Staff member's duties (491, 492, 493, 494, 495, 496, 497, 500, 501, 502, 503, 504, 505, 506,-666)
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Keywords: Staff member's duties
Total judgments found: 146
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Judgment 2567
101st Session, 2006
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"[I]t must be recalled that according to Article VII, paragraph 1, of the Statute of the Tribunal '[a] complaint shall not be receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of resisting it as are open to him under the applicable Staff Regulations'. The Tribunal will on its own motion examine whether this condition of receivability is met (see Judgments 60, 1082 and 1095).
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 60, 1082, 1095
Keywords:
application of law ex officio; complaint; condition; decision; iloat; iloat statute; internal remedies exhausted; provision; receivability of the complaint; staff member's duties; staff regulations and rules;
Judgment 2555
101st Session, 2006
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant was dismissed. He contends that such a punishment was disproportionate. "If it is true that the complainant altered the configuration of his computer in order to use it for purposes unrelated to his duties, and in particular to visit pornographic sites and download software and music, then the sanction cannot be regarded as disproportionate."
Keywords:
disciplinary measure; organisation's reputation; proportionality; serious misconduct; staff member's duties; termination of employment;
Judgment 2493
100th Session, 2006
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainants were issued a written warning on the grounds that they had participated in industrial action which management considered to be unlawful and that caused them to be absent from duty without authorisation. "[I]f it were a work stoppage not involving unlawful actions, the question arises as to whether the Agency could, in view of the provisions of Article 11 of the Staff Regulations whereby an official is bound to ensure the continuity of the service and must not cease to exercise his functions without previous authorisation, deem participation in the collective action by the officials in question to be unlawful. Without overlooking the fact that a strike will necessarily affect continuity of service, the Tribunal considers that, if the answer to that question were yes, it would in practice deprive of all substance the exercise of a right, the existence of which the Agency does not deny and which, according to the case law, is lawful in principle (see, for instance, Judgments 615 and 2342 of the Tribunal). To make the exercise of that right conditional on obtaining leave of absence would clearly be incompatible with the principle itself, the necessary corollary of which is the freedom of officials to follow or not to follow a call to strike duly issued by their representative organisations."
Reference(s)
Organization rules reference: Article 11 of the Staff Regulations governing officials of the Agency
ILOAT Judgment(s): 615, 2342
Keywords:
collective rights; condition; consequence; continuance of operations; disciplinary measure; freedom of association; general principle; provision; right to strike; staff member's duties; staff regulations and rules; staff union; strike; unauthorised absence; warning;
Judgment 2475
99th Session, 2005
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
The complainant was dismissed on the grounds of misconduct following an investigation. "The procedure adopted in this case was clearly flawed in that the complainant was denied the opportunity to question any of the persons whose statements were used against him, evidence of little probative value was relied upon and, at least to some extent, he was required to prove his innocence instead of having the matters alleged proven against him. [...] It follows that the [...] decision [...] to dismiss the complainant must be set aside. The complainant shall be reinstated [...] and shall receive all arrears of salaries and other benefits; he must account for any earnings from other employment."
Keywords:
adversarial proceedings; breach; burden of proof; consequence; disciplinary measure; evidence; inquiry; investigation; lack of evidence; procedural flaw; reinstatement; serious misconduct; staff member's duties; termination of employment; testimony;
Judgment 2473
99th Session, 2005
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Organization contends that since the impugned decision was notified to the complainant on 21 November 2003, he should have filed his complaint with the Tribunal, according to Article VII, paragraph 2, of its Statute, within ninety days after the date of notification, that is to say by 19 February 2004 at the latest and not in July 2004 as was the case.
Contrary to the defendant's allegation, the complainant asserts that he received the decision dated 21 November 2003 only on 28 April 2004 following a request he made to the Director-General on 15 April 2004. Since the defendant, which bears the burden of proof in this respect, has not proved that the notification actually occurred on 21 November 2003, the Tribunal must accept the date of 28 April 2004 indicated on the note transmitting a copy of the impugned decision to the complainant, and it will therefore consider that the complaint he filed on 26 July 2004 fell within the required time limit."
