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 703
57th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Though a seconded official holds a fixed-term appointment his position is out of the ordinary. He cannot expect his contract to last more than two years unless the organisations decide differently. But on leaving the receiving organisation he goes back to the releasing one [...] It is therefore only reasonable that either organisation should have the right to end the secondment if it so wishes on the expiry of the prescribed period without having to explain its decision."
Keywords:
consequence; contract; discretion; duty to substantiate decision; fixed-term; non-renewal of contract; organisation's duties; reinstatement; secondment;
Consideration 9
Extract:
"The holder of a fixed-term appointment is entitled to know the date of separation early enough to enable him to arrange things."
Keywords:
contract; fixed-term; non-renewal of contract; notice; organisation's duties; reasonable time; secondment; time limit;
Judgment 655
55th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The claim "is for performance by the ilo of its obligations under the Staff Regulations and under the rules of equity and natural justice. The formulation of such obligations is too vague and general for their performance to be subject to judicial review. The claim is irreceivable."
Keywords:
organisation's duties; receivability of the complaint; vague claim;
Judgment 654
55th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 655, consideration 7.
Reference(s)
ILOAT Judgment(s): 655
Keywords:
organisation's duties; receivability of the complaint; vague claim;
Judgment 649
55th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The claims in question "amount to a demand that the ILO stop acting in breach of its obligations under the Staff Regulations. The formulation of the obligations is so vague and general that their performance cannot be subject to judicial review. The claims are irreceivable."
Keywords:
organisation's duties; receivability of the complaint; vague claim;
Judgment 631
54th Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 28
Extract:
The complainant retains his P.6 grade on a personal basis, but is transferred, without reasons having been given, to a P.5 post. The Tribunal regards this as downgrading of function. "There is [...] much to be said for the argument that, whether or not there is a specific provision in the Staff Rules, as a matter of contractual obligation the administration ought not to take a decision injuriously affecting a staff member's career without first, as a matter of natural justice, giving him the reasons for the decision and getting his response."
Keywords:
downgrading; duty to substantiate decision; grade; organisation's duties; post; professional injury; transfer;
Judgment 630
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
All staff members should hold a post and perform the duties pertaining thereto. This "principle will not in practice have the effect of impairing the legitimate authority of the head of branch. Work requirements will determine how staff are to be assigned, and the result may be that a staff member has some of his duties taken away from him or is set to work that does not quite match his inclinations or even his talents. The supervisor is also entitled to propose that a staff member be moved [...] but so long as the staff member remains in a particular branch the head must see to it that he is given real work."
Keywords:
assignment; official; organisation's duties; organisation's interest; post; qualifications; refusal to assign work; request by a party; right; staff member's duties; supervisor; transfer;
Consideration 9
Extract:
"The manner in which [the complainant] was deprived of her duties was sudden and discourteous. Her position has remained unaltered for some years. And not only did her supervisor fail in his responsibility towards her; the ILO, too, since she had committed no misconduct, ought to have done its utmost to find proper duties and responsibilities for her."
Keywords:
liability; organisation's duties; refusal to assign work; supervisor;
Consideration 10
Extract:
The complainant was inconsiderately left idle. The organisation ought to have done its utmost to set the situation right. "The Tribunal holds that the ilo caused serious injury to the complainant's feelings and reputation and was in breach of its obligations. It shall pay her compensation for moral injury. Inasmuch as it finds the ILO at fault the present judgment itself affords a remedy, but she is also entitled to damages for the serious prejudice she has suffered [...]."
Keywords:
allowance; breach; compensation; misconduct; moral injury; organisation; organisation's duties; professional injury; refusal to assign work;
Consideration 7
Extract:
The complainant was not given any work. The organisation refers to her frequent absences on sick leave. "If the complainant was ill the ILO was under a duty to grant her rights under the Staff Regulations."
Keywords:
applicable law; illness; organisation's duties; refusal to assign work; sick leave; staff regulations and rules;
Judgment 620
53rd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant suffers from angina pectoris; he did not receive regular medical examinations. The organization's breach of its duty deprived him of an opportunity to take precautions against an illness which has impaired his work capacity. The complainant is entitled to damages. "The award cannot be the full amount which would have been due had [the illness] been attributable beyond peradventure to the performance of official duties. But the FAO is liable in damages for injury the complainant may have suffered."
