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 1242
74th Session, 1993
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
The complainant submits that the organization did not do its utmost to reinstate him in execution of Judgment 1154. WIPO's letter "does not substantiate the contention that it had. it simply conveys the Director General's decision 'not to extend [the complainant]'s appointment'. It says nothing of any attempts to find him a suitable position and thereby discharge its primary obligation under Judgment 1154. [...] The Director General had the duty to justify his decision by explaining why it was impossible to reinstate the complainant [...] only in its reply to this complaint does the organization maintain that 'there was no possibility of reinstating the complainant since there was no suitable post to which he could be appointed given his qualifications'."
Reference(s)
ILOAT Judgment(s): 1154
Keywords:
application for execution; duty to substantiate decision; good faith; judgment of the tribunal; organisation; organisation's duties; refusal; reinstatement; reply; res judicata; submissions; tribunal;
Judgment 1235
74th Session, 1993
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Although the Director-General is not of course bound to appoint the candidate the Committee puts first and has discretion in making the choice, the reasons for his decision must be stated so that the Tribunal may properly exercise its power of review."
Keywords:
appointment; candidate; competition; discretion; duty to substantiate decision; judicial review; limits; organisation's duties; promotion board; purpose;
Judgment 1234
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
The complainant, an official at grade D.2, was moved twice in 18 months but given no explanation for the moves. His second transfer was to a post at a lower grade, some distance from headquarters and in a field he had never worked in. "Although the Director-General will ordinarily be treated as the best judge of what the organization's interests are and the Tribunal will not ordinarily interfere in his assessment of them, nevertheless it will do so in this case. It is quite inadequate to plead that the decision to transfer the complainant was 'in the interests of the organization'. The basis for reaching that conclusion must be made clear so that the Tribunal may exercise its power of review and determine whether there exists any of the grounds for setting aside a discretionary decision of that kind."
Keywords:
discretion; downgrading; duty to substantiate decision; grade; judicial review; limits; organisation's duties; organisation's interest; post; transfer;
Consideration 19
Extract:
The complainant, an official at grade D.2, was moved twice in 18 months but given no explanation for the transfers. His second move was to a post at a lower grade, at some distance from headquarters and in a field he had never worked in. The organization pleads that his transfer was "in the interests of the organization" and that the burden is on him to show that it was not. "But there it betrays a deeply mistaken view of its duty. Of course its own interests are paramount, but it must still, for the sake of proper management and mutual confidence, treat its staff fairly. If it is transferring a staff member it must let him have a degree of responsibility corresponding to his grade and respect his dignity. It must give him a statement of the reasons for the transfer and the opportunity of responding."
Keywords:
burden of proof; downgrading; duty to substantiate decision; grade; organisation's duties; organisation's interest; post; respect for dignity; right to reply; staff member's interest; transfer;
Judgment 1232
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Having been held in his home country against his wishes, the complainant applied, under duress, for early retirement, and the authorities of his country forwarded his application to the organization. "As soon as he was able to show that he had acted under duress UNESCO had the duty, according to the general principles that guarantee the independence of international civil servants, to grant relief. Such independence means that a staff member may not be put on early retirement where a member State has ordered him to apply for it."
Keywords:
burden of proof; early retirement; independence; international civil service principles; lack of consent; member state; official; organisation; organisation's duties; request by a party;
Judgment 1231
74th Session, 1993
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
The complainant seeks the quashing of a decision to dismiss him following the abolition of his post. The only grounds given for his dismissal are "just a broad allusion to the organization's 'service requirements' or 'interests'. Such terms are meaningless unless there is a fuller explanation enabling the staff member and, if need be, the Tribunal to grasp the actual reasons, especially where the outcome is as drastic as abolition of post and dismissal."
