Organisation's duties (202, 203, 204, 205, 206, 207, 208, 645,-666)
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Keywords: Organisation's duties
Total judgments found: 652
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Judgment 2104
92nd Session, 2002
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
An international organization has a "duty to warn the [staff member] about the non-renewal [of his contract] long enough in advance to enable him to exercise his rights and take whatever steps he saw fit." The present case concerned a short-term appointment which was renewed several times.
Keywords:
contract; duration of appointment; non-renewal of contract; notice; organisation's duties; separation from service; short-term;
Judgment 2103
92nd Session, 2002
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7 and 10
Extract:
"An organisation may try by all legal means to recover any money a staff member may owe it when he or she leaves service. But that does not entitle it to suspend or block consideration of the staff member's pension entitlements. [...] However, [the organization] was right to defer consideration of the complainant's entitlement to a repatriation allowance."
Keywords:
debt; organisation's duties; pension; pension entitlements; repatriation allowance; separation from service; terminal entitlements;
Judgment 2102
92nd Session, 2002
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The duty laid on international organisations to treat their staff with due consideration and not to impair their dignity may extend beyond the term of their appointment. In charging a staff member with misconduct in the performance of duty an organisation must observe due process, otherwise it may be held liable even after its contractual or statutory ties with the official have ceased, and the Tribunal will entertain such matters."
Keywords:
competence of tribunal; complainant; complaint; locus standi; organisation's duties; receivability of the complaint; respect for dignity; separation from service;
Judgment 2100
92nd Session, 2002
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"As to the remarks [the complainant] attributes to the chair of the Staff Union Committee and the quarrel she says arose between herself and a member of the staff union about union matters, the Tribunal endorses the Director's response to her that "the administration could not act without interfering in union matters"."
Keywords:
moral injury; organisation's duties; staff union; staff union activity;
Judgment 2096
92nd Session, 2002
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The [contract renewal] board was under the obligation to take into account performance appraisal reports [...]. The [complainant's] performance appraisal report for 1999 had not been completed for submission to the board. Yet, before a decision is taken not to renew a contract, precedent has it that it is a fundamental obligation to examine the staff member's performance appraisal. Failure to comply with that obligation constitutes a procedural flaw as it has the effect of excluding an essential fact from consideration (see, in particular, Judgment 1525 [...] and the case law cited therein)."
Reference(s)
ILOAT Judgment(s): 1525
Keywords:
advisory body; case law; contract; delay; disregard of essential fact; effect; iloat; non-renewal of contract; organisation's duties; performance report; procedural flaw;
Judgment 2092
92nd Session, 2002
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"It is elementary that where a reason is given for taking a decision which is adverse to the interests of a staff member the organisation is held to that reason and cannot later seek to justify its action on other grounds."
Keywords:
cause of action; general principle; grounds; organisation's duties;
Consideration 10
Extract:
"When the executive head of an organisation accepts and adopts the recommendations of an internal appeal body he is under no obligation to give any further reasons than those given by the appeal body itself. Where, however, [...] he rejects those recommendations his duty to give reasons is not fulfilled by simply saying that he does not agree with the appeal body."
Keywords:
acceptance; advisory opinion; decision; difference; duty to substantiate decision; executive head; grounds; impugned decision; internal appeals body; organisation's duties; recommendation; refusal; report;
Judgment 2090
92nd Session, 2002
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organisation asserts that "Article 1010.1 allows it to terminate an appointment by giving one month's notice per year of service [...] The Tribunal observes that [...] 1010.1 may not be interpreted as authorising [the organisation] to terminate [fixed- term] contracts arbitrarily. Decisions of this kind must be based on unsatisfactory performance, or the interests of the service. Furthermore, there must be no breach of adversarial procedure nor any error of fact or of law, nor abuse of authority, nor obvious misappraisal of the facts."
Reference(s)
Organization rules reference: ARTICLE 1010.1 OF THE IFRC STAFF REGULATIONS
Keywords:
abuse of power; adversarial proceedings; bias; contract; due process; duty to substantiate decision; fixed-term; grounds; mistake of fact; mistaken conclusion; misuse of authority; notice; organisation's duties; organisation's interest; provision; staff regulations and rules; termination of employment; unsatisfactory service;
Judgment 2089
92nd Session, 2002
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
From 1986 to 2000 the organisation followed the practice followed by the coordinated organizations in adjusting both salaries and pensions in accordance with both cost-of-living and standard-of-living adjustments. In July 2000 it made a cost-of-living adjustment mandatory for pensions even if no such adjustment is made to salaries, but no provision is made for standard-of-living adjustment to pensions. "It is simply untenable to argue that the [organisation] could, by following the practice of the coordinated organizations in previous years, bind itself to do so for all time [...] There can be no doubt that the same body that had the authority to adopt [the] decision [to follow the practice followed by the coordinated organizations] had equally the authority to decide to withdraw it."
