|
|
 |
|
|
Participation (448, 449, 450, 451, 452, 453, 454,-666)
You searched for:
Keywords: Participation
Total judgments found: 19
Judgment 2821
107th Session, 2009
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6 to 10
Extract:
The complainant was employed by the ILO from 16 June 1995 until 30 April 2004 under two temporary contracts which were extended several times and did not provide for pension coverage. On 1 May 2004 he was granted a fixed-term contract and acquired the status of an official of the Organization. On 1 August 2006 he filed a grievance, requesting that the above-mentioned period be validated for the purposes of affiliation to the United Nations Joint Staff Pension Fund.
"The complainant did not challenge the content of [his temporary] contracts within the six-month time limit laid down for this purpose in the contracts themselves. It follows that he was manifestly no longer in a position, by the date on which he filed his grievance with the Organization, i.e. more than two years after the end of the period covered by his last contract, to challenge the provisions thereof."
The Tribunal rejected the arguments on which the complainant relied to persuade it that this time limit was not applicable to him.
Keywords:
contract; date; extension of contract; fixed-term; internal appeal; official; participation; participation excluded; pension entitlements; receivability of the complaint; request by a party; short-term; status of complainant; time bar; time limit; unjspf; validation of service;
Judgment 2768
106th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
"The principle of good faith and the concomitant duty of care demand that international organisations treat their staff with due consideration in order to avoid causing them undue injury; an employer must consequently inform employees in advance of any action that may imperil their rights or harm their rightful interests (see Judgment 2116, under 5). This duty of care is greater in a rather opaque or particularly complex legal situation. [...] When the complainant took up employment with the Office it had been possible, for at least a year, to obtain the transfer of pension rights from the USS to the Office's pension scheme. But it is clear from the file that the applicable rules were so complex that a mere perusal of the documentation would not enable employees to understand them fully. Furthermore, the Administration and staff members were still largely unfamiliar with the possibility of transferring pension rights. In the light of these particular circumstances, the Office's duty to inform could not be confined to merely handing the applicable texts to the staff members concerned by a possible transfer. This duty demanded that the Office, having obtained such information as was necessary, should draw to the attention of the staff members concerned the possibility of obtaining a transfer of pension rights and should inform them of the procedure to be followed."
Reference(s)
ILOAT Judgment(s): 2116
Keywords:
duty of care; duty to inform; good faith; organisation's duties; participation; pension; pension entitlements; respect for dignity; staff member's interest; staff regulations and rules; transfer of pension rights;
Judgment 2584
102nd Session, 2007
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The Organization contends that the complainant had until 22 September 2003 to submit his notice of appeal. As it was submitted on 2 October, UNESCO considers that it was filed outside the time limit set down in the Statutes of the Appeals Board. The Tribunal notes that a memorandum of 5 September 2003 informed the complainant that the administration would contact him with a view to reaching an amicable settlement. "If an organisation invites settlement discussions or, even, participates in discussions of that kind, its duty of good faith requires that, unless it expressly states otherwise, it is bound to treat those discussions as extending the time for the taking of any further step. That is because settlement discussions must proceed on the basis that no further step will be necessary. Where, as here, there has been no actual decision but the Organization has invited settlement discussions, the duty of good faith requires it to treat the time for taking a further step as running from the termination of those discussions and not from some earlier date identifiable as the date of an implied negative decision. That is because the invitation necessarily implies that, no matter what the Staff Regulations or Staff Rules provide, no final decision has been or will be taken during the course of discussions."
Keywords:
absence of final decision; breach; consequence; date; decision; exception; extension of contract; good faith; implied decision; internal appeal; internal appeals body; new time limit; organisation's duties; participation; procedure before the tribunal; proposal; provision; purpose; settlement out of court; staff regulations and rules; start of time limit; time limit; written rule;
Judgment 2440
99th Session, 2005
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 8-9
Extract:
An international organisation cannot presume that a staff member participated in industrial action, and withold part of his/her salary, if it does not have proof of his/her participation in the collective actions.
Keywords:
deduction; entitlement for service rendered; evidence; organisation's duties; participation; right to strike; salary; strike;
Judgment 2403
98th Session, 2005
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"It is not in doubt that an international organisation is under an obligation to take proper measures to protect its staff members from physical injury occurring in the course of their employment. The same is true with respect to loss of or damage to their personal property. As a matter of principle, the same must be true of financial loss suffered in the course of their employment. Particularly is that so where, as here, the loss is directly associated with compulsory participation in a fund established by the organisation and managed in accordance with rules which limit the participants' rights with respect to that fund."
