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 999
68th Session, 1990
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
The complainant was accused of grave misconduct. An inquiry was held into the facts in the absence of the complainant. The Tribunal held that "whoever makes inquiries of the kind that were made in this case must be scrupulous in not taking evidence from one party without the other's knowledge. Whether or not the evidence did work to the complainant's prejudice is irrelevant. It is sufficient that it might have done so, and it is not the likelihood but the risk of prejudice that is fatal. There can be no certainty that justice will be done if evidence is taken in the absence of one of the parties. The proceedings in the appeal the complainant lodged against the decision [...] to dismiss him show a breach of due process".
(note: see Judgment 2601, under 7)
Reference(s)
ILOAT Judgment(s): 2601
Keywords:
flaw; inquiry; investigation; misconduct; organisation's duties; right to reply; termination of employment;
Judgment 996
68th Session, 1990
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The requirement in [Article R II 1.24 of] the [ESO] Staff Regulations that the staff member consent to transfer is in marked contrast to other international organisations, in which transfer is common and the executive head has discretion to transfer staff from one duty station to another whether they consent or not. The complainant is correct in his submission that there is no provision in the ESO's rules for dismissal on the grounds of refusal of transfer."
Reference(s)
Organization rules reference: ARTICLE R II 1.24 OF THE ESO STAFF REGULATIONS
Keywords:
duty station; enforcement; organisation's duties; refusal; reinstatement; staff regulations and rules; termination of employment; transfer;
Judgment 991
68th Session, 1990
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
To mark its tenth anniversary celebration the European Patent Organisation granted a bonus to each of "all active permanent employees in post on 1 October 1987". As the complainant was then on unpaid leave "on personal grounds" he did not qualify for the benefit. The Tribunal holds that while the organisation is free to award special bonuses and free to decide who will receive them, it must apply objective criteria when doing so and avoid all arbitrary distinctions. In the instant case the restriction was based on objective criteria founded on provisions in the Staff Regulations.
Keywords:
compassionate leave; consequence; judicial review; leave; organisation's duties; payment; salary; special leave;
Judgment 990
68th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Having put the scale of pensionable remuneration into its own Staff Regulations, the ILO has a duty to ensure the payment of the corresponding benefits. The sole purpose of pensionable remuneration is the reckoning of the pension, and if the pension discounts the scale in the Staff Regulations because the organisation has entrusted the matter to another body, the ILO must make good the loss to its staff, who are entitled to have the regulations applied. Any difference of opinion there may be between the ILO and the fund is of no concern to the staff."
Keywords:
compensation; enforcement; injury; organisation's duties; pension; pensionable remuneration; staff regulations and rules; unjspf;
Judgment 977
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9(D)(III)
Extract:
The complainant had for a time no clear job description, but that did not prevent him from being fully taken up with work that was already familiar to him. The Tribunal concludes that the complainant's objections on this point are unfounded.
Keywords:
organisation's duties; post description;
Judgment 975
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The President was not bound to endorse the Appeals Committee's opinion. Article 109(1) of the [EPO] Service Regulations says merely that 'the authority concerned shall take a decision having regard to this opinion'. The President's duty is to consider the opinion before reaching his decision, not to follow it."
Reference(s)
Organization rules reference: ARTICLE 109(1) OF THE EPO SERVICE REGULATIONS
Keywords:
binding character; decision; executive head; internal appeals body; organisation's duties; recommendation;
Judgment 972
66th Session, 1989
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
By virtue of Regulation 1.2 of the WMO Staff Regulations and Staff Rules, "as the executive head of the Organization the Secretary-General is under a duty to lay down and enforce rules that are consistent with the broad principles of policy set out in the Staff Regulations for the staffing and administration of the Secretariat and to ensure respect for the fundamental conditions of service and basic rights of staff members set out in the Rules."
Reference(s)
Organization rules reference: REGULATION 1.2 WMO STAFF REGULATIONS AND STAFF RULES
Keywords:
enforcement; organisation's duties; staff regulations and rules; terms of appointment;
Judgment 969
66th Session, 1989
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant is accused of having typed two defamatory memoranda. "It is common ground that the burden of proof rests on the organization. By declining to admit the charges, as she was entitled to do, the complainant required the organization to prove its case; and although the proceedings are not criminal the seriousness of the charges and the concomitant penalty demand that before there can be a finding against the complainant the charges must be proved beyond reasonable doubt."
Keywords:
burden of proof; disciplinary measure; misconduct; organisation; organisation's duties;
Judgment 946
65th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The organization [is] in breach of the duty of consideration it owes its staff, of the principle of good faith and of the rule that the staff member has a right to be kept informed of any action that may affect his rights or legitimate interests."
