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 378
42nd Session, 1979
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
According to the applicable provisions, the Director-General is entitled to abolish posts, with due respect for given criteria. The Director-General had to abolish posts and did not disregard the material criteria. The organisation was under no duty to take extraordinary temporary measures; the provisions in force in other organisations are not relevant. The dismissal was therefore valid.
Keywords:
abolition of post; discretion; organisation's duties; termination of employment;
Judgment 367
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"Just as it is implicit in every contract of service that the staff member shall be loyal, shall treat his superiors with due respect and shall guard the reputation of the organization, so it is implicit that the administration in its treatment of staff members shall have a care for their dignity and reputation and shall not cause them unnecessarily personal distress."
Keywords:
general principle; organisation's duties; organisation's reputation; professional injury; respect for dignity; staff member's duties; supervisor;
Summary
Extract:
After 20 years of "laudable service", the complainant, a "valuable member of [the organization's] staff" was transferred. The organization, in its treatment of the complainant, failed in its obligation to show due regard for his dignity and reputation; the Director-General's apology did not remedy the situation.
Keywords:
moral injury; organisation's duties; respect for dignity; satisfactory service; transfer;
Consideration 16
Extract:
"Often distress and disappointment cannot be avoided but, where [they], can be, [they] should be. As in all organisations, the staff member must take the rough with the smooth and there are bound in management to be pieces of clumsiness or tactlessness which can be sufficiently smoothed over by apology or explanation."
Keywords:
moral injury; organisation's duties; working relations;
Judgment 361
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 42
Extract:
"The Tribunal concludes that the injury done to the complainant's feelings and reputation is so grave as to amount to a breach of obligation which calls for compensation. There must also be considered under this head the failure of the organisation to do all that is practicable to see that a staff member is given work and responsibility appropriate to his grade." [The complainant was summarily relieved of his duties as acting director of his division and left idle.]
Keywords:
moral injury; organisation's duties; professional injury; refusal to assign work;
Consideration 9
Extract:
Vide Judgment 367, consideration 16.
Reference(s)
ILOAT Judgment(s): 367
Keywords:
organisation's duties; organisation's reputation; professional injury; respect for dignity; staff member's duties; supervisor;
Consideration 9
Extract:
Vide Judgment 367, consideration 16.
Reference(s)
ILOAT Judgment(s): 367
Keywords:
moral injury; organisation's duties; working relations;
Judgment 359
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"[I]t appears from the evidence in the dossier that the circumstances in which the complainant's appointment ended amount to an abuse of authority." [no description of post, no detailed comment on his performance, hence either omission of essential facts or clearly mistaken conclusions from the facts, hence quashing of decision.]
Keywords:
abuse of power; contract; disregard of essential fact; fixed-term; mistaken conclusion; misuse of authority; non-renewal of contract; omission; organisation's duties; performance report; post description;
Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The language and form of the document and the circumstances in which it was executed support the view that the organization intended to make a commitment, albeit one that was subject to conditions. "Owing to its failure to distinguish between a contract to appoint and the fact of appointment itself, the organization erroneously believed that it would not be legally bound until the appointment was actually made."
Keywords:
appointment; condition; consequence; contract; formal requirements; intention of parties; organisation's duties;
Judgment 333
40th Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The members of a committee set up to examine appeals against post grading decisions began their work and subsequently resigned. Instead of following the recommendations already made by the old committee, the Director-General set up a new one. He was therefore bound to start the proceedings all over again. To be lawful the new committee's recommendations could only be made after hearing the persons concerned. The Director-General's decisions based on unlawful recommendations are quashed. The case is "referred back to the Director-General for a new decision, to be taken after due consultation of the [...] grading appeals committee."
Keywords:
flaw; internal appeals body; organisation's duties; procedural flaw; procedure before the tribunal; recommendation;
Judgment 325
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant refused two posts successively. The evidence shows that "he was consulted before any decision was taken. Such consultation was an essential formality, but in this case adequate. In particular, as appears from the [applicable] texts, the complainant did not have to give his prior consent."
Keywords:
complainant; consultation; organisation's duties; refusal; transfer;
Judgment 323
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Bearing in mind that the salary scales are established in consultation and on the basis of [certain] guiding principles, it is [the Director-General's] duty in making revisions to have regard to the guiding principles. Subject to this, his power to fix salary scales under [the applicable provision] is a discretionary one."
