Organisation's interest (551,-666)
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Keywords: Organisation's interest
Total judgments found: 209
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Judgment 939
65th Session, 1988
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 30
Extract:
"If the organisation's best interests so require, if the post suits the appointee's qualifications and if his contract so permits, the assignment may be ordered even against his wishes."
Keywords:
discretion; organisation's interest; staff member's duties; transfer;
Judgment 937
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"As the Tribunal said in Judgment 271, the primary purpose [of home leave] is not to make [...] a monetary concession: it is to an international organisation's advantage that staff should maintain their links with their home countries."
Reference(s)
ILOAT Judgment(s): 271
Keywords:
home leave; organisation's interest; purpose;
Judgment 911
64th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"The grant of facilities to a staff association is not a privilege the organization may withdraw as it pleases. The reason why it grants them is not just goodness of heart but its own broad interest in having the association perform its responsibilities fully and efficiently. Thus it is the organization's own interest that decrees the grant of facilities and, conversely, they may not be withdrawn entirely or in part unless that interest so requires. Such are the principles the Tribunal applied in Judgment 496 and others and will apply to this case."
Reference(s)
ILOAT Judgment(s): 496
Keywords:
facilities; organisation's interest; staff union;
Judgment 901
64th Session, 1988
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Even where termination before expiry is due to the necessities of the service there must be explanation and justification of the decision because it amounts to unilateral breach of the contract. The Director-General does not then have the discretionary authority he may exercise on expiry and, for one thing, the Tribunal will consider whether the decision serves the organisation's interests, as it should."
Keywords:
contract; discretion; duty to substantiate decision; fixed-term; judicial review; organisation's interest; termination of employment;
Judgment 883
64th Session, 1988
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Director of an organisation has wide discretion in determining transfers. His discretionary powers are not however unlimited. He must take account of both the organisation's interests and the staff member's particular abilities and interests. But in cases where these differ, the organisation's interests shall carry greater weight.
Keywords:
discretion; organisation's interest; staff member's interest; transfer;
Judgment 857
63rd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal observes that the non-renewal of the complainant's appointment was not tainted by any fatal flaw. The decision was taken by the Director-General at his discretion and was founded on inadequacies in the complainant's work and on the needs of the organization.
Keywords:
contract; discretion; fixed-term; non-renewal of contract; organisation's interest; unsatisfactory service;
Judgment 851
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant objects to provisions in the new guidelines which discount periods of professional activity to the detriment of staff members on duty at 31 December 1984, since such experience may, in certain cases, be counted in full only for staff recruited after that date. The Tribunal observes that the Circular concerns recruitment and is intended to draw the skilled people needed by the Organisation. Accordingly, the Tribunal finds that the distinction at issue answers a need within the Organisation.
Keywords:
administrative instruction; amendment to the rules; equal treatment; organisation's interest; professional experience; provision; reckoning; seniority; terms of appointment;
Considerations 22-23
Extract:
Circular 144 limits total reckonable experience to twelve years. The purpose of this provision is "to deter late-comers and those who would otherwise hamper the advancement of others who have preferred to spend most of their career in the EPO. [This limit] reflects a reasonable policy on recruitment and career development."
Reference(s)
Organization rules reference: CIRCULAR 144
Keywords:
administrative instruction; career; limits; organisation's interest; professional experience; purpose; reckoning; seniority; terms of appointment;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Order
Extract:
"The President may direct proceedings and even if not expressly so empowered may order suspension. Since a complainant may withdraw a complaint he may also apply for suspension. Such application will succeed unless the advantage to the complainant of suspending the proceedings is outweighed by the advantage to the defendant of pursuing them."
Keywords:
competence; implied powers; no provision; order; order of suspension; organisation's interest; president of the tribunal; procedure before the tribunal; request by a party; staff member's interest; withdrawal of suit;
Consideration 19
Extract:
In order to justify the imposition of special leave, it "must be shown [...] that use was not made of the special leave for any purpose extraneous to the Organization's interests and that the arrangement was a reasonable though not necessarily the only reasonable way out of the dilemma."
Keywords:
condition; organisation's duties; organisation's interest; purpose; special leave;
Judgment 808
61st Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"The Director-General may assign the staff as the organisation's interests require provided he respects their grades and the grading structure."
Keywords:
assignment; discretion; limits; organisation's interest; transfer;
Judgment 631
54th Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 29
Extract:
"The Director-General took the impugned decision in the exercise of his discretion. This means that the Tribunal will not interfere with it merely because they think it to be wrong. They must be satisfied, to put it briefly, that it was not only wrong but wrongly motivated or based on an error of law or a complete misapprehension of the facts. Moreover, where [...] the interests of the organization form the sole criterion for the decision, the Tribunal will be reluctant to interfere since the Director-General must normally be regarded as the best judge of what those interests are."
