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Organisation's duties (202, 203, 204, 205, 206, 207, 208, 645,-666)

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Keywords: Organisation's duties
Total judgments found: 615

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  • Judgment 4115


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to downgrade him for serious misconduct.

    Consideration 13

    Extract:

    The disciplinary proceedings were initiated before the appraisal period concluded. In Judgment 3224 the Tribunal said at consideration 7 that an organisation cannot base an adverse decision on a staff member’s unsatisfactory performance if it has not complied with the rules governing the evaluation of that performance. The decision to commence disciplinary proceedings can, for the purposes of the application of this principle, be characterised as an adverse decision. Even if the EPO believed that nothing was going to change, in terms of the complainant’s conduct, between the time the disciplinary proceedings were commenced and the conclusion of the appraisal period a little over a month later, it was nonetheless obliged to complete the assessment of the complainant’s performance in accordance with Circular No. 366 before initiating the disciplinary proceedings.

    Keywords:

    disciplinary procedure; due process; organisation's duties; patere legem; performance evaluation; unsatisfactory service; work appraisal;



  • Judgment 4098


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to select him for a position for which he had applied.

    Consideration 10

    Extract:

    It is well settled in the case law that internal appeals must be conducted with due diligence and in a manner consistent with the duty of care an international organization owes to its staff members (see Judgment 3160, under 16; see also Judgments 3582, under 3, and 3688, under 11). In the present case, there was unreasonable delay in the appeal process[.]

    Reference(s)

    ILOAT Judgment(s): 3160, 3582, 3688

    Keywords:

    delay in internal procedure; duty of care; organisation's duties;



  • Judgment 4097


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decisions to end her participation in the reassignment process and to terminate her fixed-term appointment further to the abolition of her post.

    Consideration 10

    Extract:

    The complainant refers in her pleas to the Tribunal’s judgments which emphasise the need for an organization to apply rules concerning the abolition of posts and the reassignment of staff with considerable generosity towards the affected staff members (see, for example, Judgments 133 and 388). While these and many other judgments of the Tribunal concerned permanent staff, they were judgments given at a time when the preponderance of staff in international organizations were permanent staff. There is, presently, a greater mix of staff of differing status in international organizations. However, simply because some staff are not permanent, it does not follow that those other classes of staff of differing status should be afforded no protection by principles developed by the Tribunal in circumstances where their post is abolished and attempts are being made to reassign them.

    Reference(s)

    ILOAT Judgment(s): 133, 388

    Keywords:

    abolition of post; analogy; organisation's duties; reassignment; status of complainant;

    Consideration 13

    Extract:

    The Tribunal is satisfied that the decision not to extend the complainant’s reassignment period was flawed. It is not a question of whether it was likely or not that the complainant would be placed in a position emerging from the reorganization. The power to extend a reassignment period is a discretionary power but it is not unfettered. It must be exercised having regard to the principles developed by the Tribunal. An organization that is endeavouring to reassign a staff member whose position has been abolished is obliged to do all that it can to find another position. It has been stated in one judgment of the Tribunal that the organization must do “its utmost” to find another position (see Judgment 3754, consideration 16, citing Judgment 2830, consideration 9). Indeed, the Tribunal has said that it is incumbent on the organization to prove that the affected staff member was not able to remain in the organization’s service (see Judgment 2830, consideration 9). These concepts are comprehended by the expression “reasonable efforts” in Staff Rule 1050.2. Even if it was only remotely possible, in the circumstances of a case such as the present when the reorganization was incomplete, that the reorganization might create a position to which the complainant could have been appointed, the complainant was entitled to the benefit of an extension of the reassignment period, as proposed by the RRC or for an even longer period.

