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 3652

  
  122nd Session, 2016
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns two appointment decisions by the Director-General.

  Consideration 7

  Extract:

  The Tribunal’s case law has it that a staff appointment by an international organisation is a decision that lies within the discretion of its executive head. Such a decision is subject to only limited review and may be set aside only if it was taken without authority or in breach of a rule of form or of procedure, or if it was based on a mistake of fact or of law, or if some material fact was overlooked, or if there was abuse of authority, or if a clearly wrong conclusion was drawn from the evidence (see Judgment 3537, under 10). Nevertheless, anyone who applies for a post to be filled by some process of selection is entitled to have her or his application considered in good faith and in keeping with the basic rules of fair and open competition. That is a right which every applicant must enjoy, whatever her or his hope of success may be (see, inter alia, Judgment 2163, under 1, and the case law cited therein, and Judgment 3209, under 11). It was also stated that an organisation must abide by the rules on selection and, when the process proves to be flawed, the Tribunal can quash any resulting appointment, albeit on the understanding that the organisation must ensure that the successful candidate is shielded from any injury which may result from the cancellation of her or his appointment, which she or he accepted in good faith (see, for example, Judgment 3130, under 10 and 11).

  Reference(s)

  ILOAT Judgment(s): 2163, 3130, 3209, 3537
  

  Keywords:

  appointment; competition; organisation's duties; selection procedure;
  

  
  
  

• Judgment 3650

  
  122nd Session, 2016
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the refusal to pay her interest on reimbursement of medical costs.

  Consideration 7

  Extract:

  [T]he breach of a duty to consider and process a claim within a reasonable period would not be founded on an implied right to interest but rather, arguably, should be regarded as damages for the breach of the duty. However, those damages may well prove to be an amount equal to the interest payable on the amounts involved.

  Keywords:

  interest on damages; organisation's duties;
  

  
  
  

• Judgment 3640

  
  122nd Session, 2016
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the disciplinary measure of his summary dismissal in the wake of a sexual harassment complaint filed against him by one of his colleagues.

  Consideration 5

  Extract:

  The sole purpose of the preliminary assessment of such a complaint is to determine whether there are grounds for opening an investigation. Item 18.2, paragraph 37, of the Human Resources Manual, on the anti-harassment policy, states that in order to justify the opening of an investigation, it is sufficient for the Ethics Adviser to find “that there are reasons to believe that the complaint is founded”. All that is therefore required at this stage is a prima facie finding that the complaint is genuine, since it is in the course of the investigation itself, if opened, that the comprehensive search for evidence must be made.

  Keywords:

  inquiry; investigation; organisation's duties;
  

  
  
  

• Judgment 3613

  
  121st Session, 2016
  Global Fund to Fight AIDS, Tuberculosis and Malaria
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to terminate his employment for alleged unsatisfactory performance, the Global Fund’s refusal to retract a News Release published on the date of the termination of his employment, and the decision to maintain the News Release on the Fund’s website and its refusal to award compensation for excessive publication, defamation and continued breach of privacy.

  Consideration 46

  Extract:

  It is well established in the Tribunal’s case law that “international organisations are bound to refrain from any type of conduct that may harm the dignity or reputation of their staff members” (Judgment 2861, under 91; see also Judgments 396, 1875, 2371, 2475 and 2720).

  Reference(s)

  ILOAT Judgment(s): 396, 1875, 2371, 2475, 2720
  

  Keywords:

  duty of care; organisation's duties; respect for dignity;
  

  
  
  

• Judgment 3579

  
  121st Session, 2016
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant complains of a breach of his “procedural rights” before the Appeals Board, the discontinuation of two elements of his mobility allowance and harassment.

  Consideration 4

  Extract:

  [T]he Tribunal finds that, by failing to convene a hearing within the prescribed two-month time limit, the Organization unlawfully disregarded the provisions of paragraph 14 of the Statutes of the Appeals Board, thereby breaching the principle of tu patere legem quam ipse fecisti, which requires every authority to abide by the rules which it has itself established (see, for example, Judgment 3357, under 20).

