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 3110
113th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
[A]s pointed out in Judgment 3032 in relation to the same provisions on which the complainant relies, “when an international organisation wants to fill a post by competition, it must comply with the material rules and the general precepts of the case law”.
Reference(s)
ILOAT Judgment(s): 3032
Keywords:
appointment; competition; organisation's duties; selection procedure;
Judgment 3106
113th Session, 2012
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The principle of freedom of association "precludes interference by an organisation in the affairs of its staff union or the organs of its staff union (see Judgment 2100, under 15). A staff union must be free to conduct its own affairs, to regulate its own activities and, also, to regulate the conduct of its members in relation to those affairs and activities. Thus, it was said in Judgment 274, under 22, that “[t]here could be no true freedom of association if the disapproval of the Director General, whether justified or not, of what was said [in an open letter issued in connection with a staff union referendum] could lead to disciplinary measures”. Further, an organisation must remain neutral when differences of opinion emerge within a staff union: it must not favour one group or one point of view over another. To do so would be to diminish the right of a staff union to conduct its own affairs and to regulate its own activities. Nor does an organisation have any legitimate interest in the actions of staff members in their dealings with their staff union and/or other staff union members with respect to the affairs and activities of the union. Thus, it was said in Judgment 274, under 22, that “[a] staff member’s conduct of [his] private life is not the concern of the Director-General [unless it] brings the Organization into disrepute”, and that trade union activities “likewise constitute an area that is ‘prima facie’ outside the Director- General’s jurisdiction”, although “there may be exceptional cases”."
Reference(s)
ILOAT Judgment(s): 274, 2100
Keywords:
breach; competence; conduct; difference; disciplinary measure; executive head; freedom of association; organisation's duties; organisation's interest; organisation's reputation; outside activity; right; staff union; staff union activity;
Judgment 3104
112th Session, 2012
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"[T]he fact that the complainant was not given enough work upon her return from sick leave, which led her to feel marginalised and humiliated, offended her dignity and constitutes an element of the breach of duty of care."
Keywords:
duty of care; organisation's duties; refusal to assign work; respect for dignity; sick leave;
Judgment 3099
112th Session, 2012
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"[T]he obligation to treat staff members with dignity and the duty of good faith required, at the very least, that there be an accurate record of the interviews, which could have been achieved by, for example, the making of a transcript by a competent stenographer."
Keywords:
duty of care; good faith; inquiry; investigation; organisation's duties; recording; respect for dignity;
Judgment 3085
112th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
The Tribunal has [...] consistently held that “an organisation owes it to its employees, especially probationers, to guide them in the performance of their duties and to warn them in specific terms if they are not giving satisfaction and are in risk of dismissal” and that these two considerations “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 2529, under 15, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 2529
Keywords:
good faith; organisation's duties; respect for dignity;
Consideration 22
Extract:
[I]t is true that deficiencies in the complainant’s performance were noted in the PMDS appraisals. However, as to the alleged assistance that was given to the complainant to improve her performance, other than broad assertions on the part of her supervisor that this was done, there is no evidence of any specific guidance or suggestions given to the complainant by Dr V. in terms of concrete steps or measures that the complainant should take to improve her performance in those areas of identified deficiencies and against which improvement in performance could be monitored and measured. Again, given its importance in assessing the overall suitability of the staff member, it would be expected that the specific directions and expectations would be documented. Equally, it would be expected that the guidance Dr V. provided to the complainant would also be documented.
Keywords:
judicial review; organisation's duties; probationary period; termination of employment; unsatisfactory service; work appraisal;
Judgment 3084
112th Session, 2012
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"[A]n organisation must ensure that a staff member is not disadvantaged on the grounds of his or her participation in staff representation activities."
Keywords:
equal treatment; freedom of association; organisation's duties; staff representative; staff union; staff union activity;
Judgment 3075
112th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"An organisation has the duty to follow its own Rules, and to do its best to ensure the proper functioning of its internal appeal system. The application of time limits in the internal appeal procedure is a safeguard for a proper functioning of the system. The internal appeal procedure is indeed an important step in the remedying of disputes given that an appeal body's competence is broader than that of the Tribunal. Therefore, just as staff members have the duty to pursue their appeals with due diligence, an organisation has the duty to respect the time limits and cannot rely on staff members to monitor the procedures. The possibility of filing a complaint directly with the Tribunal is to be considered a further safeguard for a proper functioning of an internal appeal system and not a fast track for settling a dispute between the parties through a judgment from the Tribunal. Indeed, an internal appeal system which is not fully functional affects the right of defence."
