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Organisation's reputation (500,-666)
You searched for:
Keywords: Organisation's reputation
Total judgments found: 30
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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 3106
113th Session, 2012
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The principle of freedom of association "precludes interference by an organisation in the affairs of its staff union or the organs of its staff union (see Judgment 2100, under 15). A staff union must be free to conduct its own affairs, to regulate its own activities and, also, to regulate the conduct of its members in relation to those affairs and activities. Thus, it was said in Judgment 274, under 22, that “[t]here could be no true freedom of association if the disapproval of the Director General, whether justified or not, of what was said [in an open letter issued in connection with a staff union referendum] could lead to disciplinary measures”. Further, an organisation must remain neutral when differences of opinion emerge within a staff union: it must not favour one group or one point of view over another. To do so would be to diminish the right of a staff union to conduct its own affairs and to regulate its own activities. Nor does an organisation have any legitimate interest in the actions of staff members in their dealings with their staff union and/or other staff union members with respect to the affairs and activities of the union. Thus, it was said in Judgment 274, under 22, that “[a] staff member’s conduct of [his] private life is not the concern of the Director-General [unless it] brings the Organization into disrepute”, and that trade union activities “likewise constitute an area that is ‘prima facie’ outside the Director- General’s jurisdiction”, although “there may be exceptional cases”."
Reference(s)
ILOAT Judgment(s): 274, 2100
Keywords:
breach; competence; conduct; difference; disciplinary measure; executive head; freedom of association; organisation's duties; organisation's interest; organisation's reputation; outside activity; right; staff union; staff union activity;
Judgment 2861
107th Session, 2009
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 97-99
Extract:
The complainant argues that she was discharged from the continuing obligation of confidentiality when her employment was unlawfully terminated.
"There is no doubt that an international civil servant is under an obligation of discretion (see Judgments 1608 and 1732)."
"In the present case, the complainant had unsuccessfully availed herself of internal appeal procedures with respect to the decision to reassign her to the post of Chief of IAS, her attempt to raise her claim of harassment had been rejected as 'abusive and ill driven' without investigation and her request for review of the decision not to renew her contract led to her summary dismissal. In these circumstances, it is to be doubted that there was a continuing obligation of complete discretion."
Reference(s)
ILOAT Judgment(s): 1608, 1732
Keywords:
duty of discretion; limits; organisation's duties; organisation's reputation; respect for dignity; staff member's duties;
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 2207
94th Session, 2003
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The affair the complainant had with a national of the country of the duty station led to a series of incidents. "In view of the particular circumstances of the case, it is perfectly legitimate to conclude that it was in the organization's interest to terminate the complainant's assignment in Nairobi in order to maintain an untroubled working atmosphere in the service and to preserve its good relations with the host country. However, in accordance with the Tribunal's case law (see, in particular, Judgments 269 and 1231), the defendant could not terminate the complainant's appointment solely on that basis, without having taken appropriate steps to find him a new assignment."
Reference(s)
ILOAT Judgment(s): 269, 1231
Keywords:
case law; conduct; duty station; member state; organisation's duties; organisation's interest; organisation's reputation; reassignment; termination of employment; transfer; working relations;
Judgment 1764
85th Session, 1998
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The complainant is accused of having cheated the Organisation by falsifying airline tickets intended for official travel. "He makes out that [...] there was no express ban on what he did. Even if that were so, employees of the [Organisation] have a duty [...] 'to regulate their conduct with the interests of the [Organisation] only in view', and may not so behave as to harm its good name. There is no need for any express rule against cheating. Common decency, good faith and honest dealing lie at the root of relations between employer and employee. Whoever ventures to ignore that does so at his own peril."
Keywords:
conduct; disciplinary measure; disciplinary procedure; duty of loyalty; fitness for international civil service; honesty; international civil service principles; misconduct; organisation's interest; organisation's reputation; staff member's duties; staff regulations and rules;
Judgment 1732
84th Session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"Where a staff member is as highly placed as was the complainant, so that his views might naturally be taken as those of the Organization, the administration must have the ability to prevent such staff member from degrading its reputation. While there can be no doubt that the Organization has a duty to respect its staff members' professional dignity and reputation, that duty is limited by the Organization's corresponding right to require staff members not to promote policies or theories which it believes to be wrong or mistaken."
Keywords:
duty of discretion; limits; organisation's duties; organisation's interest; organisation's reputation; respect for dignity; staff member's duties;
Judgment 1661
83rd Session, 1997
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6(b)
Extract:
"The complainant managed WHO assets. He was in charge of the resale of superannuated vehicles of the programme under written rules intended not just to protect those assets but also to put trust in the Organization through fair and open management. The complainant broke the rules on resale. [...] That was not only in breach of the material provisions but cast discredit on the programme and gave an impression of arbitrariness, favouritism and graft, even supposing that, as he says, he made no money himself out of it. Viewed objectively, such behaviour became intolerable for the Organization and amounted to misconduct." Dismissal was not disproportionate to his offenses.
Keywords:
organisation's interest; organisation's reputation; serious misconduct; termination of employment;
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 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 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 1441
79th Session, 1995
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
The decision to dismiss [the complainant] for serious misconduct was "fully warranted by the facts that came to light at the various stages of the disciplinary proceedings. Even though doubts lingered as to whether the complainant [had embezzled funds] the way he kept the books was still inadmissible and can only have been intended to cover up actual fraud. In view of the complainant's [...] poor performance [his behaviour] showed a lack of conscientiousness and failure to come up to the ethical standards of public service. Moreover [...] his behaviour severely damaged the image of the organization, which he was not just working for but representing."
