Staff claim (533,-666)

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Keywords: Staff claim
Total judgments found: 3

• Judgment 2672

  
  104th Session, 2008
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 9-10

  Extract:

  "A staff association or union is, in essence, a voluntary association of employees and/or others in a relationship pursuant to which they perform services by way of personal exertion, who have agreed together to act collectively [...] to protect and promote their industrial interests. The powers of the association may extend to the protection and promotion of the industrial interests of those who are eligible to belong to the association. Many countries require other formalities including, sometimes, registration under the relevant domestic law. Those laws cannot apply to a staff association or union the membership of which is restricted to international civil servants. However, that is not to say that no formality is necessary for the formation of a staff association or union representing international civil servants.
  For the creation of a staff association or union representing international civil servants, there must, at the very least, be some means of identifying the agreement voluntarily to associate for the purpose of protecting and promoting the industrial interests of members, the terms of that agreement and the means by which it may be varied, both in relation to individual employees and the purposes or objects of the association. [...] [B]ecause it is a voluntary association, there must be an agreement as to the persons by or through whom the association acts, the means by which those persons are selected or elected, the matters in respect of which they have authority to act and the powers that they have in relation to those matters. In the absence of agreement as to each of those matters, the agreement to associate would, in accordance with general principles of law, be void for uncertainty. And to have an agreement covering those matters, there must be rules incorporated in a charter, a statute or some other document to which the members subscribe and by which they agree to be bound."

  Keywords:

  applicable law; collective bargaining; collective rights; effect; freedom of association; freedom of speech; general principle; staff claim; staff representative; staff union agreement; written rule;
  

  
  
  

• Judgment 496

  
  48th Session, 1982
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 41

  Extract:

  "Every lawyer must be aware that the jurisdiction of the Tribunal is confined to non-observance of the terms of appointment of officials and of provisions of the Staff Regulations. By far the greater part of the complainants' contributions to the dossier consist of the presentation of what is called a class action and of the complainants' side of a controversy that is manifestly outside the Tribunal's jurisdiction. There is no reason why the organization should pay for this. The complainants have, however, succeeded in establishing an important principle; they should be allowed 4,000 United States dollars towards their costs."

  Keywords:

  competence of tribunal; costs; freedom of association; iloat statute; staff claim;
  

  Consideration 6

  Extract:

  The principle of freedom of association "is accepted by the organization and [the Staff Regulations require] the Director to make provision for staff participation in the discussion of policies relating to staff questions and Staff Rules made thereunder give effect to the principle. The rules provide inter alia that staff shall have the right to associate themselves together in a formal organisation for the purpose of developing staff activities [...] and making representations to [the organization] concerning personnel policy and conditions of service".

  Keywords:

  freedom of association; provision; staff claim; staff regulations and rules; staff union; working conditions;
  

  Consideration 18

  Extract:

  The Tribunal does not intervene in the sphere of labour relations. "The Tribunal is concerned only with allegations that the administration is violating the right to associate; breaches of labour relations may, if sufficiently grave, be relied upon in support of such allegations."

  Keywords:

  competence of tribunal; freedom of association; staff claim;
  

  
  
  

• Judgment 87

  
  15th Session, 1965
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4 (I)

  Extract:

  "In the light of the terms actually used by the complainant, it cannot be asserted that in presenting this demand he was refusing to follow the procedure legally applicable to relations with the staff; at the most he was challenging its effectiveness. Furthermore, without it being necessary to consider whether this demand in itself implied some lack of the proper discretion which the complainant was bound to observe towards the Director-General, the fact that he made it did not in any case amount to an act of insubordination or impertinence."

  Keywords:

  duty of discretion; insubordination; staff claim; staff representative;