Judgment 805
61st Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
While acknowledging the complainants' right to strike, the Tribunal concludes that the organisation did not in this case exceed the proper scope of its authority. the number of staff ordered to work was relatively low with respect to the total number of staff members in the Office.
Keywords:
abuse of power; misuse of authority; requisition; right to strike; strike;
Consideration 18
Extract:
"An international organisation has the right [...] when its staff goes on strike [...] among other things [to] order staff to perform their duties. Provided it respects the principle of proportionality such order will not upset the proper balance between the parties' rights and duties in the event of a collective dispute."
Keywords:
proportionality; requisition; right to strike; strike;
Consideration 11
Extract:
"Delegation is the normal method of exercising authority within an organisation, and the competence of the head of personnel, who expressly mentioned the higher authority from whom he derived it, is unchallengeable."
Keywords:
competence; decision; decision-maker; delegated authority; requisition; right to strike; strike;
