Organisation's interest (551,-666)
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Keywords: Organisation's interest
Total judgments found: 209
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Judgment 312
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Director "did not act unlawfully in abolishing the Spanish-language post held by the complainant, [...] creating a new English-language post and preserving a French-language post. He made an appraisal of fact which, on these points, must prevail."
Keywords:
abolition of post; discretion; organisation's interest; reorganisation;
Judgment 304
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"It is for the [competent] committees and for the Director-General to adapt the conditions of promotion to the [organisation's] requirements. Hence those conditions may change from year to year and, since they do so, different staff members are differently treated according to the dates on which they receive promotion. Where there are administrative reasons for such difference in treatment, it is no breach of the principle of equality laid down in [the Staff Regulations]."
Keywords:
amendment to the rules; competence; criteria; equal treatment; executive head; organisation's interest; promotion; promotion board;
Judgment 301
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
It is for the competent committees and the Director-General to adapt the conditions of promotion to the requirements of the organisation. "Hence those conditions may change from year to year and, since they do so, different staff members are differently treated according to the dates on which they receive promotion. Where there are administrative reasons for such difference in treatment, it is no breach of the principle of equality."
Keywords:
amendment to the rules; competence; criteria; date; effective date; equal treatment; executive head; organisation's interest; promotion; promotion board;
Judgment 300
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 301, consideration 5.
Reference(s)
ILOAT Judgment(s): 301
Keywords:
amendment to the rules; competence; criteria; date; effective date; equal treatment; executive head; organisation's interest; promotion; promotion board;
Judgment 271
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organization contends that when reimbursing travel expenses for home leave account must be taken of costs. "These [...] are questions of policy to be solved before the regulation is framed so that the solution can be embodied in the regulation itself. Once framed, the regulation is conclusive on questions of broad principle and personnel policy. [The Director-General's discretionary authority] to apply it only when he is satisfied that the organization is getting its money's worth cannot be derived from its terms."
Keywords:
amount; discretion; enforcement; home leave; limits; organisation's interest; provision; purpose; refund; staff regulations and rules; travel expenses;
Consideration 4
Extract:
The partial payment of travel expenses would be contrary to the language of the applicable text and inconsistent with the principle of the regulation. "It is agreed that the object of the regulation is not primarily to make a monetary concession to a staff member. It is to the advantage of the organization [...] that staff members should maintain their links with their home countries [...] If the organization pays for only a part of the journey, the principle of home leave will depend on the willingness and ability of the staff member to pay for the rest himself."
Keywords:
amount; home leave; organisation's interest; purpose; rate; refund; travel expenses;
Judgment 269
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In order to lower editorial expenditure the complainant's post was abolished and free-lance staff engaged under contract. "[I]n abolishing the complainant's post and assigning her functions to someone engaged under contract the Director-General was giving effect to [the organization's] policy. It is not for the Tribunal to review such policy, whether it relates to the scope of the [organization's] activities or to its methods of work."
Keywords:
abolition of post; appointment; discretion; external collaborator; judicial review; organisation's interest; reorganisation;
Consideration 2
Extract:
"Far from being determined once and for all, the purposes and structure of an organisation must move with the times and no institution is immune to change. According to circumstances such change in an organisation may entail the abolition of posts. Even if there is no express provision in the Staff Regulations or Staff Rules for such a measure, it is implicit in the principle that no organisation is bound to [conserve] the purposes and policies which it adopted at any particular time [in the past]."
Keywords:
abolition of post; consequence; organisation's interest; reorganisation;
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 267
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Under the applicable provisions, headquarters officials must retire at the age of 62 "unless the Director-General [decides] otherwise for exceptional reasons in the interests of the organization." In the present case, "the Director-General abided by the general rule and was indeed in no way required to grant an exemption."
Keywords:
age limit; contract; discretion; extension beyond retirement age; headquarters official; organisation's interest; retirement;
Judgment 265
36th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Director-General of the organisation, by virtue of the general authority conferred on him as such and in the interests of efficiency, is empowered to change the duties assigned to his subordinates provided that that change is not tainted with any flaw which entitles the Tribunal to interfere. In the present case it is not disputed that the change was not so tainted. In particular, it does not appear from the documents in the dossier that the impugned decision was taken from any motive other than a desire to promote work efficiency."
Keywords:
amendment to the rules; assignment; consequence; discontinuance; discretion; judicial review; organisation's interest; special post allowance;
Judgment 256
34th Session, 1975
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The material provision "provides for the establishment of personal files and gives staff members access at any time to information on their professional situation and in particular reports on their work performance. It also has the purpose of keeping the competent bodies [of the organisation] informed on each staff member's career. Since the provisions were adopted in the interests of staff members as well as of the organisation, it is open to the complainant to allege a breach."
