Assignment (252, 253, 968, 254, 255, 256, 257, 258,-666)
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Keywords: Assignment
Total judgments found: 61
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Judgment 435
45th Session, 1980
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organization "would have incurred liability beyond the requirements of the Staff Rules and Regulations only if it had exposed the complainant to a degree of danger incompatible with the normal performance of his duties and beyond the requirements of his contract of appointment." This was not the case. There is no need to consider whether the organization had been negligent by failing to take precautions against the accident in question.
Keywords:
assignment; liability; organisation; professional accident; service-incurred; special hazard;
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;
Consideration 7
Extract:
The complainant asks for the rescission of the assignment in question. "Since the complainant has now resigned from the organization, the organization submits that no purpose would be served by quashing the [...] assignment. However, the complainant protested strongly at the time against the assignment as unworthy of him and he is entitled to the formal order if he wishes it."
Keywords:
application for quashing; assignment; cause of action; separation from service; transfer;
Consideration 6
Extract:
"The complainant is being compensated, not for the lack of a worthwhile job - the organization does not guarantee that - but for the slackness and delay on the part of the administration in looking for one for him."
Keywords:
administrative delay; assignment; injury; transfer;
Judgment 405
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
It appears from the dossier that "the sole reason for the action taken with regard to the complainant [change of duties] was the desire of the chief of the department to employ his subordinates more efficiently. The Tribunal will not review the supervisor's appraisal of the complainant's performance provided that [...] he acted solely in the interests of the organisation."
Keywords:
amendment to the rules; assignment; discretion; judicial review; organisation's interest; work appraisal;
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 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 7
Extract:
"The complainant alleges that the staff member appointed to the [...] post to which she herself lays claim has no experience in the subject of his work, and that she herself does. She nevertheless refrains from saying that he does not have the qualifications required and she has therefore failed to establish any breach of the principle laid down [in the material provision] whereby staff members are assigned to duties in accordance with their qualifications."
Keywords:
assignment; qualifications;
Judgment 392
43rd Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Tribunal believes that there was no abandonment of post because the complainant challenged her assignment in the prescribed manner. The decision is therefore quashed. "To succeed in a claim for reinstatement or compensation, [the complainant] would have to satisfy the Tribunal that the assignment was in fact invalid; the Tribunal in its Judgment No. 375 has decided the contrary."
Reference(s)
ILOAT Judgment(s): 375
Keywords:
abandonment of post; assignment; procedure before the tribunal; refusal; transfer;
Judgment 367
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
Some elements of the moral prejudice - the new assignment offered the complainant less congenial and responsible work - "would not attract compensation if the decision to assign him had been valid". Other aspects, "for example, the humiliating way in which the transfer was effected [...] would attract compensation whether or not the decision was valid."
Keywords:
assignment; moral injury; transfer;
Judgment 361
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 29
Extract:
"[I]f an unexplained decision is also apparently inexplicable, silence will provide a foundation for an inference that there must have been at work in the decision making some element, such as prejudice or a conclusion falsely drawn, which would require the Tribunal to interfere with the discretion. The Tribunal considers that an unexplained decision to remove the complainant after 12 days from an assignment that was clearly intended to last until the new appointment might well justify such an inference [...]."
Keywords:
assignment; bias; decision; duty to substantiate decision; flaw; grounds;
Consideration 39
Extract:
To be rehabilitated the complainant would have had to be given a post with responsibilities at least equal to those which he had at the time of the events. "This is not necessarily to question the validity of the Director-General's decision [...]. The Director-General must exercise his power of appointment to pick the right man and would normally be precluded from using it as a way of making amends." But if he had been able to offer the complainant a distinct promotion, thus demonstrating his confidence in him, some of the prejudice complained of would have been removed.
Keywords:
assignment; discretion; professional injury;
Judgment 265
36th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Director-General of the organisation, by virtue of the general authority conferred on him as such and in the interests of efficiency, is empowered to change the duties assigned to his subordinates provided that that change is not tainted with any flaw which entitles the Tribunal to interfere. In the present case it is not disputed that the change was not so tainted. In particular, it does not appear from the documents in the dossier that the impugned decision was taken from any motive other than a desire to promote work efficiency."
