.
Keywords:
amendment to the rules; contract; enforcement; provision; staff regulations and rules;
Judgment 382
42nd Session, 1979
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The decision of the Secretary-General of the United Nations to apply the [general service salary] scales which are now in force in its Geneva office was challenged by an official of the United Nations in case no. 225 [...] before the Administrative Tribunal of the United Nations. This Tribunal is satisfied that the United Nations Tribunal is the proper forum for the determination of this issue. That Tribunal upheld as valid the decision of the Secretary-General of the United Nations." The decision taken by the Secretary-General of the WMO to apply those scales therefore stands.
Keywords:
amendment to the rules; case law; competence; enforcement; general service category; judgment of the tribunal; scale; unat;
Judgment 381
42nd Session, 1979
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
A provision in the Staff Rules "expressly provides that the Director-General shall consult with his staff [...]. This makes it difficult to imply a further term requiring him not merely to consult but to negotiate".
Keywords:
collective bargaining; consultation; enforcement; organisation's duties; provision; staff regulations and rules;
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