Duty to inform (204,-666)
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Keywords: Duty to inform
Total judgments found: 158
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Judgment 660
56th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In the absence of a provision which says that any decision should mention the procedure for challenging it, the organisation was not bound to indicate in its decision [...] on the internal 'complaint' the possibility of challenging it before the Tribunal. Such information would, however, have been desirable since the distinction between a 'request' and a 'complaint' under [Staff Regulations] is not obvious. in giving such information the organisation would indeed have been following the practice in other organisations."
Keywords:
decision; duty to inform; internal appeal; no provision; procedure before the tribunal; right of appeal;
Judgment 659
56th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 660, consideration 4.
Reference(s)
ILOAT Judgment(s): 660
Keywords:
decision; duty to inform; internal appeal; no provision; procedure before the tribunal; right of appeal;
Judgment 617
53rd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Nor is the [organisation] liable for a direct and inevitable consequence of the protocol and the agreement. The complainant may not have been aware of what the texts said [...] but the administration cannot on that account be held liable for failing to give him express warning of his tax liability. It is obvious that tax liability depends not on warnings or information from the personnel office but on the [organisation's] official agreements with States."
Keywords:
duty to inform; headquarters agreement; organisation; privileges and immunities;
Judgment 543
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"There are [...] some well established limits to this obligation. Whatever the place of assignment, the post must be one as to which the duties of the post are set out in a post description, are within the capacity of the staff member and are not degrading. A staff member is not obliged to go to a place where she might have to run unacceptable risks of injury or ill health. in certain circumstances it may be the duty of the organization to consult with the staff member and take her views into account." Subject to limitations of this character, the matter falls under the Director's discretionary authority.
Keywords:
assignment; discretion; duty station; duty to inform; limits; post description; special hazard;
Judgment 447
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
There was no violation of the statutory provisions if they prescribe no date by which a post description must be communicated, if the official was apprised of her duties before taking them up and if it was possible for her to obtain the said description.
Keywords:
duty to inform; organisation's duties; post description;
Judgment 364
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"It is of course open to argument whether there is any duty upon the organization to give correct information in matters relating to a staff member's rights in the fund, and if so, whether the information given is correct or not. [...] But this is an issue [...] on which the Director-General has never [decided]. [...] It was one which called for a new decision." Insofar as it concerns this information, the complaint is receivable.
Keywords:
duty to inform; participation; pension; right; unjspf;
Judgment 323
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"Council decisions in staff matters are to be read as an instruction to the Director-General. It is his duty to put them into a form which clearly conveys to the official in precisely what way his rights are affected. It is the Director-General's decision which the official is entitled to have [...]."
Keywords:
decision; duty to inform; enforcement; executive body; executive head;
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 3
Extract:
The organisation, "in its capacity as an employer bound to safeguard the lawful interests of its staff [...] is as a rule bound to inform its staff members of requests for information about them [...]" This is an implicit statutory obligation. "In view of the possible consequences of a breach it is in fact a legal duty and not just a rule of courtesy or expediency."
Keywords:
communication to third party; duty to inform; enforcement; organisation; personal file; staff regulations and rules;
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 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 245
33rd Session, 1974
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainant cannot properly take the [organisation] to task for appointing him without informing him of its general practice of not granting fixed-term appointments of more than five years' duration. It may of course be regrettable that he was not informed at the outset of that restriction, as new staff members [...] apparently now are. But since he should have expected his appointment to be terminated [...] he cannot found any claim on the omission which he attributes to [the organisation]."
Keywords:
contract; contributory service; duration of appointment; duty to inform; fixed-term; forfeiture of benefit; limits; negligence; non-renewal of contract; organisation;
Judgment 232
32nd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[S]ince the complainant had let it be clearly understood that he would not attend the meeting and would be represented at it, the fact that he was not told of its exact date is immaterial to the propriety of the proceedings."
Keywords:
complainant; counsel; date; duty to inform; flaw; internal appeal; internal appeals body; procedural flaw; procedure before the tribunal; right to reply;
Judgment 208
30th Session, 1973
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainant may not [...] properly rely upon the failure to publish [recruitment] standards which apply to staff members recruited after his own appointment and which therefore do not directly concern him."
Keywords:
amendment to the rules; duty to inform; lack of injury; no cause of action; non-retroactivity; provision; receivability of the complaint; staff regulations and rules; terms of appointment;
Judgment 168
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In support of her argument that she is not bound by the material provision, the complainant contends that the provision does not apply to her because it was not brought to her knowledge and accepted by her at the time of her appointment. The plea fails. "The contract was expressly made subject to the Staff Rules and Regulations and it is not necessary that any particular rule should be brought to the notice of the employee or specifically accepted by her."
Keywords:
condition; contract; duty to inform; enforcement; provision; staff regulations and rules; terms of appointment;
Judgment 167
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 168, consideration 3.
Reference(s)
ILOAT Judgment(s): 168
Keywords:
condition; contract; duty to inform; enforcement; provision; staff regulations and rules; terms of appointment;
Judgment 154
23rd Session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2(D)
Extract:
The demonstrations to which the complainant's arrival had given rise led the organisation to order the complainant's transfer. It is regrettable that before assigning the complainant to his post the organisation should not have satisfied itself that his assignment would raise no difficulties. "However, the complainant could not fail to be aware of the difficulties to which his assignment [...] might give rise, and he cannot therefore properly complain that the organisation lacked information which according to the normal standards of good faith he himself should have supplied."
Keywords:
conduct; duty to inform; good faith; grounds; organisation's duties; organisation's interest; transfer;
Judgment 132
21st Session, 1969
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Whereas the complainant had to be informed beforehand that his transfer was contemplated, since this was a measure affecting him personally and entailing a major change of residence [...] all the circumstances on which the competent authority based its decision were [...] known to the complainant [...] he had commented on them at length [...] his chief had [...] warned him [...] that [...] the existing situation could not but seriously impair the satisfactory operation of the [service]."
Keywords:
duty to inform; grounds; notice; organisation's interest; right to reply; transfer;
Judgment 55
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
As the complaint was not filed within the time limit provided for under Article VII, paragraph 2, of the Statute of the Tribunal, it is not receivable. "It is to no purpose that the complainant alleges that she was unaware of the conditions under which she had access to the Tribunal, since she had been provided with a copy of the Staff Rules of the organization, articles [...] of which make provision both for access to the Tribunal and for the availability of the Statute of the Tribunal."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE
Keywords:
complaint; duty to inform; iloat statute; receivability of the complaint; staff regulations and rules; time bar; time limit;
Judgment 53
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"While there is no positive obligation for the organization to brief an official as to living conditions at his future duty station, where the organization undertakes to provide such briefing, it must do so carefully and realistically." In the present case, it was for the complainant to make arrangements, in the light of the information supplied, of his personal circumstances and the amount of his remuneration, "it being neither incumbent upon, nor possible for, the organization to advise him in the matter."
Keywords:
duty station; duty to inform; organisation's duties; terms of appointment; working conditions;
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