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 2844
107th Session, 2009
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Although the complainant has at all stages requested the reclassification of her post to grade P.2, the Tribunal can do no more than order a desk audit on the terms decided by the Director-General. In this respect, consistent precedent has it that classification exercises are to be conducted by the appropriate body and not by the Tribunal (see Judgments 2151, under 9, and 2807, under 5)."
Reference(s)
ILOAT Judgment(s): 2151, 2807
Keywords:
advisory body; competence of tribunal; limits; post classification;
Judgment 2832
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant seeks to have his retirement pension recalculated on a different basis.
"[T]he Tribunal finds that it has no jurisdiction in any event to award him such redress."
Keywords:
claim; competence of tribunal; pension; reckoning; refusal;
Judgment 2822
107th Session, 2009
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
In 2006 Eurocontrol approved a revision of the conditions of employment which redefined the functions and grades of Flight Data Operators. The complainant seeks, inter alia, renegotiated employment conditions and the award of temporary B4 grades to all Flight Data Operators.
"[The] Tribunal cannot entertain the complainant's claim that all Flight Data Operators should be granted B4 grades [...]. [The] complainant alleges no breach of his employment conditions or of the applicable Staff Rules or Regulations. And as pointed out in Judgment 1852, 'a complainant cannot attack a rule of general application unless and until it is applied in a manner prejudicial to him'."
Reference(s)
ILOAT Judgment(s): 1852
Keywords:
cause of action; competence of tribunal; general decision; individual decision; lack of injury; receivability of the complaint;
Judgment 2811
106th Session, 2009
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"Some of [the complainant's] requests clearly lie outside the Tribunal's jurisdiction. This is true, for example, of the requests that the Tribunal order the imposition of disciplinary measures on staff members of the Organization, that the complainant be sent a public letter of apology [...] or that a management audit of her department be conducted by independent experts. This is also true of the request that the Tribunal order the Organization to take steps to ensure that the complainant's immediate supervisor will no longer supervise her."
Reference(s)
ILOAT Judgment(s): 968, 1591, 2605
Keywords:
claim; competence of tribunal; disciplinary measure; receivability of the complaint; request to subject someone to disciplinary proceedings; supervisor;
Judgment 2798
106th Session, 2009
International Organisation of Vine and Wine
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Director General of the OIV was notified in April 2006 that the ILO Governing Body had approved the OIV recognition of the Tribunal's jurisdiction. The complainant's counsel was so informed on 20 November 2006. The Organisation received on 3 August 2007 the complainant's request for re-examination of her dismissal. On 18 december 2007 the complainant filed a complaint with the Tribunal in which she impugned the implied rejection of her request for re-examination.
"It is true that the recognition of the Tribunal's jurisdiction [...] was brought to the complainant's attention on 20 November 2006 at the latest. Given this fact and the particular circumstances of this case, the principle of good faith makes it necessary to choose this date alone, that is to say the date on which the complainant possessed all the information enabling her to defend her interests, as the starting point of the period within which a complaint could be filed with the Tribunal. The request for re-examination received by the Organisation on 3 August 2007 could not, however, have the effect of reopening the time limit for filing a complaint. The Tribunal is therefore of the view that the complainant, who under Article VII, paragraph 2, of the Statute of the Tribunal had ninety days as from 20 November 2006 to file her complaint, but who did not do so until 18 December 2007, was at all events time-barred."
Reference(s)
ILOAT reference: Article VII, paragraph 2, of the Statute
Keywords:
competence of tribunal; declaration of recognition; duty to inform; good faith; internal appeal; receivability of the complaint; time limit;
Judgment 2796
106th Session, 2009
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant asks that the defendant provide him with a positive work reference and that information concerning the issues raised in his complaint be given to some delegates.
"None of these matters was the subject of his internal appeals. Accordingly, those claims are irreceivable (see Judgments 899, 1263, 1443 and 2213). Further and save in exceptional cases where an international organisation has a continuing duty to undo damage caused by its own communications to a third party, as in Judgment 2720, the Tribunal is not competent to issue orders of the kind sought (see Judgments 126, 1591 and 2058)."
Reference(s)
ILOAT Judgment(s): 126, 899, 1263, 1443, 1591, 2058, 2213, 2720
Keywords:
claim; communication to third party; compensation; competence of tribunal; exception; injury; internal appeal; internal remedies exhausted; new claim; organisation's duties; receivability of the complaint;
Judgment 2793
106th Session, 2009
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
Apart from his claim for the quashing of the impugned decision, which must therefore be dismissed, the complainant asks the Tribunal to order the amendment of sub-paragraph d) of Annex C to the Rules of the Pension Fund. Quite apart from the fact that this claim is equally unfounded, it is at all events irreceivable because the Tribunal has no jurisdiction to make such orders (see for example Judgments 1963 and 2244).
