Competence of Tribunal (102, 103, 105, 694, 699, 700, 701, 844, 702, 703, 727, 830, 861, 878, 944, 946, 948,-666)
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Keywords: Competence of Tribunal
Total judgments found: 463
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Judgment 598
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Where the guidelines properly modify the requirements of the Service Regulations they confer on the President an authority of his own which he exercises in the general interest and as befits the particular circumstances. [...] The wording of the guidelines is such that they cannot be treated as nothing more than standards or goals [...] They set objective and binding criteria for deciding on individual staff cases, and, while not ignoring the President's discretionary authority, the Tribunal will review the application of the rules the Council has laid down."
Keywords:
administrative instruction; amendment to the rules; binding character; competence of tribunal; discretion; enforcement; executive body; executive head; general decision; staff regulations and rules;
Judgment 597
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 598, consideration 1.
Reference(s)
ILOAT Judgment(s): 598
Keywords:
administrative instruction; amendment to the rules; binding character; competence of tribunal; discretion; enforcement; executive body; executive head; general decision; staff regulations and rules;
Judgment 580
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant pleads against the admissibility of the candidacy on the grounds that the age-limit was not observed. "This plea is not a matter of policy and it is one which the Tribunal will entertain in exercise of its power of review. For that reason it need not determine whether, being a so-called 'policy' decision, the actual choice of a candidate is a matter outside its competence."
Keywords:
age limit; candidate; competence of tribunal; executive head; judicial review;
Consideration 8
Extract:
The complainant, an international civil servant, challenged a candidacy to the post of Director-General. The Organisation pleads that "if the complainant had a cause of action, he would have an unfair advantage over candidates who, not being members of the ILO staff, do not have access to the tribunal. But the alleged breach of equality is a corollary of the provision in the Statute which determines the conditions of access to the Tribunal, and the Tribunal may not review the lawfulness of that provision. The plea fails."
Keywords:
candidate; cause of action; competence of tribunal; equal treatment; executive head; locus standi; ratione personae;
Judgment 571
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is not for the Tribunal to interpret the text of the guideline. The [Staff] Regulation leaves it to the discretion of the President to determine the number of years [of professional experience] so long as he has regard to the guideline. [...] He is entitled to have regard to the fact that the interpretation [put on it], whether right or wrong, has been applied consistently since the first staff were recruited and it cannot now be changed without causing injustice."
Keywords:
administrative instruction; competence; competence of tribunal; discretion; executive head; interpretation; practice; professional experience;
Judgment 565
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5(B)
Extract:
The complainant's claim "is for rating his performance, not 'fully satisfactory', but 'outstanding'. The Tribunal cannot make any general assessment of performance and this is a matter outside its own competence and exclusively within the ILO's."
Keywords:
competence of tribunal; discretion; work appraisal;
Judgment 564
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant asks the Tribunal to declare null and void the result of the competition and to award him compensation for material and moral prejudice [for having been eliminated from the competition]. These claims "come within the Tribunal's competence as defined in Article II of its Statute and are therefore receivable."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
application for quashing; competence of tribunal; competition; injury; receivability of the complaint;
Judgment 559
50th Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant, whose application for a post as an expert was turned down, is not alleging any breach of the provisions of the Staff Regulations or Staff Rules or of any of the terms of appointment. The Tribunal is not competent to hear his claims.
"Since lack of competence may be assimilated to irreceivability, the complaint must be summarily dismissed in accordance with Article 8[3] of the Rules of court."
Reference(s)
ILOAT reference: ARTICLE 8, PARAGRAPH 3, OF THE RULES
Keywords:
competence of tribunal; receivability of the complaint; summary procedure;
Judgment 558
50th Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
"In the course of the written proceedings, the complainant applied to the President of the Tribunal for an order for the production of the report on which the impugned decision was based." Her application succeeds. "When in session the Tribunal itself will order measures of investigation, and the President has communicated the complainant's application to the Tribunal, which is holding its [...] session."
Keywords:
competence of tribunal; disclosure of evidence; interlocutory order; order; president of the tribunal; request by a party;
Judgment 556
50th Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Article 19 of the Rules of court "empowers the President to make such orders only in the interval between sessions. Thus when in session the Tribunal itself will order measures of investigation in accordance with Article 11(1) of its Rules."
