Safeguard (637,-666)

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Keywords: Safeguard
Total judgments found: 88

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• Judgment 1422

  
  79th Session, 1995
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  The Tribunal has ruled in Judgment 988 "that Regulation 4.9 allows the Secretary-General to promote someone even against the Appointment and Promotion Board's advice and is intended as a safeguard to ensure compliance with the rules on appointment and promotion. The intent is not to enable the Secretary-General to prefer a weaker candidate on compassionate or indeed any other grounds."

  Reference(s)

  Organization rules reference: ITU STAFF REGULATION 4.9
  ILOAT Judgment(s): 988
  

  Keywords:

  advisory body; advisory opinion; appointment; case law; discretion; due process; enforcement; executive head; interpretation; promotion; promotion board; safeguard; selection board; staff regulations and rules;
  

  
  
  

• Judgment 1405

  
  78th Session, 1995
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "Disciplinary proceedings, and the safeguards they afford, are relevant in the event of misconduct warranting disciplinary action while an official is under contract, and one possible sanction is termination of the appointment, whatever its duration may be. Disciplinary proceedings do not apply in the event of due expiry of a fixed-term appointment, when the issue is whether in the light ofpast performance the contract should be renewed. An organisation must be allowed full freedom to decide the issue without having to go through the disciplinary procedure."

  Keywords:

  consequence; contract; disciplinary measure; disciplinary procedure; discretion; fixed-term; misconduct; non-renewal of contract; organisation's interest; safeguard;
  

  
  
  

• 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 1398

  
  78th Session, 1995
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "All organisations need computer technology and there is nothing wrong with making staff who draft and write search reports and the like work with software and submit their output in a readily usable format. [...] EPO officers have wide discretion over matters of organisation and the EPO is not to be held liable for bringing conditions of work up to date. It thereby infringed none of the safeguards the staff enjoy; nor may it be deemed to have altered the job description of search examiners, which, [...] is cast in very general terms."

  Keywords:

  discretion; executive head; organisation's interest; post description; reorganisation; safeguard;
  

  
  
  

• 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;
  

  
  
  

• Judgment 1359

  
  77th Session, 1994
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  One consistent requirement the regulations lay down for filling posts "is the appointment of a selection board that may consider all applicants [...] who qualify under one and the same notice of vacancy. As was said in Judgment 1223, that formal requirement affords every applicant a basic safeguard of open and objective decision-making, and it holds good whether the applicant wants promotion, transfer or a change of category."

  Reference(s)

  ILOAT Judgment(s): 1223
  

  Keywords:

  appointment; candidate; case law; competition; organisation's duties; procedure before the tribunal; promotion; safeguard; selection board; staff regulations and rules; transfer; vacancy notice;
  

  
  
  

• Judgment 1350

  
  77th Session, 1994
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  "A decision as important as termination before expiry of a fixed-term appointment on other than disciplinary grounds must scrupulously observe due process and the safeguards that an appointment with an international organisation affords, whether under the contract or under the rules. In this case the procedure was flawed and the safeguards were not observed. The impugned decision to terminate the complainant's appointment therefore cannot stand, and UNESCO must pay him damages in an amount equivalent to the pay he would have been entitled to had his appointment expired" on the date it was due to run out.

  Keywords:

  contract; due process; fixed-term; procedural flaw; safeguard; staff regulations and rules; termination of employment;
  

  
  
  

• Judgment 1334

  
  76th Session, 1994
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 23

  Extract:

  "Only benefits that have some basis in law may be protected under the doctrine of acquired rights."

  Keywords:

  acquired right; condition; safeguard;
  

  
  
  

• 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;
  

  Consideration 8

  Extract:

  The complainants regard as a breach of their acquired rights an amendment to the Staff Regulations whose effect is to confer on the United Nations Administrative Tribunal competence for disputes concerning the reckoning of pensionable remuneration. But the Tribunal "cannot treat an amendment to the rules on competence as 'loss of an essential legal safeguard'. After all, with the new text competence goes to an independent and impartial international administrative tribunal."

  Keywords:

  acquired right; amendment to the rules; competence; competence of tribunal; pension; pensionable remuneration; right of appeal; safeguard; staff regulations and rules; unat;
  

  
  
  

• 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 1317

  
  76th Session, 1994
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 31 and 34

  Extract:

  "An internal appeal procedure that works properly is an important safeguard of staff rights and social harmony in an international organisation [...]. The Union is wholly to blame for [the material] shortcomings. The Appeal Board is set up under the Staff Regulations and the [organisation] has a duty to keep it at all times in proper working order."

  Keywords:

  administrative delay; internal appeal; internal appeals body; organisation's duties; right of appeal; safeguard;
  

  Consideration 23

  Extract:

  "Consistent precedent has it that even where an organisation's Staff Regulations say that a fixed-term contract is ipso facto extinguished on expiry non-renewal is to be treated as a distinct and challengeable administrative decision." After referring to Judgments 17 and 1040, the Tribunal observes that "that requirement is an indispensable safeguard of security of employment in the international civil service, which indeed, unlike many national civil services and some regional organisations, commonly grants fixed-term appointments."

