Competence of Tribunal (102, 103, 105, 694, 699, 700, 701, 844, 702, 703, 727, 830, 861, 878, 944, 946, 948,-666)
You searched for:
Keywords: Competence of Tribunal
Total judgments found: 463
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 | next >
Judgment 269
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Being bound by the scope of the complainant's claims for relief the Tribunal is not required to consider the complainant's allegation of an attempt at bribery. If that allegation were proved the attempt at bribery would be subsequent to the abolition of post and merely a consequence thereof. Hence it cannot properly be relied upon to justify the quashing of the impugned decision and the complainant's reinstatement, the only claims for relief which she has made."
Keywords:
claim; competence of tribunal; complaint; limits; receivability of the complaint; subsequent fact;
Judgment 261
35th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The complaint does not relate to any non-observance by the organization of the complainant's terms of appointment and consequently this claim falls outside the Tribunal's jurisdiction. It is therefore unnecessary to consider whether or not it is time-barred."
Keywords:
breach; cause of action; claim; competence of tribunal; complaint; consequence; no cause of action; organisation; receivability of the complaint; terms of appointment; time bar;
Judgment 254
34th Session, 1975
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Tribunal will not construe appraisal reports as if they were clauses in the Staff Rules. Indeed, the Tribunal will not normally entertain complaints about the contents of appraisal reports and will grant relief only if they show a total misconception of the situation."
Keywords:
application for quashing; competence of tribunal; interpretation; judicial review; performance report; rebuttal;
Judgment 246
33rd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1-2
Extract:
The competence of the Tribunal "does not extend to disputes between an international official and the organs of the [United Nations Joint Staff Pension] Fund."
Keywords:
competence of tribunal; complaint; pension; unjspf;
Judgment 234
32nd Session, 1974
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]here can be no claim in respect of currency devaluation as such." But there can be a claim for compensation for the delay in payment. "In the circumstances of [the] case this compensation should be assessed as the diminution in the amount of rupees eventually received by the complainant, the diminution being due to the change in the rupee/dollar rate during the period of delay."
Keywords:
administrative delay; amendment to the rules; competence of tribunal; consequence; currency of payment; delay in payment; exchange rate; execution of judgment; injury; judgment of the tribunal; material damages; moral injury; receivability of the complaint;
Judgment 231
32nd Session, 1974
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"According to Article II, paragraph 5, of its Statute the Tribunal hears complaints drawn up against organisations which have recognised its competence and alleging non-observance of terms of appointment or the provisions of staff regulations."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; contract; enforcement; iloat statute; staff regulations and rules;
Considerations
Extract:
The complainant was seconded by NORAD to GATT, an organisation which has recognised the competence of the Tribunal. He did not conclude a contract of appointment with GATT and was not subject to its Staff Regulations. His contract merely stated that he was subject to the latter organisation's working conditions.
Keywords:
competence of tribunal; consequence; contract; locus standi; non official; right of appeal; secondment; staff regulations and rules; status of complainant;
Judgment 225
32nd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
Under the material provision, a staff member may with the consent of the Director-General waive the jurisdiction of the internal body and appeal directly to the Administrative Tribunal. "[T]he Director-General's authorization of such waiver is a derogation from the normal procedure prescribed by the Staff Regulations and can properly be allowed only in exceptional cases which the Director-General himself shall determine. The Administrative Tribunal is not competent to waive the requirement that the complainant should first appeal to [the internal body]."
Keywords:
acceptance; competence of tribunal; direct appeal to tribunal; discretion; exception; executive head; internal remedies exhausted; receivability of the complaint;
Judgment 221
31st Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"In the course of proceedings that lead to a final decision various claims and arguments may be put forward and resisted; except insofar as they form part of the final decision the Tribunal has no power to adjudicate upon them."
Keywords:
claim; competence of tribunal; decision; elements; receivability of the complaint;
Consideration 7
Extract:
"The complainant does not allege that an obligation to pay the fees and expenses incident to an appeal is one of the terms of his appointment or the subject of any provision in the Staff Regulations [which contain no] general or implied obligation to pay costs. For this reason, the Tribunal is not competent to order the relief requested."
Keywords:
competence of tribunal; counsel; internal appeal; internal appeals body; organisation's duties; refund;
Consideration 6
Extract:
"A decision impugned is the foundation of the Tribunal's competence under its Statute; and if none is impugned, it has no competence."
Keywords:
cause of action; competence of tribunal; decision; iloat statute; no cause of action; receivability of the complaint;
Judgment 219
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 216, consideration 1.
Reference(s)
ILOAT Judgment(s): 216
Keywords:
competence; competence of tribunal; internal appeals body; tribunal;
Judgment 216
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The internal procedure and the procedure before the Administrative Tribunal are connected, the former being a necessary prelude to the latter. Subject to any provisions to the contrary in its own Statute, therefore, the Administrative Tribunal is competent to hear any cases which are referable to the internal appeals body."
