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: 150
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Judgment 4859
138th Session, 2024
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to summarily dismiss him for serious misconduct.
Consideration 25
Extract:
The Tribunal considers that any right against self-incrimination was, in any event, not infringed in the present case, even if it were to be accepted that this right – which mainly concerns criminal proceedings - is applicable also in administrative proceedings. The persons subject to investigation have a duty to cooperate with the investigation, and may be sanctioned if they fail to do so. Nonetheless, the duty to cooperate does not impede the exercise of the right to silence, if there be one, of the persons concerned, insofar as their answers might lead to charges against them. The above-quoted UNAIDS rules encompass the duty to participate generally in interviews, to provide documents, to list persons who might be interviewed as witnesses, and, at least, the duty not to obstruct the expeditious carrying out of the investigation. Inviting the complainant to an interview did not necessarily imply an obligation to answer questions, which might incriminate him. The file contains persuasive evidence that the complainant infringed his duty to cooperate, by refusing to be interviewed and by attempting to obstruct the conclusion of the proceedings.
Keywords:
investigation; staff member's duties;
Judgment 4858
138th Session, 2024
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to summarily dismiss her for serious misconduct.
Consideration 25
Extract:
The Tribunal considers that any right against self-incrimination was, in any event, not infringed in the present case, even if it were to be accepted that this right – which mainly concerns criminal proceedings - is applicable also in administrative proceedings. The persons subject to investigation have a duty to cooperate with the investigation, and may be sanctioned if they fail to do so. Nonetheless, the duty to cooperate does not impede the exercise of the right to silence, if there be one, of the persons concerned, insofar as their answers might lead to charges against them. The above-quoted UNAIDS rules encompass the duty to participate generally in interviews, to provide documents, to list persons who might be interviewed as witnesses, and, at least, the duty not to obstruct the expeditious carrying out of the investigation. Inviting the complainant to an interview did not necessarily imply an obligation to answer questions, which might incriminate her. The file contains persuasive evidence that the complainant infringed her duty to cooperate, by refusing to be interviewed and by attempting to obstruct the conclusion of the proceedings.
Keywords:
investigation; staff member's duties;
Judgment 4856
138th Session, 2024
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to dismiss him for misconduct.
Judgment keywords
Keywords:
complaint dismissed; conflict of interest; disciplinary measure; misconduct; organisation's interest; outside activity; political activity; proportionality; staff member's duties;
Consideration 4
Extract:
[T]he FAO/WFP’s regulatory framework prohibits a staff member from engaging in any political activities or being a candidate for a public office of a political character. WFP Human Resources (HR) Manual Section I.2.2.3 relevantly states that staff members wishing to submit their candidacy for a public office, provided that it is not political in nature, must obtain prior authorization from the Executive Director. This section however refers to Staff Regulation 301.1.7, which states that any staff member who becomes a candidate for public office of a political character, while still employed with the WFP, shall resign from the Organization. This makes it obvious that a staff member’s participation in such political activity is inimical to the interest of the WFP and is strictly forbidden. Notably, the Tribunal has stated, in Judgment 1061, consideration 5, that the reason for the provision in Staff Regulation 301.1.7 is that an international civil servant, though entitled to hold his own political views, must stand aloof from demonstrations of adherence to a political party and that integrity, loyalty to the international civil service, independence and impartiality are the standards required of an international civil servant and they require him or her to keep clear of involvement in national party politics.
Reference(s)
ILOAT Judgment(s): 1061
Keywords:
conflict of interest; international civil service principles; organisation's interest; outside activity; political activity; rules of the organisation; staff member's duties;
Judgment 4820
138th Session, 2024
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to dismiss his moral harassment complaints, and claims compensation for the injury which he considers he has suffered.
Considerations 6-7
Extract:
Insofar as the complaint is directed against the decision of the Director General to dismiss the complainant’s first complaint for moral harassment against Mr P.H. as unfounded, the Tribunal notes the following:
(a) Where the Administration takes any action to deal with a claim, by forwarding it to the competent internal appeal body for example, this step in itself constitutes a “decision upon the claim” within the meaning of Article VII, paragraph 3, of the Statute of the Tribunal, which forestalls an implied rejection that could be referred to the Tribunal (see, for example, Judgments 3715, consideration 4, 3428, consideration 18, and 3146, consideration 12).
(b) Under Article 92(2) of the Staff Regulations, the complainant should have filed a complaint before the Tribunal within 90 days from the expiry of the four-month time limit for the Administration to respond to his internal complaint, even if the matter had been referred to the Joint Committee for Disputes. The present complaint should therefore, in principle, be declared irreceivable as time-barred under Article VII, paragraph 2, of the Statute of the Tribunal, combined with Article 92(2) of the Staff Regulations.
