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 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;
Judgment 361
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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;
Judgment 325
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The complainant was [...] bound to take up the new assignments, save in exceptional circumstances such as did not exist in this case. He was aware of the conditions of international service and particularly of service with [the organization] when he accepted appointment, and all the more so [...] when he accepted a career service appointment [...]."
Keywords:
staff member's duties; transfer;
Considerations
Extract:
"[T]he Director-General was entitled, by virtue of the texts [...] to terminate the appointment of the complainant, whose refusal on strictly personal grounds to take up posts to which he was assigned by the competent authority constituted a grave breach of duty."
Keywords:
refusal; serious misconduct; staff member's duties; termination of employment; transfer;
Judgment 324
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Use of a computer by an unqualified or unscrupulous person may lead to errors or breaches of confidence. That is why it is important to define exactly the duties of the staff of a body such as the International Computing Centre and require every single employee to show strict respect for the limits of his duties. The complainant was employed as an operator and in exceeding his functions as such failed in a basic duty. In other words, whatever the actual consequences of his conduct may have been, it warranted the decision not to renew his appointment."
Keywords:
contract; fixed-term; grounds; misconduct; non-renewal of contract; staff member's duties;
Consideration 7
Extract:
"It is [...] immaterial whether the complainant caused his employer any material prejudice. What matters is that he committed a breach of duty which warranted the decision not to renew his appointment."
Keywords:
condition; consequence; contract; misconduct; non-renewal of contract; staff member's duties;
Judgment 282
37th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"A clear distinction must be drawn between the quality of a staff member's work, as reflected in such things as performance reports and promotion, and specific facts or a general attitude at variance with his duties as a staff member and warranting disciplinary action."
Keywords:
conduct; elements; fitness for international civil service; promotion; rating; staff member's duties; work appraisal;
Judgment 274
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
Under FAO Manual provision 330.151, unsatisfactory conduct consists of "conduct which is incompatible with the staff member's undertaken or implied obligation to the organization." "The unsatisfactory performance of staff duties is clearly within this general definition." A staff member's conduct of his private life or his trade union activities are not, apart from exceptional cases, the concern of the Director-General.
Reference(s)
Organization rules reference: PARAGRAPH 330.151 FAO MANUAL
Keywords:
competence; conduct; executive head; outside activity; staff member's duties; staff union activity;
Consideration 26
Extract:
"When [the complainant] is present at a meeting of the [organization's] council or of its committees [she] must behave with the same propriety as any other staff member. If there was here an act of misconduct, the fact that it was committed by a staff representative for a serious purpose mitigates the offence but does not extinguish it."
Keywords:
conduct; consequence; freedom of association; misconduct; staff member's duties; staff representative; staff union;
Consideration 22
Extract:
When the offending conduct falls outside staff duties, "each case must be examined carefully to see whether an obligation has been broken". A staff member's conduct of his private life is not the concern of the Director-General, unless it brings the organization into disrepute. In the same way, trade union activities fall outside the competence of the Director-General, although there may be exceptions.
Keywords:
competence; conduct; executive head; freedom of association; judicial review; outside activity; staff member's duties; staff union activity;
Consideration 19
Extract:
"The position of a staff representative is not an easy one. There may be times when there is a conflict of interest between loyalty to the staff and loyalty to the administration. Each representative must resolve the conflict in his or her own way and not all will see it alike."
Keywords:
consequence; freedom of association; staff member's duties; staff representative;
Judgment 247
33rd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"[I]t does not in the least follow that because a director confers upon one of his subordinates a limited authority in certain matters, that subordinate is thereby raised hierarchically and entitled to exact all the respect which is due to a superior."
Keywords:
conduct; consequence; delegated authority; staff member's duties; supervisor; working relations;
Consideration 15
Extract:
In this case, there was a substantial matter in dispute. "The complainant did not dispute the commission of an act because he was not charged with the commission of an act; but being charged with an insubordinate attitude, he disputed that he owed a duty of subordination."
Keywords:
conduct; insubordination; staff member's duties; supervisor;
Consideration 19
Extract:
If the complainant had been accused of making a charge which he knew to be false, the matter would have fallen within the scope of disciplinary measures. "If it is not so alleged, then it must be open to one official, when making a complaint about another, whether his superior or not, to state what he honestly believes without fear of its being treated as insubordination."