Reference(s)
ILOAT reference: Article VII, paragraph 2, of the Statute
Keywords:
burden of proof; complainant; complaint; date; date of notification; decision; executive head; iloat; iloat statute; information note; lack of evidence; mandatory time limit; organisation's duties; request by a party; staff member's duties; time limit;
Judgment 2467
99th Session, 2005
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The complainants [...] claim compensation for the injury resulting from the delay with which their internal appeals were considered. [...] On this point, the Tribunal must recall that international organisations are fully responsible for the way their internal appeal bodies operate. In the cases in hand, however, it is worth noting that the long delay between the filing of the appeals and the reply given to them is to a large extent due to the fact that the complainants themselves waited until June 2003, and in some cases until August or October 2003, to file a rejoinder to the replies sent on behalf of the Director-General between June and August 2001. Even though their rejoinders were not mandatory from a legal point of view, these long delays show that the complainants did not pursue their appeals as diligently as precedent would require (see Judgment 1970 on this point). The Tribunal takes the view, therefore, that given the circumstances, the duration of the internal appeal procedure was not such as to amount to wrongdoing on the part of the Organization warranting redress."
Reference(s)
ILOAT Judgment(s): 1970
Keywords:
breach; case law; claim; compensation; complainant; consequence; date; delay; executive head; injury; internal appeal; internal appeals body; liability; misconduct; organisation; organisation's duties; procedure before the tribunal; rejoinder; reply; right; staff member's duties; time limit;
Judgment 2458
99th Session, 2005
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3 and 7
Extract:
In Judgment 2189 the Tribunal ordered the Organization to "appoint a medical board without delay". The complainant filed an application for execution of that judgment. "Once again, the complainant attempts to bypass the internal remedies, and have her internal appeal, which has been pending for over ten years, heard by the Tribunal on its merits. To do so, she would have to persuade the Tribunal that the failure of the medical board to take up and report on her claim and thereby allow her internal appeal to proceed was due to the wilful fault or neglect of UNIDO. [But] it is clear that [...] by July 2003, the necessary preliminary steps to set up the medical board had been taken and that the delays which took place after that time were largely due to the complainant herself. [...]
The obligation imposed on the Organization by Judgment 2189 to establish a medical board without delay is not wholly a one-way street. The complainant owes a duty of good faith and in the circumstances this includes not only the duty not to impede or prevent the medical board's functioning [...] but also the duty actively to collaborate with the board and to allow it to undertake its duties effectively. If the complainant had reservations about the terms of reference of the board she no doubt had the right to make them known as she did, but she could not insist on them as non-negotiable conditions precedent to the board carrying out its inquiry."
Reference(s)
ILOAT Judgment(s): 2189
Keywords:
application for execution; delay; execution of judgment; good faith; internal appeal; medical board; order; procedure before the tribunal; request by a party; staff member's duties; time limit;
Judgment 2456
99th Session, 2005
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9 and 11
Extract:
The complainant joined the Organisation in January 1998 under a fixed-term appointment. His contract, which was extended in 2003, was due to expire on 14 June 2004; it was not renewed due to the implementation of the seven-year tenure rule. He has produced before the Tribunal a document signed by the Director-General containing data about his performance, in which his date of entry on duty was incorrectly shown as 24 May 1997. He contends that the Director-General relied on that data in deciding not to renew his contract. "Since in the implementation of its policy the Organisation was said to be applying a 'first in, first out' rule, an error of over seven months in the calculation of any employee's length of service may be of critical importance. That is especially the case where such apparent error has the effect of indicating wrongly that the employee would at the time of his separation from the Organisation have served more than seven years. The Tribunal considers the alleged errors of fact to be material. [...] The non-renewal decision must be set aside and the Organisation shall be ordered to pay to the complainant the full balance of salary and benefits to which he would have been entitled if he had received a one-year extension of his contract to 14 June 2005. The complainant must account for any earnings from other employment during that period."
Keywords:
allowance; appointment; consequence; contract; date; decision; duration of appointment; enforcement; extension of contract; fixed-term; general principle; mistake of fact; non-renewal of contract; official; organisation's duties; period; reckoning; right; salary; staff member's duties; written rule;
Judgment 2427
99th Session, 2005
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[T]he vacancy notice stipulated: «Good knowledge of English or French; basic knowledge of the other language or an understanding to acquire it rapidly». The complainant denies that the importance of acquiring rapidly a basic knowledge of French was clearly explained to him, but his denial fails to take into account that even the vacancy notice was unambiguous in that regard. The Tribunal finds, from the evidence on file, that he was sufficiently warned, at the beginning of his probation period and later on, about the language requirements for his post. It is clear, and the complainant admits, that his knowledge of French did not improve enough to enable him to participate in meetings, right to the end of his probation period. That alone constitutes sufficient cause for his negative end-of-probation report. Such cause, and the resulting termination of his appointment, could not possibly have surprised him."
