ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword

Organisation's duties

You searched for:
Keywords: Organisation's duties
Total judgments found: 610

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 | next >



  • Judgment 2371


    97th Session, 2004
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    One of the complainant's subordinates submitted a grievance for moral harassment against him. The Ombudsperson circulated her report thereby disclosing the accusations against the complainant to persons who were not entitled to be informed of them. "The Tribunal acknowledges the efforts made by the Office, as is its duty, to protect the reputation of a staff member (see, for example, Judgment 1619). But it notes that the defendant was under no obligation to seek the complainant's agreement as to the form and the terms of the communication to be sent to the recipients of the Ombudsperson's report and to those who subsequently indicated publicly that they had had knowledge of the report's conclusions. The Tribunal will not issue any injunction in this respect, but will leave it to the defendant to inform the recipients of the Ombudsperson's report, through whatever channels it deems appropriate, that it was regrettable that the report, which should have remained confidential and which concerns persons who were entitled to the protection of that confidentiality, should have been unlawfully circulated, which was all the more serious for the fact that some of its content was defamatory."

    Reference(s)

    ILOAT Judgment(s): 1619

    Keywords:

    advisory body; claim; communication to third party; complaint allowed; complaint allowed in part; confidential evidence; discretion; harassment; internal appeals body; international civil servant; organisation; organisation's duties; report; right; supervisor;

    Consideration 13

    Extract:

    One of the complainant's subordinates submitted a grievance for moral harassment against him. The Ombudsperson circulated her report thereby disclosing the accusations against the complainant to persons who were not entitled to be informed of them. "Had this report been seen only by the persons entitled to receive it, it might not have injured the complainant's reputation, given that it was issued by an authority of the Organization which had no power of decision. However, as pointed out above, the whole of the report was communicated to persons who were not entitled to see it and there is no doubt that this disclosure, which was contrary to the obligation of confidentiality by which the Ombudsperson is bound pursuant to Article 13.15, paragraph 9, of the Staff Regulations, caused the complainant injury warranting compensation, even though the report was circulated 'on a confidential basis'."

    Reference(s)

    Organization rules reference: Article 13.15, paragraph 9, of the Staff Regulations

    Keywords:

    advisory body; breach; communication to third party; compensation; complaint allowed; complaint allowed in part; confidential evidence; harassment; injury; internal appeals body; international civil servant; moral injury; organisation's duties; report; request; staff regulations and rules; supervisor;



  • Judgment 2366


    97th Session, 2004
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 23

    Extract:

    "It is clear from Judgments 1560, 2112, 2201, and 2213 that a decision becomes binding on an organisation only when it is notified to the official concerned in the prescribed manner or in some other manner that gives rise to an inference that it was intended to notify the official of the decision."

    Reference(s)

    ILOAT Judgment(s): 1560, 2112, 2201, 2213

    Keywords:

    binding character; case law; condition; decision; difference; formal requirements; international civil servant; organisation; organisation's duties; purpose;



  • Judgment 2365


    97th Session, 2004
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4 (a)

    Extract:

    "The suspension of the complainant was an interim, precautionary measure, which was to last as long as the disciplinary procedure. It was ordered without hearing the complainant's views on the matter beforehand, but the latter's right to be heard was safeguarded since he later had an opportunity to exercise it before the impugned decision was taken. In any case, a decision to suspend need not necessarily be followed by a substantive decision to impose a disciplinary sanction (see Judgment 1927, under 5). Nevertheless, since it imposes a constraint on the staff member, suspension must be legally founded, justified by the requirements of the organisation and in accordance with the principle of proportionality. A measure of suspension will not be ordered except in cases of serious misconduct. Such a decision lies at the discretion of the Director-General. It is subject therefore to only limited review by the Tribunal, that is to say, if it was taken without authority or in breach of a rule of form or of procedure, or was based on an error of fact or of law, or overlooked some essential fact, or was tainted with abuse of authority, or if a clearly mistaken conclusion was drawn from the evidence (see, for instance, Judgment 2262, under 2)."

    Reference(s)

    ILOAT Judgment(s): 1927, 2262

    Keywords:

    breach; condition; decision; decision-maker; disciplinary measure; disciplinary procedure; discretion; disregard of essential fact; executive head; formal flaw; formal requirements; international civil servant; judicial review; limits; measure of distraint; mistake of fact; mistake of law; mistaken conclusion; misuse of authority; organisation's duties; period; procedural flaw; proportionality; provisional measures; right to reply; serious misconduct; suspensive action;



  • Judgment 2360


    97th Session, 2004
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The Tribunal [...] recalls its case law, whereby every employee has the right to a proper administrative position, which means that he or she should both hold a post and perform the duties pertaining thereto and should be given real work (see, for example, Judgment 630)."

