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Enforcement (236,-666)

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Keywords: Enforcement
Total judgments found: 208

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  • Judgment 1086


    70th Session, 1991
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    Having accepted the International Civil Service Commission's Statute, the IAEA must treat the Commission's recommendations as binding insofar as they are clear.

    Keywords:

    binding character; enforcement; icsc decision; organisation;



  • Judgment 1080


    70th Session, 1991
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Vide Judgment 1126, summary.

    Reference(s)

    Organization rules reference: ARTICLE 61.5 OF THE INTERPOL STAFF RULES
    ILOAT Judgment(s): 1126

    Keywords:

    amount; condition; discretion; enforcement; provision; staff regulations and rules; terminal entitlements;

    Consideration 6

    Extract:

    The complainants object that the terminal entitlements Interpol granted them under the Staff Rules and Regulations were "paltry". "Even if there are rules the Tribunal may still check that the organisation has kept to the general principles that govern the international civil service, one of them being its duty to treat its staff considerately. As has been said before, an organisation must act from reasonable motives and not cause its staff unnecessary or undue prejudice."

    Keywords:

    enforcement; international civil service principles; judicial review; organisation's duties; staff regulations and rules; terminal entitlements;



  • Judgment 1045


    69th Session, 1990
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Rule 1050.2 provides: 'When a post of indefinite duration, which is filled, is abolished, a reduction in force shall take place, in accordance with procedures established by the Director'. The procedures are set out in detail in the Manual of the WHO, and it is clear that the rules preclude the termination of an appointment until the reduction-in-force procedure has been completed. The notice [given to her] was therefore invalid, and in keeping with the reasoning in Judgment 469 the complainant's contract is renewed by implication and remains in force. She is entitled to payment of the salary and allowances due under her contract less any indemnity of earnings she may have received in the meantime."

    Reference(s)

    Organization rules reference: PAHO STAFF RULE 1050.2
    ILOAT Judgment(s): 469

    Keywords:

    abolition of post; amount; consequence; contract; enforcement; extension of contract; fixed-term; material damages; permanent appointment; post; procedure before the tribunal; staff reduction; termination of employment;



  • Judgment 1033


    69th Session, 1990
    International Union for the Protection of New Varieties of Plants
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "According to Article II(5) of its Statute, [the Tribunal] is competent to hear a complaint only if the international organisation that employs the complainant has addressed to the Director-General of the International Labour Office a declaration of recognition in accordance with its constitution or internal administrative rules and if the Governing body of the International Labour Office has approved the declaration." As the International Union for the protection of new varieties of plants (UPOV) has not met these requirements, the Tribunal is not competent to hear the complaint filed by an official of that organisation even though the WIPO Staff Regulations and Staff Rules apply to him as a UPOV employee.

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE

    Keywords:

    competence of tribunal; condition; declaration of recognition; enforcement; staff regulations and rules;



  • 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 1012


    68th Session, 1990
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The decision to reduce pay at Eurocontrol was confirmed on 12 November 1987. "Though the pay slips [giving effect to the reduction] are plainly unlawful because the Commission's decision still had to come into effect, they apply only to the period they cover and cannot be treated as giving effect to a decision that had not yet become final. Not a single complainant has challenged an individual decision subsequent to 12 November 1987. The Tribunal is therefore bound, regrettably, to declare the claims irreceivable insofar as they object to future reductions in pay."

    Keywords:

    application for quashing; effective date; enforcement; general decision; individual decision; payslip; receivability of the complaint; reduction of salary; salary;



  • Judgment 1005


    68th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant claimed the benefit of a decision delivered on 12 December 1986 (Judgment 792). She got notice of the organisation's final decision to refuse her claim in a letter dated 26 February 1988. But she failed to challenge that decision within the ninety-day limit laid down in Article VII(2) of the Statute. So her complaint is time-barred.

