Organisation's interest (551,-666)
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Keywords: Organisation's interest
Total judgments found: 209
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Judgment 1972
89th Session, 2000
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
The complainant, a director of a department, was made aware of two e-mails which were written in highly indecorous terms and, although private, commented on the running of the department. The Staff Union Committee protested against what it considered to be an invasion of privacy. The complainant did not respect the order to use discretion issued by the Director of Personnel. The Director-General, considering the complainant incapable in his function as Director of a department to maintain a stable and productive working environment, transferred him to a post of special advisor. "As the Tribunal held in Judgment 1018 [...], it is the duty of the head of any international organisation to take whatever measures can reduce tensions among his staff, and a transfer in the interests of the service may be an appropriate way of settling a conflictual situation. [...] However, since it cannot be regarded as disciplinary, the measure must, as the case law prescribes, heed the staff member's dignity and good name and not cause him undue suffering. Clearly, in this case the complainant was bound to view the measure as downgrading him. However, the fact that the organization was at pains to find him an assignment in keeping with his competence if not his wishes, to maintain his grade and to exercise the utmost discretion in dealing with the matter, shows that everything was done to protect his dignity as a senior official."
Reference(s)
ILOAT Judgment(s): 1018
Keywords:
conduct; discretion; downgrading; executive head; hidden disciplinary measure; organisation's interest; respect for dignity; transfer; working relations;
Judgment 1855
87th Session, 1999
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2 and 5
Extract:
The complainant appeals against the Executive Head's decision to dismiss his appeal against the refusal of the organisation to grant him special leave to attend a two-day training course. "It is common ground that the decision as to whether or not to grant a staff member special leave to attend training courses is discretionary. [T]he obligations under Article 29 of the Service Regulations to facilitate training may involve different considerations when one looks at the desirability of the staff member's taking such training, and when one has regard to the effect of the staff member's absence on the functioning of the service. In the present case, the refusal of special leave was justified by the growing backlog of [work]."
Reference(s)
Organization rules reference: ARTICLE 29 OF THE EPO SERVICE REGULATIONS
Keywords:
criteria; decision; discretion; enforcement; organisation's interest; special leave; staff regulations and rules; training;
Judgment 1764
85th Session, 1998
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The complainant is accused of having cheated the Organisation by falsifying airline tickets intended for official travel. "He makes out that [...] there was no express ban on what he did. Even if that were so, employees of the [Organisation] have a duty [...] 'to regulate their conduct with the interests of the [Organisation] only in view', and may not so behave as to harm its good name. There is no need for any express rule against cheating. Common decency, good faith and honest dealing lie at the root of relations between employer and employee. Whoever ventures to ignore that does so at his own peril."
Keywords:
conduct; disciplinary measure; disciplinary procedure; duty of loyalty; fitness for international civil service; honesty; international civil service principles; misconduct; organisation's interest; organisation's reputation; staff member's duties; staff regulations and rules;
Judgment 1755
85th Session, 1998
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"[A]ny ambiguity in the Regulations the [Organisation] has issued should be construed contra proferentem and in favour of the staff."
Keywords:
interpretation; organisation's interest; pension; staff member's interest; staff regulations and rules; written rule;
Judgment 1733
84th Session, 1998
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The authorities of the complainant's home country, who were asked to give an opinion about giving him a promotion, declined their support for him but gave no reasons. If the country "had given a reason the Director General would have had to consider whether it was sound or not and whether refusing him the appointment was in the Agency's best interests. since it offered none, he had no basis on which to exercise his discretion. The complainant was fully qualified for promotion; his abilities were well known to the Agency and appreciated. The paramount consideration mentioned in Article VII.d [of the IAEA Staff Regulations] was heeded, namely seeking staff of the highest standards of efficiency, technical competence and integrity. The reason stated by the Agency for refusing him the appointment which he would otherwise have been granted is therefore untenable and acting from that reason amounted to a mistake in law."
Reference(s)
Organization rules reference: ARTICLE VII.D OF THE IAEA STAFF REGULATIONS
Keywords:
discretion; independence; member state; organisation's duties; organisation's interest; promotion; qualifications; staff regulations and rules;
Judgment 1732
84th Session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"Where a staff member is as highly placed as was the complainant, so that his views might naturally be taken as those of the Organization, the administration must have the ability to prevent such staff member from degrading its reputation. While there can be no doubt that the Organization has a duty to respect its staff members' professional dignity and reputation, that duty is limited by the Organization's corresponding right to require staff members not to promote policies or theories which it believes to be wrong or mistaken."
