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Case law of other tribunals (751,-666)

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Keywords: Case law of other tribunals
Total judgments found: 4

  • Judgment 4381


    131st Session, 2021
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the changes made with respect to her salary.

    Consideration 22

    Extract:

    It is appropriate to say something about two judgments in the UN Tribunal system although this Tribunal is not bound by them (see, for example, Judgment 3138, consideration 7). The first is a Judgment of the United Nations Dispute Tribunal (UNDT): UNDT/2017/097. The second is a Judgment of the United Nations Appeals Tribunal (UNAT) (Judgment 2018-UNAT-840) upholding an appeal against the first mentioned decision. The proceedings concerned a challenge to the unified salary scale arising from the 2015 ICSC Annual Report, that is to say, the same scale impugned in these proceedings. A central issue was whether the removal of the dependency element and the effect of its removal involved a breach of an acquired right. The UNDT’s approach led to the conclusion there had been such a breach. Generally, the UNDT’s consideration of the issue involved an orthodox application of principles accepted and applied by a multitude of international administrative tribunals including this Tribunal. The approach of the UNAT was different.

    Reference(s)

    ILOAT Judgment(s): 3138

    Keywords:

    case law of other tribunals; icsc decision;



  • Judgment 4363


    131st Session, 2021
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who states that he was the victim of retaliation, claims redress for the injury he considers he has suffered.

    Consideration 12

    Extract:

    [I]n Judgment 3138, consideration 7, it was recalled that this Tribunal is in no way bound by the case law of other international or regional courts.

    Reference(s)

    ILOAT Judgment(s): 3138

    Keywords:

    case law of other tribunals;



  • Judgment 3138


    113th Session, 2012
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    It must first be recalled that under Article II, paragraph 5, of its Statute, which defines its jurisdiction, the Tribunal is competent to hear complaints alleging non-observance, in substance or in form, of the terms of employment of officials and of the provisions of the Staff Regulations applicable to a particular case. On that basis, it develops its own case law which takes account of the fundamental rights enjoyed by civil servants and the general principles of the international civil service. On the other hand, it is in no way bound by the case law of other international courts, or by that of the courts of the European Communities, to which the complainant refers extensively in her submissions.

    Keywords:

    applicable law; case law of other tribunals;



  • Judgment 3034


    111th Session, 2011
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    This Tribunal is not bound by the case law of the European Union’s judicial bodies. It must further be noted that the legal context of this case law is different.

    Keywords:

    applicable law; case law of other tribunals; european union;


 
Last updated: 23.09.2021 ^ top