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 190

  
  28th Session, 1972
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complainant "alleges that the Organization did not in fact employ him on the work for which he had been recruited for a period of two years, and was thus gravely at fault; even supposing that the truth of this allegation were established, it would not be such as to vitiate the impugned decision not to renew his contract."

  Keywords:

  assignment; contract; difference; fixed-term; non-renewal of contract; organisation's duties; post description;
  

  
  
  

• Judgment 178

  
  26th Session, 1971
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complainant maintains that she accepted the post only on the promise that it would shortly be graded G.6 and that the job description was marked "proposed G.6". But the complainant, who relies on mere promises or proposals, cannot claim any right to have her post regraded G.6. in the course of the general review of the grading of posts to align the organisation's classifications with those of the United Nations, the Secretary-General was "not bound by any prior legal obligation towards the complainant."

  Keywords:

  good faith; grade; organisation's duties; post classification; post description; promise; promotion; terms of appointment;
  

  
  
  

• Judgment 162

  
  24th Session, 1970
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "[I]t is unnecessary to consider whether the complainant underwent the medical examination provided for by [the Staff Rule], since this formality is merely a consequence of dismissal and not a condition of its validity. In any event the provisions concerning sickness leave were no impediment to dismissal, since [the applicable provision] provides that the right to sickness leave expires on the expiry of the contract."

  Keywords:

  condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;
  

  
  
  

• Judgment 161

  
  24th Session, 1970
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  Vide Judgment 162, consideration 3.

  Reference(s)

  ILOAT Judgment(s): 162
  

  Keywords:

  condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;
  

  
  
  

• Judgment 160

  
  24th Session, 1970
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  Vide Judgment 162, consideration 3.

  Reference(s)

  ILOAT Judgment(s): 162
  

  Keywords:

  condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;
  

  
  
  

• Judgment 159

  
  24th Session, 1970
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  Vide Judgment 162, consideration 3.

  Reference(s)

  ILOAT Judgment(s): 162
  

  Keywords:

  condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination of employment;
  

  
  
  

• Judgment 157

  
  24th Session, 1970
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  On return from a mission, the complainant was ill. The organisation extended his contract for as long as the sick leave to which he was entitled under his contract. With the expiry of that contract, there was no longer any legal connection between the official and the organisation, which "could no longer lawfully grant him further sick leave or continue to bear his medical expenses." The organisation was bound by no provision nor any general principle of law to grant the complainant monetary compensation.

  Keywords:

  contract; extension of contract; fixed-term; health insurance; illness; medical expenses; non-renewal of contract; organisation's duties; project personnel; service-incurred; sick leave;
  

  
  
  

• Judgment 155

  
  24th Session, 1970
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  There is no provision in the Staff Rules for the reimbursement of travel expenses and the payment of a subsistence allowance to officials wishing to attend the meetings of the appeals bodies at which their claims are heard. The complainant therefore has no right to such reimbursement. The organization undertook voluntarily to pay his travel expenses for the purpose of his appearance before the appeals body.

  Keywords:

  internal appeals body; organisation's duties; refund; right; travel expenses;
  

  
  
  

• Judgment 154

  
  23rd Session, 1970
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2(C)

  Extract:

  The Director-General was not obliged to postpone the complainant's re-assignment because of alleged ill health. The disorders cited did not afford sufficient proof that he was unable to comply with the transfer order. The medical certificate bears a date later than the date of the complainant's scheduled departure. "In any event, it was not incumbent on the organisation to carry out automatically any inquiry into the complainant's state of health."

  Keywords:

  health reasons; medical examination; organisation's duties; time limit; transfer;
  

  Consideration 2(D)

  Extract:

  The demonstrations to which the complainant's arrival had given rise led the organisation to order the complainant's transfer. It is regrettable that before assigning the complainant to his post the organisation should not have satisfied itself that his assignment would raise no difficulties. "However, the complainant could not fail to be aware of the difficulties to which his assignment [...] might give rise, and he cannot therefore properly complain that the organisation lacked information which according to the normal standards of good faith he himself should have supplied."

  Keywords:

  conduct; duty to inform; good faith; grounds; organisation's duties; organisation's interest; transfer;
  

  
  
  

• Judgment 150

  
  23rd Session, 1970
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "In cases where the Director-General suspects an official of having committed acts of undiscipline in the performance of or in connection with his duties, he has to take action in the most adroit fashion to safeguard, if possible, the reputation of both the organization and of the official. For that reason, before initiating the disciplinary procedure, the Director-General is always free [...] to summon the official and ask him for explanations."

  Keywords:

  complainant; disciplinary procedure; executive head; inquiry; investigation; misconduct; organisation's duties; organisation's reputation; respect for dignity;
  

  
  
  

• Judgment 139

  
  22nd Session, 1969
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  Under the Staff Rules, the Director-General must endeavour to find another post for an official whose post has been abolished. "[T]he official who has worked for many years for the organization to its full satisfaction is absolutely entitled to fill a post suitable to his abilities and grade in preference to any other candidate."

  Keywords:

  abolition of post; contract; organisation's duties; permanent appointment; priority; reassignment; termination of employment;
  

  
  
  

• Judgment 136

  
  22nd Session, 1969
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The complainant made accusations which led to an inquiry. When the decision not to renew his contract was taken, the results of the inquiry were not yet known. The accuser was judged before the accusations themselves. The decision is tainted by error and must be rescinded; "the organization must either renew the contract on equitable terms or pay to the complainant such compensation as is equitable".