Keywords:
duty of discretion; limits; organisation's duties; organisation's interest; organisation's reputation; respect for dignity; staff member's duties;
Consideration 8
Extract:
The administration has both the right and the duty to organise itself and to supervise the expenditure of its funds and the movements of its staff in ways which it conceives to be in the best interests of the Organization as a whole. No staff member, even a senior one such as the complainant, has the right to refuse to comply with administrative requirements which are generally applicable throughout the Organization."
Keywords:
discretion; organisation's duties; organisation's interest; staff member's duties;
Judgment 1724
84th Session, 1998
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11-12
Extract:
"Article 3.10.4 of [IFAD's] Manual says that a decision to terminate the contract of employment of an official may be taken by the President, 'and the President alone', in the interests of the Fund. So it does vest discretion in the President to end an appointment in the Fund's interest without resort to disciplinary process. [...] Yet the Fund is mistaken [...] that the President has unfettered authority under the provision to cite the Fund's interests as grounds for dismissal. He must set out the facts fully enough to enable the Tribunal to exercise its power of review and to determine objectively whether it is indeed the Fund's interests that are the reason for the dismissal. As was held in Judgments 1234 [...] under 19 and 1496 [...] under 9, although an organization's 'own interests are paramount [...] it must still, for the sake of proper management and mutual confidence, treat its staff fairly."
Reference(s)
Organization rules reference: ARTICLE 3.10.4 OF IFAD'S MANUAL
ILOAT Judgment(s): 1234, 1496
Keywords:
discretion; duty to substantiate decision; judicial review; limits; organisation's interest; respect for dignity; staff member's interest; staff regulations and rules; termination of employment;
Judgment 1685
84th Session, 1998
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant "must have known that a career in the international civil service might require him to change duty stations at any time."
Keywords:
duty station; official; organisation's interest; staff member's duties; transfer;
Judgment 1661
83rd Session, 1997
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6(a)
Extract:
"Time and again the complainant broke customs regulations to the detriment of the host State under cover of privileges that the Organization is granted in order to carry out its mandate. His conduct was such as to undermine the trust it must enjoy and to compromise the attainment of its objectives. That there was misconduct is indeed beyond gainsaying, especially in someone of his position who went on breaking the rules even after a warning in 1975."
Keywords:
organisation; organisation's interest; privileges and immunities; serious misconduct; warning;
Consideration 6(b)
Extract:
"The complainant managed WHO assets. He was in charge of the resale of superannuated vehicles of the programme under written rules intended not just to protect those assets but also to put trust in the Organization through fair and open management. The complainant broke the rules on resale. [...] That was not only in breach of the material provisions but cast discredit on the programme and gave an impression of arbitrariness, favouritism and graft, even supposing that, as he says, he made no money himself out of it. Viewed objectively, such behaviour became intolerable for the Organization and amounted to misconduct." Dismissal was not disproportionate to his offenses.
Keywords:
organisation's interest; organisation's reputation; serious misconduct; termination of employment;
Judgment 1641
83rd Session, 1997
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7(c)
Extract:
"Though an organisation must observe acquired rights and keep binding promises, it has broad discretion to amend its Staff Regulations either directly or by incorporating the rules of the common system. In the present economic context and if, like many others, it is in financial straits, it may want to cut costs. There is nothing wrong with the common system's having rules that enable it to do so."
Keywords:
acquired right; amendment to the rules; budgetary reasons; coordinated organisations; discretion; limits; organisation; organisation's duties; organisation's interest; promise; purpose; reduction of salary; staff regulations and rules;
Judgment 1590
82nd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The Tribunal will be especially cautious "where the issue is not transfer but the determination or alteration of the duties to be performed on a given post. Here the duties required of the complainant are not different from those provided for at the date of recruitment, the organisation enjoying the widest discretion in matching duties to needs."
Keywords:
amendment to the rules; assignment; discretion; judicial review; organisation's interest; post; post description; transfer;
Judgment 1585
82nd Session, 1997
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Any termination calculated to get rid of an unwanted candidate for a position would offend against the organization's interests and amount to misuse of authority."
Keywords:
abuse of power; candidate; competition; misuse of authority; organisation's interest; termination of employment;
Judgment 1584
82nd Session, 1997
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9 and 11
Extract:
The complainant failed time and again to meet his financial obligations - in particular the payment of alimony to his family - disobeyed the judicial and administrative authorities of the host country and received several prison sentences. The permanent mission of the host country and his creditors approached the Organization many times. "In behaving as he did he obviously showed scant regard for his duties as an international civil servant and betrayed the Organization's trust. It was only reasonable that the WMO should consider that his conduct precluded keeping him on." There was no breach of the rule of proportionality.