    Keywords:

    abolition of post; discretion; organisation's duties; reassignment;

    Consideration 9

    Extract:

    The Tribunal recently addressed the question of what were an organization’s obligations in relation to reassignment in Judgment 4036, considerations 7 and 8, citing Judgment 3908. Several propositions emerge from Judgment 4036 which are consistent with earlier case law. The first is that normative legal documents promulgated within an organization cannot alone circumscribe the obligation of the organization to explore other employment options within the organization for staff whose positions have been abolished. The second is that an organization has a duty to apply processes biased in favour of the staff member whose position has been abolished and which are likely to promote appointment to another position. The third and related proposition is that an organization has an obligation to deal fairly with staff who occupy an abolished position which ordinarily extends to finding, if they exist, other positions within the organization for which those staff have the experience and qualifications. This last proposition is qualified by matters referred to in consideration 16 of Judgment 3908. The fourth proposition is that it is not the Tribunal’s role to actually assess whether a staff member whose position has been abolished was suitable for another position to which they might have been reassigned. Rather, it is to ascertain whether any or adequate consideration was given to the fact that the complainant was then a member of staff whose post had been abolished and was facing the termination of her or his employment.

    Keywords:

    abolition of post; organisation's duties; reassignment;



  • Judgment 4094


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to abolish her post and to terminate her fixed-term contract.

    Consideration 4

    Extract:

    The Tribunal recently addressed this question in Judgment 4036, considerations 7 and 8, citing Judgment 3908. Several propositions emerge from Judgment 4036 which are consistent with earlier case law. The first is that normative legal documents promulgated within an organization cannot alone circumscribe the obligation of the organization to explore other employment options within the organization for staff whose positions have been abolished. The second is that an organization has a duty to apply processes biased in favour of the staff member whose position has been abolished and which are likely to promote appointment to another position. The third and related proposition is that an organization has an obligation to deal fairly with staff who occupy an abolished position which ordinarily extends to finding, if they exist, other positions within the organization for which those staff have the experience and qualifications. This last proposition is qualified by matters referred to in consideration 16 of Judgment 3908. The fourth proposition is that it is not the Tribunal’s role to actually assess whether a staff member whose position has been abolished was suitable for another position to which they might have been reassigned. Rather, it is to ascertain whether any or adequate consideration was given to the fact that the complainant was then a member of staff whose post had been abolished and was facing the termination of her or his employment.

    Reference(s)

    ILOAT Judgment(s): 3908, 4036

    Keywords:

    abolition of post; organisation's duties; reassignment;



  • Judgment 4090


    127th Session, 2019
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the processing of his application for a disability benefit and the calculation of his sick leave entitlements.

    Consideration 9

    Extract:

    [T]he final constitution of the Board [was delayed] for almost four months. This was an unreasonably long period and delayed the resolution of the complainant’s application, which was ultimately successful, for a disability benefit. While the complainant has not discharged the burden of proving retaliation, bias and prejudice, the IAEA is liable for the consequences of this delay involving, as it does, a breach of its duty of care towards the complainant, a ground relied on by the complainant in his fifth argument (see Judgment 2936, consideration 19). The IAEA, through its officers, was obliged to take all reasonable steps to ensure that the complainant’s request for review of the decision to refuse him a disability benefit was dealt with as expeditiously as possible. If, as happened, an impasse about who should be the Chair arose between a member of the Board nominated by the staff member and a temporary member [...] of the Board nominated by the Administration who also had the responsibility to nominate another member as his own replacement, then steps should have been taken with great expedition to nominate the member to replace him.

    Keywords:

    breach; composition; delay; disability benefit; duty of care; medical board; organisation's duties;



  • Judgment 4086


    127th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to maintain her contested job description.

    Considerations 10-11

    Extract:

    The Tribunal’s case law has it that when a staff member of an international organization is transferred to a new post in non-disciplinary circumstances, that transfer is subject to the general principles governing all decisions affecting the staff member’s status. The organization must show due regard, in both form and substance, for the dignity of the staff member, particularly by providing her or him with work of the same level as that which she or he performed in her or his previous post and matching her or his qualifications (see, for example, Judgment 2229, under 3(a)). This requirement is consistent with Staff Regulation 4.3(c) [...].
    The responsibilities that attach to posts are comparable where on an objective basis the level of the duties to be performed is similar (see, for example, Judgment 1343, under 9). It is not for the Tribunal to reclassify a post or to redefine the duties attaching thereto, as that exercise falls within the discretion of the executive head of the organization, on the recommendation of the relevant manager, and it is equally within the power of the management to determine the qualifications required for a particular post (see, for example, Judgment 2373, under 7). However, every employee has the right to a proper administrative position, which means that she or he should both hold a post and perform the duties pertaining thereto and should be given real work (see, for example, Judgment 2360, under 11).

