Judgment 520
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Tribunal will not consider whether it is [...] open to the complainant to complain directly to the Tribunal of prejudice resulting from her staff activities. Assuming that it is open and assuming also that the complainant is right in her contention that the burden of proof is upon the organization to show that her non-selection was not due to her staff activities, that burden has been discharged. she was not selected because she was not qualified."
Keywords:
bias; candidate; competition; qualifications; staff union activity;
Judgment 495
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"If in the case of an active staff member no reason (*) is given, an inference could be drawn that his activities had been improperly taken into account."
(*) in the present case, for non-renewal
Keywords:
contract; duty to substantiate decision; fixed-term; grounds; non-renewal of contract; presumption; staff union activity;
Consideration 5
Extract:
The Tribunal does not accept that whenever a staff member is in like case the burden of proof passes to the organization. "Each case must be decided on the proper inferences to be drawn from its own facts." The first matter to be examined is the reason for the decision. "The second matter in a case such as this is the presence or absence of evidence of any particular animosity by the administration towards the complainant, and of evidence of the part, prominent or otherwise, which he played in the controversy and of any act or attitude by him calculated to excite the administration's disapproval [...]."
Keywords:
bias; burden of proof; contract; fixed-term; grounds; judicial review; non-renewal of contract; staff union activity;
Consideration 4
Extract:
"A staff member who cannot understand why he should be, as it appears to him, unfavourably treated, is naturally inclined to suspect prejudice. One of the unfortunate results of the existing disputes is to create the belief that any decision adverse to an active member of the staff association is to be explained by his staff activities."
Keywords:
bias; decision; grounds; presumption; staff union activity;
Consideration 1
Extract:
"It is [...] established that in accordance with the principle of freedom of association officers and members of the staff association may act in furtherance of their common interests and shall not be penalised by the administration for any activity that is not otherwise improper. It is not disputed that any such penalisation would be an abuse of the Director's discretion and within the power of the Tribunal to review."
Keywords:
abuse of power; freedom of association; judicial review; misuse of authority; staff union activity;
Judgment 494
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The Director was being extremely critical of the activities of the Staff Committee, considering it as an unrepresentative minority of the staff association [...]. The suggestion made by the complainant that the transfer was designed to impede her activities as vice-chairperson by removing her from headquarters and to punish her for the Committee's attitude is therefore one which must be seriously examined. [...] Even if it were to be assumed that the Director was in general pursuing a policy of handicapping or penalising staff activities, he did not in this case carry it through [...]. There is no evidence of any personal hostility [...]. The transfer was a transfer of a programme rather than of a person."
Keywords:
bias; evidence; hidden disciplinary measure; lack of evidence; reorganisation; staff representative; staff union activity; transfer;
Judgment 481
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Under the Staff Rules, any unauthorised and unjustified absence from duty shall be charged to special leave without pay. "It is for the administration to determine whether or not an official needs permission to be absent from duty and whether to authorise participation in a staff demonstration during working hours." By warning the association that participation in the demonstration set for the next day [to secure recognition of the association] would be treated as unauthorised and unjustified, the Director-General kept within the bounds of his authority.
Keywords:
discretion; enforcement; provision; special leave; staff regulations and rules; staff union; staff union activity; time off; unauthorised absence; unpaid leave;
Judgment 450
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The decision to transfer the complainant falls within the scope of the Director's discretionary authority and, in view of her shortcomings and strained relations with her supervisors, that decision does not appear to be flawed. Nor has any causal link been established between her trade union activities and the decision to transfer her. The circumstances which gave rise to the moral injury for which she claims compensation were ones that the complainant was at least in part responsible for. The organization may not therefore be held liable. The complaint is dismissed.
Keywords:
cause; complainant; moral injury; staff union activity; transfer;
Judgment 447
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
There had been tension between the Director and the staff association. The complainant, a member of the association, was transferred against her wishes. She insists that she was the victim of a disguised disciplinary sanction: she was transferred hastily and over her objections. But the transfer was part of a general plan which had been drawn up much earlier. There is nothing to suggest that its intention was to mask a sanction. The complainant was not especially active in the staff association. There being uncertainty about the real grounds for the impugned decision, the Tribunal will not regard as proved her allegation of a breach of the right of association.
Keywords:
evidence; freedom of association; hidden disciplinary measure; lack of evidence; staff representative; staff union; staff union activity; transfer;
Judgment 403
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
Nothing in the dossier confutes the complainant's repeated assertion that she never took time off without permission. In drawing from the dossier "the conclusion that the complainant had taken the decision that she, and only she, would decide how much time she would devote to her duties and that she did not regard it as necessary to obtain the approval of her supervisor [...] the Director-General drew a conclusion that was clearly mistaken."
Keywords:
mistaken conclusion; staff representative; staff union activity; time off; unauthorised absence;
Judgment 274
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
Under FAO Manual provision 330.151, unsatisfactory conduct consists of "conduct which is incompatible with the staff member's undertaken or implied obligation to the organization." "The unsatisfactory performance of staff duties is clearly within this general definition." A staff member's conduct of his private life or his trade union activities are not, apart from exceptional cases, the concern of the Director-General.
Reference(s)
Organization rules reference: PARAGRAPH 330.151 FAO MANUAL
Keywords:
competence; conduct; executive head; outside activity; staff member's duties; staff union activity;
Consideration 22
Extract:
"Activities within the staff organization [...] constitute an area that is 'prima facie' outside the Director-General's jurisdiction. [...] There may be exceptional cases. [...] As a general rule a staff member gives no undertaking, express or implied, about how she will conduct herself in the business of the Staff Council or its organs."
Keywords:
competence; complainant; conduct; executive head; freedom of association; staff union; staff union activity;
Consideration 22
Extract:
When the offending conduct falls outside staff duties, "each case must be examined carefully to see whether an obligation has been broken". A staff member's conduct of his private life is not the concern of the Director-General, unless it brings the organization into disrepute. In the same way, trade union activities fall outside the competence of the Director-General, although there may be exceptions.
Keywords:
competence; conduct; executive head; freedom of association; judicial review; outside activity; staff member's duties; staff union activity;
Judgment 87
15th Session, 1965
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant, a trade union official, made criticisms which were included in a tract. "The conduct which was deemed to justify [his] summary dismissal did not constitute misconduct serious enough to jeopardise or to be likely to jeopardise the reputation of the organization or its staff." Summary dismissal was not justified.
Keywords:
contract; duty of discretion; material damages; misconduct; moral injury; permanent appointment; proportionality; serious misconduct; staff representative; staff union activity; summary dismissal; termination of employment;
Judgment 54
9th Session, 1961
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"An official [...] elected as a member of the Executive Committee of the Staff Association provided for by [...] the Staff Regulations should, in that capacity, enjoy freedom of action and of expression, on the sole condition that he respect the obligations incumbent upon him as an official of the organization and those incumbent upon international officials generally, and that he observe secrecy in respect of deliberations of joint bodies in which he takes part, or confidential information communicated to him by virtue of his trade union position".
Keywords:
duty of discretion; freedom of association; freedom of speech; staff member's duties; staff representative; staff union activity;
Consideration 6
Extract:
A trade union official should enjoy freedom of action and expression on the condition that he respect the obligations incumbent upon him as an official of the organization and those incumbent upon international officials generally; he should be allowed reasonable time for discharging his functions. "Any decision affecting an official which does not take these rights into account - and, in particular, any measure motivated solely by "any activity carried out by him in that capacity while respecting the obligations enumerated above - would be tainted by an error in law."
Keywords:
facilities; freedom of association; organisation's duties; staff member's duties; staff representative; staff union activity; time off;
