Staff member's interest (208,-666)
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Keywords: Staff member's interest
Total judgments found: 122
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Judgment 1755
85th Session, 1998
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"[A]ny ambiguity in the Regulations the [Organisation] has issued should be construed contra proferentem and in favour of the staff."
Keywords:
interpretation; organisation's interest; pension; staff member's interest; staff regulations and rules; written rule;
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 1724
84th Session, 1998
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11-12
Extract:
"Article 3.10.4 of [IFAD's] Manual says that a decision to terminate the contract of employment of an official may be taken by the President, 'and the President alone', in the interests of the Fund. So it does vest discretion in the President to end an appointment in the Fund's interest without resort to disciplinary process. [...] Yet the Fund is mistaken [...] that the President has unfettered authority under the provision to cite the Fund's interests as grounds for dismissal. He must set out the facts fully enough to enable the Tribunal to exercise its power of review and to determine objectively whether it is indeed the Fund's interests that are the reason for the dismissal. As was held in Judgments 1234 [...] under 19 and 1496 [...] under 9, although an organization's 'own interests are paramount [...] it must still, for the sake of proper management and mutual confidence, treat its staff fairly."
Reference(s)
Organization rules reference: ARTICLE 3.10.4 OF IFAD'S MANUAL
ILOAT Judgment(s): 1234, 1496
Keywords:
discretion; duty to substantiate decision; judicial review; limits; organisation's interest; respect for dignity; staff member's interest; staff regulations and rules; termination of employment;
Judgment 1617
82nd Session, 1997
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"On the strength of the unfavourable appraisal non-renewal of her appointment may have seemed too harsh for someone who until then had had good reports which offered hope of improvement. So the [Organization] concluded that the right expedient was to give a shorter extension so that she might show her mettle. In coming to those conclusions on the evidence before him the Director-General did not go beyond the bounds of his discretion".
Keywords:
contract; different appraisals; discretion; duration of appointment; executive head; extension of contract; non-renewal of contract; proportionality; staff member's interest; unsatisfactory service; work appraisal;
Judgment 1616
82nd Session, 1997
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The mere remittance of pay does not meet the requirement of notice "unless the parties to the contract of service agree that the employee should not work out the period of notice or the Organisation puts him on special leave during that period. Failing those exceptions the employee must be given actual notice so that he may make proper arrangements for leaving and possibly look for another job. It is inadmissible that any official, let alone an established one, should be told of dismissal on the very day on which it takes effect and left to his own devices without further ado."
Keywords:
compensatory allowance; contract; effect; exception; notice; organisation's duties; permanent appointment; purpose; special leave; staff member's interest; termination of employment;
Judgment 1600
82nd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"If a decision to promote is taken against the Board's advice and on the basis of considerations other than ability and the record of performance, as prescribed in Article 49(7) of the Service Regulations, then fairness and impartiality can no longer be ensured. The reasons given for the impugned decisions are inappropriate for the promotion procedure established by Article 49 and amount to denial of the equal treatment the complainants were entitled to."
Reference(s)
Organization rules reference: ARTICLE 49(7) OF THE EPO SERVICE REGULATIONS
Keywords:
criteria; equal treatment; performance report; personal file; promotion; promotion board; qualifications; safeguard; staff member's interest; staff regulations and rules;
Judgment 1594
82nd Session, 1997
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The description and grading of the complainant's post dragged on for three-and-a-half years, and that was too long. As the Appeal Board held, "the administration has a duty to process promptly any claim to upgrading or to payment of special post allowance so that the official will not be left to suffer or to wonder what is going on.
Keywords:
administrative delay; duty of care; good faith; organisation's duties; post classification; post description; request by a party; special post allowance; staff member's interest;
Judgment 1590
82nd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The rule that any decision adversely affecting a person shall state the grounds on which it was based requires "that he be aware of them so that he may - for one thing - challenge them on appeal. He may learn of them from some other document, or from prior proceedings, or orally, or even later in answer to his objections".
Keywords:
decision; duty to substantiate decision; organisation's duties; purport; purpose; staff member's interest;
Judgment 1525
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Consulting an advisory board before the Director-General takes a decision not to extend an appointment "is no idle formality: it is supposed to afford a means of working out a fair solution. In this case it offered the hope of redeploying someone with a long record of service.Several judgments have stressed the importance of advisory boards: see for example Judgment 352 [...], under 5."
Reference(s)
ILOAT Judgment(s): 352
Keywords:
advisory body; advisory opinion; contract; decision; non-renewal of contract; organisation's interest; patere legem; procedure before the tribunal; purpose; staff member's interest;
Judgment 1502
81st Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The time limit must start at the date at which payment becomes due. If that were not so, the lapse of time would work to the claimant's detriment for as long as the rules precluded his making the claim. To make the would-be claimant wait, for any reason, before making the claim bars repayment. So the staff have grounds for supposing that they are not free [under Staff Regulation R VIII 1.01] to make claims until they can group." That being a reasonable construction, "for CERN to impose a narrower one would be an abuse of authority."
