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Working relations (506,-666)
You searched for:
Keywords: Working relations
Total judgments found: 59
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Judgment 450
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant's "pleas in support of her contention [that the organization manifested prejudice against her] therefore do not appear to carry any greater weight than those put forward against it. Accordingly, in implying that her performance and her relations with her supervisors were unsatisfactory the [decision to transfer her] is not tainted with any error of fact and did not leave essential facts out of account. Indeed it came within the scope of the Director's discretion."
Keywords:
judicial review; transfer; unsatisfactory service; work appraisal; working relations;
Judgment 440
45th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The Director-General believed that there was sufficient evidence of the complainant's incompatibility. "If he had based this solely upon the complainant's inability to achieve an harmonious working relationship with his first-level supervisor [...] there is ample evidence in this respect the complainant would not have been exceptional. But there is other evidence of incompatibility. In a case in which the Director-General has personally and after the exercise of great care concluded that there is sufficient evidence to show that the complainant has "not satisfactorily adjusted to [...] service [in the organization]" it is virtually impossible for the Tribunal to interfere."
Keywords:
fitness for international civil service; judicial review; supervisor; working relations;
Judgment 427
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"While a candidate who is standing against an incumbent director must be free to criticise in moderate language his opponent's record, it may well be argued, as it is in this case, that his proclaimed opposition to the director who is re-elected may interfere with fruitful co-operation. So an assessment that was objective and unprejudiced might have arrived at the same conclusion as the director's [on the basis of which the complainant's contract was not renewed]." However the Tribunal held that decision to be biased.
Keywords:
candidate; contract; election; executive head; fixed-term; non-renewal of contract; working relations;
Judgment 396
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant had been appointed as special assistant to the Director-General as a result of a long-standing friendship between them. After a period of collaboration, the Director-General came to distrust the complainant. "Thus the complainant was no longer able to give the [organization] the service it expected of him." The Tribunal must conclude "that in terminating the complainant's appointment the Director-General acted in the organization's interest".
Keywords:
organisation's interest; probationary period; termination of employment; working relations;
Consideration 3
Extract:
"Misunderstandings between a probationer and his supervisor do not necessarily justify instant dismissal. As a rule, before a staff member is dismissed thought should be given to transferring him to some other post on trial, especially if he is junior in rank."
Keywords:
probationary period; termination of employment; transfer; working relations;
Judgment 367
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"Often distress and disappointment cannot be avoided but, where [they], can be, [they] should be. As in all organisations, the staff member must take the rough with the smooth and there are bound in management to be pieces of clumsiness or tactlessness which can be sufficiently smoothed over by apology or explanation."
Keywords:
moral injury; organisation's duties; working relations;
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:
moral injury; organisation's duties; working relations;
Judgment 318
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The main grounds for the impugned decision are that the complainant, who would brook no challenge to his views, proved unable to obey his supervisor's instructions and adapt to the methods of the organization. It is clear from the dossier that those grounds are factually correct and are not tainted with any of the flaws [...] which would entitle the Tribunal to interfere."
Keywords:
insubordination; judicial review; probationary period; termination of employment; working relations;
Judgment 310
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"This was a decision which fell within the discretion of the Director-General and therefore the Tribunal's power of review is limited to certain grounds of which the only one here relevant would be an improper motivation. The main reason why the complainant's contract was not renewed was that his superiors considered that he was not the type of person who could work within a team. They may have been right or wrong about this, but a careful study of the dossier does not indicate the existence of any improper motive or of any other ground which could justify the intervention of the Tribunal."
Keywords:
contract; discretion; fixed-term; grounds; judicial review; non-renewal of contract; working relations;
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 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 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 229
32nd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2(h)
Extract:
"[T]he Director-General did not draw conclusions which are clearly false from the facts brought to his attention. Over and above the various criticisms, couched in more or less veiled terms, of the complainant's relations with other staff members, the organisation's financial difficulties [...] warranted the decision to terminate the appointment of a staff member whose services appeared no longer necessary."
Keywords:
budgetary reasons; conduct; contract; fixed-term; non-renewal of contract; working relations;
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 139
22nd Session, 1969
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The [...] facts show that the complainant's differences with his chiefs were the root cause of the suppression of his post. Such a measure might never have been even considered if the complainant's conduct had always been above criticism. It does not, however, follow that this is a case of abuse of discretionary power. [...] In the case at issue the suppression of post was based on two grounds, one related to the person of the complainant, and the other to the interests of the service. [...] This second ground is sufficient to justify the decision taken in the circumstances of the case."
Keywords:
abolition of post; conduct; organisation's interest; working relations;
Judgment 136
22nd Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The organization seeks to justify the decision [not to renew contract] on the ground that the complainant, by making grave accusations against a colleague, had created a situation which made the smooth working of the [regional office] impossible [...]. The error which the Director-General made - an error which in the opinion of the Tribunal vitiates his decision not to renew the complainant's contract - is that he judged and condemned the accuser before the accusations had themselves been judged".
Keywords:
contract; fixed-term; flaw; non-renewal of contract; working relations;
Judgment 132
21st Session, 1969
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The transfer decision was not based on any specific complaint but "on the need to ensure harmony among the officials [...]. This reason, which because of its very vagueness excludes any suggestion of a disciplinary measure, is in fact one of the reasons justifying transfer in the interests of the organisation in accordance with [the applicable provision]."
Keywords:
grounds; organisation's interest; transfer; working relations;
Judgment 129
21st Session, 1969
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The fact that "inharmonious working relations between the officers concerned in the project were endangering its success, was of itself sufficient, without inquiring into where the fault lay, to support the decision of the Director-General to move the complainant to another assignment."
Keywords:
grounds; organisation's interest; transfer; working relations;
Judgment 56
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Director-General had good reason to believe that [the complainant's] behaviour was not beyond reproach, and that [...] her performance was inadequate and her attitude towards her colleagues insufferable. In these circumstances, it is quite clear that the refusal to renew the complainant's appointment is not tainted by any defect such as would justify either the quashing of the decision or the award of an indemnity."
Keywords:
conduct; contract; fixed-term; non-renewal of contract; output; unsatisfactory service; working relations;
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