Written rule (215, 230, 227, 228, 231,-666)
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Keywords: Written rule
Total judgments found: 101
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Judgment 1502
81st Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The Organization's "own interests and sound management demand strict compliance with time limits, and non-compliance means forfeiting a right or the exercise thereof: see Judgment 1446 [...] under 3, the further judgments cited therein and Judgment 1485 [...]. A time limit is not to be waived just because claims are seldom late or because the consequences of refusing waiver would be too harsh."
Reference(s)
ILOAT Judgment(s): 1466, 1485
Keywords:
case law; delay; exception; interpretation; staff regulations and rules; time bar; time limit; written rule;
Consideration 6
Extract:
"Time limits must be construed in good faith. If an organisation wants to put procedural restrictions on one of the staff member's rights or on the exercise thereof it must draft clearly enough to avoid setting traps."
Reference(s)
ILOAT Judgment(s): 1376
Keywords:
case law; delay; good faith; interpretation; time bar; time limit; written rule;
Consideration 9
Extract:
"The time limit must start at the date at which payment becomes due. If that were not so, the lapse of time would work to the claimant's detriment for as long as the rules precluded his making the claim. To make the would-be claimant wait, for any reason, before making the claim bars repayment. So the staff have grounds for supposing that they are not free [under Staff Regulation R VIII 1.01] to make claims until they can group." That being a reasonable construction, "for CERN to impose a narrower one would be an abuse of authority."
Reference(s)
Organization rules reference: CERN STAFF REGULATION R VIII 1.01
Keywords:
good faith; interpretation; no provision; staff member's interest; staff regulations and rules; time bar; time limit; written rule;
Judgment 1456
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The Tribunal will disregard documents produced by the parties on the preparatory work for the material rules. They are fragmentary and the scant information they contain is unlikely to prove helpful. "In construing the rules the Tribunal is bound to take an objective view and pay heed, in line with the method approved in international law, to their wording, context, purport and purpose."
Keywords:
admissibility of evidence; evidence; interpretation; interpretation of rules; purpose; submissions; written rule;
Judgment 1450
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"The decision is authoritative in the three official versions - English, French and German [...]. The EPO says that the German was the original in the preparatory work. But neither that nor the drafting of the complainants' contracts in German confers any greater authority on that version. In law there is but one decision, and the interpretation of it, which must be objective, must match its terms and purpose."
Keywords:
authentic version; decision; interpretation; language of rule; purpose; written rule;
Judgment 1424
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
In the absence of implementing provisions, "what is required is a reasonable construction of the rule that heeds the rightful interests of staff and organisation alike."
Keywords:
criteria; enforcement; interpretation; organisation's interest; staff member's interest; staff regulations and rules; written rule;
Judgment 1390
78th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
The organisation argues that the International Court of Justice in an opinion it delivered on 23 October 1956 "recognised that the internal practices of international organisations may have force of law (Digest 1956, p. 18). But those practices must be lawful and must not offend, as they do in the present case, against the internal law of an organisation or the principles of due administrative process."
Keywords:
advisory opinion of icj; case law; competition cancelled; due process; icj; practice; staff regulations and rules; written rule;
Judgment 1382
78th Session, 1995
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-6
Extract:
The complainant was a locally recruited official in the general service category whose appointment was terminated after the paho abolished his post. He submits that the Organization ruled out the possibility of reassignment by limiting the geographical scope of a competition. The plea fails. WHO Manual paragraph II.9.290 confers no right on general service staff to reassignment on a post outside their duty station. Staff Rule 510.1 precludes reassignment of such staff outside their duty station unless there is mutual agreement and under Rule 1310.2 all posts in the general service category are subject to local recruitment.
Reference(s)
Organization rules reference: WHO MANUAL PARAGRAPH II.9.290; PAHO STAFF RULE 510.1; PAHO STAFF RULE 1310.2
Keywords:
appointment; duty station; general service category; interpretation; local status; reassignment; right; staff regulations and rules; written rule;
Judgment 1369
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"The Tribunal must enforce the law within the full ambit of the competence its Statute vests in it. For that purpose it will apply any material rule of law, be it international or administrative or labour law or any other body of law. The only sort it will not apply is national law, save where there is express renvoi thereto in the Staff Regulations or contract of employment: see Judgment 1311 [...], under 15."
