TERMS OF APPOINTMENT
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Keywords: TERMS OF APPOINTMENT
Total judgments found: 1,647
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Judgment 1800
86th session, 1999
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 8
Extract:
"THE COMPLAINANTS' [...] PLEA IS THAT THE SOLE PURPOSE OF THE CHANGE IN THE RULES ON THE [POST ADJUSTMENT] INDEX [DECIDED BY THE ICSC] WAS TO SAVE MONEY. THE TRIBUNAL NEED ONLY QUOTE THE REPLY IT GAVE TO THAT ARGUMENT IN JUDGMENT 1776: 'IF THE NEW METHOD IS LAWFUL THE FACT THAT APPLYING IT SAVES MEMBER STATES MONEY CANNOT IN ITSELF BE A FLAW.' AND THE EVIDENCE SUGGESTS NO MISUSE OF AUTHORITY BY THE [ICSC], WHICH, AGAINST THE ODDS, TRIES TO FIND FROM TIME TO TIME OBJECTIVE CRITERIA FOR RECKONING POST ADJUSTMENT THROUGHOUT THE COMMON SYSTEM."
Reference(s)
ILOAT Judgment(s): 1776
Keywords:
amendment; budgetary reasons; case law; icsc decision; international civil servant; member state; misuse of authority; post adjustment; reckoning; right; salary; same;
Judgment 1798
86th session, 1999
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 6
Extract:
"A STRONG LINE OF PRECEDENT HAS IT THAT PAYSLIPS ARE INDIVIDUAL DECISIONS WHICH MAY BE CHALLENGED BEFORE THE TRIBUNAL. [...] EVEN THOUGH THE COUNCIL HAS RESERVED ITS RIGHT TO ALTER PAY FOR JULY 1996 LATER, AND RETROACTIVELY, THE IMPUGNED DECISIONS DO SHOW A CAUSE OF ACTION."
Keywords:
amendment; case law; cause of action; discretion; executive body; individual decision; pay slip; tribunal;
Judgment 1797
86th session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATIONS 12 AND 13
Extract:
"THE ORGANIZATION PLEADS THAT IT IS UNDER NO DUTY TO PAY CONTRIBUTIONS FOR [THE COMPLAINANT] TO THE PENSION FUND OR TO THE STAFF HEALTH INSURANCE PLAN AND WOULD HAVE HAD SUCH DUTY ONLY IF HE HAD BEEN REINSTATED... THE TRIBUNAL RULED ON A SIMILAR ISSUE IN JUDGMENT 1338 [...] IN WHICH IT HELD THAT ITS AWARD ... OF DAMAGES EQUIVALENT TO 'THE AMOUNT OF THE SALARY, ALLOWANCES AND OTHER ENTITLEMENTS [THE COMPLAINANT] WOULD HAVE RECEIVED' HAD NOT REQUIRED REINSTATEMENT IN THE PENSION FUND OR HEALTH INSURANCE."
Reference(s)
ILOAT Judgment(s): 1338
Keywords:
allowance; application for execution; case law; contributions; enforcement; insurance; judgment; organisation's duties; reinstatement; salary; social benefit; unjspf;
Judgment 1796
86th session, 1999
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 14
Extract:
THE COMPLAINANT WAS REASSIGNED BECAUSE OF HIS ALLEGED POOR ATTENDANCE AND TIME-KEEPING. "THE STATEMENTS BY THE REPRESENTATIVE [OF THE ORGANIZATION] AND BY THE COMPLAINANT ARE AT ODDS AND THERE IS NO IRREFUTABLE EVIDENCE BEFORE THE TRIBUNAL. THE CONCLUSION IS THAT WHAT WAS NEEDED WAS A PROPER INQUIRY TO SEE WHETHER ON THE STRENGTH OF RELIABLE EVIDENCE THE CHARGES AGAINST HIM STOOD UP."
Keywords:
appraisal of evidence; appraisal of facts; complaint allowed in part; conduct; disciplinary measure; evidence; inquiry; judicial review; misconduct; organisation's duties; punctuality; transfer; unsatisfactory service;
CONSIDERATION 15
Extract:
THE COMPLAINANT WAS REASSIGNED BECAUSE OF HIS ALLEGED POOR ATTENDANCE AND TIME-KEEPING. "THE [ORGANIZATION'S] TREATMENT OF HIM LOOKS LIKE PUNISHMENT FOR CONDUCT IT DISAPPROVED OF AND FOR LOW OUTPUT. SO THERE SHOULD FIRST HAVE BEEN DUE DISCIPLINARY PROCESS AFFORDING HIM FULL SAFEGUARDS."
