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 1103
71st Session, 1991
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant was appointed to a post of reviser. For several years she served, in keeping with her job description, as de facto Head of the German Section. Later, her head-of- section duties were given to another reviser. "It is clear from [the complainant's job description] that the incumbent does not have the right to perform all of the linguistic and management duties stated therein, though he must be capable of performing them if his immediate supervisor so requires in the Office's interests."
Keywords:
elements; organisation's duties; post description; right; title of post;
Consideration 5
Extract:
The complainant objects to her duties as de facto Head of the German Section being given to another reviser. There was no breach of her right to a hearing. "She had ample opportunity to put her case before the decision was confirmed and in the internal appeal proceedings. And considering the circumstances in which the decision was taken and its limited effect, the EPO was not bound to consult her beforehand anyway."
Keywords:
assignment; organisation's duties; right to reply;
Judgment 1087
70th Session, 1991
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Coordination Committee of WIPO repealed Staff Regulation 3.1 bis which safeguarded salaries against fluctuations in the exchange rate between the dollar and the Swiss franc. The Organization having offered a perfunctory defence, the Tribunal orders further submissions.
Reference(s)
Organization rules reference: WIPO STAFF REGULATION 3.1 BIS
Keywords:
further submissions; interlocutory order; organisation's duties; provision; repeal; staff regulations and rules; submissions;
Judgment 1082
70th Session, 1991
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"By virtue of their contractual relationship and the trust that therefore prevails between them, an organisation owes its employee a duty to declare its intention of dismissing him and to let him plead his case. The principle is asserted in Judgment 907 [...] under 4. Although the complainant presumably knew of the CIPEC's plight and the need for reform she was never told of the intention of dismissing her."
Reference(s)
ILOAT Judgment(s): 907
Keywords:
abolition of post; budgetary reasons; duty to inform; flaw; organisation's duties; right to reply; termination of employment;
Judgment 1080
70th Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainants object that the terminal entitlements Interpol granted them under the Staff Rules and Regulations were "paltry". "Even if there are rules the Tribunal may still check that the organisation has kept to the general principles that govern the international civil service, one of them being its duty to treat its staff considerately. As has been said before, an organisation must act from reasonable motives and not cause its staff unnecessary or undue prejudice."
Keywords:
enforcement; international civil service principles; judicial review; organisation's duties; staff regulations and rules; terminal entitlements;
Judgment 1074
70th Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Following a period on unpaid leave for personal reasons, the complainant could not be reinstated under Article 40(3)(d), which entitles him to reinstatement under certain conditions. He alleges breach of the terms of appointment by Eurocontrol. The Tribunal observes that "he is unable to point to any one vacant post corresponding to his grade, category and service in which the organisation have failed to reinstate him. Still less is he able to point to such a series of failures to reinstate him as might raise the presumption of a decision by the organisation never to reinstate him at all".
Reference(s)
Organization rules reference: ARTICLE 40 OF THE GENERAL CONDITIONS OF EMPLOYMENT GOVERNING SERVANTS AT THE EUROCONTROL MAASTRICHT CENTRE
Keywords:
compassionate leave; organisation's duties; reinstatement; right; special leave; unpaid leave;
Judgment 1067
70th Session, 1991
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7-8, Summary
Extract:
The complainant, who holds grade P.3, challenges the Organization's refusal to regrade his post to P.4. The fact that his chief failed to complete a questionnaire about changes in his duties does not, as he alleges, constitute a flaw such as to vitiate the reclassification procedure. Nor does the administration's refusal to disclose the Classification Unit's findings amount to a denial of due process.
Keywords:
disclosure of evidence; due process; organisation's duties; post classification; procedural flaw; procedure before the tribunal; report;
Judgment 1062
70th Session, 1991
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Article 38(3) of the EPO Service Regulations says that the General Advisory Committee, a joint body comprising staff and management representatives, shall be responsible for giving a "reasoned opinion" - except in cases of obvious urgency - on any proposal which concerns the whole or part of the staff. The aim of the provision is to encourage proper consultation between the two sides and that means giving the Committee enough information. At issue is the decision to raise from 1 January 1988 the staff's contributions to the organisation's collective insurance against the risks of death and invalidity. But the Committee did not have the information on which to base "a reasoned opinion" until its meeting of 24 and 25 November. The Tribunal will therefore quash the EPO's decision to increase his contributions for the period from 1 January to 25 November 1988.