Keywords:
abolition of post; decision; duty to substantiate decision; judicial review; organisation's duties; organisation's interest; purport; staff member's interest; termination of employment;
Consideration 26
Extract:
As the Tribunal has often held "there must be objective grounds for abolition, which must not be used as a pretext for dislodging undesirable staff: see Judgments 334 [...], under 5; 523 [...], under 5; 756 [...], under 2; and 807 [...], under 16 and 17."
Reference(s)
ILOAT Judgment(s): 334, 523, 756, 807
Keywords:
abolition of post; abuse of power; case law; misuse of authority; organisation's duties; purpose; termination of employment;
Judgment 1230
74th Session, 1993
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The impugned decision - the non-renewal of the complainant's contract until his retirement- was made on the basis of mistake of fact, an erroneous interpretation of certain statements made by the complainant regarding his availability. It was also established that the Agency must have known that the government of the complainant's country of origin wanted him to return home. The Agency, in this context "ought to have paid especial heed, for the sake of the independence of the international civil service, and his own in particular, to finding out just what he really intended and conveying it accurately to the competent committee."
Keywords:
contract; fixed-term; independence; intention of parties; international civil service principles; member state; non-renewal of contract; official; organisation; organisation's duties;
Judgment 1223
74th Session, 1993
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 33 to 36
Extract:
The complainant, a Eurocontrol official, is challenging the rejection of his application to a post of head of division and the appointment of an external candidate to that post on the grounds that the decision was not substantiated. "Mutual trust between organisation and staff requires that in such circumstances the applicants should be properly informed of the decision and of the reasons for it. of course the content of the obligation [...] will depend on the sort of decision that has been taken. [...] The principle holds good: the organisation has a duty to state the reasons for the decision, that being an essential condition for proper defence of the official's rights. The staff member is therefore entitled to be given any information necessary for that purpose."
Reference(s)
ILOAT Judgment(s): 1016
Keywords:
competition; decision; duty to inform; duty to substantiate decision; organisation's duties; promotion; purport; purpose; refusal; right to reply;
Consideration 30
Extract:
The complainant, a Eurocontrol official, challenges the rejection of his application to a post of head of division and the appointment of an external candidate to that post. He alleges that the recruitment procedure was unlawful. "The Tribunal will not interfere in drafting a notice of vacancy or comparing candidates who respond to the notice. But for Eurocontrol to open a competition for serving officials and then change the terms of recruitment sub rosa so as to deny them any real chance of success was in breach of the duty of trust and fairness the organisation owes its staff."
Reference(s)
ILOAT Judgment(s): 1016
Keywords:
appointment; candidate; competition; discretion; due process; equal treatment; good faith; judicial review; organisation's duties; vacancy notice;
Judgment 1221
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant seeks the redefinition of her duties and, subsidiarily, transfer or secondment. "The administration never forced the complainant to perform duties other than those in the description of her post. It is bound neither to amend the duties of staff to suit their own wishes nor [...] to grant their applications for transfer, provided that its decisions are not prompted by considerations irrelevant to its own interests."
Keywords:
amendment to the rules; assignment; discretion; organisation's duties; organisation's interest; post; post description; request by a party; request for transfer; secondment;
Consideration 6
Extract:
The complainant seeks the quashing of her summary dismissal for serious misconduct. Under the circumstances UNESCO Staff Regulation 10.2 lays no duty on the Director-General to put the matter to the Joint Disciplinary Committee. But that does not mean that the staff must "forfeit all the safeguards of the international civil service when they are to incur disciplinary sanctions. One such safeguard is their right to plead their case. The authority competent to impose the sanction has a duty to warn the staff member in clear terms of the intention of doing so and invite an answer whatever charges may lie."
