Organisation's interest (551,-666)
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Keywords: Organisation's interest
Total judgments found: 209
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Judgment 1399
78th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"As the Tribunal acknowledged in Judgment 885, an organisation may find it awkward in all sorts of ways to defend its case when a complainant is stubbornly bent on indiscriminate exercise of the right of appeal. But the issues the present complainant has raised are not such that the Tribunal sees his complaint as any abuse of his right of appeal. That right is a safeguard for organisation and staff alike and the exercise of it is to be denied only in extreme and quite exceptional cases."
Reference(s)
ILOAT Judgment(s): 885
Keywords:
organisation's interest; right of appeal; safeguard; staff member's interest; vexatious complaint;
Judgment 1398
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"All organisations need computer technology and there is nothing wrong with making staff who draft and write search reports and the like work with software and submit their output in a readily usable format. [...] EPO officers have wide discretion over matters of organisation and the EPO is not to be held liable for bringing conditions of work up to date. It thereby infringed none of the safeguards the staff enjoy; nor may it be deemed to have altered the job description of search examiners, which, [...] is cast in very general terms."
Keywords:
discretion; executive head; organisation's interest; post description; reorganisation; safeguard;
Consideration 6
Extract:
"The President has wide discretion over the organisation of work and he is not bound to consult the advisory bodies set up under the Service Regulations before introducing new means of improving staff efficiency. In any event the impugned decision made no change in the rules on work arrangements that required such consultation under Article 38."
Reference(s)
Organization rules reference: ARTICLE 38 EPO SERVICE REGULATIONS
Keywords:
advisory body; advisory opinion; discretion; executive head; organisation's interest; reorganisation; staff regulations and rules;
Judgment 1388
78th Session, 1995
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"According to consistent precedent promotion is at the discretion of the organisation, which must be free to grant or withhold it in accordance with objective working requirements. It follows that any grant of promotion at the time of retirement is inherently contrary to the organisation's interests because by then there can no longer be any question of taking on the higher level of responsibility that promotion entails."
Keywords:
case law; date; discretion; effective date; organisation's interest; promotion; retirement; right; separation from service;
Judgment 1386
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
Consistent precedent has it "that the administrative authority has the widest measure of discretion in confirming the appointment of a probationer (see Judgments 503, [...] under 2; 687, [...] under 2; 1052, [...] under 4; and 1161, [...] under 4). The purpose of such discretion is to ensure that the organisation may choose staff in full freedom and independence and in so doing it will assess the imponderable aspects of the probationer's personality, which must pose no threat to the harmony of staff relations. Here the Tribunal will not intervene in the administration's choice except in the event of abuse of authority or a clear mistake of law or of fact."
Reference(s)
ILOAT Judgment(s): 503, 687, 1052, 1161
Keywords:
case law; contract; criteria; discretion; judicial review; official; organisation's interest; permanent appointment; probationary period; working relations;
Judgment 1381
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 18 and 20
Extract:
During a staff meeting the complainant spoke out on issues of a personal nature. Although he then heeded an order not to raise personal matters at staff meetings, "his subsequent remarks show some defiance, even if they were not intended to threaten; by circulating the text of his statement to the staff he thwarted that ruling; and the language he used in it, and his refusal to withdraw it,only made matters worse. He was thereby guilty of misconduct likely to undermine the authority of his supervisors and to disrupt the functioning of the organization by embroiling other officials in personal disputes. [...] The organization was justified in deciding not to renew the complainant's appointment."
Keywords:
conduct; contract; fixed-term; insubordination; non-renewal of contract; organisation's interest; serious misconduct; staff member's duties;
Judgment 1376
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"According to the case law - see for example Judgment 607 [...] under 8 - though the rules on internal appeals must be respected because proper administration so requires, 'they are not supposed to be a trap or a means of catching out a staff member who acts in good faith'."
Reference(s)
ILOAT Judgment(s): 607
Keywords:
case law; good faith; internal appeal; internal remedies exhausted; organisation's duties; organisation's interest; right of appeal; staff member's interest; time limit;
Judgment 1369
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
An international organisation is "free to choose whatever methods or means it likes - be they formal rules or contracts of employment - to define the terms of appointment of staff. But any collective agreement it does conclude becomes part of the law of the international civil service. Signing such an agreement puts it under obligations in law; a member of its staff may plead such obligations in a complaint to the Tribunal; and the Tribunal will review compliance with the letter and spirit of the agreement."
