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 844
63rd Session, 1987
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 26
Extract:
"The failure of the complainant to find another position within the Agency cannot form the basis of a claim since Staff Rule 3.03.2[d] provides that a fixed-term appointment does not carry any expectation of renewal or of conversion to any other type of appointment. There is nothing to substantiate his allegation that his attempts to find other employment within the Agency were thwarted by the head of his section."
Reference(s)
Organization rules reference: ARTICLE 3.03.2 OF THE IAEA STAFF RULES
Keywords:
contract; fixed-term; non-renewal of contract; organisation's duties; reassignment;
Consideration 23
Extract:
"In recruiting an employee who would be expected to acquire skills which were not necessarily an extension of skills he already possessed but required a different discipline altogether, the Agency should have made it quite clear to the applicant exactly what was involved so that he could judge whether or not he possessed the ability to acquire, retain and apply the new skills and knowledge."
Keywords:
assignment; difference; duty to inform; organisation's duties; post description;
Consideration 27
Extract:
"In reaching his decision of 11 February 1987 the Director-General failed to take an essential fact into consideration, namely the degree of the Agency's own responsibility for the lack of information supplied initially to the complainant. While the paramount consideration in making or renewing appointments is to secure employees of the highest standard, it is not the only one. The principle of good faith requires that employees be treated with due regard for their rights. If the Director-General had considered the application in the light of the organisation's own responsibility for the complainant's difficulties when his contract was not renewed, he might have reached a different decision."
Keywords:
contract; disregard of essential fact; duty to inform; fixed-term; general principle; good faith; non-renewal of contract; organisation's duties; post description;
Judgment 842
63rd Session, 1987
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The organisation's "patent attorney may have made use of the papers but that is immaterial to the issue in dispute between it and the complainant. The fact remains that he retained the patent attorney on his own initiative and in his own interest, and without any authorisation from the ESO. That being so, the ESO is not under any legal obligation to reimburse to the complainant the amount of fees he contracted to pay the patent attorney."
Reference(s)
ILOAT Judgment(s): 780, 840, 841
Keywords:
complainant; counsel; organisation's duties; proprietary rights; refund; request by a party;
Judgment 841
63rd Session, 1987
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The rules do not require the ESO to provide the complainant with a performance assessment on the termination of his employment either in the form he seeks or in any other. The ESO is therefore not in breach of any term of the complainant's contract of employment in failing to provide him with a performance assessment. Further, as an international organisation it is not bound by the requirements placed on employers by the laws and usage of the Federal Republic."
Reference(s)
ILOAT Judgment(s): 780, 840, 842
Keywords:
certificate of service; domestic law; formal requirements; no provision; organisation's duties; practice; work appraisal;
Judgment 832
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
While rejecting the complainants' plea of breach of acquired rights regarding their pensions, the Tribunal holds that "they may ask the ILO to accept restraint in its dealings with staff. An international organisation should refrain from any measure which is not warranted by its normal functioning or the need for competent staff. It is bound by the general principles of law such as equality, good faith and non-retroactivity. It will act from reasonable motives and avoid causing unnecessary or undue injury."
Keywords:
acquired right; decision; grounds; international civil service principles; organisation's duties; pension;
Judgment 810
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"What good faith requires is that when someone is transferred he should be given proper notice, and not just of a vague intention, but of the nature of the post he is to get and of the duty station." The complainant did not accept the transfer and was dismissed. The decision is quashed and the Tribunal orders the restoration of the complainant's status as an official.
Keywords:
duty station; duty to inform; good faith; notice; organisation's duties; post description; reconstruction of career; refusal; termination of employment; transfer;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"[The] posts and the grade they carried were such that the decision was tantamount to a sanction. An organisation is bound to show due regard to the dignity and good name of its staff".
Keywords:
assignment; downgrading; grade; hidden disciplinary measure; moral injury; organisation's duties; post; professional injury; respect for dignity; transfer;
Considerations 17 and 20
Extract:
The complainant "was made to take special leave at full pay. The material provision is [Unesco Staff] Rule 105.2(b): 'in exceptional circumstances staff members may be required to take special leave with pay, this measure being without prejudice to the rights of the staff member'. [...] The organization is not saying that no suitable post was vacant at the time the impugned decision was taken [...] nor does it maintain that it made the efforts it could have made to find a solution. All it does say is that the complainant never applied at the time for a single post. [...] On the broader issue, if the organization's intent was that the decision should be some sort of disciplinary sanction, then it would have perverted Rule 105.2(b)".