    Reference(s)

    ILOAT Judgment(s): 630

    Keywords:

    case law; complaint allowed; complaint allowed in part; general principle; iloat; international civil servant; organisation's duties; post;



  • Judgment 2355


    97th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Along with the obligation for an international organisation to give reasons when the executive head decides not to follow the recommendation of its internal appeal body (see Judgments 2092 and 2261), it has the duty in its pleadings before the Tribunal not to rely on new and different reasons which it failed to invoke in the impugned decision."

    Reference(s)

    ILOAT Judgment(s): 2092, 2261

    Keywords:

    adversarial proceedings; complaint allowed; complaint allowed in part; decision; difference; duty to substantiate decision; executive head; general principle; grounds; iloat; internal appeals body; organisation; organisation's duties; recommendation; refusal; report;



  • Judgment 2354


    97th Session, 2004
    World Customs Organization (Customs Co-operation Council)
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6 and 7

    Extract:

    The complainant's post as a translator was abolished and his appointment was terminated. "According to the [applicable] provisions, the Secretary General was obliged to consult the Staff Committee before terminating [an] appointment. The Tribunal considers that this obligation to consult - which must not be seen as just an unnecessary formality, even though the Secretary General is not bound by the opinion of the advisory body - is not fulfilled unless the advisory body is in such a position that it can give an opinion independently and in full knowledge of the facts, which implies that it must be provided with all the information it needs, and especially the real reasons for the proposed measure, so that it can express an objective opinion. [...] While it emerges from the submissions that the general reasons for reducing the number of translators had been brought to the attention of the Staff Committee, it has not been established that the latter had been given the specific reasons for suppressing the complainant's post, rather than that of another official of the same grade and in the same Directorate, prior to delivering its opinion. [...] In the Tribunal's view, this lack of precise information concerning the specific reason for the decision to suppress the complainant's post in particular and to terminate his appointment invalidated the consultation provided for in [the applicable provisions], which is tantamount to saying that no consultation took place."

    Reference(s)

    Organization rules reference: Staff Regulation 12(a), Staff Rule 12.1(a) and Staff Circular No. 142

    Keywords:

    abolition of post; advisory body; advisory opinion; binding character; complaint allowed; complaint allowed in part; condition; consequence; decision; due process; duty to inform; executive head; flaw; grade; grounds; independence; international civil servant; lack of evidence; organisation's duties; post held by complainant; provision; same; staff reduction; staff regulations and rules; termination; written rule;



  • Judgment 2352


    97th Session, 2004
    World Customs Organization (Customs Co-operation Council)
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4 and 5

    Extract:

    The complainant's post was abolished and his appointment terminated. "It is clear from the [applicable] provisions that [...] the Staff Committee had to be consulted before the decision was taken to terminate the complainant's appointment. The purpose of consulting an advisory body, prior to terminating an official's appointment, is to allow that body to ensure that all the conditions for taking such a step are met, with a view to submitting a recommendation to the executive head. The Tribunal takes the view that it is established, by the evidence [...], that the Staff Committee was indeed consulted regarding the suppression of the [complainant's] post [...]. However, it considers that the Committee was not formally consulted with regard to the intention to terminate the complainant's appointment. [...] As the impugned decision was taken in breach of the applicable rules, it must be held unlawful and the Tribunal need not rule on the complainant's other pleas."

    Reference(s)

    Organization rules reference: Staff Regulation 12(a), Staff Rule 12.1(a) and Staff Circular No. 142

    Keywords:

    abolition of post; advisory body; advisory opinion; breach; complaint allowed; complaint allowed in part; condition; consequence; decision; due process; executive head; flaw; formal requirements; organisation's duties; post held by complainant; provision; purpose; recommendation; staff regulations and rules; termination; written rule;



  • Judgment 2351


    97th Session, 2004
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7 c) and 8 a)

    Extract:

    When he was recruited the complainant provided a copy of a diploma but its authenticity was questioned a few years later. The matter was queried with the educational establishment and the Secretary-General then issued the complainant a written censure. The Tribunal considers that "there was not sufficient proof either that the diploma was not issued to the complainant [...] or that the latter had been informed that, according to the [educational establishment], he was not entitled to receive it. The Secretary-General might have enquired further into the aspects which remained uncertain, but did not do so. The 'likelihood' referred to by the Secretary-General, if it is not incontrovertibly ascertained, cannot make up for the lack of conclusive evidence. Based as it is on an arbitrary appraisal of the facts, the impugned decision as far as it concerns the disciplinary sanction must therefore be set aside. Although it did not give rise to a written decision, the non-renewal of the short-term contract was based on charges levelled against the complainant in the course of the disciplinary procedure. The mere cancellation of the disciplinary sanction must entail that of the decision of non-renewal."