Keywords:
delay in internal procedure; direct appeal to tribunal; internal appeals body; organisation's duties; procedure before the tribunal; safeguard; staff regulations and rules; time limit;
Judgment 3073
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"According to the case law, an international organisation which decides to hold a competition in order to fill a post cannot select a candidate who does not satisfy one of the required qualifications specified in the vacancy notice. Such conduct, which is tantamount to modifying the criteria for appointment to the post during the selection process, incurs the Tribunal's censure on two counts. Firstly, it violates the principle of patere legem quam ipse fecisti, which forbids the Administration to ignore the rules it has itself defined. In this respect, a modification of the applicable criteria during the selection procedure more generally undermines the requirements of mutual trust and fairness which international organisations have a duty to observe in their relations with their staff. Secondly, the appointment body's alteration, after the procedure had begun, of the qualifications which were initially required in order to obtain the post, introduces a serious flaw into the selection process with respect to the principle of equal opportunity among candidates. Irrespective of the reasons for such action, it inevitably erodes the safeguards of objectivity and transparency which must be provided in order to comply with this essential principle, breach of which vitiates any appointment based on a competition. (See Judgments 1158, 1646, 2584 and 2712.)"
Reference(s)
ILOAT Judgment(s): 1158, 1646, 2584, 2712
Keywords:
amendment to the rules; appointment; breach; candidate; competition; condition; criteria; equal treatment; equity; flaw; grounds; organisation's duties; patere legem; safeguard; vacancy notice; working relations; written rule;
Judgment 3071
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 48
Extract:
"An international organisation has a responsibility to treat its officials with dignity. If criticism is warranted [...] that should be done either by means of the performance appraisal reports or in a manner that ensures respect for the staff member's dignity."
Keywords:
duty of care; organisation's duties; performance report; respect for dignity;
Consideration 36
Extract:
"It is well established that an international organisation has a duty to its staff members to investigate claims of harassment. That duty extends to both the staff member alleging harassment and the person against whom a complaint is made (see Judgment 2642, under 8). [...] Further, the duty is a duty to investigate claims of harassment "promptly and thoroughly" (see Judgment 2642, under 8)."
Reference(s)
ILOAT Judgment(s): 2642
Keywords:
claim; harassment; inquiry; investigation; organisation's duties;
Judgment 3070
112th Session, 2012
International Office of Epizootics
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"According to the Tribunal's case law, a staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service, so as to be in a position to remedy the situation. Moreover, he or she is entitled to have objectives set in advance so that he or she will know the yardstick by which future performance will be assessed (see Judgment 2414, under 23). Precedent also has it that the procedure used for drawing up a performance appraisal forming the basis of a dismissal decision must always be adversarial (see, in particular, Judgments 2468, under 17, and 2515, under 18)."
Reference(s)
ILOAT Judgment(s): 2414, 2468, 2515
Keywords:
adversarial proceedings; criteria; date; duty to inform; organisation's duties; purpose; right; termination of employment; time limit; unsatisfactory service; work appraisal;
Judgment 3069
112th Session, 2012
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"[A]n international organisation has an obligation to ensure that an internal body charged with investigating and reporting on claims of harassment is properly functioning."
Keywords:
harassment; inquiry; investigation; organisation's duties;
Judgment 3065
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7-8
Extract:
The Tribunal notes that the evidence does not show that the complainant could have attended the witnesses' interviews, or that she was offered an opportunity to comment on their testimony, in order to have certain items of information rectified where necessary, or to have it put on record that she disagreed with witnesses. The Tribunal considers that even if, in the instant case, the investigator could not invite the complainant to attend all the interviews, she ought to have been allowed to see the testimony in order that she might challenge it, if necessary, by furnishing evidence. Since this was not the case, the Tribunal finds that the adversarial principle was not respected. It follows from the foregoing [...] that the [impugned] decision [...], which thus rested on a flawed investigation report, must be set aside.
