Competence (84, 822, 823,-666)
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Keywords: Competence
Total judgments found: 108
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Judgment 946
65th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-6
Extract:
"In this case the decision not to renew the complainant's appointment was tainted with several fatal flaws. First, the decision was not taken by the competent authority. [...] What was even more serious was the failure to inform the complainant of the reasons for the decision."
Keywords:
competence; contract; decision-maker; duty to substantiate decision; fixed-term; flaw; grounds; non-renewal of contract; right to reply;
Judgment 885
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
"The interests of both justice and sound administration demand that the organisation endure litigation: it is not for the organisation but for the Tribunal itself to determine whether the complainant has abused his right of appeal and, if so, what ruling is fitting in the circumstances. [The organisation] may [...] submit that [the complainant] has abused the right of appeal and invite the Tribunal not just to dismiss his complaint but to declare it vexatious and, where appropriate, take any further action it thinks fit. For the foregoing reasons the Tribunal holds that it was wrong to impose the reprimand on the complainant and it must be quashed."
Keywords:
censure; competence; disciplinary measure; judicial review; organisation; right of appeal; vexatious complaint;
Judgment 869
63rd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Paragraph 315.323 of the FAO Manual, under which the Director of personnel of the FAO is competent to take decisions to withhold within-grade salary increments, was not complied with, and there is no evidence that the person who took the decision - the Director of external relations and general services for the World Food Programme - had been validly delegated to do so.
Reference(s)
Organization rules reference: PARAGRAPH 315.323 OF THE FAO MANUAL
Keywords:
competence; decision-maker; delegated authority; evidence; increment withheld; lack of evidence;
Judgment 866
63rd Session, 1987
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal [...] is not competent to construe the Fund Regulations: by Article 48 the United Nations Administrative Tribunal alone may hear complaints alleging breach of those Regulations."
Reference(s)
Organization rules reference: ARTICLE 48 OF THE UNITED NATIONS JOINT STAFF PENSION FUND
Keywords:
competence; competence of tribunal; fund regulations; iloat statute; pension; remand; unat;
Judgment 865
63rd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 866, consideration 5.
Reference(s)
Organization rules reference: ARTICLE 48 OF THE UNITED NATIONS JOINT STAFF PENSION FUND
ILOAT Judgment(s): 866
Keywords:
competence; competence of tribunal; fund regulations; iloat statute; pension; remand; unat;
Judgment 864
63rd Session, 1987
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 866, consideration 5.
Reference(s)
Organization rules reference: ARTICLE 48 UNITED NATIONS JOINT STAFF PENSION FUND
ILOAT Judgment(s): 866
Keywords:
competence; competence of tribunal; fund regulations; iloat statute; pension; remand; unat;
Judgment 863
63rd Session, 1987
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 866, consideration 5.
Reference(s)
Organization rules reference: ARTICLE 48 OF THE UNITED NATIONS JOINT STAFF PENSION FUND
ILOAT Judgment(s): 866
Keywords:
competence; competence of tribunal; fund regulations; iloat statute; pension; remand; unat;
Judgment 862
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Only the body competent to adopt or repeal a rule may suspend it, and by due process."
Keywords:
competence; decision-maker; procedure before the tribunal; provision; staff regulations and rules; suspensive action;
Consideration 8
Extract:
Vide Judgment 866, consideration 5.
Reference(s)
Organization rules reference: ARTICLE 48 OF THE UNITED NATIONS JOINT STAFF PENSION FUND
Keywords:
competence; competence of tribunal; fund regulations; iloat statute; pension; remand; unat;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Order
Extract:
"The President may direct proceedings and even if not expressly so empowered may order suspension. Since a complainant may withdraw a complaint he may also apply for suspension. Such application will succeed unless the advantage to the complainant of suspending the proceedings is outweighed by the advantage to the defendant of pursuing them."
Keywords:
competence; implied powers; no provision; order; order of suspension; organisation's interest; president of the tribunal; procedure before the tribunal; request by a party; staff member's interest; withdrawal of suit;
Judgment 805
61st Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"Delegation is the normal method of exercising authority within an organisation, and the competence of the head of personnel, who expressly mentioned the higher authority from whom he derived it, is unchallengeable."
