Duty to inform (204,-666)

You searched for:
Keywords: Duty to inform
Total judgments found: 158

< previous | 1, 2, 3, 4, 5, 6, 7, 8 | next >

• Judgment 1815

  
  86th Session, 1999
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The Board responsible for appraising the complainant's application for personal promotion had put forward a negative recommendation. "To ensure due process both in internal proceedings and before the Tribunal the staff member must get any items of information material to the outcome. And one such item is the names of the Advisory Body's members. Who they are may of course affect its reasoning and the weight its report carries, and so the staff member should be allowed at least to comment. That is why the Tribunal will acknowledge a complainant's right to know who sat in his case."

  Keywords:

  advisory body; advisory opinion; composition of the internal appeals body; duty to inform; organisation's duties; personal promotion; promotion; refusal; right to reply; staff member's interest;
  

  
  
  

• Judgment 1814

  
  86th Session, 1999
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "Though the Director General does have discretion [as to who may be considered as a dependent child], the staff member must be made aware of any criteria he is applying." (See Judgment 1204.)

  Reference(s)

  ILOAT Judgment(s): 1204
  

  Keywords:

  criteria; dependant; dependent child; discretion; duty to inform; executive head; family allowance; limits; organisation's duties; parent;
  

  
  
  

• Judgment 1780

  
  85th Session, 1998
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6(a)

  Extract:

  "According to consistent precedent both employer and employee must show good faith. For the Organisation, that means giving its staff notice of any facts or rules that may influence their dealings with it [...]. But [...] the Organisation will not be financially liable unless the staff member has suffered financial injury."

  Keywords:

  case law; duty to inform; good faith; injury; liability; material injury; organisation; organisation's duties; staff member's interest;
  

  
  
  

• Judgment 1764

  
  85th Session, 1998
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainant is accused of having cheated the Organisation by falsifying airline tickets intended for official travel. "[A]lthough in all fairness an organisation must tell the staff member of the charges against him, it need not go into the detail of the penalties he may be incurring. Besides, the complainant must be deemed to have been familiar with the [staff] rules, and they do set out all the penalties, including dismissal. The staff member's right to know and to answer the charges against him does not require that he be told just what the punishment may be if he is found guilty."

  Keywords:

  disciplinary measure; disciplinary procedure; duty of loyalty; duty to inform; duty to substantiate decision; honesty; limits; organisation's duties; purport; staff regulations and rules;
  

  
  
  

• Judgment 1756

  
  85th Session, 1998
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10(b)

  Extract:

  "An organisation may not deny an employee access to any significant information which it has about him and which is or may later be put in his personal file. For one thing, such information may be helpful or harmful to him; for another, he must have the opportunity of challenging or adding to it."

  Keywords:

  duty to inform; organisation's duties; personal file; right of appeal;
  

  
  
  

• Judgment 1736

  
  85th Session, 1998
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "Of course the first report should have been done earlier and the complainant is right enough to cite Rule 540.1. but [...] he was himself largely to blame for the delay, not having filled up the report form until [a given date]. Besides, his second- level supervisor had told him orally, before putting it in the report, that he was not cooperative enough. It is plain on the evidence that he knew full well that his performance had been found wanting; so he may not properly argue that he was told too late to be able to improve."

  Reference(s)

  Organization rules reference: STAFF RULE 540.1
  
  

  Keywords:

  complainant; date; delay; duty to inform; liability; performance report; period; staff regulations and rules; work appraisal;
  

  
  
  

• Judgment 1734

  
  85th Session, 1998
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3(g)

  Extract:

  "An organisation does have a duty to spare the staff member unnecessary injury and, if it sees a blatant procedural mistake, must, if possible, alert him to it."

  Keywords:

  duty to inform; injury; organisation's duties; procedure before the tribunal; staff member's interest;
  

  
  
  

• Judgment 1728

  
  84th Session, 1998
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 16

  Extract:

  "As for the right to be heard before termination, it must of course be respected where there is a proposal to terminate an appointment for disciplinary reasons or for unsatisfactory performance. A reduction-in-force committee does not, however, make findings of that kind but performs very different functions. That is clear from Manual paragraph II.9.340.3, which requires assessment 'essentially' on the basis of appraisal reports and other written records of performance and service."

  Keywords:

  complainant; confidential evidence; duty to inform; internal appeals body; limits; organisation's duties; personal file; selection board;
  

  
  
  

• Judgment 1702

  
  84th Session, 1998
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "Neither of the parties informed the Tribunal of the FAO's decision of 19 June 1995 to recognise the complainant's illness as service-incurred." Having been accordingly unaware of that fact when it delivered Judgment 1486 on 1 February 1996, the Tribunal "regards that failure as a breach of the courtesy which the parties owed it."

  Reference(s)

  ILOAT Judgment(s): 1486
  

  Keywords:

  application for execution; case pending; decision; duty to inform; judgment of the tribunal; procedure before the tribunal; tribunal;
  

  
  
  

• Judgment 1639

  
  83rd Session, 1997
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  The Director-General took the view that since the complainant admitted misconduct there was no need to give her any opportunity of defending herself. "The defendant's argument is mistaken. Before it notified to her the decision of summary dismissal it had brought no charges against her, and she therefore had no case to answer. And once it had made the decision to dismiss her without giving her a prior hearing, it had already acted in breach of due process. [...] An international organisation must inform the staff member of any charges it is levelling against him and give him the opportunity of answering before it takes any disciplinary action: audi alteram partem is a requirement it must observe in all circumstances. [...] Even though she had admitted to the incident, she did not on that account forfeit her right to be heard, be it to make a plea in mitigation or to give her own version of the facts or to raise any other issue she wished in her own defence."

