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 1315
76th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The Tribunal quashes the results of a competition because the appointment procedure was tainted with bias. This entails the quashing of the appointment of an external candidate. "The Tribunal expects that the President will take such measures as will ensure that [the external candidate], who accepted the [appointment] in good faith, suffers no material injury."
Keywords:
abuse of power; appointment; bias; competition; competition cancelled; flaw; good faith; misuse of authority; open competition; organisation's duties;
Judgment 1314
76th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant, who got assurances from the ILO that it was not going to fill a post in which he was interested, alleges on the basis of a list of staff movements that the organization had filled the post without holding an internal competition. It turns out that the list contained an error, of which the ILO failed to give the complainant notice, and the post had not been filled. The Tribunal holds that he did not suffer any injury on account of the alleged decision he impugns, but holds that the ILO left the matter uncertain for several months. There being no decision for the Tribunal to quash, his claims fail save the one to an award of costs.
Keywords:
absence of final decision; costs; duty to inform; internal competition; lack of injury; organisation's duties; post;
Judgment 1312
76th Session, 1994
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The complainant was held against his will in his home country and could not return to his duty station at the end of his home leave. He seeks the quashing of the decision not to renew his appointment. Whether or not the Agency was competent to settle the issue which led the authorities of his country to keep him from returning to his duty station, it "had and still has the duty to safeguard its employee's right to work in full independence for his employer".
Keywords:
contract; fixed-term; independence; non-renewal of contract; official; organisation's duties;
Judgment 1306
76th Session, 1994
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"When a decision is quashed, it is deemed never to have been taken. The Administration must do whatever the correction of the position in law may require and by due process take a new decision that is free from the fatal flaws in the quashed one and that gives effect to the Tribunal's ruling in the light of the reasoning that underlies it."
Keywords:
application for interpretation; due process; effect; flaw; judgment of the tribunal; organisation's duties;
Consideration 7
Extract:
The complainant is challenging the UPU's interpretation and execution of Judgment 1235 in which the Tribunal quashed the Director-General's decision confirming his refusal to appoint him to a specific post and offering him compensation for moral injury. "The award of moral damages affords him redress for the injury the Union's unlawful act caused him up to the date of Judgment 1235; it does not relieve the Union of remedying that unlawful act by reviewing the matter of his rights, and this time doing it properly."
Reference(s)
ILOAT Judgment(s): 1235
Keywords:
application for interpretation; execution of judgment; flaw; injury; judgment of the tribunal; moral injury; organisation's duties; purpose;
Judgment 1298
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Vide Judgment 1154, consideration 4.
Reference(s)
ILOAT Judgment(s): 1154
Keywords:
case law; contract; decision; discretion; duty to inform; duty to substantiate decision; fixed-term; judicial review; non-renewal of contract; organisation's duties;
Judgment 1289
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"As the Tribunal has said before, many decisions by international organisations that prompt complaints are unsubstantiated. Yet the staff member is still able to defend his rights. Though not stated in the actual text, the reasons for the decision may be discerned from earlier correspondence between the parties or in the last resort from the organization's brief in reply to the complaint, which the staff member may comment on in his rejoinder. Unless there is express derogation the rule is that the organization need not, if that is not its practice, state the reasons for all its decisions: what matters is that the absence of a statement should not be to the staff member's detriment."
Keywords:
case law; complaint; decision; duty to substantiate decision; injury; motivation; motivation of final decision; organisation's duties; practice; rejoinder; reply; right to reply;
Judgment 1280
75th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 14-15
Extract:
Vide Judgment 1279, considerations 14 and 15.
Reference(s)
ILOAT Judgment(s): 1279
Keywords:
complaint; date; good faith; internal appeal; organisation's duties; receivability of the complaint; staff regulations and rules; time limit;
Judgment 1279
75th Session, 1993
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 14-15
Extract:
Under PAHO Staff Rule 1230.7.1 no-one may appeal to the Board of Appeal until "all the existing administrative channels have been tried". The complainants advised the administration that they intended to appeal to the Board as soon as they had the assurance that they had exhausted the internal remedies. "The defendant was therefore not free in good faith to treat the complainants' internal appeals to the Board as being out of time by taking a date that made it impossible for them to satisfy the prior condition set in Rule 1230.7.1."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1230.7.1
Keywords:
complaint; date; good faith; internal appeal; organisation's duties; receivability of the complaint; staff regulations and rules; time limit;
Judgment 1278
75th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"In Judgment 782 [...] the Tribunal stated the circumstances in which it would enforce a promise by an international organisation to a staff member. The promise must be substantive, i.e. to act, or not to act, or to allow; it must come from someone who is competent or deemed competent to make it; the breach of it must cause injury to the person who relies on it; and the position in law must not have altered between the date of the promise and the date at which fulfilment is due. It does not matter what form the promise takes: it may be written or oral, express or implied."