Reference(s)
Organization rules reference: UNESCO STAFF RULE 105.2(B)
Keywords:
assignment; disciplinary measure; exception; hidden disciplinary measure; organisation's duties; special leave; staff member's duties; staff regulations and rules;
Consideration 16
Extract:
"The Director-General omitted to consult the Executive Board of Unesco before taking his decision, though Article 54 of the Board's Rules of procedure reads: 'The Director-General shall consult the members of the Executive Board with regard to the appointment or renewal of a contract of officials at D.1 and above whose posts come under the regular budget of the organization.'" The decision to appoint the complainant to an unclassified post is therefore tainted with a fatal flaw.
Reference(s)
Organization rules reference: ARTICLE 54 OF THE RULES OF PROCEDURE OF THE EXECUTIVE BOARD OF UNESCO
Keywords:
appointment; assignment; breach; consultation; executive body; executive head; extension of contract; flaw; organisation's duties; professional category; written rule;
Consideration 19
Extract:
In order to justify the imposition of special leave, it "must be shown [...] that use was not made of the special leave for any purpose extraneous to the Organization's interests and that the arrangement was a reasonable though not necessarily the only reasonable way out of the dilemma."
Keywords:
condition; organisation's duties; organisation's interest; purpose; special leave;
Judgment 808
61st Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
The complainant objects to her transfer from a G.7 post she held in the document services branch to the post of assistant cashier at the same grade because the new post did not suit her qualifications. The Tribunal holds that "the transfer did not cause the complainant any drop in grade, so that her basic rights under the Staff Regulations are unimpaired. The only question possibly at issue is whether her new post comprises duties and responsibilities that warrant G.7 and, as the organisation has explained, there is no question but that it does since the duties of assistant cashier have always carried that grade."
Keywords:
grade; organisation's duties; transfer;
Judgment 805
61st Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"It is beyond question that like any national civil service an international organisation has the right and indeed the duty, when its staff goes on strike, to take action to ensure its survival and the continuance of its work."
Keywords:
continuance of operations; organisation's duties; right to strike; strike;
Judgment 751
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"It is [...] immaterial that the Committee did not comment on the figures in the new salary scales. [...] In this instance what 'concerns the whole or part of the staff' is the rules for calculating the salaries of staff categories, not the actual amounts individual staff members will be paid".
Keywords:
advisory body; advisory opinion; amendment to the rules; consultation; enforcement; organisation's duties; provision; reckoning; salary; scale; staff regulations and rules;
Judgment 739
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
In this case, the Office took the view that the Council's new guidelines on how professional experience should count in the reckoning of seniority did not apply to the complainant. "The EPO was therefore under no duty to inform the complainant of the guidelines or to explain to him how his own position differed from that of staff members to whom the guidelines applied."
Keywords:
administrative instruction; amendment to the rules; decision; duty to inform; executive body; organisation's duties; professional experience; provision; reckoning; seniority;
Judgment 730
58th Session, 1986
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"In the present case the Tribunal, having found that in all the circumstances the complainant exercised due diligence in the pursuit of his remedies and consequently that his failure to file a complaint within the prescribed period was caused solely by the organization's breach of obligation to render the necessary assistance, concludes that the delay does not render the complaint irreceivable."
Keywords:
administrative delay; complaint; exception; negligence; organisation; organisation's duties; procedure before the tribunal; receivability of the complaint; time bar;
Considerations 7-8
Extract:
"The questions of law are: 1) whether there was any obligation on the organization to assist the complainant in the prosecution of his appeal; 2) if so, whether there was a breach of that obligation. [...] The Tribunal holds that in the circumstances of this case there was an obligation forming part of the general duty which an employer owes to an employee. In many cases, for example, in a large office where there is a staff association given facilities by the organisation, the administration can properly feel that it need do nothing more. But in a small office remote from headquarters it is different."
Keywords:
complaint; duty to inform; organisation's duties; procedure before the tribunal;
Judgment 729
58th Session, 1986
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The principle of equality, which is binding on an international organisation even if it is not stated in the rules, requires that when a vacancy occurs all members of the staff should have the same opportunity of securing it. The organization is not of course bound to ensure that the notice of a vacancy should actually reach everyone. Its duty goes no further than to issue the notice by some suitable means and with suitable promptness."
Keywords:
competition; duty to inform; equal treatment; organisation's duties; vacancy; vacancy notice;
Judgment 721
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The defendant has the duty to enable the court to give a full ruling on the case before it. [...] The EPO was bound to address properly the issues of fact and of law raised by the complainant. Since it has not the Tribunal will accept the complainant's allegations of fact".