Keywords:
amendment to the rules; discretion; organisation's duties; salary; scale;
Consideration 21
Extract:
"Many of the obligations put upon the organization by the [Staff] Regulations are in general terms, leaving the organization free to choose its own method of discharging them. [...] Once it is settled, [the method] becomes, until it is altered, part of the obligation. [...] Until [a] change is made, an official is entitled to have the obligation discharged in the manner selected by the organization itself [...]."
Keywords:
amendment to the rules; discretion; enforcement; organisation's duties; practice; staff regulations and rules;
Consideration 20
Extract:
Under the applicable provision, the Director-General is required "to fix [general service] salary scales on the basis of the best prevailing conditions. This is an obligation of a very general character and the Director-General has a very wide discretion as to how he will carry it out."
Keywords:
discretion; flemming principle; general service category; organisation's duties; salary; scale;
Consideration 23
Extract:
"Every time the organization commits a breach of an obligation, it necessarily decides to commit that breach. No matter how often a similar breach is repeated, it is not the same breach nor the same decision, and it gives rise to a fresh cause for complaint. [I]f an organisation is in continuing breach a complaint alleging the breach may be made at any time [...]."
Keywords:
complaint; continuing breach; organisation's duties; receivability of the complaint;
Judgment 321
39th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant's contract, a fixed-term appointment, expired. "The very fact that the Director-General gave him several short extensions of appointment shows that the organization did indeed try to keep him on the staff by granting him an appointment of longer duration. Although he applied unsuccessfully for many vacancies, it was for the Director-General alone, since he is responsible for the efficient running of the organization, to decide whether to offer the complainant any of those vacancies. Besides, because of his grade [D.1] few posts could be offered to him."
Keywords:
contract; discretion; fixed-term; non-renewal of contract; organisation's duties; short-term; successive contracts;
Judgment 283
37th Session, 1976
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
No provision requires "that a staff member be informed of the recommendations made by the competent advisory board with regard to his claim. Those recommendations are intended solely to assist the decision-making authority. The contentious nature of the administrative proceedings is respected by notification to the staff member of the decisions taken by the administration in the light of the board's report and by allowing him to reply to those decisions and that report after studying the whole of his file."
Keywords:
adversarial proceedings; advisory body; advisory opinion; disclosure of evidence; organisation's duties; request by a party; right to reply;
Judgment 271
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The words [in the material provision] are an abbreviated way of saying that the organization shall pay the reasonable expenses of the journey to and from the home. This means the reasonable expenses for the whole journey and not just a part of it. The Director-General may settle the details of the way in which the regulation is to be applied - he may, for example, rule that reasonable expenses do not cover first-class travel or an indirect route - but he may not alter the sense of it."
Keywords:
amount; home leave; interpretation; organisation's duties; provision; purpose; rate; refund; staff regulations and rules; travel expenses;
Judgment 269
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[T]here is a general principle whereby an organisation may not terminate the appointment of a staff member whose post has been abolished, at least if he holds an appointment of indeterminate duration, without first taking suitable steps to find him alternative employment."
Keywords:
abolition of post; contract; organisation's duties; permanent appointment; reassignment; termination of employment;
Judgment 256
34th Session, 1975
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"In certain circumstances information which third parties seek from the organisation about its officials may be used to the prejudice of the latter. Hence, in its capacity as an employer bound to safeguard the lawful interests of its staff members insofar as is compatible with its own interests and those of third parties, the organisation is as a rule bound to inform its staff members of requests for information about them before answering such requests, in particular to enable staff members to prevent the injurious effects of using the information divulged."
Keywords:
communication to third party; duty to inform; organisation; organisation's duties; personal file;
Consideration 3
Extract:
The organisation provided a third party with an attestation on the complainant's recruitment and private life. "[I]n failing to inform the complainant of the request for information about him the organisation failed to perform a duty by which it was bound [...] The fact that the attestation contained only information which had been published or was a matter of public knowledge is not decisive. The most that can be said is that that fact would have relieved the organisation of the duty to consult the complainant if the information sought had plainly not been of such a nature as to cause him any prejudice whatever. Such was not the case, however".
Keywords:
communication to third party; confidential evidence; duty to inform; injury; organisation's duties; personal file;
Consideration 7
Extract:
"By virtue of Article 4.12 of the Staff Regulations each staff member may freely consult his personal file. Like any public administration, however, the organisation is entitled not to put in an official's personal file some of the documents which concern him, that is keep such documents secret from him."