    Reference(s)

    ILOAT Judgment(s): 1343, 2229, 2360, 2373

    Keywords:

    assignment; discretion; general principle; grade; organisation's duties; post description; post held by complainant; respect for dignity; transfer;



  • Judgment 3963


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant alleges that the Organisation has breached its duty of care in relation to possible taxation of the invalidity allowance.

    Consideration 2

    Extract:

    Having regard to the way in which the questions were formulated, the Organisation supplied answers which may be deemed adequate. The Tribunal therefore finds that, in the circumstances, the EPO honoured its obligation to provide information and its duty of care. Indeed, as the Tribunal observed in Judgment 3213, under 7, whilst international organisations have a duty of care towards their employees and must provide clear rules and regulations as well as clarifications of such when requested, they cannot be solely responsible for every situation stemming from a misunderstanding of those rules.

    Reference(s)

    ILOAT Judgment(s): 3213

    Keywords:

    duty of care; duty to inform; organisation's duties;



  • Judgment 3908


    125th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to abolish his post and terminate his appointment.

    Considerations 16-19

    Extract:

    [T]he Tribunal has long recognised the right of an international organisation to restructure and abolish positions (see, for example, Judgment 2742, consideration 34). This will imperil the continuing employment of the occupants of those abolished positions. However a concomitant of that right to abolish positions is an obligation to deal fairly with the staff who occupy those abolished positions. That extends to finding, if they exist, other positions within the organisation for which those staff have the experience and qualifications. The Tribunal accepts that there may be other disqualifying criteria. One might be, in a particular set of circumstances, that the number of staff whose positions have been abolished exceeds the number of available positions. However the imprecise concept of “unsuitability” as assessed by a selection committee as if it were a competition for initial appointment, might not be enough to disqualify a staff member unless it can be demonstrated that there is a real and substantial reason why a staff member in an abolished position will not be able to perform the duties of the available position satisfactorily notwithstanding they have the required qualifications and experience. This would be all the more so, as is the case in these proceedings, where the functions of the new position reflect some of the functions of the position which is being abolished and there has been no material adverse assessment of the performance of the staff member in the performance of those functions in the abolished position.
    [...]
    The Tribunal is satisfied that the ICC did not take adequate steps to reassign the complainant after the abolition of his post. To reject his candidature for a number of available positions on the basis that he was not suitable as part of an assessment in a competitive selection process, falls short of what was required. There is no reason, discernible from the pleas, why the complainant could not have been reassigned or redeployed to one of the new positions to which some of the functions were assigned from his abolished position and in particular the Deputy Legal Counsel position discussed in the preceding consideration.

    Reference(s)

    ILOAT Judgment(s): 2742

    Keywords:

    abolition of post; organisation's duties; reassignment; reorganisation;



  • Judgment 3903


    125th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the termination of his fixed-term appointment.

    Consideration 24

    Extract:

    [T]here is no evidence in the record to support the assertion that a review of the requirements of newly created positions was undertaken to ascertain whether the complainant had the necessary qualifications for any of those positions. It would be expected that the complainant would have at least been informed that other options had been considered. More importantly, it is also noted that the possible options considered were limited to the newly created positions as a result of the restructuring. The duty contemplated in the case law is aimed at finding other employment within the broader organisation and is not limited to newly created positions as a result of restructuring. As stated in the case law, the failure to explore with the complainant other possible options within the Court was a breach of the ICC’s duty to treat the complainant with dignity and respect (see, for example, Judgment 2902, under 14).

    Reference(s)

    ILOAT Judgment(s): 2902

    Keywords:

    abolition of post; organisation's duties; reassignment; respect for dignity;



  • Judgment 3902


    125th Session, 2018
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to pay him the indemnity due in the event of the closure of the CDE.

