Safeguard (637,-666)
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Keywords: Safeguard
Total judgments found: 88
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Judgment 2156
93rd Session, 2002
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The general principles which govern employment relationships in international organisations and which are also generally recognised in national labour legislation" recognise "that elected representatives of the staff enjoy specific rights and safeguards".
Keywords:
domestic law; general principle; international civil service principles; right; safeguard; staff representative;
Judgment 2139
93rd Session, 2002
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The right of international officials to resort to all internal and jurisdictional remedies available to them without detriment to their career is an essential guarantee to which the Tribunal attaches the greatest importance."
Keywords:
career; consequence; iloat; internal appeal; judicial review; official; right; right of appeal; safeguard;
Judgment 2129
93rd Session, 2002
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The complainants [state] that, according to the Tribunal's case law (see Judgment 1821, for example), adjustments to international civil servants' salaries must satisfy objective criteria of stability, foreseeability and transparency. The Tribunal considers that this line of precedent - concerning the determination of staff salaries, which is necessarily governed by very strict rules - is not entirely applicable to the determination of allowances granted for a specific purpose, such as that of covering expenses incurred by staff members on travel status. Even if it claims to be acting in the exercise of its discretion, and although the legal framework surrounding its action remains vague or non-existent, the administration must base its decisions on objective considerations and avoid breaching any of the guarantees protecting the independence of international civil servants."
Reference(s)
ILOAT Judgment(s): 1821
Keywords:
adjustment; allowance; analogy; breach; case law; compensatory allowance; compensatory measure; criteria; decision; discretion; duty to substantiate decision; grounds; independence; no provision; official; official travel; organisation's duties; purpose; safeguard; salary; travel expenses; written rule;
Judgment 2097
92nd Session, 2002
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
Because of serious financial difficulties the organisation had to employ the complainants simultaneously under a fixed- term appointment at half-time and a short-term part-time appointment. After being restored to their full-time fixed-term status they complained about the rates of remuneration received by them under their short-term contracts. "The principle which guarantees equal remuneration for work of equal value [...] is designed to prevent discrimination by employers between employees and to ensure that persons performing different work of the same or similar value shall receive equal remuneration. The organization is right to submit that its most common application is to the classification or grading of jobs [...]. That principle was never intended to apply so as to give rise to a claim by an individual to be paid at the same rate for all work which he or she performs: differential rates for work performed under different conditions, such as overtime to take a common example, are not discriminatory. In the present case there is nothing improper in the who's paying lower rates to persons such as the complainants doing temporary work on a short-term basis."
Keywords:
amount; budgetary reasons; condition; contract; difference; enforcement; equal treatment; fixed-term; general principle; official; organisation; overtime; part-time employment; post classification; safeguard; salary; scale; short-term; status of complainant; terms of appointment;
Judgment 2083
92nd Session, 2002
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 8-9
Extract:
The complainant suffered from retinal detachments and a detachment of the vitreous. The organization recognised her eye condition as service incurred. In "September 1998 [...] the [organization] decide[d] to stop reimbursing the bills [she submitted] on [the] grounds [...] that curing her retinal detachments was no longer the object of the treatment. However, it did not show that the service-incurred injuries were not a "direct and principal" cause of the treatment [... ] The Tribunal takes the view that although, as the organization says, the decision to stop reimbursing the bills was at the discretion of the Director-General, it could not be taken without an independent expert medical opinion obtained through a process which provides all the safeguards of transparency and impartiality." The case is therefore sent back to the organization.
Keywords:
consequence; decision; discretion; due process; executive head; expert inquiry; grounds; illness; independence; lack of evidence; medical expenses; medical opinion; organisation; organisation's duties; procedure before the tribunal; professional accident; refund; refusal; safeguard; service-incurred;
Judgment 2063
91st Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The authority of the insurance brokers goes beyond a simple right to make an administrative check of the claims it receives [...]. [Insurers] have the right to check whether, under the insurance contract, they are liable for the costs of the care dispensed. But they must so exercise that authority as to provide the insured with a guarantee that their claims to coverage are examined with all due care."
Keywords:
condition; contract; discretion; duty of care; health insurance; insurance; medical expenses; refund; request by a party; safeguard;
Judgment 2032
90th Session, 2001
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"Exemption from national taxes is an essential condition of employment in the international civil service and is an important guarantee of independence and objectivity. It cannot be made to depend upon the whim of national taxing authorities [...]."
Keywords:
independence; member state; official; privileges and immunities; safeguard; salary; tax;
Judgment 1990
89th Session, 2000
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"In the competition, the English-speaking and French-speaking candidates were not in the same situation, so criteria were needed that took account of the differences. The matter becomes more complex if account is taken of candidates whose mother tongue is neither English nor French. [...] Since one of the requirements of the competition - and the post in question - was a good knowledge of the two main working languages, it was not unfair to provide for tests in one language only and apply an adequate correction factor to all candidates who were non-English-speaking. Such a solution redresses the balance and goes some way to ensuring equality between the candidates. Provided that it really is adequate, a correction factor does not impair the right to equal treatment."
Keywords:
candidate; compensatory measure; competition; criteria; difference; equal treatment; knowledge of languages; qualifications; safeguard;
Judgment 1929
88th Session, 2000
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Compulsory transfer of a disciplinary nature must afford the staff member the safeguards available in the case of disciplinary sanctions, that is the right of the staff member to be heard before the sanction is ordered, with the option for him to participate in the full processing of the evidence and to make all his pleas. [...] It matters little in this respect whether or not transfer is envisaged among the disciplinary sanctions set out in the Staff Regulations. What is decisive is whether the transfer appears to be the consequence of the alleged professional shortcomings of the staff member which may, by their nature, give rise to disciplinary sanctions."