Keywords:
complaint allowed in part; conduct; disciplinary measure; disciplinary procedure; due process; international civil servant; misconduct; organisation's duties; output; punctuality; right to reply; safeguard; transfer; unsatisfactory service;
Judgment 1793
86th session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 6
Extract:
"POSTS UNDER FIELD PROJECTS WILL AS A RULE FARE AS DO THE PROJECTS THEMSELVES. IF THE PROJECT IS OF LIMITED DURATION, SO TOO WILL BE THE POST."
Keywords:
fixed-term; post; project personnel;
Judgment 1791
86th session, 1999
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATIONS 15 AND 16
Extract:
"THE COMPLAINANTS CONTEND THAT [...] THE IMPUGNED DECISION WAS IN BREACH OF [...] THEIR RIGHT TO A STEADY LEVEL OF PAY. [...] THEY MAINTAIN THAT [...] THE ORGANIZATION ACTED IN BREACH OF THE GENERAL PRINCIPLE OF THE INTERNATIONAL CIVIL SERVICE KNOWN AS NOBLEMAIRE. THE TRIBUNAL IS SATISFIED THAT THERE WAS NO BREACH HERE OF ANY PRINCIPLE OF THE INTERNATIONAL CIVIL SERVICE. [...] THE MEASURE THE COMPLAINANTS ARE OBJECTING TO WAS EXCEPTIONAL AND LIMITED IN TIME. AS FOR THEIR RIGHT TO A STEADY LEVEL OF PAY, THAT MEASURE NEITHER CHANGED THE PAY SCALES NOR HAD ANY IMPACT WHATEVER ON TERMS OF EMPLOYMENT IN THE LONG TERM. THE CONCLUSION IS THAT THERE WAS NO BREACH OF ACQUIRED RIGHTS."
Keywords:
acquired right; amendment; breach; exception; finality of judgment; international civil servant; international civil service principles; noblemaire principle; provisional decision; reduction; right; salary; scale; terms of appointment;
CONSIDERATIONS 13 AND 14
Extract:
"THE COMPLAINANTS PLEAD BREACH OF THEIR ACQUIRED RIGHTS [...] THEY ARGUE THAT THOSE TERMS ARE INVIOLATE, PARTICULARLY THE CLAUSES ON PAY. [...] THE FINANCIAL CRISIS [FACING THE ORGANIZATION] AT THE MATERIAL TIME DID AMOUNT TO EXCEPTIONAL CIRCUMSTANCES THAT WARRANTED THE SLIGHT REDUCTION IN PAY THAT [THE ORGANIZATION] APPLIED, FOR ONLY ONE YEAR ANYWAY AND IN CONSIDERATION FOR EXTRA TIME OFF."
Keywords:
acquired right; amendment; budgetary reasons; compensatory leave; contract; exception; finality of judgment; proportionality; provisional decision; reduction; salary; terms of appointment;
CONSIDERATIONS 7 AND 8
Extract:
"IN SUPPORT OF THEIR PLEA THAT THE IMPUGNED DECISION RESTED ON WRONG REASONS AND WRONG CONCLUSION [THE COMPLAINANTS] CONTEND THAT [THE ORGANIZATION] WAS MISTAKEN IN ITS EXPLANATION: THERE WAS IN FACT NO FINANCIAL CRISIS WARRANTING A COMPULSORY PAY CUT. [...] THE PLEA FAILS. THE EVIDENCE [...] SHOWS THAT [THE] MEMBER STATES HAD NOT BEEN SPARED THE ECONOMIC AND FINANCIAL PLIGHT OF EUROPE AT THE TIME AND SO WERE MUCH LESS ABLE TO FUND THE ORGANIZATION. THAT WAS WHY [...] THEY HAD TO THINK AGAIN ABOUT THE BUDGET [...] AND DEMAND A BIG CUT. THE TRIBUNAL IS SATISFIED ON THE EVIDENCE THAT [THE ORGANIZATION] DID NOT GIVE WRONG REASONS OR DRAW ANY BLATANTLY WRONG CONCLUSIONS."
