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 620
53rd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant suffers from angina pectoris; he did not receive regular medical examinations. The organization's breach of its duty deprived him of an opportunity to take precautions against an illness which has impaired his work capacity. The complainant is entitled to damages. "The award cannot be the full amount which would have been due had [the illness] been attributable beyond peradventure to the performance of official duties. But the FAO is liable in damages for injury the complainant may have suffered."
Keywords:
illness; injury; material damages; medical examination; organisation's duties; service-incurred;
Consideration 2
Extract:
The organization holds that the complainant need only to have asked for an examination to have had one. As a rule, every provision of the Regulations is intended to be put into effect, with the exception of those stated not to be binding. "There is no reason to suppose that the FAO was free to disregard [the provision on regular medical examinations]. In fact, in giving officials of the age of 55 or more a right to an examination every six months, the rule implies that the FAO is under a duty to have staff in other age groups examined."
Keywords:
illness; medical examination; organisation's duties; service-incurred;
Judgment 611
53rd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"Although [the applicable rule] states no restriction on Unesco's rights, that does not relieve the Organization of respect for the staff member's personal rights. First, as the Tribunal has held, where the Organization state the authorship of a publication, the principle of equal treatment requires them to name all of the authors. Secondly, they may not, where there are several authors, mislead as to the contribution each has made. They may not declare that someone has written the whole of a report when he has written only part of it."
Keywords:
organisation's duties; proprietary rights;
Consideration 9
Extract:
"The complainant is a man of parts and gave Unesco years of distinguished service. Unesco would have done well to treat him with greater consideration. Whatever attitude he may have taken on the termination of his appointment Unesco had no imperative reason to reject the offer of help he made them [...] Yet, though they were not as understanding as they might have been, they did not exceed their rights under the Staff Regulations and Staff Rules."
Keywords:
organisation's duties; respect for dignity;
Consideration 1
Extract:
"The complainant submits that Unesco have infringed his copyright. Though not expressly alleging non-observance of a provision of the Staff Regulations or Staff Rules or a clause of his contract, he is objecting to the Organization's treatment of him as a staff member on the grounds that they have not respected his status as such. The Tribunal is therefore competent to hear the case under Article II(5) of its Statute".
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; organisation's duties; proprietary rights;
Judgment 608
52nd Session, 1984
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
There is a regulation which provides for the Director-General to determine the frequency of salary adjustments on the basis of variation in the rate of inflation. The Director-General chose not to exercise his discretion. "He must have proceeded upon the erroneous assumption that he was under no obligation to make any adjustment at all and so could do what he liked about the frequency." The Tribunal quashes the decision, which rests on an error of law and remits the case to the Director-General for a "new decision based on the correct interpretation" of the regulation.
Keywords:
adjustment; cost-of-living increase; discretion; enforcement; interpretation; organisation's duties; provision; salary; staff regulations and rules;
Judgment 607
52nd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
A memorandum from the Director-General sets the conditions for renewal a fixed-term contract on the grounds of illness. "The memorandum is [...] material evidence, even though it is not part of the Staff Regulations, and the Tribunal will hold that Director-General overlooked essential facts if he refused renewal despite the complainant's fulfilling the conditions set in the memorandum."
Keywords:
administrative instruction; contract; disregard of essential fact; enforcement; extension of contract; organisation's duties; sick leave;
Judgment 574
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal observes that the defendant is under a duty to enable the court to render a complete decision on the dispute. If the party who is the defendant takes the view that the complaint should be rejected because it is clearly vexatious, he may apply to the Tribunal, before filing the reply, for permission to confine his arguments to that point. Otherwise he will incur the danger that the Tribunal declare the allegations of fact in the complaint to be established."
Keywords:
acceptance; condition; consequence; organisation's duties; reply confined to receivability; submissions; tribunal;
Judgment 566
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Following strike action, an administration decision led to a circular explaining that salary deductions would be calculated using a method different from that set out in the Service Regulations. "The executive head is not competent to adopt such rules [...] To accept the [organisation's] submissions would be to allow the imposition of a covert disciplinary sanction. The [...] staff exercised an acknowledged right and did not commit any misconduct." The deductions were calculated unlawfully and should be invalidated.