Keywords:
conduct; insubordination; staff member's duties; supervisor; working relations;
Judgment 189
28th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Whether the complainant did all that [could reasonably be expected of him] to comply with his obligations [under the rule respecting the submission of periodic reports in the event of illness] is open to doubt." The organization had offered to credit the complainant with four days' pay described as "special leave"; the complainant wanted "sick leave pay". The offer was sensible and reasonable and "the making of it left the claim without substance unless it could be said that some question of principle was involved. In the opinion of the Tribunal there is no such question."
Keywords:
cause of action; illness; lack of injury; no cause of action; offer; organisation; refusal; sick leave; special leave; staff member's duties;
Judgment 162
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant contests the validity of his statement admitting participation in the traffic of foreign currency. The particulars of the statement are too detailed to have been invented by third parties. Even if the complainant did not himself draft the statement, he is bound by the signature to the document. He claims to have yielded to threats and improper treatment which are highly improbable and in any case not of such a kind as to force him to confess to imaginary acts of misconduct. The statement must therefore be held to be true.
Keywords:
appraisal of evidence; conduct; evidence; lack of consent; staff member's duties;
Judgment 160
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Vide Judgment 162, consideration 1.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
appraisal of evidence; conduct; evidence; lack of consent; serious misconduct; staff member's duties;
Judgment 159
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 162, consideration 1.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
appraisal of evidence; conduct; evidence; lack of consent; serious misconduct; staff member's duties;
Judgment 96
16th Session, 1966
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant's behaviour, in which he persisted over a period of several years in spite of warnings from the organisation and from the Tribunal, showed repeated infringements by him [...] of the Staff Regulations and was of a nature to throw public discredit on the organisation; it thus constituted serious misconduct under which [the applicable provision] was such as legally to justify his summary dismissal without notice."
Keywords:
conduct; organisation's reputation; serious misconduct; staff member's duties; summary dismissal; termination of employment; vexatious complaint; warning;
Consideration 5
Extract:
"By his repeated complaints against decisions which, in general, did not affect his rights as an official, by reverting on several occasions to allegations which the Tribunal had already dismissed, by applying to the Tribunal for the purpose of lending force to the wild and unnecessarily wounding allegations which he had repeatedly made against the organisation and the [national] authorities, [the complainant] has entirely perverted from its proper purpose the right of appeal to the Administrative Tribunal afforded to [...] officials [of the organisation] and has affronted the dignity of his organisation and of the Tribunal."
Keywords:
identical claims; right of appeal; staff member's duties; vexatious complaint;
Judgment 87
15th Session, 1965
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
As staff representative, the complainant had additional responsibilities and enjoyed "special rights. [...]. He also had special obligations, such as the obligation to act solely in defence of the interests of the staff and the strict duty not to abuse these rights by using methods or expressions incompatible with the decorum appropriate both to his status as a civil servant and to the functions entrusted to him by his colleagues."
Keywords:
limits; right; staff member's duties; staff representative;
Consideration 2
Extract:
A staff representative has "the obligation to act solely in defence of the interests of the staff and the strict duty not to abuse these rights."
Keywords:
collective rights; limits; right; staff member's duties; staff representative;
Judgment 75
12th Session, 1964
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Not only is the legal status of the complainant of an exclusively contractual nature, but the contract concluded by him is of a very special character [...]. Whatever his obligations may have been towards the organization, the complainant was expressly stated to be responsible to the government [...]. In view of the complainant's legal status [...], his complaint does not fall within the definition of those which the Tribunal is competent to hear in pursuance of [...] Article II, paragraph 5, of its Statute. The Tribunal is therefore not competent to hear it."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; contract; locus standi; member state; staff member's duties; status of complainant;
Judgment 65
11th Session, 1962
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant, a public information officer, received an invitation mistakenly bearing his name to a diplomatic dinner party. In disclosing to press correspondents the details of a conversation on this subject with his chief, the complainant violated his obligations, "having regard both to the fact that the information related to a matter of official business which should have remained privy to the organization and to the fact that the information so disclosed was such as might harm the prestige of the United Nations."