Keywords:
assignment; discretion; judicial review; organisation's interest; transfer;
Judgment 630
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
All staff members should hold a post and perform the duties pertaining thereto. This "principle will not in practice have the effect of impairing the legitimate authority of the head of branch. Work requirements will determine how staff are to be assigned, and the result may be that a staff member has some of his duties taken away from him or is set to work that does not quite match his inclinations or even his talents. The supervisor is also entitled to propose that a staff member be moved [...] but so long as the staff member remains in a particular branch the head must see to it that he is given real work."
Keywords:
assignment; official; organisation's duties; organisation's interest; post; qualifications; refusal to assign work; request by a party; right; staff member's duties; supervisor; transfer;
Judgment 628
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Director-General has a duty to ensure that the organisation is efficiently run. If in seeking to preserve efficiency he exercises his discretion not to renew a contract, it must be taken, unless the contrary is proved, that he is acting in the best interests of the organisation."
Keywords:
contract; fixed-term; non-renewal of contract; organisation's interest;
Judgment 600
52nd Session, 1984
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The question is [...] whether [the complainant] continues to be worth his place in the organisation. If he does, it is prima facie in the interests of the organisation to retain his services; if he does not, it is the Director-General's duty to allow the appointment to terminate. The Director-General must reach an informed and unprejudiced conclusion, but that is all that is required of him."
Keywords:
contract; discretion; fixed-term; limits; non-renewal of contract; organisation's interest; right to reply;
Judgment 592
51st Session, 1983
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The report on the complainant's performance expresses reservations about it; it appears from several items filed that there was disagreement between the complainant and those he was in touch with. "The Tribunal accordingly holds that the [...] decision [not to renew the complainant's appointment] should be deemed to be in the ITU's interests and therefore suffers from none of the defects which would entitle the Tribunal to set it aside. In particular it does not draw any clearly mistaken conclusions from the facts. The complaint must therefore be dismissed."
Keywords:
contract; fixed-term; non-renewal of contract; organisation's interest; working relations;
Judgment 535
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1 and 3
Extract:
A staff rule stipulates that "the general method of filling vacancies is to hold a competition, and reassignment without promotion in the interest of the [organization] is an exception. [...] Whether a post should, in the interest of the Bureau, be filled without holding a competition is a matter of discretion".
Keywords:
competition; discretion; exception; organisation's duties; organisation's interest; transfer; vacancy;
Judgment 534
49th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The head of an international organisation is responsible for the sound administration of its secretariat. For the purpose he is vested with executive authority to assign staff to different posts, with due regard to their particular qualifications, so as to maintain the highest possible standards of efficiency."
Keywords:
assignment; discretion; organisation's interest;
Judgment 525
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Home leave is of benefit to the organisation, which has an interest in ensuring that its employees keep in touch with the place with which they have special connections, namely the home country. "This benefit would be sacrificed by a strict and rigid interpretation of the term 'home' which required the staff member to take home leave in the country of his origin or nationality."
Keywords:
home leave; organisation's interest;
Judgment 496
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
The grant of facilities to the staff association is not a privilege which can be withdrawn at will. "The organization does not provide facilities purely out of benevolence but because it is in the interests of the organization that the functions which the association discharges should be fully and competently performed. Facilities should be granted only when it is in the interests of the organization that they should be; likewise, they should be withdrawn, wholly or in part, only when the withdrawal is in the interests of the organization."
Keywords:
facilities; organisation's interest; staff union;
Judgment 476
47th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"In view of [the complainant's] supervisors' categorical and unanimous opinion [...] the Director-General did not exceed the limits of his discretion in concluding that the transfer was in the [organisation's] interests and therefore in accordance with [the applicable] provision. [...] The conclusions he drew from the evidence may have been arguable, but they were not clearly mistaken".
Keywords:
advisory opinion; discretion; organisation's interest; supervisor; transfer;
Judgment 455
46th Session, 1981
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant had a fixed-term appointment of two years, including one year's probation. The probationary period was extended with an indication that without substantial improvement the appointment would be terminated. His contract was terminated under a provision "that the Director-General may at any time terminate the appointment of a staff member who is serving a probationary period if in his opinion it would be in the interests of the organization to do so. [...] Where, as in this case, there is ample evidence to support the conclusion that the complainant's work was unsatisfactory [...] it is not open to the Tribunal to reassess the evidence".
Keywords:
discretion; judicial review; organisation's interest; probationary period; termination of employment; unsatisfactory service;
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