Reference(s)
Organization rules reference: ARTICLE 65 OF THE EPO SERVICE REGULATIONS
Keywords:
breach; deduction; hidden disciplinary measure; organisation's duties; provision; reckoning; right to strike; salary; staff regulations and rules; strike;
Judgment 553
50th Session, 1983
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Tribunal's judgments have the authority of res judicata. An [...] organisation [...] is therefore bound [...] first and foremost to take whatever action the judgment may require. That the judgment must be both respected and executed are thus principles which are beyond dispute, and they apply, in particular, where the organisation is ordered to pay a sum of money. The debtor's obligation to pay must as a rule be discharged immediately unless the judgment states that the sum shall be payable only at some later date."
Reference(s)
ILOAT Judgment(s): 463
Keywords:
execution of judgment; formal demand for payment; judgment of the tribunal; organisation's duties; res judicata; time limit;
Judgment 535
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1 and 3
Extract:
A staff rule stipulates that "the general method of filling vacancies is to hold a competition, and reassignment without promotion in the interest of the [organization] is an exception. [...] Whether a post should, in the interest of the Bureau, be filled without holding a competition is a matter of discretion".
Keywords:
competition; discretion; exception; organisation's duties; organisation's interest; transfer; vacancy;
Judgment 534
49th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Transfer, without change in his terms of employment to a new linguistic unit. "He will indeed never be a professional translator. Yet it was reasonable for the Director-General to expect him to be able to do worthwhile work in his new assignment. It was in the Director-General's discretion to make the transfer, and the decision was neither detrimental to the complainant's dignity nor in breach of his rights under the terms of his appointment."
Keywords:
assignment; discretion; organisation's duties; transfer;
Judgment 509
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"According to the Staff Regulations the certificate of service should relate, if the staff member so requests, to his competence, efficiency and official conduct. [...] The certificate of 28 January 1980 refers merely to reports which prospective employers may consult provided the complainant so agrees. This expedient does not comply with the actual wording of the article. Nor can prospective employers be referred to annual reports on performance. The certificate of service should be a text which is complete in itself."
Keywords:
certificate of service; formal requirements; organisation's duties;
Judgment 507
48th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The relief sought by the complainants is an order or declaration that the organisation is liable to contribute to the [social security] scheme in respect of the [gratifications] paid to the complainants. It is unusual for the Tribunal to give relief in this form, especially where third parties such as the [national] authorities are involved. The normal method of relief would be an order against the organisation that it should compensate the complainants for the loss they have sustained." [here: the difference between contributions from the organisation and contributions from the complainants]
Keywords:
competence of tribunal; contributions; injury; insurance; organisation's duties;
Consideration 9
Extract:
The Regulations provide for the organisation to contribute "to a national social security system" in respect of its employees. The organisation claims that national law is not binding upon it and that it can adopt what parts of the scheme it chooses. This is mistaken. Having voluntarily decided to contribute to the scheme and to require its employees to do likewise, the organisation has put itself under the contractual obligation to the complainants to comply fully with the scheme."
Keywords:
contract; domestic law; enforcement; insurance; organisation's duties;
Judgment 496
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 34
Extract:
Within the limits determined by the organization's interests, "the Director has the widest discretion in determining the extent of the facilities which the organization offers to the staff association and in making from time to time such changes in them as he thinks to be desirable. Changes do not have to be negotiated and agreed [...]. [The Director] may not, as is the rule in all his decisions, act without taking all the relevant facts into consideration and he can hardly do that without ascertaining the views of the staff association. But after these have been considered, the decision is for him alone."
Keywords:
abuse of power; amendment to the rules; consultation; facilities; misuse of authority; organisation's duties; staff union;
Judgment 491
48th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The Staff Regulations stipulate that a contract "may not be altered by implied or even oral agreement. The organisation may be wrong to require an official - who wishes after all to keep his employment - to provide services not stipulated in his contract. But this is not the case here."
Keywords:
amendment to the rules; contract; formal requirements; organisation's duties; terms of appointment;
Judgment 490
48th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 491, consideration 5.