Keywords:
deficiency payment; liability; lump-sum; material injury; organisation's duties; participation; pension; provident fund; right; working conditions;
Judgment 2229
95th Session, 2003
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(a)
Extract:
"A transfer of a disciplinary nature must afford the staff member the safeguards available in the case of disciplinary sanctions, that is the right to be heard before the sanction is ordered, with the opportunity for the staff member concerned to participate in the full processing of the evidence and to make all his pleas. It matters little in this respect whether or not transfer is envisaged amongst the disciplinary sanctions set out in the staff regulations. What is decisive is whether the transfer appears to be the consequence of alleged professional shortcomings [...] which may [...] give rise to disciplinary sanctions (see Judgments 1796, 1929 under 7, 1972 under 3 and 4, and the cases cited therein)."
Reference(s)
ILOAT Judgment(s): 1796, 1929, 1972
Keywords:
case law; consequence; disciplinary measure; disclosure of evidence; evidence; formal requirements; misconduct; official; organisation's duties; participation; right to reply; safeguard; staff regulations and rules; transfer;
Judgment 2107
92nd Session, 2002
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant's claim that he should be considered as a fixed-term staff member cannot be sustained. The complainant was recruited as a short-term staff member, without having to go through a competition process; he accepted several contract renewals. It was within the discretionary authority of the Director-General to decide during the years that the complainant was with the organization whether to renew each short-term contract or offer him a fixed-term contract. There is no basis on which the complainant can claim to be treated retroactively as if he had a fixed-term contract. He was at all times a short-term staff member."
Keywords:
acceptance; appointment; claim; competition; complainant; contract; decision; discretion; executive head; fixed-term; non-retroactivity; official; participation; refusal; short-term; status of complainant; terms of appointment;
Judgment 2072
91st Session, 2001
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant benefited from a voluntary separation programme that the organization had had to implement because of financial difficulties. He is challenging the refusal to consider his request for re-employment. "The organization cannot be taken to task for not considering him for [vacant] posts for which he had not applied, or for not offering him another [post] while it was still in financial straits."
Keywords:
agreed termination; budgetary reasons; competition; failure to answer claim; participation; post; refusal; reinstatement; request by a party; separation from service; vacancy; vacancy notice;
Judgment 1839
86th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 16-17
Extract:
"The complainants plead that the staff representatives having withdrawn, the [Local Salary Survey Committee] was no longer competent to act and that the organization was in breach of its duty of consulting the staff either through such a body or else, in accordance with Staff Regulation 8.1, directly. [This] plea [...] must fail. Not only did the Committee and its working party both comprising staff representatives function for many months before the survey began, but the Committee did not, as the complainants make out, cease to exist after the staff representatives had withdrawn. The [organization] repeatedly invited them to take part, and their refusal to do so did not have the effect of disqualifying the Committee or invalidating its recommendations. The methodology [of the International Civil Service Commission] provides in paragraph 6 that, though it is preferable to have representatives of both management and staff take part, the technical requirements will still be met even if one side prefers not to; so that actual participation by both sides is not a requirement. Nor was there any breach of Regulation 8.1. [The Tribunal draws an analogy between this issue and the issue considered in Judgment 1565]."
Reference(s)
Organization rules reference: WHO STAFF REGULATION 8.1 PARAGRAPH 6, METHODOLOGY OF THE INTERNATIONAL CIVIL SERVICE COMMISSION
ILOAT Judgment(s): 1565
Keywords:
case law; competence; composition of the internal appeals body; consultation; delegated authority; formal requirements; icsc decision; organisation's duties; participation; qualifications; recommendation; salary; staff representative;
Judgment 1767
85th Session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-13
Extract:
The texts provide that one member of the Selection Committee "must be the Staff Association's President or his nominee'. [...] Here the Staff Association refused to take part in the selection. Although a representative of the Association is free to take part, his refusal to do so cannot make the Committee's choice void. If that were so, the Staff Association's representative would have a veto [...]."
Keywords:
consequence; participation; refusal; right; selection board; staff representative; staff union;
Judgment 1245
74th Session, 1993
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 28-29
Extract:
"A duty does lie on the Agency to ensure that a staff member who qualifies should be made a participant in the [United Nations Joint Staff Pension] Fund, and the decision the Agency took [...] to exclude the complainant from participation in the Fund was based on several mistakes of fact and law [...]. Because the Agency committed those mistakes and failed in its duty to have the complainant readmitted in the fund [...] she is entitled to be put as far as possible in the position that she would be in now had she been readmitted to the Fund at the earliest available opportunity."
Keywords:
complainant; condition; judicial review; mistake of fact; organisation's duties; participation; unjspf;
Judgment 445
46th Session, 1981
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant maintains that the fact of his having begun the probationary period at the beginning of his consultancy contract conferred on him the right to participation in the pension fund. But the probationary period and pensionable service do not necessarily coincide. The complainant was treated as a probationer from the material date because a provision of the Staff Rules stipulated that service prior to appointment could be credited towards completion of probation. The provision does not rule out application of the rule disqualifying a consultant for participation in the fund.