    Keywords:

    appraisal of facts; bias; complaint allowed; complaint allowed in part; consequence; contract; decision; decision quashed; degree; disciplinary measure; disciplinary procedure; executive head; grounds; implied decision; inquiry; lack of evidence; non-renewal; organisation's duties; right; short-term; terms of appointment; warning;



  • Judgment 2350


    97th Session, 2004
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    The Administration accessed the complainant's computer while she was on sick leave. The Tribunal considers that "the events which occurred during the complainant's absence on sick leave were most unfortunate. However [...] it is understandable that, given the urgency attending the Sub-Committee meeting preparations on which the complainant was working, her computer was accessed. [The] matter could and should have been handled with greater sensitivity and with proper regard to the complainant's privacy. Even so, those events fall far short of establishing hostility amounting to harassment."

    Keywords:

    confidential evidence; formal requirements; lack of evidence; mitigating circumstances; organisation's duties; respect for dignity; sick leave; working relations;



  • Judgment 2345


    97th Session, 2004
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "In view of its duty of care towards its staff, an organisation must spare them the material and psychological drawbacks of endless procedures [...]: while an organisation cannot avoid an occasional overload of work, it must take appropriate measures to avert the drawbacks of a massive and foreseeable increase in legal disputes."

    Keywords:

    complaint allowed; complaint allowed in part; delay; duty of care; material injury; moral injury; organisation's duties; procedure;

    Consideration 1 (c)

    Extract:

    "[A]n organisation, as part of its duty of care for its staff, is expected to help any staff member who is mistaken in the exercise of a right, if such help will enable the staff member to take useful action. If it is not too late, the organisation should also provide the staff member with procedural guidance.
    In this case, [...] the Organization should have realised that the complainant was mistaken and that he did not need to wait for an authorisation before filing a complaint with the Tribunal. It had enough time to point out to him that his complaint against the Director-General's decision [...] should be filed directly with the Tribunal within ninety days after the notification of the decision.
    As the complainant was not given that guidance, he failed to act in time and the complaint should be declared irreceivable. Such a ruling would not, however, be compatible with the requirements of good faith which the parties and the Tribunal must observe."

    Keywords:

    complaint; complaint allowed; complaint allowed in part; date of notification; direct appeal to tribunal; duty of care; duty to inform; good faith; internal appeal; organisation's duties; receivability; right of appeal; staff member's duties; time bar; time limit; tribunal;



  • Judgment 2339


    97th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The Tribunal has consistently stressed the requirement that where a final decision refuses, to a staff member's detriment, to follow a favourable recommendation of the internal appeal body such decision must be fully and adequately motivated. ([...] see Judgments 2092, 2261 [...], 2347 and 2355.) It is not enough for the decision maker - in this case the President of the Office - simply to state that he is not convinced by the recommendation or to refer in general terms to the arguments presented by the Administration before the appeal body. Such statements do not adequately inform either the employee or the Tribunal as to the real reasons underlying the impugned decision. Nor do they show that the decision maker has properly fulfilled his duty to apply his own mind to the questions raised on the appeal and to give his own reasons for concluding as he has. It is not enough simply to endorse in broad terms all that the Administration, which, like the appellant, is subordinate to the President, has presented before the appeal body. The President is acting in a quasi-judicial capacity and he must be, and be seen to be, objective and impartial. At the very least, where it is intended to place reliance on arguments which are more fully set forth in some other document, that document must be precisely identified and a copy of the relevant passages should accompany the decision itself and be specifically endorsed as representing the President's own considered opinion which has been reached after the appellant's arguments have been placed before him."

