Organisation's interest (551,-666)
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Keywords: Organisation's interest
Total judgments found: 211
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Judgment 4889
138th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge their transposition to a new grade following the introduction of a new career system.
Consideration 9
Extract:
As regards the arguments contesting the need for the reform, it is not for the Tribunal, in any event, to review the advisability or merits of the changes which an international organisation wishes to make to salary structures or to the arrangements for career progression, that form part of general staff management policy which an organisation is free to pursue in accordance with its interests (see, for example, Judgments 4274, consideration 15, or 3275, consideration 8).
Reference(s)
ILOAT Judgment(s): 3275, 4274
Keywords:
change of rules; organisation's interest;
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 4662
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the Secretary General’s decision to reject her application for voluntary departure and her claim for compensation for “legitimate resignation”.
Consideration 9
Extract:
[I]n assessing the complainant’s application, the Committee and the Secretary General were entitled to take into account the Organization’s interests and the consequences of the complainant’s voluntary departure. The reasons given for rejecting her application – firstly, to await the arrival of a new executive director to assess the needs of the executive directorate, and secondly, because of the recent assignment of additional staff to her unit to meet human resources requirements – could be justified in terms of the Organization’s interests. It is not for the Tribunal to substitute its assessment for that of the Organization in such a case.
Keywords:
judicial review; motivation; organisation's interest;
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 25
Extract:
[T]he Tribunal finds that the complainant’s conduct was in fact such as to reflect adversely on his position and compromise the Organization’s image and interests.
Engaging in domestic abuse, which is not only a criminal offence but also strongly condemned by society, is a clear breach of the requirements of moral probity and decency that all international civil servants must respect. By its very nature, the conduct in question therefore adversely reflected on the complainant’s status and position.
Moreover, any publicity given to such conduct was likely to compromise the reputation and image of the Organization, especially as the complainant held a senior position within it. This risk was all the more significant for the fact that the ILO’s mandate, as entrusted to it by the international community, includes promoting gender equality and combating violence against women in the world of work, and, when seen against its pursuit of these objectives, it would obviously have been highly embarrassing for the Office if it had appeared to tolerate one of its officials assaulting his wife. The offending conduct was therefore also such as to compromise the image and interests of the Organization.
In this regard, it should be pointed out that the fact that the complainant’s conviction by the Tribunal correctionnel was exempted from entry in certificate No. 2 of his criminal record does not, in practice, exclude the possibility that third parties may nevertheless learn of that conviction.
Keywords:
domestic violence; organisation's interest;
Judgment 4301
130th Session, 2020
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to withdraw a vacancy notice and re-advertise it, and the ad interim appointment of a colleague in the meantime.
Consideration 8
Extract:
[T]he contested changes were intended to satisfy the need to strengthen the core human potential and expertise of the NE Department concentrating more on nuclear energy specialists whose positions require special areas of knowledge. The modification of the university specialization was consistent with the pursued objective. It is not within the Tribunal’s competence to review the organizational programmatic choices of the Agency.
Keywords:
competence of tribunal; organisation's interest; vacancy notice;
Judgment 4261
129th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the withdrawal of a decision to assign her additional duties on a temporary basis.
Consideration 6
Extract:
The fact that a managerial decision was taken in the interests of the service and under time pressure is not inherently incompatible with it also being an act of retaliation. Very often a managerial decision involves choices between courses of action. The adoption of a course of action because it is in the interests of the service, may also be intended, at least in part, as an act of retaliation.
Keywords:
organisation's interest; retaliation;
Judgment 4254
129th Session, 2020
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend his appointment beyond the statutory retirement age.
Consideration 9
Extract:
[T]he Tribunal can but recall that what is in the interest of an organisation may be decided at the discretion of its executive head (see Judgments 2105, consideration 17, and 4084, consideration 13).
Reference(s)
ILOAT Judgment(s): 2105, 4084
Keywords:
organisation's interest;
Judgment 4220
129th Session, 2020
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the rejection of their requests for an agreed separation.
Consideration 11
Extract:
[T]here is no element which leads the Tribunal to question this organizational evaluation of what is in the best interest of the Organization which is within the knowledge and the competence of the executive head (see, for example, Judgments 3858, consideration 12, and 2377, consideration 5).