Reference(s)
ILOAT reference: ARTICLES 11 AND 19 OF THE RULES
Keywords:
competence of tribunal; iloat statute; inquiry; interlocutory order; investigation; order; submissions;
Judgment 550
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The internal appeal was declared irreceivable. "But a decision declaring an appeal irreceivable is just as open to challenge as a decision on the merits. And the receivability of this complaint does not turn on that of the internal appeal, and on such questions as whether the latter was submitted in time or duly brought within the scope of Staff Rules [...] The point must be settled solely by reference to the Tribunal's own Statute."
Keywords:
competence of tribunal; complaint; enforcement; iloat statute; internal appeal; receivability of the complaint;
Judgment 537
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Both the French and the English are authentic. In such circumstances the Tribunal will interpret the texts according to the usual methods. This approach may of course put the complainant in an awkward position. A staff member may act on an explicit provision and later discover it to be erroneous. This may be an important consideration of equity, but it cannot be maintained on that account that it is for each staff member to choose the language version which suits him best."
Keywords:
authentic version; competence of tribunal; interpretation; language of rule;
Judgment 536
49th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The Tribunal may apply the summary procedure "if it is detrimental neither to the complainant's interests nor to the defendant's to dispense with further memoranda. The Tribunal so decides at its own discretion, being alone competent to determine the procedure, and it is not a decision the complainant may object to."
Reference(s)
ILOAT Judgment(s): 404, 442
Keywords:
competence of tribunal; condition; summary procedure;
Judgment 532
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Insofar as a provision of the Service Regulations purports to provide that failing a decision by the President on an internal appeal within two months, a complaint may be duly filed with the Tribunal, "the provision must be treated as invalid because this is a matter of procedure which only the Tribunal's own Statute and Rules of court can settle."
Keywords:
competence of tribunal; difference; iloat statute; precedence of rules; procedure before the tribunal; provision; staff regulations and rules; time limit;
Judgment 526
49th Session, 1982
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Tribunal is not competent to review the administrative reform whereby two previously independent departments were merged into one.
Keywords:
competence of tribunal; reorganisation;
Considerations 1-2
Extract:
The claim inviting the Tribunal to order the Secretary-General to place the complainant in a post suited to her qualifications and experience does not fall with the scope of the Tribunal's competence.
Keywords:
assignment; competence of tribunal;
Judgment 524
49th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is unnecessary for the Tribunal, in settling this case, to determine whether the definition of its competence in its Statute enables it to set aside a decision which is general in character or effect. Even if the Tribunal declares itself competent to set aside an announcement of a vacancy, it will in this particular instance reject the complainant's claim."
Keywords:
application for quashing; competence of tribunal; competition; vacancy notice;
Judgment 522
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"The function of the Tribunal is to do justice between the parties according to the merits of the case but subject to the rules of procedure by which it is governed. The rules as to receivability, which are procedural rules, are designed to protect the organisation against what might be a greater injustice to it if access to the Tribunal was totally unrestricted."
Keywords:
competence of tribunal; procedure before the tribunal; purpose;
Judgment 521
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Board of Appeal expressed the opinion that the educational requirements for the post in question were excessive and tended to restrict staff career opportunities. "The point can be brought within the competence of the Tribunal only if there is an allegation, which in this case there is not, that the imposition of minimum qualifications is a breach of some regulation or rule or of some term of the complainant's contract of employment."
Keywords:
appointment; competence of tribunal; competition; condition; degree; judicial review; qualifications; vacancy;
Judgment 514
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The Tribunal in Judgment no. 426 decided that a practice by the United Nations to reimburse tax on lump-sum communications was irrelevant." The United Nations introduced a transitional measure to protect the acquired rights of serving officials when it discontinued the practice. The organisation in question did not do likewise. The point raised is not within the jurisdiction of the Tribunal.
Reference(s)
ILOAT Judgment(s): 426
Keywords:
amendment to the rules; commutation; competence of tribunal; lump-sum; practice; refund; tax; transitional measures;
Judgment 513
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant seeks the quashing of the decisions of the Internal Board of Appeal and the Director-General to reject his appeal in accordance with the Board's recommendation. Only the latter decision, the final one, which is in accordance with Article VII of the Statute."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
application for quashing; competence of tribunal; decision; iloat statute; internal appeals body; recommendation; report;
Judgment 507
48th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The relief sought by the complainants is an order or declaration that the organisation is liable to contribute to the [social security] scheme in respect of the [gratifications] paid to the complainants. It is unusual for the Tribunal to give relief in this form, especially where third parties such as the [national] authorities are involved. The normal method of relief would be an order against the organisation that it should compensate the complainants for the loss they have sustained." [here: the difference between contributions from the organisation and contributions from the complainants]
Keywords:
competence of tribunal; contributions; injury; insurance; organisation's duties;
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