  Reference(s)

  ILOAT Judgment(s): 17, 1040
  

  Keywords:

  case law; contract; decision; domestic law; fixed-term; international civil service principles; non-renewal of contract; notice; right of appeal; safeguard; staff regulations and rules;
  

  
  
  

• Judgment 1239

  
  74th Session, 1993
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  WIPO has repealed former Staff Regulation 3.1, which ensured that officials, in case of fluctuation in the exchange rate between the United States dollar and the Swiss franc, would get paid a "differential" to compensate for loss in the value of the dollar. "On the whole the arrangements under the common system afford a reasonable degree of compensation for the risks inherent in fluctuations in the dollar exchange rate. There is therefore no breach of the staff's acquired rights in the organization's decision, following adoption of the general assembly's resolutions and so as to conform with the rules of the common system, to cancel a particular benefit it had earlier granted to its staff. As is held in Judgment 1241 of this day [...], a benefit granted at a particular point in time to a staff member or a group of staff members may not indefinitely preclude reforms that are in the general interest."

  Reference(s)

  Organization rules reference: FORMER WIPO STAFF REGULATION 3.1
  ILOAT Judgment(s): 1241
  

  Keywords:

  acquired right; case law; coordinated organisations; discontinuance; exchange rate; general assembly resolution; rule of another organisation; safeguard; salary; staff regulations and rules; tribunal;
  

  
  
  

• Judgment 1104

  
  71st Session, 1991
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The complainant was asked to report to an expert medical examination to examine his fitness for shift work. He objects to questions the organization put to the expert. Though the complaint is receivable, the Tribunal dismisses it on the merits since the material questions were relevant to the dispute and did not deprive the complainant of any safeguard. Once the medical expert has reported and the administrative decision been taken, the complainant may submit a further complaint bearing on the dispute as a whole.

  Keywords:

  expert inquiry; incapacity; medical examination; medical fitness; organisation's duties; procedure before the tribunal; receivability of the complaint; safeguard;
  

  
  
  

• Judgment 958

  
  66th Session, 1989
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "The foremost and surest safeguard against personal prejudice is due process, which is designed above all to prevent improper influence on administrative decisions."

  Keywords:

  bias; due process; safeguard;
  

  
  
  

• Judgment 353

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

  Considerations

  Extract:

  According to the general principles of the international civil service, "a supervisor may suspend from duty, forthwith and without formality, a staff member who is manifestly guilty of misconduct serious enough to make it clear that it is incompatible with the organisation's interests to keep him on the staff. Suspension is a provisional measure and reserves the staff member's rights; it should be followed by an inquiry which affords him full safeguards and as a rule requires notably action by the head of the organisation."

  Keywords:

  competence; disciplinary procedure; international civil service principles; misconduct; organisation's interest; safeguard; supervisor; suspension;
  

  
  
  

• Judgment 318

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

  Considerations

  Extract:

  Under the applicable provision "and the general principles of international public service, the provisional nature of his position denies a probationer the safeguards enjoyed by an established official or by the holder of a fixed-term appointment or of one without limit of time [...]. The Director-General may dismiss him if satisfied that he does not have the right qualifications."

  Keywords:

  discretion; international civil service principles; probationary period; safeguard; termination of employment;
  

  
  
  

• Judgment 274

  
  36th Session, 1976
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "But whereas in the case of censure which is of a disciplinary nature the Tribunal exercises full power of review as to the facts and the law because of the protection which staff members of the organization should enjoy, when the measure takes the form of a reprimand which is not of a disciplinary nature the Tribunal will exercise a limited power of review. That is to say, the Tribunal will not interfere unless [...]."

  Keywords:

  censure; difference; disciplinary measure; disciplinary procedure; judicial review; reprimand; safeguard;
  

  
  
  

• Judgment 210

  
  30th Session, 1973
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The Staff Rules provide for a range of penalties and "the principle of proportionality will ensure that extreme penalties, such as summary dismissal, are applied only to the gravest cases."

  Keywords:

  disciplinary measure; proportionality; safeguard; serious misconduct; termination of employment;
  

  
  
  

• Judgment 162

  
  24th Session, 1970
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The procedure laid down for the purpose of enabling an official to defend himself against the charges against him [written notification of charges, time limit for reply] is inappropriate once the person concerned has admitted those charges. The safeguard provided by [the rule] has become pointless in the present case, since the complainant has admitted his misconduct in statements which the Tribunal has found to be true."

  Keywords:

  adversarial proceedings; due process; evidence; misconduct; purpose; right to reply; safeguard; termination of employment;
  

  
  
  

• Judgment 161

  
  24th Session, 1970
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  Vide Judgment 162, consideration 3.

  Reference(s)

  ILOAT Judgment(s): 162
  

  Keywords:

  adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;
  

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