Organisation (71, 73, 74, 673,-666)
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Keywords: Organisation
Total judgments found: 211
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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 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"As a rule an official's comments on his subordinates do not give them any right to compensation; otherwise supervisors would express only guarded opinions about their subordinates, and that would be harmful to the organisation's efficiency. The most that can be said is that when a supervisor expresses an opinion which he knows to be untrue for a purely malicious purpose he, or the organisation, will be liable."
Reference(s)
ILOAT Judgment(s): 404
Keywords:
allowance; application for review; consequence; difference; general principle; injury; liability; mistake of fact; organisation; purpose; right; supervisor; work appraisal;
Judgment 435
45th Session, 1980
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organization "would have incurred liability beyond the requirements of the Staff Rules and Regulations only if it had exposed the complainant to a degree of danger incompatible with the normal performance of his duties and beyond the requirements of his contract of appointment." This was not the case. There is no need to consider whether the organization had been negligent by failing to take precautions against the accident in question.
Keywords:
assignment; liability; organisation; professional accident; service-incurred; special hazard;
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;
Judgment 429
45th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"When [the complainants] joined the staff they naturally took a keen interest in pension matters such as the amount of their contributions and of the pension itself, and perhaps they did acquire a right from the rules on such matters. But the rate of contribution by the [organisation] was a matter of lesser importance to them: its effect on their position was not direct enough for any acquired right to arise."
Keywords:
acquired right; contributions; organisation; pension; pension entitlements; terms of appointment; unjspf;
Judgment 417
44th Session, 1980
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
The Tribunal believes that the complainant was expressly excluded, by his contract of employment, from participation in the Pension Fund. An alteration in the contract could be made only by mutual consent. The Tribunal treats a letter addressed to the complainant as "an offer, which the organization was rightly confident would be accepted to remove the exclusion clause".
Keywords:
amendment to the rules; contract; offer; organisation; participation excluded; pension; unjspf;
Judgment 404
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organisation argues that the second decision under challenge merely upheld the former, that the time limit must therefore be calculated from the date of the first decision (3 October). "In fact the decision of 18 December does not merely confirm the earlier one: it rejects the complainant's application for referral of her case to the Joint Committee and thus bars resort to an internal means of redress. Whether the time limit should run from 3 October or 18 December is therefore a matter of some doubt. It may remain unsettled [...] since the complainant's pleas are manifestly without substance."
Keywords:
confirmatory decision; date of notification; decision; internal appeal; organisation; refusal; start of time limit;
Judgment 402
43rd Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The employee does not have to show that he was being asked to do something foolhardy. It is unnecessary [...] to suggest [...] that the order to return to [the duty station] was irresponsible. It was not, except in the sense that it may be irresponsible to require a staff member to return to a high risk area without offering him full insurance cover. Certainly, it might be said to be irresponsible for a man with dependants [...] to go [...] without full insurance cover."
Keywords:
complainant; duty station; insurance; liability; organisation; special hazard;
Consideration 6
Extract:
"The compensation appropriate to a breach of contract is indemnification for loss actually incurred as a result of that particular breach; it cannot, unless the contract expressly so provides, be settled according to a general tariff."
Keywords:
amount; compensation; liability; material damages; organisation; professional accident; service-incurred;
Consideration 2
Extract:
If an employer has failed to exercise due skill and care in arriving at a judgment on the safety of the place of work, the employee is entitled to compensation in full against the consequences of the misjudgment. "This principle is to be applied with due regard to the nature of the employment. In some employments there are unavoidable risks. A doctor may have to risk infection and a soldier or a policeman to risk bombs. The question in each case is whether the risk is abnormal having regard to the nature of the employment."
Keywords:
damages; duty station; negligence; organisation; right; special hazard;
Consideration 1
Extract:
"If there is doubt about the safety of a place of work, it is the duty of the employer to make the necessary inquiries and to arrive at a reasonable and careful judgement [...]. If [the employee] accepts the order, as prima facie he is bound to do, and the employer has failed to exercise due skill and care in arriving at his judgment, the employee is, subject to any contrary provision in the contract, entitled to be indemnified in full against the consequences of the misjudgment."
Keywords:
acceptance; assignment; damages; duty station; inquiry; investigation; negligence; organisation; organisation's duties; right; special hazard;
Judgment 388
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The Tribunal "will [...] take account [...] of the material and moral prejudice which the complainant suffered because of the extraordinary dilatoriness of the internal appeal proceedings: the [organization] took an inordinately long time to file its memoranda and reach its final decision and was therefore partly to blame for the delay."
