Organisation's interest (551,-666)
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Keywords: Organisation's interest
Total judgments found: 209
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Judgment 448
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8(b)
Extract:
"The political activities [the complainant] is said to have engaged in were never investigated and cannot therefore serve to excuse the inadequacy of the grounds for the decision. Even though the protests came from governments of [the Organization's] member states they are not decisive. The Organization cannot bow to a government's wishes before making sure that they are compatible with its own interests."
Keywords:
contract; fixed-term; independence; lack of evidence; member state; non-renewal of contract; organisation; organisation's interest; political activity;
Judgment 447
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Under the Staff Rules the Director, in making a transfer decision, should take account of an official's own interests, provided they are not at variance with the organization's wider interests. Before transferring the complainant against her wishes, the Director ought to have made sure that there was no other staff member fit and willing to take up the material post; he should if necessary have held a competition. In view of her age, seniority and outstanding work record, the complainant was entitled to better treatment.
Keywords:
organisation's duties; organisation's interest; staff member's interest; transfer;
Judgment 431
45th Session, 1980
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The executive head of an organisation is bound at all times to safeguard its interests and, where necessary, give them priority over others. One area in which the rule applies is staff recruitment. [...] But he may not forgo taking a decision in the organisation's interests for the sole purpose of satisfying a Member State. The organisation has an interest in being on good terms with all Member States, but that is no valid ground for a Director-General to fall in with the wishes of every one of them."
Keywords:
appointment; independence; member state; organisation; organisation's interest;
Consideration 7
Extract:
In letting the interests of a Member State prevail over those of the organisation for no valid reason, the Director-General committed a misuse of authority which taints his decision not to renew the contract. The Tribunal need not consider whether the impugned decision is further tainted with any error of law.
Keywords:
abuse of power; contract; fixed-term; member state; misuse of authority; non-renewal of contract; organisation's interest;
Judgment 427
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"Prima facie it was in the interests of the organization that the complainant's contract should be renewed. [...] It would not be in the interests of the organization [...] that staff members who are free to run for the office of director should not also feel free to do so without fear of suffering adverse consequences. [...] It would be impossible on any objective assessment of the situation to justify as in the interests of the organization a decision to pay the complainant for six months for doing nothing rather than to give him the opportunity of making good his promise [to co-operate]. [...] The Tribunal considers that on the evidence the high probability is that the complainant would have given useful and loyal service to the organization for the rest of his career."
Keywords:
contract; fixed-term; non-renewal of contract; organisation's interest; presumption; special leave;
Judgment 415
44th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"If [...] the post is being abolished, it does not necessarily mean that the contract can be terminated without any further consideration. The Director-General must still consider whether there is any other work which the official can usefully do and which it is in the interests of the organisation that he should do."
Keywords:
abolition of post; organisation's duties; organisation's interest; reassignment;
Judgment 412
44th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The material provision empowers the Director-General at his discretion to authorise officials to work half-time. "The reasons given for the application should be well founded, but this is not the only [requirement]: [...] the authorisation to work half-time should be fully in the interests of the [organisation]. In other words the Director-General enjoys wide discretion: he will exercise it first and foremost in the light of what the [organisation's] interests demand."
Keywords:
discretion; executive head; grounds; organisation's interest; part-time employment; request by a party;
Judgment 406
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
In the circumstances of the case, it appears to be natural that the appointment should not be renewed. In his submissions the complainant offers no proof of prejudice or illegality. The material "may or may not be such as would give the complainant a remedy for breach of contract. But its only relevance to a complaint of non-renewal is to show that the relationship between the parties was such that it could not conceivably be in the interests of the organization to continue it."
Keywords:
contract; fixed-term; non-renewal of contract; organisation's interest;
Considerations
Extract:
There is provision for the possibility of an extension and an expert, "whose assignment has run smoothly and for whom the circumstances show a continuing need, is entitled to expect that [...] an unprejudiced decision will be taken in the interests of the organisation. This does not mean that the organisation is required to justify a non-renewal as if it was an interference with a contractual right."
Keywords:
contract; fixed-term; legitimate expectation; non-renewal of contract; organisation's duties; organisation's interest; project personnel;
Judgment 405
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
It appears from the dossier that "the sole reason for the action taken with regard to the complainant [change of duties] was the desire of the chief of the department to employ his subordinates more efficiently. The Tribunal will not review the supervisor's appraisal of the complainant's performance provided that [...] he acted solely in the interests of the organisation."
Keywords:
amendment to the rules; assignment; discretion; judicial review; organisation's interest; work appraisal;
Consideration 1
Extract:
"Provided that he does not alter the grade, reduce the salary or show lack of consideration, the Director-General is free to assign provisionally to staff members the duties of officials holding a lower grade if that is in the organisation's interests."
Keywords:
assignment; discretion; organisation's duties; organisation's interest;
Judgment 403
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"It is [...] generally accepted that the existence of a good and efficient staff association is essential to good staff relations and so is a concern of the administration. All organisations therefore have in their regulations a section [...] in which the ways of maintaining contact between the administration and the staff association are described."
Keywords:
freedom of association; organisation's interest; provision; staff regulations and rules; staff union;
Judgment 402
43rd Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
An abnormal risk "might be quite a sensible risk for a man to take who had a sufficient motive for taking it. But an employee is not obliged to run abnormal risks for the benefit of his employer, at any rate unless he is given insurance cover."
