Staff member's interest (208,-666)
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Keywords: Staff member's interest
Total judgments found: 122
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Judgment 1399
78th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"As the Tribunal acknowledged in Judgment 885, an organisation may find it awkward in all sorts of ways to defend its case when a complainant is stubbornly bent on indiscriminate exercise of the right of appeal. But the issues the present complainant has raised are not such that the Tribunal sees his complaint as any abuse of his right of appeal. That right is a safeguard for organisation and staff alike and the exercise of it is to be denied only in extreme and quite exceptional cases."
Reference(s)
ILOAT Judgment(s): 885
Keywords:
organisation's interest; right of appeal; safeguard; staff member's interest; vexatious complaint;
Judgment 1392
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
Because of the functions the Regulations confer on an appeals body, it is bound "to take a stand on many an issue that affects or may later affect its ownmembers as [employees of the organisation]. That is true of any court of administrative law, which may have to make rulings that affect its own members as individual citizens. The universal experience of the judiciary is that the duty of independence may be fully respected even in such circumstances."
Keywords:
composition of the internal appeals body; independence; internal appeals body; staff member's interest;
Judgment 1390
78th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
"To what extent must an administration substantiate its decisions? The answer is that it depends on the sort of decision that is to be substantiated. In the present case a distinction must be drawn between the rejection of an external application, particularly where a competition has attracted many candidates, and the rejection of an application by a serving official. In the latter case the organisation has a duty to maintain the relations of trust it has with the staff member, and although it must remain free to choose how it will notify the reasons to him it must be wary of damaging his career prospects."
Keywords:
appointment; candidate; competition; competition cancelled; discretion; duty to substantiate decision; internal candidate; organisation's duties; purport; refusal; staff member's interest;
Judgment 1386
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
The Tribunal holds that since the notice of vacancy "had to be in general enough terms to attract a wide variety of applicants it cannot be regarded as a specific enough job description to be of use to the official."
Keywords:
competition; post description; staff member's interest; vacancy notice;
Judgment 1376
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The purpose of Headquarters Board of Appeal's rules of procedure is "to promote the expeditious and orderly hearing of appeals, not to deprive appellants of any right of appeal conferred on them by the Staff Rules."
Keywords:
due process; internal appeal; internal appeals body; organisation's duties; purpose; right of appeal; staff member's interest; staff regulations and rules; time limit;
Consideration 13
Extract:
"According to the case law - see for example Judgment 607 [...] under 8 - though the rules on internal appeals must be respected because proper administration so requires, 'they are not supposed to be a trap or a means of catching out a staff member who acts in good faith'."
Reference(s)
ILOAT Judgment(s): 607
Keywords:
case law; good faith; internal appeal; internal remedies exhausted; organisation's duties; organisation's interest; right of appeal; staff member's interest; time limit;
Consideration 19
Extract:
"Any organisation that is serious about deterring sexual harassment and consequential abuse of authority by a superior officer must be seen to take proper action. In particular victims of such behaviour must feel confident that it will take their allegations seriously and not let them be victimised on that account. In this case the WHO has utterly failed to protect the complainant's rights."
Keywords:
abuse of power; bias; breach; misuse of authority; moral injury; negligence; organisation's duties; right to reply; sexual harassment; staff member's interest; supervisor;
Judgment 1370
77th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"Judgment 1317 [...] brought out the need for a properly functioning internal appeal procedure, of which the Appeal Board is an essential part. In this case the Board took far too long to report and failed to perform its function properly. Although in the circumstances the shortcomings of the appeal procedure may not be deemed to constitute bad faith, the ITU was negligent and caused the complainant injury. On that account it must afford him redress."
Reference(s)
ILOAT Judgment(s): 1317
Keywords:
case law; compensation; delay; flaw; good faith; injury; internal appeal; internal appeals body; moral injury; negligence; organisation's duties; procedure before the tribunal; report; staff member's interest;
Judgment 1369
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 17-18
Extract:
It is in the light of such precepts that the Tribunal rules below on the case of Eurocontrol. After years of conflict with the staff and a spate of litigation uncertain in outcome and - as the Director General properly observed - adverse in effect, Eurocontrol came round to a cooperative approach by concluding the agreement of 9 January 1992. By virtue of its contractual nature it is a source of law which in the interests of both sides the Tribunal regards as material.