Keywords:
conduct; disciplinary measure; fitness for international civil service; misconduct; organisation's interest; organisation's reputation; outside activity; proportionality; staff member's duties; termination of employment;
Judgment 1541
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Refusal to answer an appeal is not obstruction: the litigant may still appeal to the Tribunal against the implied rejection. [...] Moreover, the President of the Office pleads the need to keep down the amount of internal litigation so as not to overload the administration with pointless work and expenditure. He has thereby assessed the Organisation's interests and made an exercise of discretion with which the Tribunal may not interfere in the circumstances of this case."
Keywords:
complaint; direct appeal to tribunal; discretion; executive head; failure to answer claim; iloat statute; implied decision; internal appeal; internal remedies exhausted; judicial review; organisation's duties; organisation's interest; procedure before the tribunal; right of appeal;
Judgment 1525
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Consulting an advisory board before the Director-General takes a decision not to extend an appointment "is no idle formality: it is supposed to afford a means of working out a fair solution. In this case it offered the hope of redeploying someone with a long record of service.Several judgments have stressed the importance of advisory boards: see for example Judgment 352 [...], under 5."
Reference(s)
ILOAT Judgment(s): 352
Keywords:
advisory body; advisory opinion; contract; decision; non-renewal of contract; organisation's interest; patere legem; procedure before the tribunal; purpose; staff member's interest;
Judgment 1450
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
"However municipal law on the grant of fixed-term contracts may vary from country to country, the fact is that in the international civil service such contracts are common and the policy is seen as a proper and even necessary method of administration. So the EPO acted unimpeachably in resorting to fixed-term contracts to get auxiliary work done and so ease the undue rigidity of its staff structure."
Keywords:
contract; domestic law; duration of appointment; fixed-term; international civil service principles; organisation's interest; practice;
Consideration 24
Extract:
"The organisation is free to make whatever use it wishes of the possibility of granting fixed-term contracts. The Tribunal will not interfere in the exercise of such discretion. So there is another issue that it will not entertain, namely whether [...] the complainants' duties were permanent or temporary. Whether duties are permanent or not will depend not just on the sort of work to be done but also on the organisation's own shifting requirements."
Keywords:
contract; discretion; duration of appointment; fixed-term; judicial review; organisation's interest; post description;
Judgment 1437
79th Session, 1995
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant was transferred against his wishes to another unit. There was nothing improper in the decision to transfer him. "The transfer was in the organization's interests" and took lawfully into account such facts as the reform of his old unit and the need for more staff in his new one.
Keywords:
discretion; executive head; judicial review; organisation's interest; reorganisation; transfer;
Consideration 6
Extract:
The complainant was transferred against his wishes to another unit. Thereis no reason to regard his transfer as hidden disciplinary action or to attribute it to his staff union work, it having been taken in the organization's interests.
Keywords:
abuse of power; evidence; hidden disciplinary measure; judicial review; misuse of authority; organisation's interest; staff union activity; transfer;
Judgment 1424
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
In the absence of implementing provisions, "what is required is a reasonable construction of the rule that heeds the rightful interests of staff and organisation alike."
Keywords:
criteria; enforcement; interpretation; organisation's interest; staff member's interest; staff regulations and rules; written rule;
Judgment 1412
78th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant may not, "in the context of a challenge to the choice of career path, object to earlier delays which he believes held up his advancement. Nor has he any grounds for saying that putting him on path V may 'discourage' him: CERN's evident purpose in making such ambitious reforms is to act in the general interest and try to ensure equal treatment for all its staff."
Keywords:
assignment; career; delay; equal treatment; organisation's interest; procedure before the tribunal; promotion; staff member's interest;
Judgment 1405
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Disciplinary proceedings, and the safeguards they afford, are relevant in the event of misconduct warranting disciplinary action while an official is under contract, and one possible sanction is termination of the appointment, whatever its duration may be. Disciplinary proceedings do not apply in the event of due expiry of a fixed-term appointment, when the issue is whether in the light ofpast performance the contract should be renewed. An organisation must be allowed full freedom to decide the issue without having to go through the disciplinary procedure."
Keywords:
consequence; contract; disciplinary measure; disciplinary procedure; discretion; fixed-term; misconduct; non-renewal of contract; organisation's interest; safeguard;
Consideration 3
Extract:
The complainant was charged with unsuitability for the international civil service and the Organization decided not to renew his appointment. "The WHO's reasons for not renewing his appointment might have warranted disciplinary proceedings [...]. Though in no way bound to take disciplinary action against him, it was of course free to take into account any evidence of behaviour that led it to believe - as it does - that he was unfit for international service."
Keywords:
conduct; contract; disciplinary procedure; fitness for international civil service; grounds; non-renewal of contract; organisation's interest; staff member's duties;
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