Reference(s)
Organization rules reference: UNESCO STAFF REGULATION 10.2
Keywords:
decision; duty to inform; international civil service principles; organisation's duties; right to reply; serious misconduct; summary dismissal;
Judgment 1213
74th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant is claiming assignment to a specific post. The meaning of Article VIII of the Tribunal's Statute, "as the case law has construed it, is that the Tribunal may not order an organisation to put a staff member on any particular post. All it may do is set aside an unlawful decision putting someone on a post or refusing to do so or order specific performance where the organisation has failed to discharge an obligation. In this case [...] the complainant's claim [...] fails because it is irreceivable."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
assignment; case law; claim; competence of tribunal; iloat statute; interpretation; organisation's duties; post; receivability of the complaint;
Judgment 1212
74th Session, 1993
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-4
Extract:
The complainant disputes the lawfulness of a decision to dismiss her while she was on probation. She alleges breach of her right to a hearing before dismissal. She relies on a rule for which there was a long line of precedents, among them Judgments 987 [...] and 1082 [...]. The rule is that a contract of employment creates a relationship of trust and that lays on the organization a duty to inform the staff member of its intention of dismissing him and let him defend his interests. The organization moreover must disclose its intention before it gives notice; disclosing it just before the dismissal takes effect will not do. The Tribunal holds that CERN "utterly disregarded her right to be given a prior hearing so that she might comment in detail on the reasons why she was being dismissed."
Reference(s)
ILOAT Judgment(s): 987, 1082
Keywords:
date of notification; decision; due process; organisation's duties; right to reply; termination of employment;
Judgment 1207
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The Tribunal need only observe, as it has often said before (for example in Judgments 940 [...], 1016 [...] and 1025 [...]), that no staff member has any right to promotion. Even if he is expecting it, as the complainant was, he may not demand that management grant him the benefit of it from any particular date."
Reference(s)
ILOAT Judgment(s): 940, 1016, 1025
Keywords:
career; case law; date; effective date; organisation's duties; promotion; right;
Judgment 1204
74th Session, 1993
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
The complainants object to a decision denying them so-called "out-of-career" promotions. They submit that the original decisions were taken for an unlawful reason of principle and that the organization later confirmed the decisions on quite different grounds. The organization says it merely exercised the discretion inherent in managerial prerogative and did not alter the original reasons but merely added to them. "Although the competent authority has discretion to grant or refuse the promotion of staff who qualify under the material rules, it must abide by the rules, and whatever decisions it takes will be subject to judicial review [...] so as to determine whether they pass muster the rules have to be known to everyone and an organisation may not go beyond the duly published texts and resort to secret provisions that change the thrust of the ones it intended to treat as binding. Before it takes its discretionary decision, it must compare the merits of all staff who qualify under the rules [...] CERN committed two mistakes of law. One was to apply to the complainants rules that had never been published and that it regarded as binding. The other was to defend its position ex post facto by saying that its reasons for rejecting the complainants' claims were connected with their performance, though there is no evidence of any comparative and analytical assessment of the kind that international officials are entitled to."
Keywords:
applicable law; discretion; duty to substantiate decision; equal treatment; judicial review; organisation's duties; patere legem; promotion; publication; refusal;
Judgment 1199
73rd Session, 1992
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
A "point on which the Organisation is mistaken is that the Tribunal may and will entertain pleas of flaws in the decision-making process of the ILO which may entail examining the decision-making process in the United Nations."
Keywords:
competence of tribunal; coordinated organisations; flaw; judicial review; organisation's duties; rule of another organisation;
Judgment 1176
73rd Session, 1992
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"Treating a person as a dependent child of the staff member in accordance with [the material provisions] confers health insurance coverage ipso facto on that person. [...] Eurocontrol must consider the consequences its decision [to treat someone as a dependent child] will have for insurance coverage."
Keywords:
dependant; dependent child; health insurance; illness; insurance; medical expenses; organisation's duties;
Considerations 11 and 13
Extract:
Eurocontrol asked the complainant to supply proof that the dependant for whom he was seeking health insurance had no means of gaining cover for sickness under another public health scheme in keeping with Article 2(2) of Rule No. 10 of the Staff Regulations. "But since what is required is disproof - viz. proof that there is no coverage under this or that scheme - Eurocontrol may not consistently lay the burden on the insured member. If it did so, there would be a danger of making the rule unworkable. A fortiori it may not, after duly determining on all the material evidence at its disposal that someone may be treated as a dependent child, raise the question of possible coverage by another public scheme whenever the insured member happens to claim refund or to seek prior authorisation of expenditure."
