Organisation's duties (202, 203, 204, 205, 206, 207, 208, 645,-666)
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Keywords: Organisation's duties
Total judgments found: 658
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Judgment 2047
91st Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The complainant adopts the position taken by the Appeals Committee to the effect that the [organisation] was obligated to appoint its own medical officer for the purposes of dealing with her claim and was not entitled to rely on the medical adviser appointed by [the insurance company] Van Breda for that purpose. For the Tribunal to so hold would amount to a denial of the organisation's right to appoint the medical officer of its choice. The fact that it selects and relies on the same medical adviser as the one appointed by the insurer, whom it has engaged to carry out its obligations to provide health coverage to its staff, is not in the least surprising. Such appointment cannot have any adverse effect upon the complainant who retains the right given by Article 90 [of the Service Regulations] to have any contested issue relating to medical matters determined by the Invalidity Committee."
Reference(s)
Organization rules reference: ARTICLE 90 OF THE SERVICE REGULATIONS
Keywords:
insurance; invalidity; medical board; medical consultant; medical opinion; organisation's duties;
Consideration 13
Extract:
"With regard to the complainant's claim to be provided with copies of any medical reports relied upon by [the insurance brokers] Van Breda, it is trite law that a staff member's right to see medical reports may not ordinarily be challenged. As such, the complainant should be provided with copies of medical reports contained in Van Breda's file relating to this matter. Whether or not the [organisation] has these documents in their possession is irrelevant. As the policy holder, it has the right to give instructions that the complainant be given access to these documents and must ensure that she is provided with the information as soon as reasonably possible. [...] It is of no avail that some or all of the reports in question may have been given by the complainant's own doctors: she is entitled to know from Van Breda exactly what medical information about her it has received and from whom."
Keywords:
duty to inform; insurance; medical opinion; medical records; organisation's duties; right;
Judgment 2037
90th Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainants challenge the appointment of another staff member. The Appeals Committee considered that the appeals had not been filed in time. But the complainants argue that the challenged appointment was not definitive until the offer had been signed and the conditions for appointment satisfied. "When what is challenged is a contract between an organisation and a future employee, the act which may be impugned is the contract as communicated by the organisation, irrespective of the possibilities open to the contracting parties to appeal internally such as a medical examination still to be undergone [...] legal certainty requires communications from an organisation to be reliable so that all concerned know when the time limit for an appeal starts to run. this is all the more important when the organisation is not bound to reveal the exact content of the contract. In this instance, [...] since the organisation had already notified its decision and its agreement with the future [staff member] on his terms of appointment, the signing of the contract and the prior medical examination appeared to be mere formalities. It would have been sheer pedantry to insist that they be completed and the staff so informed before the appointment of the [staff member] was announced." The time limit for an appeal had therefore started to run as soon as the personnel had been informed of the contested appointment.
Keywords:
appointment; cause of action; contract; date; decision; duty to inform; formal requirements; good faith; internal appeal; medical examination; offer; organisation's duties; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 2032
90th Session, 2001
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"If a Member State in breach of its international obligations taxes the exempt income of a staff member, the reimbursement of that tax cannot be made to depend upon the grace and favour of that State."
Keywords:
member state; official; organisation's duties; privileges and immunities; refund; refusal; salary; tax;
Consideration 17
Extract:
"If the organisation does not [...] contest the exempt status of the complainant, it is its duty to protect him against the claims of the authorities of a Member State, to reimburse him the amount of tax he has paid to the State, and to employ its own considerable power, authority and influence to have the [...] authorities [of that state] change their position. [...] By requiring him to appeal against his [...] tax assessment while conceding the tax-exempt status of his [...] income the organisation has failed in its duty to the complainant."
Keywords:
member state; official; organisation's duties; privileges and immunities; refund; refusal; salary; tax;
Judgment 2028
90th Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The Tribunal does not dispute the principle of delegation of authority (see Judgment 1386 [...]); however, when a complainant calls for proof that power has in fact been delegated to a specific person, it is a matter for the organisation to produce such proof."
