Supervisor (499,-666)

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Keywords: Supervisor
Total judgments found: 77

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• Judgment 349

  
  40th Session, 1978
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 19

  Extract:

  The direct superior was a wage bargainer in meetings on conditions of work. "Things can be said in free negotiations about conditions of work in a manner which cannot be used in answer to an order which has to be obeyed. A negotiator does not need to be armed with disciplinary sanctions; he is as free as any other individual to break off discussions with anyone whose manner he finds intolerable. It is because a superior officer cannot break off relations with his subordinates that sanctions against disrespect have to be provided."

  Keywords:

  disciplinary measure; insubordination; supervisor;
  

  
  
  

• Judgment 320

  
  39th Session, 1977
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  "The starting point for any criticism of [the first level supervisor's] judgment is that he is unable to explain the discrepancy between it and all the complainant's previous appraisal reports except upon the hypothesis that the latter were all wrong. This is highly unlikely. They extended over eleven years and came from seven [...] different representatives. [...] His evaluation of the complainant's work cannot be regarded as unbiased."

  Keywords:

  bias; different appraisals; flaw; period; supervisor; work appraisal;
  

  
  
  

• Judgment 309

  
  38th Session, 1977
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  It appears that "because of her attitude [the secretary] ought long before to have been compulsorily transferred [...] and the complainant [as her supervisor] behaved with great and unfailing propriety. But it cannot be said that the effect of [the secretary's] regrettable behaviour and of the [...] Director's equally regrettable inaction was either to put the complainant in a position which in practice precluded his continuing as chief of unit [...] or to impair his free will."

  Keywords:

  complainant; consequence; lack of consent; resignation; supervisor; working relations;
  

  
  
  

• Judgment 303

  
  38th Session, 1977
  International Patent Institute
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  One of the complainants contends that the Careers Committee for promotions included the chief of the personnel service, the official who had determined his performance mark, and that the Committee's composition was therefore irregular. "But the fact that the chief of the personnel service should sit on such a committee is only normal. That official had a duty of impartiality both in marking the complainant's performance and in serving on the Careers Committee, and the two functions were therefore quite compatible."

  Keywords:

  bias; composition of the internal appeals body; promotion board; recusal; supervisor;
  

  
  
  

• Judgment 297

  
  38th Session, 1977
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "Two conclusions may be drawn from the dossier. First, the complainant has professional and other merits [...]. Secondly, according to his own correspondence his relationship with the chief of his division had deteriorated to the point of precluding co-operation between them. [...] In refusing to renew the complainant's appointment, the Director-General did not draw clearly mistaken conclusions from the dossier."

  Keywords:

  contract; fixed-term; mistaken conclusion; non-renewal of contract; satisfactory service; supervisor; working relations;
  

  
  
  

• Judgment 268

  
  36th Session, 1976
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complainant's appointment was not renewed on the grounds of unsatisfactory performance and poor relations with her supervisor. Her previous supervisors had been consistently satisfied and the record contains no serious criticisms. "[T]he regional administration failed in particular to carry out a thorough and impartial inquiry, which would have been possible shortly after the incidents in question, and merely endorsed the report made by [the supervisor], whose impartiality was in dispute. [...] The decision [...] was not based on the interests of the Office"; the Tribunal will set it aside.

  Keywords:

  bias; contract; different appraisals; fixed-term; inquiry; investigation; non-renewal of contract; organisation's interest; performance report; supervisor; unsatisfactory service; working relations;
  

  
  
  

• 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 16

  Extract:

  "The Tribunal will assume, without deciding the question, that it is within the competence of a division director to delegate his authority in certain matters to one of the officers in his division. But if that is to be done, clear words must be used which leave the other officers in no doubt that one who is hierarchically their equal is being invested with the right to command."

  Keywords:

  delegated authority; duty to inform; executive head; organisation's duties; supervisor;
  

  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;
  

  Consideration 21

  Extract:

  The Director General erred in law in treating the complainant's attitude towards an official as unsatisfactory service; he erred in law in concluding that at the material time, this official was the complainant's superior or supervisor; in concluding that the complainant was guilty of insubordination, he drew a clearly mistaken conclusion from the facts. "The decision [...] is quashed; the complainant [shall be] paid the increment due to him [...] with interest thereon at 6 per cent per annum."

  Keywords:

  amount; conduct; flaw; increment withheld; insubordination; interest on damages; material damages; mistaken conclusion; supervisor; unsatisfactory service; working relations;
  

  
  
  

• Judgment 243

  
  33rd Session, 1974
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  According to the basic principles to be observed in the public service, "a supervisor should exercise supervision and control over all the activities of his subordinates. Such authority is exercised exclusively in the interests of the organisation and in particular its exercise should not impair the efficiency of work."

