ILOAT Statute (223,-666)
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Keywords: ILOAT Statute
Total judgments found: 191
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Judgment 533
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
To infer a decision to dismiss where no final decision has been taken within the sixty days would greatly broaden the scope of Article VII, paragraph 3, particularly when the internal appeals body has no set time limits. "In such case Article VII[3], which is presumably to be treated as covering the exception, would in fact become the rule. Moreover, to broaden the scope of paragraph 3 would unduly restrict that of paragraph 1, which requires the complainant to exhaust the internal means of redress."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE
Keywords:
absence of final decision; exception; failure to answer claim; iloat statute; implied decision; internal remedies exhausted; provision; time limit;
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;
Consideration 1
Extract:
The declaration of recognition mentioned in Article II, paragraph 5, of the Statute of the Tribunal "recognises not only the Tribunal's competence but also the applicability of its Rules of court. An organisation which makes such a declaration accepts the provisions of the Statute and the Rules of court, and any provisions in its own rule book on the receivability of complaints filed with the Tribunal are of no effect, whether they comply with the Tribunal's rules or not."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
consequence; declaration of recognition; difference; enforcement; iloat statute; precedence of rules; procedure before the tribunal; receivability of the complaint; staff regulations and rules; time limit;
Consideration 3
Extract:
Vide Judgment 533, consideration 3.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE
ILOAT Judgment(s): 533
Keywords:
exception; failure to answer claim; iloat statute; implied decision; internal remedies exhausted; provision; time limit;
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 496
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 41
Extract:
"Every lawyer must be aware that the jurisdiction of the Tribunal is confined to non-observance of the terms of appointment of officials and of provisions of the Staff Regulations. By far the greater part of the complainants' contributions to the dossier consist of the presentation of what is called a class action and of the complainants' side of a controversy that is manifestly outside the Tribunal's jurisdiction. There is no reason why the organization should pay for this. The complainants have, however, succeeded in establishing an important principle; they should be allowed 4,000 United States dollars towards their costs."
Keywords:
competence of tribunal; costs; freedom of association; iloat statute; staff claim;
Judgment 493
48th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In accordance with Article II of its Statute, [the Tribunal] hears complaints alleging the non-observance of terms of appointment or of the Staff Regulations. In reaching its decisions it construes such texts by the accepted methods of legal interpretation. It also draws upon general principles of law insofar as they may apply to the international civil service. It takes no account of municipal law, however, except insofar as such law embodies those principles."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
case law; competence of tribunal; domestic law; enforcement; general principle; iloat statute; international civil service principles; interpretation;
Judgment 488
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"According to Article II, paragraph 1, of its Statute, the Tribunal may hear complaints alleging the non-observance, in substance or in form, of the terms of appointment and of the Staff Regulations. Thus it reviews the lawfulness of the decision, not its desirability."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
Keywords:
competence of tribunal; iloat statute;
Judgment 486
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The Tribunal is compétent to hear complaints alleging non-observance of the terms of appointment of officials and of such provisions of the staff regulations as are applicable to the case. The Tribunal has not given a narrow construction to 'terms of appointment'; it has treated the expression as sufficiently wide to cover obligations arising from the relationship created by the appointment."
Keywords:
competence of tribunal; contract; iloat statute; interpretation; provision; terms of appointment;
Judgment 477
47th Session, 1982
Central Office for International Railway Transport
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"As Article II of its Statute makes clear, the Tribunal will hear complaints alleging non-observance of both formal or procedural rules and substantive ones [...]. For that purpose [a complainant] need not bring an appeal for invalidating the decision, a procedure which is provided for neither in the Statute nor in the Rules of Court, and the Tribunal will consider his procedural pleas in the context of his actual complaint."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
competence of tribunal; iloat statute;
Judgment 474
47th Session, 1982
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The Staff Rules preclude appeals against non-renewal of appointment. The material provision "does have force within the organisation in that it preclude bringing certain appeals to the Director-General. [It] is not binding on the Tribunal, whose jurisdiction has been unconditionally recognised by the organisation and which will itself determine whether a complaint is receivable."
Keywords:
competence of tribunal; contract; fixed-term; iloat statute; internal appeal; non-renewal of contract; provision; receivability of the complaint; right of appeal;
Judgment 473
47th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The complainant filed his complaint within the time limit set in Article VII of the Statute of the Tribunal. The fact that the Registrar invited him to supplement his complaint in accordance with Article 7 of the Rules of Court has no bearing on the question of receivability. In any event the complaint was brought into conformity with the Rules within the one-month time limit set in Article 7."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE;
ARTICLE 7 OF THE RULES
Keywords:
complaint; correction of complaint; iloat statute; receivability of the complaint; time limit;
Judgment 456
46th Session, 1981
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1-2
Extract:
The ninety-day time limit set in Article VII, paragraph 2, of the Statute of the Tribunal will run from the date of expiry of the sixty-day time limit set in paragraph 3. The text of Article VII, paragraph 3, expressly provides for the addition of the two time limits and thus renders irreceivable any complaint filed after the expiry of the 150 days.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 2 AND 3, OF THE STATUTE
Keywords:
iloat statute; internal appeal; internal remedies exhausted; start of time limit; time limit;
Consideration 2
Extract:
The purpose of Article VII, paragraph 3, of the Statute of the Tribunal is two-fold: a) to enable an official to defend his interests by going to the Tribunal when the administration has failed to take a decision; b) to prevent a dispute from dragging on indefinitely and from coming before the Tribunal at a time when the material facts have altered or can no longer be determined with certainty.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords:
direct appeal to tribunal; failure to answer claim; iloat statute; provision; purpose;
Judgment 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Neither the Statute nor the Rules of Court provide for review of the Tribunal's judgments. Is it to be inferred that review is thereby precluded or simply left for the Tribunal itself to determine ? The Tribunal "has heard several applications for review, but has dismissed them simply by finding that there were no grounds for review. It has not yet discussed in full the scope for review of its judgments." In the present case the problem will be dealt with in part by citing the pleas which are not receivable and reserving judgment on the others.