Reference(s)
ILOAT Judgment(s): 491
Keywords:
amendment to the rules; contract; formal requirements; organisation's duties; terms of appointment;
Judgment 470
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant seeks reinstatement for two years. PAHO Staff Rule 1050.2 requires the Director "to take steps to try to keep on the staff someone whose post has been abolished. Such steps are not called for in this case. By his own account the complainant would have received a retirement pension a year and a half after leaving the organization. [...] There are therefore no grounds for now ordering his reinstatement."
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
Keywords:
abolition of post; organisation's duties; reassignment; retirement;
Consideration 6
Extract:
The organization offered the complainant a post at a lower grade and salary in a different office; it offered to circulate his curriculum vitae to the field offices; it took his candidacy into account when filling vacancies. These measures failed to meet the requirements of the applicable staff rules, which require the organization "not just to offer the complainant any available employment [...] but to give him priority on certain conditions."
Reference(s)
Organization rules reference: ARTICLE 1050 OF THE PAHO STAFF RULES
Keywords:
abolition of post; organisation's duties; priority; reassignment;
Consideration 3(C)
Extract:
PAHO Staff Rule 1050.2 establishes the conditions and consequences of abolishing posts. "There is no sound reason to apply [the rule] in favour only of officials whose post is abolished during an appointment to the exclusion of those whose post is abolished at the end of the appointment. It is true that in general the former fare worse than the latter. The difference between the two is not, however, such as to warrant any difference in treatment."
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
Keywords:
abolition of post; contract; equal treatment; fixed-term; non-renewal of contract; organisation's duties; termination of employment;
Judgment 469
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Staff Rules provide both for automatic termination of contract and advance notice. The Tribunal has consistently found that a decision not to re-appoint is required, as well as notice before the prescribed date. "To interpret the rule as terminating the appointment automatically on the expiry date whether or not a notification was given would not only do violence to the text by rendering the provision for notification otiose, but would also be unreasonable and unfair [...]."
Keywords:
case law; contract; date; fixed-term; interpretation; non-renewal of contract; notice; organisation's duties; provision; staff regulations and rules;
Consideration 5
Extract:
If an advance notice was necessary it was given out of time and thus the appointment was not terminated. If it was not necessary, the appointment terminated automatically. "Presumably, it must be the view of the organization that the failure to give notice in time does prevent the automatic termination, but preserves the right of the organization to give a month's notice at any time thereafter, irrespective of whether the circumstances are normal or abnormal. The Tribunal cannot adopt this construction of the rule."
Keywords:
consequence; contract; date; extension of contract; fixed-term; non-renewal of contract; notice; organisation's duties;
Judgment 452
46th Session, 1981
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In the exercise of the option [whether or not to grant non-local status] the organization is free to have regard to all relevant considerations, general or particular. It is not required to follow a general policy if particular circumstances justify a distinction; it may discriminate so long as the discrimination is not arbitrary."
Keywords:
equal treatment; local status; non-local status; organisation's duties;
Judgment 450
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Even if there were a breach of the Staff Rules the [transfer decision the complainant impugns] would be set aside only if the breach was such as to cause the complainant prejudice, for example by preventing the regular appraisal of her performance.
Keywords:
lack of injury; organisation's duties; post description; transfer;
Judgment 447
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
There was no violation of the statutory provisions if they prescribe no date by which a post description must be communicated, if the official was apprised of her duties before taking them up and if it was possible for her to obtain the said description.
Keywords:
duty to inform; organisation's duties; post description;
Consideration 4
Extract:
Under the Staff Rules the Director, in making a transfer decision, should take account of an official's own interests, provided they are not at variance with the organization's wider interests. Before transferring the complainant against her wishes, the Director ought to have made sure that there was no other staff member fit and willing to take up the material post; he should if necessary have held a competition. In view of her age, seniority and outstanding work record, the complainant was entitled to better treatment.
Keywords:
organisation's duties; organisation's interest; staff member's interest; transfer;
Judgment 425
45th Session, 1980
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4 and 6
Extract:
The Tribunal decides that the complainants are entitled to be graded at the higher grade provided for in a post description and which reflects their actual duties. These descriptions, which are provisional, are binding on the organisation until amended. The organisation may review the post descriptions and return the complainants to their present grade. "Such a decision would not impair their acquired rights since they are not entitled to preserve the position arising under this judgment."
Keywords:
acquired right; amendment to the rules; grade; organisation's duties; post classification; post description;
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