Reference(s)
Organization rules reference: ARTICLE 4.12 OF ILO STAFF REGULATIONS
Keywords:
confidential evidence; disclosure of evidence; duty to inform; organisation's duties; personal file;
Judgment 254
34th Session, 1975
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant contends that his supervisor failed to discuss his conclusions with him as required by the applicable provision. "Non-compliance with these requirements does not however ipso facto invalidate a report. In the present case it is clear from the facts in the dossier that discussion would have served no useful purpose."
Keywords:
flaw; lack of injury; organisation's duties; performance report; rebuttal; right to reply;
Judgment 247
33rd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"The Tribunal will assume, without deciding the question, that it is within the competence of a division director to delegate his authority in certain matters to one of the officers in his division. But if that is to be done, clear words must be used which leave the other officers in no doubt that one who is hierarchically their equal is being invested with the right to command."
Keywords:
delegated authority; duty to inform; executive head; organisation's duties; supervisor;
Judgment 246
33rd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(a)
Extract:
"The decisions to grant the complainant only fixed-term appointments did not infringe any provision of the [...] Regulations and may not be regarded as being ultra vires or as misuse of authority as indeed the complainant himself acknowledged in accepting the offers of appointment."
Keywords:
acceptance; complainant; contract; fixed-term; organisation's duties; successive contracts;
Consideration 2
Extract:
The organization "is not bound to grant appointments in such terms as to confer on staff members maximum benefit from the fund. On the contrary, although it is of course required to take account of the legitimate interests of staff members on recruitment, in doing so it cannot overlook its own interests."
Keywords:
contract; fixed-term; forfeiture of benefit; organisation's duties; organisation's interest; participation; pension; staff member's interest; terms of appointment; unjspf;
Judgment 245
33rd Session, 1974
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
[T]he refusal of the complainant's request to extend his contract "deprives him of his pension entitlements. It therefore has substantial effects on the financial interests of a staff member whose services were consistently regarded by [the organisation] as satisfactory."
Keywords:
consequence; contract; extension of contract; fixed-term; non-renewal of contract; organisation's duties; participation; pension; refusal; unjspf;
Consideration 3
Extract:
The director of personnel had informed the complainant that fixed-term contracts "[...]'can be followed by [further] fixed-term contracts depending upon the needs of the [organisation's] programme and work performances of the staff member concerned'. The complainant could not infer from that statement [...] any right to continue in the [organisation's] service until completion of the programme to which he had been assigned and for as long as his work performance was satisfactory. On the contrary, by using the word 'can' the [organisation] reserved the right to terminate his appointment even if the stipulated conditions were fulfilled."
Keywords:
condition; contract; extension of contract; fixed-term; non-renewal of contract; organisation's duties;
Judgment 243
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The organisation, "instead of terminating the complainant's services as soon as it realised his inability to work in an international organisation, ¨[...] found him other work; but again he proved incompetent. It offered him field posts; but he refused them. It is clear therefore that he was treated with consideration."
Keywords:
contract; fitness for international civil service; fixed-term; non-renewal of contract; organisation's duties; unsatisfactory service;
Consideration 4
Extract:
"[T]he complainant alleges that the nature of his duties did not match the description in his contract of appointment. It is inherent, however, in the nature of his supervisory authority that a head of branch should be free to employ his subordinates in the best interests of his branch with due regard to their qualifications. At the highest level, moreover, the Director-General enjoys similar authority [...] to safeguard the interests of the organisation."
Keywords:
assignment; contract; difference; discretion; executive head; organisation's duties; organisation's interest; post description; supervisor;
Judgment 232
32nd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"No general principle of law bars one organisation from communicating to another information on its former employees, provided that such information is materially correct and related to the employees' professional qualifications and is not given with malicious intent."
Keywords:
communication to third party; organisation; organisation's duties; other; personal file; work appraisal;
Judgment 230
32nd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"In the circumstances of the case under consideration, the omission to take account of the complainant's situation in respect of membership of the pension fund constituted a fact which must be described as essential."
Keywords:
disregard of essential fact; organisation's duties; participation; unjspf;
Considerations
Extract:
"[T]he complainant was deprived of full participation both by his own negligence and by an omission on the part of the organization. It is therefore proper to meet the complainant's claims in part by ordering the organization to pay the complainant from the date of his retirement half the amount of the pension to which he would have been entitled as a full participant in the Joint Staff Pension Fund."
Keywords:
complainant; forfeiture of benefit; negligence; organisation; organisation's duties; participation; pension; unjspf;
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