Keywords:
budgetary reasons; duty to substantiate decision; evidence; grounds; mistaken conclusion; reduction; salary;
Judgment 1790
86th session, 1999
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 9
Extract:
THE COMPLAINANT SAYS THAT THE ORGANISATION HAS PAID HIM A TERMINATION INDEMNITY RECKONED ON THE STRENGTH OF ONLY SIX YEARS' SERVICE THOUGH HE WAS ON ITS STAFF FOR OVER TWELVE YEARS. THE DEFENDANT'S ANSWER IS THAT ACCORDING TO THE STAFF REGULATIONS THE COMPLAINANT HAD ONLY SIX YEARS' UNBROKEN SERVICE. THE TRIBUNAL CONSIDERS THAT "THE DEFENDANT HAS MISREAD ITS OWN RULES. FOR THE PURPOSE OF RECKONING THE TOTAL PERIOD OF UNBROKEN SERVICE THEY DO NOT, AS IT MAKES OUT, DISTINGUISH BETWEEN A YEAR SERVED AS A FELLOW' AND A YEAR SERVED AS A STAFF MEMBER OR AUXILIARY."
Keywords:
complaint allowed; continuance of operations; decision quashed; interpretation; staff regulations and rules; terminal entitlements;
Judgment 1789
86th session, 1999
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 8
Extract:
"[THE ORGANISATION] REJECTED [THE COMPLAINANT'S APPLICATION] ON THE GROUNDS THAT HE WAS OVERQUALIFIED [FOR THE JOB PUT UP FOR COMPETITION]. SUCH GROUNDS ARE WRONG IN LAW. YET THEY ARE THE ONLY ONES ON WHICH THE [ORGANISATION] REJECTED THE COMPLAINANT, PURPORTING TO ACT UNDER R II 1.03 [OF THE STAFF REGULATIONS]. IT THEREBY DENIED THE COMPLAINANT HIS RIGHT TO APPLY AND TO HAVE HIS APPLICATION PROPERLY CONSIDERED. THERE WAS BREACH OF EQUAL TREATMENT."
Reference(s)
Organization rules reference: ARTICLE R II 1.03 STAFF REGULATIONS
Keywords:
breach; candidate; competition; complaint allowed; criteria; discretion; equal treatment; flaw; grounds; mistake of law; procedure; rejected permanently; right; staff regulations and rules;
Judgment 1787
86th session, 1999
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATIONS 10 AND 11
Extract:
"THE QUALIFICATIONS EXPECTED MAY BE JUST 'DESIRABLE', NOT REQUIREMENTS BINDING IN LAW. BUT THE APPOINTING AUTHORITY IS NOT FREE ON THAT ACCOUNT [...] TO DISREGARD THE FACT THAT SOME DO QUALIFY AND TO PLUMP FOR THE VERY ONE WHO DOES NOT, EVEN ONE WHO IN OTHER RESPECTS HAS THE RIGHT EXPERIENCE AND SKILLS. [...] HERE THE ORGANIZATION PICKED SOMEONE WANTING IN LISTED QUALIFICATIONS WHICH, THOUGH SAID TO BE ONLY 'DESIRABLE', WERE IN FACT ESSENTIAL. IT THEREBY FELL SHORT OF THE STANDARDS OF OBJECTIVENESS AND OPENNESS THAT MUST GOVERN APPOINTMENT TO A SENIOR POST IN AN INTERNATIONAL ORGANISATION. THE PROCESS OF SELECTION CANNOT STAND [...]" (SEE JUDGMENT 1595, CONSID. 10).
Reference(s)
ILOAT Judgment(s): 1595
Keywords:
appointment; candidate; competition; competition cancelled; complaint allowed; condition; criteria; discretion; flaw; post; post description; procedure; professional experience; qualifications; vacancy notice;
CONSIDERATION 4
Extract:
"ALTHOUGH THE ABOLITION OF HIS POST DID DEMAND OF THE ORGANIZATION EFFORTS TO PLACE HIM SUITABLY AND AT THE RIGHT GRADE ELSEWHERE, HE HAD NO RIGHT TO PREFERENCE FOR ANY PARTICULAR POST, THE LESS SO SINCE OTHERS WERE IN THE SAME PLIGHT. HE MAY OBJECT TO THE ORGANIZATION'S FAILURE TO LET HIM HAVE THE TRANSFER HE WANTED, BUT SUCH FAILURE DOES NOT MAKE IT UNLAWFUL FOR THE ORGANIZATION TO HAVE APPOINTED ANOTHER OFFICIAL TO THE POST HE HAD APPLIED FOR, PROVIDED AT LEAST THAT THAT OFFICIAL WAS QUALIFIED."
