Organisation's duties (202, 203, 204, 205, 206, 207, 208, 645,-666)
You searched for:
Keywords: Organisation's duties
Total judgments found: 652
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 | next >
Judgment 415
44th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"If [...] the post is being abolished, it does not necessarily mean that the contract can be terminated without any further consideration. The Director-General must still consider whether there is any other work which the official can usefully do and which it is in the interests of the organisation that he should do."
Keywords:
abolition of post; organisation's duties; organisation's interest; reassignment;
Consideration 6
Extract:
It is not open to the Director-General to substitute another preference for that expressed in the Staff Regulations for "persons already in the service [...] to do so is beyond his lawful powers. [...] The Regional Director in deciding not to extend the complainant's contract on the ground that her post was abolished, failed to take into consideration the other posts that were or should have been open to her and for which she should have been given preference."
Keywords:
abolition of post; contract; fixed-term; non-renewal of contract; organisation's duties; priority; reassignment;
Consideration 7
Extract:
The complainant's post was abolished and her contract was not renewed. The Staff Regulations stipulate that preference should be given to "persons already in the service" but the complainant was denied the benefit of such preference. "She has not been deprived of any contractual rights to salary or pension, but only of expectation of further employment. The Tribunal considers that the appropriate award of compensation is 8,000 Swiss francs."
Keywords:
abolition of post; amount; contract; damages; fixed-term; legitimate expectation; non-renewal of contract; organisation's duties; priority; reassignment;
Judgment 414
44th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The organisation experienced financial difficulties and reduced the number of posts. Efforts were made to reassign the complainant, whose contract without limit of time had been replaced by a fixed-term appointment. The "lack of success [of these efforts] does not mean that the [organisation] failed in its obligations. indeed it was only to be expected in the circumstances. [...] There is no evidence to suggest that it appointed staff members less well qualified than he to duties which might have suited him."
Keywords:
abolition of post; amendment to the rules; budgetary reasons; contract; duration of appointment; fixed-term; organisation's duties; permanent appointment; reassignment; staff reduction;
Judgment 411
44th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The obligation of the organization [...] is to do all that is practicable to see that a staff member is given work and responsibility appropriate to his grade."
Keywords:
assignment; grade; organisation's duties;
Judgment 410
44th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"An incident of this sort between a P.6 officer and a regional director does not just explain itself [...]. It was essential for the Director-General to ascertain what explanation or excuse the complainant had to give. It cannot be said that it would inevitably have been unacceptable, since the [Appeals] Board, which characterised the complainant's conduct as 'not proper', none the less recommended that the reprimand should be withdrawn."
Keywords:
censure; conduct; disciplinary measure; inquiry; investigation; organisation's duties;
Judgment 406
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
There is provision for the possibility of an extension and an expert, "whose assignment has run smoothly and for whom the circumstances show a continuing need, is entitled to expect that [...] an unprejudiced decision will be taken in the interests of the organisation. This does not mean that the organisation is required to justify a non-renewal as if it was an interference with a contractual right."
Keywords:
contract; fixed-term; legitimate expectation; non-renewal of contract; organisation's duties; organisation's interest; project personnel;
Judgment 405
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Provided that he does not alter the grade, reduce the salary or show lack of consideration, the Director-General is free to assign provisionally to staff members the duties of officials holding a lower grade if that is in the organisation's interests."
Keywords:
assignment; discretion; organisation's duties; organisation's interest;
Judgment 404
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant maintains that the organisation was remiss in facilitating her transfer to some other international organisation. Her plea can succeed only if the organisation was under a duty to find for her or help her to find other employment. It was not".
Keywords:
duty of care; fixed-term; non-renewal of contract; organisation's duties; transfer;
Judgment 402
43rd Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"If there is doubt about the safety of a place of work, it is the duty of the employer to make the necessary inquiries and to arrive at a reasonable and careful judgement [...]. If [the employee] accepts the order, as prima facie he is bound to do, and the employer has failed to exercise due skill and care in arriving at his judgment, the employee is, subject to any contrary provision in the contract, entitled to be indemnified in full against the consequences of the misjudgment."