Keywords:
administrative delay; internal appeal; material injury; moral injury; negligence; organisation;
Consideration 9
Extract:
It is impossible, several years having elapsed, to determine the precise consequences of the organization's negligence. In view of the existing reservations, it is justified to award the complainant compensation ex aequo et bono. Because of the apparent reluctance of the complainant to seek employment outside the organization and the uncertainty of the effects of the organization's negligence, the Tribunal is inclined to award rather modest damages. But account must also be taken of the material and moral prejudice caused by the inordinately long internal appeal proceedings.
Keywords:
administrative delay; amount; injury; internal appeal; material injury; moral injury; negligence; organisation; procedure before the tribunal;
Judgment 371
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
According to the organisation, the Staff Regulations were not amended but replaced by other Staff Regulations. Hence the Tribunal may not decide to apply the former provisions which are no longer in force. "If a complainant is justified [...] what the Tribunal will do is to treat those provisions as part of the contract of appointment and apply them as such, and award damages for any breach of them."
Keywords:
amendment to the rules; competence of tribunal; judicial review; merger; organisation; staff regulations and rules; terms of appointment;
Judgment 362
41st Session, 1978
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Nothing in the Regulations cited by the complainant suggests "that an elected representative of the staff is employed as such by the organization. Any such interpretation would be destructive of the nature and purposes of the staff association, since, if its representatives were as such in the employment of the organization, they could be instructed by the organization what to do."
Keywords:
independence; organisation; staff representative; staff union;
Judgment 349
40th Session, 1978
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
The organisation was in breach of contract in that it failed to specify and pay the night work indemnity. The complainant is accordingly entitled to be paid the indemnity in full; were it not for a regulation which prescribes that claims relating to the payment of indemnities may not be raised later than six months from the date on which the staff member became entitled to raise such a claim, he would have been entitled to back payments from the time he joined the organisation. But he is thereby barred from claiming more than six months' arrears.
Keywords:
allowance; breach; contract; night differential; organisation; payment; time limit;
Consideration 34
Extract:
"The organisation asks the Tribunal to order the complainant and the interveners to pay an equitable contribution towards the lawyers' fees incurred by the organisation. It is true that the organisation has succeeded against the interveners and on some of the claims made by the complainant. But it has never been the practice of the Tribunal to order the complainant to pay the whole or any part of an organisation's costs even when the claim has entirely failed."
Keywords:
counsel; no award of costs; organisation; practice; refund; tribunal;
Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 13-14
Extract:
There is a clause in the contract which provides that the employment may be terminated by either party upon written notice of two weeks. "The organization contends that if the appointment had been made, it could and would have terminated it by giving a fortnight's notice and accordingly that the indemnity payable to the complainant should be calculated on the loss of two weeks' employment. In the opinion of the Tribunal good faith would forbid the use of a clause of this type simply for the purpose of destroying the contract. There must be reasonable grounds to justify a premature termination."
Keywords:
contract; enforcement; good faith; notice; offer withdrawn; organisation; provision; termination of employment;
Consideration 4
Extract:
The dispute turns on whether or not a contract was concluded. "The question whether the present case is within the Staff Regulation depends on whether a person whom the organization had agreed to appoint formally as a staff member is to be deemed to be de facto a staff member within the meaning of the Regulation."
Keywords:
contract; enforcement; offer; offer withdrawn; organisation; staff regulations and rules; status of complainant;
Considerations 11-12
Extract:
There is nothing to suggest that the organization did not at the time of the contract intend to commit itself. The letter announcing the cancellation did not suggest that there had never been any commitment. The reason given was the financial situation of another body which was said to constitute a case of force majeure [...]. This point has not been pursued. the document constituted a contract for a conditional appointment.
Keywords:
budgetary reasons; condition; contract; force majeure; grounds; intention of parties; offer; offer withdrawn; organisation;
Judgment 328
39th Session, 1977
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The facts as stated are consistent with the possibility that the complainants knew what they were doing and signed the [recruitment] form because they believed, probably correctly, that unless they did so they would not get the appointments they wanted. If this is so, it might be reprehensible conduct by the organization but it would not amount to concealment or to bad faith towards the complainants."