Keywords:
abolition of post; appointment; competition; complaint allowed; condition; equal treatment; grade; organisation's duties; post; priority; qualifications; reassignment; right;
CONSIDERATION 5
Extract:
"WHEN A DECISION IS ADVERSE TO A STAFF MEMBER THE COMPETENT ADMINISTRATIVE AUTHORITY DOES HAVE TO REVEAL THE REASONS FOR IT. BUT WHEN THE RESULT OF A COMPETITION IS ANNOUNCED AND, MORE BROADLY, WHEN A CHOICE IS MADE BETWEEN CANDIDATES THE REASONS FOR THE CHOICE NEED NOT BE NOTIFIED AT THE SAME TIME AS THE DECISION."
Keywords:
candidate; competition; complaint allowed; decision; discretion; duty to substantiate decision; grounds; procedure; time limit;
Judgment 1784
86th session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 15
Extract:
"UNDER MANUAL PARAGRAPH I.2.510 THE ORGANIZATION IS EMPOWERED TO REQUIRE THAT THE ORIGINAL BILLS BE ATTACHED TO THE FORM THAT THE STAFF MEMBER MUST FILL UP TO CLAIM THE EDUCATION GRANT. IT DOES NOT HAVE TO ACCEPT EVIDENCE OF THE SORT THE COMPLAINANT IS OFFERING. IT WILL EVALUATE ANY ALTERNATIVE PROOF HE MAY PRODUCE IN THE ABSENCE OF THE BILLS. ORIGINAL DOCUMENTS MUST HAVE GONE ASTRAY BEFORE, AND IT IS OFTEN POSSIBLE TO RECONSTITUTE THEM. IT IS UP TO THE ORGANIZATION TO DECIDE SUBJECT TO REVIEW BY THE TRIBUNAL WHETHER THE PROOF OFFERED IS SATISFACTORY."
Reference(s)
Organization rules reference: PARAGRAPH I.2.510 WHO'S MANUAL
Keywords:
admissibility of evidence; allowance; application for execution; appraisal of evidence; burden of proof; complainant; disclosure of evidence; discretion; education expenses; evidence; judicial review; lack of evidence;
Judgment 1783
85th session, 1998
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 4
Extract:
"WHEN THE TRIBUNAL QUASHES A FLAWED DECISION NOT TO RENEW A FIXED-TERM APPOINTMENT IT HAS DISCRETION AS TO THE RELIEF IT GRANTS. IT MAY SEND THE CASE BACK FOR A NEW DECISION BY THE ORGANISATION ON RENEWAL [...] BUT IF IT CONSIDERS THAT RENEWAL WOULD BE ONLY FAIR, IT WILL, INSTEAD OF ORDERING A NEW DECISION, ACTUALLY ORDER REINSTATEMENT UNDER A NEW CONTRACT FOR AN APPROPRIATE TERM. [...] BUT IF IT CONSIDERS NEITHER A NEW DECISION NOR REINSTATEMENT TO BE POSSIBLE OR ADVISABLE, IT MAY, AS AUTHORISED BY ARTICLE VIII OF ITS STATUTE, AWARD THE COMPLAINANT COMPENSATION."
Reference(s)
ILOAT reference: ARTICLE VII ILOAT STATUTE
Keywords:
allowance; application for execution; case sent back to organisation; compensation; contract; decision quashed; duration of appointment; effect; fixed-term; iloat statute; judgment; non-renewal; reinstatement; subsidiary;
Judgment 1782
85th session, 1998
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 11
Extract:
"WHAT [STAFF RULE 110.02 A) ON ABOLITION OF POSTS AND STAFF REDUCTION] ENTITLES STAFF MEMBERS WITH PERMANENT APPOINTMENTS TO IS PREFERENCE TO 'SUITABLE POSTS IN WHICH THEIR SERVICES CAN BE EFFECTIVELY UTILIZED', AND THAT MEANS POSTS NOT JUST AT THE SAME GRADE BUT EVEN AT A LOWER ONE. [...] THE ADVISORY GROUP SHOULD HAVE ASKED THE COMPLAINANT [WHO HELD GRADE G.7] AT THE OUTSET WHETHER SHE WOULD ACCEPT A G.6 POST. BECAUSE IT FAILED TO DO SO, IT CONSIDERED HER FOR VACANT POSTS AT G.7 ONLY AND DEPRIVED HER OF THE OPPORTUNITY OF BEING CONSIDERED FOR G.6 VACANCIES." SEE ALSO JUDGMENT 346 [...].