  Keywords:

  competence; organisation's interest; purpose; supervisor;
  

  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 226

  
  32nd Session, 1974
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "Although the dossier as supplemented by the report on the inquiry reveals obvious animosity towards the complainant on the part of her immediate supervisor and the criticisms of her appear fairly mild, especially since she was a beginner, and cast no doubt whatever on her professional competence, it does not appear from the dossier that the impugned decision with regard to a probationer was tainted with any of the irregularities which entitle the Tribunal to interfere."

  Reference(s)

  ILOAT Judgment(s): 194
  

  Keywords:

  bias; flaw; judicial review; probationary period; satisfactory service; supervisor;
  

  
  
  

• Judgment 197

  
  29th Session, 1972
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  Reports on each staff member must be made in the first place by his immediate supervisor, who is the best qualified to make an appraisal. This principle cannot be applied "in some units which, because of their nature, activities or the very form of their organization, a small number of officials are associated in a specific common task. It may be conducive to the efficiency of such units for the chief to report directly on all the staff members with whom he is in close and continuous collaboration in the exercise of their duties."

  Keywords:

  competence; probation report; probationary period; rating; supervisor; work appraisal;
  

  
  
  

• Judgment 191

  
  28th Session, 1972
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "While the Director-General [...] was entitled to differ [with] the opinion expressed by the high-ranking officials [...] he should, before reaching the final decision which he alone was competent to make, have taken into account not only the complainant's attitude on the particular occasions when he had 'personally seen him at work', but also the quality of the complainant's general performance of his duties as attested by his immediate supervisors in highly favourable terms."

  Keywords:

  contract; different appraisals; disregard of essential fact; executive head; fixed-term; non-renewal of contract; supervisor; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 188

  
  28th Session, 1972
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The complainant maintains that she "suffered from the prejudice of one of her supervisors [...] The Appeals Board dismissed the charge of prejudice, however, and the Advisory Board recommended upholding the performance reports complained of. In these circumstances there are no grounds for holding that the Director-General's decision taken in the light of the reports in question was based on incorrect facts."

  Keywords:

  bias; performance report; rating; supervisor; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 182

  
  27th Session, 1971
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The Tribunal will not normally entertain complaints about the contents of appraisal reports; it is essential to their value that the supervisor should be granted great freedom of expression and normally, if there be any errors of judgement on his part, they can be sufficiently remedied by the incorporation in the appraisal report of the staff member's point of view."

  Keywords:

  competence; discretion; judicial review; performance report; rebuttal; supervisor; work appraisal;
  

  
  
  

• 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 140

  
  22nd Session, 1969
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The complainant's services were terminated at the end of the probationary period. He alleges that the Director-General based his decision on information received directly or indirectly from his superior, whom he accuses of bias. "Consequently the question at issue is whether the Director-General misinterpreted the facts or drew false conclusions from them."

  Keywords:

  bias; mistaken conclusion; probationary period; supervisor; termination of employment;
  

  
  
  

• Judgment 36

  
  7th Session, 1958
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "Although leave is granted on a request approved by the supervisor, such approval is subject to the requirements of the service [...]. The supervisor's discretionary power to determine such requirements is not a matter subject to control by the Tribunal [...]. Far from proving the 'excès de pouvoir' which he alleges, the complainant's case on this point is devoid of substance [...]. The refusal to grant the leave requested by the complainant therefore appears justified."

  Keywords:

  annual leave; discretion; leave; organisation's interest; refusal; right; supervisor;
  

  Considerations

  Extract:

  "In drawing up the complainant's annual report, his supervisor did not deny the validity of the medical certificate submitted by the complainant to justify his absence but justly criticised the discourteous manner in which he had made use of a medical certificate to remain away from work [...]. The evaluation expressed in that report was made within the exercise of a discretion and constituted only a [preliminary] opinion [...]. There can be no recourse to the Tribunal in relation to this evaluation." The complainant was granted an annual increment on the basis of this report and there was therefore no decision which is injurious to the complainant.

  Keywords:

  cause of action; conduct; discretion; lack of injury; no cause of action; performance report; supervisor;
  

  
  
  

• Judgment 30

  
  6th Session, 1957
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "There can be no acquired rights as regards the relative position of an official within the administrative hierarchy, nor any right to promotion, the latter being within the exclusive authority of the official's superiors".

  Keywords:

  acquired right; discretion; promotion; right; staff regulations and rules; supervisor;
  

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