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Staff reduction (396,-666)
You searched for:
Keywords: Staff reduction
Total judgments found: 27
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Judgment 507
48th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The Tribunal granted that a rule allowed for dismissal in cases of economic problems of a permanent kind. No explanation of the circumstances which may have made staff reductions unavoidable is contained in the dossier. Although prudence might have led to such a measure, that would not suffice to bring the relevant clause into operation. "In supposing that it was [sufficient], the Director-General must have misconstrued the rule and thus been led to exceed his powers. The [dismissal] decision impugned was outside his authority and must be quashed on that ground."
Keywords:
abolition of post; abuse of power; contract; grounds; misuse of authority; permanent appointment; staff reduction; termination of employment;
Judgment 421
45th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3 and 7
Extract:
the staff regulations make no special provisions about the way in which a decision not to renew a contract is to be taken. the director-general had set up a working party to advise him on the matter of staff reductions. the instructions to the working party cannot in the opinion of the tribunal be read as requiring it to apply the statutory procedure appropriate to decisions concerning termination of appointment in the event of staff reductions.
Keywords:
abolition of post; contract; fixed-term; no provision; non-renewal of contract; procedure before the tribunal; staff reduction;
Judgment 414
44th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The organisation experienced financial difficulties and reduced the number of posts. Efforts were made to reassign the complainant, whose contract without limit of time had been replaced by a fixed-term appointment. The "lack of success [of these efforts] does not mean that the [organisation] failed in its obligations. indeed it was only to be expected in the circumstances. [...] There is no evidence to suggest that it appointed staff members less well qualified than he to duties which might have suited him."
Keywords:
abolition of post; amendment to the rules; budgetary reasons; contract; duration of appointment; fixed-term; organisation's duties; permanent appointment; reassignment; staff reduction;
Judgment 404
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"There was one consideration which alone warranted the non-renewal of [the complainant's] appointment. That was the organisation's straitened financial circumstances [...] which required a reduction in staff. It was no abuse of authority for the Director-General to decide that, of those whose appointment the organisation was considering terminating, the choice should fall on the complainant: she held a fixed-term appointment and had received less satisfactory performance reports than other members of the staff."
Keywords:
budgetary reasons; contract; fixed-term; grounds; non-renewal of contract; staff reduction; unsatisfactory service;
Judgment 269
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"[T]he abolition of post was not directed personally at the complainant. On the contrary, two other [officials serving as] editors and the art director lost their posts at about the same time. There is therefore no question of abuse of authority."
Keywords:
abolition of post; abuse of power; misuse of authority; reorganisation; staff reduction;
Judgment 139
22nd Session, 1969
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The decision to suppress a post lies within the Director-General's discretion. [...] In order to meet the objection of abuse of authority, the decision must be justified in the interests of the service. Consequently it must have the lasting effect of reducing the size of the staff, that is to say the expenses of the organization. It is not necessary, however, that the duties of the person holding the post should be abolished. They can be assigned to other staff members [...] on condition that this is not merely a provisional measure."
Keywords:
abolition of post; abuse of power; budgetary reasons; misuse of authority; organisation's interest; staff reduction;
Judgment 14
4th Session, 1954
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Staff Regulations provide that in the event of a reduction of staff preference be given to staff members with permanent appointments. The "systematic recourse to the statutory exception would be contrary to the spirit of the provisions governing the conditions of service of permanent officials who must in principle be protected against [budgetary] fluctuations, and would thus lead to rendering the notion of permanency of function void of substance; [...] such a procedure would impede good administration and endanger the sound functioning of the international organisations.
Keywords:
abolition of post; budgetary reasons; contract; effect; organisation's interest; permanent appointment; priority; staff reduction; termination of employment;
Considerations
Extract:
Alleging the inferior quality of the complainant's work, the organization failed by way of exception to give her preferential treatment when implementing staff reductions. "As regards the comparative evaluation of service [...], the Director-General [...] has discretionary power [...]. This discretionary power cannot be used to misuse recourse to the aforementioned exception."
Keywords:
abolition of post; contract; discretion; permanent appointment; priority; staff reduction; work appraisal;
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