    Reference(s)

    ILOAT Judgment(s): 2092, 2261, 2347, 2355

    Keywords:

    case law; complaint allowed; decision; decision-maker; duty to substantiate decision; internal appeal; internal appeals body; organisation's duties; refusal; report;



  • Judgment 2337


    97th Session, 2004
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The case law cited [by the complainant] refers to the situation of a staff member who, failing any indication to the contrary, can rely on the continuation of his contractual relations (either not terminated or renewed), since according to the rules of good faith the Organization should warn the staff member if it considers his performance unsatisfactory in order to give him a chance to improve. The situation is different if an organisation [...] restricts the number of fixed term contracts a staff member may be given and lays down specific conditions for the award of an indefinite contract. In this case, the staff member cannot sit back and wait for his contract to be turned into an indefinite contract, since he will be expected to meet stricter requirements. Of course, the Organization is not on that account relieved of its duty of care towards the staff member, and, in accordance with the rules of good faith, it must warn him either if it is convinced that he is simply incapable of performing the duties attached to an indefinite contract, or if it believes that, in order to perform them the staff member must improve the quality of his work still further. This is an obligation the Organization must fulfil particularly in the context of periodic performance appraisals."

    Keywords:

    case law; condition; contract; duty to inform; fixed-term; good faith; legitimate expectation; organisation's duties; performance report; permanent; satisfactory service; successive contracts; unsatisfactory service; work appraisal;



  • Judgment 2316


    96th Session, 2004
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "Res judicata operates to bar a subsequent proceeding if the issue submitted for decision in that proceeding has already been the subject of a final and binding decision as to the rights and liabilities of the parties in that regard. It extends to bar proceedings on an issue that must necessarily have been determined in the earlier proceeding even if that precise issue was not then in dispute. In such a case, the question whether res judicata applies will ordinarily be answered by ascertaining whether one or other of the parties seeks to challenge or controvert some aspect of the actual decision reached in the earlier case."

    Keywords:

    complaint; complaint allowed; decision; definition; enforcement; finality of judgment; general principle; intention of parties; judgment; judicial review; organisation's duties; procedure; res judicata; right; same cause of action; same purpose; settlement out of court; staff member's duties; tribunal;

    Considerations 19 and 20

    Extract:

    The complainant wants to be granted her salary increment to step X retroactively. "The particular circumstances upon which the ITU relies to argue that the complainant should not be granted her step X increment are that the unsatisfactory nature of her services had already been documented prior to the report signed on 3 May 2002 and that she did not cooperate with the establishment of her periodic appraisals. It may at once be noted that the appraisal for the relevant period was not made in May 2002, but in November of that year. Further, and given the complainant's absence on sick leave at various times during the relevant appraisal periods, it is difficult to infer lack of cooperation on her part. However, and more to the point, the matters upon which the Union relies fall far short of establishing that it made a genuine effort to comply with its own procedures, and do not show that the complainant frustrated or sabotaged any such effort. That being so [...], those considerations cannot defeat the complainant's entitlement to her step X increment retroactively. The treatment of the complainant by the ITU is [...] unacceptable."

    Keywords:

    claim; complainant; complaint allowed; date; evidence; increment; liability; organisation; organisation's duties; patere legem; performance report; period; procedure; request; right; sick leave; unsatisfactory service; work appraisal;



  • Judgment 2314


    96th Session, 2004
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    The post in respect of which the complainant was receiving a special post allowance was transferred but he has continued to perform the duties of the post. The Director-General has taken the view that transfer was equivalent to the abolition of the post and the allowance was terminated. The relevant Manual provision "does prohibit payment of a special post allowance when a post has been abolished. However, it does not and cannot relieve an employer of its duty to ensure proper remuneration for extra duties and responsibilities discharged by an employee over and above those of the substantive post which he or she holds."

    Keywords:

    abolition of post; complaint allowed; executive head; international civil servant; organisation; organisation's duties; payment; post held by complainant; provision; refusal; salary; special post allowance; staff regulations and rules; transfer;

    Consideration 23

    Extract:

    The post in respect of which the complainant was receiving a special post allowance was transferred but he has continued to perform the duties of the post. The Director-General has taken the view that transfer was equivalent to the abolition of the post and the allowance was terminated. "The principle of equal pay for work of equal value requires that, until a proper evaluation of the work performed by the complainant is carried out, he should be remunerated at a rate equivalent to that which he would have received by way of special post allowance for so long as he continues to perform all of the duties and responsibilities of the abolished post."

    Keywords:

    abolition of post; complaint allowed; equal treatment; executive head; general principle; organisation's duties; payment; post; refusal; salary; same; special post allowance; transfer; work appraisal;

    Consideration 22

    Extract:

    "An employer is not absolved from the requirement to ensure equal treatment and equal pay for work of equal value merely because an employee has the right to seek reclassification of his or her post."

