Staff member's duties (491, 492, 493, 494, 495, 496, 497, 500, 501, 502, 503, 504, 505, 506,-666)
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Keywords: Staff member's duties
Total judgments found: 146
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Judgment 4400
131st Session, 2021
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the International Labour Office, impugns the decisions of the Director-General to issue a reprimand against him, to revoke his appointment as a Director, to appoint another person to that post and, finally, to discharge him with notice.
Consideration 31
Extract:
The Tribunal considers that an international organisation is entitled to ask its officials to inform it of any criminal convictions against them and that the duties of good faith and integrity oblige them to reply truthfully to such requests.
Keywords:
criminal sanction; duty of loyalty; duty to inform; staff member's duties;
Judgment 4089
127th Session, 2019
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her appointment beyond the statutory retirement age.
Consideration 7
Extract:
[I]t was open to the Director General to view the complainant’s conduct giving rise to and the subsequent conduct in relation to the judgment debt as falling short of the standards demanded of international civil servants. Accordingly, and subject to the various legal arguments of the complainant, it was open to the Director General to conclude it was not in the interests of the Agency to extend the complainant’s appointment beyond the mandatory retirement age.
Keywords:
age limit; conduct; discretion; extension beyond retirement age; organisation's interest; retirement; staff member's duties;
Judgment 3953
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to impose upon her the disciplinary measure of downgrading and to recover from her undue payments through monthly deductions from her salary.
Consideration 10
Extract:
The complainant filled out and signed the “Declaration concerning rent allowance” on 7 March 2005, thereby assuming the obligations arising from Article 74 of the Service Regulations. The consequent obligation to notify the Office of any changes aimed at guaranteeing the proper use of the rent allowance. Furthermore, with respect to Apt. A, the complainant alleges that in a similar case the EPO acted differently. However, the objection is unfounded. By failing to notify the EPO that the rent she was paying for Apt. A did not only relate to her as from April 2005, when her partner moved into the apartment, although she had certified on 7 March 2005 that she would notify “any changes” immediately, the complainant breached the rules governing the granting of the rent allowance, unjustly benefiting, and, hence, the principle of equality cannot be applied, as there can be no equality in illegality.
Keywords:
duty to inform; misrepresentation; staff member's duties;
Judgment 3402
119th Session, 2015
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the evidence established an intention to defraud on the part of the complainant and that the decision to dismiss him was not disproportionate, but it awarded damages because of the delay in the internal appeal procedure.
Consideration 10
Extract:
"The Tribunal accepts that the remedy of dismissal would not have been the only remedy available to the FAO. But the conduct of the complainant involved a serious transgression of a basic obligation of international civil servants to behave honestly in their dealings with their employer."
Keywords:
fitness for international civil service; staff member's duties; termination of employment;
Judgment 3364
118th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns on the grounds of a procedural flaw the decision to maintain his dismissal for misconduct.
Consideration 27
Extract:
"The complainant is seeking reinstatement in WHO. However, in the circumstances of the case there are no grounds for ordering this. According to the Tribunal’s case law, reinstatement is inadvisable when an employer has valid reasons for losing confidence in an employee (see Judgment 2034, under 11), as is the case here. [I]t is clear that the complainant admits having breached his duty of confidentiality, and whatever the reasons he gives in an attempt to justify having done so, this itself undermines the necessary relationship of trust between a staff member and the Organization."
Reference(s)
ILOAT Judgment(s): 2034
Keywords:
disciplinary measure; reinstatement; staff member's duties; termination of employment;
Judgment 3339
118th Session, 2014
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Employed on a part-time basis, the complainant seeks the payment of the additional hours he had been exceptionally required to work.
Consideration 5
Extract:
"As far as the label “regular duties” is concerned, the Tribunal considers that the term refers simply to duties which are assigned in line with the employee’s job description and which can be fulfilled within the regular working schedule. Any additional work requested and/or required outside that schedule is to be considered “exceptional”."