    Reference(s)

    ILOAT reference: ARTICLE VII(2) OF THE STATUTE

    Keywords:

    complaint; enforcement; judgment of the tribunal; receivability of the complaint; request by a party; time bar; time limit;



  • Judgment 1001


    68th Session, 1990
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainants, who are employed by UNIDO in the general service category, seek the quashing of decisions setting their pay according to the new salary scales brought in as from 1 October 1987. They are objecting to the flat 2.4 per cent salary cut included in scales drawn up on the basis of an International Civil Service Commission recommendation to account for the so-called "commissary benefit". UNIDO Staff Regulation 6.5(a) says that the pay of staff in the general service category shall be based on "the best prevailing conditions of employment in the locality" (Flemming principle). The Tribunal holds that for the purpose of establishing parity with local pay the only relevant items are the ones defined in the Staff Regulations and financial rules of the organisation and paid out of its own funds. It follows that such a benefit as access to the commissary, which is provided for neither in the Staff Regulations nor in the financial rules and is a form of tax relief bestowed by the host country at no cost to the Organisation, may not count in a comparison of this nature. The Organization's decision to reduce salaries is unlawful and cannot stand. The cases are sent back to UNIDO for the recalculation of their pay.

    Reference(s)

    Organization rules reference: UNIDO STAFF REGULATION 6.5(A)

    Keywords:

    elements; enforcement; flaw; flemming principle; fringe benefits; general service category; headquarters agreement; icsc decision; privileges and immunities; reckoning; reduction of salary; salary; scale; staff regulations and rules;

    Consideration 3

    Extract:

    "The parties agreed to dispense with prior referral to the Joint Appeals Board and to put the dispute directly to the Tribunal, as Rule 112.03 of UNIDO's Staff Rules allows." Because of that provision in the Organization's Rules, the requirement set out in Article VII of the Tribunal's Statute is met.

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE
    Organization rules reference: RULE 112.03 OF THE UNIDO STAFF RULES

    Keywords:

    acceptance; direct appeal to tribunal; enforcement; exception; executive head; receivability of the complaint; staff regulations and rules;



  • Judgment 1000


    68th Session, 1990
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainants, who are employed by the IAEA in the general service category, seek the quashing of decisions setting their pay according to the new salary scales brought in as from 1 October 1987. They are objecting to the flat 2.4 per cent salary cut included in scales drawn up on the basis of an International Civil Service Commission recommendation to account for the so-called "commissary benefit". Annex II.B.1 of the Agency's Provisional Staff Regulations says that the pay of staff in the general service category shall be based on "the best prevailing conditions of employment in the locality" (Flemming principle). The Tribunal holds that for the purpose of establishing parity with local pay the only relevant items are the ones defined in the Staff Regulations and financial rules of the organisation and paid out of its own funds. It follows that such a benefit as access to the commissary, which is provided for neither in the Staff Regulations nor in the financial rules and is a form of tax relief bestowed by the host country at no cost to the organisation, may not count in a comparison of this nature. The Agency's decision to reduce salaries is unlawful and cannot stand. The cases are sent back to the Agency for the recalculation of their pay.

    Reference(s)

    Organization rules reference: ANNEX II.B.1 OF THE IAEA PROVISIONAL STAFF REGULATIONS

    Keywords:

    elements; enforcement; flaw; flemming principle; fringe benefits; general service category; headquarters agreement; icsc decision; privileges and immunities; reckoning; reduction of salary; salary; scale; staff regulations and rules;

    Consideration 3

    Extract:

    "The parties agreed to dispense with prior referral to the Joint Appeals Committee and to put the dispute directly to the Tribunal, as Rule 12.02.1(b) of the Agency's Provisional Staff Rules allows." Because of that provision in the Agency's Rules, the requirement set out in Article VII of the Tribunal's Statute is met.