Keywords:
adjustment; amendment to the rules; competence; coordinated organisations; cost-of-living increase; decision quashed; executive body; no provision; organisation's duties; pension; pension adjustment system; period; practice; salary;
Judgment 2083
92nd Session, 2002
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 8-9
Extract:
The complainant suffered from retinal detachments and a detachment of the vitreous. The organization recognised her eye condition as service incurred. In "September 1998 [...] the [organization] decide[d] to stop reimbursing the bills [she submitted] on [the] grounds [...] that curing her retinal detachments was no longer the object of the treatment. However, it did not show that the service-incurred injuries were not a "direct and principal" cause of the treatment [... ] The Tribunal takes the view that although, as the organization says, the decision to stop reimbursing the bills was at the discretion of the Director-General, it could not be taken without an independent expert medical opinion obtained through a process which provides all the safeguards of transparency and impartiality." The case is therefore sent back to the organization.
Keywords:
consequence; decision; discretion; due process; executive head; expert inquiry; grounds; illness; independence; lack of evidence; medical expenses; medical opinion; organisation; organisation's duties; procedure before the tribunal; professional accident; refund; refusal; safeguard; service-incurred;
Judgment 2081
92nd Session, 2002
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Consistent precedent has it that an organisation is ordinarily free to determine the pay of its staff, provided that it respects certain requirements arising from general principles of international civil service law [...] Furthermore, if the organisation has a rule granting certain rights to staff members in relation to their level of salary, it may not depart from that rule in individual decisions without amending it in accordance with the prescribed procedure."
Keywords:
amendment to the rules; amount; case law; condition; discretion; formal requirements; general principle; individual decision; international civil service principles; official; organisation; organisation's duties; provision; right; salary; staff regulations and rules;
Judgment 2073
91st Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
The organisation modernized the Patent Office examination data management system. Consequently, superiors had access to individual examiner's data. The organisation failed to follow its own rules by delaying the adoption of a rule on data protection. "While the complainants have not shown any prejudicial consequences, the Tribunal nevertheless will sanction the [organisation]'s breach by a nominal global award of damages amounting to 1,000 German marks and a global award for costs amounting to 2,000 euros."
Keywords:
administrative delay; amount; breach; complainant; costs; damages; injury; lack of evidence; organisation's duties; supervisor; written rule;
Judgment 2072
91st Session, 2001
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The appeal procedure was inordinately long: the case was before the Committee for two years, yet it was not a very difficult one and it needed to be settled promptly [...] In these circumstances, the delay in resolving it amounts to negligence warranting compensation. The Tribunal therefore considers that the complainant is entitled to redress, and it sets the amount at 3,000 United States dollars."
Keywords:
administrative delay; amount; internal appeals body; misconduct; moral injury; organisation's duties; procedure before the tribunal; reasonable time; right; submissions;
Judgment 2067
91st Session, 2001
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant takes the administration to task for the fact that there has been no appraisal report on his performance since 1995. The organization [...] asserts that the omission arose because the complainant's supervisors were anxious to avoid a further confrontation at a time when working relations were strained [...] [The Tribunal considers that,] relations being tense, the [organization] had a duty to put matters right without evading its obligation to ensure that appraisal reports were established."
Keywords:
omission; organisation's duties; performance report; working relations;
Consideration 17
Extract:
"The [organization] did fail in the duty incumbent on all international organisations to treat staff members with dignity and avoid causing them undue and unnecessary injury [...] [It] was aware of the unhealthy working atmosphere [...] the complainant [had to face]. That atmosphere was allowed to linger 'without the necessary assistance being given to sort matters out'."
Keywords:
failure to answer claim; misconduct; organisation; organisation's duties; respect for dignity; working relations;
Judgment 2060
91st Session, 2001
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7(a)
Extract:
"The complainant alleges that the decision not to shortlist him was not adequately explained. But the plea cannot succeed. Precedent has it that when an organisation informs candidates that they have been unsuccessful, it must take care not to harm their prospects. Moreover, in announcing the results of a competition and, more generally when the administration has to choose between several candidates, as here, the reasons for the choice need not be given at the same time as the decision. It is enough for the reasons to be given in some later procedure (see Judgments 1990 and 2035 and the others cited therein)."
Reference(s)
ILOAT Judgment(s): 1990, 2035
Keywords:
candidate; case law; competition; decision; duty to substantiate decision; grounds; organisation's duties; refusal; respect for dignity;
Judgment 2047
91st Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The complainant adopts the position taken by the Appeals Committee to the effect that the [organisation] was obligated to appoint its own medical officer for the purposes of dealing with her claim and was not entitled to rely on the medical adviser appointed by [the insurance company] Van Breda for that purpose. For the Tribunal to so hold would amount to a denial of the organisation's right to appoint the medical officer of its choice. The fact that it selects and relies on the same medical adviser as the one appointed by the insurer, whom it has engaged to carry out its obligations to provide health coverage to its staff, is not in the least surprising. Such appointment cannot have any adverse effect upon the complainant who retains the right given by Article 90 [of the Service Regulations] to have any contested issue relating to medical matters determined by the Invalidity Committee."