Reference(s)
Organization rules reference: UNIDO'S STAFF RULE 110.02 A)
ILOAT Judgment(s): 346
Keywords:
abolition of post; complaint allowed; complaint allowed in part; contract; decision quashed; duration of appointment; grade; organisation's duties; permanent; post; priority; reinstatement; staff reduction; staff regulations and rules; vacancy;
Judgment 1781
85th session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 13
Extract:
THE COMPLAINANT SUBMITTED THAT THE DIRECTOR-GENERAL HAD VERBALLY PROMISED HIM THREE STEP INCREMENTS AT HIS GRADE. ON THE EVIDENCE THERE IS NO DENIAL BY THE DIRECTOR-GENERAL ON THAT POINT. THE TRIBUNAL HOLDS THAT: "WHILE THE DIRECTOR-GENERAL MAY COMMUNICATE WITHIN THE ORGANIZATION THROUGH OTHERS ACTING ON HIS BEHALF, THE BEST EVIDENCE AVAILABLE MUST BE OFFERED IN PROCEEDINGS BEFORE THE TRIBUNAL. IN THIS INSTANCE IT WOULD HAVE BEEN DIRECT DENIAL BY THE DIRECTOR-GENERAL HIMSELF."
Keywords:
complaint allowed; complaint allowed in part; disclosure of evidence; evidence; executive head; lack of evidence; promise;
Judgment 1780
85th session, 1998
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 6 (B)
Extract:
"REGULAR PAYMENTS BY AN EMPLOYER, WHETHER IN THE FORM OF SALARY OR OF SOME OTHER BENEFIT, AMOUNT TO DECISIONS THAT MAY BE CHALLENGED AT THE TIME. FAILING SUCH CHALLENGE THEY BECOME FINAL AND MAY BE CHALLENGED THEREAFTER ONLY IF THERE ARE GROUNDS FOR REVIEW OF ADMINISTRATIVE ACTION."
Keywords:
allowance; condition; continuing breach; individual decision; receivability; salary;
Judgment 1779
85th session, 1998
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 11
Extract:
"THE TRIBUNAL WILL REVIEW THE [RESTRUCTURING] PROCESS INSOFAR AS IT MAY INVOLVE PERSONAL PREJUDICE, ABUSE OF AUTHORITY OR SIMILAR DEFECTS. BUT IT IS NOT FOR THE TRIBUNAL TO DECIDE WHAT A NORMAL PROCEDURE' FOR RESTRUCTURING MIGHT BE."
Keywords:
bias; discretion; flaw; judicial review; limits; misuse of authority; reorganisation;
Judgment 1775
85th session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 12
Extract:
ACCORDING TO THE COMPLAINANT, THE WAY HE ACCEPTED THE OFFER OF EMPLOYMENT DID FORM A BINDING CONTRACT. THE TRIBUNAL CONSIDERS THAT "[THE COMPLAINANT] MUST SHOW AN UNQUALIFIED AGREEMENT AND MEETING OF MINDS BETWEEN THE ORGANIZATION AND HIMSELF ON THE ESSENTIAL TERMS OF A CONTRACT OF EMPLOYMENT. THE TRIBUNAL IS UNABLE TO READ [A TELEX FROM THE COMPLAINANT TO THE ORGANIZATION] AS ANYTHING BUT A COUNTER-OFFER ON ONE OF THE MOST ESSENTIAL TERMS OF THE PROPOSED CONTRACT, NAMELY REMUNERATION. CERTAINLY, IT CANNOT BE SAID TO BE AN UNQUALIFIED ACCEPTANCE AND THE FACT THAT IT IS COUCHED IN TERMS OF A CLAIM OF RIGHT DOES NOTHING TO CHANGE ITS CHARACTER; A POTENTIAL EMPLOYEE DOES NOT HAVE AN AUTOMATIC RIGHT TO ANY PARTICULAR GRADE OR STEP AND AN OFFER WHICH SPECIFIES ONE FIGURE OF SALARY CANNOT BE ACCEPTED BY A CLAIM TO A HIGHER FIGURE: SEE JUDGMENT 228 [...]."