Keywords:
contract; duty to inform; fixed-term; good faith; non-renewal of contract; organisation's duties;
Judgment 942
65th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is plain from the evidence now before the Tribunal that the transfer was flawed: first, no objective and impartial inquiry, such as the complainant had been asking for all along, had been carried out beforehand; and, secondly, there was breach of the duty any international organisation owes its staff to treat them with respect for their dignity and good name. The impugned decision must therefore be set aside."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
flaw; inquiry; investigation; moral injury; organisation's duties; professional injury; respect for dignity; transfer; working relations;
Judgment 939
65th Session, 1988
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was transferred without prior consultation of the Selection Board as required under Article 4.2(f) of the Staff Regulations. The Tribunal holds that the breach of procedure was minor, though it did cause the complainant injury. The Tribunal will therefore refrain from quashing the impugned decision and will order the organisation to pay the complainant damages and a further sum towards costs.
Reference(s)
Organization rules reference: ARTICLE 4.2 OF THE ILO STAFF REGULATIONS
Keywords:
consultation; costs; flaw; injury; material damages; organisation's duties; procedural flaw; selection board; transfer;
Judgment 938
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"A staff member cannot be separated while on sick leave."
Keywords:
contract; extension of contract; fixed-term; illness; non-renewal of contract; organisation's duties; sick leave; unsatisfactory service;
Judgment 922
65th Session, 1988
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal set aside the original dismissal and ordered review. Compliance with its ruling calls for more than a bald affirmation that there has been further inquiry. The complainant ought to have been received and given his say, and the decision he is now challenging ought to have set out the findings of the further inquiry. Such response to the Tribunal's ruling is cavalier and unacceptable."
Keywords:
confirmatory decision; consequence; decision; flaw; organisation's duties; procedure before the tribunal; right to reply;
Judgment 917
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The "principles that govern the international civil service [...] forbid discrimination and require that all members of the staff be treated considerately and with respect for their dignity."
Keywords:
equal treatment; general principle; international civil service principles; organisation's duties; respect for dignity;
Judgment 911
64th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"Although, as UNESCO says and indeed the Tribunal has held, facilities are not a matter for negotiation or agreement and although no obligation attaches to the actual outcome of consultations, one of an executive head's duties is to consult the staff association in keeping with [...] general principles [...] reflected in Chapter VIII [of the Staff Regulations]."
Reference(s)
Organization rules reference: CHAPTER VIII OF THE UNESCO STAFF REGULATIONS
Keywords:
consultation; enforcement; facilities; general principle; organisation's duties; staff regulations and rules; staff union;
Judgment 910
64th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"It is not reasonable for a former employee who had been absent for five months to assume that there had been no change in policy affecting the rights of employees during the period of her absence. If the prospect of on-local status was indeed an important factor in her applying for further employment it was incumbent upon her to find out whether the same practice applied as before. Had she done so she would have been told that it did not. Since she failed to do so she may not rely on the organization's failure to inform her of the change since there was no such duty on the organization."
Keywords:
amendment to the rules; duty to inform; local status; non-local status; organisation's duties; practice; terms of appointment;
Judgment 907
64th Session, 1988
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In Judgment 807 the Tribunal remanded the case for a new decision. It gave due instructions, observing that the complainant had not had the opportunity of answering the allegations about his work and the disruption of his section; it said that the organisation might resume the dismissal procedure on some other grounds provided for under the Staff Regulations. There were, quite plainly, supposed to be adversarial proceedings before the new decision was taken."
Reference(s)
ILOAT Judgment(s): 807
Keywords:
adversarial proceedings; consequence; flaw; organisation's duties; right to reply; termination of employment;
Judgment 902
64th Session, 1988
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
"If a staff member [...] lodges an appeal under the Staff Regulations he may thereby also challenge the lawfulness of any decision of the Permanent Commission's that affords the legal basis for the individual decision by the appointing authority if he alleges breach of the rules and principles of the international civil service that are binding on the organisation. As the Tribunal says in Judgment 899 [...], under 19, an organisation may not cite its own decision-making procedures to avoid compliance with the rules in dealings with staff."
Reference(s)
ILOAT Judgment(s): 899
Keywords:
competence of tribunal; enforcement; general decision; international civil service principles; legislative body; organisation's duties;
Judgment 901
64th Session, 1988
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"When an international official on mission shows professional shortcomings or fails in his duty of 'reserve' the government may of course ask the organisation to withdraw him. But termination is not the inevitable outcome. For one thing, so long as the contract is in force the Director-General does not have discretionary authority; for another, he may discuss the matter with the government [...] In any case even when the organisation acquiesces it need not terminate the appointment on that account."
Keywords:
consequence; discretion; duty of discretion; field; misconduct; organisation's duties; persona non grata; project personnel; termination of employment;
Judgment 899
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"The EPO's replies to the complaints are perfunctory. [The organisation] merely cites the policy of one of the seven chosen countries and the Council's posture without actually addressing the objective criteria applied in reckoning pay and working out the scale.* Not by submissions of that kind may it avoid compliance with the rules in dealings with staff. It is preventing the Tribunal from determining the ambit of the dispute and exercising its power of review."
*the material issue is the impact on EPO salaries of a deduction levied on salaries in the Dutch civil service.
Keywords:
deduction; general decision; organisation's duties; reduction of salary; salary;
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