Keywords:
consequence; organisation; organisation's duties; reply; submissions;
Judgment 706
57th Session, 1985
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Tribunal's judgments have the authority of res judicata. An international organisation which has recognised the Tribunal's jurisdiction is therefore bound not merely to refrain from acting in disregard of a judgment, but first and foremost to take whatever action the judgment may require. The judgment must be both respected and executed."
Keywords:
consequence; execution of judgment; judgment of the tribunal; organisation's duties; res judicata;
Judgment 703
57th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Though a seconded official holds a fixed-term appointment his position is out of the ordinary. He cannot expect his contract to last more than two years unless the organisations decide differently. But on leaving the receiving organisation he goes back to the releasing one [...] It is therefore only reasonable that either organisation should have the right to end the secondment if it so wishes on the expiry of the prescribed period without having to explain its decision."
Keywords:
consequence; contract; discretion; duty to substantiate decision; fixed-term; non-renewal of contract; organisation's duties; reinstatement; secondment;
Consideration 9
Extract:
"The holder of a fixed-term appointment is entitled to know the date of separation early enough to enable him to arrange things."
Keywords:
contract; fixed-term; non-renewal of contract; notice; organisation's duties; reasonable time; secondment; time limit;
Judgment 655
55th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The claim "is for performance by the ilo of its obligations under the Staff Regulations and under the rules of equity and natural justice. The formulation of such obligations is too vague and general for their performance to be subject to judicial review. The claim is irreceivable."
Keywords:
organisation's duties; receivability of the complaint; vague claim;
Judgment 654
55th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 655, consideration 7.
Reference(s)
ILOAT Judgment(s): 655
Keywords:
organisation's duties; receivability of the complaint; vague claim;
Judgment 649
55th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The claims in question "amount to a demand that the ILO stop acting in breach of its obligations under the Staff Regulations. The formulation of the obligations is so vague and general that their performance cannot be subject to judicial review. The claims are irreceivable."
Keywords:
organisation's duties; receivability of the complaint; vague claim;
Judgment 631
54th Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 28
Extract:
The complainant retains his P.6 grade on a personal basis, but is transferred, without reasons having been given, to a P.5 post. The Tribunal regards this as downgrading of function. "There is [...] much to be said for the argument that, whether or not there is a specific provision in the Staff Rules, as a matter of contractual obligation the administration ought not to take a decision injuriously affecting a staff member's career without first, as a matter of natural justice, giving him the reasons for the decision and getting his response."
Keywords:
downgrading; duty to substantiate decision; grade; organisation's duties; post; professional injury; transfer;
Judgment 630
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
All staff members should hold a post and perform the duties pertaining thereto. This "principle will not in practice have the effect of impairing the legitimate authority of the head of branch. Work requirements will determine how staff are to be assigned, and the result may be that a staff member has some of his duties taken away from him or is set to work that does not quite match his inclinations or even his talents. The supervisor is also entitled to propose that a staff member be moved [...] but so long as the staff member remains in a particular branch the head must see to it that he is given real work."
Keywords:
assignment; official; organisation's duties; organisation's interest; post; qualifications; refusal to assign work; request by a party; right; staff member's duties; supervisor; transfer;
Consideration 9
Extract:
"The manner in which [the complainant] was deprived of her duties was sudden and discourteous. Her position has remained unaltered for some years. And not only did her supervisor fail in his responsibility towards her; the ILO, too, since she had committed no misconduct, ought to have done its utmost to find proper duties and responsibilities for her."
Keywords:
liability; organisation's duties; refusal to assign work; supervisor;
Consideration 10
Extract:
The complainant was inconsiderately left idle. The organisation ought to have done its utmost to set the situation right. "The Tribunal holds that the ilo caused serious injury to the complainant's feelings and reputation and was in breach of its obligations. It shall pay her compensation for moral injury. Inasmuch as it finds the ILO at fault the present judgment itself affords a remedy, but she is also entitled to damages for the serious prejudice she has suffered [...]."
Keywords:
allowance; breach; compensation; misconduct; moral injury; organisation; organisation's duties; professional injury; refusal to assign work;
Consideration 7
Extract:
The complainant was not given any work. The organisation refers to her frequent absences on sick leave. "If the complainant was ill the ILO was under a duty to grant her rights under the Staff Regulations."
Keywords:
applicable law; illness; organisation's duties; refusal to assign work; sick leave; staff regulations and rules;
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