Reference(s)
Organization rules reference: ARTICLE 90 OF THE SERVICE REGULATIONS
Keywords:
insurance; invalidity; medical board; medical consultant; medical opinion; organisation's duties;
Consideration 13
Extract:
"With regard to the complainant's claim to be provided with copies of any medical reports relied upon by [the insurance brokers] Van Breda, it is trite law that a staff member's right to see medical reports may not ordinarily be challenged. As such, the complainant should be provided with copies of medical reports contained in Van Breda's file relating to this matter. Whether or not the [organisation] has these documents in their possession is irrelevant. As the policy holder, it has the right to give instructions that the complainant be given access to these documents and must ensure that she is provided with the information as soon as reasonably possible. [...] It is of no avail that some or all of the reports in question may have been given by the complainant's own doctors: she is entitled to know from Van Breda exactly what medical information about her it has received and from whom."
Keywords:
duty to inform; insurance; medical opinion; medical records; organisation's duties; right;
Judgment 2037
90th Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainants challenge the appointment of another staff member. The Appeals Committee considered that the appeals had not been filed in time. But the complainants argue that the challenged appointment was not definitive until the offer had been signed and the conditions for appointment satisfied. "When what is challenged is a contract between an organisation and a future employee, the act which may be impugned is the contract as communicated by the organisation, irrespective of the possibilities open to the contracting parties to appeal internally such as a medical examination still to be undergone [...] legal certainty requires communications from an organisation to be reliable so that all concerned know when the time limit for an appeal starts to run. this is all the more important when the organisation is not bound to reveal the exact content of the contract. In this instance, [...] since the organisation had already notified its decision and its agreement with the future [staff member] on his terms of appointment, the signing of the contract and the prior medical examination appeared to be mere formalities. It would have been sheer pedantry to insist that they be completed and the staff so informed before the appointment of the [staff member] was announced." The time limit for an appeal had therefore started to run as soon as the personnel had been informed of the contested appointment.
Keywords:
appointment; cause of action; contract; date; decision; duty to inform; formal requirements; good faith; internal appeal; medical examination; offer; organisation's duties; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 2032
90th Session, 2001
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"If a Member State in breach of its international obligations taxes the exempt income of a staff member, the reimbursement of that tax cannot be made to depend upon the grace and favour of that State."
Keywords:
member state; official; organisation's duties; privileges and immunities; refund; refusal; salary; tax;
Consideration 17
Extract:
"If the organisation does not [...] contest the exempt status of the complainant, it is its duty to protect him against the claims of the authorities of a Member State, to reimburse him the amount of tax he has paid to the State, and to employ its own considerable power, authority and influence to have the [...] authorities [of that state] change their position. [...] By requiring him to appeal against his [...] tax assessment while conceding the tax-exempt status of his [...] income the organisation has failed in its duty to the complainant."
Keywords:
member state; official; organisation's duties; privileges and immunities; refund; refusal; salary; tax;
Judgment 2028
90th Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The Tribunal does not dispute the principle of delegation of authority (see Judgment 1386 [...]); however, when a complainant calls for proof that power has in fact been delegated to a specific person, it is a matter for the organisation to produce such proof."
Reference(s)
ILOAT Judgment(s): 1386
Keywords:
burden of proof; complainant; delegated authority; disclosure of evidence; evidence; general principle; organisation's duties; request by a party;
Judgment 2025
90th Session, 2001
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complaint was transferred to the field against his liking. At the end of the internal procedure, the organisation decided to reassign him to Headquarters. "It thereby admitted [...] that it had failed to assess the complainant's circumstances with the care required by administrative decisions that affect its staff. That in itself warrants the conclusion that, even though his assignment [to Headquarters] met the complainant's wishes in part, it did not fully make up for the injury caused by his transfer [to the field]. Consequently [...] the Director-General was wrong not to award him the compensation he had claimed."
Keywords:
compensation; executive head; field; headquarters; injury; internal appeal; organisation's duties; reassignment; refusal; request by a party; transfer;
Judgment 2018
90th Session, 2001
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 14-15
Extract:
The complainant attacks the decision not to confirm his appointment after a probationary period and to terminate his employment prior to the expiry of his fixed-term contract. "The Tribunal [...] notes that [...] the organisation's legal division advised the administration of the procedure to be followed in terminating the complainant's appointment. Specifically [...] the administration was advised of its obligation to set up a special advisory board to investigate the case and to report back to the Director-General. This advice, like the [...] findings of the Special Advisory Board, appear inexplicably to have been simply ignored by the Director-General. In the circumstances, the impugned decision [...] must be quashed."
Keywords:
advisory body; advisory opinion; contract; decision quashed; executive head; fixed-term; organisation's duties; probationary period; procedure before the tribunal; refusal; termination of employment;
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