Reference(s)
ILOAT Judgment(s): 1386
Keywords:
burden of proof; complainant; delegated authority; disclosure of evidence; evidence; general principle; organisation's duties; request by a party;
Judgment 2025
90th Session, 2001
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complaint was transferred to the field against his liking. At the end of the internal procedure, the organisation decided to reassign him to Headquarters. "It thereby admitted [...] that it had failed to assess the complainant's circumstances with the care required by administrative decisions that affect its staff. That in itself warrants the conclusion that, even though his assignment [to Headquarters] met the complainant's wishes in part, it did not fully make up for the injury caused by his transfer [to the field]. Consequently [...] the Director-General was wrong not to award him the compensation he had claimed."
Keywords:
compensation; executive head; field; headquarters; injury; internal appeal; organisation's duties; reassignment; refusal; request by a party; transfer;
Judgment 2018
90th Session, 2001
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 14-15
Extract:
The complainant attacks the decision not to confirm his appointment after a probationary period and to terminate his employment prior to the expiry of his fixed-term contract. "The Tribunal [...] notes that [...] the organisation's legal division advised the administration of the procedure to be followed in terminating the complainant's appointment. Specifically [...] the administration was advised of its obligation to set up a special advisory board to investigate the case and to report back to the Director-General. This advice, like the [...] findings of the Special Advisory Board, appear inexplicably to have been simply ignored by the Director-General. In the circumstances, the impugned decision [...] must be quashed."
Keywords:
advisory body; advisory opinion; contract; decision quashed; executive head; fixed-term; organisation's duties; probationary period; procedure before the tribunal; refusal; termination of employment;
Judgment 2017
90th Session, 2001
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"An organisation must interpret the statements of a staff member in good faith and [...] as part of its duty to spare the staff member unnecessary injury, it may also be called upon to provide procedural guidance and help to put right a mistake (see Judgment 1734, [...] under 3(g))."
Reference(s)
ILOAT Judgment(s): 1734
Keywords:
good faith; injury; interpretation; organisation's duties; request by a party; staff member's interest; statement of intent;
Judgment 2014
90th Session, 2001
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"The Tribunal considers that either there was sufficient admissible evidence of the guilt of the complainant as an accused staff member or there was not. If there was not enough admissible evidence to convince the person making a decision, the charge should have been dismissed; if there was enough such evidence, then there should have been a finding of guilty. What is not permissible is to take a stand somewhere between the two, which is what the [Joint Appeals] Board did."
Keywords:
admissibility of evidence; appraisal of evidence; due process; evidence; lack of evidence; organisation's duties; presumption of innocence; staff member's interest;
Judgment 2003
90th Session, 2001
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainants did not challenge the initial decisions denying them an installation grant and therefore "those decisions became final and the complainants were barred from challenging them by filling up application forms years later and claiming the quashing of the decisions refusing them by implication the allowance for which their assignment to Maastricht made them eligible. The Joint Committee for Disputes was right to cite the principle of legal certainty which must govern relations between an organisation and its staff' and to note that it was not possible to [exempt] the persons concerned from the time bar, which the Tribunal is in any event bound to apply since it is mandatory'."
Keywords:
binding character; decision; effective date; exception; iloat statute; mandatory time limit; organisation's duties; staff member's interest; time bar; time limit;
Judgment 1983
89th Session, 2000
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant's contract was not extended. "It is true that the complainant was aware of the organization's intentions, having been informed of them several times, in particular, in a talk with the Director of the [organization's] service in France on 6 November 1997 and by the fax messages of 11 and 20 November 1997. Nevertheless, she was right to wait for official notification of an administrative decision from the competent authorities of [the organization] before challenging the measure. Although the letter of 16 January 1998 signed by the Director of the [organization's] service in France appears to be merely a letter of confirmation, it is the only official administrative decision adversely affecting the complainant. Her letter of 6 February 1998 seeking a review of it was therefore in time."
Keywords:
cause of action; confirmatory decision; decision; duty to inform; non-renewal of contract; notice; organisation's duties; receivability of the complaint; separation from service; staff member's interest;
Consideration 6
Extract:
"As to the absence of one month's notice, [the organization] rightly points out that the obligation arising from the provisions of the Staff Regulations applies to dismissal and not to non-renewal of a fixed-term appointment. Nonetheless, the case law says that an organisation must always give the reasons for a decision not to renew an appointment and those reasons must be notified to the staff member within a reasonable time."