Eurocontrol is right in pleading that the collective procedure set up under the agreement cannot supersede each staff member's defence of his own rights. A collective agreement, even though concluded with staff associations acknowledged to be representative, does not divest the staff member of the safeguards he enjoys under the Staff Regulations. By the same token there is nothing to keep him from relying on a collective agreement even if, not being a member of a staff association, he is not himself privy to it. Such indeed are consequences that flow from freedom of association and the principle of equal treatment.
Keywords:
collective agreement; collective rights; equal treatment; freedom of association; right of appeal; safeguard; staff member's interest; staff regulations and rules; staff union; staff union agreement;
Consideration 31
Extract:
"The duty to explain a decision differs in content when an organisation takes over as a whole the decisions on pay that another one - in this instance the [European] Communities - has already adopted. [...] So on falling into line with the Communities Eurocontrol had no further obligation to give an explanation especially since it was the staff themselves who had been demanding alignment."
Keywords:
duty to substantiate decision; law of european communities; limits; organisation's interest; rule of another organisation; salary; staff member's interest;
Judgment 1361
77th Session, 1994
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The Tribunal reaffirms that its rulings have the force of res judicata and are binding on the organisations that have recognised its jurisdiction. Any organisation that offends against that rudimentary principle by refusing to give effect to judgments it does not care for is disregarding the rights of staff and its own interests and is acting in breach of the obligations that it has assumed by recognising the Tribunal's jurisdiction."
Keywords:
acceptance; application for execution; competence of tribunal; continuing breach; execution of judgment; judgment of the tribunal; organisation's duties; organisation's interest; res judicata; staff member's interest;
Judgment 1359
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The complainant qualified under the wording of the notice and was entitled as a eurocontrol official to have his application considered and assessed by a process that complied with the rules. [...] It was not, and the breach of his rightful interest affords grounds for this complaint."
Keywords:
candidate; cause of action; competition; internal candidate; procedural flaw; procedure before the tribunal; receivability of the complaint; staff member's interest; staff regulations and rules; vacancy notice;
Judgment 1344
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
The complainant learned that reports bearing his signature had been changed without his knowledge. The EPO gives "pressure of time" as a reason for not consulting him. "Whatever the truth of the matter may be, even if the EPO was short of time it was not justified in changing his reports, in not even discussing the changes with him afterwards nor giving him an opportunity to comment on any amendments, and in publishing them under his name."
Keywords:
amendment to the rules; injury; organisation's duties; report; right to reply; staff member's interest;
Judgment 1340
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"Subordinates are vulnerable to criticism by superiors and if criticism is untrue must be protected from unjust attack. In this case there was a duty on the organisation to make an investigation. Since it failed to take any such action the complainant is awarded moral damages for its failure to protect and vindicate his good name."
Keywords:
bias; injury; inquiry; investigation; moral injury; organisation's duties; staff member's interest; supervisor;
Judgment 1339
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"An official's acceptance of the regulations and rules does not preclude his arguing that some provision of them is discriminatory as it affects him. If the organization's argument were sustained, no staff member would be free to challenge a rule. The complainant is entitled to found his case on the plea of discrimination even though in the event it proves unsuccessful."
Keywords:
acceptance; equal treatment; provision; right of appeal; staff member's interest; staff regulations and rules;
Judgment 1334
76th Session, 1994
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 29
Extract:
"The Tribunal does not require of the Agency the sort of strict attention to form that might bring its work to a standstill, but will require scrupulous observance of forms and procedures that protect staff interests in any administration that is lawfully managed and subject to proper review."
Keywords:
due process; general principle; organisation's duties; purport; staff member's interest;
Judgment 1330
76th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"According to the Tribunal's case law, receivability does not depend on proving actual and certain injury. All that a complainant need show is that the decision under challenge may impair the rights and safeguards that an international civil servant claims under staff regulations or contract of employment."
Keywords:
case law; cause of action; complaint; contract; injury; receivability of the complaint; safeguard; staff member's interest; staff regulations and rules;
Judgment 1328
76th Session, 1994
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The possibility of cancellation of WIPO's recognition of the Tribunal's jurisdiction calls for no comment save that making an international organisation's decisions subject to judicial review affords a basic safeguard both of its own interests and of staff rights."
