Working relations (506,-666)
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Keywords: Working relations
Total judgments found: 59
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Judgment 2048
91st Session, 2001
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12 and 15
Extract:
Sending a threatening letter to a colleague is unacceptable conduct by an international civil servant. The Tribunal is of the opinion that this is a valid reason for not renewing a contract.
Keywords:
conduct; contract; decision; disciplinary measure; freedom of speech; grounds; misconduct; non-renewal of contract; staff member's duties; working relations;
Judgment 1972
89th Session, 2000
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
The complainant, a director of a department, was made aware of two e-mails which were written in highly indecorous terms and, although private, commented on the running of the department. The Staff Union Committee protested against what it considered to be an invasion of privacy. The complainant did not respect the order to use discretion issued by the Director of Personnel. The Director-General, considering the complainant incapable in his function as Director of a department to maintain a stable and productive working environment, transferred him to a post of special advisor. "As the Tribunal held in Judgment 1018 [...], it is the duty of the head of any international organisation to take whatever measures can reduce tensions among his staff, and a transfer in the interests of the service may be an appropriate way of settling a conflictual situation. [...] However, since it cannot be regarded as disciplinary, the measure must, as the case law prescribes, heed the staff member's dignity and good name and not cause him undue suffering. Clearly, in this case the complainant was bound to view the measure as downgrading him. However, the fact that the organization was at pains to find him an assignment in keeping with his competence if not his wishes, to maintain his grade and to exercise the utmost discretion in dealing with the matter, shows that everything was done to protect his dignity as a senior official."
Reference(s)
ILOAT Judgment(s): 1018
Keywords:
conduct; discretion; downgrading; executive head; hidden disciplinary measure; organisation's interest; respect for dignity; transfer; working relations;
Judgment 1878
87th Session, 1999
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 30
Extract:
The complainant called her supervisor a fascist while giving the nazi salute. She was dismissed summarily. "In the Tribunal's view, while the complainant's conduct was not such as to be expected from an international civil servant, nevertheless it was not so serious as to warrant summary dismissal. Her words were intemperate, spoken in the heat of the moment to a superior. That is unacceptable. There was an insulting gesture used twice which was particularly hurtful to [her supervisor], a German. Again, that is unacceptable. But on the other hand an apology was offered the same evening and again the next morning and a written acceptance was generously given by [the supervisor]. In the opinion of the Tribunal qualifying the incident as serious misconduct justifying summary dismissal would be a clearly mistaken conclusion to draw from the facts. Therefore, the disciplinary measure imposed was so disproportionate as to amount to a mistake of law."
Keywords:
conduct; disciplinary measure; fitness for international civil service; mistaken conclusion; proportionality; serious misconduct; staff member's duties; summary dismissal; supervisor; termination of employment; working relations;
Judgment 1732
84th Session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
It has been plain "that an allegation of personal prejudice will rarely be susceptible of direct proof and must usually be established by inference: see Judgment 495 [...]. Where there is a rational and legitimate explanation for the decision, however, the Tribunal should not be overzealous to infer bad faith or improper motive simply because the individuals concerned do not enjoy good personal relations."
Reference(s)
ILOAT Judgment(s): 495
Keywords:
abuse of power; bias; decision; evidence; grounds; misuse of authority; working relations;
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 1386
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
Consistent precedent has it "that the administrative authority has the widest measure of discretion in confirming the appointment of a probationer (see Judgments 503, [...] under 2; 687, [...] under 2; 1052, [...] under 4; and 1161, [...] under 4). The purpose of such discretion is to ensure that the organisation may choose staff in full freedom and independence and in so doing it will assess the imponderable aspects of the probationer's personality, which must pose no threat to the harmony of staff relations. Here the Tribunal will not intervene in the administration's choice except in the event of abuse of authority or a clear mistake of law or of fact."
Reference(s)
ILOAT Judgment(s): 503, 687, 1052, 1161
Keywords:
case law; contract; criteria; discretion; judicial review; official; organisation's interest; permanent appointment; probationary period; working relations;
Judgment 1381
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 19-20
Extract:
"As to his suitability for the international civil service, the flow of documents between him and his supervisors on matters which could easily have been dealt with by discussion and dialogue shows a deterioration in his relationswith others at work, and for that he was at least partly to blame. The many notes for the record also indicate some lack of mutual respect and trust. He got a written reprimand [...] for ignoring normal channels of communication and for threatening to ask [his government] to make an official request to the organization, but even that did not deter him. His conduct fell below the standards expected of an international civil servant. The organization was justified in deciding not to renew the complainant's appointment."
Keywords:
censure; conduct; contract; disciplinary measure; fitness for international civil service; fixed-term; non-renewal of contract; serious misconduct; working relations;
Judgment 1238
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"An employee who is wrongfully dismissed is ordinarily entitled to reinstatement. But the Tribunal may refuse to order it if it is not possible or advisable. It would not, for instance, order reinstatement if the circumstances of the dismissal were such that it would no longer be reasonably possible for the employee to perform his duties effectively or harmoniously or for the employer to continue to feel confidence or trust in him."