Reference(s)
ILOAT Judgment(s): 404
Keywords:
admissible grounds for review; application for review; iloat statute; inadmissible grounds for review; judgment of the tribunal; no provision;
Judgment 436
45th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Under Article VIII of its Statute the Tribunal is entitled to award the complainant compensation for the injury caused to him. "For this purpose the Tribunal may under Article 11 of its Rules order such measures of investigation as it considers desirable. But it will not order an investigation merely for the sake of ascertaining the facts; the investigation must be in aid of some relief, such as reinstatement or compensation, which it is within the jurisdiction of the Tribunal to grant."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE;
ARTICLE 11 OF THE RULES
Keywords:
competence of tribunal; condition; further submissions; iloat statute; injury; inquiry; investigation; material damages; moral injury; submissions;
Judgment 408
44th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"According to Article VII, paragraph 1, of the Statute of the Tribunal a complaint shall be receivable only if the internal means of redress provided in the Staff Regulations have been exhausted. That rule requires the complainant not just to appeal to an internal body but to await the decision on his appeal before filing a complaint."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
condition; iloat statute; internal remedies exhausted; receivability of the complaint;
Judgment 369
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Tribunal is not competent to hear an application for the repeal or amendment of Staff Regulations or Rules. "The Tribunal is, however, competent to consider whether a provision of the Staff Regulations or Staff Rules applies to an individual case. It is true that it will then be determining the meaning and scope of a general and abstract provision; in doing so, however, it is merely passing preliminary judgment so that it may decide an individual case which does come within the scope of its competence."
Keywords:
application for quashing; competence of tribunal; enforcement; iloat statute; injury; judicial review; provision;
Consideration 3
Extract:
Under Article II, paragraph 1, of its Statute, "the Tribunal's competence is limited to review of individual cases but covers all such cases in question."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
Keywords:
competence of tribunal; general decision; iloat statute; individual decision;
Judgment 362
41st Session, 1978
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Under Article II of its Statute the Tribunal is open to any official [...] who is in dispute with the organisation concerning the compensation provided for in cases of invalidity, injury or disease incurred by him in the course of his employment."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
competence of tribunal; illness; iloat statute; invalidity; professional accident; service-incurred;
Considerations
Extract:
"The word 'injury' [...] must be given the restricted meaning of physical injury. Not only is this consistent with its context, but if it were not so restricted it would be far wider than 'accident' in the French text."
Keywords:
iloat statute; interpretation; professional accident;
Judgment 347
40th Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainant failed to impugn [the] decision within the period of ninety days prescribed in Article VII, paragraph 2, of the Statute of the Tribunal and it has therefore become final. Not only is it not now open to challenge but the arguments put forward against it are irreceivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE
Keywords:
iloat statute; time limit;
Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Statute [of the Tribunal] is the document which is known to define the jurisdiction [of the Tribunal]; the resolution [whereby the Conference of the organization accepted the jurisdiction of the Tribunal] is an instruction to the Director-General to arrange for the organization to accept that jurisdiction. If the resolution does not use exactly the same words as the Statute, nothing is to be inferred from that."
Keywords:
competence of tribunal; declaration of recognition; iloat statute;
Consideration 1
Extract:
In the opinion of the Tribunal it is the words "terms of appointment" which are crucial in Article II, paragraph 5, of the Statute of the Tribunal. "The appointment is not imposed upon the official on such terms as the organization alone thinks fit; it is the result of a contract which contains the terms agreed between the organization and the person to be appointed."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
contract; iloat statute; terms of appointment;
Judgment 322
39th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"In accordance with Article II of its Statute the Tribunal hears complaints of breach of terms of appointment or of Staff Regulations and Staff Rules. In reaching its decisions it construes such texts by the accepted methods of legal interpretation."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
Keywords:
competence of tribunal; contract; iloat statute; staff regulations and rules;
Judgment 317
39th Session, 1977
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The organisation and the Provident Scheme jointly concluded a contract with the complainant. "According to Article VII of its Statute the Tribunal hears complaints which challenge decisions and decisions alone, and that excludes contracts, for example. Unless the complainant is impugning a decision her complaint is irreceivable. If the complainant wished to avoid or vary the contract [...] she ought first to have asked the other parties and called for decisions from them on the matter. Those are the only kind of decisions she might have impugned before the Tribunal."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
application for quashing; cause of action; competence of tribunal; condition; contract; iloat statute; no cause of action; receivability of the complaint;
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