Duty of care (645,-666)
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Keywords: Duty of care
Total judgments found: 137
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Judgment 3485
120th Session, 2015
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss his harassment complaint for lack of evidence.
Consideration 16
Extract:
"It is not controverted that some of [the complainant's]complaints went unanswered. This shows that there was a degree of indifference regarding his express concerns. This was not only another aspect of harassment but also a breach of the ICC’s duty of care towards the complainant which, in addition to the breach of due process, entitles him to moral damages [...]."
Keywords:
duty of care; harassment; moral injury;
Judgment 3482
120th Session, 2015
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his contract with immediate effect during his trial period.
Judgment keywords
Keywords:
complaint allowed; decision quashed; duty of care; probationary period; respect for dignity; termination of employment;
Judgment 3432
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that the EPO breached its duty of care towards him and successfully impugns the decision to award him a compensation which he considers inadequate.
Consideration 11
Extract:
[T]he EPO should not have simply given effect to the approach of the Dutch authorities in relation to the rights of individuals who were both EPO employees and Dutch nationals. As just noted, it was highly arguable that the approach of the Dutch authorities was wrong. Accordingly, the EPO breached its duty of care to the complainant in simply advising him to follow the IND process, which plainly involved a bureaucratic pathway that was considerably less straightforward than the issuance of an identity card. The EPO should not have given this advice without having first, on the complainant’s behalf at least, pressed the Dutch authorities to issue his children with identity cards and to have done so by reference to the 1977 Seat Agreement.
Keywords:
duty of care; headquarters agreement; privileges and immunities;
Judgment 3425
119th Session, 2015
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: After his contract was terminated, the complainant successfully challenges the rejection of his appeal, for lack of formal notification.
Consideration 7
Extract:
"The HR Director should have appreciated, and almost certainly did, that each of these three matters was being raised by the complainant with her. Also, she almost certainly would have known that, according to the Global Fund’s Human Resources Regulations and Grievance and Dispute Resolution Procedure, the complainant was obliged to take up his grievance with his line manager and not with her. In those circumstances, she was obliged to forward the e-mail, described as “formal notification” of a grievance, to the person with whom the complainant should have been dealing, namely the complainant’s line manager. The duty to do so is established by the Tribunal’s jurisprudence (see, for example, Judgments 1832, under 6, 2882, under 6, and 3027, under 7)."
Reference(s)
ILOAT Judgment(s): 1832, 2882, 3027
Keywords:
duty of care;
Judgment 3422
119th Session, 2015
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the Global Fund breached its duty of care towards the complainant and that his separation entitlements were not sufficient.
Consideration 13
Extract:
It is not in dispute that the Global Fund erred in announcing that Mr B. would temporarily occupy the newly created position of Unit Director, Africa and the Middle East [to which the complainant had applied] at a public meeting before informing the complainant personally. While the complainant received an apology both orally and in writing, it cannot be doubted that this breach of the duty of care had a negative effect on the complainant for which he is entitled to moral damages.
Keywords:
duty of care; moral injury;
Judgment 3409
119th Session, 2015
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal awarded the complainants material and moral damages stemming from IFAD's unlawful decisions and violation of its duty of care.
Consideration 10
Extract:
"The Tribunal is of the opinion that IFAD violated its duty of care and did not respect the dignity of the complainants. Specifically, with regard to Ms V., it was out of the ordinary for her job title to have suddenly changed from [...] to [...], and later [...] only after she protested against the unjustified change, which appeared to demote her. [...] By simply expecting her to apply for posts at the P-4 level, IFAD did not recognise her P-5 level nor did it respect her dignity."
Keywords:
duty of care; respect for dignity;
Consideration 9
Extract:
Although the Tribunal, as in Judgment 3172, will not rule on the lawfulness of the abolition decisions, it will consider the overall situation regarding the Fund’s treatment of the complainants, including the actions leading up to the abolition of their posts, as well as the consequent effects. Considering this, the main issues to be addressed regard the non-renewal of the complainants’ contracts, the subsequent reassignment efforts, and the extent to which IFAD fulfilled its duty of care and showed respect for the dignity of the complainants.