Keywords:
competence; competence of tribunal; internal appeals body; tribunal;
Judgment 215
31st Session, 1973
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"There is not, nor is there alleged to be, any term of the complainant's appointment nor any provision in any Staff Regulation which requires the organization either to grant or to extend secondments to another international organization. Accordingly, the Tribunal is not competent to examine this complaint or to consider whether or not the reason given by the organization for its refusal was well-founded."
Keywords:
competence of tribunal; extension of contract; no provision; non-renewal of contract; secondment; terms of appointment;
Judgment 209
30th Session, 1973
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The decisions taken by the executive authorities of the organisation in application of the resolution of its legislative body were explicitly approved by the latter and may not now be contested in law.
Keywords:
competence of tribunal; decision; enforcement; executive body; international instrument;
Considerations
Extract:
"The Administrative Tribunal is not competent to rule on the legality of a resolution adopted by [...] the legislative organ of the [organisation]."
Keywords:
competence of tribunal; international instrument;
Summary
Extract:
The complainant contends that the payment of his salary in United States dollars and not in Swiss francs was in violation of his terms of appointment. He has no such acquired right. Besides, he had accepted payment in United States dollars for twelve years without protest. The decisions taken by the authorities concerning these payments are not open to discussion in view of a settlement. The Secretary-General was in no way required to reverse those decisions following the devaluation of the dollar and the Tribunal will not interfere with them.
Keywords:
acquired right; amendment to the rules; competence of tribunal; currency of payment; exchange rate; salary; terms of appointment;
Judgment 206
30th Session, 1973
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Vide Judgment 205.
Reference(s)
ILOAT reference: ARTICLE 8, PARAGRAPH 3, OF THE RULES
ILOAT Judgment(s): 205
Keywords:
competence of tribunal; receivability of the complaint; summary procedure;
Judgment 205
30th Session, 1973
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The actions referred to the Tribunal [...] do not relate to the observance either of the terms of his own contract of employment or of the Staff Regulations or Staff Rules. His complaint is thus clearly irreceivable by the Tribunal and must therefore be dismissed [under paragraph 3 of Article 8 of the Rules of Court of the Administrative Tribunal]."
Reference(s)
ILOAT reference: ARTICLE 8. PARAGRAPH 3, OF THE RULES
Keywords:
competence of tribunal; receivability of the complaint; summary procedure;
Judgment 187
28th Session, 1972
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The complaint under consideration, which is expressly directed against the decision of the Labour Court of the city of Vienna [...] is lodged with a tribunal which is not competent to hear it because it does not impugn a decision of the Director-General." [The Austrian Court had declared its incompetence; the case concerned matters relating to pension rights].
Keywords:
competence of tribunal; judgment of the tribunal; municipal court;
Judgment 173
26th Session, 1971
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The present complaint concerns the rate of disability pension payable under the regulations of the [organization's] staff insurance scheme [...] issued on the basis of the [...] staff regulations and rules and [...] regarded as forming part of them. The Tribunal is therefore competent to hear the complainant's claims. It is immaterial that [the regulations of the scheme] make no express provision for appeals to the Tribunal. Whatever the material legal texts in the light of which the complaint should be examined, the Tribunal's competence derives from its own statute."
Reference(s)
ILOAT Judgment(s): 141
Keywords:
competence of tribunal; disability benefit; enforcement; health insurance; insurance; provision; staff regulations and rules;
Judgment 171
25th Session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complaint, filed by a former official of IAEA and FAO, is directed against the ILO, an organisation in which he has never served. "Such a complaint is not one which the Administrative Tribunal is competent to hear under the provisions of article ii of its sSatute."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
competence of tribunal; locus standi; non official; receivability of the complaint; status of complainant;
Judgment 158
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
In asking the Tribunal to endorse the recommendations of the Appeals Committee, "the complainant has misunderstood the respective role of these two bodies. The Board of Inquiry and Appeal, as an advisory body, may take into account considerations of expediency, whereas the Tribunal, as a judicial organ, must confine itself to considering whether the decision impugned is in conformity with the applicable rules."
Keywords:
advisory body; competence; competence of tribunal; complainant; difference; enforcement; internal appeals body; recommendation; request by a party; tribunal;
Judgment 155
24th Session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[I]t does not fall to the Administrative Tribunal to order any alteration of a report made on an official of the organization by the competent authorities or the withdrawal from the dossier of any part of such report."
Keywords:
application for quashing; competence of tribunal; judicial review; performance report; personal file; rating; work appraisal;
Judgment 148
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant suffers from total incapacity for work. He asks the Tribunal to recommend to the Joint Staff Pension Fund to pay him a permanent pension. "The Tribunal is not competent to deal with the above claim, since the United Nations Administrative Tribunal is the competent body to hear disputes relating to benefits payable by the United Nations Joint Staff Pension Fund."
Keywords:
competence of tribunal; complainant; disability benefit; remand; request by a party; unat; unjspf;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 | next >
|
