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Judgment No. 1732

Decision

The Tribunal
1. orders the WHO to pay to the complainant the sum of 5,000 Swiss francs, less any sum previously paid, and to pay him 3,000 Swiss francs in costs;
2. dismisses his other claims.

Consideration 8

Extract:

The administration has both the right and the duty to organise itself and to supervise the expenditure of its funds and the movements of its staff in ways which it conceives to be in the best interests of the Organization as a whole. No staff member, even a senior one such as the complainant, has the right to refuse to comply with administrative requirements which are generally applicable throughout the Organization."

Keywords

complaint allowed; complaint allowed in part; organisation's duties; staff member's duties; discretion; organisation's interest

Consideration 9

Extract:

It has been plain "that an allegation of personal prejudice will rarely be susceptible of direct proof and must usually be established by inference: see Judgment 495 [...]. Where there is a rational and legitimate explanation for the decision, however, the Tribunal should not be overzealous to infer bad faith or improper motive simply because the individuals concerned do not enjoy good personal relations."

Reference(s)

Jugement(s) TAOIT: 495

Keywords

complaint allowed; complaint allowed in part; decision; grounds; evidence; working relations; misuse of authority; bias

Consideration 15

Extract:

"Where a staff member is as highly placed as was the complainant, so that his views might naturally be taken as those of the Organization, the administration must have the ability to prevent such staff member from degrading its reputation. While there can be no doubt that the Organization has a duty to respect its staff members' professional dignity and reputation, that duty is limited by the Organization's corresponding right to require staff members not to promote policies or theories which it believes to be wrong or mistaken."

Keywords

complaint allowed; complaint allowed in part; organisation's duties; respect for dignity; staff member's duties; duty of discretion; organisation's reputation; limits; organisation's interest



 
Dernière mise à jour: 26.09.2014 ^ haut