Keywords:
duty of discretion; organisation's reputation; staff member's duties;
Judgment 63
11th Session, 1962
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The "many breaches of duty imply serious misconduct. Not only did [the complainant] cause so much dissension among the teaching staff and students [...] that the [national] authorities intervened, but he compromised the reputation of [the organization] itself. From an objective point of view, he has incurred a heavy responsibility which is equally heavy if viewed from a subjective point of view. As an intellectual he was bound to be aware of the consequences of his actions and, as an expert on an important mission, he should have been scrupulously careful to show himself worthy of the confidence that had been placed in him."
Keywords:
conduct; duty of discretion; organisation's reputation; serious misconduct; staff member's duties;
Consideration 3
Extract:
"It is [...] obvious that by [the complainant's] mere refusal to come to [headquarters] in response to the orders of the Director-General, he justified the sanction imposed on him. On this point too his dereliction of duty is patent. He rebelled against the authority of the Director-General instead of submitting to it as was his duty under [the Staff Regulations]. It was therefore knowingly that he failed to comply with his instructions. a most serious view must be taken of his behaviour."
Keywords:
conduct; insubordination; serious misconduct; staff member's duties;
Judgment 54
9th Session, 1961
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"An official [...] elected as a member of the Executive Committee of the Staff Association provided for by [...] the Staff Regulations should, in that capacity, enjoy freedom of action and of expression, on the sole condition that he respect the obligations incumbent upon him as an official of the organization and those incumbent upon international officials generally, and that he observe secrecy in respect of deliberations of joint bodies in which he takes part, or confidential information communicated to him by virtue of his trade union position".
Keywords:
duty of discretion; freedom of association; freedom of speech; staff member's duties; staff representative; staff union activity;
Consideration 6
Extract:
A trade union official should enjoy freedom of action and expression on the condition that he respect the obligations incumbent upon him as an official of the organization and those incumbent upon international officials generally; he should be allowed reasonable time for discharging his functions. "Any decision affecting an official which does not take these rights into account - and, in particular, any measure motivated solely by "any activity carried out by him in that capacity while respecting the obligations enumerated above - would be tainted by an error in law."
Keywords:
facilities; freedom of association; organisation's duties; staff member's duties; staff representative; staff union activity; time off;
Judgment 53
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"As defaulting on financial obligations and incurring debts beyond the debtor's capacity to repay [...] are incompatible with the standards of conduct required of an international civil servant and are likely to bring the organization and its officials into public disrepute [...]. The Director General's decision to terminate the complainant's probationary appointment [...] was in the circumstances of this case fully justified."
Keywords:
conduct; debt; organisation's reputation; probationary period; staff member's duties; termination of employment;
Judgment 42
8th Session, 1960
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Whatever the attitude of the WHO authorities, the complainant had no right whatsoever to reveal to a person outside the organization facts that were of concern to the organization only."
Keywords:
conduct; duty of discretion; staff member's duties;
Consideration 2
Extract:
The complainant spoke ill of an official of the organization to national authorities. "The complainant's attitude was therefore such as to make [the organization] lose confidence in him. It was incompatible 'with the oath [...] which required him to act 'with the interests of the [organization] only in view' [...] to avoid any action which might adversely reflect on his status [...] and laid on him the obligation to show discretion [...]. In effect, the complainant's conduct was not satisfactory and he showed himself unsuited to international service." The termination of his appointment is warranted.
Keywords:
conduct; duty of discretion; fitness for international civil service; probationary period; staff member's duties; termination of employment;
Judgment 24
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (H)
Extract:
"In [...] establishing the entire freedom of conscience recognised to international officials in respect of both their philosophical convictions and their political opinions, the Regulations impose on them the duty to abstain from all acts capable of being interpreted as associating them with propaganda or militant proselytism in any sense whatever [...]. This abstention is rigorously imposed on them by the overriding interest of the international organisation to which they owe their loyalty and devotion."
Keywords:
duty of discretion; freedom of conscience; organisation's interest; political activity; staff member's duties;
Consideration (M)
Extract:
"It does not [...] appear that the complainant placed her own interests above the true interest of the organization".
Keywords:
organisation's interest; staff member's duties; staff member's interest;
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