  Keywords:

  adversarial proceedings; complainant; disciplinary measure; duty to inform; mitigating circumstances; organisation's duties; right; right to reply; serious misconduct; summary dismissal; termination of employment;
  

  
  
  

• Judgment 1614

  
  82nd Session, 1997
  International Fund for Agricultural Development
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  "Contrary to what the complainant alleges, the reasons for abolishing her post were objective and had nothing to do with her own personality or performance. The decision cast no slight on her integrity and was no affront to her dignity. Her supervisors kept her informed orally and in writing about the progress of the reforms and about her own status. They thereby showed a wish to prepare her for the consequences and no bad faith may be imputed to them. The conclusion is that the defendant caused her no unnecessary or undue injury."

  Keywords:

  abolition of post; duty to inform; good faith; lack of injury; moral injury; organisation's duties; respect for dignity;
  

  
  
  

• Judgment 1556

  
  81st Session, 1996
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  "In any event [the complainant] may not plead want of due notice [...]. Having been well aware as early as [53 days before] of the sort of post she was to get and of her duty station, she may not properly plead bad faith."

  Keywords:

  assignment; complainant; duty station; duty to inform; good faith; organisation's duties; post; post description; transfer;
  

  
  
  

• Judgment 1526

  
  81st Session, 1996
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "Good faith must govern relations between administration and official [...]. It requires each party to a contract to let the other have beforehand any material information on points that may reasonably be seen as decisive. Whether a post is of limited or unlimited duration need not be a matter of indifference to the candidate since the duration may affect stability of employment. The Tribunal is not satisfied, however, and indeed doubts that the want of information influenced the complainant one way or the other."

  Keywords:

  acceptance; appointment; duration of appointment; duty to inform; offer; organisation's duties; post; security of tenure;
  

  
  
  

• Judgment 1479

  
  80th Session, 1996
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  "The Tribunal has often affirmed the principle of good faith by which international organisations are bound and their duty to treat their staff members with consideration and fairness. It has also affirmed - for example in Judgment 946 [...] - the staff member's right to be kept informed of any action that may affect his legitimate interests."

  Reference(s)

  ILOAT Judgment(s): 946
  

  Keywords:

  case law; duty to inform; general principle; good faith; organisation's duties; respect for dignity; staff member's interest;
  

  
  
  

• Judgment 1386

  
  78th Session, 1995
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 21

  Extract:

  "The administration is [...] at fault for not giving the complainant sufficient warning that there had been criticism of him and the success of his probation was in jeopardy. The organisation contends that he did get several oral warnings. Yet, contrary to the requirements of due administrative process, the file contains no evidence of such warnings, or their date or substance. The Tribunal is therefore unable to assess their scope."

  Keywords:

  due process; duty to inform; probationary period; procedural flaw; qualifications; termination of employment; warning;
  

  
  
  

• Judgment 1369

  
  77th Session, 1994
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 30

  Extract:

  Ever since Eurocontrol signed an agreement with the union "the staff have had access through their representatives to the relevant information and have been able to look at proposals in close cooperation with management and in keeping with the procedure for consultation. The organisation was therefore not required to state again reasons which it had already revealed in the consultations."

  Keywords:

  collective bargaining; consultation; duty to inform; duty to substantiate decision; limits; procedure before the tribunal; staff union; staff union agreement;
  

  
  
  

• Judgment 1347

  
  77th Session, 1994
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  The complainant received financial aid from the PAHO to pursue her studies. Her university waived part of her tuition fees so that the cost to her was less than the amount she collected. "The conclusion is that she did not take sufficient care to make full disclosure to the organization of the assistance given by the university."

  Keywords:

  allowance; amount; duty to inform; education expenses; refund; staff member's duties; unjust enrichment;
  

  
  
  

• Judgment 1319

  
  76th Session, 1994
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "By causing or allowing [a delay of more than one year between the internal appeal and the final decision] and by denying the Board of Appeal the information which would have enabled it to give a timely and complete opinion on the complainant's case the organization fell short of the requirements of due administrative process and of the standards of care it must apply to its staff. In the circumstances, the complainant is entitled to the sum [...] she has claimed in damages and costs."

  Keywords:

  administrative delay; costs; due process; duty to inform; internal appeals body; material damages; moral injury; organisation's duties;
  

  
  
  

• Judgment 1314

  
  76th Session, 1994
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  The complainant, who got assurances from the ILO that it was not going to fill a post in which he was interested, alleges on the basis of a list of staff movements that the organization had filled the post without holding an internal competition. It turns out that the list contained an error, of which the ILO failed to give the complainant notice, and the post had not been filled. The Tribunal holds that he did not suffer any injury on account of the alleged decision he impugns, but holds that the ILO left the matter uncertain for several months. There being no decision for the Tribunal to quash, his claims fail save the one to an award of costs.

  Keywords:

  absence of final decision; costs; duty to inform; internal competition; lack of injury; organisation's duties; post;
  

  
  
  

• Judgment 1298

  
  75th Session, 1993
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  Vide Judgment 1154, consideration 4.

  Reference(s)

  ILOAT Judgment(s): 1154
  

  Keywords:

  case law; contract; decision; discretion; duty to inform; duty to substantiate decision; fixed-term; judicial review; non-renewal of contract; organisation's duties;
  

< previous | 1, 2, 3, 4, 5, 6, 7, 8 | next >