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 1491
80th Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"CERN has but one obligation under R IV 2.02: to refund taxes paid by officials 'on remuneration and benefits received from the organization'. [...] CERN is not to blame for the resulting increase in the rates of taxation of the complainants' total income. All it can do is pay back to French citizens on its staff the amounts they have paid in tax on their international earnings: it exerts control neither over the tax brackets and rates set by French law, nor over the method of reckoning their total income, which is just a feature of the French manner of processing income tax."
Reference(s)
Organization rules reference: CERN STAFF REGULATION R IV 2.02
Keywords:
domestic law; organisation's duties; privileges and immunities; rate; refund; salary; staff regulations and rules; tax;
Judgment 1488
80th Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"Article 38(3) [...] seeks to ensure that the proposal shall go through a formal process in which the staff have a right to be consulted through the General Advisory Committee. Indeed it makes for good relations between staff and administration not just to empower but to require that body, set up under the Service Regulations to represent both sides, to give 'a reasoned opinion'. It does not matter that management may have consulted the staff on the subject in other ways. What was lacking in this case was what Article 38(3) required: the formal consultation of the General Advisory Committee and the submission of its reasoned opinion before the decision was made."
Reference(s)
Organization rules reference: ARTICLE 38(3) OF THE EPO SERVICE REGULATIONS
Keywords:
advisory body; consultation; due process; organisation's duties; procedural flaw; staff regulations and rules;
Judgment 1487
80th Session, 1996
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The abolition of a post need not mean that the employee on it must go. [...] But here it is plain from the evidence [...] that the Secretary-General did look thoroughly into the possibilities of reassignment, but he found no suitable post because of the complainant's grade and because there were but few permanent posts, and even fewer that were vacant or likely to become so."
Keywords:
abolition of post; organisation's duties; reassignment; separation from service; termination of employment;
Judgment 1484
80th Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"According to general precepts of administrative law and the law of the international civil service an organization may not unilaterally take action that affects a staff member's status before letting him have his say".
Keywords:
general principle; international civil service principles; organisation's duties; right to reply;
Consideration 9
Extract:
"Although the complainant was informed of the objections to his work and behaviour, he was never given any warning that was recognisable as such of the organization's intention of ending his appointment before expiry. [...] The decision he impugns shows a serious formal flaw and cannot stand."
Keywords:
formal flaw; notice; organisation's duties; separation from service; termination of employment;
Judgment 1479
80th Session, 1996
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"The Tribunal has often affirmed the principle of good faith by which international organisations are bound and their duty to treat their staff members with consideration and fairness. It has also affirmed - for example in Judgment 946 [...] - the staff member's right to be kept informed of any action that may affect his legitimate interests."
Reference(s)
ILOAT Judgment(s): 946
Keywords:
case law; duty to inform; general principle; good faith; organisation's duties; respect for dignity; staff member's interest;
Judgment 1475
80th Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"The Organization lawfully dismissed the complainant under [Staff] Rule 1070.1: it gave her due written warning; it let her have reasonable time in which to improve; it paid her three months' salary in lieu of notice; and it was unable to reassign her locally."
Reference(s)
Organization rules reference: WHO STAFF RULE 1070.1
Keywords:
due process; notice; organisation's duties; reassignment; staff regulations and rules; termination of employment;
Judgment 1450
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
Having been denied permanent appointments, the complainants are seeking compensation failing reinstatement. The EPO pleads that the claim is irreceivable for failure to exhaust the internal remedies open to them. "The EPO fails in its preliminary objection to the complainants' claim to damages. [...] It may not refuse the complainants access to the appeal procedure on the grounds that they are 'auxiliary' staff, yet say that they ought, in what amounted to preliminary appeal [...] to have demarcated the full ambit of any future litigation."
Keywords:
claim; good faith; internal appeal; internal remedies exhausted; material damages; organisation's duties; receivability of the complaint; status of complainant;
Judgment 1441
79th Session, 1995
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"Although an explanation of the reasons for an administrative decision affords an essential safeguard of the staff member's rights, consistent precedent has it that the form the explanation takes will depend on the nature of the decision and the context in which it is taken. Here UNESCO is right in stating that each successive decision, from the provisional suspension from duty to the final act of dismissal, was taken in a context that the complainant was quite well aware of. The suspension came after the questioning of him by the inspectors; the dismissal after the report by the Disciplinary Committee; and the final confirmation of dismissal after the Appeals Board hearings. The text of each decision so explicitly cites the material background that he may not properly contend he was caught unawares or profess ignorance of the reasons for each decision and what it meant."
Keywords:
case law; duty to substantiate decision; organisation's duties; purport; safeguard; termination of employment;
Judgment 1433
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Article VII (1) of the Tribunal's Statute requires that for a complaint to be receivable the complainant must have 'exhausted such other means of resisting a final decision as are open to him under the applicable staff regulations'. The Tribunal recognises that reasonable time must be allowed for completing the internal appeal procedure. Yet in this case [fifteen months had passed between the date of the complainant's internal appeal and the organization's response to the appeal] objections to receivability ill become the defendant".