Keywords:
collective agreement; collective rights; international civil service principles; judicial review; organisation's duties; organisation's interest; right; right of appeal; staff union agreement; working conditions; written rule;
Consideration 26
Extract:
Eurocontrol "has consistently maintained that its following the [European] Communities does not impair its administrative autonomy or its right to set pay according to its own needs. So, although it eventually put an end to discrepancies that had proved rather awkward than helpful, that does not at all mean that alignment with pay in the communities must be immediate and complete."
Keywords:
binding character; law of european communities; limits; organisation's interest; salary;
Consideration 31
Extract:
"The duty to explain a decision differs in content when an organisation takes over as a whole the decisions on pay that another one - in this instance the [European] Communities - has already adopted. [...] So on falling into line with the Communities Eurocontrol had no further obligation to give an explanation especially since it was the staff themselves who had been demanding alignment."
Keywords:
duty to substantiate decision; law of european communities; limits; organisation's interest; rule of another organisation; salary; staff member's interest;
Judgment 1363
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 24 to 26
Extract:
The complainant submits that while on leave without pay he was free to earn money without being bound by any professional obligations as an employee of the EPO. "The plea fails. An official who is granted leave for any reason remains bound by all professional obligations but one - for that is what leave means - the performance of duties [...] so the complainant must be judged on his behaviour throughout the period of his employment in the organisation, no diminution whatever of his obligations being admissible while he was on leave."
Keywords:
amendment to the rules; organisation's interest; staff member's duties; unpaid leave;
Consideration 38
Extract:
The complainant alleges that the charges against him of misconduct and his subsequent dismissal were mistaken. On the evidence "the Tribunal is satisfied that the complainant was in breach of his professional obligations throughout the period of his service at the EPO in that without leave he had set up and was running a consultancy firm under cover of his main professional activity. Such professional misconduct was compounded by the coincidence between the area of the firm's business and the EPO's own area of competence and by his offering or actually providing services to his customers that were connected with his official duties at the EPO."
Keywords:
conduct; continuing breach; disciplinary measure; misconduct; organisation's interest; outside activity; serious misconduct; staff member's duties; termination of employment;
Consideration 42
Extract:
The complainant was charged with serious misconduct and dismissed. He regards the penalty he received as disproportionately severe in that, among other things, the organisation reduced his severance grant. "The EPO was fully justified in getting rid of an employee whose doings were a constant challenge to its authority and deeply disruptive of the public service and in using its power under [...] the Service Regulations to impose on him the further penalty of making the maximum allowable reduction in severance grant."
Keywords:
amount; breach; organisation's interest; staff member's duties; staff regulations and rules; terminal entitlements; termination of employment;
Judgment 1361
77th Session, 1994
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The Tribunal reaffirms that its rulings have the force of res judicata and are binding on the organisations that have recognised its jurisdiction. Any organisation that offends against that rudimentary principle by refusing to give effect to judgments it does not care for is disregarding the rights of staff and its own interests and is acting in breach of the obligations that it has assumed by recognising the Tribunal's jurisdiction."
Keywords:
acceptance; application for execution; competence of tribunal; continuing breach; execution of judgment; judgment of the tribunal; organisation's duties; organisation's interest; res judicata; staff member's interest;
Judgment 1358
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The organisation brought in reforms which involved "reassignment of staff together with their posts in the context of a new structure but without the creation of any new posts. The reforms may have altered the position of some in the hierarchy and their duties but, being brought about by transfer of their posts, did not affect their status under the Staff Regulations."
Keywords:
amendment to the rules; assignment; lack of injury; organisation's interest; post description; staff regulations and rules; transfer;
Judgment 1357
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The organisation is free to withdraw a notice of vacancy at any time, even when, as in this case, the process of selection has gone quite far. The conclusion is that the complainant's internal appeal disclosed no cause of action at the time of filing and that his complaint must fail for the same reason, there being no need to entertain his arguments on the merits."
Keywords:
competition; discretion; internal appeal; no cause of action; organisation's interest; post; procedure before the tribunal; receivability of the complaint; vacancy notice;
Judgment 1349
77th Session, 1994
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"An organisation enjoys wide discretion in deciding whether or not to renew a fixed-term appointment and a fortiori whether to convert it into an indefinite one. The exercise of such discretion is subject to review, but only to limited review, the Tribunal respecting the organisation's freedom to determine its own requirements and the career prospects of staff."
Keywords:
amendment to the rules; contract; discretion; duration of appointment; fixed-term; judicial review; limits; non-renewal of contract; organisation's interest; permanent appointment;
Consideration 14
Extract:
"Professional shortcomings are a typical justification for straightforward separation on expiry of a temporary appointment".
