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 1685
84th Session, 1998
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant "must have known that a career in the international civil service might require him to change duty stations at any time."
Keywords:
duty station; official; organisation's interest; staff member's duties; transfer;
Judgment 1608
82nd Session, 1997
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The complainant had two obligations. First, he had to observe the hierarchical channels of communication if he wanted to refer a matter to the Organisation's decision-making bodies. Secondly, Article 17 of the Regulations required him to exercise discretion in the use of information that came to his knowledge in the course of duty. Since he acted in breach of both of those obligations the reprimand was fully justified."
Reference(s)
Organization rules reference: ARTICLE 17 OF EUROCONTROL STAFF REGULATIONS
Keywords:
censure; disciplinary measure; duty of discretion; proportionality; staff member's duties; staff regulations and rules; supervisor;
Judgment 1599
82nd Session, 1997
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Striking someone in the face at work is an act that WHO was justified in treating as misconduct, which Staff Rule 110.8.1 defines as 'any improper action by a staff member in his official capacity'. The Organization rightly took the view that such violence at the workplace was not to be tolerated. [...] The sanction of a written reprimand was not disproportionate to the misconduct that consisted in striking another staff member."
Reference(s)
Organization rules reference: WHO STAFF RULE 110.8.1
Keywords:
censure; conduct; disciplinary measure; misconduct; proportionality; staff member's duties; working relations;
Judgment 1584
82nd Session, 1997
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Besides carrying out his allotted tasks an international civil servant has a duty to show such dignity of behaviour as not to harm the good name that the organisation must enjoy if it is to do its job properly. He must in particular abide by the law and respect the public order of the host State or of any other country it may assign him to."
Keywords:
conduct; fitness for international civil service; organisation's reputation; staff member's duties;
Considerations 9 and 11
Extract:
The complainant failed time and again to meet his financial obligations - in particular the payment of alimony to his family - disobeyed the judicial and administrative authorities of the host country and received several prison sentences. The permanent mission of the host country and his creditors approached the Organization many times. "In behaving as he did he obviously showed scant regard for his duties as an international civil servant and betrayed the Organization's trust. It was only reasonable that the WMO should consider that his conduct precluded keeping him on." There was no breach of the rule of proportionality.
Keywords:
conduct; disciplinary measure; fitness for international civil service; misconduct; organisation's interest; organisation's reputation; outside activity; proportionality; staff member's duties; termination of employment;
Judgment 1550
81st Session, 1996
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"If the complainant felt that the representative's order was ultra vires the proper course was for him, not just to carry on regardless, but to raise the issue with the representative and, if necessary, refer it through the representative to Headquarters for a ruling. By failing to obey an explicit and unambiguous order from his supervisor he was in breach of his duty under the Staff Regulations, which declare staff to be subject to the authority of the Director. In this instance that authority had been delegated to the representative."
Keywords:
conduct; decision; decision-maker; delegated authority; due process; insubordination; staff member's duties; staff regulations and rules; supervisor;
Judgment 1532
81st Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"Claim 8 is to costs. Again the Tribunal reminds [the complainant], in view of the intemperate language of his submissions, that he owes a duty of respect to the Organization and to its staff. Because he has failed in that duty the Tribunal disallows his claim to costs, even though one of his claims succeeds."
Keywords:
claim; complaint; conduct; costs; freedom of speech; limits; no award of costs; organisation's reputation; staff member's duties;
Judgment 1531
81st Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
As for his claim to costs, "the Tribunal observes, in view of the intemperate language of his submissions, that he owes a duty of respect to the defendant and to its staff. Though his complaint succeeds in part, his claim to costs is disallowed because he has not fulfilled that duty."
Keywords:
complainant; conduct; freedom of speech; limits; no award of costs; official; organisation's reputation; staff member's duties;
Judgment 1501
81st Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The proper performance of his mission by an international civil servant requires him to avoid such infringement of the ethical rules of the host country as may hamper or prevent the discharge of duty." The complainant's breach of those rules warranted transfer to Headquarters.