    Keywords:

    complaint allowed; equal treatment; international civil servant; organisation; organisation's duties; post classification; request; right; safeguard; salary; same;



  • Judgment 2313


    96th Session, 2004
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "It is the duty of international organisations to ensure that they abide by the principle of equality and, particularly, that they comply with its requirement that there be equal pay for work of equal value. And if their rules and procedures do not ensure adherence to that principle and its requirement of equal remuneration, it is their duty to initiate procedures that do, whether by way of general rule or some specific procedure for the particular case."

    Keywords:

    consequence; equal treatment; general principle; organisation; organisation's duties; procedure; safeguard; salary; same; written rule;



  • Judgment 2307


    96th Session, 2004
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The investigation of a complaint filed by an international civil servant should not be used subsequently as the basis for an appraisal report, and even less to justify the termination of a contract."

    Keywords:

    complaint allowed; complaint allowed in part; internal appeal; international civil servant; non-renewal; organisation's duties; performance report; submissions; termination;



  • Judgment 2296


    96th Session, 2004
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "There can be no doubt of the right of an international organisation to set obligatory rules for the conduct of its staff governing various aspects of their relations with their employer, and that this right includes the right to set reasonable limitation periods during which claims against the employer must be asserted. However, such rules must be published or otherwise made known to all the members of staff concerned in a way which can leave absolutely no doubt as to the nature and reach of the rule, and no doubt that it has been brought to the attention of all those to whom it applies. Even if the [Organization] had succeeded in showing that the tax reimbursement instructions had been given to the staff individually, which it has signally failed to do, it would also have to have shown that all others in like case had been similarly advised. Rules limiting the right to exercise a fundamental condition of employment applicable to all international civil servants are only permissible if they, too, are applicable to all."

    Keywords:

    complaint allowed; enforcement; equal treatment; evidence; international civil servant; judicial review; limits; organisation's duties; payment; provision; publication; purport; reasonable time; refund; right; tax; terms of appointment; time limit;



  • Judgment 2294


    96th Session, 2004
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10 and 11

    Extract:

    Case of an official who served the Organization for 16 years and always gave satisfaction, whose post was abolished. The Organization states "that although the complainant was entitled to apply for posts which fell vacant after his appointment had been terminated, he did not do so. [T]he Tribunal considers that it was up to [the Organization] to make proposals to the complainant and to give some preference to his application."

    Keywords:

    abolition of post; appointment; candidate; complaint allowed; complaint allowed in part; international civil servant; organisation's duties; post; post held by complainant; priority; reassignment; right; seniority; separation from service; vacancy;



  • Judgment 2293


    96th Session, 2004
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 11 and 12

    Extract:

    "While there is no doubt whatever that the Organisation owes a duty of good faith to its staff - '[r]elations between an organisation and its staff must be governed by good faith' (see Judgment 2116) - bad faith must be proved and is never presumed. [...] Although to act in bad faith is always to mismanage, the reverse is not the case and honest mistakes or even sheer stupidity will not, without more, be enough. Bad faith requires an element of malice, ill will, improper motive, fraud or similar dishonest purpose."

    Reference(s)

    ILOAT Judgment(s): 2116

    Keywords:

    burden of proof; decision; evidence; good faith; lack of evidence; misconduct; organisation's duties; staff member's duties; working relations;



  • Judgment 2292


    96th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    Even if "the Member States of the [Organisation] are all signatories to the European Convention on Human Rights, the Organisation [...] as such is not a member of the Council of Europe and is not bound by the Convention in the same way as signatory states. Nevertheless, the general principles enshrined in the Convention, particularly the principles of non-discrimination and the protection of property rights, are part of human rights, which, [...] in compliance with the Tribunal's case law, apply to relations with staff."

    Keywords:

    applicable law; case law; equal treatment; general principle; international civil service principles; international instrument; member state; organisation's duties; provision; right; rule of another organisation; universal declaration of human rights; working relations;

    Consideration 11

    Extract:

    "[T]he fact that in connection with pension rights different rules apply according to the place of residence of retired staff members constitutes neither a breach of property rights nor a violation of the principle of equality, provided that the staff concerned are not deprived of any of the rights they enjoy under the statutory and regulatory provisions which apply to them, and that they have freely exercised their right of option."

    Keywords:

    equal treatment; international civil servant; organisation's duties; pension; pension entitlements; provision; residence; written rule;

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 | next >


 
Last updated: 27.08.2015 ^ top