Reference(s)
ILOAT Judgment(s): 228
Keywords:
acceptance; case law; contract; grade; offer; right; salary; step;
CONSIDERATION 10
Extract:
"STAFF RULE 1050.2, WHICH [THE COMPLAINANT] RELIES ON, STATES THAT [THE REDUCTION-IN-FORCE PROCEDURE] APPLIES ONLY TO A POST OF INDEFINITE DURATION'. THE POST HELD BY THE COMPLAINANT [...] WAS DESIGNATED AS A PROJECT POST'. AS MANUAL PARAGRAPH II.9.260 MAKES PLAIN, THE REDUCTION-IN-FORCE PROCEDURE DOES NOT APPLY TO POSTS OF LIMITED DURATION', A CATEGORY WHICH SPECIFICALLY INCLUDES COUNTRY PROJECT POSTS."
Reference(s)
Organization rules reference: ARTICLE 1050.2 DU REGLEMENT DU PERSONNEL DE L'OMS PARAGRAPHE II.9.260 DU MANUEL DE L'OMS
Keywords:
criteria; enforcement; fixed-term; permanent; post; project personnel; staff reduction; staff regulations and rules;
CONSIDERATION 12
Extract:
THE COMPLAINANT CLAIMS THAT A BINDING CONTRACT DID EXIST BETWEEN THE ORGANIZATION AND HIMSELF, DESPITE THE SILENCE OF THE ORGANIZATION ON HIS COUNTER-OFFER REGARDING THE AMOUNT OF HIS SALARY. THE TRIBUNAL CONSIDERS THAT "[IT CANNOT] BE SAID THAT THE ORGANIZATION'S REPLY [...] CONSTITUTED BY ITS SILENCE ON THAT SCORE AN ACCEPTANCE OF THE COMPLAINANT'S COUNTER-OFFER. SILENCE DOES NOT NORMALLY IMPLY CONSENT AND THE CIRCUMSTANCES HERE ARE NOT SUCH AS TO GIVE RISE TO ANY INFERENCE IN THE COMPLAINANT'S FAVOUR; THE TERMS OF THE ORGANIZATION'S [REPLY] ARE FULLY COMPATIBLE WITH THE CONCLUSION THAT THE QUESTION OF SALARY WAS STILL UNRESOLVED AND SUBJECT TO FURTHER NEGOTIATION."
Keywords:
acceptance; collective bargaining; contract; failure to answer claim; offer; salary;
Judgment 1773
85th session, 1998
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATIONS 5 AND 6
Extract:
"THE [ORGANIZATION] ARGUES THAT THE TRIBUNAL IS NOT COMPETENT TO HEAR [THE COMPLAINTS]. IN ITS SUBMISSION [THE] CONTRACT OF EMPLOYMENT [SIGNED BY THE COMPLAINANT] DOES NOT VEST COMPETENCE IN THE TRIBUNAL BUT EXPRESSLY PROVIDES FOR ARBITRATION OVER ANY DISPUTE. IN THE CIRCUMSTANCES OF THE CASE THE PLEA CANNOT SUCCEED. THE [ORGANIZATION REFUSED THE COMPLAINANT'S] REQUEST FOR ARBITRATION. ALTHOUGH THERE WAS NO EXPRESS PROVISION VESTING COMPETENCE IN THE TRIBUNAL TO HEAR THE DISPUTE BETWEEN THE ORGANIZATION AND THE COMPLAINANT, IT EMPLOYED HIM, PAID HIS SALARY AND TERMINATED HIS APPOINTMENT. THERE IS THEREFORE NO DENYING THE TRIBUNAL'S COMPETENCE BY VIRTUE OF THE GENERAL TERMS OF ARTICLE II OF ITS STATUTE. SUCH DENIAL WOULD MEAN EITHER THAT NO COURT AT ALL HAD JURISDICTION OR THAT THE CASE MUST GO TO THE [NATIONAL] COURTS, TO WHOSE JURISDICTION THE [ORGANIZATION] DECLINES TO SUBMIT."