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE
    Organization rules reference: RULE 12.02.1(B) OF THE IAEA PROVISIONAL STAFF RULES

    Keywords:

    acceptance; direct appeal to tribunal; enforcement; exception; executive head; receivability of the complaint; staff regulations and rules;



  • Judgment 996


    68th Session, 1990
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The requirement in [Article R II 1.24 of] the [ESO] Staff Regulations that the staff member consent to transfer is in marked contrast to other international organisations, in which transfer is common and the executive head has discretion to transfer staff from one duty station to another whether they consent or not. The complainant is correct in his submission that there is no provision in the ESO's rules for dismissal on the grounds of refusal of transfer."

    Reference(s)

    Organization rules reference: ARTICLE R II 1.24 OF THE ESO STAFF REGULATIONS

    Keywords:

    duty station; enforcement; organisation's duties; refusal; reinstatement; staff regulations and rules; termination of employment; transfer;



  • Judgment 995


    68th Session, 1990
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "According to Article VII(1) of the Tribunal's Statute a complaint shall not be receivable unless the impugned decision is final, the complainant having exhausted the means of redress available to him under the staff regulations. That constitutes a requirement to follow any internal procedure laid down in the Staff Regulations: the staff member must not only respect the time limits for appeal but also comply with any stipulations as to procedure in the Regulations or Implementing Rules."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    enforcement; internal appeal; internal remedies exhausted; procedure before the tribunal; receivability of the complaint; staff regulations and rules; time limit;

    Summary

    Extract:

    According to paragraphs 7 and 9 of the Statutes of the UNESCO Appeals Board, appeals must be presented by the official concerned or, on his behalf, by any other member of the Secretariat stationed at headquarters. The complainant was represented by a lawyer before the Appeals Board and thereby failed to comply with the prescribed procedure. His complaint is accordingly irreceivable. The Tribunal remarks that as lawyers ordinarily have access to any judicial body the rules governing the internal appeals procedure would not be admissible before a court of law. But under the circumstances of the instant case the rules in the Board's Statutes must be construed strictly.

    Reference(s)

    Organization rules reference: PARAGRAPHS 7 AND 9 OF THE STATUTES OF THE UNESCO APPEALS BOARD

    Keywords:

    complainant; counsel; enforcement; formal requirements; internal appeal; internal appeals body; procedure before the tribunal; receivability of the complaint; staff regulations and rules;



  • Judgment 990


    68th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Having put the scale of pensionable remuneration into its own Staff Regulations, the ILO has a duty to ensure the payment of the corresponding benefits. The sole purpose of pensionable remuneration is the reckoning of the pension, and if the pension discounts the scale in the Staff Regulations because the organisation has entrusted the matter to another body, the ILO must make good the loss to its staff, who are entitled to have the regulations applied. Any difference of opinion there may be between the ILO and the fund is of no concern to the staff."

    Keywords:

    compensation; enforcement; injury; organisation's duties; pension; pensionable remuneration; staff regulations and rules; unjspf;



  • Judgment 986


    67th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "Being neither arbitrator nor mediator, the Tribunal has only a limited power of review [in the area of staff remuneration] and will declare whether the impugned decisions square with general principles, with the Staff Regulations and with the terms of the complainants' appointment."

    Keywords:

    competence of tribunal; enforcement; general principle; salary; staff regulations and rules; terms of appointment;

    Consideration 7

    Extract:

    "The relations of staff with an international organisation do not end when they leave its employ. The pension scheme forms part of the administrative arrangements they may look forward to and, like pay, pensions are governed by basic rules that are binding on the organisation. Foremost among them is Noblemaire, the purpose of which is not to bestow privilege on international civil servants but to draw some of the best people from every country into the service."

    Keywords:

    enforcement; international civil service principles; noblemaire principle; pension; salary; separation from service;



  • Judgment 976


    66th Session, 1989
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant is seeking the reimbursement of charges for shipment of baggage when he took home leave. He contends that the organisation's practice from which he benefited until 1985 was to authorise both the conversion of unused excess baggage allowances into air freight and the combination of baggage allowances for the outward and the return journeys. The Tribunal holds that the practice of conversion is in keeping with the applicable upu rules, but that combination is not covered by the rules.