Keywords:
conduct; misconduct; organisation's reputation; serious misconduct; termination of employment; unsatisfactory service;
Judgment 1391
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant was subject to disciplinary action for statements, some of them before the Tribunal, which allegedly impaired the organisation's and the Tribunal's reputations. "Disciplinary action will be justified only if the staff member's conduct amounts to abuse of process or to a perversion of the right ofappeal. Such, for example, will be the case if his allegations 'are clearly wholly unfounded' (see Judgment 99 [...]); or if he appeals 'to the Tribunal for the purpose of lending force to the wild and unnecessarily wounding allegations [...] repeatedly made against the organisation' and has thereby 'entirely perverted from its proper purpose the right of appeal' to the Tribunal and has 'affronted the dignity of his organisation and of the Tribunal (see Judgment 96 [...]); or if his actions 'could neither have been directed to defending [his] freedom and rights, however widely interpreted, nor [...] make the slightest contribution to the disposal of the proceedings' (see Judgment 111 [...])."
Reference(s)
ILOAT Judgment(s): 96, 99, 111
Keywords:
case law; conduct; criteria; disciplinary measure; organisation's reputation; right of appeal; vexatious complaint;
Consideration 10
Extract:
The complainant was subject to disciplinary action for having made statements, some of them before the Tribunal, which allegedly impaired the organisation's and the Tribunal's reputations. The Disciplinary Committee asked whether the punishment of offensive remarks "for which there is no clear justification supported by evidence" would infringe the complainant's rights. The Tribunal holds that "such a test laid an undue burden on the complainant in that if he was to avoid the risk of disciplinary action he must prove the truth of his allegations. No such burden should have been put on him. The mere failure to prove the truth of his allegations did not mean that he had either abused his freedom of speech or forfeited the immunity or privilege of judicial proceedings."
Keywords:
burden of proof; complainant; complaint; criteria; disciplinary measure; evidence; freedom of speech; organisation's reputation; submissions; tribunal; vexatious complaint;
Consideration 11
Extract:
"A litigant whose submissions contain language that is unacceptable, or ill-chosen, or damaging, or unseemly, does not thereby lose the immunity that attaches to statements made in judicial proceedings".
Keywords:
complainant; complaint; freedom of speech; organisation's reputation; submissions; vexatious complaint;
Judgment 1128
71st Session, 1991
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"It is at the discretion of an international organisation to discontinue employment it has lost confidence in the staff member and no longer believes that he will show due respect for its good name, and the Tribunal will not interfere with the decision the organisation takes in the exercise of that discretion unless it finds one of the fatal flaws that warrant setting the decision aside. Such flaws include procedural defects, failure to take account of some essential fact and misuse of authority."
Keywords:
discretion; judicial review; non-renewal of contract; organisation's reputation; staff member's duties; termination of employment;
Judgment 1061
70th Session, 1991
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In taking part in the radio interview the complainant was in direct breach of Rule 302.155. Staff representatives are not exempted from observance of the Rules by reason of holding office in the Union. [...] Such deliberate airing of staff grievances in public is conduct likely to jeopardize the reputation of the FAO and its staff. The conclusion is that the charge [of misconduct] is proven and warranted dismissal."
Reference(s)
Organization rules reference: FAO STAFF RULE 302.155
Keywords:
duty of discretion; freedom of speech; misconduct; organisation's reputation; staff representative; termination of employment;
Judgment 1030
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was dismissed for misconduct. The organization charged him with refusal to perform duties, refusal to obey instructions and sending letters to Indian government officials with the intention of damaging the organization's reputation. The Tribunal is satisfied on the evidence that the charges are substantially true.
Keywords:
conduct; independence; insubordination; member state; misconduct; official; organisation's reputation; termination of employment;
Judgment 956
66th Session, 1989
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal is satisfied that it was open to the Director-General to come to the view that what the complainant had done [import a firearm] was, to quote the letter of 14 May 1986, 'harmful to the FAO's good name in the host country' and, being behaviour unworthy of an international civil servant, had been contrary to Staff Regulation 301.014.
Reference(s)
Organization rules reference: FAO STAFF REGULATION 301.014
Keywords:
conduct; contract; discretion; fitness for international civil service; fixed-term; misconduct; non-renewal of contract; organisation's reputation;
Judgment 937
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 17-18
Extract:
The complainant argues that the definition of misconduct in the FAO Manual does not fit the charges: the organization's reputation cannot suffer from inside squabbling. "The plea is mistaken. Harm to the organization's good name does not require the knowledge of the public at large since reputation may be impaired even within a closed community."
Keywords:
conduct; definition; misconduct; organisation's reputation; termination of employment;
Judgment 635
54th Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The organization accuses the complainant of gross breach of her duty of discretion. It contends that she was directly responsible for leaking information to the press which resulted in newspaper articles. "The three articles take the complainant's side and put the organization in a bad light. But [...] this is not enough to create precise and concurring presumptions which might afford justification for the [dismissal] decision."
Keywords:
duty of discretion; misconduct; organisation's reputation; presumption of innocence; serious misconduct; termination of employment;
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