Keywords:
competence; decision; decision-maker; delegated authority; requisition; right to strike; strike;
Judgment 801
61st Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The complainant raises a preliminary objection to the authorisation the President of the Tribunal granted to the EPO to confine its reply to the issue of receivability. The plea fails because the President takes such a decision by virtue of his general authority to regulate proceedings before the Tribunal. Besides, the Tribunal may alter his decision at any time. There is therefore no reason why, as the complainant asks, the President should withdraw from the case."
Keywords:
competence; president of the tribunal; reply confined to receivability;
Judgment 768
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainant requests that the matter of the recognition of his degree should be referred to the Court of Justice of the European Communities for a preliminary ruling. The Tribunal has no authority to order such reference."
Keywords:
competence; competence of tribunal; degree; european court of justice (ecj); remand;
Judgment 726
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants are impugning the decision by the Administrative Council of the EPO to impose a temporary levy of 1.5 per cent on staff members' salaries. The Tribunal holds that the Council's decision falls within the scope of its powers. Inasmuch as the levy is temporary and very small and there is a guarantee of nominal basic salary, the Tribunal concludes that there was no breach of the complainants' acquired rights.
Keywords:
acquired right; competence; decision; decision-maker; deduction; executive body; general decision; judicial review; reduction of salary; salary; tax;
Judgment 649
55th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"A request for review must be addressed to the maker of the challenged decision. In this case, the complainant asked the Reports Board to reconsider its [previous] comments [...] and that was tantamount to challenging the Director-General's decision [...] His challenge was misconceived in law and could not impair the finality of the decision."
Keywords:
competence; decision-maker; internal appeal;
Judgment 647
55th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Even if the letter [...] had been written without authority, the decision therein would not cease to exist on that account. [...] Provided a communication takes the form of a decision its lawfulness is immaterial to the reckoning of the time limit for lodging an appeal. To hold otherwise would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of a time limit."
Keywords:
competence; consequence; decision; decision-maker; flaw; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 646
54th Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal has such competence as is conferred on it by Article II of its Statute. Decisions under Article XII and the Annex [on submissions to the International Court of Justice for advisory opinion] fall outside the scope of its competence. In fact, although Article II, paragraph 7, empowers the Tribunal to rule on its own competence, its ruling is subject to the right of the governing body of an international organisation to seek review if it believes that the Tribunal has exceeded its jurisdiction or committed a fundamental error of procedure."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 7, AND ARTICLE XII OF THE STATUTE; ANNEX TO THE STATUTE
Keywords:
advisory opinion of icj; competence; competence of tribunal; executive body; icj; iloat statute; request by a party; vested competence;
Judgment 585
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The applicable Staff Rule says that it is the Administrative Council which may decide to reclassify a post on a proposal by the President. As the President saw no reason for regrading the complainant, he had no proposal to put to the Council.
Keywords:
competence; executive body; executive head; post classification; proposal;
Judgment 571
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is not for the Tribunal to interpret the text of the guideline. The [Staff] Regulation leaves it to the discretion of the President to determine the number of years [of professional experience] so long as he has regard to the guideline. [...] He is entitled to have regard to the fact that the interpretation [put on it], whether right or wrong, has been applied consistently since the first staff were recruited and it cannot now be changed without causing injustice."
Keywords:
administrative instruction; competence; competence of tribunal; discretion; executive head; interpretation; practice; professional experience;
Judgment 537
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Executive Board adopted the French version of [WHO Staff Rule] 1030.3.4, and the Executive Board alone could amend it. Instead it was the Director-General who decided to alter the French text, and the fact that he did is immaterial since according to Rule 020 the Director-General's authority is limited to making proposals for amendment. [...] Accordingly, his so-called 'correction' is in itself null and void. Either he discovers an error, and the original text must be applied; or else he alters the adopted text without being competent to do so."
Reference(s)
Organization rules reference: ARTICLES 020 AND 1030.3.4 OF WHO STAFF RULES
Keywords:
amendment to the rules; competence; decision-maker; executive body; executive head; proposal; provision; staff regulations and rules;
Judgment 522
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
According to a staff rule, an appeals board shall advise the Director-General "when a staff member lodges an appeal against an administrative decision 'alleging that it conflicts with the terms of his appointment or with any regulation or rule'." A decision therefore which is not in conflict with the complainant's terms of appointment or with any regulation or rule is not appealable."
Keywords:
competence; contract; enforcement; internal appeals body; provision; staff regulations and rules;
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