Reference(s)
ILOAT Judgment(s): 1311
Keywords:
applicable law; case law; competence of tribunal; contract; domestic law; exception; iloat statute; insurance benefits; international civil service principles; international instrument; law of contract; right; staff regulations and rules; written rule;
Consideration 16
Extract:
Eurocontrol questions whether a complainant may rely on a collective agreement between an organisation and its staff. "It is a truth universally acknowledged that the collective agreement is a basic vehicle of social progress, justice and peace. That that is so is due to the International Labour Organization, among others, and to its international instruments such as the right to organise and collective bargaining convention, 1949 (No. 98), and the labour relations (public service) convention, 1978 (No. 151)."
Reference(s)
ILOAT Judgment(s): 1311
Keywords:
applicable law; collective agreement; collective bargaining; collective rights; competence of tribunal; staff union agreement; working conditions; written rule;
Consideration 16
Extract:
An international organisation is "free to choose whatever methods or means it likes - be they formal rules or contracts of employment - to define the terms of appointment of staff. But any collective agreement it does conclude becomes part of the law of the international civil service. Signing such an agreement puts it under obligations in law; a member of its staff may plead such obligations in a complaint to the Tribunal; and the Tribunal will review compliance with the letter and spirit of the agreement."
Keywords:
collective agreement; collective rights; international civil service principles; judicial review; organisation's duties; organisation's interest; right; right of appeal; staff union agreement; working conditions; written rule;
Judgment 1355
77th Session, 1994
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"There is no rule or principle of law that requires the Director-General to state in so many words just why he has turned someone down for promotion or appointment. What matters is that, if the official asks, the reasons must be revealed. Otherwise the Tribunal may not exercise its power of review and determine whether the reasons are lawful and the decision sound."
Keywords:
appointment; candidate; decision; duty to substantiate decision; general principle; grounds; judicial review; no provision; official; organisation's duties; post; promotion; refusal; request by a party; subsidiary; written rule;
Judgment 1299
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4 and 7
Extract:
The Tribunal holds that the wording of UNESCO Staff Rule 105.4(a) "is not clear enough to allow of a ruling and that comparison between the English and French versions fails to resolve the issue. [...] The obscurity of the text prompts reference both to the 'preparatory work' on the rule and to the organization's practice in applying it."
Reference(s)
Organization rules reference: UNESCO STAFF RULE 105.4(A)
Keywords:
enforcement; interpretation; language of rule; practice; staff regulations and rules; written rule;
Judgment 1297
75th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
See Judgment 1296, consideration 7.
Reference(s)
Organization rules reference: ARTICLE 67(2) OF THE EPO SERVICE REGULATIONS
Keywords:
case law; european court of justice (ecj); interpretation; law of european communities; purport; staff regulations and rules; written rule;
Judgment 1296
75th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The Tribunal is not bound by the rulings of the Court of Justice of the European Communities, but inasmuch as Article 67(2) is derived from the article bearing the same number in the Staff Regulations of the Communities, the Court's decisions do carry persuasive authority."
Reference(s)
Organization rules reference: ARTICLE 67(2) OF THE EPO SERVICE REGULATIONS
Keywords:
case law; european court of justice (ecj); interpretation; law of european communities; purport; staff regulations and rules; written rule;
Judgment 1266
75th Session, 1993
International Union for the Protection of New Varieties of Plants
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
Vide Judgment 1265, consideration 24.
Keywords:
adjustment; competence of tribunal; coordinated organisations; declaration of recognition; general service category; icsc decision; local status; official; organisation's duties; reckoning; right of appeal; salary; scale; written rule;
Judgment 1265
75th Session, 1993
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "Insofar as such standards are found to be flawed they may not be imposed on the staff and WIPO must if need be replace them with provisions that comply with the law of the international civil service. That is an essential feature of the principles governing the international legal system the Tribunal is called upon to safeguard. It is therefore plain that the complainants' rights to judicial process are safeguarded by the defendant organization's recognition of the Tribunal's jurisdiction. Such jurisdiction may not be restricted by the introduction into the organization's Staff Regulations or Rules adopted by bodies outside the Tribunal's competence."