Keywords:
consequence; duty to inform; grounds; knowledge of languages; non-renewal of contract; organisation's duties; probation report; probationary period; staff member's duties; termination of employment; vacancy notice;
Judgment 2389
98th Session, 2005
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Under [Staff] Rule [105.3], it is not sufficient for entitlement to home leave that internationally recruited staff members be serving in a country other than that of which they are nationals; they must also meet the required conditions. Thus, paragraph 2a of the Rule stipulates that a staff member shall be eligible for home leave provided that while performing his official duties he continues to reside in a country other than that of which he is a national. This condition is clearly not met in the case of a staff member who lived in his home country only during his early childhood and who, at the time of his appointment, had been residing for several decades, practically without a break, in the country where he performs his official duties."
Reference(s)
Organization rules reference: UPU Staff Rule 105.3
Keywords:
appointment; condition; difference; duty station; home leave; nationality; non-local status; official; provision; residence; right; staff member's duties; staff regulations and rules;
Judgment 2345
97th Session, 2004
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1(c)
Extract:
"[A]n organisation, as part of its duty of care for its staff, is expected to help any staff member who is mistaken in the exercise of a right, if such help will enable the staff member to take useful action. If it is not too late, the organisation should also provide the staff member with procedural guidance.
In this case, [...] the Organization should have realised that the complainant was mistaken and that he did not need to wait for an authorisation before filing a complaint with the Tribunal. It had enough time to point out to him that his complaint against the Director-General's decision [...] should be filed directly with the Tribunal within ninety days after the notification of the decision.
As the complainant was not given that guidance, he failed to act in time and the complaint should be declared irreceivable. Such a ruling would not, however, be compatible with the requirements of good faith which the parties and the Tribunal must observe."
Keywords:
complaint; date of notification; direct appeal to tribunal; duty of care; duty to inform; good faith; internal appeal; organisation's duties; receivability of the complaint; right of appeal; staff member's duties; time bar; time limit; tribunal;
Judgment 2316
96th Session, 2004
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"Res judicata operates to bar a subsequent proceeding if the issue submitted for decision in that proceeding has already been the subject of a final and binding decision as to the rights and liabilities of the parties in that regard. It extends to bar proceedings on an issue that must necessarily have been determined in the earlier proceeding even if that precise issue was not then in dispute. In such a case, the question whether res judicata applies will ordinarily be answered by ascertaining whether one or other of the parties seeks to challenge or controvert some aspect of the actual decision reached in the earlier case."
Keywords:
complaint; decision; definition; enforcement; finality of judgment; general principle; intention of parties; judgment of the tribunal; judicial review; organisation's duties; procedure before the tribunal; res judicata; right; same cause of action; same purpose; settlement out of court; staff member's duties; tribunal;
Judgment 2315
96th Session, 2004
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 22-23
Extract:
"There are two aspects to the rule against retroactivity. The first is a rule of interpretation which requires that a provision not be construed as having retroactive effect unless that is clearly intended. The second is a substantive rule of international civil service law which, as explained in Judgment 1589, prevents a retroactive change in the legal status of staff save in limited circumstances [...]. However, to state the rule in this way is not to expose what is meant by 'retroactive'. In general terms, a provision is retroactive if it effects some change in existing legal status, rights, liabilities or interests from a date prior to its proclamation, but not if it merely affects the procedures to be observed in the future with respect to such status, rights, liabilities or interests."
Reference(s)
ILOAT Judgment(s): 1589
Keywords:
amendment to the rules; case law; collective rights; condition; consequence; date; definition; effect; exception; general principle; international civil service principles; interpretation; non-retroactivity; official; organisation's interest; procedure before the tribunal; provision; publication; purpose; right; staff member's duties; staff member's interest;
Judgment 2304
96th Session, 2004
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
In its Judgment 2246, the Tribunal ordered the Organization to provide the complainant within 30 days of notification of the judgment with part of the documents supplied to the Tribunal pursuant to Judgment 2192. The complainant points out that the Organization failed to do so within the time limit. "The Tribunal finds that the delay in supplying the documents cannot be attributed solely to the Organization. Prior to the expiry of the prescribed time limit, the latter [...] had written to the complainant asking him to undertake not to divulge the requested documents to third parties. Rather than reply to that letter, the complainant filed an application for execution with the Tribunal, whereas he ought to have shown good faith by replying to the defendant's request."
Reference(s)
ILOAT Judgment(s): 2192, 2246
Keywords:
application for execution; communication to third party; confidential evidence; date of notification; delay; direct appeal to tribunal; execution of judgment; good faith; iloat; judgment of the tribunal; liability; organisation; request by a party; staff member's duties; time limit;
Judgment 2300
96th Session, 2004
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4(a)
Extract:
"A general decision which establishes the obligations and/or rights of a group of officials, without requiring an implementing decision, may be directly challenged; one example of this would be a decision concerning an electronic clocking-in system (see Judgment 2279 [...]). However, such a decision is not challengeable if its terms are not sufficiently clear in themselves to allow a challenge (see Judgment 2258, under 3)."