Keywords:
flaw; organisation's interest; reinstatement; termination of employment; tribunal; working relations;
Judgment 1231
74th Session, 1993
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 29
Extract:
The complainant requests the quashing of the organization's decision to terminate him and abolish his post. The Tribunal recalling - notably in Judgments 269 and 1207 - that it may exercise its power of review the conditions under which a post may be abolished and the subsequent consequences for the incumbent, determined that "the complainant's post was plainly created and abolished for no objective reasons, the sole purpose being to sort out the case of someone the organization was finding harder and harder to keep on because his presence had made for trouble."
Reference(s)
ILOAT Judgment(s): 269, 1207
Keywords:
abolition of post; abuse of power; case law; decision; misuse of authority; termination of employment; working relations;
Judgment 1163
72nd Session, 1992
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7 and 9
Extract:
FAO Manual paragraph 308.411 provides for the award of a within-grade salary increment to officials whose service, during a "qualifying period", is satisfactory. The complainant had her annual increment withheld. "Although difficulties were found in the complainant's attitude towards other staff, [her performance reports] do not show such a pattern of conduct as to impair the quality of her work on the assignments she was given. [...] The conclusion is that the conditions in the case law for withholding an increment were not met and that the organization committed a mistake of law in construing and applying 308.411."
Reference(s)
Organization rules reference: FAO MANUAL PARAGRAPH 308.411
ILOAT Judgment(s): 247
Keywords:
accumulation; case law; condition; conduct; enforcement; grounds; increment; increment withheld; interpretation; satisfactory service; staff regulations and rules; step; unsatisfactory service; working relations;
Judgment 1078
70th Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was transferred on account of his poor relations with other staff members. "The Tribunal is satisfied on the evidence before it that [the organisation] did not go beyond the bounds of the discretion it must be allowed in matters of internal administration and management."
Keywords:
discretion; judicial review; transfer; working relations;
Judgment 1018
69th Session, 1990
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"It is the duty of the head of any international organisation to take whatever measures can reduce tensions among his staff, bring about good working relations and improve efficiency. that is one of the factors he may take into account when considering transfers, and the Tribunal will be slow to interfere with such exercise of his discretion especially if, as is the case here, the transfer causes no injury to the employee transferred."
Keywords:
discretion; judicial review; lack of injury; organisation's interest; transfer; working relations;
Judgment 942
65th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is plain from the evidence now before the Tribunal that the transfer was flawed: first, no objective and impartial inquiry, such as the complainant had been asking for all along, had been carried out beforehand; and, secondly, there was breach of the duty any international organisation owes its staff to treat them with respect for their dignity and good name. The impugned decision must therefore be set aside."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
flaw; inquiry; investigation; moral injury; organisation's duties; professional injury; respect for dignity; transfer; working relations;
Judgment 889
64th Session, 1988
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Although the disputes [between the complainant and his employer] may indeed have made his condition worse, it is not established that that condition was directly attributable to his employment."
Keywords:
cause; illness; service-incurred; working relations;
Judgment 876
63rd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
"A ruling on the lawfulness of the impugned decision requires disclosure of the papers the complainant cites and indeed the organization is not against disclosing them. The Tribunal orders further submissions as follows: [...]."
Keywords:
further submissions; inquiry; interlocutory order; investigation; transfer; working relations;
Judgment 807
61st Session, 1987
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 16-17
Extract:
"The sole and obvious purpose [of the impugned decisions] was to get rid of someone whose work was, in the administration's view, no longer satisfactory and whose presence was disrupting the section. The dismissal is therefore tainted with abuse of authority and the decisions challenged must be set aside."
Keywords:
abolition of post; abuse of power; conduct; grounds; misuse of authority; termination of employment; unsatisfactory service; working relations;
Judgment 724
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"An official of an international organisation may find that his supervisors do not give him full credit for the talents he sees in himself and that he does not get the promotion he thinks he deserves. That will not as a rule entitle him to damages for moral injury."
Keywords:
moral injury; qualifications; work appraisal; working relations;
Judgment 592
51st Session, 1983
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The report on the complainant's performance expresses reservations about it; it appears from several items filed that there was disagreement between the complainant and those he was in touch with. "The Tribunal accordingly holds that the [...] decision [not to renew the complainant's appointment] should be deemed to be in the ITU's interests and therefore suffers from none of the defects which would entitle the Tribunal to set it aside. In particular it does not draw any clearly mistaken conclusions from the facts. The complaint must therefore be dismissed."
Keywords:
contract; fixed-term; non-renewal of contract; organisation's interest; working relations;
Judgment 503
48th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant, a dutyman, was dismissed at the end of the probationary period. The director took the view that there was personal incompatibility: there was no mistake of law. But there is no evidence that personal incompatibility made the team's work impossible. As the complainant has not asked for reinstatement, he shall receive compensation of 4,000 Deutschmarks with interest at the rate of 10 per cent from the date on which the complaint was filed.
Keywords:
material damages; mistaken conclusion; probationary period; termination of employment; working relations;
Judgment 453
46th Session, 1981
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
In the opinion of the Tribunal there is enough evidence to show that the complainant was a man with whom it was difficult, and perhaps impossible, to work. Was there a reasonable likelihood that this defect might have been cured by remonstrance and warning ? The Director-General concluded that there was not. The Tribunal is not persuaded that the Director-General's conclusion that the complainant was unsuited for international service was clearly mistaken.
Keywords:
conduct; fitness for international civil service; judicial review; probationary period; termination of employment; working relations;
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