Keywords:
acceptance; complainant; good faith; local status; organisation; terms of appointment;
Summary
Extract:
The complainants claim benefits dependent on their having non-local status. WHO Staff Rule 280.7 sets a retroactive time limit of one year for such claims. The complainants knew what they were doing at the time of recruitment when they signed a modified appointment form in order to obtain their employment. The organization may have acted reprehensibly, but its conduct amounts neither to concealment nor to bad faith: the organization may therefore rely on the material provision.
Reference(s)
Organization rules reference: WHO STAFF RULE 280.7
ILOAT Judgment(s): 272
Keywords:
allowance; consequence; good faith; non-local status; non-retroactivity; organisation; receivability of the complaint; refund; time limit;
Consideration 3
Extract:
"If it can be established that the conduct of the organization was such as to conceal from the complainants in bad faith that they had the claims which they were now putting forward, then the organization could not in the opinion of the Tribunal rely upon the rule [which disallows requests for benefits more than twelve months from the date at which the initial payment would have been due]."
Keywords:
allowance; consequence; good faith; local status; non-local status; non-retroactivity; organisation; receivability of the complaint; refund; request by a party;
Judgment 322
39th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Although the complainant has himself come before the Tribunal, he challenges its competence. [The organisation] conferred on the [...] Tribunal [...] under [its] Staff Regulations competence to hear disputes relating to non-observance, in substance or in form, of those Staff Regulations. The International Labour Organisation accepted that recognition of competence in accordance with the prescribed procedure. Hence the [...] competence derives from an international agreement which takes precedence over rules [*] unilaterally adopted earlier by one of the parties [...]."
[*] The Eurocontrol International Convention recognises the competence of national courts.
Keywords:
competence of tribunal; declaration of recognition; difference; international instrument; organisation; precedence of rules; provision;
Judgment 317
39th Session, 1977
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The [organisation] asks the Tribunal to strike from the complainant's original memorandum a passage which it regards as libellous and irrelevant and in which the complainant alleges that one of her supervisors showed her unwanted attentions. [...] There are no grounds for striking out the complainant's allegations. Since they have a bearing on her work, they are in principle admissible. The fact that they are not proved does not mean that they may be treated as wittingly false."
Keywords:
application for quashing; appraisal of evidence; complaint; elements; organisation;
Judgment 310
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The complainant seeks [...] an order from the Tribunal 'reprimanding those responsible for the substance and cause of the complaint'. The Tribunal has no authority to oversee the work of an organisation or to issue reprimands."
Keywords:
competence of tribunal; organisation;
Judgment 296
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1-2
Extract:
The complainant, an official of the ILO, requests that the UNDP pay him compensation for the loss of and damage to his personal effects. "The complainant was an official of the defendant organisation and his effects were being moved because he was being transferred from one country to another. It is manifest that in a complaint against an organisation the Tribunal cannot make an order requiring payment by some other body." Although the complainant might allege that the UNDP were acting as agents of the organisation to make it responsible, the Tribunal will not decide the question of receivability on this ground.
Keywords:
compensation; competence of tribunal; injury; organisation; other; personal effects; receivability of the complaint;
Judgment 295
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The [organisation] was willing to sign the contract with the complainant as early as 1 October [...] the postponement to 21 October was due entirely to the attitude of the complainant, who of his own accord and for personal reasons delayed coming to [headquarters] [...] the [organisation], which did its utmost to have the complainant's contract ready by 1 October, was not to blame for any delay and was not at fault. The complainant alone was responsible for postponement of the signing of his contract to 21 October and on no grounds whatever can he properly claim any compensation in respect of the period prior to his appointment."
Keywords:
complainant; contract; date; delay; material damages; negligence; organisation;
Judgment 263
35th Session, 1975
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In refusing to promote officials who had resigned the Director-General did not draw any clearly mistaken conclusion from the situation of such officials. Promotion may have two consequences: either a salary increase with new duties and greater responsibilities; or salary increase alone. "In the former case promotion would serve no purpose: the official who had resigned would remain for too short a time in the higher grade to which he had been promoted to perform the duties of the new post. In the latter case the decision not to promote the official is also warranted: [the] purpose [of promotion] is not merely to reward the official for past and present performance but also generally to encourage him to remain for a long period in the service of his employer."
Keywords:
consequence; organisation; promotion; purpose; refusal; resignation; separation from service;
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