Keywords:
adversarial proceedings; breach; consequence; duty to inform; elements; evidence; flaw; harassment; inquiry; investigation; mistake of fact; oral proceedings; organisation's duties; procedural flaw; report; right to be heard; testimony;
Judgment 3064
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"[I]n its report [...], the Joint Advisory Appeals Board "encourage[d] [the Human Resources Development Department] and the responsible chiefs of the complainant and of her head of section to pursue and step up their efforts to promote better communication and working relations" within the [complainant's unit] and [...] the letter of 18 March 2008 indicated that the Director-General had "endorse[d] this recommendation". The Administration was therefore under an obligation to pursue and step up the efforts in question. However, the evidence on file does not show that the Administration used all the means at the disposal of an organisation such as the ILO to achieve the desired result. The fact that the complainant chose to lodge an appeal in order to seek recognition of her rights did not exempt the Organization from its obligations towards one of its officials to whom it owed a duty of care and who has not been found to have committed any fault."
Keywords:
acceptance; consequence; duty of care; executive head; internal appeals body; misconduct; organisation's duties; purpose; recommendation; report; right; right of appeal; working relations;
Considerations 10-11
Extract:
The complainant submits that the investigation ordered by the Director-General of the ILO into her allegations of harassment was considerably delayed. The ILO admits that "the delay in holding the investigation is inexcusable". Nevertheless, it considers that "[t]he complainant's claims in this respect are [...] groundless", since 3,000 Swiss francs were awarded as compensation for this delay.
"The Tribunal considers, however, that even if such a sum had been paid promptly and accepted by the complainant, which is not the case, the Organization could not shed its responsibility for the considerable delay in holding the investigation by simply deciding to award the complainant compensation for the injury suffered [...]. The ILO holds that the delay is due, not to the Administration's wish to harm the complainant, but to an error. In the Tribunal's opinion, this fact likewise does not exonerate the Organization or lessen its responsibility, since the error was committed by its Administration. As the [internal appeals body] rightly noted in its report [...] more than 15 months after the Director General's decision there was no information as to the progress of the investigation, or the date on which the investigator would submit his report. Consequently, it must be found that the delay in conducting the investigation caused the complainant moral injury which must be redressed."
Keywords:
acceptance; administrative delay; allowance; compensation; date; delay; duty to inform; harassment; injury; inquiry; internal appeals body; investigation; liability; misconduct; moral injury; organisation; organisation's duties; payment; report;
Judgment 3055
112th Session, 2012
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"[A]s a general rule, an organisation should refrain from passing on damaging information about a staff member. If the recipient of that information has a legitimate interest in knowing the truth [...] it should refrain from passing on damaging information without first giving the staff member an opportunity to challenge it and give his or her own account."
Keywords:
communication to third party; duty of care; duty of discretion; injury; organisation's duties; professional injury; rebuttal; right to reply; staff member's interest;
Judgment 3041
111th Session, 2011
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
As the Tribunal stated in Judgment 2124, under 4, “the need to give reasons in support of adverse administrative decisions arises precisely because the affected staff member must be given an opportunity of knowing and evaluating whether or not the decision should be timely contested”.
Reference(s)
ILOAT Judgment(s): 2124
Keywords:
organisation's duties;
Consideration 16
Extract:
"The Tribunal observes that there can be no justification for the delay and the failure to give the complainant a final decision. The fact that the [internal appeal body's] recommendations left the Administration in a difficult position does not excuse the unreasonable delay or absolve the Director-General from fulfilling her obligation to give a final decision in accordance with the Staff Regulations and Staff Rules. The Tribunal finds it particularly egregious that the failure to give a decision also resulted in the complainant not knowing the outcome of the [internal appeal] process. In addition to leaving the complainant in an unfair position in terms of any negotiations or other attempts to resolve the dispute, the complainant was deprived of the opportunity to consider the findings and recommendations contained in the [internal appeal body's] report before filing a complaint with the Tribunal. It appears that [the Organization's] conduct undermined the integrity of the internal appeal process and was a blatant disregard of the complainant's rights."
Keywords:
absence of final decision; complainant; delay; duty of care; duty to inform; internal appeal; internal appeals body; organisation's duties; recommendation; right; staff member's interest; staff regulations and rules;
Consideration 8
Extract:
Abolition of post and termination of appointment following reorganisation / Failure on the part of the Organization to take a final decision on the complainant's appeal / Excessive delay in communicating to the complainant the outcome of the internal appeal procedure.