Reference(s)
ILOAT Judgment(s): 2377, 3858
Keywords:
discretion; organisation's interest;
Judgment 4216
129th Session, 2020
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the lawfulness of the decision to cancel a competition procedure in which he took part.
Considerations 3-4
Extract:
The Tribunal has consistently held that the executive head of an international organisation may cancel a competition in the interest of the organisation if, for example, it becomes apparent that the competition will not enable the post concerned to be suitably filled, and the opening of such a procedure does not therefore imply that a candidate will necessarily be appointed to that post (see, for example, Judgments 791, consideration 4, 1771, consideration 4(e), 1982, consideration 5(a), 2075, consideration 3, 3647, consideration 9, and 3920, consideration 18).
According to the same case law, the decision not to fill a post for which a competition procedure is opened – like any decision to appoint an official in the opposite case that an appointment is made – is a matter for the discretion of the organisation’s executive head and is therefore subject to only limited review by the Tribunal (see, in particular, aforementioned Judgments 791, consideration 4, or 1771, consideration 6). The Tribunal must, however, ascertain whether that decision was taken in breach of applicable rules on competence, form or procedure, if it was based on a mistake of fact or of law, if an essential fact was overlooked, if a clearly mistaken conclusion was drawn from the facts, or if there was abuse of authority (see, for example, Judgments 1689, consideration 3, 2060, consideration 4, 2457, consideration 6, 3537, consideration 10, and 3652, consideration 7).
Reference(s)
ILOAT Judgment(s): 791, 1689, 1771, 1982, 2060, 2075, 2457, 3537, 3647, 3652, 3920
Keywords:
competition cancelled; discretion; organisation's interest;
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 4084
127th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to transfer her and the appointment of another staff member without a competitive recruitment process.
Consideration 13
Extract:
The complainant contends that, contrary to Staff Regulation 4.3(a), her transfer was not in the best interest of WIPO and that no consideration was given to her interests. The Tribunal has consistently stated that what is in the interest of an organization should be left to the organization to decide (see Judgment 2105, under 17) and that greater caution must be shown before interfering with such decisions because the executive head must ordinarily be deemed to be the best judge of what the interests of the organization are (see Judgment 1050, under 4, and Judgment 3193, under 9).
Reference(s)
ILOAT Judgment(s): 1050, 2105, 3193
Keywords:
executive head; organisation's interest;
Judgment 4081
127th Session, 2019
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision of the Director General not to allow him to carry out an assignment outside the Organisation.
Consideration 19
Extract:
The Tribunal recalls its case law according to which “[t]here will indeed be misuse of authority where an administration acts for reasons that are extraneous to the organisation’s best interests and seeks some objective other than those which the authority vested in it is intended to serve” (see Judgment 1129, consideration 8). Moreover, “misuse of authority may not be presumed and the burden of proof is on the party that pleads it” (see Judgment 3939, consideration 10).
Reference(s)
ILOAT Judgment(s): 1129, 3939
Keywords:
abuse of power; burden of proof; misuse of authority; organisation's interest;
Judgment 3940
125th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to abolish his post.
Consideration 5
Extract:
The Tribunal has consistently held that the outsourcing of certain services, that is to say the use by an organisation of external contractors to perform tasks that it feels unable to assign to officials hired under its staff regulations, forms part of the general employment policy that an organisation is free to pursue in accordance with its general interests. The Tribunal is not competent to review the advisability or merits of the adoption of such a measure in a specific field of activity (see Judgments 3275, under 8, 3225, under 6, 3041, under 6, 2972, under 7, 2907, under 13, 2510, under 10, 2156, under 8, and 1131, under 5).
Reference(s)
ILOAT Judgment(s): 1131, 2156, 2510, 2907, 2972, 3041, 3225, 3275
Keywords:
competence of tribunal; organisation's interest; outsourcing;
Judgment 3939
125th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend his appointment beyond the statutory retirement age.