Keywords:
cause; contract; fixed-term; judicial review; non-renewal of contract; organisation's interest; unsatisfactory service;
Judgment 1347
77th Session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15-16
Extract:
The complainant received a study allowance for her tuition costs in an amount greater than she was entitled to. The PAHO asked her to repay the overpayment and took away some of her responsibilities. She regards the removal of certain responsibilities as unwarranted disciplinary action. But "the PAHO was entitled to take administrative action to prevent lapses in the future. Changing her duties for those reasons may not be regarded as a disciplinary measure either."
Keywords:
allowance; amendment to the rules; disciplinary measure; education expenses; organisation's interest; post description; recovery of overpayment; unjust enrichment;
Judgment 1346
77th Session, 1994
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Before suspending an official "there is no question [...] of letting the official have all the written evidence on which the charges against him are to rest. All that need be said here is that the complainant was given clear and accurate information about the disciplinary action his behaviour was deemed to warrant. The conclusion is that there was no breach of due process."
Keywords:
disciplinary procedure; lack of injury; organisation's interest; right to reply; staff regulations and rules;
Consideration 11
Extract:
The complainant was dismissed for serious misconduct. The complainant does not succeed "in his contention that Interpol's real intent was to abolish his post as system programmer and replace it with one for an operations technician. There is no evidence to bear that out. Even if the organization did mean to reform its computer service, that afforded no grounds for the complainant's disobedience let alone for supposing, as he makes out, that such abolition prompted his dismissal."
Keywords:
abolition of post; insubordination; lack of evidence; organisation's interest; staff member's duties; termination of employment;
Judgment 1335
76th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Decisions to renew or extend fixed-term appointments are at the discretion of the executive head, on the understanding, however, that he shall exercise it for the good of the organisation and in its interests."
Keywords:
contract; decision; discretion; executive head; extension of contract; fixed-term; limits; organisation's interest;
Judgment 1328
76th Session, 1994
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The possibility of cancellation of WIPO's recognition of the Tribunal's jurisdiction calls for no comment save that making an international organisation's decisions subject to judicial review affords a basic safeguard both of its own interests and of staff rights."
Keywords:
application for execution; competence of tribunal; declaration of recognition; judicial review; organisation's interest; right of appeal; safeguard; staff member's interest;
Judgment 1323
76th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
Vide Judgment 133.
Reference(s)
ILOAT Judgment(s): 133
Keywords:
candidate; career; internal candidate; legitimate expectation; organisation's interest; post; priority; professional experience; satisfactory service; seniority; staff member's interest;
Judgment 1317
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 28
Extract:
The organisation says that the non-renewal of the complainant's appointment was warranted by restructuring operations in its regional offices. "The duty to state the reasons for a decision forms part of any due administrative process. The Tribunal is not questioning that there was an objective need for the reforms the Union brought in [but] the Union ought to have explained to him why the reforms warranted removing him. It did not. The ITU ignored a long line of precedents on non-renewal procedure."
Keywords:
case law; contract; discretion; duty to substantiate decision; fixed-term; non-renewal of contract; organisation's interest; reorganisation;
Consideration 24
Extract:
Several recent rulings [...] sharply define the ambit of such review in line with the case law affirmed from the outset: see Judgments 956 [...] under 2 and 3; 1262 [...] under 4; and 1273 [...] under 8.
Reference(s)
ILOAT Judgment(s): 956, 1262, 1273
Keywords:
abuse of power; case law; contract; decision; discretion; due process; duty to substantiate decision; fixed-term; flaw; formal flaw; judicial review; mistake of fact; misuse of authority; non-renewal of contract; notice; organisation's interest; procedural flaw; right to reply;
Judgment 1277
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"Acknowledging that a staff member has a right to leave work by way of protest against an administrative decision he does not care for would indeed mean letting him take the law into his own hands and do justice unto himself. The right of 'legitimate defence' and self-help that the complainant is claiming is alien to due process and, if tolerated, would wreak havoc in any administration."
Keywords:
due process; organisation's interest; staff member's duties; unauthorised absence;
Judgment 1276
75th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"It is [...] proper to take consistent EPO practice as a guideline: it would be quite unreasonable to put on a poorly drafted text a construction that disrupted such administrative practice. Everyone concerned has till now seen it as striking a fair balance".
Keywords:
interpretation; organisation's interest; practice; staff regulations and rules; tribunal;
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