Reference(s)
ILOAT Judgment(s): 1963, 2244
Keywords:
competence of tribunal; relief claimed;
Judgment 2783
106th Session, 2009
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-14
Extract:
The complainant, who parks his car in the Vienna International Centre (VIC), is challenging the decision to double the monthly parking fee effective 1 January 2007.
"In the present case, the impugned decision affects the complainant not as a staff member of the Agency but in his capacity as a user of the VIC garage. Moreover, the financial conditions governing the use of this garage, which is merely a facility offered to the staff of the various international organisations occupying the VIC, do not form part of the complainant's terms of appointment or of the Agency's Staff Regulations.
'While the payment of the fee for the use of the garage does in fact take the form of a direct deduction from the Agency's staff members' salaries, this is simply a means of payment adopted for convenience sake, which does not in any way alter the nature of the fee and does not, in particular, have the effect of incorporating it into the complainant's terms of employment. In this respect, the deduction is comparable to those which an employer may effect from an employee's wages for the purpose of paying, for example, a tax or contribution that is levied at source; here too, the fact that the tax or contribution is so deducted does not afford grounds for considering it to be part of the employee's terms of employment.
This dispute does not therefore fall within the scope of the [...] provisions of Article II, paragraph 5, of the Statute of the Tribunal."
Reference(s)
ILOAT reference: Article II, paragraph 5, of the Statute
Keywords:
amendment to the rules; amount; competence of tribunal; condition; contract; deduction; effect; facilities; iloat statute; increase; official; payment; provision; salary; staff regulations and rules; status of complainant; tax; terms of appointment;
Judgment 2762
105th Session, 2008
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 26-27
Extract:
The complainant challenges the EPO's decision to recruit the spouse of the former President of the Office. "The Organisation is correct in stating that the Service Regulations do not preclude the recruitment of the spouses of staff members. Nor does there appear to be any regulatory bar to the recruitment of the spouses, friends, or close associates of the highest ranking officials in the Organisation. Whether this type of recruitment ought to be permitted is not for the Tribunal to decide but is a question of policy for each organisation to answer.
However, where an organisation permits such recruitment, then it is imperative that special procedures be put in place to ensure the integrity and transparency of the selection process. Where such procedures have not been put in place, the presumptions of regularity and bona fides will not apply. In the absence of the operation of these presumptions, it will take very little to establish improper motive or bad faith."
Keywords:
appointment; competence of tribunal; competition; executive head; family relationship; good faith; motivation; presumption; procedure before the tribunal; selection procedure;
Consideration 31
Extract:
The complainant challenges the EPO's decision to recruit the spouse of the former President of the Office. He seeks, inter alia, a public apology. "[T]his claim for relief will be dismissed [...] because it is beyond the Tribunal's power to make such order."
Keywords:
apology; competence of tribunal;
Judgment 2751
105th Session, 2008
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant represented three colleagues whose complaints to the Tribunal led to Judgment 2514. In its replies the Organisation had made defamatory statements on the complainant. "[T]he EPO [...] contends that the complaint is irreceivable to the extent of the claim for retraction of the defamatory statements. In this regard, it relies on Judgment 1635 where the Tribunal explained that it was not competent to order a written apology, as requested in that case. In Judgment 2720, also delivered this day, the Tribunal recognised, under 17, that publication of statements defamatory of a staff member by an international organisation gives rise to a continuous obligation to take steps to remedy, as far as possible, the harm done to the staff member's reputation. Moreover, the Tribunal held in that case that it could order performance of that obligation pursuant to Article VIII of its Statute. Accordingly, it is not correct to say that it is beyond the competence of the Tribunal to order the retraction of a defamatory statement."
Reference(s)
ILOAT reference: Article VIII of the Statute
ILOAT Judgment(s): 1635, 2514, 2720
Keywords:
apology; competence of tribunal; defamation; iloat statute; moral injury; order; receivability of the complaint; respect for dignity; staff representative;
Judgment 2742
105th Session, 2008
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 44
Extract:
"The Tribunal issues binding orders, not recommendations as sought by the complainant. Additionally, the Tribunal has no power to order a party to apologise."
Keywords:
claim; competence of tribunal; receivability of the complaint; recommendation; vested competence;
Judgment 2720
105th Session, 2008
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant alleges that the ITU, in its letter to the journalist, made "scandalous" attacks on the Tribunal. "The Tribunal will not respond to the arguments presented in the complaint regarding prejudice that it allegedly suffered itself as a result of the circulation of the disputed message. The issue raised in this regard, which has no direct bearing on the dispute between the complainant and the ITU regarding compliance with obligations arising from their contractual relationship, falls outside the Tribunal's jurisdiction, as restrictively defined in Article II of its Statute. Furthermore, the Tribunal could not rule on such arguments without breaching its duty of impartiality."