(c) However, in this case, the Tribunal considers that the complainant was misled by the Organisation when it indicated to him that, since his internal complaint had been referred to the Joint Committee for Disputes, he had, in accordance with the Tribunal’s case law on the application of Article VII, paragraph 3, of its Statute, to await the final decision of the Director General before being able to file a complaint with the Tribunal. By so doing, the Organisation overlooked the fact that, pursuant to Article 92(2) of the Staff Regulations, failure by the Director General to respond to an internal complaint within four months from the date on which it was lodged shall be deemed to constitute an implied decision rejecting it, which may be impugned before the Tribunal. There is no need to declare the complaint irreceivable as time-barred, insofar as it is directed against an implied decision to reject from the Director General. To rule otherwise would amount to unduly depriving the complainant of his right to refer the matter to the Tribunal solely due to the conduct of the Organisation.
(d) The Tribunal observes that, while the complainant’s failure to comply with the 90-day time limit to file a complaint with the Tribunal is recognized above as admissible due to the fact that he was wrongly informed by the Organisation that he had to await an express decision, the complainant did not wait for this decision to be issued before filing his complaint. The complaint should therefore, in principle, be declared irreceivable for failure to exhaust internal means of redress, as required by Article VII, paragraph 1, of the Statute of the Tribunal. However, in this case, taking into account the period of one year and seven months that had elapsed between 5 June 2020, when the complainant filed his internal complaint, and 7 February 2022, when he filed his complaint with the Tribunal, and the fact that his counsel had followed up, to no avail, with the Director General, the Tribunal considers that the complainant was faced with a paralysis of the internal appeal procedure that would allow him to proceed directly to it. Under the Tribunal’s case law, a complainant is entitled to file a complaint directly with the Tribunal against the initial decision which she or he intends to challenge where the competent bodies are not able to determine the internal appeal within a reasonable time having regard to the circumstances, provided that she or he has done her or his utmost, to no avail, to accelerate the internal procedure and where the circumstances show that the appeal body was not able to reach a final decision within a reasonable time (see, for example, Judgments 4660, consideration 2, 4271, consideration 5, 4268, considerations 10 and 11, 4200, consideration 3, 3558, consideration 9, 2039, consideration 4, or 1486, consideration 11).
(e) In addition, the Tribunal notes that a final decision was ultimately taken by the Director General on 12 May 2022, as was the opinion of the Joint Committee for Disputes relating thereto, and that that decision was issued in the course of proceedings. Since the Tribunal has the complete dossier in its possession and the parties have had the opportunity to comment fully in their written submissions on the express decision to reject the complainant’s internal complaint of 5 June 2020, and thus on the decision to reject the first harassment complaint inasmuch as it was directed against Mr P.H., it considers that, in accordance with its case law, it is appropriate to treat the internal complaint as being directed against the latter decision of 12 May 2022 (see in particular, for similar cases, Judgments 4769, consideration 3, 4768, consideration 3, 4660, consideration 6, 4065, consideration 3, and 2786, consideration 3).
The present complaint is, accordingly, receivable insofar as it challenges the lawfulness of the Director General’s decision of 12 May 2022 to reject, as unfounded, the first moral harassment complaint directed against Mr P.H. It will therefore be examined from this standpoint by the Tribunal.
Reference(s)
ILOAT Judgment(s): 1486, 2039, 2786, 3146, 3428, 3558, 3715, 4065, 4200, 4268, 4271, 4660
Keywords:
absence of final decision; administrative delay; case law; delay; direct appeal to tribunal; exception; express decision; iloat statute; implied decision; impugned decision; internal appeal; internal remedies exhausted; judicial review; reasonable time; receivability of the complaint; staff member's duties; time limit;
Judgment 4400
131st Session, 2021
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the International Labour Office, impugns the decisions of the Director-General to issue a reprimand against him, to revoke his appointment as a Director, to appoint another person to that post and, finally, to discharge him with notice.
Consideration 31
Extract:
The Tribunal considers that an international organisation is entitled to ask its officials to inform it of any criminal convictions against them and that the duties of good faith and integrity oblige them to reply truthfully to such requests.
Keywords:
criminal sanction; duty of loyalty; duty to inform; staff member's duties;
Judgment 4089
127th Session, 2019
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her appointment beyond the statutory retirement age.
Consideration 7
Extract:
[I]t was open to the Director General to view the complainant’s conduct giving rise to and the subsequent conduct in relation to the judgment debt as falling short of the standards demanded of international civil servants. Accordingly, and subject to the various legal arguments of the complainant, it was open to the Director General to conclude it was not in the interests of the Agency to extend the complainant’s appointment beyond the mandatory retirement age.