Reference(s)
ILOAT Judgment(s): 782
Keywords:
case law; competence; condition; decision-maker; duty of care; good faith; organisation's duties; promise;
Consideration 14
Extract:
"The WHO may not absolve itself from liability for keeping a promise by pointing to the provision that there shall be no expectation of renewal."
Keywords:
contract; extension of contract; fixed-term; organisation's duties; promise; right; staff regulations and rules;
Judgment 1273
75th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"A decision not to renew an appointment, though discretionary, must be taken for proper reasons that are notified to the staff member. It will be unlawful if it was not taken by the competent authority and in line with the set rules of procedure, if there was a mistake of law or of fact or abuse of authority, or if some clearly mistaken conclusion was drawn from the evidence."
Keywords:
abuse of power; competence; contract; decision; decision-maker; discretion; due process; duty to substantiate decision; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; non-renewal of contract; organisation's duties;
Judgment 1272
75th Session, 1993
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
To apply rules that make the competence of a candidate and his prior service in the organisation paramount considerations in filling vacancies means "that at the very least the staff must be told of the vacancy or of the creation of a post and anyone who wants to apply must be allowed to do so and must have the application considered according to objective criteria."
Keywords:
appointment; candidate; creation of post; duty to inform; organisation's duties; post; vacancy; vacancy notice;
Judgment 1266
75th Session, 1993
International Union for the Protection of New Varieties of Plants
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
Vide Judgment 1265, consideration 21.
Reference(s)
ILOAT Judgment(s): 382, 825
Keywords:
adjustment; case law; coordinated organisations; general service category; icsc decision; local status; organisation's duties; reckoning; right of appeal; salary; scale; tribunal;
Consideration 24
Extract:
Vide Judgment 1265, consideration 24.
Keywords:
adjustment; competence of tribunal; coordinated organisations; declaration of recognition; general service category; icsc decision; local status; official; organisation's duties; reckoning; right of appeal; salary; scale; written rule;
Consideration 23
Extract:
Vide Judgment 1265, consideration 23.
Reference(s)
ILOAT Judgment(s): 1197
Keywords:
adjustment; adversarial proceedings; coordinated organisations; duty to inform; general service category; icsc decision; local status; organisation's duties; reckoning; salary; scale; tribunal;
Judgment 1265
75th Session, 1993
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "Insofar as such standards are found to be flawed they may not be imposed on the staff and WIPO must if need be replace them with provisions that comply with the law of the international civil service. That is an essential feature of the principles governing the international legal system the Tribunal is called upon to safeguard. It is therefore plain that the complainants' rights to judicial process are safeguarded by the defendant organization's recognition of the Tribunal's jurisdiction. Such jurisdiction may not be restricted by the introduction into the organization's Staff Regulations or Rules adopted by bodies outside the Tribunal's competence."
Keywords:
adjustment; competence of tribunal; coordinated organisations; declaration of recognition; general service category; icsc decision; international civil service principles; judicial review; local status; official; organisation's duties; reckoning; right of appeal; salary; scale; staff member's interest; written rule;
Consideration 21
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of its staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The organization, having thus complied with the obligations it derives from membership of the common system, "may not in that way decline or limit its own responsibility towards the members of its staff or lessen the degree of judicial protection it owes them. The Tribunal has already had occasion to speak of that responsibility and to stress the duty of any organisation that introduces elements of the common system or any other outside system into its own rules to make sure that the texts it thereby imports are lawful: see Judgment 825 [...], under 18, which in turn refers to Judgment 382 [...], under 6."
Reference(s)
ILOAT Judgment(s): 382, 825
Keywords:
adjustment; case law; coordinated organisations; general service category; icsc decision; judicial review; local status; organisation's duties; reckoning; right of appeal; salary; scale;
Consideration 23
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organistions whose headquarters are in Geneva. WIPO says it is unable to submit any comments on the complainants arguments because it lacked authority to set the salary scales. Having done what was required to import the challenged scale in full into WIPO's own rules and thereby endorsed the ICSC's decisions without qualification, the Director General then "took up an unhelpful posture and thereby prevented before the Tribunal the adversarial pleadings that are an essential feature of judicial process and, besides, indispensable for providing the Tribunal with adequate information: see Judgment 1197 [...], under 13 and 14."
Reference(s)
ILOAT Judgment(s): 1197
Keywords:
adjustment; adversarial proceedings; coordinated organisations; duty to inform; general service category; icsc decision; judicial review; local status; organisation's duties; reckoning; salary; scale;
Judgment 1245
74th Session, 1993
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 28-29
Extract:
"A duty does lie on the Agency to ensure that a staff member who qualifies should be made a participant in the [United Nations Joint Staff Pension] Fund, and the decision the Agency took [...] to exclude the complainant from participation in the Fund was based on several mistakes of fact and law [...]. Because the Agency committed those mistakes and failed in its duty to have the complainant readmitted in the fund [...] she is entitled to be put as far as possible in the position that she would be in now had she been readmitted to the Fund at the earliest available opportunity."