Reference(s)
ILOAT reference: Article II of the Statute
Keywords:
competence of tribunal; iloat statute; injury; lack of injury; organisation's duties; staff member's duties; vested competence;
Judgment 2669
104th Session, 2008
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Director-General's authority to extend a staff member's service beyond the retirement age is found in Staff Regulation 301.9.5. "This provision makes it clear that a decision to grant an extension of a staff member's contract is within the discretionary authority of the Director-General. It is well established in the case law that the Tribunal will only intervene in these circumstances if it can be shown that the executive head of the organisation acted without authority, breached a rule of form or procedure, or that the decision was based on a mistake of fact or law, or overlooked an essential fact, or that clearly mistaken conclusions were drawn from the facts."
Reference(s)
Organization rules reference: FAO Staff Regulation 301.9.5
Keywords:
age limit; case law; competence of tribunal; contract; decision; discretion; disregard of essential fact; executive head; extension beyond retirement age; flaw; mistake of fact; mistaken conclusion; procedural flaw; refusal; retirement;
Judgment 2657
103rd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant contests the decision not to appoint him to a post as examiner at the European Patent Office on the grounds that he did not meet the physical requirements for the post but the Tribunal considers that persons who have applied for a post in an international organisation and who have not been recruited are barred from access to the Tribunal. The complainant asks that the Organisation be ordered to waive its immunity to enable him to bring proceedings before a German court. "[T]he Tribunal [recalls that it] has no authority to order the EPO to waive its immunity (see Judgment 933, under 6). It notes, however, that the present judgment creates a legal vacuum and considers it highly desirable that the Organisation should seek a solution affording the complainant access to a court, either by waiving its immunity or by submitting the dispute to arbitration."
Reference(s)
ILOAT Judgment(s): 933
Keywords:
appointment; arbitration; candidate; claim; competence of tribunal; condition; grounds; handicapped person; judgment of the tribunal; medical examination; medical fitness; municipal court; open competition; organisation; post; refusal; safeguard; waiver of immunity;
Consideration 5
Extract:
The complainant contests the decision not to appoint him to a post as examiner at the European Patent Office on the grounds that he did not meet the physical requirements for the post. The Organisation submits that the Tribunal is not competent to hear complaints from external applicants for a post in an organisation that has recognised its jurisdiction. "However regrettable a decision declining jurisdiction may be, in that the complainant is liable to feel that he is the victim of a denial of justice, the Tribunal has no option but to confirm the well-established case law according to which it is a court of limited jurisdiction and 'bound to apply the mandatory provisions governing its competence', as stated in Judgment 67, delivered on 26 October 1962. [...]
It [can be inferred from Article II of the Statute of the Tribunal] that persons who are applicants for a post in an international organisation but who have not been recruited are barred from access to the Tribunal. It is only in a case where, even in the absence of a contract signed by the parties, the commitments made by the two sides are equivalent to a contract that the Tribunal can decide to retain jurisdiction (see for example Judgment 339). According to Judgment 621, there must be 'an unquestioned and unqualified concordance of will on all terms of the relationship'. That is not the case, however, in the present circumstances: while proposals regarding an appointment were unquestionably made to the complainant, the defendant was not bound by them until it had established that the conditions governing appointments laid down in the regulations were met."
Reference(s)
ILOAT reference: Article II of the Statute
ILOAT Judgment(s): 67, 339, 621
Keywords:
appointment; candidate; case law; competence of tribunal; complaint; condition; consequence; contract; declaration of recognition; definition; exception; external candidate; formal requirements; grounds; handicapped person; iloat statute; intention of parties; interpretation; medical examination; medical fitness; open competition; organisation; post; proposal; provision; refusal; terms of appointment; vested competence; written rule;
Judgment 2649
103rd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Acting in his capacity as Chairman of the Staff Committee of the EPO's sub-office in Vienna, the complainant submitted a request to the President of the Office that the "staff salary scales mentioned in the annex to Part 2 of the Codex" be forwarded to all agencies supplying temporary personnel to the Office. The President refused to grant the request submitted to him, denying that temporary workers were entitled to remuneration equal to that of EPO staff and underlining that neither the Service Regulations nor the conditions of employment for contract staff applied to temporary workers. The EPO submits that the complainant does not have locus standi to represent temporary workers supplied to the Office. "It is well settled that members of the Staff Committee may rely on their position as such to ensure observance of the Service Regulations (see Judgments 1147 and 1897); but in order for a complaint submitted to the Tribunal on behalf of a Staff Committee to be receivable, it must allege a breach of guarantees which the Organisation is legally bound to provide to staff who are connected with the Office by an employment contract or who have permanent employee status, this being a sine qua non for the Tribunal's jurisdiction. In the absence of such a connection resting on a contract or deriving from status, the claim that the Office should forward its salary scales to agencies supplying temporary personnel - whose conditions of employment and remuneration are in any event beyond the jurisdiction of the Tribunal - cannot be entertained."
