Freedom of speech (496,-666)

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Keywords: Freedom of speech
Total judgments found: 27

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• Judgment 1262

  
  75th Session, 1993
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 11-12

  Extract:

  The complainant objects to a decision not to extend his appointment. "The complainant was involved in the layout and design of the staff magazine, which, he says, was at times critical of the ESO. [...] The charge of victimisation, which is easy enough to make, has to be supported by serious evidence. The complainant has failed to discharge the burden that lies on him to prove the charge against the Observatory. For one thing, he was not even an official of the Staff Association. For another, his allegation that he was victimised merely because he helped with the publication of the magazine is unsupported by a shred of evidence."

  Keywords:

  burden of proof; contract; decision; evidence; fixed-term; freedom of speech; harassment; hidden disciplinary measure; non-renewal of contract; staff representative;
  

  
  
  

• Judgment 1061

  
  70th Session, 1991
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "Freedom of speech must be protected particularly for officers of a staff association, so that they are not hampered in their task of representing the membership when in dispute with the administration. But there are limits on such freedom. A staff representative's public statements must not impair the dignity of the international civil service: indeed he is under a special obligation not to abuse his rights by using expressions or resorting to behaviour incompatible with the decorum appropriate to his status both as an international civil servant and as an elected staff representative." (Vide Judgments 87 and 911.)

  Reference(s)

  ILOAT Judgment(s): 87, 911
  

  Keywords:

  conduct; duty of discretion; fitness for international civil service; freedom of speech; staff member's duties; staff representative; staff union;
  

  Consideration 4

  Extract:

  "In taking part in the radio interview the complainant was in direct breach of Rule 302.155. Staff representatives are not exempted from observance of the Rules by reason of holding office in the Union. [...] Such deliberate airing of staff grievances in public is conduct likely to jeopardize the reputation of the FAO and its staff. The conclusion is that the charge [of misconduct] is proven and warranted dismissal."

  Reference(s)

  Organization rules reference: FAO STAFF RULE 302.155
  
  

  Keywords:

  duty of discretion; freedom of speech; misconduct; organisation's reputation; staff representative; termination of employment;
  

  
  
  

• Judgment 1028

  
  69th Session, 1990
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 14-15, Summary

  Extract:

  The complainant was issued a reprimand after putting down insulting remarks about his supervisors on his staff report. Article 47(1) of the EPO Service Regulations says that employees "shall be entitled to make any comments" they consider relevant on their staff report. But the Tribunal holds that "the freedom of speech that provision safeguards plainly affords no excuse for insult and libel." The choice of sanction is wholly warranted.

  Reference(s)

  Organization rules reference: ARTICLE 47(1) OF THE EPO SERVICE REGULATIONS
  
  

  Keywords:

  censure; conduct; disciplinary measure; freedom of speech; performance report; rebuttal;
  

  
  
  

• Judgment 911

  
  64th Session, 1988
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "According to precedent, a staff association enjoys special rights that include broad freedom of speech and the right to take to task the administration of the organisation whose employees it represents. Like any other freedom, however, freedom of speech has its bounds. A staff association may not resort in public to action that impairs the dignity of the international civil service, save that the degree of discretion required of it is not as great as is expected of an individual staff member: both law and practice allow it wider freedom of speech and only gross abuse will be inadmissible."

  Keywords:

  collective rights; duty of discretion; freedom of association; freedom of speech; limits; staff member's duties;
  

  
  
  

• Judgment 496

  
  48th Session, 1982
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 37

  Extract:

  The administration required all communications to and from the staff association to be submitted to it for inspection "on the ground that 'factual information which the staff association conveys needs discussion between the parties when there are doubts on the accuracy of such information'. This has from time immemorial been the standard excuse for censorship; the alleged object is never to suppress the truth but just to make sure that only the truth is told. Freedom of association is destroyed if communication between the members is permitted only under supervision."

  Keywords:

  freedom of association; freedom of speech; judicial review; staff union;
  

  
  
  

• Judgment 274

  
  36th Session, 1976
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 22

  Extract:

  "Freedom of association means that there must be freedom of discussion and of debate, and this freedom when feelings run strong [...] can spill over into extravagant and even regrettable language. The Staff Council has its own rules for dealing with misdemeanours of this sort. There could be no true freedom of association if the disapproval of the Director-General, whether justified or not, of what was said could lead to disciplinary measures.

  Keywords:

  conduct; consequence; disciplinary measure; freedom of association; freedom of speech;
  

  
  
  

• 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;
  

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