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 1734
85th Session, 1998
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(g)
Extract:
"An organisation does have a duty to spare the staff member unnecessary injury and, if it sees a blatant procedural mistake, must, if possible, alert him to it."
Keywords:
duty to inform; injury; organisation's duties; procedure before the tribunal; staff member's interest;
Judgment 1733
84th Session, 1998
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The authorities of the complainant's home country, who were asked to give an opinion about giving him a promotion, declined their support for him but gave no reasons. If the country "had given a reason the Director General would have had to consider whether it was sound or not and whether refusing him the appointment was in the Agency's best interests. since it offered none, he had no basis on which to exercise his discretion. The complainant was fully qualified for promotion; his abilities were well known to the Agency and appreciated. The paramount consideration mentioned in Article VII.d [of the IAEA Staff Regulations] was heeded, namely seeking staff of the highest standards of efficiency, technical competence and integrity. The reason stated by the Agency for refusing him the appointment which he would otherwise have been granted is therefore untenable and acting from that reason amounted to a mistake in law."
Reference(s)
Organization rules reference: ARTICLE VII.D OF THE IAEA STAFF REGULATIONS
Keywords:
discretion; independence; member state; organisation's duties; organisation's interest; promotion; qualifications; staff regulations and rules;
Considerations 16-17
Extract:
"In the performance of their duties the Director General and staff may not seek or receive instructions from any source external to the Agency. For the Director General to allow a member State a veto on the appointment of a staff member is to 'receive instructions' from an external source and an interference with the paramount consideration of securing staff of the right calibre. Paragraph 68 of the Administrative Manual and the sentence 'accordingly government sponsorship will be required' [...] are null and void as being contrary to [...] the Statute."
Reference(s)
Organization rules reference: PARAGRAPH 68 OF THE IAEA MANUAL
Keywords:
appointment; independence; member state; organisation'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;
Consideration 8
Extract:
The administration has both the right and the duty to organise itself and to supervise the expenditure of its funds and the movements of its staff in ways which it conceives to be in the best interests of the Organization as a whole. No staff member, even a senior one such as the complainant, has the right to refuse to comply with administrative requirements which are generally applicable throughout the Organization."
Keywords:
discretion; organisation's duties; organisation's interest; staff member's duties;
Judgment 1728
84th Session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"As for the right to be heard before termination, it must of course be respected where there is a proposal to terminate an appointment for disciplinary reasons or for unsatisfactory performance. A reduction-in-force committee does not, however, make findings of that kind but performs very different functions. That is clear from Manual paragraph II.9.340.3, which requires assessment 'essentially' on the basis of appraisal reports and other written records of performance and service."
Keywords:
complainant; confidential evidence; duty to inform; internal appeals body; limits; organisation's duties; personal file; selection board;
Judgment 1726
84th Session, 1998
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 26
Extract:
The complainant submits that his transfer was unlawful. He criticizes the administration, notably, for not consulting him. "The complainant's seniority, length of service (virtually all of it on difficult posts in developing countries), the fact that he had only recently been moved [...] and the wholly unnecessary and unjustifiable failure to consult him constitute in the Tribunal's view a serious affront to his dignity and a breach of the Organization's obligation of respect towards him as a member of its staff."
Keywords:
consultation; decision; injury; organisation's duties; respect for dignity; transfer;
Judgment 1696
84th Session, 1998
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The wording of Regulation 9 (b)(3) is plain: the decision to terminate an appointment at the end of probation may be taken only 'after consultation with an advisory body', the Staff Committee." The Organisation submits that it need only speak to the Chairman. But the Committee has several members who are supposed to function as a single body. The Orgnanisation's argument postulates prior delegation of authority to the Committee's Chairman or officers. To be valid, however, such delegation must have some basis in the rules. Failing that, any action "will be ultra vires" there being wrongful failure to consult the Staff Committee, the impugned decision must, in line with patere legem, be set aside.
Reference(s)
Organization rules reference: CCC STAFF REGULATIONS 9(B)(3)
Keywords:
advisory body; advisory opinion; decision; delegated authority; due process; organisation's duties; patere legem; probationary period; procedural flaw; staff regulations and rules; termination of employment;
Judgment 1684
84th Session, 1998
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Article VII, paragraph 1, of the Tribunal's Statute says that for a complaint to be receivable the internal remedies must have been exhausted. But precedent has it that, if there is delay over the final decision, the requirement will be met provided that the complainant has done everything that might be expected of him to get one but the appeal proceedings are unlikely to end within a reasonable time. [...] The requirement was plainly met in this case. Having done all that he did, to no avail, the complainant could not reasonably be required to wait any longer, there being no grounds for expecting the Appeals Committee to report soon. The organisation's domestic difficulties in running its appeal procedure afforded no excuse for denying him due process."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
administrative delay; case law; condition; exception; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; reasonable time;
Judgment 1682
84th Session, 1998
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"True, Article R 4 1.01 [of the EMBL Staff Regulations] does not commit [the EMBL] to granting [its staff] all the adjustments that apply to the staff of the coordinated organizations. Yet the provision does not leave it quite free to apply only in part, let alone to cast aside altogether, the decisions of those organisations. [...] Of course it may switch to another system or standard of reference [...] but as long as [...] the system [...] holds good [...] the staff are entitled to the safeguards that R 4 1.01 bestows: objective arbitrament and sure figures."
