Order to modify internal rules (861,-666)

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Keywords: Order to modify internal rules
Total judgments found: 5

• Judgment 4944

  
  139th Session, 2025
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the decision rejecting her internal appeal in which she contended, among other things, that the investigations conducted and mandated by the World Food Programme into her complaint of rape were ultra vires and that her complaint should instead have been referred to and investigated by national or international judicial authorities.

  Consideration 9

  Extract:

  [T]he complainant, in essence, requests the Tribunal to order the Organization to modify its current policy, to the extent that, in cases of misconduct amounting to a crime, referring them to the national authorities, rather than directly investigating them, should be mandatory. This claim is irreceivable. The Tribunal does not have the authority to issue recommendations about an organisation’s policies (see Judgments 4551, consideration 15, 3345, consideration 11, 3225, consideration 6, 2793, consideration 21, and 2061, consideration 5).

  Reference(s)

  ILOAT Judgment(s): 2061, 2793, 3225, 3345, 4551
  

  Keywords:

  competence of tribunal; order to modify internal rules;
  

  
  
  

• Judgment 4931

  
  139th Session, 2025
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to recognise his same-sex marriage for the purpose of dependency benefits entitlements.

  Consideration 17

  Extract:

  No occasion arises to require, as requested by the complainant, the ITU Council to consider amending the Staff Regulations on the basis they are discriminatory and, indeed, ordering it to amend them. It is beyond the Tribunal’s power to make such an order (see Judgments 4551, consideration 15, and 4422, consideration 8).

  Reference(s)

  ILOAT Judgment(s): 4422, 4551
  

  Keywords:

  competence of tribunal; order to modify internal rules;
  

  
  
  

• Judgment 4920

  
  139th Session, 2025
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the rejection of his internal appeal seeking compensation for Interpol’s alleged failure to inform him of the status of his same-sex marriage in prospective duty stations and to assist him in obtaining recognition of his husband as a dependent spouse in duty stations where national law did not recognise same-sex marriage.

  Consideration 5

  Extract:

  The terms of the first order sought by the complainant have already been set out in consideration 3 above. In his pleas, the complainant cites Judgment 2979, in which the Tribunal referred to the need for an organization to have impartial reasonable and objective rules to ensure non-discrimination. The complainant argues, in his pleas, that Interpol failed to conduct a review of its Staff Regulations and Staff Rules to consider whether they are fit for purpose when dealing with issues of staff from minoritized statuses in terms of sexuality and sexual orientation. The import of the first order sought by the complainant is that Interpol should adopt rules granting the rights and benefits to LGBTQI+ staff members who are married or in a partnership, as are presently granted to heterosexual couples. The difficulty with this claim is that the Tribunal has said, on earlier occasions, that the question of whether the rules of an organization should make provisions in specified respects, and in a case such as the present, recognize same-sex marriages, is not justiciable before the Tribunal (see, in particular, Judgment 3203, considerations 6 to 8).

  Reference(s)

  ILOAT Judgment(s): 2979, 3203
  

  Keywords:

  competence of tribunal; order to modify internal rules;
  

  Judgment keywords

  Keywords:

  competence of tribunal; complaint dismissed; order to modify internal rules; same-sex marriage;
  

  
  
  

• Judgment 4551

  
  134th Session, 2022
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants contest modifications made with respect to the use of mass emails within the Office.

  Consideration 15

  Extract:

  Insofar as the complainants essentially ask the Tribunal to order the EPO to modify its rules concerning the use of mass communications, their claims are irreceivable. The Tribunal has no jurisdiction to make such orders (see Judgment 2793, consideration 21).

  Reference(s)

  ILOAT Judgment(s): 2793
  

  Keywords:

  competence of tribunal; order to modify internal rules;
  

  
  
  

• Judgment 4207

  
  129th Session, 2020
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the Director General’s decision to endorse the conclusion of the Office of Internal Oversight Services that it was unable to make a conclusive determination on her sexual harassment claim and to reject her related request for damages.

  Consideration 22

  Extract:

  The complainant’s request that the IAEA be ordered to audit, review and amend its procedures for resolving sexual harassment complaints is beyond the scope of the Tribunal’s competence [...].

  Keywords:

  competence of tribunal; order to modify internal rules;