    Keywords:

    enforcement; home leave; personal effects; practice; refund; staff regulations and rules; transport expenses; travel expenses;



  • Judgment 975


    66th Session, 1989
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The practice of allowing mothers to defer prenatal maternity leave and to extend postnatal maternity leave correspondingly does not entitle the complainant to substitute sick leave for maternity leave, that being contrary to the provisions of the Regulations."

    Keywords:

    enforcement; extension of contract; maternity leave; practice; provision; sick leave; staff regulations and rules;



  • Judgment 972


    66th Session, 1989
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    By virtue of Regulation 1.2 of the WMO Staff Regulations and Staff Rules, "as the executive head of the Organization the Secretary-General is under a duty to lay down and enforce rules that are consistent with the broad principles of policy set out in the Staff Regulations for the staffing and administration of the Secretariat and to ensure respect for the fundamental conditions of service and basic rights of staff members set out in the Rules."

    Reference(s)

    Organization rules reference: REGULATION 1.2 WMO STAFF REGULATIONS AND STAFF RULES

    Keywords:

    enforcement; organisation's duties; staff regulations and rules; terms of appointment;



  • Judgment 963


    66th Session, 1989
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Any authority is bound by the rules it has itself issued until it amends or repeals them. The general principle is that rules govern only what is to happen henceforth, and it is binding on any authority since it affords the basis for relations between the parties in law. furthermore, a rule is enforceable only from the date on which it is brought to the notice of those it applies to."

    Keywords:

    amendment to the rules; effective date; enforcement; general principle; non-retroactivity; patere legem; staff regulations and rules;

    Consideration 5

    Extract:

    The complainants challenge Eurocontrol's decision to reduce the amount of education expenses to be refunded to them insofar as it applied retroactively. Though the Director General's decisions are the only ones the Tribunal may quash and those under challenge did not have retroactive effect, "a staff member may challenge in an individual appeal the lawfulness of any decision of the [Permanent] Commission's that affords the basis in law for a decision by the appointing authority if he believes the latter decision to be at odds - as indeed here the decisions are - with a rule or principle that governs the international civil service."

    Keywords:

    decision; education expenses; enforcement; executive head; international civil service principles; judicial review; legislative body; non-retroactivity; reduction of salary; refund; salary;



  • Judgment 944


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant and her husband are both officials of the EPO. There are no rules concerning the refund of medical expenses which cover such contingencies. The Tribunal holds that "no other provision of the Service Regulations may be applied, even by analogy, if intended to fit an essentially different set of circumstances."

    Keywords:

    analogy; applicable law; enforcement; health insurance; marital status; medical expenses; no provision; other; provision; staff regulations and rules;



  • Judgment 937


    65th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12, Summary

    Extract:

    The complainant was dismissed for misconduct. The organization submits that the complainant took home leave without going to his home country, the one which treats him as its citizen. The Tribunal held that the complainant was in breach of the letter and spirit of the rules: "Though the rules do allow rerouting, it must not be more than a minor change in travel arrangements."

    Keywords:

    direct route; enforcement; exception; home leave; misconduct; place of origin; serious misconduct; staff member's duties; staff regulations and rules; termination of employment;



  • Judgment 926


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The purpose of the [expatriation] allowance is [...] to meet the case where the employee has no affinity with the country of his duty station. Although the employee who is a citizen will ordinarily have such affinity, 72[3] [of the Service Regulations] recognises that residence abroad for at least ten years before appointment will break it. But it is only reasonable to require that the residence abroad be continuous because any interruption of it will restore the affinity."

    Reference(s)

    Organization rules reference: ARTICLE 72 OF THE EPO SERVICE REGULATIONS

    Keywords:

    condition; duty station; enforcement; non-resident allowance; residence; staff regulations and rules;

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