Keywords:
contract; external collaborator; participation; period; probationary period; right; unjspf; validation of service;
Consideration 2
Extract:
The complainant maintains that his provisional acceptance of employment as a consultant was based on statements by three officials who acknowledged is right to participate in the Pension Fund from that time. There is no evidence of such statements. "The complainant has all the less reason to object to the absence of proof because at the material time the statements were made, it was open to him to ask the three officials to confirm in writing what they had said."
Keywords:
lack of evidence; participation; promise; unjspf; validation of service;
Judgment 417
44th Session, 1980
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
A new provision as well as an [indirect] amendment to his contract allowed the participation of the complainant in a pension fund. He may not validate prior service because his earlier participation was specifically excluded under the terms of his contract of employment, such a situation having been provided for by the material provisions.
Keywords:
amendment to the rules; contract; participation; participation excluded; pension; unjspf; validation of service;
Judgment 364
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"It is of course open to argument whether there is any duty upon the organization to give correct information in matters relating to a staff member's rights in the fund, and if so, whether the information given is correct or not. [...] But this is an issue [...] on which the Director-General has never [decided]. [...] It was one which called for a new decision." Insofar as it concerns this information, the complaint is receivable.
Keywords:
duty to inform; participation; pension; right; unjspf;
Judgment 246
33rd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The organization "is not bound to grant appointments in such terms as to confer on staff members maximum benefit from the fund. On the contrary, although it is of course required to take account of the legitimate interests of staff members on recruitment, in doing so it cannot overlook its own interests."
Keywords:
contract; fixed-term; forfeiture of benefit; organisation's duties; organisation's interest; participation; pension; staff member's interest; terms of appointment; unjspf;
Judgment 245
33rd Session, 1974
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
[T]he refusal of the complainant's request to extend his contract "deprives him of his pension entitlements. It therefore has substantial effects on the financial interests of a staff member whose services were consistently regarded by [the organisation] as satisfactory."
Keywords:
consequence; contract; extension of contract; fixed-term; non-renewal of contract; organisation's duties; participation; pension; refusal; unjspf;
Judgment 230
32nd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"When the complainant was reappointed [...] the officials of the organization did not realise that they were depriving him of the chance of becoming a full participant in the Joint Staff Pension Fund. In all likelihood, had they realised the consequences of their decision, they would have extended the period of the contract [...] without regard to the date of expiry of the project and so enabled the complainant to become a full participant."
Keywords:
contract; contributory service; extension of contract; fixed-term; forfeiture of benefit; negligence; non-renewal of contract; participation; unjspf;
Considerations
Extract:
"In the circumstances of the case under consideration, the omission to take account of the complainant's situation in respect of membership of the pension fund constituted a fact which must be described as essential."
Keywords:
disregard of essential fact; organisation's duties; participation; unjspf;
Considerations
Extract:
"[T]he complainant was deprived of full participation both by his own negligence and by an omission on the part of the organization. It is therefore proper to meet the complainant's claims in part by ordering the organization to pay the complainant from the date of his retirement half the amount of the pension to which he would have been entitled as a full participant in the Joint Staff Pension Fund."
Keywords:
complainant; forfeiture of benefit; negligence; organisation; organisation's duties; participation; pension; unjspf;
Judgment 165
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
When first appointed in March 1952, the complainant was not enrolled in the United Nations Joint Staff Pension Fund. Although this decision was not at the time notified, it was confirmed and notified by the letter of January 1957 which informed the complainant that he would become a member of the pension fund from the following month. The date of receipt of that letter was the date at which the statutory period began to run for the lodging of an appeal. Filed in November 1968, the appeal was time-barred and the dismissing of the appeal was not tainted with illegality.
Keywords:
date of notification; decision; forfeiture of benefit; internal appeal; participation; receivability of the complaint; start of time limit; time bar; time limit; unjspf;
Judgment 164
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
When first appointed in May 1951, the complainant was not enrolled in the United Nations Joint Staff Pension Fund. Although this decision was not at the time notified, it was confirmed and notified by the letter of January 1957 which informed the complainant that he would become a member of the pension fund from the following month. The date of receipt of that letter was the date at which the statutory period began to run for the lodging of an appeal. Filed in November 1968, the appeal was time-barred and the dismissing of the appeal was not tainted with illegality.
Keywords:
date of notification; decision; forfeiture of benefit; internal appeal; participation; receivability of the complaint; start of time limit; time bar; time limit; unjspf;
|
|
|
|
|