Reference(s)
ILOAT Judgment(s): 3172
Keywords:
abolition of post; duty of care; time bar;
Judgment 3376
118th Session, 2014
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismissed the complaint seeking the opening of an investigation into the lawfulness of the outsourcing of certain services to a private company.
Considerations 2 and 3
Extract:
"The outsourcing of certain services, that is to say the use by an organisation of external contractors to perform tasks that it feels unable to assign to officials hired under its staff regulations, forms part of the general employment policy that an organisation is free to pursue in accordance with its general interests. The Tribunal is not competent to review the advisability or merits of the adoption of such a measure in a specific field of activity (see Judgments 3225, under 6, 3275, under 8, 3041, under 6, 2972, under 7, 2907, under 13, 2510, under 10, 2156, under 8, and 1131, under 5).
An organisation that resorts to subcontractors, be they companies or individuals, must ensure that the contract it signs with them will not have an adverse impact on the situation of officials who are subject to the staff regulations and will not unjustifiably infringe the rights they enjoy under those regulations. The risk of such an infringement is particularly great in the case of long-term contractual outsourcing and in cases where the tasks involved are still partly performed concurrently by regular staff (see Judgment 2919 passim). In such cases the duty of care requires the organisation to provide the staff concerned with adequate information concerning the outsourcing procedures and their possible impact on their professional situation and to prevent any possible adverse impact thereon (see Judgments 2519, under 10, 1756, under 10(b), and 1780, under 6(a)).
It follows from the foregoing and from Article II, paragraph 1, of the Statute of the Tribunal that an official may challenge before the Tribunal the outsourcing of certain tasks only to the extent that such outsourcing has a direct adverse impact on the rights conferred by the official’s terms of appointment."
Reference(s)
ILOAT Judgment(s): 1131, 1756, 1780, 2156, 2519, 2919, 3041, 3225, 3275
Keywords:
duty of care; outsourcing;
Judgment 3375
118th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant claims, on the basis of an alleged acquired right, the application of the invalidity pension scheme in force prior to his placement on non-active status on grounds of invalidity.
Consideration 20
Extract:
It is trite principle that an international organisation owes its staff members a general duty of care not to cause them undue hardships. Accordingly, the relations between an organisation and a staff member must be governed by good faith (see, for example, Judgments 2116, under 5, and 1526, under 3).
Reference(s)
ILOAT Judgment(s): 1526, 2116
Keywords:
duty of care; good faith;
Judgment 3373
118th Session, 2014
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal stated that the Organisation, after having outsourced a part of the complainant's duties, breached its duty of care because it failed to ensure that the implementation of the arrangement did not place the complainant in financial difficulties.
Consideration 9
Extract:
"[G]iven that the new arrangements had a direct financial impact on the complainant, [the organisation] had to ensure, in accordance with the duty of care owed to its staff, that the implementation of the arrangements did not place the complainant in financial difficulty."
Keywords:
duty of care;
Judgment 3370
118th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who performed duties at a higher level than his grade, impugns the decision not to grant him a promotion and acting allowance, and partially succeeds on the basis that the Organisation breached its duty of care.
Consideration 14
Extract:
"While the complainant was not legally entitled to have his post upgraded nor was he legally entitled to be appointed to the position for which he had applied, he was entitled to have the Organisation act in good faith towards him and respect his dignity. It was an affront to his dignity to be exposed to a delay of over two years to resolve his status in circumstances where he believed, and more importantly where he knew his immediate superior also believed, he had been performing duties of [a higher] post and was suitable for appointment to such a post."
Keywords:
duty of care; good faith; respect for dignity;
Judgment 3365
118th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision dismissing his harassment complaint and his allegations of denial of justice.
Consideration 26
Extract:
"Firm precedent has it that when an official makes allegations of harassment, she or he is entitled to have them dealt with in accordance with the rules and procedures in force (see Judgment 2642, under 8). If an organisation fails to do so, it breaches not only its own policies and rules, but also its duty of care towards the official."
Reference(s)
ILOAT Judgment(s): 2642
Keywords:
duty of care; harassment;
Judgment 3357
118th Session, 2014
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: After the transfer of his pension rights acquired under a national scheme to the Organisation’s pension scheme, the complainant successfully challenges the refusal to recalculate the number of pensionable years credited to him.
