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General Assembly Resolution (220,-666)

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Keywords: General Assembly Resolution
Total judgments found: 11

  • Judgment 4138


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 40

    Extract:

    The ICSC did not have power to decide, itself, the amounts of post adjustments with the ultimate consequence that the salaries of Geneva-based Professional category and above be reduced. The ICSC could only make recommendations and not decide on amounts. That was the preserve of the General Assembly.

    Keywords:

    general assembly resolution; icsc decision; icsc statute; practice;



  • Judgment 4134


    128th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 38

    Extract:

    The ILO contends that there is an established practice accepted by the General Assembly involving the ICSC determining, by decision, PAMs and thus their effect on salaries. It contends that practice impacts, as a matter of law, on the scope of the powers of the ICSC. It refers to instances where practice is, so it contends, as a matter of international law, accepted and recognised. However, even if this were so, it would be a large step for this Tribunal to conclude that the Statute of a body such as the ICSC did not define and delimit its powers. The ILO has accepted the authority of the ICSC but necessarily on the basis of its role, as established by its Statute. The Statute recognises, in Article 1, an organization’s participation in the United Nations common system is based on its acceptance of the Statute in the manner referred to earlier. The contention of the ILO would involve the adoption of a principle by this Tribunal that the conduct of the ICSC together with its acceptance by the General Assembly, even if agreed to or accepted without objection by some or all organizations participating in the United Nations common system, could or even would result in an alteration of the powers of the ICSC irrespective of how they might be defined or constrained by its Statute.

    Keywords:

    general assembly resolution; icsc statute; practice;



  • Judgment 1436


    79th Session, 1995
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "However regrettable it may be that there are too few women in senior posts at the ITU - and for that matter in most international organisations - the Tribunal is satisfied that the complainant was not discriminated against. There was no breach of the General Assembly Resolution of 23 December 1992 [on women's contributions to the work of international organisations]: the Secretary-General could not have used his authority to get her name put on the short list."

    Keywords:

    applicable law; equal treatment; general assembly resolution; international civil service principles; promotion board; selection board; sex discrimination;



  • Judgment 1239


    74th Session, 1993
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    WIPO has repealed former Staff Regulation 3.1, which ensured that officials, in case of fluctuation in the exchange rate between the United States dollar and the Swiss franc, would get paid a "differential" to compensate for loss in the value of the dollar. "On the whole the arrangements under the common system afford a reasonable degree of compensation for the risks inherent in fluctuations in the dollar exchange rate. There is therefore no breach of the staff's acquired rights in the organization's decision, following adoption of the general assembly's resolutions and so as to conform with the rules of the common system, to cancel a particular benefit it had earlier granted to its staff. As is held in Judgment 1241 of this day [...], a benefit granted at a particular point in time to a staff member or a group of staff members may not indefinitely preclude reforms that are in the general interest."

    Reference(s)

    Organization rules reference: FORMER WIPO STAFF REGULATION 3.1
    ILOAT Judgment(s): 1241

    Keywords:

    acquired right; case law; coordinated organisations; discontinuance; exchange rate; general assembly resolution; rule of another organisation; safeguard; salary; staff regulations and rules; tribunal;

    Considerations 7-8

    Extract:

    "The Organization belongs to the common system of the United Nations, in particular for the purposes of staff pay. That being so, it comes under the authority of the General Assembly and the International Civil Service Commission. The conclusion is that the special arrangements the Organization made under former Regulation 3.1 bis could not be kept in the long run in defiance of the rules of the common system."

    Reference(s)

    Organization rules reference: FORMER WIPO STAFF REGULATION 3.1 BIS

    Keywords:

    coordinated organisations; general assembly resolution; icsc decision; organisation; rule of another organisation; salary; staff regulations and rules;



  • Judgment 831


    62nd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    "The Tribunal is not competent to rule on the lawfulness of Assembly resolutions".

    Keywords:

    competence of tribunal; general assembly resolution; judicial review;



  • Judgment 830


    62nd Session, 1987
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    See Judgment 831, consideration 21.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    competence of tribunal; general assembly resolution; judicial review;



  • Judgment 829


    62nd Session, 1987
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    Vide Judgment 831, consideration 21.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    competence of tribunal; general assembly resolution; judicial review;



  • Judgment 828


    62nd Session, 1987
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    See Judgment 831, consideration 21.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    competence of tribunal; general assembly resolution; judicial review;



  • Judgment 827


    62nd Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    See Judgment 831, consideration 21.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    competence of tribunal; general assembly resolution; judicial review;



  • Judgment 826


    62nd Session, 1987
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    See Judgment 831, consideration 21.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    competence of tribunal; general assembly resolution; judicial review;



  • Judgment 825


    62nd Session, 1987
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    See Judgment 831, consideration 21.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    competence of tribunal; general assembly resolution; judicial review;


 
Last updated: 28.10.2020 ^ top