Keywords:
disciplinary measure; hidden disciplinary measure; organisation's duties; right to reply; safeguard; staff member's interest; staff regulations and rules; transfer;
Judgment 1927
88th Session, 2000
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In practice, while suspension is indeed an essentially interim measure which maintains the rights of the staff member concerned, as the Tribunal recalled in Judgment 353 [...], it is nevertheless a decision which causes injury to the person concerned."
Reference(s)
ILOAT Judgment(s): 353
Keywords:
case law; disciplinary procedure; injury; misconduct; safeguard; staff member's interest; suspension;
Judgment 1848
87th Session, 1999
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant questions the right of the insurance company to which she is affiliated to contact her physicians directly to seek information. "The law is clear that [the insurance company] is entitled to any information which identifies the nature of the alleged illness and allows it to determine whether the prescribed treatment is appropriate and necessary [...] Of course the complainant is entitled to require that such information only be made available to [the insurance company's] medical adviser and be treated by the latter in confidence but she is not entitled to withhold from them any right of access whatsoever to the required medical information. Her unwillingness to allow such access goes against her duty to deal in good faith with her insurers."
Reference(s)
ILOAT Judgment(s): 1288
Keywords:
conduct; confidential evidence; elements; good faith; health insurance; illness; insurance; medical consultant; medical records; refusal; safeguard; staff member's duties;
Judgment 1796
86th Session, 1999
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
The complainant was reassigned because of his alleged poor attendance and time-keeping. "The [Organization's] treatment of him looks like punishment for conduct it disapproved of and for low output. So there should first have been due disciplinary process affording him full safeguards."
Keywords:
conduct; disciplinary measure; disciplinary procedure; due process; misconduct; official; organisation's duties; output; punctuality; right to reply; safeguard; transfer; unsatisfactory service;
Judgment 1713
84th Session, 1998
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"The manner of applying Flemming does not turn on such variables as the desire of staff to keep their jobs or the ease or difficulty of finding good local recruits. What Flemming ordains is that general service staff shall have pay and other terms of employment that match the best on offer at their duty station."
Keywords:
elements; flemming principle; icsc decision; official; safeguard; salary;
Judgment 1682
84th Session, 1998
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"True, Article R 4 1.01 [of the EMBL Staff Regulations] does not commit [the EMBL] to granting [its staff] all the adjustments that apply to the staff of the coordinated organizations. Yet the provision does not leave it quite free to apply only in part, let alone to cast aside altogether, the decisions of those organisations. [...] Of course it may switch to another system or standard of reference [...] but as long as [...] the system [...] holds good [...] the staff are entitled to the safeguards that R 4 1.01 bestows: objective arbitrament and sure figures."
Reference(s)
Organization rules reference: ARTICLE R 4 1.01 OF EMBL STAFF REGULATIONS
Keywords:
adjustment; amendment to the rules; coordinated organisations; organisation's duties; rule of another organisation; safeguard; salary; scale; staff regulations and rules;
Judgment 1660
83rd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"According to Judgment 1330 [...] and other precedents, the right to appeal to an international administrative tribunal forms part of the essential safeguards that international civil servants must enjoy."
Reference(s)
ILOAT Judgment(s): 1330
Keywords:
acquired right; case law; competence of tribunal; iloat; official; right of appeal; safeguard; terms of appointment;
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 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;
Judgment 1451
79th Session, 1995
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"The [amendment in question] strikes out of the terms of employment ipso facto the safeguard of international judicial review and vests jurisdiction in municipal courts instead. The amendment brings about an immediate and almost irreversible change in the system of appeal. So [...] every staff member has an actual and present interest in having light shed on the matter. The Tribunal affords guarantees of a system of international law within the bounds of its competence: see Judgments 1265, under 24, and 1328, under 13. It would therefore be wrong to deny the staff the right of appeal on the grounds that the impugned decision is general in purport."
Reference(s)
ILOAT Judgment(s): 1265, 1328
Keywords:
amendment to the rules; case law; cause of action; competence of tribunal; complaint; general decision; internal appeal; municipal court; receivability of the complaint; right of appeal; safeguard; staff regulations and rules; tribunal;
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 1441
79th Session, 1995
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant relies on a rule which says that members of the Disciplinary Committee [composed in this instance of staff members from headquarters and constituted there] should come from the staff of the Regional Office and have been locally recruited. The Tribunal considers that "the rule [in question] is not binding" and states that "in any event the complainant has failed to show how the membership of the committee [composed in this instance of staff members from headquarters and constituted there] might have proved prejudicial to the proper and independent consideration of his case."
Reference(s)
Organization rules reference: UNESCO STAFF RULE 110.2(D)
Keywords:
advisory body; burden of proof; composition of the internal appeals body; disciplinary procedure; duty station; injury; lack of injury; safeguard;
Consideration 17
Extract:
"Although an explanation of the reasons for an administrative decision affords an essential safeguard of the staff member's rights, consistent precedent has it that the form the explanation takes will depend on the nature of the decision and the context in which it is taken. Here UNESCO is right in stating that each successive decision, from the provisional suspension from duty to the final act of dismissal, was taken in a context that the complainant was quite well aware of. The suspension came after the questioning of him by the inspectors; the dismissal after the report by the Disciplinary Committee; and the final confirmation of dismissal after the Appeals Board hearings. The text of each decision so explicitly cites the material background that he may not properly contend he was caught unawares or profess ignorance of the reasons for each decision and what it meant."
Keywords:
case law; duty to substantiate decision; organisation's duties; purport; safeguard; termination of employment;
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