Keywords:
duty to substantiate decision; non-renewal of contract; notice; organisation's duties; precedence of rules; separation from service; staff member's interest; staff regulations and rules;
Judgment 1968
89th Session, 2000
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The [...] ground of alleged irreceivability[,that the decision to promote a colleague did not adversely affect the complainant,] is [...] untenable. [The two staff members] were at the same grade, in the same career stream, and both are entitled to expect that promotions will only be made fairly and objectively, based on merit and in accordance with law."
Keywords:
career; cause of action; decision; equal treatment; organisation's duties; patere legem; promotion; receivability of the complaint;
Judgment 1966
89th Session, 2000
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10 and 12
Extract:
"Even if [a] practice [of distributing internal personal mail could create] an obligation upon the Office, it should be emphasised that such an obligation could involve limits relating, for example, to the content, nature and purpose of the mail that it is requested to distribute. [The] staff members [of the organisation] do not enjoy an absolute right to have information or documents of any type distributed through the office's facilities."
Keywords:
effect; limits; organisation's duties; practice; right;
Judgment 1929
88th Session, 2000
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Compulsory transfer of a disciplinary nature must afford the staff member the safeguards available in the case of disciplinary sanctions, that is the right of the staff member to be heard before the sanction is ordered, with the option for him to participate in the full processing of the evidence and to make all his pleas. [...] It matters little in this respect whether or not transfer is envisaged among the disciplinary sanctions set out in the Staff Regulations. What is decisive is whether the transfer appears to be the consequence of the alleged professional shortcomings of the staff member which may, by their nature, give rise to disciplinary sanctions."
Keywords:
disciplinary measure; hidden disciplinary measure; organisation's duties; right to reply; safeguard; staff member's interest; staff regulations and rules; transfer;
Consideration 9
Extract:
The complainant was transferred without prior notice and without an opportunity to be heard. "Taken together, the material circumstances give grounds for considering that the impugned transfer partly constituted a hidden disciplinary sanction. [...] The impugned decision must, therefore, be set aside and the procedure resumed from the point at which it was flawed [...]."
Reference(s)
Organization rules reference: ARTICLE 10 OF THE UPU STAFF REGULATIONS
Keywords:
disciplinary measure; hidden disciplinary measure; organisation's duties; remand; right to reply; staff member's interest; staff regulations and rules; transfer;
Judgment 1924
88th Session, 2000
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant accepted a settlement proposal by the organization within the imposed deadline. However, four months went by and he heard nothing more on the subject so he wrote to inquire when the settlement would be effected. One month later he was informed that the organization had learned that certain costs would be higher than it had foreseen, therefore, it preferred that the dispute be decided by the Administrative Tribunal. "Efforts made for the resolution of disputes are to be encouraged and the principle of good faith requires that if an offer is accepted the other party cannot then withdraw from it. The offer [...] should, accordingly, be implemented."
Keywords:
acceptance; good faith; intention of parties; offer; offer withdrawn; organisation's duties; promise; settlement out of court; staff member's interest;
Judgment 1912
88th Session, 2000
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The organisation amended the Staff Regulations. The text adopted by the Council was a simplified version of the text that had been submitted for the opinion of a committee having staff representatives. The organisation maintains that the Chairman of the Staff Association indicated that the opposition to the text on the grounds of principle was unlikely to be removed by the simplified text and that another meeting of the Committee would be useless. "The fact that the Chairman of the Staff Association has made his position known does not mean that there is no need to consult an official body, made up of representatives of the administration and the staff who are entitled to make their views known quite independently and whose opinions can develop in the course of a discussion."
Keywords:
advisory body; advisory opinion; amendment to the rules; organisation's duties; staff regulations and rules; staff representative; staff union;
Consideration 11
Extract:
The organisation amended the Staff Regulations. The text adopted by the Council was a simplified version of text that had been submitted for the opinion of a committee having staff representatives. "A further consultation of a body which must give its opinion on a draft text is necessary only if substantial changes are made to the text[...]."