Keywords:
illness; injury; material damages; medical examination; organisation's duties; service-incurred;
Consideration 2
Extract:
The organization holds that the complainant need only to have asked for an examination to have had one. As a rule, every provision of the Regulations is intended to be put into effect, with the exception of those stated not to be binding. "There is no reason to suppose that the FAO was free to disregard [the provision on regular medical examinations]. In fact, in giving officials of the age of 55 or more a right to an examination every six months, the rule implies that the FAO is under a duty to have staff in other age groups examined."
Keywords:
illness; medical examination; organisation's duties; service-incurred;
Judgment 611
53rd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"Although [the applicable rule] states no restriction on Unesco's rights, that does not relieve the Organization of respect for the staff member's personal rights. First, as the Tribunal has held, where the Organization state the authorship of a publication, the principle of equal treatment requires them to name all of the authors. Secondly, they may not, where there are several authors, mislead as to the contribution each has made. They may not declare that someone has written the whole of a report when he has written only part of it."
Keywords:
organisation's duties; proprietary rights;
Consideration 9
Extract:
"The complainant is a man of parts and gave Unesco years of distinguished service. Unesco would have done well to treat him with greater consideration. Whatever attitude he may have taken on the termination of his appointment Unesco had no imperative reason to reject the offer of help he made them [...] Yet, though they were not as understanding as they might have been, they did not exceed their rights under the Staff Regulations and Staff Rules."
Keywords:
organisation's duties; respect for dignity;
Consideration 1
Extract:
"The complainant submits that Unesco have infringed his copyright. Though not expressly alleging non-observance of a provision of the Staff Regulations or Staff Rules or a clause of his contract, he is objecting to the Organization's treatment of him as a staff member on the grounds that they have not respected his status as such. The Tribunal is therefore competent to hear the case under Article II(5) of its Statute".
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; organisation's duties; proprietary rights;
Judgment 608
52nd Session, 1984
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
There is a regulation which provides for the Director-General to determine the frequency of salary adjustments on the basis of variation in the rate of inflation. The Director-General chose not to exercise his discretion. "He must have proceeded upon the erroneous assumption that he was under no obligation to make any adjustment at all and so could do what he liked about the frequency." The Tribunal quashes the decision, which rests on an error of law and remits the case to the Director-General for a "new decision based on the correct interpretation" of the regulation.
Keywords:
adjustment; cost-of-living increase; discretion; enforcement; interpretation; organisation's duties; provision; salary; staff regulations and rules;
Judgment 607
52nd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
A memorandum from the Director-General sets the conditions for renewal a fixed-term contract on the grounds of illness. "The memorandum is [...] material evidence, even though it is not part of the Staff Regulations, and the Tribunal will hold that Director-General overlooked essential facts if he refused renewal despite the complainant's fulfilling the conditions set in the memorandum."
Keywords:
administrative instruction; contract; disregard of essential fact; enforcement; extension of contract; organisation's duties; sick leave;
Judgment 574
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal observes that the defendant is under a duty to enable the court to render a complete decision on the dispute. If the party who is the defendant takes the view that the complaint should be rejected because it is clearly vexatious, he may apply to the Tribunal, before filing the reply, for permission to confine his arguments to that point. Otherwise he will incur the danger that the Tribunal declare the allegations of fact in the complaint to be established."
Keywords:
acceptance; condition; consequence; organisation's duties; reply confined to receivability; submissions; tribunal;
Judgment 566
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Following strike action, an administration decision led to a circular explaining that salary deductions would be calculated using a method different from that set out in the Service Regulations. "The executive head is not competent to adopt such rules [...] To accept the [organisation's] submissions would be to allow the imposition of a covert disciplinary sanction. The [...] staff exercised an acknowledged right and did not commit any misconduct." The deductions were calculated unlawfully and should be invalidated.