Reference(s)
Organization rules reference: ARTICLE R 4 1.01 OF EMBL STAFF REGULATIONS
Keywords:
adjustment; amendment to the rules; coordinated organisations; organisation's duties; rule of another organisation; safeguard; salary; scale; staff regulations and rules;
Judgment 1677
84th Session, 1998
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
ITU Staff Regulation 3.8 (a) lays down two conditions regarding the payment of a special post allowance: "one is that there must be a post at a higher grade than the claimant's; the other that the claimant must be performing the duties of the post. The Union adds a third condition, that the post description must be recent. But it is wrong: there is neither a written rule nor any particular basic principle that lays down that requirement."
Reference(s)
Organization rules reference: ITU STAFF REGULATION 3.8 (A)
Keywords:
condition; grade; organisation's duties; post description; special post allowance; staff regulations and rules;
Judgment 1660
83rd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The circumstances of the case are peculiar, the Association having failed to provide the internal means of redress that it ought. So it is hard to see any merit in the Association's objection to the complainants' appealing straight to the Tribunal."
Keywords:
complaint; direct appeal to tribunal; exception; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; receivability of the complaint;
Judgment 1659
83rd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainants "plead breach of Regulation 12.2(b) which confers priority for re-employment on permanent employees whose posts had to be abolished. But since all the posts were abolished the Association had no choice in the matter and nothing to offer the redundant staff but the opportunity of applying for jobs in the new Secretariat."
Reference(s)
Organization rules reference: EFTA STAFF REGULATION 12.2(B)
Keywords:
abolition of post; competition; contract; exception; organisation's duties; permanent appointment; priority; reassignment; reorganisation; separation from service; staff regulations and rules; termination of employment;
Judgment 1646
83rd Session, 1997
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6 and 10
Extract:
"When an organisation chooses to hold a competition it must abide by its written rules and by the general principles set forth in the case law, particularly insofar as they govern the formal side of the process. [...] As the Appeal Board gathered from the personal records of the candidates on the preselection panel's list, [the successful candidate] had neither the university degree nor the experience that the notice required."
Keywords:
applicable law; appointment; candidate; case law; competition; criteria; degree; due process; international civil service principles; organisation's duties; patere legem; procedure before the tribunal; professional experience; selection procedure; staff regulations and rules; vacancy notice;
Consideration 11
Extract:
"The defendant contends on the strength of the complainant's personal file and his supervisors' reports on his conduct and performance that he was not up to the job anyway. That is neither here nor there. The Union has neglected the cardinal rule of any process of selection: the chosen candidate must have at least the qualifications stipulated in the notice."
Keywords:
appointment; candidate; competition; criteria; due process; organisation's duties; personal file; procedure before the tribunal; qualifications; vacancy notice;
Judgment 1641
83rd Session, 1997
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7(c)
Extract:
"Though an organisation must observe acquired rights and keep binding promises, it has broad discretion to amend its Staff Regulations either directly or by incorporating the rules of the common system. In the present economic context and if, like many others, it is in financial straits, it may want to cut costs. There is nothing wrong with the common system's having rules that enable it to do so."
Keywords:
acquired right; amendment to the rules; budgetary reasons; coordinated organisations; discretion; limits; organisation; organisation's duties; organisation's interest; promise; purpose; reduction of salary; staff regulations and rules;
Judgment 1639
83rd Session, 1997
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The Director-General took the view that since the complainant admitted misconduct there was no need to give her any opportunity of defending herself. "The defendant's argument is mistaken. Before it notified to her the decision of summary dismissal it had brought no charges against her, and she therefore had no case to answer. And once it had made the decision to dismiss her without giving her a prior hearing, it had already acted in breach of due process. [...] An international organisation must inform the staff member of any charges it is levelling against him and give him the opportunity of answering before it takes any disciplinary action: audi alteram partem is a requirement it must observe in all circumstances. [...] Even though she had admitted to the incident, she did not on that account forfeit her right to be heard, be it to make a plea in mitigation or to give her own version of the facts or to raise any other issue she wished in her own defence."