Consideration 15
Extract:
"As for Eurocontrol’s duty of care, it plainly does not mean that the Organisation is obliged to exempt one of its officials from a time bar or to grant him an advantage to which he is not entitled."
Keywords:
duty of care;
Judgment 3353
118th Session, 2014
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the non-renewal of their contracts following a restructuring process and obtain moral damages for the serious affront to their dignity and the failure to give reasonable notice.
Consideration 26
Extract:
"The Tribunal’s case law states that the relations between an international organisation and a staff member must be governed by good faith, respect, transparency and consideration for their dignity (see Judgment 1479, under 12). Accordingly, an organisation is required to treat its staff with due consideration and to avoid causing them undue injury. An organisation must care for the dignity of its staff members and not cause them unnecessary personal distress and disappointment where this could be avoided. In particular, good faith requires an organisation to inform a staff member in advance of any action that it might take which may impair a staff member’s rights or rightful interest."
Reference(s)
ILOAT Judgment(s): 1479
Keywords:
duty of care; good faith; respect for dignity; staff member's interest;
Judgment 3338
118th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who is serving in the Netherlands and who no longer has Dutch nationality, impugns the decision not to help him to obtain the non-permanent resident status and tax-free car registration.
Judgment keywords
Keywords:
complaint dismissed; duty of care; residence;
Judgment 3336
118th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Considering that his personal particulars form showing his total retirement pension should also show the amount of the internal tax levied on it, the complainant impugns the decision dismissing his request to modify this document.
Consideration 6
Extract:
"The Tribunal notes [...] that almost three and a half years elapsed between the time when the complainant submitted his initial request and that when the impugned decision was rendered. In view of the circumstances of the instant case, this period is excessively long. This decision was not taken within a reasonable length of time and the Organisation did not respect the need for expeditious proceedings stemming from the duty of care which all organisations owe to their staff."
Keywords:
delay; duty of care;
Judgment 3302
116th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaints were dismissed for non-exhaustion of internal remedies under Article 7 of the Tribunal’s Rules.
Judgment keywords
Reference(s)
ILOAT reference: Article VII, paragraphs 1 and 3, of the Statute
ILOAT Judgment(s): 2780, 2811, 2939
Keywords:
complaint dismissed; decision; delay; duty of care; iloat statute; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; staff member's duties;
Judgment 3295
116th Session, 2014
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint concerning a disciplinary measure was dismissed by the Tribunal on the grounds that he had not demonstrated the existence of an error warranting the cancellation of the sanction.
Consideration 7
Extract:
"It is true that an organisation should investigate allegations of misconduct in a timely manner both in the interests of the person being investigated and the organisation. These interests include, among other things, safeguarding the reputations of both parties and ensuring that evidence is not lost."
Keywords:
consequence; delay; duty of care; evidence; inquiry; investigation; misconduct; organisation's duties;
Judgment 3282
116th Session, 2014
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenged the decision not to renew his contract based on an "overall assessment" that his performance was below the acceptable level.
Judgment keywords
Keywords:
breach; compensation; complaint allowed; contract; decision quashed; duty of care; flaw; material injury; moral injury; non-renewal of contract;
Judgment 3213
115th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to grant her a survivor's pension for her dead husband.
Consideration 7
Extract:
"International organisations have a duty of care towards their employees and must provide clear rules and regulations as well as clarifications of such when requested, but they cannot be solely responsible for every situation stemming from confusion regarding said rules. Employees are also charged with the duty to inform themselves, and to request clarification when necessary so that the system can work efficiently to the best advantage of both the Organisation and the staff members either as a group or individually (see, for example, Judgment 2997, under 6)."
Reference(s)
ILOAT Judgment(s): 2997
Keywords:
duty of care; organisation's duties; pension; pension entitlements; staff member's duties; staff regulations and rules;
Judgment 3210
115th Session, 2013
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who was physically attacked, accuses the Union of having failed in its duty of care.
Judgment keywords
Keywords:
complaint dismissed; duty of care;
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