Keywords:
age limit; conduct; discretion; extension beyond retirement age; organisation's interest; retirement; staff member's duties;
Judgment 3953
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to impose upon her the disciplinary measure of downgrading and to recover from her undue payments through monthly deductions from her salary.
Consideration 10
Extract:
The complainant filled out and signed the “Declaration concerning rent allowance” on 7 March 2005, thereby assuming the obligations arising from Article 74 of the Service Regulations. The consequent obligation to notify the Office of any changes aimed at guaranteeing the proper use of the rent allowance. Furthermore, with respect to Apt. A, the complainant alleges that in a similar case the EPO acted differently. However, the objection is unfounded. By failing to notify the EPO that the rent she was paying for Apt. A did not only relate to her as from April 2005, when her partner moved into the apartment, although she had certified on 7 March 2005 that she would notify “any changes” immediately, the complainant breached the rules governing the granting of the rent allowance, unjustly benefiting, and, hence, the principle of equality cannot be applied, as there can be no equality in illegality.
Keywords:
duty to inform; misrepresentation; staff member's duties;
Judgment 3402
119th Session, 2015
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the evidence established an intention to defraud on the part of the complainant and that the decision to dismiss him was not disproportionate, but it awarded damages because of the delay in the internal appeal procedure.
Consideration 10
Extract:
"The Tribunal accepts that the remedy of dismissal would not have been the only remedy available to the FAO. But the conduct of the complainant involved a serious transgression of a basic obligation of international civil servants to behave honestly in their dealings with their employer."
Keywords:
fitness for international civil service; staff member's duties; termination of employment;
Judgment 3364
118th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns on the grounds of a procedural flaw the decision to maintain his dismissal for misconduct.
Consideration 27
Extract:
"The complainant is seeking reinstatement in WHO. However, in the circumstances of the case there are no grounds for ordering this. According to the Tribunal’s case law, reinstatement is inadvisable when an employer has valid reasons for losing confidence in an employee (see Judgment 2034, under 11), as is the case here. [I]t is clear that the complainant admits having breached his duty of confidentiality, and whatever the reasons he gives in an attempt to justify having done so, this itself undermines the necessary relationship of trust between a staff member and the Organization."
Reference(s)
ILOAT Judgment(s): 2034
Keywords:
disciplinary measure; reinstatement; staff member's duties; termination of employment;
Judgment 3339
118th Session, 2014
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Employed on a part-time basis, the complainant seeks the payment of the additional hours he had been exceptionally required to work.
Consideration 5
Extract:
"As far as the label “regular duties” is concerned, the Tribunal considers that the term refers simply to duties which are assigned in line with the employee’s job description and which can be fulfilled within the regular working schedule. Any additional work requested and/or required outside that schedule is to be considered “exceptional”."
Keywords:
staff member's duties;
Judgment 3302
116th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaints were dismissed for non-exhaustion of internal remedies under Article 7 of the Tribunal’s Rules.
Judgment keywords
Reference(s)
ILOAT reference: Article VII, paragraphs 1 and 3, of the Statute
ILOAT Judgment(s): 2780, 2811, 2939
Keywords:
complaint dismissed; decision; delay; duty of care; iloat statute; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; staff member's duties;
Judgment 3295
116th Session, 2014
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint concerning a disciplinary measure was dismissed by the Tribunal on the grounds that he had not demonstrated the existence of an error warranting the cancellation of the sanction.
Consideration 16
Extract:
"In Judgment 2944, under 50, the Tribunal described the test for proportionality as the disciplinary measure must not be “manifestly out of proportion” to the misconduct. In this case, the Tribunal observes the seriousness of the complainant’s actions. He misused PAHO’s resources and immunity in a fashion that was deliberate and careless; he risked PAHO’s reputation and its relationship with the government of Venezuela; he breached his duty of loyalty to PAHO; and his conduct was incompatible with the performance of his duties as PAHO Country Representative in Venezuela. In these circumstances, it cannot be said that summary dismissal was disproportionate to the misconduct."
Reference(s)
ILOAT Judgment(s): 2944
Keywords:
case law; disciplinary measure; disciplinary procedure; discretion; general principle; misconduct; official; proportionality; serious misconduct; staff member's duties; summary dismissal;
Judgment 3246
116th Session, 2014
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: As the complainant refused to undergo a new medical examination that the Tribunal had ordered. The Tribunal considered that it could not rule on the complaint which is thus dismissed.