Keywords:
amendment to the rules; assignment; consequence; discontinuance; discretion; judicial review; organisation's interest; special post allowance;
Judgment 243
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[T]he complainant alleges that the nature of his duties did not match the description in his contract of appointment. It is inherent, however, in the nature of his supervisory authority that a head of branch should be free to employ his subordinates in the best interests of his branch with due regard to their qualifications. At the highest level, moreover, the Director-General enjoys similar authority [...] to safeguard the interests of the organisation."
Keywords:
assignment; contract; difference; discretion; executive head; organisation's duties; organisation's interest; post description; supervisor;
Judgment 235
32nd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Tribunal sees no evidence of "a sufficiently close connection between the death and the performance of [...] duties [for the latter] to constitute [...] a cause of [...] death."
Keywords:
assignment; cause; death; duty station; field; lack of evidence;
Judgment 212
31st Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Responsibility for the assignment of a staff member to a specific post lies with the Director-General, who as the responsible head of the organization has full discretion in the matter. It does not appear from the evidence in the dossier that the Director-General's decision in the present case was tainted by any of the irregularities which the Tribunal is competent to censure."
Keywords:
assignment; discretion; judicial review;
Judgment 196
29th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant seeks transfer to any D.1 post compatible with his qualifications and experience. As stated, the claim must be dismissed. "While [...] the complainant is entitled to resist the refusal to appoint him to a specific post which has been put up for competition, he cannot claim to be appointed to any D.1 post without the appointing authority having had the opportunity to appraise the various candidates who might have applied."
Keywords:
assignment; cause of action; no cause of action; receivability of the complaint; request for transfer;
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 154
23rd Session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2(B)
Extract:
It is stated in their contracts that officials are initially appointed to a given post, subject to possible transfer subsequently. "The wording [initially, subsequently] of this provision does not mean that in every case an official must perform the duties of the original post for a certain period of time before being required to accept re-assignment. If the first assignment appears straight away to be unsuitable, there is nothing to prevent his immediate re-assignment. Any other solution might be as damaging to the official as to the organisation."
Keywords:
appointment; assignment; interpretation; organisation's interest; time limit; transfer;
Judgment 151
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Director-General has the authority "to assign the staff members responsible to him in the best interest of the organization. The authority enjoyed by the chief of the organization in this respect affords him a wide field of discretion which the Tribunal can review only in specified cases."
Keywords:
assignment; discretion; judicial review; organisation's interest; transfer;
Judgment 142
22nd Session, 1969
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant was relieved of his duties as deputy director of a division and was transferred. "The evidence shows that this decision was motivated by differences of opinion between the complainant and his superiors and by his circulation within the two organisations of his criticisms of their activities. This motive, whose falsity is not proved, was such as to furnish legal grounds for the decision made under" the applicable provision.
Keywords:
assignment; supervisor; transfer; working relations;
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 7
Extract:
"[The] complainant's transfer, which involved no reduction in her salary, did not affect the nature of her appointment. In spite of her assignment to a temporary post, she continued to enjoy all the rights resulting from her appointment as a permanent staff member of the Organization. It follows that the [transfer] decision is not tainted by illegality."
Keywords:
amendment to the rules; assignment; duration of appointment; effect; permanent appointment; salary; short-term; terms of appointment; transfer;
Consideration 7
Extract:
The applicable texts give "the Secretary-General discretionary power to assign staff members in the best interests of the organization, taking account in particular of the qualifications of the person concerned."
Keywords:
assignment; discretion; organisation's interest; qualifications; transfer;
Judgment 106
17th Session, 1967
United International Bureaux for the Protection of Intellectual Property
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is established by the [evidence] that the change in [the complainant's] duties was the result of the reorganisation in some of the organisation's services [...] and that [he] freely accepted the post of chief of this new service, the real importance of which does not depend on whether it was of a permanent or temporary character. Hence [the] complainant's argument that the change in his situation [...] was not justified by the interests of the service and constituted downgrading is not well founded."
Keywords:
acceptance; assignment; organisation's interest; reorganisation; transfer;
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