Consideration 6
Extract:
As the Tribunal has already emphasised, it is in the interests of an international organisation to ensure that the trade unions or associations representing its staff operate in good conditions (see Judgment 496, under 17). Hence, in order to determine whether retaining an official in service beyond the age of retirement is in the organisation’s interests, it is necessary to take account of any staff representative work carried out by the person in question (see, with respect to a similar case, Judgment 3521, under 1 to 3 and 5).
Reference(s)
ILOAT Judgment(s): 496, 3521
Keywords:
age limit; equal treatment; organisation's interest; retirement; staff representative; staff union; staff union activity;
Judgment 3920
125th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her fixed-term appointment pursuant to the abolition of her post.
Consideration 18
Extract:
The Tribunal observed in Judgment 3647, consideration 9, that: “[t]he Tribunal’s case law recognises that the executive head of an international organisation may cancel a competition in the interest of the organisation if, among other reasons, it becomes apparent that the competition will not enable the post concerned to be filled, and that she or he may, if need be, decide to hold a new competition on different terms (see, for example, Judgments 1223, under 31, 1771, under 4(e), 1982, under 5(a), and 2075, under 3). However, the condition relating to the interests of the organisation must actually be met, so that the cancellation of the initial process is based on a legitimate reason. In this matter as in any other, arbitrary decision-making is unacceptable.”
[...] In most of the rules of the international organizations which have accepted the Tribunal’s jurisdiction, competitions are a fundamental mechanism of the selection of international civil servants for positions within international organizations and their integrity must be protected. However, in the present case, the complainant had not been shortlisted because she did not have the requisite years of experience. Thus, she suffered no detriment as a result of the cancellation of the competition.
Reference(s)
ILOAT Judgment(s): 1223, 1771, 1982, 2075, 3647
Keywords:
competition; competition cancelled; organisation's interest;
Judgment 3874
124th Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant claims that he has been deprived of his pension rights.
Consideration 12
Extract:
[I]t is not reasonable for the complainant to assert that financial aspects are “irrelevant factors” for deciding whether or not something is “in the interests of the Organization”. Clearly, financial responsibility is a core requirement of the proper functioning of an international organization.
Keywords:
organisation's interest;
Judgment 3858
124th Session, 2017
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment.
Consideration 12
Extract:
The Tribunal has accepted that the question of what is in the best interest of an organisation is a matter peculiarly within the knowledge and competence of the executive head (see Judgment 2377, consideration 5). The Tribunal’s jurisprudence, as discussed in that judgment, is that the Tribunal will normally defer to the view of the executive head and will only intervene if it is shown that the executive head acted without authority or in breach of a rule of form or procedure, or if a decision was based on a mistake of fact or of law, or if some essential fact was overlooked, or if clearly mistaken conclusions were drawn from the facts or if there was abuse of authority.
Reference(s)
ILOAT Judgment(s): 2377
Keywords:
competence of tribunal; discretion; organisation's interest;
Judgment 3827
124th Session, 2017
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the refusal to grant her the lump sum paid to servants whose application to resign is accepted.
Consideration 7
Extract:
It must be recalled that the Tribunal is not competent to rule on the merits of [the Organisation]’s choices in respect of its staff management, for they form part of the general employment policy that an organisation is free to pursue in accordance with its general interests (see Judgment 3225, under 6).
Reference(s)
ILOAT Judgment(s): 3225
Keywords:
discretion; organisation's interest;
Judgment 3748
123rd Session, 2017
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the Global Fund’s decision to withdraw an offer of employment allegedly made to her by the Chief Procurement Officer.
Consideration 6
Extract:
It is incumbent on the complainant to establish that the actions or conduct complained of was retaliatory (see Judgment 3415, consideration 11), though it can be accepted that evidence of personal prejudice is often concealed and such prejudice can be inferred from surrounding circumstances (see Judgment 1775, consideration 7).
Reference(s)
ILOAT Judgment(s): 1775, 3415
Keywords:
organisation's interest; personal prejudice; retaliation;
Judgment 3521
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of his request for a two-year prolongation of service beyond retirement age.
Judgment keywords
Keywords:
age limit; complaint allowed; decision quashed; extension beyond retirement age; organisation's interest; retirement;
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