  Reference(s)

  ILOAT Judgment(s): 3357
  

  Keywords:

  organisation's duties; patere legem;
  

  
  
  

• Judgment 3437

  
  119th Session, 2015
  Technical Centre for Agricultural and Rural Cooperation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant successfully impugns the decision to terminate his contract following the CTA restructuring.

  Consideration 5

  Extract:

  Precedent has it that international organisations may undertake restructuring entailing the redefinition of posts and staff reductions in order to achieve greater efficiency or budgetary savings (see, for example, Judgments 2156, under 8, or 2510, under 10). However, each and every individual decision adopted in the context of such restructuring must respect all the applicable legal rules and in particular the fundamental rights of the staff concerned (see, for example, Judgments 1614, under 3, 2907, under 13, or 3169, under 7).

  Reference(s)

  ILOAT Judgment(s): 1614, 2156, 2510, 2907, 3169
  

  Keywords:

  organisation's duties; reorganisation;
  

  
  
  

• Judgment 3424

  
  119th Session, 2015
  Global Fund to Fight AIDS, Tuberculosis and Malaria
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal found that the impugned implied decision was flawed.

  Consideration 8(b)

  Extract:

  "It is true that the two successive appeals thus lodged by the complainant were not submitted to the authorities competent to hear them. But consistent precedent has it that, although rules of procedure should ordinarily be strictly complied with, they must not set traps for staff members who are defending their rights and therefore they must not be construed with too much formalism. Consequently, an appeal submitted to the wrong authority is not irreceivable on that account and it is for that authority, in such circumstances, to forward it to the one which is competent, within the organisation, to hear it (see, for example, Judgments 1832, under 6, 2882, under 6, or 3027, under 7)."

  Reference(s)

  ILOAT Judgment(s): 1832, 2882, 3027
  

  Keywords:

  internal appeal; organisation's duties;
  

  Consideration 8(a)

  Extract:

  "According to the Tribunal’s case law, for a letter, or an e-mail, addressed to an organisation to constitute an appeal, it is sufficient that the person concerned clearly expresses therein his or her intention to challenge the decision adversely affecting him or her and that the request thus formulated can be granted in some meaningful way (see Judgments 461, under 3, 1172, under 7, 2572, under 9, and 3067, under 16)."

  Reference(s)

  ILOAT Judgment(s): 461, 1172, 3067
  

  Keywords:

  internal appeal; organisation's duties;
  

  
  
  

• Judgment 3394

  
  119th Session, 2015
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal considered that, by taking it upon itself to interpret Judgment 3119, WIPO breached its duty to execute that judgment fully and correctly.

  Judgment keywords

  Reference(s)

  ILOAT Judgment(s): 3119
  

  Keywords:

  application for execution; case sent back to organisation; complaint allowed; execution of judgment; organisation's duties; res judicata;
  

  
  
  

• Judgment 3392

  
  118th Session, 2014
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal summarily dismissed the applications for interpretation and for review.

  Consideration 7

  Extract:

  "The reference in the decision to the shielding of the successful candidate is not ambiguous; the Tribunal deliberately left it to the discretion of WHO as to how it should protect the candidate who had accepted the appointment in good faith. Moreover, the Tribunal notes that the complainant requests clarification of a part of the decision (i.e. the shielding of the successful candidate) that does not affect him directly. The Tribunal therefore sees no reason to interpret the judgment."

  Keywords:

  application for interpretation; organisation's duties;
  

  
  
  

• Judgment 3337

  
  118th Session, 2014
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: Considering that his harassment complaint has not been treated within a reasonable time, the complainant asks the Tribunal to sanction the Organisation for breach of its duty of care.

  Considerations 11-12

  Extract:

  "The Tribunal has consistently stressed the serious nature of allegations of harassment in the workplace and the need for international organisations to investigate such allegations promptly and thoroughly. This is a function of the organisation’s duty of care to its staff members to uphold their dignity. [...] It is in relation to this obligation that the Tribunal, in Judgment 3069, under 12, for example, stated that international organisations have to ensure that an internal body that is charged with investigating and reporting on claims of harassment is properly functioning."

  Reference(s)

  ILOAT Judgment(s): 3069
  

  Keywords:

  disciplinary procedure; evidence; harassment; inquiry; investigation; organisation's duties;
  

  
  
  

• Judgment 3314

  
  117th Session, 2014
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant requests compensation for the injury arising from inaction and delay by the Administration in pursuing her harassment complaint.