Keywords:
absence of final decision; administrative delay; case law; complaint; date; iloat statute; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; receivability of the complaint; reply;
Consideration 6
Extract:
"The complainant was kept waiting over sixteen months [...] for an answer to his request [...] and fifteen months for the [organisation] to file its reply [...] to his appeal [...] and so let the internal appeal procedure go ahead. The Tribunal holds that since he took all the steps he could take to obtain a final decision and since the [organisation] failed to discharge promptly its obligations under the internal procedure he was justified in coming to the Tribunal. That is in keeping with what the Tribunal ruled in, for example, Judgment 1243 [...]."
Reference(s)
ILOAT Judgment(s): 1243
Keywords:
absence of final decision; administrative delay; case law; complaint; date; direct appeal to tribunal; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; receivability of the complaint; reply;
Judgment 1432
79th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"It is immaterial to the fact of recruitment that the decision to recruit her may have been taken ultra vires. [...] The organization must bear the consequences of any decision taken by someone it has itself appointed for the purpose".
Keywords:
appointment; contract; decision; decision-maker; lack of consent; liability; organisation; organisation's duties;
Consideration 14
Extract:
The organization wrongly told the complainant that she was not under contract after reassigning her to a post in the field following a break in service. The Tribunal concludes that the complainant had been reemployed by the organization and that "on account of [its] attitude towards her she has sustained moral injury over and above the [material] injury [that she sustained]".
Keywords:
contract; material injury; moral injury; organisation's duties;
Judgment 1427
79th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The Organization did not execute the judgment ordering it to reinstate the complainant as promptly as it should have. It caused him "needless uncertaintyby requiring him to apply for vacancies and by ignoring his request for reinstatement in the vacant post of storekeeper [which he formerly held]. It thus virtually compelled him to come back to the Tribunal".
Keywords:
application for execution; execution of judgment; judgment of the tribunal; moral injury; organisation's duties; reinstatement; vacancy;
Consideration 10
Extract:
The complainant is entitled to "moral damages for the injury due to the thwarting of his legitimate expectation of prompt and correct execution of the Tribunal's judgment."
Keywords:
administrative delay; application for execution; execution of judgment; judgment of the tribunal; legitimate expectation; moral injury; organisation's duties;
Judgment 1425
79th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The judgment on which the complainant relies, "restored her contractual rights by quashing the unlawful dismissal. But it did not confer on her any rights beyond those she derived from her contract. Since the contract was for a fixed term CERN had no duty either to convert it into a permanent one or to extend it until she was fit to go back to work."
Keywords:
contract; execution of judgment; fixed-term; judgment of the tribunal; organisation's duties; reinstatement; termination of employment;
Judgment 1419
78th Session, 1995
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
"Where the Tribunal sets a decision aside the defendant organisation is bound to take any action required to give full effect to the wording and reasoning of the judgment. When the dispute is about financial liability the Tribunal may in the full exercise of its competence either state the amount of which the defendant is liable, if a sufficiently exact figure can be put on it, or else, where execution calls for further calculation or the play of discretion, send the case back to the organisation so that it may act on the rulings in the judgment."
Keywords:
compensation; consequence; discretion; effect; execution of judgment; judgment of the tribunal; organisation's duties; res judicata;
Consideration 30
Extract:
Since 1982 the ESO has aligned its salary policy with that of the European co-ordinated organisations. "The ESO might no doubt change the reference mark or the arrangements provided that it abided by the procedures and forms prescribed for the purpose in its own rules and regulations. But so long as the present arrangements hold good, its staff are entitled to the safeguards of objectivity and stability they afford. The ESO may not remove such safeguards because of prevailing circumstances or a mere wish to do so."
Keywords:
acquired right; organisation's duties; patere legem; rule of another organisation; security of tenure; staff member's interest; staff regulations and rules;
Consideration 24
Extract:
"The second sentence of [Article VIII of the Tribunal's Statute] does no more than allow an alternative, to which the Tribunal may resort as it deems fit, in the particular case where there is difficulty over discharging some non-financial obligation. The reference in the article to the possibility of awarding 'compensation for the injury caused' does not preclude the Tribunal's determining, in exercise of the competence conferred by the first sentence, the financial consequences of an organisation's failure to abide by its staff regulations or to discharge its contractual obligations."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
allowance; compensation; iloat statute; injury; judicial review; organisation's duties; staff regulations and rules;
Judgment 1406
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The Tribunal is quite satisfied on the evidence that the complainant was not treated as she ought to have been. It is true that the French government was to blame for the shilly-shallying and shifts of attitude she had to put up with [...] but the organization's fault, though limited, is beyond dispute."