Judgment keywords
Keywords:
complaint dismissed; expert inquiry; staff member's duties;
Judgment 3213
115th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to grant her a survivor's pension for her dead husband.
Consideration 7
Extract:
"International organisations have a duty of care towards their employees and must provide clear rules and regulations as well as clarifications of such when requested, but they cannot be solely responsible for every situation stemming from confusion regarding said rules. Employees are also charged with the duty to inform themselves, and to request clarification when necessary so that the system can work efficiently to the best advantage of both the Organisation and the staff members either as a group or individually (see, for example, Judgment 2997, under 6)."
Reference(s)
ILOAT Judgment(s): 2997
Keywords:
duty of care; organisation's duties; pension; pension entitlements; staff member's duties; staff regulations and rules;
Judgment 3204
115th Session, 2013
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant claims moral damages for the Union’s failure to submit to its Council the matter of the recognition of same-sex marriages.
Consideration 9
Extract:
"It is settled by the Tribunal’s case law that, according to the rules of good faith, anyone who was a staff member of an organisation and to whom a promise was made, may expect that promise to be kept by the organisation. However, the right to fulfilment of the promise is conditional. One condition is that the promise should be substantive. Another is that the promise is from someone who is competent or deemed competent to make it. Yet another is that the breach should cause injury to the person who relies on the promise (see Judgment 782)."
Reference(s)
ILOAT Judgment(s): 782
Keywords:
condition; definition; duty of care; formal requirements; good faith; organisation's duties; promise; staff member's duties; staff member's interest;
Judgment 3115
113th Session, 2012
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant alleges that senior officials misappropriated funds to the detriment of poor countries. "However, in raising that allegation before the Tribunal, she overlooks the fact that the competence of the Tribunal is clearly and exhaustively defined in Article II of its Statute, from which it follows that the Tribunal cannot interfere either with the policies of the international organisations which have recognised its competence, or with the workings of their administrations, unless a violation of the rights of a staff member is in issue. International civil servants seeking to file a complaint with the Tribunal must show that the decisions they are challenging are such as to affect personal interests of theirs which are protected by the rights and safeguards deriving from the applicable Staff Regulations and Rules, or from the terms of their appointments."
Reference(s)
ILOAT reference: Article II of the Statute
Keywords:
breach; competence of tribunal; complaint; condition; contract; exception; iloat statute; official; organisation's reputation; provision; right; safeguard; staff member's duties; staff member's interest; staff regulations and rules; supervisor; vested competence; written rule;
Judgment 3099
112th Session, 2012
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"Although staff members of international organisations necessarily have the right to protect their own interests, they must act in conformity with their duty as international civil servants."
Keywords:
international civil service principles; official; staff member's duties; staff member's interest;
Judgment 3083
112th Session, 2012
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"[T]he Standards of Conduct for the International Civil Service provide that international civil servants "should avoid assisting private bodies or persons in their dealings with their organization where this might lead to actual or perceived preferential treatment" and they "should [...] voluntarily disclose in advance possible conflicts of interest that arise in the course of carrying out their duties". The complainant argues that "should" is aspirational in nature and not mandatory. This argument must be rejected."
Keywords:
conduct; international civil service principles; official; staff member's duties;
Judgment 3080
112th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 19-20
Extract:
"According to the Tribunal's case law, when an organisation is ordered to grant a financial benefit to a staff member who fulfilled the legal requirements for claiming it, but who failed to do so as soon as his/her entitlement arose, the benefit in question is due only as from the date of the initial claim by the person concerned, and not the date on which he/she became entitled to the benefit ([...] see Judgment 2550, under 6, or Judgment 2860, under 22). There would be no justification for ordering an organisation unexpectedly to pay potentially large, backdated, aggregated sums for benefits which had not been claimed by the staff member concerned when he or she should have done so. [...] [Moreover] it is true that the position would be different if the Organization itself were responsible for the fact that the [staff member] did not submit a claim [at that time]."
Reference(s)
ILOAT Judgment(s): 2550, 2860
Keywords:
amount; condition; date; delay; exception; judgment of the tribunal; liability; marital status; medical expenses; non-retroactivity; organisation; payment; request by a party; staff member's duties;
Judgment 2997
110th Session, 2011
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Request for the transfer of pension contributions paid into national insurance schemes.
"The Tribunal considers that EMBL fulfilled its duty of care towards its staff by hosting several information sessions, publishing circulars and other documents, and by offering staff members several opportunities to meet with pension experts in order to inform themselves with regard to their pension rights. It is the responsibility of the staff to avail themselves of any information provided and to seek out clarification as needed for their particular situation."
Keywords:
duty of care; organisation's duties; pension; pension entitlements; staff member's duties;
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