Staff member's interest (208,-666)

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Keywords: Staff member's interest
Total judgments found: 122

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• Judgment 1231

  
  74th Session, 1993
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 23

  Extract:

  The complainant seeks the quashing of a decision to dismiss him following the abolition of his post. The only grounds given for his dismissal are "just a broad allusion to the organization's 'service requirements' or 'interests'. Such terms are meaningless unless there is a fuller explanation enabling the staff member and, if need be, the Tribunal to grasp the actual reasons, especially where the outcome is as drastic as abolition of post and dismissal."

  Keywords:

  abolition of post; decision; duty to substantiate decision; judicial review; organisation's duties; organisation's interest; purport; staff member's interest; termination of employment;
  

  
  
  

• Judgment 1076

  
  70th Session, 1991
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 3 and 7

  Extract:

  The complainant's application for transfer was refused. "Being discretionary, the decision may be set aside only if it was taken without authority [...]. The Tribunal will not quash a decision simply because the parties' respective interests might have been differently assessed."

  Keywords:

  discretion; judicial review; organisation; organisation's interest; refusal; request for transfer; staff member's interest;
  

  
  
  

• Judgment 1055

  
  70th Session, 1991
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  WHO Staff Rule 510.1 requires that "in determining the initial and any subsequent assignment, consideration shall be given, to the extent possible, to the staff member's particular abilities and interests". The complainant was transferred in accordance with a policy for rotating staff in the general service category which has the effect of upgrading their skills. The Tribunal is satisfied that the transfer was not contrary to his own interests.

  Reference(s)

  Organization rules reference: WHO STAFF RULE 510.1
  
  

  Keywords:

  judicial review; staff member's interest; transfer;
  

  
  
  

• Judgment 1050

  
  69th Session, 1990
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "But Regulation 4.2 provides that the purpose of transfer is to secure 'the highest standards of efficiency, competence and integrity'. In acting in pursuance of that purpose the Director-General is not precluded from transferring a staff member provided that his intention is, as Regulation 1.1 requires, to serve the organization's interests and that the staff member's own abilities and interests are not overlooked. Where the Director-General believes that the organization's interests must prevail he will act accordingly and the staff member will ordinarily have to fall in line unless he prefers resignation."

  Reference(s)

  Organization rules reference: UNESCO STAFF REGULATIONS 1.1 AND 4.2
  
  

  Keywords:

  discretion; organisation's duties; organisation's interest; purpose; staff member's duties; staff member's interest; transfer;
  

  
  
  

• Judgment 883

  
  64th Session, 1988
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The Director of an organisation has wide discretion in determining transfers. His discretionary powers are not however unlimited. He must take account of both the organisation's interests and the staff member's particular abilities and interests. But in cases where these differ, the organisation's interests shall carry greater weight.

  Keywords:

  discretion; organisation's interest; staff member's interest; transfer;
  

  
  
  

• Judgment 809

  
  61st Session, 1987
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Order

  Extract:

  "The President may direct proceedings and even if not expressly so empowered may order suspension. Since a complainant may withdraw a complaint he may also apply for suspension. Such application will succeed unless the advantage to the complainant of suspending the proceedings is outweighed by the advantage to the defendant of pursuing them."

  Keywords:

  competence; implied powers; no provision; order; order of suspension; organisation's interest; president of the tribunal; procedure before the tribunal; request by a party; staff member's interest; withdrawal of suit;
  

  
  
  

• Judgment 466

  
  47th Session, 1982
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "The complainant is mistaken in objecting to the replacement of the appraisal report - none being possible in the circumstances - with a minute which was not to his detriment, which was intended to protect his interests and which indeed did so." The Director-General had noted in the minute that appraisal was not possible and he emphasised aspects in the complainant's favour; the complainant may not require the Regional Director, who was his chief only in name, to appraise his work when he never did any.

  Keywords:

  discontinuance; performance report; staff member's interest;
  

  
  
  

• Judgment 447

  
  46th Session, 1981
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  The impugned decision did not take account of the complainant's particular interests and was tainted with bias. The impugned decision is unlawful and the complainant is therefore entitled to compensation for moral prejudice provided that there was serious injury to her feelings. She was certainly affected by the suddenness of the decision, which she regarded as unfair punishment. moreover, her reputation very probably did suffer. Accordingly, the compensation for moral prejudice is determined ex aequo et bono.

  Keywords:

  bias; equity; moral injury; professional injury; staff member's interest; transfer;
  

  Consideration 8

  Extract:

  Under the material provision, an official may appeal against any measure or decision tainted with personal prejudice against him; it is sufficient that he has suffered treatment which is not warranted on any objective grounds. "That is so in the present instance. Despite her age and work record the complainant was suddenly transferred to a post which did not suit her and no thought was ever given to finding a solution which would more closely match her legitimate interests. Only prejudice can account for such a lack of consideration".