    Consideration 11

    Extract:

    The right which the Tribunal must uphold is the right to remain in employment, not the right to termination thereof. The Tribunal considers that termination of employment must be an ultima ratio measure to which recourse may be had only after all other alternatives have been examined and found to be impracticable (see Judgment 2830, under 8(a)). At all events, continued employment must be preferred to redundancy.

    Reference(s)

    ILOAT Judgment(s): 2830

    Keywords:

    abolition of post; organisation's duties; termination;



  • Judgment 3650


    122nd Session, 2016
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the refusal to pay her interest on reimbursement of medical costs.

    Consideration 7

    Extract:

    [T]he breach of a duty to consider and process a claim within a reasonable period would not be founded on an implied right to interest but rather, arguably, should be regarded as damages for the breach of the duty. However, those damages may well prove to be an amount equal to the interest payable on the amounts involved.

    Keywords:

    interest on damages; organisation's duties;



  • Judgment 3437


    119th Session, 2015
    Technical Centre for Agricultural and Rural Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the decision to terminate his contract following the CTA restructuring.

    Consideration 5

    Extract:

    Precedent has it that international organisations may undertake restructuring entailing the redefinition of posts and staff reductions in order to achieve greater efficiency or budgetary savings (see, for example, Judgments 2156, under 8, or 2510, under 10). However, each and every individual decision adopted in the context of such restructuring must respect all the applicable legal rules and in particular the fundamental rights of the staff concerned (see, for example, Judgments 1614, under 3, 2907, under 13, or 3169, under 7).

    Reference(s)

    ILOAT Judgment(s): 1614, 2156, 2510, 2907, 3169

    Keywords:

    organisation's duties; reorganisation;



  • Judgment 3424


    119th Session, 2015
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the impugned implied decision was flawed.

    Consideration 8(b)

    Extract:

    "It is true that the two successive appeals thus lodged by the complainant were not submitted to the authorities competent to hear them. But consistent precedent has it that, although rules of procedure should ordinarily be strictly complied with, they must not set traps for staff members who are defending their rights and therefore they must not be construed with too much formalism. Consequently, an appeal submitted to the wrong authority is not irreceivable on that account and it is for that authority, in such circumstances, to forward it to the one which is competent, within the organisation, to hear it (see, for example, Judgments 1832, under 6, 2882, under 6, or 3027, under 7)."

    Reference(s)

    ILOAT Judgment(s): 1832, 2882, 3027

    Keywords:

    internal appeal; organisation's duties;

    Consideration 8(a)

    Extract:

    "According to the Tribunal’s case law, for a letter, or an e-mail, addressed to an organisation to constitute an appeal, it is sufficient that the person concerned clearly expresses therein his or her intention to challenge the decision adversely affecting him or her and that the request thus formulated can be granted in some meaningful way (see Judgments 461, under 3, 1172, under 7, 2572, under 9, and 3067, under 16)."

    Reference(s)

    ILOAT Judgment(s): 461, 1172, 3067

    Keywords:

    internal appeal; organisation's duties;



  • Judgment 3394


    119th Session, 2015
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal considered that, by taking it upon itself to interpret Judgment 3119, WIPO breached its duty to execute that judgment fully and correctly.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3119

    Keywords:

    application for execution; execution of judgment; organisation's duties; res judicata;



  • Judgment 3392


    118th Session, 2014
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal summarily dismissed the applications for interpretation and for review.

    Consideration 7

    Extract:

    "The reference in the decision to the shielding of the successful candidate is not ambiguous; the Tribunal deliberately left it to the discretion of WHO as to how it should protect the candidate who had accepted the appointment in good faith. Moreover, the Tribunal notes that the complainant requests clarification of a part of the decision (i.e. the shielding of the successful candidate) that does not affect him directly. The Tribunal therefore sees no reason to interpret the judgment."

    Keywords:

    application for interpretation; organisation's duties;



  • Judgment 3302


    116th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complaints were dismissed for non-exhaustion of internal remedies under Article 7 of the Tribunal’s Rules.