"The decision to abolish a post must be communicated to the staff person occupying the post in a manner that safeguards that individual's rights. These rights are safeguarded by giving proper notice of the decision, reasons for the decision and an opportunity to contest the decision. As well, subsequent to the decision there must be proper institutional support mechanisms in place to assist the staff member concerned in finding a new assignment."
Keywords:
abolition of post; complainant; decision; duty of care; duty to inform; duty to substantiate decision; organisation's duties; reassignment; right; right of appeal; safeguard; staff member's interest;
Judgment 3038
111th Session, 2011
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
Failure of the parties to reach agreement on the amount of compensation owed to the complainant for the termination of his appointment following a flawed reassignment procedure.
"The Tribunal finds that the inordinate delay on the part of the Organization, and its conduct during the negotiations, do not reflect the duty that is incumbent on an organisation to negotiate in good faith, or the care it should take in the implementation of a decision. These matters warrant an award of moral damages."
Keywords:
compensation; conduct; delay; duty of care; good faith; moral injury; organisation; organisation's duties; settlement out of court;
Judgment 3033
111th Session, 2011
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"[A]ny decision to terminate an employee's contract must be clear and precise and must comply with the applicable formal requirements. Moreover, like any decision unfavourable to an official, it cannot take effect before the date on which he or she is notified of it (see Judgment 1531, under 8)."
Reference(s)
ILOAT Judgment(s): 1531
Keywords:
cause of action; date of notification; decision; effect; formal requirements; organisation's duties; termination of employment;
Judgment 3032
111th Session, 2011
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"[W]hen an international organisation wants to fill a post by competition, it must comply with the material rules and the general precepts of the case law (see, for example, Judgment 2163 [...], under 3)."
Reference(s)
ILOAT Judgment(s): 2163
Keywords:
appointment; case law; competition; consequence; decision; due process; general principle; organisation's duties; provision; staff regulations and rules; written rule;
Considerations 17- 18
Extract:
The complainants take the defendant to task for having unlawfully doubled the number of posts to be filled. According to them, any ex post facto change in the legal framework for the competition established by the vacancy notice breaches the principle of transparency of administrative procedures. [...]
According to the Tribunal's case law, when a vacancy is to be filled, staff members must be given sufficient information to enable them to exercise their rights without facing any unnecessary hindrance. A competition aimed at filling a vacant post must be held under satisfactory conditions of objectivity and transparency, which guarantee that the candidates will receive equal treatment (see, for example, Judgment 2210, under 5, and the case law cited therein).
In this case, the question is whether the failure to state explicitly in the vacancy notice that there were two senior translator/reviser posts to be filled might have dissuaded some people from submitting applications or prevented the competition from being conducted under satisfactory conditions of objectivity and transparency which guaranteed that the candidates received equal treatment.
The Tribunal, like the defendant, considers that, given that the qualifications and experience required were exactly the same for the two posts, it cannot reasonably be argued that some people would have applied if they had known that there were two posts instead of just one to be filled. Furthermore, the complainants, who entered the competition anyway, were not adversely affected by that circumstance.
It follows that, since the error committed in the vacancy notice did not taint the competition with any procedural flaw, the plea must be rejected.
Reference(s)
ILOAT Judgment(s): 2210
Keywords:
appointment; candidate; competition; duty to inform; equal treatment; formal requirements; official; organisation's duties; procedure before the tribunal; right of appeal; safeguard; selection procedure; vacancy;
Judgment 3026
111th Session, 2011
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"An opportunity to improve requires not only that the staff member be made aware of the matters requiring improvement, but, also, that he or she be given a reasonable time for that improvement to occur."
Keywords:
notice; organisation's duties; performance report; reasonable time; unsatisfactory service; work appraisal;
Judgment 3025
111th Session, 2011
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Tribunal recalls that an international organisation has a duty to provide a safe and adequate environment for its staff, and they in turn have the right to insist on appropriate measures to protect their health and safety (see Judgment 2706, under 5)."
Reference(s)
ILOAT Judgment(s): 2706
Keywords:
official; organisation's duties; request by a party; right; working conditions;
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