Keywords:
staff member'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 16
Extract:
"In Judgment 2944, under 50, the Tribunal described the test for proportionality as the disciplinary measure must not be “manifestly out of proportion” to the misconduct. In this case, the Tribunal observes the seriousness of the complainant’s actions. He misused PAHO’s resources and immunity in a fashion that was deliberate and careless; he risked PAHO’s reputation and its relationship with the government of Venezuela; he breached his duty of loyalty to PAHO; and his conduct was incompatible with the performance of his duties as PAHO Country Representative in Venezuela. In these circumstances, it cannot be said that summary dismissal was disproportionate to the misconduct."
Reference(s)
ILOAT Judgment(s): 2944
Keywords:
case law; disciplinary measure; disciplinary procedure; discretion; general principle; misconduct; official; proportionality; serious misconduct; staff member's duties; summary dismissal;
Judgment 3246
116th Session, 2014
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: As the complainant refused to undergo a new medical examination that the Tribunal had ordered. The Tribunal considered that it could not rule on the complaint which is thus dismissed.
Judgment keywords
Keywords:
complaint dismissed; expert inquiry; staff member's duties;
Judgment 3213
115th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to grant her a survivor's pension for her dead husband.
Consideration 7
Extract:
"International organisations have a duty of care towards their employees and must provide clear rules and regulations as well as clarifications of such when requested, but they cannot be solely responsible for every situation stemming from confusion regarding said rules. Employees are also charged with the duty to inform themselves, and to request clarification when necessary so that the system can work efficiently to the best advantage of both the Organisation and the staff members either as a group or individually (see, for example, Judgment 2997, under 6)."
Reference(s)
ILOAT Judgment(s): 2997
Keywords:
duty of care; organisation's duties; pension; pension entitlements; staff member's duties; staff regulations and rules;
Judgment 3204
115th Session, 2013
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant claims moral damages for the Union’s failure to submit to its Council the matter of the recognition of same-sex marriages.
Consideration 9
Extract:
"It is settled by the Tribunal’s case law that, according to the rules of good faith, anyone who was a staff member of an organisation and to whom a promise was made, may expect that promise to be kept by the organisation. However, the right to fulfilment of the promise is conditional. One condition is that the promise should be substantive. Another is that the promise is from someone who is competent or deemed competent to make it. Yet another is that the breach should cause injury to the person who relies on the promise (see Judgment 782)."
Reference(s)
ILOAT Judgment(s): 782
Keywords:
condition; definition; duty of care; formal requirements; good faith; organisation's duties; promise; staff member's duties; staff member's interest;
Judgment 3115
113th Session, 2012
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant alleges that senior officials misappropriated funds to the detriment of poor countries. "However, in raising that allegation before the Tribunal, she overlooks the fact that the competence of the Tribunal is clearly and exhaustively defined in Article II of its Statute, from which it follows that the Tribunal cannot interfere either with the policies of the international organisations which have recognised its competence, or with the workings of their administrations, unless a violation of the rights of a staff member is in issue. International civil servants seeking to file a complaint with the Tribunal must show that the decisions they are challenging are such as to affect personal interests of theirs which are protected by the rights and safeguards deriving from the applicable Staff Regulations and Rules, or from the terms of their appointments."
Reference(s)
ILOAT reference: Article II of the Statute
Keywords:
breach; competence of tribunal; complaint; condition; contract; exception; iloat statute; official; organisation's reputation; provision; right; safeguard; staff member's duties; staff member's interest; staff regulations and rules; supervisor; vested competence; written rule;
Judgment 3099
112th Session, 2012
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"Although staff members of international organisations necessarily have the right to protect their own interests, they must act in conformity with their duty as international civil servants."
Keywords:
international civil service principles; official; staff member's duties; staff member's interest;
Judgment 3083
112th Session, 2012
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"[T]he Standards of Conduct for the International Civil Service provide that international civil servants "should avoid assisting private bodies or persons in their dealings with their organization where this might lead to actual or perceived preferential treatment" and they "should [...] voluntarily disclose in advance possible conflicts of interest that arise in the course of carrying out their duties". The complainant argues that "should" is aspirational in nature and not mandatory. This argument must be rejected."