    Judgment keywords

    Reference(s)

    ILOAT reference: Article VII, par. 1 and 3, of the Statute of the Tribunal
    ILOAT Judgment(s): 2780, 2811, 2939

    Keywords:

    decision; delay; duty of care; iloat statute; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; staff member's duties;



  • Judgment 3295


    116th Session, 2014
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complaint concerning a disciplinary measure was dismissed by the Tribunal on the grounds that he had not demonstrated the existence of an error warranting the cancellation of the sanction.

    Consideration 7

    Extract:

    "It is true that an organisation should investigate allegations of misconduct in a timely manner both in the interests of the person being investigated and the organisation. These interests include, among other things, safeguarding the reputations of both parties and ensuring that evidence is not lost."

    Keywords:

    consequence; delay; duty of care; evidence; inquiry; misconduct; organisation's duties;

    Consideration 11

    Extract:

    "The complainant also takes the position that PAHO failed to give him a warning or the opportunity to correct the situation prior to bringing disciplinary action. In Judgment 1661, under 3, the Tribunal framed an organisation’s obligations in the following terms: “Before an organisation imposes a disciplinary penalty such as dismissal it must warn the staff member and give him the opportunity not only of stating his own case but also of refuting the organisation’s: in other words, there must be due process. So he must be told of the charges and of the evidence against him. If the proceedings are to be properly adversarial, he must be free to give his own version of the facts, refute that evidence, adduce his own, take part in the discussion of it, and at least once crossquestion the expert and other witnesses. See, for example, Judgments 512 […] under 5; 907 […] under 4; 999 […] under 5; 1082 […] under 18; 1133 […] under 7; 1212 […] under 3; 1228 […] under 4; 1251 […] under 8; 1384 […] under 5, 10 and 15; 1395 […] under 6; 1484 […] under 7 and 8.”"

    Reference(s)

    ILOAT Judgment(s): 1661

    Keywords:

    case law; disciplinary measure; disciplinary procedure; due process; inquiry; misconduct; organisation's duties; right to reply; serious misconduct; summary dismissal; termination;



  • Judgment 3290


    116th Session, 2014
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: Following the abolition of the complainant's post for lack of financial resources, the reassignment process was organized but was ultimately unsuccessful in finding the complainant another post.

    Consideration 30

    Extract:

    "[W]ith respect to the reassignment process itself, as part of its obligation to make reasonable efforts to find a suitable post for the complainant, [the organisation] ought to have enquired whether the complainant was willing to accept a post at a lower grade than the one he held (see Judgment 2830, under 9)."

    Reference(s)

    ILOAT Judgment(s): 2830

    Keywords:

    grade; organisation's duties; post held by complainant; reassignment;

    Judgment keywords

    Keywords:

    abolition of post; delay; fixed-term; grade; organisation's duties; reassignment; respect for dignity; termination;



  • Judgment 3289


    116th Session, 2014
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant received a written censure for failing to comply with the procedure of authorizing outside activities and remuneration.

    Consideration 5

    Extract:

    "[I]t is observed that there is no limitation period in relation to disciplinary proceedings in the Staff Regulations and Rules. The complainant’s attempt to analogise from the Staff Rule concerning the recovery of an overpayment within one year is without merit. An overpayment is in no way analogous to misconduct. It is true that, if possible, an organisation should promptly take action when the possibility of misconduct on the part of a staff member comes to its attention. However, the complainant’s assertion that an alleged violation of a Staff Rule, if considered serious, “has to be investigated promptly and at the latest one year after the Administration took notice thereof” has no foundation in law or in the Staff Regulations and Rules."

    Keywords:

    breach; disciplinary procedure; misconduct; organisation's duties; recovery of overpayment; staff regulations and rules;



  • Judgment 3286


    116th Session, 2014
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: Non-extension of a fixed-term contract. Failure to investigate allegations of harassment.

    Consideration 25

    Extract:

    "Even if the complainant was perceived to be a difficult staff member to deal with and was perceived to have been performing unsatisfactorily in fairly fundamental ways, she was entitled to have the unsatisfactory performance procedures followed and probably well before the decision was taken not to renew her contract [...]."

    Keywords:

    non-renewal of contract; organisation's duties; unsatisfactory service;

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Last updated: 12.08.2019 ^ top