Keywords:
insurance; organisation's interest; special hazard; staff member's duties;
Judgment 396
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"It is the Director-General who defines the interests of the organization, referred to in the regulation [concerning the termination of a probationer's appointment], and so he enjoys discretionary authority."
Keywords:
discretion; organisation's interest; probationary period; termination of employment;
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;
Judgment 391
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7 and 15
Extract:
The organisation imposed four unpaid days of leave on officials. The decision "was [...] true to the aims of [the organisation] which, in the interests of workers, not only safeguards their employment but protects its terms." It was not contrary to the interests of the organisation. "Although it was not of benefit to Member States, it was in keeping with the [organisation's] aims, and so with its interests as construed by its founders."
Keywords:
budgetary reasons; compensatory measure; deduction; leave; organisation's interest; reduction of salary; salary;
Judgment 389
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
On several occasions the complainant was criticised for his inability to carry out his duties [too academic, lack of practical sense, insufficient knowledge of language of communication]. His transfer was requested. "Since those criticisms were made by the complainant's immediate supervisors [...] they demanded attention. [...] It was open to the Director-General, without exceeding or abusing his discretionary authority, to conclude that it would not be in the [organization's] interests to continue to employ the complainant."
Keywords:
discretion; knowledge of languages; organisation's interest; probationary period; qualifications; termination of employment; unsatisfactory service;
Judgment 372
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
The privileges at issue derive from the headquarters agreement and have been expressly granted in the interests of the organisation. "Hence, according to the terms of the agreement [...] the privileges granted [...] and now claimed by the complainant were not a personal right, and so could not have been of decisive importance to him when he accepted appointment. Furthermore, he may not rely on an express guarantee in his contract; "new staff members should [...] have realised that the benefits depended" on an agreement with a state which could be amended at any time. He may not rely on an acquired right.
Keywords:
acquired right; contract; headquarters agreement; international instrument; member state; organisation's interest; privileges and immunities; provision; terms of appointment;
Consideration 2
Extract:
The organisation maintains that the privileges and immunities enjoyed by the staff under headquarters agreements are not granted for their personal advantage. They are granted in the organisations' interests and so the organisations alone may demand that they continue. The relationship between an international organisation and a state falls outside the competence of the Tribunal. "In fact the question is not one of competence. what has to be decided is whether or not the complainant is entitled to continue to enjoy certain privileges. That is a matter of substance and should be treated as such."
Keywords:
competence of tribunal; headquarters agreement; organisation's interest; privileges and immunities; purpose;
Judgment 369
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Vide Judgment 372, consideration 2.
Reference(s)
ILOAT Judgment(s): 372
Keywords:
competence of tribunal; headquarters agreement; organisation's interest; privileges and immunities; purpose;
Considerations 10-11
Extract:
Vide Judgment 372, considerations 5 and 6.
Reference(s)
ILOAT Judgment(s): 372
Keywords:
acquired right; contract; headquarters agreement; international instrument; member state; organisation's interest; privileges and immunities; provision; terms of appointment;
Judgment 358
41st Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Although the Director is empowered to extend a staff member's appointment to the age of 65, he is in no case bound to do so. He may exercise that authority to allow an exception only in the interests of the [organisation], not in the exclusive interests of the staff member. In deciding on the complainant's case he would have to bear in mind the possibility that the complainant might obtain a pension, but that was only one fact to be taken into account among others."
Keywords:
age limit; contract; contributory service; discretion; extension beyond retirement age; organisation's interest; pension; retirement; staff member's interest;
Judgment 354
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In deciding whether or not to extend a staff member's appointment the Director-General must take account of all the facts in the file of the person concerned. Where the latter has been subject to a disciplinary sanction, that must be weighed against other facts in the staff member's favour in order to reach a decision in the organisation's interests alone. It is lawful, save in exceptional circumstances, to take into account a disciplinary sanction. To impose a covert disciplinary sanction would be unlawful.
Keywords:
contract; disciplinary measure; fixed-term; hidden disciplinary measure; non-renewal of contract; organisation's interest;
Judgment 353
41st Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
According to the general principles of the international civil service, "a supervisor may suspend from duty, forthwith and without formality, a staff member who is manifestly guilty of misconduct serious enough to make it clear that it is incompatible with the organisation's interests to keep him on the staff. Suspension is a provisional measure and reserves the staff member's rights; it should be followed by an inquiry which affords him full safeguards and as a rule requires notably action by the head of the organisation."
Keywords:
competence; disciplinary procedure; international civil service principles; misconduct; organisation's interest; safeguard; supervisor; suspension;
Judgment 351
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
There is no evidence that the dismissal in question was based on reasons extraneous to the interests of the organization or was tainted with abuse of authority. The organization maintains that the measure was due solely to the savings which it must now make. "The Tribunal may neither pass judgment on a policy which falls within the sole competence of the [organization] nor review action taken in pursuance of that policy."
Keywords:
budgetary reasons; contract; discretion; fixed-term; judicial review; non-renewal of contract; organisation's interest;
Judgment 325
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant refused two successive appointments. His appointment under a contract of indeterminate duration was terminated; "it appears from the documents in the dossier that the Director-General ordered the transfers in the interests of the organization and that the allegation of abuse of authority is not proved."
Keywords:
complainant; contract; organisation's interest; permanent appointment; refusal; termination of employment; transfer;
Considerations
Extract:
The provisions cited "are in keeping with the general principles of international public service, which affirm the priority of the general interest, represented in each organisation by the Director-General, over individual interests."
Keywords:
international civil service principles; organisation's interest; staff member's interest;
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