Keywords:
adversarial proceedings; complainant; disciplinary measure; duty to inform; mitigating circumstances; organisation's duties; right; right to reply; serious misconduct; summary dismissal; termination of employment;
Judgment 1637
83rd Session, 1997
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
The complainant alleges improper treatment of him by his supervisor. The Tribunal holds that it is "hard to dismiss - as UNIDO does in its surrejoinder - the keen tension between the complainant and his supervisor as 'everyday occurrences in any office' or the effect of 'action taken in the ordinary run of management and likely to make for the degree of stress that any international civil servant is expected to cope with'."
Keywords:
harassment; injury; organisation's duties; respect for dignity; service-incurred; supervisor; working conditions;
Consideration 16(d)
Extract:
The complainant alleges that he has been a victim of harassment by his supervisor. The Tribunal notes that "the conditions the complainant suffered in his last few months of work harmed his health. They caused him injury for which he is entitled to redress. Acting by virtue of Article II, paragraph 2, of its Statute [...]. The Tribunal awards him damages".
Reference(s)
ILOAT reference: ARTICLE II(2) OF THE STATUTE
Keywords:
compensation; harassment; illness; iloat statute; injury; moral injury; organisation's duties; respect for dignity; service-incurred; working conditions;
Judgment 1634
83rd Session, 1997
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"The Laboratory contends that the terms of the contract prevail over the Staff Rules and Regulations on the grounds that the latter are not 'given a superior rank over the provisions in the individual contract'. The Tribunal rejects the contention. Not only was the Director-General bound to abide by the Staff Rules and Regulations but the contract itself recognised that it was subject to the Staff Rules and Regulations."
Keywords:
contract; organisation's duties; precedence of rules; staff regulations and rules;
Consideration 17
Extract:
"If the Director-General had really intended to employ the complainant as a supernumerary he ought to have given him a contract which complied with the Staff Rules and Regulations. He did not. The contract was therefore not one for supernumerary employment even though that was the label it bore."
Keywords:
contract; flaw; intention of parties; offer; organisation's duties; staff regulations and rules;
Judgment 1619
83rd Session, 1997
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"When a staff member makes charges as serious as sexual harassment an organisation must do its utmost to afford protection. But it must at the same time carry out a full and proper inquiry that respects the rights of the accused. Here the WHO obviously failed to do so. Instead it originally preferred to let the Tribunal rule without adducing evidence that might have proved material. It thereby erred, and the complainant is entitled to redress on that account."
Keywords:
adversarial proceedings; inquiry; investigation; moral injury; organisation's duties; respect for dignity; right to reply; sexual harassment;
Judgment 1616
82nd Session, 1997
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The mere remittance of pay does not meet the requirement of notice "unless the parties to the contract of service agree that the employee should not work out the period of notice or the Organisation puts him on special leave during that period. Failing those exceptions the employee must be given actual notice so that he may make proper arrangements for leaving and possibly look for another job. It is inadmissible that any official, let alone an established one, should be told of dismissal on the very day on which it takes effect and left to his own devices without further ado."
Keywords:
compensatory allowance; contract; effect; exception; notice; organisation's duties; permanent appointment; purpose; special leave; staff member's interest; termination of employment;
Judgment 1614
82nd Session, 1997
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant's appointment was terminated after the Organisation abolished her post. Although the organisation knew it had a duty to look into possibilities of reassignment "it had not 'seriously' done so during the period of notice, as the rules required [as stated under Personnel Policies Manual Article 5.7.11(b)], or even afterwards. Indeed it has acknowledged by implication its failure to comply with that duty: why else offer her 'additional compensation' in relief? The plea succeeds and for that reason alone the impugned decision must be set aside."
Reference(s)
Organization rules reference: ARTICLE 5.7.11(B) OF IFAD PERSONNEL POLICIES MANUAL
Keywords:
abolition of post; compensatory allowance; organisation's duties; reassignment; staff regulations and rules; termination of employment;
Consideration 12
Extract:
"Contrary to what the complainant alleges, the reasons for abolishing her post were objective and had nothing to do with her own personality or performance. The decision cast no slight on her integrity and was no affront to her dignity. Her supervisors kept her informed orally and in writing about the progress of the reforms and about her own status. They thereby showed a wish to prepare her for the consequences and no bad faith may be imputed to them. The conclusion is that the defendant caused her no unnecessary or undue injury."
Keywords:
abolition of post; duty to inform; good faith; lack of injury; moral injury; organisation's duties; respect for dignity;
Judgment 1602
82nd Session, 1997
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
According to precedent "the right to priority of consideration that belongs to someone whose post has been abolished requires that any authority concerned with making the appointment must be aware of the right and carefully compare the professional profile of the staff member with that of any outside candidate."
Keywords:
abolition of post; organisation's duties; priority; qualifications; reassignment;
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