Keywords:
conduct; duty station; field; fitness for international civil service; headquarters; official; outside activity; staff member's duties; transfer;
Judgment 1480
80th Session, 1996
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Organization took the quite proper view that, though it would not become involved in personal affairs, it expected a staff member to honour any financial obligations and would act if standards of conduct were such as to impair its own demonstrable interests or discredit it and its officials."
Keywords:
conduct; official; organisation's reputation; outside activity; staff member's duties;
Judgment 1475
80th Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"It is inadmissible that a staff member should involve government officials in questioning the organization's internal workings."
Keywords:
conduct; independence; organisation; staff member's duties;
Judgment 1460
79th Session, 1995
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The whole time of staff members in the professional and higher categories is at the organization's disposal and they are properly expected to complete the work assigned to them without compensation for any overtime. It is therefore permissible to base their working week on the conditions prevailing at their duty station and to make no adjustment in pay to take account of differences in hours of work within the common system."
Keywords:
duty station; overtime; post adjustment; professional category; staff member's duties; working hours;
Judgment 1405
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant was charged with unsuitability for the international civil service and the Organization decided not to renew his appointment. "The WHO's reasons for not renewing his appointment might have warranted disciplinary proceedings [...]. Though in no way bound to take disciplinary action against him, it was of course free to take into account any evidence of behaviour that led it to believe - as it does - that he was unfit for international service."
Keywords:
conduct; contract; disciplinary procedure; fitness for international civil service; grounds; non-renewal of contract; organisation's interest; staff member's duties;
Judgment 1381
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 18 and 20
Extract:
During a staff meeting the complainant spoke out on issues of a personal nature. Although he then heeded an order not to raise personal matters at staff meetings, "his subsequent remarks show some defiance, even if they were not intended to threaten; by circulating the text of his statement to the staff he thwarted that ruling; and the language he used in it, and his refusal to withdraw it,only made matters worse. He was thereby guilty of misconduct likely to undermine the authority of his supervisors and to disrupt the functioning of the organization by embroiling other officials in personal disputes. [...] The organization was justified in deciding not to renew the complainant's appointment."
Keywords:
conduct; contract; fixed-term; insubordination; non-renewal of contract; organisation's interest; serious misconduct; staff member's duties;
Judgment 1363
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 24 to 26
Extract:
The complainant submits that while on leave without pay he was free to earn money without being bound by any professional obligations as an employee of the EPO. "The plea fails. An official who is granted leave for any reason remains bound by all professional obligations but one - for that is what leave means - the performance of duties [...] so the complainant must be judged on his behaviour throughout the period of his employment in the organisation, no diminution whatever of his obligations being admissible while he was on leave."
Keywords:
amendment to the rules; organisation's interest; staff member's duties; unpaid leave;
Consideration 38
Extract:
The complainant alleges that the charges against him of misconduct and his subsequent dismissal were mistaken. On the evidence "the Tribunal is satisfied that the complainant was in breach of his professional obligations throughout the period of his service at the EPO in that without leave he had set up and was running a consultancy firm under cover of his main professional activity. Such professional misconduct was compounded by the coincidence between the area of the firm's business and the EPO's own area of competence and by his offering or actually providing services to his customers that were connected with his official duties at the EPO."
Keywords:
conduct; continuing breach; disciplinary measure; misconduct; organisation's interest; outside activity; serious misconduct; staff member's duties; termination of employment;
Consideration 40
Extract:
The complainant was charged with serious misconduct and dismissed. He alleges that the EPO imposed a penalty that was too severe and disproportionate in order to get back at him for his staff union work. "There is not a shred of evidence to support the charge of 'union-bashing' he levels against the EPO. What prompted the disciplinary proceedings was his pursuit of private business for his own enrichment and in abuse of his position as an official."