Keywords:
adjustment; competence of tribunal; coordinated organisations; declaration of recognition; general service category; icsc decision; international civil service principles; judicial review; local status; official; organisation's duties; reckoning; right of appeal; salary; scale; staff member's interest; written rule;
Judgment 1245
74th Session, 1993
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"The Tribunal is not competent to interpret the [United Nations Joint Staff Pension] Fund Regulations. It is for the Fund, and ultimately the United Nations Administrative Tribunal on Appeal, to determine whether the complainant is entitled to participate in the Fund under those regulations and, if so, as from what date."
Keywords:
competence of tribunal; interpretation; unat; unjspf; written rule;
Judgment 1241
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
The complainants object to the way of reckoning their premiums "the change the complainants object to is part of wider reforms the WHO made to put the scheme on a sounder financial footing over the long term. The Organization is right to pursue that aim by all suitable means at its disposal, and they include measures to ensure that, in keeping with the notion of mutual aid, everyone bears a fair share of costs."
Keywords:
amendment to the rules; budgetary reasons; contributions; illness; insurance; scale; social solidarity; written rule;
Consideration 24
Extract:
The complainants object to the way of reckoning their premiums under the organization's health insurance scheme in accordance with an amendment to its rules. They allege breach of acquired rights. "The organization has not discriminated against them: far from it. Its purpose was to remove an unfair advantage the rules used to confer on them. Such corrective action may not be treated as breach of acquired rights even if the advantage was enjoyed for a long time."
Keywords:
acquired right; amendment to the rules; budgetary reasons; contributions; equal treatment; health insurance; illness; insurance; social solidarity; written rule;
Judgment 1235
74th Session, 1993
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant took part in a competition as an internal candidate and his name was first on the short list drawn up by the Appointment and Promotion Committee. He is challenging the Director-General's decision to appoint an external candidate to the post he applied for. The decision rested on considerations of geographical distribution and UPU Staff Regulation 4.1. The Union pleads that when three posts as head of section fall vacant at the same time at least one successful candidate must be an outside one so as not to impede "the recruitment of fresh talent" that Regulation 4.3 requires. "But that is not at all what 4.3 says. equitable geographical distribution is a criterion that plainly is to apply only to recruitment, not to promotion, and there is no requirement in the Staff rRgulations or Rules that the Director-General recruit 'fresh talent' just because three posts as head of section have to be filled at the same time. The Director-General was obviously wrong in putting that construction on the rule."
Reference(s)
Organization rules reference: UPU STAFF REGULATION 4.3
Keywords:
appointment; candidate; competition; geographical distribution; internal candidate; interpretation; staff regulations and rules; written rule;
Judgment 1222
74th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The primary rule of interpretation is that words are to be given their obvious and ordinary meaning".
Keywords:
interpretation; written rule;
Judgment 1025
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The executive head must conform to the rules he has issued because they are binding in law, and any breach of them will be a fatal flaw in his decision." The rules at issue concern the grant of promotion.
Keywords:
enforcement; judicial review; patere legem; promotion; written rule;
Judgment 936
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"The conclusion is that the Council's approval of the new scales is null and void for two reasons: because no reasons for it are stated, and because it takes into account a factor, the Dutch levy, that the rules in force in the organisation do not provide for."
Keywords:
amendment to the rules; breach; decision; deduction; duty to substantiate decision; executive body; grounds; provision; reduction of salary; salary; scale; staff regulations and rules; written rule;
Judgment 862
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Suspension is temporary repeal: while in force it makes the text void. What distinguishes it from repeal is that it is not final, its purpose being to provide against some temporary contingency, and it need only be lifted for the text to come into force again. But repeal is final and once a text has been repealed the law-maker has to adopt a new one to bring the provisions back into effect."
Keywords:
binding character; difference; effect; enforcement; period; provision; provisional measures; staff regulations and rules; suspensive action; written rule;
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