  Consideration 14

  Extract:

  The Tribunal’s case law requires an international organization to investigate allegations of harassment linked to the workplace thoroughly, in accordance with due process and the protection of the person accused. The investigation should be prompt and thorough; the facts determined objectively and in their overall context; the law is to be applied correctly and the person claiming, in good faith, to have been harassed, should not be stigmatised or victimized on that account. (See, for example, Judgment 2973, under 16.) An international organization is also required to ensure that its investigative and internal appeal bodies for this purpose are functioning properly. (See, for example, Judgment 3069, under 12.)

  Reference(s)

  ILOAT Judgment(s): 2973, 3069
  

  Keywords:

  harassment; inquiry; investigation; organisation's duties;
  

  
  
  

• Judgment 3302

  
  116th Session, 2014
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complaints were dismissed for non-exhaustion of internal remedies under Article 7 of the Tribunal’s Rules.

  Judgment keywords

  Reference(s)

  ILOAT reference: Article VII, paragraphs 1 and 3, of the Statute
  ILOAT Judgment(s): 2780, 2811, 2939
  

  Keywords:

  complaint dismissed; decision; delay; duty of care; iloat statute; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; staff member's duties;
  

  
  
  

• Judgment 3295

  
  116th Session, 2014
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complaint concerning a disciplinary measure was dismissed by the Tribunal on the grounds that he had not demonstrated the existence of an error warranting the cancellation of the sanction.

  Consideration 7

  Extract:

  "It is true that an organisation should investigate allegations of misconduct in a timely manner both in the interests of the person being investigated and the organisation. These interests include, among other things, safeguarding the reputations of both parties and ensuring that evidence is not lost."

  Keywords:

  consequence; delay; duty of care; evidence; inquiry; investigation; misconduct; organisation's duties;
  

  Consideration 11

  Extract:

  "The complainant also takes the position that PAHO failed to give him a warning or the opportunity to correct the situation prior to bringing disciplinary action. In Judgment 1661, under 3, the Tribunal framed an organisation’s obligations in the following terms: “Before an organisation imposes a disciplinary penalty such as dismissal it must warn the staff member and give him the opportunity not only of stating his own case but also of refuting the organisation’s: in other words, there must be due process. So he must be told of the charges and of the evidence against him. If the proceedings are to be properly adversarial, he must be free to give his own version of the facts, refute that evidence, adduce his own, take part in the discussion of it, and at least once crossquestion the expert and other witnesses. See, for example, Judgments 512 […] under 5; 907 […] under 4; 999 […] under 5; 1082 […] under 18; 1133 […] under 7; 1212 […] under 3; 1228 […] under 4; 1251 […] under 8; 1384 […] under 5, 10 and 15; 1395 […] under 6; 1484 […] under 7 and 8.”"

  Reference(s)

  ILOAT Judgment(s): 512, 907, 999, 1082, 1133, 1212, 1228, 1251, 1384, 1395, 1484, 1661
  

  Keywords:

  case law; disciplinary measure; disciplinary procedure; due process; inquiry; investigation; misconduct; organisation's duties; right to reply; summary dismissal; termination of employment;
  

  
  
  

• Judgment 3290

  
  116th Session, 2014
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: Following the abolition of the complainant's post for lack of financial resources, the reassignment process was organized but was ultimately unsuccessful in finding the complainant another post.

  Consideration 30

  Extract:

  "[W]ith respect to the reassignment process itself, as part of its obligation to make reasonable efforts to find a suitable post for the complainant, [the organisation] ought to have enquired whether the complainant was willing to accept a post at a lower grade than the one he held (see Judgment 2830, under 9)."

  Reference(s)

  ILOAT Judgment(s): 2830
  

  Keywords:

  grade; organisation's duties; post held by the complainant; reassignment;
  

  Judgment keywords

  Keywords:

  abolition of post; complaint allowed; delay; fixed-term; grade; organisation's duties; reassignment; respect for dignity; termination of employment;
  

  
  
  

• Judgment 3289

  
  116th Session, 2014
  World Trade Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant received a written censure for failing to comply with the procedure of authorizing outside activities and remuneration.