Reference(s)
ILOAT Judgment(s): 2258, 2279
Keywords:
case law; collective rights; condition; direct appeal to tribunal; general decision; individual decision; official; staff member's duties; working hours;
Judgment 2293
96th Session, 2004
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11-12
Extract:
"While there is no doubt whatever that the Organisation owes a duty of good faith to its staff - '[r]elations between an organisation and its staff must be governed by good faith' (see Judgment 2116) - bad faith must be proved and is never presumed. [...] Although to act in bad faith is always to mismanage, the reverse is not the case and honest mistakes or even sheer stupidity will not, without more, be enough. Bad faith requires an element of malice, ill will, improper motive, fraud or similar dishonest purpose."
Reference(s)
ILOAT Judgment(s): 2116
Keywords:
burden of proof; decision; evidence; good faith; lack of evidence; misconduct; organisation's duties; staff member's duties; working relations;
Judgment 2279
96th Session, 2004
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4(b)
Extract:
As regards receivability of a complaint challenging an administrative circular, "A distinction needs to be drawn [...] between instructions whose purpose is to tell the Administration how to apply the law, which have no direct bearing on the legal status of staff members, and administrative decisions which impose obligations on staff themselves, particularly decisions affecting an indeterminate number of staff." (in this case, it was an administrative circular dealing with the introduction of an electronic system for recording the attendance of staff members)
Keywords:
administrative instruction; cause of action; complaint; consequence; effect; individual decision; receivability of the complaint; staff member's duties; working hours;
Judgment 2223
95th Session, 2003
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The fact that the Director-General [did not initiate] the appeal procedure invalidates the defendant's argument that internal remedies were not exhausted, although they should have been as required by article vii of the Tribunal's Statute. While it is regrettable that the case was never brought before the Joint Advisory Appeals Board, this does not prevent the Tribunal from ruling on the merits of the complaint, which has been filed within the applicable rules."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
competence of tribunal; consequence; executive head; formal requirements; good faith; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; organisation; organisation's duties; procedure before the tribunal; receivability of the complaint; refusal; staff member's duties;
Judgment 2214
95th Session, 2003
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(B) and (C)
Extract:
The complainant asked for the payment of the expatriation allowance provided for in Article 72 of the EPO's Service Regulations. The Tribunal gave "a definition of permanent or continuous residence". While this requires actual long-term presence in the country concerned, it does not necessarily exclude another residence. In judgment 1099 the Tribunal held that in order to establish whether the complainant met the condition of 'continuous residence' in the country of his duty station for at least three years prior to being recruited by the Office, it was necessary to determine whether there were "objective and factual links with that country". It added that: "what matters is that the complainant had to live, and did live [in that country]". It was not important to know whether the complainant had paid taxes there or whether, at the same time, he kept a home address at his former place of residence (see Judgment 1099, under 8). The status of the residence is not relevant either (see Judgment 1150). It is clear from the case law when residence must be deemed to have been interrupted, within the meaning of Article 72 of the Service Regulations. It is not sufficient for the person concerned to have stopped living in a particular country; he must in addition have intended to leave the country for some length of time."
Reference(s)
Organization rules reference: ARTICLE 72 OF THE SERVICE REGULATIONS FOR PERMANENT EMPLOYEES OF THE EUROPEAN PATENT OFFICE
ILOAT Judgment(s): 1099, 1150
Keywords:
appointment; assignment; case law; condition; definition; duty station; iloat; judgment of the tribunal; non-resident allowance; period; place of origin; provision; request by a party; residence; staff member's duties; staff regulations and rules; tax;
Judgment 2197
94th Session, 2003
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 33
Extract:
"Since compliance with internal appeal procedures is a condition precedent to access to the tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed. Here, while the [Joint Appeals] Board, once the meetings had started, came to its conclusion fairly quickly, there can be no valid excuse to justify the delay of over twenty months between the filing of the internal appeal and the start of the hearings. No doubt some of this was due to the complainant herself and the long convoluted and complicated nature of her pleadings, which frequently contradict themselves, but [the organization] cannot escape responsibility for the inordinate amount of time taken." The Tribunal awards 3 000 euros in damages.
Reference(s)
ILOAT Judgment(s): 2072
Keywords:
administrative delay; delay; internal appeal; internal appeals body; internal remedies exhausted; material damages; moral injury; oral proceedings; organisation's duties; staff member's duties;
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