Keywords:
acceptance; assignment; damages; duty station; inquiry; investigation; negligence; organisation; organisation's duties; right; special hazard;
Judgment 397
43rd Session, 1980
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The provision concerning the publication of a vacancy notice and consultation of the Appointment and Promotion Board "applies [...] to posts put up for open competition both within and outside the organisation. But the organisation's purpose was merely to alter the position of serving officials by giving them new duties or higher grades."
Keywords:
organisation's duties; procedure before the tribunal; reorganisation;
Judgment 396
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Under any contract of appointment the organization, even in the absence of express provision, is bound to respect an official's dignity and reputation - in other words to beware of putting him needlessly in a difficult personal position. If the organization fails in that duty it may be ordered to pay compensation, even if there is no decision to be set aside [...] however, only for serious wrong likely to prove damaging to a staff member's career."
Keywords:
material damages; moral injury; no provision; organisation's duties; professional injury; respect for dignity;
Judgment 389
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Since the complainant failed to come up to the [organization's] expectations during the probationary period, he had no right to ask for a transfer to another post." The refusal to assign him elsewhere was correct. Insofar as that decision was taken on the grounds of his unsatisfactory performance it is warranted for a reason of fact which the Tribunal will not question. "The [organization] was not bound to find alternative employment for a staff member whose appointment was correctly terminated during the probationary period."
Keywords:
organisation's duties; probationary period; termination of employment; unsatisfactory service;
Judgment 388
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
According to the FAO Manual, before terminating an expert's appointment the organization must make sure that it cannot find him other employment. The organization "must show the diligence which the circumstances of the case require." In this case, "it was dilatory", took "a hasty decision and one which had not been preceded by any prompt inquiries."
Keywords:
abolition of post; contract; organisation's duties; project personnel; reassignment;
Consideration 8
Extract:
The complainant lost his job by virtue of a provision concerning the abolition of posts. For reasons of his age, seniority, the expectation that he would soon retire and family responsibilities, "the complainant had a certain right to preference, even over more highly qualified candidates. That does not mean [...] that he should have been appointed in preference to any other candidate. [...] In putting him on the same footing as the others, the organization failed to take due account of all the relevant factors of his case."
Keywords:
abolition of post; contract; disregard of essential fact; organisation's duties; priority; project personnel; reassignment; termination of employment;
Judgment 381
42nd Session, 1979
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
A provision in the Staff Rules "expressly provides that the Director-General shall consult with his staff [...]. This makes it difficult to imply a further term requiring him not merely to consult but to negotiate".
Keywords:
collective bargaining; consultation; enforcement; organisation's duties; provision; staff regulations and rules;
Consideration 6
Extract:
The obligation put upon an employer to negotiate changes in salary may be a condition of the contract of employment, but it would have to be specifically expressed in the individual contract or very clearly implied. "Merely because the term is contained in a collective agreement, it cannot be deemed ipso facto to be incorporated in the individual contracts of all those affected by the collective agreement."
Keywords:
amendment to the rules; collective bargaining; contract; organisation's duties; provision; salary; terms of appointment;
Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The experts were not in agreement about the methodology or the salary-scale figures. "In these circumstances it would be natural for [the Director] to contact his staff association in order to ascertain their views and, if necessary, negotiate with them to reach an agreed figure. This is something which a [director] might do even if contact was not prescribed by the Staff Regulations."
Keywords:
collective bargaining; no provision; organisation's duties; reckoning; salary; scale; staff union;
Consideration 27
Extract:
The question is whether the duty of consultation for which provision is made in the statutory texts had been modified by the practice of the preceding ten years or more and expanded to embrace negotiation. "If negotiation is different from consultation, it is difficult to see how the change could be made otherwise than by an amendment made in accordance with the Staff Regulations."
Keywords:
collective bargaining; consultation; no provision; organisation's duties; practice;
Consideration 18
Extract:
Vide Judgment 381, consideration 8.
Reference(s)
ILOAT Judgment(s): 381
Keywords:
collective bargaining; consultation; enforcement; organisation's duties; provision; staff regulations and rules;
Consideration 16
Extract:
Vide Judgment 381, consideration 6.