  Consideration 5

  Extract:

  "[I]t is observed that there is no limitation period in relation to disciplinary proceedings in the Staff Regulations and Rules. The complainant’s attempt to analogise from the Staff Rule concerning the recovery of an overpayment within one year is without merit. An overpayment is in no way analogous to misconduct. It is true that, if possible, an organisation should promptly take action when the possibility of misconduct on the part of a staff member comes to its attention. However, the complainant’s assertion that an alleged violation of a Staff Rule, if considered serious, “has to be investigated promptly and at the latest one year after the Administration took notice thereof” has no foundation in law or in the Staff Regulations and Rules."

  Keywords:

  breach; disciplinary procedure; misconduct; organisation's duties; recovery of overpayment; staff regulations and rules;
  

  
  
  

• Judgment 3286

  
  116th Session, 2014
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: Non-extension of a fixed-term contract. Failure to investigate allegations of harassment.

  Consideration 25

  Extract:

  "Even if the complainant was perceived to be a difficult staff member to deal with and was perceived to have been performing unsatisfactorily in fairly fundamental ways, she was entitled to have the unsatisfactory performance procedures followed and probably well before the decision was taken not to renew her contract [...]."

  Keywords:

  non-renewal of contract; organisation's duties; unsatisfactory service;
  

  
  
  

• Judgment 3281

  
  116th Session, 2014
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: Tax refunds due as a result of tax credits.

  Judgment keywords

  Keywords:

  case sent back to organisation; complaint allowed; decision quashed; domestic law; member state; organisation's duties; payment; reckoning; refund; salary; staff regulations and rules; status of complainant; tax;
  

  
  
  

• Judgment 3272

  
  116th Session, 2014
  Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant successfully challenges the decision not to appoint her to a vacant post due to procedural flaw and violation of her right to due process.

  Consideration 15

  Extract:

  "The Tribunal has consistently affirmed the confidentiality of the records of the discussions regarding the merits of the applicants for a post. However, this does not extend to the reports regarding the results of the selection process with appropriate redactions to ensure the confidentiality of third parties."

  Keywords:

  adversarial proceedings; confidential evidence; disclosure of evidence; due process; duty to inform; organisation's duties; procedural flaw; right to be heard; selection board; selection procedure;
  

  
  
  

• Judgment 3269

  
  116th Session, 2014
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant alleges that she was submitted to harassment and denounces flaws in the inquiry relating to her harassment allegations.

  Judgment keywords

  Keywords:

  burden of proof; complaint dismissed; delay; harassment; inquiry; investigation; organisation's duties; right to reply;
  

  
  
  

• Judgment 3264

  
  116th Session, 2014
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant successfully impugns the decision not to renew her contract after an extension of her probationary period and is granted damages.

  Judgment keywords

  Keywords:

  breach; complaint allowed; confidential evidence; decision quashed; disclosure of evidence; discretion; due process; duty to inform; extension of contract; general principle; good faith; judicial review; non-renewal of contract; organisation's duties; performance report; probationary period; procedural flaw; respect for dignity; right to reply; unsatisfactory service; work appraisal;
  

  Consideration 14

  Extract:

  "[D]uring the extension of the probationary period, [...] its duty to act in good faith obligated the Organization to give the complainant guidance and a meaningful opportunity to improve measured against objective standards."

  Keywords:

  good faith; organisation's duties; work appraisal;
  

  Consideration 11

  Extract:

  "The purpose of probation is to give an organisation an opportunity to evaluate a probationer’s suitability for a position (see Judgment 2646, under 5). This gives rise to corollary obligations on the part of the organisation to warn a staff member in a timely manner that her or his performance is unsatisfactory, to give the staff member guidance and an opportunity to improve and to set objectives against which improvement can be measured. These are “fundamental aspects of the duty of an international organisation to act in good faith towards its staff members and to respect their dignity” (see Judgment 2414, under 23)."

  Reference(s)

  ILOAT Judgment(s): 2414, 2646
  

  Keywords:

  duty to inform; good faith; organisation's duties; probationary period; respect for dignity; unsatisfactory service;
  

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