Keywords:
application for execution; competence of tribunal; declaration of recognition; judicial review; organisation's interest; right of appeal; safeguard; staff member's interest;
Judgment 1323
76th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
Vide Judgment 133.
Reference(s)
ILOAT Judgment(s): 133
Keywords:
candidate; career; internal candidate; legitimate expectation; organisation's interest; post; priority; professional experience; satisfactory service; seniority; staff member's interest;
Judgment 1266
75th Session, 1993
International Union for the Protection of New Varieties of Plants
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 26-27
Extract:
Vide Judgment 1265, considerations 26 and 27.
Keywords:
adjustment; criteria; discretion; general service category; icsc decision; judicial review; limits; local status; reckoning; salary; scale; staff member's interest;
Judgment 1265
75th Session, 1993
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "Insofar as such standards are found to be flawed they may not be imposed on the staff and WIPO must if need be replace them with provisions that comply with the law of the international civil service. That is an essential feature of the principles governing the international legal system the Tribunal is called upon to safeguard. It is therefore plain that the complainants' rights to judicial process are safeguarded by the defendant organization's recognition of the Tribunal's jurisdiction. Such jurisdiction may not be restricted by the introduction into the organization's Staff Regulations or Rules adopted by bodies outside the Tribunal's competence."
Keywords:
adjustment; competence of tribunal; coordinated organisations; declaration of recognition; general service category; icsc decision; international civil service principles; judicial review; local status; official; organisation's duties; reckoning; right of appeal; salary; scale; staff member's interest; written rule;
Considerations 26-27
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "[T]he Tribunal may not interfere in the exercise of such discretion or in the drafting of the salary policy it is based on. But it does have a power of review in this area which is clearly defined [...] it will consider in the event of dispute whether the Commission's methodology has been properly observed. The methodology is an important factor in ensuring that the results are stable, foreseeable and clearly understood. And though the Commission is free to choose its methods, once it has chosen them the staff may expect them to be followed in all circumstances."
Keywords:
adjustment; criteria; discretion; general service category; icsc decision; judicial review; limits; local status; patere legem; reckoning; salary; scale; staff member's interest;
Judgment 1250
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The complainant was dismissed for misconduct after refusing a transfer outside headquarters. He pleads that the FAO overlooked an essential fact by deciding to transfer him without taking account of his family situation. But he was allowed twelve months "to sort out the matter of his wife's career or obtain a suitable post at headquarters. He argues that he had more than 'ordinary family needs'. But there is nothing out of the ordinary about a situation where spouses each have a job at one and the same duty station, and neither wishes to give it up. [...] Such circumstances do not confer immunity against transfer on an international official. [...] The postponement of transfer by fourteen months is evidence of adequate consideration of his 'family situation and intersts'."
Keywords:
decision; disregard of essential fact; duty station; headquarters; judicial review; official; refusal; serious misconduct; staff member's interest; termination of employment; transfer;
Consideration 20
Extract:
Had the complainant "made a bona fide challenge to the validity of transfer, that would have been a satisfactory explanation for non-compliance: for a precedent, see Judgment 392 [...], under 6. For family reasons the organization refrained for five months [...] from taking action on the decision to transfer the complainant. Thereafter he did not challenge the transfer but sought to circumvent or delay it by raising a series of questions and by evading a direct response."
Reference(s)
ILOAT Judgment(s): 392
Keywords:
case law; complainant; decision; flaw; good faith; refusal; staff member's interest; transfer;
Judgment 1234
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
The complainant, an official at grade D.2, was moved twice in 18 months but given no explanation for the transfers. His second move was to a post at a lower grade, at some distance from headquarters and in a field he had never worked in. The organization pleads that his transfer was "in the interests of the organization" and that the burden is on him to show that it was not. "But there it betrays a deeply mistaken view of its duty. Of course its own interests are paramount, but it must still, for the sake of proper management and mutual confidence, treat its staff fairly. If it is transferring a staff member it must let him have a degree of responsibility corresponding to his grade and respect his dignity. It must give him a statement of the reasons for the transfer and the opportunity of responding."
Keywords:
burden of proof; downgrading; duty to substantiate decision; grade; organisation's duties; organisation's interest; post; respect for dignity; right to reply; staff member's interest; transfer;
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