Reference(s)
ILOAT Judgment(s): 381
Keywords:
amendment to the rules; collective bargaining; contract; organisation's duties; provision; salary; terms of appointment;
Judgment 378
42nd Session, 1979
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
According to the applicable provisions, the Director-General is entitled to abolish posts, with due respect for given criteria. The Director-General had to abolish posts and did not disregard the material criteria. The organisation was under no duty to take extraordinary temporary measures; the provisions in force in other organisations are not relevant. The dismissal was therefore valid.
Keywords:
abolition of post; discretion; organisation's duties; termination of employment;
Judgment 367
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"Just as it is implicit in every contract of service that the staff member shall be loyal, shall treat his superiors with due respect and shall guard the reputation of the organization, so it is implicit that the administration in its treatment of staff members shall have a care for their dignity and reputation and shall not cause them unnecessarily personal distress."
Keywords:
general principle; organisation's duties; organisation's reputation; professional injury; respect for dignity; staff member's duties; supervisor;
Summary
Extract:
After 20 years of "laudable service", the complainant, a "valuable member of [the organization's] staff" was transferred. The organization, in its treatment of the complainant, failed in its obligation to show due regard for his dignity and reputation; the Director-General's apology did not remedy the situation.
Keywords:
moral injury; organisation's duties; respect for dignity; satisfactory service; transfer;
Consideration 16
Extract:
"Often distress and disappointment cannot be avoided but, where [they], can be, [they] should be. As in all organisations, the staff member must take the rough with the smooth and there are bound in management to be pieces of clumsiness or tactlessness which can be sufficiently smoothed over by apology or explanation."
Keywords:
moral injury; organisation's duties; working relations;
Judgment 361
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 42
Extract:
"The Tribunal concludes that the injury done to the complainant's feelings and reputation is so grave as to amount to a breach of obligation which calls for compensation. There must also be considered under this head the failure of the organisation to do all that is practicable to see that a staff member is given work and responsibility appropriate to his grade." [The complainant was summarily relieved of his duties as acting director of his division and left idle.]
Keywords:
moral injury; organisation's duties; professional injury; refusal to assign work;
Consideration 9
Extract:
Vide Judgment 367, consideration 16.
Reference(s)
ILOAT Judgment(s): 367
Keywords:
organisation's duties; organisation's reputation; professional injury; respect for dignity; staff member's duties; supervisor;
Consideration 9
Extract:
Vide Judgment 367, consideration 16.
Reference(s)
ILOAT Judgment(s): 367
Keywords:
moral injury; organisation's duties; working relations;
Judgment 359
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"[I]t appears from the evidence in the dossier that the circumstances in which the complainant's appointment ended amount to an abuse of authority." [no description of post, no detailed comment on his performance, hence either omission of essential facts or clearly mistaken conclusions from the facts, hence quashing of decision.]
Keywords:
abuse of power; contract; disregard of essential fact; fixed-term; mistaken conclusion; misuse of authority; non-renewal of contract; omission; organisation's duties; performance report; post description;
Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The language and form of the document and the circumstances in which it was executed support the view that the organization intended to make a commitment, albeit one that was subject to conditions. "Owing to its failure to distinguish between a contract to appoint and the fact of appointment itself, the organization erroneously believed that it would not be legally bound until the appointment was actually made."
Keywords:
appointment; condition; consequence; contract; formal requirements; intention of parties; organisation's duties;
Judgment 333
40th Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The members of a committee set up to examine appeals against post grading decisions began their work and subsequently resigned. Instead of following the recommendations already made by the old committee, the Director-General set up a new one. He was therefore bound to start the proceedings all over again. To be lawful the new committee's recommendations could only be made after hearing the persons concerned. The Director-General's decisions based on unlawful recommendations are quashed. The case is "referred back to the Director-General for a new decision, to be taken after due consultation of the [...] grading appeals committee."
Keywords:
flaw; internal appeals body; organisation's duties; procedural flaw; procedure before the tribunal; recommendation;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 | next >
|