Reference(s)
Organization rules reference: ARTICLE 65 OF THE EPO SERVICE REGULATIONS
Keywords:
breach; deduction; hidden disciplinary measure; organisation's duties; provision; reckoning; right to strike; salary; staff regulations and rules; strike;
Judgment 553
50th Session, 1983
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Tribunal's judgments have the authority of res judicata. An [...] organisation [...] is therefore bound [...] first and foremost to take whatever action the judgment may require. That the judgment must be both respected and executed are thus principles which are beyond dispute, and they apply, in particular, where the organisation is ordered to pay a sum of money. The debtor's obligation to pay must as a rule be discharged immediately unless the judgment states that the sum shall be payable only at some later date."
Reference(s)
ILOAT Judgment(s): 463
Keywords:
execution of judgment; formal demand for payment; judgment of the tribunal; organisation's duties; res judicata; time limit;
Judgment 535
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1 and 3
Extract:
A staff rule stipulates that "the general method of filling vacancies is to hold a competition, and reassignment without promotion in the interest of the [organization] is an exception. [...] Whether a post should, in the interest of the Bureau, be filled without holding a competition is a matter of discretion".
Keywords:
competition; discretion; exception; organisation's duties; organisation's interest; transfer; vacancy;
Judgment 534
49th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Transfer, without change in his terms of employment to a new linguistic unit. "He will indeed never be a professional translator. Yet it was reasonable for the Director-General to expect him to be able to do worthwhile work in his new assignment. It was in the Director-General's discretion to make the transfer, and the decision was neither detrimental to the complainant's dignity nor in breach of his rights under the terms of his appointment."
Keywords:
assignment; discretion; organisation's duties; transfer;
Judgment 509
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"According to the Staff Regulations the certificate of service should relate, if the staff member so requests, to his competence, efficiency and official conduct. [...] The certificate of 28 January 1980 refers merely to reports which prospective employers may consult provided the complainant so agrees. This expedient does not comply with the actual wording of the article. Nor can prospective employers be referred to annual reports on performance. The certificate of service should be a text which is complete in itself."
Keywords:
certificate of service; formal requirements; organisation's duties;
Judgment 507
48th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The relief sought by the complainants is an order or declaration that the organisation is liable to contribute to the [social security] scheme in respect of the [gratifications] paid to the complainants. It is unusual for the Tribunal to give relief in this form, especially where third parties such as the [national] authorities are involved. The normal method of relief would be an order against the organisation that it should compensate the complainants for the loss they have sustained." [here: the difference between contributions from the organisation and contributions from the complainants]
Keywords:
competence of tribunal; contributions; injury; insurance; organisation's duties;
Consideration 9
Extract:
The Regulations provide for the organisation to contribute "to a national social security system" in respect of its employees. The organisation claims that national law is not binding upon it and that it can adopt what parts of the scheme it chooses. This is mistaken. Having voluntarily decided to contribute to the scheme and to require its employees to do likewise, the organisation has put itself under the contractual obligation to the complainants to comply fully with the scheme."
Keywords:
contract; domestic law; enforcement; insurance; organisation's duties;
Judgment 496
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 34
Extract:
Within the limits determined by the organization's interests, "the Director has the widest discretion in determining the extent of the facilities which the organization offers to the staff association and in making from time to time such changes in them as he thinks to be desirable. Changes do not have to be negotiated and agreed [...]. [The Director] may not, as is the rule in all his decisions, act without taking all the relevant facts into consideration and he can hardly do that without ascertaining the views of the staff association. But after these have been considered, the decision is for him alone."
Keywords:
abuse of power; amendment to the rules; consultation; facilities; misuse of authority; organisation's duties; staff union;
Judgment 491
48th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The Staff Regulations stipulate that a contract "may not be altered by implied or even oral agreement. The organisation may be wrong to require an official - who wishes after all to keep his employment - to provide services not stipulated in his contract. But this is not the case here."
Keywords:
amendment to the rules; contract; formal requirements; organisation's duties; terms of appointment;
Judgment 490
48th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 491, consideration 5.
Reference(s)
ILOAT Judgment(s): 491
Keywords:
amendment to the rules; contract; formal requirements; organisation's duties; terms of appointment;
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