Keywords:
advisory body; advisory opinion; amendment to the rules; organisation's duties; purport; staff regulations and rules;
Consideration 15
Extract:
"The methodologies adopted by international organisations for setting and adjusting the remuneration of the staff, in principle, must enable results to be obtained that are stable, foreseeable and clearly understood [...] when the applicable method uses an external index, [...] not with a view to requiring the competent body to conform automatically to the index, but only as a simple orientation', which in itself is not a breach of any rights, the staff can only be protected against arbitrariness if the criteria used in deviating from the suggested orientation of the external index are objective, adequate and known to the staff."
Reference(s)
ILOAT Judgment(s): 1821
Keywords:
adjustment; bias; coordinated organisations; cost-of-living increase; criteria; duty to inform; organisation's duties; rule of another organisation; salary; scale;
Judgment 1911
88th Session, 2000
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
"It is a general principle of the international civil service that there must be a valid reason for any decision not to renew a fixed-term contract and that the reason must be given to the staff member [...]. An official whose fixed-term contract is reaching expiry must be informed in a timely manner of the real reasons for the decision not to renew it [...]. In this case a mere reference to a letter sent to the complainant nearly two years previously cannot, in the absence of any other indication as to the real reasons for the decision to be taken, exempt the observatory from stating the grounds clearly."
Keywords:
contract; date; decision; duty to inform; duty to substantiate decision; fixed-term; general principle; grounds; international civil service principles; non-renewal of contract; organisation's duties; separation from service;
Judgment 1906
88th Session, 2000
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant argues that, since none of [the instances of insubordination and improper activity which were noted by the organization] was ever made the object of disciplinary proceedings against him, they cannot be invoked as reasons in support of the decision not to renew his contract. The complainant is wrong. An organization is never under an obligation to launch disciplinary proceedings against a staff member and, where that person's appointment is drawing to an end, the fact that there are possible disciplinary infractions on his part may properly be considered when the administration is deciding whether or not to offer him a new contract."
Keywords:
contract; disciplinary procedure; grounds; non-renewal of contract; organisation's duties; separation from service;
Judgment 1901
88th Session, 2000
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 8-9
Extract:
The organization refused the complainant both an unsuitability and an invalidity pension. It explains that it couldn't arrange for a final medical examination at the time of the complainant's dismissal because he was in prison. "The Tribunal cannot accept that argument. Under Article R II 4.18 of the Staff Regulations, a medical examination is compulsory when a contract is terminated, for whatever reason. In view of the particular circumstances of the case, [the organization] should have been at particular pains to comply with that rule. In the absence of such an examination the pension fund should have determined whether, upon termination of service, the complainant was to be treated as unfit for work because of a deterioration in his physical or mental health which occurred while he was employed by [the organization]. The administrator of the Pension Fund was, therefore, wrong [...] when he refused to consider the complainant's entitlement to a pension for unsuitability." The case was sent back to the Pension Fund.
Reference(s)
Organization rules reference: ARTICLE R II 4.18 OF THE STAFF REGULATIONS OF CERN
Keywords:
cern pension fund; disability benefit; due process; incapacity; invalidity; medical examination; organisation's duties; pension; pension entitlements; procedure before the tribunal; refusal; service-incurred; termination of employment;
Judgment 1897
88th Session, 2000
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"As the organisation did not contest the receivability of a premature appeal [...] during the internal procedure, the principle of good faith prevents it from doing so subsequently."
Keywords:
good faith; internal appeal; organisation's duties; receivability of the complaint;
Consideration 6
Extract:
A general principle of law has it that the legal situation of someone cannot be modified before they have had an opportunity to be heard. This principle is also valid for international organisations and the Tribunal [...].
Keywords:
adversarial proceedings; organisation's duties; right to be heard;
Judgment 1893
88th Session, 2000
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
By its Judgment 1814 the Tribunal set aside the decision rejecting the complainant's appeal and sent the case back to the organization. The Tribunal considers that "Judgment 1814 did not imply that his case succeeded on the merits; its sole objective was to send the case back to [the organization]'s competent bodies so that a lawful decision could be taken."
Reference(s)
ILOAT Judgment(s): 1814
Keywords:
case sent back to organisation; decision; decision quashed; due process; flaw; internal appeal; judgment of the tribunal; organisation's duties; purport; remand;
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