Reference(s)
ILOAT Judgment(s): 1147, 1897
Keywords:
breach; claim; communication to third party; competence of tribunal; complaint; condition; contract; enforcement; equal treatment; executive head; external collaborator; locus standi; no provision; official; organisation's duties; provision; receivability of the complaint; refusal; request by a party; right; safeguard; salary; scale; staff regulations and rules; staff representative; staff union; terms of appointment; vested competence;
Judgment 2636
103rd Session, 2007
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"The terms of Article II of the Statute of the Tribunal [...] dictate that various [...] claims for relief are not receivable. The claim that the Tribunal make appropriate orders to enable investigation of the complainant's allegations by the Swiss authorities falls into this category. The complainant's rights are those that derive from the terms of his appointment, the applicable Staff Regulations and those general legal principles recognised by the Tribunal as applicable to all international civil servants. None of these confer any right on the complainant to rely on Swiss law in his claims against WIPO and, consequently, there is no power in the Tribunal to make any order in that regard."
Reference(s)
ILOAT reference: Article II of the Statute
Keywords:
applicable law; claim; competence of tribunal; contract; domestic law; general principle; iloat statute; inquiry; investigation; official; provision; receivability of the complaint; right; staff regulations and rules; written rule;
Consideration 15
Extract:
The complainant, a former President of the Staff Council, asks the Tribunal to declare null and void the extraordinary general assembly session and the ensuing Staff Council election. "Article II of the Tribunal's Statute [...] requires that the complainant's claim for annulment of the election of the new Staff Council be dismissed. So too must his claim that a new election be conducted without delay by a neutral body (see Judgment 78). Such rights as the complainant has in relation to the affairs of the Staff Association and the Staff Council derive from the Statutes of the Staff Association. They do not concern the terms of his appointment, the applicable Staff Regulations or those general principles of law applicable to international civil servants."
Reference(s)
ILOAT reference: Article II of the Statute
ILOAT Judgment(s): 78
Keywords:
competence of tribunal; election; iloat statute; staff union;
Consideration 16
Extract:
"By Article VIII of its Statute the Tribunal is empowered to rescind impugned decisions, to order the performance of obligations and to award compensation. It is not empowered to order apologies. Nor is it empowered to require undertakings as to performance of obligations in the future, as claimed by the complainant."
Reference(s)
ILOAT reference: Article VIII of the Statute
Keywords:
allowance; apology; claim; competence of tribunal; decision quashed; iloat statute; organisation; organisation's duties; payment;
Judgment 2626
103rd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5(c)
Extract:
"Generally speaking, serving or retired staff members who turn to an internal appeal body are entitled to have their case heard within a reasonable period of time without having to endure excessive and unjustified delays resulting from the malfunctioning of that body, or from the inadequate resources at its disposal. This duty to take prompt action is reinforced where the dispute is such that it must be resolved rapidly if resolution is to serve any purpose. [...] Contrary to the defendant's view, the complainant therefore had good reason to consider that the lack of a decision within a reasonable time amounted to an implied decision of rejection which he was entitled to challenge before the Tribunal (see Judgments 499 and 791, under 2)."
Reference(s)
ILOAT Judgment(s): 499, 791
Keywords:
absence of final decision; administrative delay; competence of tribunal; complaint; direct appeal to tribunal; failure to answer claim; implied decision; injury; internal appeal; internal appeals body; official; organisation's duties; reasonable time; retirement; right;
Judgment 2623
103rd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[T]he Tribunal has no authority to issue interim injunctions against organisations that have accepted its jurisdiction."
Keywords:
competence of tribunal; declaration of recognition; iloat statute; judicial review; organisation; vested competence;
Judgment 2594
102nd Session, 2007
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"It is beyond the competence of the Tribunal to make recommendations to an organisation regarding the implementation of specific procedures on workplace harassment and to order an organisation to make an apology."
Keywords:
claim; competence of tribunal; harassment; organisation's duties; procedure before the tribunal; respect for dignity; tribunal;
Judgment 2582
102nd Session, 2007
International Olive Oil Council
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The IOOC recognised the Tribunal's competence by a letter of 19 September 2003 addressed to the Director-General of the International Labour Office (ILO). "Although the complainant's appointment with the IOOC ended prior to that recognition, which was approved by the ILO's Governing Body at its 288th Session in November 2003, the Tribunal considers that it may properly hear the present case brought by a former official of the IOOC who, subsequently to that recognition, has alleged a breach of statutory provisions."
Keywords:
breach; competence of tribunal; complaint; date; declaration of recognition; executive body; executive head; provision; separation from service; staff regulations and rules;
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