Keywords:
bias; breach; disciplinary measure; disciplinary procedure; outside activity; proportionality; staff member's duties; staff union activity;
Consideration 42
Extract:
The complainant was charged with serious misconduct and dismissed. He regards the penalty he received as disproportionately severe in that, among other things, the organisation reduced his severance grant. "The EPO was fully justified in getting rid of an employee whose doings were a constant challenge to its authority and deeply disruptive of the public service and in using its power under [...] the Service Regulations to impose on him the further penalty of making the maximum allowable reduction in severance grant."
Keywords:
amount; breach; organisation's interest; staff member's duties; staff regulations and rules; terminal entitlements; termination of employment;
Judgment 1347
77th Session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The complainant received financial aid from the PAHO to pursue her studies. Her university waived part of her tuition fees so that the cost to her was less than the amount she collected. "The conclusion is that she did not take sufficient care to make full disclosure to the organization of the assistance given by the university."
Keywords:
allowance; amount; duty to inform; education expenses; refund; staff member's duties; unjust enrichment;
Judgment 1346
77th Session, 1994
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant was dismissed on grounds of serious misconduct. He submits that "the punishment is out of proportion to any offence he may have committed. [...] He is wrong. As the Joint Disciplinary Committee unanimously held, he was guilty of 'wilful and repeated insubordination', had never since shown 'the slightest contrition or change of mind' and had offered 'unacceptable explanations for his behaviour'. The conclusion is that in the circumstances there was nothing disproportionate about the sanction."
Keywords:
advisory body; advisory opinion; disciplinary measure; disciplinary procedure; insubordination; misconduct; proportionality; staff member's duties;
Consideration 11
Extract:
The complainant was dismissed for serious misconduct. The complainant does not succeed "in his contention that Interpol's real intent was to abolish his post as system programmer and replace it with one for an operations technician. There is no evidence to bear that out. Even if the organization did mean to reform its computer service, that afforded no grounds for the complainant's disobedience let alone for supposing, as he makes out, that such abolition prompted his dismissal."
Keywords:
abolition of post; insubordination; lack of evidence; organisation's interest; staff member's duties; termination of employment;
Judgment 1312
76th Session, 1994
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The complainant started divorce proceedings and was charged with acting against "law and morals" in his home country and was held there against his will. He was unable to return to his duty station at the end of his home leave and the Agency decided not to renew his appointment. "Circumstances relating to an official's private life - even though they may prompt civil or penal proceedings - are relevant in the area of administration only insofar as they may affect his performance of official duties."
Keywords:
conduct; contract; fitness for international civil service; fixed-term; municipal court; non-renewal of contract; outside activity; staff member's duties;
Judgment 1277
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"Acknowledging that a staff member has a right to leave work by way of protest against an administrative decision he does not care for would indeed mean letting him take the law into his own hands and do justice unto himself. The right of 'legitimate defence' and self-help that the complainant is claiming is alien to due process and, if tolerated, would wreak havoc in any administration."
Keywords:
due process; organisation's interest; staff member's duties; unauthorised absence;
Judgment 1275
75th Session, 1993
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
It is "the complainant who is under the duty to meet the conditions for the grant of family allowances."
Keywords:
burden of proof; dependant; social benefits; staff member's duties;
Judgment 1261
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant, whose duties included processing claims for overtime hours, was charged with using the organization's funds for his own benefit and suspended. He is seeking payment for 150 hours' overtime. The Tribunal holds that "it was his duty as the responsible officer to ensure that the organization's rules were being complied with. If they were not he should have brought the matter to the notice of his supervisors. There is no evidence that he did so. That he may have failed to apply the rules in processing claims from other employees does not entitle him to object that the organization is wrong to apply them to him. [...] The conclusion is that he failed to comply with the rules on overtime claims."
Keywords:
disciplinary measure; negligence; overtime; payment; request by a party; staff member's duties;
Considerations 7-8
Extract:
The complainant, whose duties included processing claims for payment of overtime hours, was charged with using the organization's funds for his own benefits and suspended. He has not managed to show that he did the overtime. So his claim of payment of the overtime hours, like his claim to damages and interests, fails.
Keywords:
burden of proof; disciplinary measure; negligence; overtime; payment; request by a party; staff member's duties;
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