Reference(s)
Organization rules reference: ARTICLE 38.3 OF THE EPO SERVICE REGULATIONS
Keywords:
advisory body; advisory opinion; consultation; contributions; increase; insurance; organisation's duties;
Judgment 1052
69th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant objects to the non-renewal of his appointment after probation. He alleges breach of his right to a hearing. "The plea is unsound because there was no element of disciplinary sanction in the decision. What the administration did was to make an assessment of the complainant's performance and it was under no duty to enter into any dialogue with him on the subject."
Keywords:
contract; fixed-term; non-renewal of contract; organisation's duties; probationary period; right to reply; termination of employment;
Judgment 1050
69th Session, 1990
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7, Summary
Extract:
The complainant objects to the decision to transfer him. He takes the organization to task for failing to provide him with a description of his new post. As his new duties were similar to ones he held earlier, he must already have known what they were in the main.
Keywords:
organisation's duties; post description; transfer;
Consideration 5
Extract:
"But Regulation 4.2 provides that the purpose of transfer is to secure 'the highest standards of efficiency, competence and integrity'. In acting in pursuance of that purpose the Director-General is not precluded from transferring a staff member provided that his intention is, as Regulation 1.1 requires, to serve the organization's interests and that the staff member's own abilities and interests are not overlooked. Where the Director-General believes that the organization's interests must prevail he will act accordingly and the staff member will ordinarily have to fall in line unless he prefers resignation."
Reference(s)
Organization rules reference: UNESCO STAFF REGULATIONS 1.1 AND 4.2
Keywords:
discretion; organisation's duties; organisation's interest; purpose; staff member's duties; staff member's interest; transfer;
Judgment 1046
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was transferred on 1 February 1988. On 5 February he got notice that his contract would not be renewed because of an unsatisfactory report concerning his new assignment. The Tribunal holds that "it was incumbent on the [organization] to give him a fair trial in the job, and [...] to ask after the lapse of only four days for an immediate replacement was to act with undue haste."
Keywords:
contract; fixed-term; non-renewal of contract; organisation's duties; reasonable time; time limit; unsatisfactory service; work appraisal;
Judgment 1040
69th Session, 1990
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Precedent is clear: even when someone has just a temporary appointment a decision not to renew it must be taken when the contract period is expiring; the administration's decision not to renew must be notified to the employee within the prescribed time limit; and if due notice is not given there will be implied renewal for a further period." The complainant got notice four days too late and the Tribunal held that the extension of his contract by five days to make up the required period of notice had no effect.
Keywords:
compensatory measure; consequence; contract; effect; extension of contract; non-renewal of contract; notice; omission; organisation's duties; short-term;
Judgment 1038
69th Session, 1990
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant, who is challenging the non-renewal of his contract, is concerned that the Director-General's decision may have been prompted by unsubstantiated charges. He alleges breach of his right to a hearing. "The plea is unsound because there was no element of disciplinary sanction in that decision [...] The Director-General made a value judgement which did not require entering into a dialogue with him. There is no reason to hold that the Director-General was not genuine in his evaluation of the complainant's suitability for the post of administrator or that his decision was based on any mistake of fact."
Keywords:
contract; fixed-term; non-renewal of contract; organisation's duties; right to reply;
Judgment 1020
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"Since the Tribunal may not review the policy decision to move to Lyon the only effect it can give to the doctrine of acquired rights as recognised by Interpol is to determine whether the arrangements for carrying out the move were properly objective. Since the transfer did disrupt the lives of its staff, the organization had a duty to ensure that there was no undue or pointless detriment to their interests. The consequences of the change which the transfer brought in the conditions of their employment are to be gauged against cardinal principles such as equality of treatment, good faith and the rule against retroactivity".
Keywords:
acquired right; amendment to the rules; equal treatment; general principle; good faith; judicial review; non-retroactivity; organisation's duties; terms of appointment; transfer of headquarters;
Consideration 2
Extract:
"Consultation does not require negotiation, let alone approval. The staff representatives merely state their opinion, and it is not binding on the administration." The Tribunal is satisfied that in the instant case the required consultations took place.