Keywords:
career; organisation's interest; personal file; purpose; staff member's interest; work appraisal;
Judgment 251
34th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The refusal to extend the complainant's appointment is based on the abolition of the complainant's post. Considering the length of his service, the complainant might have expected to be kept on, but "it does not follow that the Director-General exceeded his discretionary authority in taking a decision which there is no reason to doubt was in accordance with the interests of the organization in his charge."
Keywords:
abolition of post; contract; discretion; fixed-term; legitimate expectation; non-renewal of contract; organisation's interest;
Judgment 246
33rd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The organization "is not bound to grant appointments in such terms as to confer on staff members maximum benefit from the fund. On the contrary, although it is of course required to take account of the legitimate interests of staff members on recruitment, in doing so it cannot overlook its own interests."
Keywords:
contract; fixed-term; forfeiture of benefit; organisation's duties; organisation's interest; participation; pension; staff member's interest; terms of appointment; unjspf;
Judgment 245
33rd Session, 1974
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[The] argument [of misuse of authority] can be accepted only if the Director-General was actuated by improper motives. Since it is the Director-General's duty to safeguard the [organisation's] interests at all times, the question arises whether the impugned decision [not to renew the complainant's contract] is in accordance with those interests. the tribunal will not substitute its own opinion of the nature of the [organisation's] interests for that of the highest authorities of the administration, which are the sole judges."
Keywords:
abuse of power; contract; discretion; fixed-term; judicial review; misuse of authority; non-renewal of contract; organisation's interest;
Consideration 5
Extract:
"[B]y causing the complainant serious loss which was not justified by the need to safeguard any interest of the [organisation] the Director-General drew from the dossier conclusions which are clearly mistaken."
Keywords:
contract; fixed-term; forfeiture of benefit; injury; mistaken conclusion; non-renewal of contract; organisation's interest; pension; pension entitlements;
Judgment 243
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
According to the basic principles to be observed in the public service, "a supervisor should exercise supervision and control over all the activities of his subordinates. Such authority is exercised exclusively in the interests of the organisation and in particular its exercise should not impair the efficiency of work."
Keywords:
competence; organisation's interest; purpose; supervisor;
Consideration 4
Extract:
"[T]he complainant alleges that the nature of his duties did not match the description in his contract of appointment. It is inherent, however, in the nature of his supervisory authority that a head of branch should be free to employ his subordinates in the best interests of his branch with due regard to their qualifications. At the highest level, moreover, the Director-General enjoys similar authority [...] to safeguard the interests of the organisation."
Keywords:
assignment; contract; difference; discretion; executive head; organisation's duties; organisation's interest; post description; supervisor;
Judgment 241
33rd Session, 1974
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
There is no "question of misuse of authority. [Indeed] there is no reason to suppose that in terminating the complainant's appointment the Director-General was actuated by motives foreign to the organization's interests."
Keywords:
abuse of power; contract; fixed-term; misuse of authority; non-renewal of contract; organisation's interest;
Judgment 190
28th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
In transferring the complainant in the course of his appointment, as thus properly extended, to a different service, "the Director-General was simply applying the provisions of [the] Staff Regulation[s] under which he has authority to assign an official in the best interests of the organization".
Keywords:
discretion; organisation's interest; transfer;
Judgment 169
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Under the applicable provision, "the Director-General is entitled to terminate at any time the appointment of an official serving a probationary period if in his opinion such action would be in the interests of the organization. Such a decision falls within his discretion".
Keywords:
discretion; judicial review; organisation's interest; probationary period; termination of employment;
Judgment 166
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"With regard to the failure to appoint [the complainant], the proceedings have shown that after consulting various persons qualified to give an opinion on the candidates [...] the [...] chief of service selected [an official] who was already working for him and of whose efficiency and diligence he had personal experience. Such a choice was quite normal and cannot be regarded in itself as being contrary to the interests of the organization or tainted by [bias]."
Keywords:
appointment; discretion; organisation's interest; titularization; work appraisal;
Considerations
Extract:
"The action of the Director-General [...] or of an official acting under his orders in deciding not to renew the temporary appointment of a staff member [lies within] the discretionary power conferred on the head of the organization in the interest of the organization itself. The existence of this discretionary power excludes any right [...] to the renewal of [an] appointment and also restricts the Tribunal's power of review."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; organisation's interest;
Judgment 162
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The Regional Director "was [...] entitled to suspend the complainant and to with hold payment of his salary for the duration of his suspension. The charge that he had engaged in traffic in foreign currency for reward constitutes serious misconduct, since any act by which an official takes advantage of his official status for personal profit falls within the definition contained in [the applicable provision]. [...] The misconduct of which the complainant was accused was such as to deprive him of the confidence of his chiefs, so that his continuance in office was liable to be prejudicial to the organization."
Keywords:
disciplinary measure; inquiry; investigation; organisation's interest; salary; serious misconduct; suspension;
Judgment 161
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Vide Judgment 162, consideration 2.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
disciplinary measure; inquiry; investigation; organisation's interest; salary; serious misconduct; suspension;
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