  Keywords:

  bias; evidence; grounds; staff member's interest; transfer;
  

  Consideration 4

  Extract:

  Under the Staff Rules the Director, in making a transfer decision, should take account of an official's own interests, provided they are not at variance with the organization's wider interests. Before transferring the complainant against her wishes, the Director ought to have made sure that there was no other staff member fit and willing to take up the material post; he should if necessary have held a competition. In view of her age, seniority and outstanding work record, the complainant was entitled to better treatment.

  Keywords:

  organisation's duties; organisation's interest; staff member's interest; transfer;
  

  
  
  

• Judgment 358

  
  41st Session, 1978
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "Although the Director is empowered to extend a staff member's appointment to the age of 65, he is in no case bound to do so. He may exercise that authority to allow an exception only in the interests of the [organisation], not in the exclusive interests of the staff member. In deciding on the complainant's case he would have to bear in mind the possibility that the complainant might obtain a pension, but that was only one fact to be taken into account among others."

  Keywords:

  age limit; contract; contributory service; discretion; extension beyond retirement age; organisation's interest; pension; retirement; staff member's interest;
  

  
  
  

• Judgment 325

  
  39th Session, 1977
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The provisions cited "are in keeping with the general principles of international public service, which affirm the priority of the general interest, represented in each organisation by the Director-General, over individual interests."

  Keywords:

  international civil service principles; organisation's interest; staff member's interest;
  

  
  
  

• Judgment 256

  
  34th Session, 1975
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The material provision "provides for the establishment of personal files and gives staff members access at any time to information on their professional situation and in particular reports on their work performance. It also has the purpose of keeping the competent bodies [of the organisation] informed on each staff member's career. Since the provisions were adopted in the interests of staff members as well as of the organisation, it is open to the complainant to allege a breach."

  Keywords:

  career; organisation's interest; personal file; purpose; staff member's interest; work appraisal;
  

  
  
  

• Judgment 246

  
  33rd Session, 1974
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  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 96

  
  16th Session, 1966
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "While complainants have an absolute right to apply to the Administrative Tribunal, within the jurisdiction assigned to it, without any restriction and are allowed great freedom in supporting their claims, both in form and in substance, this right and this freedom are granted to ensure respect for their terms of appointment."

  Keywords:

  enforcement; purpose; right of appeal; safeguard; staff member's interest; staff regulations and rules;
  

  
  
  

• Judgment 32

  
  7th Session, 1958
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The decision of the Director-General to refuse an indeterminate appointment "is particularly serious because it deprives the official concerned of the possibility of making a career within the organization which a lengthy period of satisfactory service had entitled him legitimately to expect [...]. Therefore such a decision should be taken only while fully respecting the provisions of the [Regulations] in order to surround the free decision of the Director-General with the guarantees imposed in the interests both of the organization and of the official concerned."

  Keywords:

  career; contract; due process; flaw; legitimate expectation; organisation's interest; permanent appointment; refusal; satisfactory service; staff member's interest;
  

  
  
  

• Judgment 24

  
  5th Session, 1955
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration (M)

  Extract:

  "It does not [...] appear that the complainant placed her own interests above the true interest of the organization".

  Keywords:

  organisation's interest; staff member's duties; staff member's interest;
  

  
  
  

• Judgment 23

  
  5th Session, 1955
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration (M)

  Extract:

  Vide Judgment 24, consideration (m).

  Reference(s)

  ILOAT Judgment(s): 24
  

  Keywords:

  organisation's interest; staff member's duties; staff member's interest;
  

  
  
  

• Judgment 22

  
  5th Session, 1955
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration (M)

  Extract:

  Vide Judgment 24, consideration (m).

  Reference(s)

  ILOAT Judgment(s): 24
  

  Keywords:

  organisation's interest; staff member's duties; staff member's interest;
  

  
  
  

• Judgment 21

  
  5th Session, 1955
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration (F)

  Extract:

  Vide Judgment 24, consideration (m).

  Reference(s)

  ILOAT Judgment(s): 24
  

  Keywords:

  organisation's interest; staff member's duties; staff member's interest;
  

  
  
  

• Judgment 19

  
  5th Session, 1955
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration (F)

  Extract:

  Vide Judgment 24, consideration (m).

  Reference(s)

  ILOAT Judgment(s): 24
  

  Keywords:

  organisation's interest; staff member's duties; staff member's interest;
  

  
  
  

• Judgment 18

  
  5th Session, 1955
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration (F)

  Extract:

  Vide Judgment 24, consideration (m).

  Reference(s)

  ILOAT Judgment(s): 24
  

  Keywords:

  organisation's interest; staff member's duties; staff member's interest;
  

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