Keywords:
collective bargaining; consultation; difference; organisation's duties;
Judgment 1019
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
Vide Judgment 1020, consideration 13.
Reference(s)
ILOAT Judgment(s): 1020
Keywords:
acquired right; amendment to the rules; equal treatment; general principle; good faith; judicial review; non-retroactivity; organisation's duties; terms of appointment; transfer of headquarters;
Consideration 2
Extract:
Vide Judgment 1020, consideration 2.
Reference(s)
ILOAT Judgment(s): 1020
Keywords:
collective bargaining; consultation; difference; organisation's duties;
Judgment 999
68th Session, 1990
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
The complainant was accused of grave misconduct. An inquiry was held into the facts in the absence of the complainant. The Tribunal held that "whoever makes inquiries of the kind that were made in this case must be scrupulous in not taking evidence from one party without the other's knowledge. Whether or not the evidence did work to the complainant's prejudice is irrelevant. It is sufficient that it might have done so, and it is not the likelihood but the risk of prejudice that is fatal. There can be no certainty that justice will be done if evidence is taken in the absence of one of the parties. The proceedings in the appeal the complainant lodged against the decision [...] to dismiss him show a breach of due process".
(note: see Judgment 2601, under 7)
Reference(s)
ILOAT Judgment(s): 2601
Keywords:
flaw; inquiry; investigation; misconduct; organisation's duties; right to reply; termination of employment;
Judgment 996
68th Session, 1990
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The requirement in [Article R II 1.24 of] the [ESO] Staff Regulations that the staff member consent to transfer is in marked contrast to other international organisations, in which transfer is common and the executive head has discretion to transfer staff from one duty station to another whether they consent or not. The complainant is correct in his submission that there is no provision in the ESO's rules for dismissal on the grounds of refusal of transfer."
Reference(s)
Organization rules reference: ARTICLE R II 1.24 OF THE ESO STAFF REGULATIONS
Keywords:
duty station; enforcement; organisation's duties; refusal; reinstatement; staff regulations and rules; termination of employment; transfer;
Judgment 991
68th Session, 1990
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
To mark its tenth anniversary celebration the European Patent Organisation granted a bonus to each of "all active permanent employees in post on 1 October 1987". As the complainant was then on unpaid leave "on personal grounds" he did not qualify for the benefit. The Tribunal holds that while the organisation is free to award special bonuses and free to decide who will receive them, it must apply objective criteria when doing so and avoid all arbitrary distinctions. In the instant case the restriction was based on objective criteria founded on provisions in the Staff Regulations.
Keywords:
compassionate leave; consequence; judicial review; leave; organisation's duties; payment; salary; special leave;
Judgment 990
68th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Having put the scale of pensionable remuneration into its own Staff Regulations, the ILO has a duty to ensure the payment of the corresponding benefits. The sole purpose of pensionable remuneration is the reckoning of the pension, and if the pension discounts the scale in the Staff Regulations because the organisation has entrusted the matter to another body, the ILO must make good the loss to its staff, who are entitled to have the regulations applied. Any difference of opinion there may be between the ILO and the fund is of no concern to the staff."
Keywords:
compensation; enforcement; injury; organisation's duties; pension; pensionable remuneration; staff regulations and rules; unjspf;
Judgment 977
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9(D)(III)
Extract:
The complainant had for a time no clear job description, but that did not prevent him from being fully taken up with work that was already familiar to him. The Tribunal concludes that the complainant's objections on this point are unfounded.
Keywords:
organisation's duties; post description;
Judgment 975
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The President was not bound to endorse the Appeals Committee's opinion. Article 109(1) of the [EPO] Service Regulations says merely that 'the authority concerned shall take a decision having regard to this opinion'. The President's duty is to consider the opinion before reaching his decision, not to follow it."
Reference(s)
Organization rules reference: ARTICLE 109(1) OF THE EPO SERVICE REGULATIONS
Keywords:
binding character; decision; executive head; internal appeals body; organisation's duties; recommendation;
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