Keywords:
conduct; international civil service principles; official; staff member's duties;
Judgment 3080
112th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 19-20
Extract:
"According to the Tribunal's case law, when an organisation is ordered to grant a financial benefit to a staff member who fulfilled the legal requirements for claiming it, but who failed to do so as soon as his/her entitlement arose, the benefit in question is due only as from the date of the initial claim by the person concerned, and not the date on which he/she became entitled to the benefit ([...] see Judgment 2550, under 6, or Judgment 2860, under 22). There would be no justification for ordering an organisation unexpectedly to pay potentially large, backdated, aggregated sums for benefits which had not been claimed by the staff member concerned when he or she should have done so. [...] [Moreover] it is true that the position would be different if the Organization itself were responsible for the fact that the [staff member] did not submit a claim [at that time]."
Reference(s)
ILOAT Judgment(s): 2550, 2860
Keywords:
amount; condition; date; delay; exception; judgment of the tribunal; liability; marital status; medical expenses; non-retroactivity; organisation; payment; request by a party; staff member's duties;
Judgment 2997
110th Session, 2011
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Request for the transfer of pension contributions paid into national insurance schemes.
"The Tribunal considers that EMBL fulfilled its duty of care towards its staff by hosting several information sessions, publishing circulars and other documents, and by offering staff members several opportunities to meet with pension experts in order to inform themselves with regard to their pension rights. It is the responsibility of the staff to avail themselves of any information provided and to seek out clarification as needed for their particular situation."
Keywords:
duty of care; organisation's duties; pension; pension entitlements; staff member's duties;
Judgment 2963
110th Session, 2011
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Quashing of a retroactive termination of appointment for reasons of health.
"It is well settled that an international organisation cannot retrospectively alter the rights and obligations of staff members to their detriment, whether by written rule or otherwise (see, for example, Judgments 595, under 5 and 6, 1669, under 17 and 18, and 1979, under 5(h))."
Reference(s)
ILOAT Judgment(s): 595, 1669, 1979
Keywords:
amendment to the rules; non-retroactivity; right; staff member's duties; staff member's interest; written rule;
Judgment 2944
109th Session, 2010
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 45
Extract:
"By not paying the sums owed to creditors for more than ten years and not complying with several court rulings ordering her to meet her obligations, the complainant, an international civil servant, plainly did not show due respect for local laws and institutions and for the public policy of the host State [...]."
Keywords:
debt; domestic law; judgment of the tribunal; member state; misconduct; municipal court; staff member's duties;
Consideration 48
Extract:
"[B]reaches of private financial obligations on the part of international civil servants are incompatible with the rules of conduct by which they must abide (see, for example Judgments 53, under 7, 1480, under 3, or 1584, under 9)."
Reference(s)
ILOAT Judgment(s): 53, 1480, 1584
Keywords:
breach; conduct; debt; misconduct; staff member's duties; written rule;
Judgment 2906
108th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"The various paths to promotion within an international organisation such as the EPO are regulated by complex rules with which the staff cannot be assumed to be fully conversant and it is plainly up to the Organisation to ensure that the decisions which it takes in this respect are lawful."
Keywords:
organisation; organisation's duties; procedure before the tribunal; promotion; staff member's duties; staff regulations and rules;
Judgment 2901
108th Session, 2010
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"As the Tribunal had occasion to explain in Judgment 456, under 2, the purpose of [the] provisions [of Article VII, paragraph 3, of its Statute] is twofold. Their first aim is to enable an official to defend his or her interests by going to the Tribunal when the Administration has failed to take a decision. Their second aim is to prevent a dispute from dragging on indefinitely, which would undermine the necessary stability of the parties' legal relations. It follows from these twin purposes that, if the Administration fails to take a decision on a claim within sixty days, the person submitting it not only can, but must refer the matter to the Tribunal within the following ninety days, i.e. within 150 days of his or her claim being received by the organisation, otherwise his or her complaint will be irreceivable."
Reference(s)
ILOAT reference: Article VII, paragraph 3, of the Statute
ILOAT Judgment(s): 456
Keywords:
absence of final decision; direct appeal to tribunal; iloat statute; implied decision; receivability of the complaint; staff member's duties;
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