Reference(s)
Organization rules reference: Article 2(2) of Rule no. 10 of the Staff Regulations
Keywords:
burden of proof; dependant; dependent child; evidence; health insurance; illness; insurance; medical expenses; organisation's duties;
Judgment 1170
73rd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant objects to the refusal to grant him promotion. A circular informed the staff that a promotion board would advise the President on promotions. The Tribunal holds that "the promotion board was bound to apply the criteria laid down in the circular and had no discretion to discard any of them".
Keywords:
criteria; organisation's duties; promotion; promotion board;
Judgment 1162
72nd Session, 1992
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant wants the Tribunal to order her assignment to a stable post in line with her qualifications. "The Tribunal is satisfied [...] that the organization has made a serious effort to give the complainant a more stable position - indeed it has created the post especially for her - and has taken due account of her qualifications, experience and grade. Since she has therefore obtained satisfaction, she shows no cause of action".
Keywords:
assignment; organisation's duties; post; qualifications; request for transfer; transfer;
Judgment 1161
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The Organisation tried to find him a suitable post in another department. That it failed to do so is immaterial, however, since he had no right whatever to transfer under the Service Regulations."
Keywords:
organisation's duties; post; request for transfer; right; staff regulations and rules; transfer;
Judgment 1160
72nd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11, 12 and 17
Extract:
Salary scales for locally-recruited staff in the general service category are reviewed every few years on the strength of comprehensive surveys of local practice. The ICSC having approved a new "general methodology" for making the surveys, WHO decided to apply it. "Although the methodology was not binding on the Organization merely by virtue of the Commission's approval of it, the Organization's decision to apply it is one that it is not free afterwards to disclaim. [...] It is inconsistent for the Organization to argue before the Tribunal that there was nothing wrong with the surveys when the methodology was not strictly followed. [...] Because the survey was not carried out in accordance with the approved methodology the case must be sent back to the Director-General for a new decision".
Keywords:
adjustment; general service category; icsc decision; inquiry; investigation; local status; organisation's duties; reckoning; salary; scale;
Judgment 1159
72nd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
WHO Staff Rule 1050.2.3 "distinguishes between holders of a career-service appointment and temporary staff. Whereas the former 'shall be given priorities', the Director-General enjoys discretion to 'establish priority' among the latter. He was therefore under no obligation to give any particular priority to the holder of a temporary appointment like the complainant."
Reference(s)
Organization rules reference: WHO STAFF RULE 1050.2.3
Keywords:
career; contract; discretion; fixed-term; organisation's duties; priority;
Judgment 1158
72nd Session, 1992
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6, 8 and 9
Extract:
"The material issue is [...] whether the organization might, in mid-competition and while assessing the candidates, alter the requirements it had itself already declared for the post. [...] If it decides to hold a competition, "it must abide by the conditions it has itself set for the competition: patere legem quam ipse fecisti. [...] The application of that principle means that the conditions of entry for a competition may not properly be altered once the process of selection is under way. But "UNIDO failed to abide by its own requirements. [...] An essential condition for the competition was waived during [the] evaluation, and such waiver impaired the fairness and lawfulness of the process of selection. For that reason alone, the impugned decision must [...] be set aside".
Keywords:
competition; condition; criteria; due process; general principle; organisation's duties; patere legem; procedure before the tribunal;
Consideration 5
Extract:
"The Tribunal is required to determine whether in considering all the case records before it, the organization has properly identified the qualified candidates. In doing so the Tribunal will make sure that the criteria which are to be applied have not been put to improper use. And there would be such improper use if, for example, the [...] principle of equality were treated as a privilege."
Keywords:
candidate; competition; criteria; equal treatment; open competition; organisation's duties;
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