Keywords:
injury; liability; member state; organisation's duties; staff member's interest;
Consideration 11
Extract:
"The Tribunal dismisses [the complainant's] claims to reinstatement or payment of two years' salary and to further moral damages to cover the injury to her future financial prospects since there was nothing unlawful in the WHO's refusal to reinstate her or extend her appointment."
Keywords:
claim; contract; good faith; material damages; moral injury; non-renewal of contract; organisation's duties; reinstatement;
Judgment 1403
78th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
Although the rules do not provide for the grant of a so-called typist's allowance for clerical officers, Eurocontrol has on an individual basis and upon application granted it to clerical officers who met certain objective conditions. "So the question at issue is whether Eurocontrol is bound in law by such long-standing practice. As was held in Judgment 421 [...] and again in Judgment 1053 [...] an organisation may be so bound where the practice is one that the staff have come to rely on."
Reference(s)
ILOAT Judgment(s): 421, 1053
Keywords:
allowance; binding character; case law; criteria; organisation's duties; practice; staff regulations and rules;
Consideration 14
Extract:
Having placed a liberal construction on the applicable rule, Eurocontrol granted certain clerical officers payment of the so-called typist's allowance. This established a practice which remains in force until such time as a decision is taken to amend or abolish it. "Payment of the allowance to the complainant was a matter, not of discretion, but of obligation, and Eurocontrol's delay in discharging it entitles her to interest."
Keywords:
binding character; delay; interest on damages; organisation's duties; practice; staff regulations and rules;
Judgment 1398
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
If the complainant succeeded in proving flaws in the procedure adopted by the Appeals Committee "they would indeed have been fatal and the EPO would, contrary to what it says, be liable."
Keywords:
effect; flaw; internal appeals body; liability; organisation; organisation's duties; procedural flaw;
Judgment 1395
78th Session, 1995
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant was dismissed under Staff Rule 2.6.01 which says that "appointments shall terminate on account of [...] g) dismissal for specified reasons of unsuitability." The Tribunal holds that this means, "first that the reasons must be 'specified' in some form that enables the staff member to understand them clearly and, secondly, that the statement of them must be prior to the actual dismissal. It is, after all, a general principle of law that the staff member must be afforded a proper opportunity, again prior to dismissal, to answer any allegations of unsuitability."
Reference(s)
Organization rules reference: EMBL'S STAFF RULE 2.6.01
Keywords:
due process; duty to substantiate decision; flaw; general principle; organisation's duties; reinstatement; right to reply; staff regulations and rules; termination of employment; unsatisfactory service;
Consideration 7
Extract:
The complainant was dismissed on grounds of unsuitability for work without having had a chance to answer the charges against her. The Tribunal orders her reinstatement and observes that she is also "entitled to an award of damages for moral injury in view of her seniority and her humiliation by being told that she 'need not be present in the laboratory until the end of [her] contract'."
Keywords:
moral injury; organisation's duties; reinstatement; respect for dignity; seniority; termination of employment; unsatisfactory service;
Judgment 1394
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant claims damages for injury due to wrongful delay in completing his performance report for 1986-87. "The Tribunal is satisfied on the evidence that the delay that occurred was inadmissible. The EPO's failure to settle reasonably soon a dispute that raised no especially difficult issue of fact or law has discomfited the complainant in that after six years he does not yet have his final rating for 1986-87. [...] He has sustained moral injury, and indeed it is expressly acknowledged in later staff reports. On that score he will get fair redress in an award of 5,000 German marks in damages."
Keywords:
compensation; delay; moral injury; organisation's duties; performance report; work appraisal;
Judgment 1393
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"There is no reason of public policy why an organisation should not entertain a claim, even when it is premature, pending the notification of an individual decision. That is the approach that the EPO took when, instead of warning the complainant forthwith that his appeal was premature, it entertained his claims - just as it entertained all the others - and forwarded them, after what it described as preliminary study, to the Appeals Committee. So it was in breach of good faith in objecting to receivability before the Committee at a time when the time limits set off by its individual decisions had already run out. The Tribunal accordingly holds that under the circumstances the complainant is right to plead that he was caught in a procedural trap."
Keywords:
absence of final decision; date; general decision; good faith; individual decision; internal appeal; internal appeals body; organisation's duties; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 1390
78th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
"To what extent must an administration substantiate its decisions? The answer is that it depends on the sort of decision that is to be substantiated. In the present case a distinction must be drawn between the rejection of an external application, particularly where a competition has attracted many candidates, and the rejection of an application by a serving official. In the latter case the organisation has a duty to maintain the relations of trust it has with the staff member, and although it must remain free to choose how it will notify the reasons to him it must be wary of damaging his career prospects."
Keywords:
appointment; candidate; competition; competition cancelled; discretion; duty to substantiate decision; internal candidate; organisation's duties; purport; refusal; staff member's interest;
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