  Keywords:

  complainant; contract; fixed-term; flaw; inquiry; investigation; misconduct; non-renewal of contract; organisation's duties;
  

  
  
  

• Judgment 133

  
  21st Session, 1969
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "The evidence produced does not establish that the organization fulfilled all its obligations in the matter." On three occasions account was taken of the complainant's candidature in respect of vacant posts. "Nevertheless, on each of these occasions, instead of simply considering the complainant's qualifications and appointing him to a post that he was capable of filling, the organization assessed the merits of the various applicants and thus followed the normal procedure. In so doing it complied with the letter of the Regulations, but it did not take account of the general principle* derived from [the applicable provision]". *Preference should be extended to deserving former staff members.

  Keywords:

  abolition of post; contract; fixed-term; material damages; organisation's duties; priority; reassignment; subsidiary; termination of employment; vacancy;
  

  Consideration 5

  Extract:

  "The organization cannot claim to have discharged its responsibilities by offering [the] complainant a post in grade P.1/P.2 [...] even if [he] had continued to receive his P.3 salary, the duties attached to the post were of a lower grade than those he had formerly performed. He was therefore justified in refusing the offer."

  Keywords:

  abolition of post; complainant; downgrading; grade; organisation's duties; reassignment; refusal;
  

  
  
  

• Judgment 126

  
  20th Session, 1968
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "[W]hile as a general rule employees in a given grade must be assigned to work normally done by members of that grade, it is within the discretion of the Director-General, provided that there is no change in the grade or reduction in salary, nor any lowering of the dignity of the persons concerned, to assign them to work done by lower-grade employees if the needs of the service so require".

  Keywords:

  assignment; discretion; downgrading; grade; limits; organisation's duties; organisation's interest; respect for dignity; salary; transfer;
  

  
  
  

• Judgment 115

  
  18th Session, 1967
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  Under the applicable provision, the end of the period covered by the report "will normally coincide" with the date of the increment. "It is clear from the use of the word 'normally' that this provision is not mandatory and allows of exceptions to the rule in specific cases", in particular when as in the present case the complainant's service has been interrupted on account of illness and her supervisor understandably wished to discuss matters with her before making an evaluation of her performance.

  Keywords:

  date; exception; increment; organisation's duties; performance report; sick leave;
  

  Consideration 3

  Extract:

  "[I]t does not follow that failure to establish an annual report when it is due automatically confers the right to the award of a salary increment". (The applicable provision provides that the end of the period covered by the report should coincide with the date of the increment; this provision is not mandatory).

  Keywords:

  date; effect; increment; omission; organisation's duties; performance report; period;
  

  
  
  

• Judgment 112

  
  18th Session, 1967
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  It was the understanding of both sides that the reason for extending the probationary period was merely to allow the complainant to look for a new position. The organization agreed to the extension in the knowledge that the complainant's work was unsatisfactory and that he would not be able to change the unfavourable impression left by his first probationary year. Under these circumstances, continuation of the complainant's appointment cannot be regarded as an extension of the probationary period within the meaning of the regulations and the organization had no obligation to make the report.

  Keywords:

  extension of contract; omission; organisation's duties; probation report; probationary period; purpose; unsatisfactory service;
  

  Consideration 4

  Extract:

  "[I]f his superiors did not think it necessary to give [the complainant] any special training, this was because he had already had some 15 years' experience as a translator and reviser, so that he was assumed to know his job." Failure to provide training is not a material fact in the matter at issue.

  Keywords:

  disregard of essential fact; omission; organisation's duties; training;
  

  
  
  

• Judgment 107

  
  17th Session, 1967
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2(A)

  Extract:

  "The organization did not fail in its duty in making public announcement of the competition in the press, which attracted some hundred applicants; in so doing not only was it acting in accordance with [the applicable provision], but it was also increasing its chances of appointing a qualified person, and it cannot be blamed for this."

  Keywords:

  competition; organisation's duties; vacancy notice;
  

  Consideration 1

  Extract:

  "The organization's [statutory] obligation to have regard to [the] qualifications [of members of the organization] implies, in the first place, that they are entitled to take part in any competitions that may be open to them. [T]his right [...] necessarily include[s] the right to demand that the arrangements for the competition ensure the appointment of the candidate who is really the best qualified. In other words, at every stage of the competition including the arrangements made, the conduct of the tests and the evaluation of their results, every candidate must be treated on an equal footing and with full impartiality."

  Keywords:

  competition; equal treatment; organisation's duties; procedure before the tribunal; safeguard;
  

  
  
  

• Judgment 106

  
  17th Session, 1967
  United International Bureaux for the Protection of Intellectual Property
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5(B)

  Extract:

  "The Director [...] was entitled to undertake a general reclassification of staff members within the prescribed grades at the time the new system was introduced, and [...] for the purpose of this reclassification the duties formerly performed by the staff members concerned had to be taken into account, but only as one factor among others."

  Keywords:

  amendment to the rules; organisation's duties; post classification; reorganisation; staff regulations and rules;
  

  
  
  

• Judgment 94

  
  16th Session, 1966
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "Having regard to the nature of the employment in question, the Organization was not obliged, in any event, to reinstate the complainant in the identical post he had occupied, but might have offered him any other substantially equivalent post."

  Keywords:

  assignment; judgment of the tribunal; organisation's duties; reinstatement;
  

  
  
  

• Judgment 90

  
  15th Session, 1965
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The complainant was dismissed without advance notice in violation of the applicable provision. The decision is quashed.

  Keywords:

  breach; decision quashed; organisation's duties; provision; staff regulations and rules; termination of employment; unsatisfactory service; warning;
  

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