Reference(s)
Organization rules reference: CERN STAFF REGULATION R VIII 1.01
Keywords:
good faith; interpretation; no provision; staff member's interest; staff regulations and rules; time bar; time limit; written rule;
Judgment 1496
80th Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Tribunal would allow a complaint against a decision to transfer an official "if it were a hidden disciplinary sanction because there are specific procedural rules to protect a staff member when disciplinary action is taken: see for example Judgments 126, under 4 and 9, 1078, under 16, and 1407, under 18. In processing, ordering and notifying transfer an organisation must heed the staff member's dignity and good name and not cause unnecessary hardship: see Judgments 367, under 13 and 14, 631, under 27 and 28, 942, under 4, and 1234, under 15 and 19. And the decision must follow a proper enquiry: see Judgment 942, under 4."
Reference(s)
ILOAT Judgment(s): 126, 367, 631, 942, 1078, 1234, 1407
Keywords:
abuse of power; case law; due process; hidden disciplinary measure; inquiry; investigation; misuse of authority; moral injury; organisation's duties; respect for dignity; staff member's interest; transfer;
Consideration 13
Extract:
"The abruptness of the complainant's transfer could scarcely be put down to the Organization's needs. [...] His new job was not on a par with the old one or in keeping with his qualifications. [...] The manner of it was calculated to offend his dignity, and the FAO proved inconsiderate. The conclusion is that its unlawful behaviour and the seriousness of its offence warrant redress. The letter of appreciation that the Director-General sent him on retirement will not suffice since it failed to acknowledge the unnecessary injury he had suffered."
Keywords:
compensation; moral injury; organisation's duties; respect for dignity; staff member's interest; transfer;
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 1477
80th Session, 1996
International Training Centre of the International Labour Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The rule that a selection committee may not delegate its authority unless provided for under the Staff Regulations "is even more important where, as in this case, the membership of the body that purports to delegate affords the staff special safeguards. Since the panel's members came mostly from the management side it was no offshoot of the Selection Committee".
Keywords:
competition; composition of the internal appeals body; delegated authority; safeguard; selection board; staff member's interest;
Consideration 10
Extract:
"When [a selection] process proves flawed the Tribunal will quash any decisions it engendered and order resumption with due heed to the rules, albeit on the understanding that the organisation must shield the successful candidate from any injury that else may flow from the quashing of an appointment accepted in good faith."
Reference(s)
ILOAT Judgment(s): 1359
Keywords:
appointment; competition; competition cancelled; flaw; injury; procedural flaw; staff member's interest;
Judgment 1468
80th Session, 1996
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The case turns on a question whose answer may affect another official adversely. "She is invited to make such submissions to the Tribunal as she thinks fit, and to do so within thirty days of her receiving the text of the present judgment, which is an interlocutory order. The Union and the complainant may each file observations within a time limit of thirty days from the date of receipt of a copy of her submissions."
Keywords:
additional written submissions; further submissions; interlocutory order; staff member's interest; submissions; time limit;
Judgment 1451
79th Session, 1995
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
"The [organisation pleads] that to quash a general decision on an application from a few might damage the interests of others who wanted it to remain in force. The plea is certainly material since [...] the staff of the UPU seem to disagree about the amendment [in question]. But the Tribunal is satisfied that when a decision has been challenged, albeit by only a few, it has a duty to rule in full objectivity and as soon as possible. The Union itself has well defended the interests of those who want to keep the decision, and they themselves may do so by filing applications to intervene."
Keywords:
amendment to the rules; application for quashing; complaint; general decision; intervention; receivability of the complaint; staff member's interest; staff regulations and rules;
Judgment 1444
79th Session, 1995
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"Supervisors do not have to have identical opinions [regarding the evaluation of a staff member's performance]: indeed it is a safeguard for any staff member to be evaluated by more than one supervisor and to have them bring possibly different views to bear."
Keywords:
different appraisals; performance report; safeguard; staff member's interest; supervisor; work appraisal;
Judgment 1424
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
In the absence of implementing provisions, "what is required is a reasonable construction of the rule that heeds the rightful interests of staff and organisation alike."
Keywords:
criteria; enforcement; interpretation; organisation's interest; staff member's interest; staff regulations and rules; written rule;
Judgment 1419
78th Session, 1995
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 30
Extract:
Since 1982 the ESO has aligned its salary policy with that of the European co-ordinated organisations. "The ESO might no doubt change the reference mark or the arrangements provided that it abided by the procedures and forms prescribed for the purpose in its own rules and regulations. But so long as the present arrangements hold good, its staff are entitled to the safeguards of objectivity and stability they afford. The ESO may not remove such safeguards because of prevailing circumstances or a mere wish to do so."
Keywords:
acquired right; organisation's duties; patere legem; rule of another organisation; security of tenure; staff member's interest; staff regulations and rules;
Judgment 1412
78th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant may not, "in the context of a challenge to the choice of career path, object to earlier delays which he believes held up his advancement. Nor has he any grounds for saying that putting him on path V may 'discourage' him: CERN's evident purpose in making such ambitious reforms is to act in the general interest and try to ensure equal treatment for all its staff."
Keywords:
assignment; career; delay; equal treatment; organisation's interest; procedure before the tribunal; promotion; staff member's interest;
Judgment 1406
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The Tribunal is quite satisfied on the evidence that the complainant was not treated as she ought to have been. It is true that the French government was to blame for the shilly-shallying and shifts of attitude she had to put up with [...] but the organization's fault, though limited, is beyond dispute."
Keywords:
injury; liability; member state; organisation's duties; staff member's interest;
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