Keywords:
complainant; condition; judicial review; mistake of fact; organisation's duties; participation; unjspf;
Judgment 1242
74th Session, 1993
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
The complainant submits that the organization did not do its utmost to reinstate him in execution of Judgment 1154. WIPO's letter "does not substantiate the contention that it had. it simply conveys the Director General's decision 'not to extend [the complainant]'s appointment'. It says nothing of any attempts to find him a suitable position and thereby discharge its primary obligation under Judgment 1154. [...] The Director General had the duty to justify his decision by explaining why it was impossible to reinstate the complainant [...] only in its reply to this complaint does the organization maintain that 'there was no possibility of reinstating the complainant since there was no suitable post to which he could be appointed given his qualifications'."
Reference(s)
ILOAT Judgment(s): 1154
Keywords:
application for execution; duty to substantiate decision; good faith; judgment of the tribunal; organisation; organisation's duties; refusal; reinstatement; reply; res judicata; submissions; tribunal;
Judgment 1235
74th Session, 1993
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Although the Director-General is not of course bound to appoint the candidate the Committee puts first and has discretion in making the choice, the reasons for his decision must be stated so that the Tribunal may properly exercise its power of review."
Keywords:
appointment; candidate; competition; discretion; duty to substantiate decision; judicial review; limits; organisation's duties; promotion board; purpose;
Judgment 1234
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
The complainant, an official at grade D.2, was moved twice in 18 months but given no explanation for the moves. His second transfer was to a post at a lower grade, some distance from headquarters and in a field he had never worked in. "Although the Director-General will ordinarily be treated as the best judge of what the organization's interests are and the Tribunal will not ordinarily interfere in his assessment of them, nevertheless it will do so in this case. It is quite inadequate to plead that the decision to transfer the complainant was 'in the interests of the organization'. The basis for reaching that conclusion must be made clear so that the Tribunal may exercise its power of review and determine whether there exists any of the grounds for setting aside a discretionary decision of that kind."
Keywords:
discretion; downgrading; duty to substantiate decision; grade; judicial review; limits; organisation's duties; organisation's interest; post; transfer;
Consideration 19
Extract:
The complainant, an official at grade D.2, was moved twice in 18 months but given no explanation for the transfers. His second move was to a post at a lower grade, at some distance from headquarters and in a field he had never worked in. The organization pleads that his transfer was "in the interests of the organization" and that the burden is on him to show that it was not. "But there it betrays a deeply mistaken view of its duty. Of course its own interests are paramount, but it must still, for the sake of proper management and mutual confidence, treat its staff fairly. If it is transferring a staff member it must let him have a degree of responsibility corresponding to his grade and respect his dignity. It must give him a statement of the reasons for the transfer and the opportunity of responding."
Keywords:
burden of proof; downgrading; duty to substantiate decision; grade; organisation's duties; organisation's interest; post; respect for dignity; right to reply; staff member's interest; transfer;
Judgment 1232
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Having been held in his home country against his wishes, the complainant applied, under duress, for early retirement, and the authorities of his country forwarded his application to the organization. "As soon as he was able to show that he had acted under duress UNESCO had the duty, according to the general principles that guarantee the independence of international civil servants, to grant relief. Such independence means that a staff member may not be put on early retirement where a member State has ordered him to apply for it."
Keywords:
burden of proof; early retirement; independence; international civil service principles; lack of consent; member state; official; organisation; organisation's duties; request by a party;
Judgment 1231
74th Session, 1993
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
The complainant seeks the quashing of a decision to dismiss him following the abolition of his post. The only grounds given for his dismissal are "just a broad allusion to the organization's 'service requirements' or 'interests'. Such terms are meaningless unless there is a fuller explanation enabling the staff member and, if need be, the Tribunal to grasp the actual reasons, especially where the outcome is as drastic as abolition of post and dismissal."
Keywords:
abolition of post; decision; duty to substantiate decision; judicial review; organisation's duties; organisation's interest; purport; staff member's interest; termination of employment;
Consideration 26
Extract:
As the Tribunal has often held "there must be objective grounds for abolition, which must not be used as a pretext for dislodging undesirable staff: see Judgments 334 [...], under 5; 523 [...], under 5; 756 [...], under 2; and 807 [...], under 16 and 17."
Reference(s)
ILOAT Judgment(s): 334, 523, 756, 807
Keywords:
abolition of post; abuse of power; case law; misuse of authority; organisation's duties; purpose; termination of employment;
Judgment 1230
74th Session, 1993
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The impugned decision - the non-renewal of the complainant's contract until his retirement- was made on the basis of mistake of fact, an erroneous interpretation of certain statements made by the complainant regarding his availability. It was also established that the Agency must have known that the government of the complainant's country of origin wanted him to return home. The Agency, in this context "ought to have paid especial heed, for the sake of the independence of the international civil service, and his own in particular, to finding out just what he really intended and conveying it accurately to the competent committee."
Keywords:
contract; fixed-term; independence; intention of parties; international civil service principles; member state; non-renewal of contract; official; organisation; organisation's duties;
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