Reference(s)
ILOAT reference: ARTICLE II ILOAT STATUTE
Keywords:
arbitration; competence of tribunal; contract; declaration of recognition; iloat statute; municipal court; right of appeal;
Judgment 1771
85th session, 1998
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 2 (C)
Extract:
"THE COMPLAINANT APPLIES FOR AN EXPERT ENQUIRY TO DETERMINE WHETHER SHE IS FIT FOR THE DUTIES OF THE POST. FIRM PRECEDENT HAS IT THAT AN EXECUTIVE HEAD MUST BE ALLOWED DISCRETION TO DETERMINE WHAT SERVICES THE ORGANISATION NEEDS AND WHETHER SOMEONE IS ABLE TO PROVIDE THEM, AND THAT THE TRIBUNAL MAY EXERCISE ONLY A LIMITED POWER OF REVIEW OVER DECISIONS ON SUCH MATTERS. TO ALLOW THE COMPLAINANT'S APPLICATION FOR EXPERT INQUIRY WOULD BE TO ASSUME THAT THE TRIBUNAL MIGHT REPLACE THE DIRECTOR GENERAL'S ASSESSMENT OF HER WITH ITS OWN AND WOULD BE ALIEN TO THE NOTION OF LIMITED REVIEW".
Keywords:
case law; competition; complaint allowed; complaint allowed in part; discretion; executive head; expert inquiry; judicial review; qualifications; refusal;
Judgment 1767
85th session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATIONS 12 AND 13
Extract:
THE TEXTS PROVIDE THAT ONE MEMBER OF THE SELECTION COMMITTEE "MUST BE THE STAFF ASSOCIATION'S PRESIDENT OR HIS NOMINEE'. [...] HERE THE STAFF ASSOCIATION REFUSED TO TAKE PART IN THE SELECTION. ALTHOUGH A REPRESENTATIVE OF THE ASSOCIATION IS FREE TO TAKE PART, HIS REFUSAL TO DO SO CANNOT MAKE THE COMMITTEE'S CHOICE VOID. IF THAT WERE SO, THE STAFF ASSOCIATION'S REPRESENTATIVE WOULD HAVE A VETO".
Keywords:
consequence; participation; refusal; right; selection board; staff representative; staff union;
Judgment 1765
85th session, 1998
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 8
Extract:
THE INTERNATIONAL CIVIL SERVICE COMMISSION MADE A MISTAKE IN RECKONING THE MULTIPLIER USED TO WORK OUT THE POST ADJUSTMENT IN GENEVA. "[THE ORGANIZATION] HAS THE DUTY OF CHECKING THE LAWFULNESS OF ANY DECISION BY ANOTHER BODY ON WHICH IT BASES ITS OWN DECISION. SO TOO MUST IT CHECK THE ADEQUACY OF ACTION BY THAT OTHER BODY TO CORRECT ANY MISTAKE IT MAY HAVE MADE, AND MAKE SURE THAT SUCH CORRECTIVE ACTION RESPECTS THE RIGHTS OF STAFF."
Keywords:
adjustment; breach; complaint allowed; decision; icsc decision; material error; organisation's duties; post adjustment; right; salary;
CONSIDERATION 12
Extract:
THE INTERNATIONAL CIVIL SERVICE COMMISSION MADE A MISTAKE IN RECKONING THE MULTIPLIER USED TO WORK OUT THE POST ADJUSTMENT FOR GENEVA FROM JULY 1994. "THERE IS NO MERIT TO THE COMMISSION'S PLEA THAT, NOT HAVING GOT WORD OF THE MISTAKE UNTIL AUGUST 1995, IT NEED NOT APPLY THE PROPER MULTIPLIER UNTIL FOUR MONTHS LATER. FOR ONE THING [...] THE DATA NEEDED TO PUT IT RIGHT HAD BEEN READILY AT HAND FOR WELL OVER A YEAR. IT WAS FOR WANT, NOT OF INFORMATION, BUT OF CARE ON THE PART OF THE COMMISSION OR ITS SECRETARIAT THAT THE MISTAKE CAME ABOUT. FOR ANOTHER THING, THE PLEA BETRAYS AN UTTER FAILURE TO GRASP WHAT THE FOUR-MONTH RULE MEANS. [...] IT HAS NO BEARING WHATEVER ON THE COMMISSION'S CORRECTION OF ANY MISTAKE OF ITS OWN MAKING."
Keywords:
adjustment; complaint allowed; cost-of-living increase; icsc decision; liability; material error; post adjustment; salary;
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