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 2288


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

    Consideration 5

    Extract:

    "[T]he fact that the complainant had only a few hours [...] to defend his case [...] constitutes [in itself] a breach of due process".

    Keywords:

    adversarial proceedings; complaint allowed; complaint allowed in part; disciplinary procedure; general principle; misconduct; organisation's duties; right; time limit;

    Consideration 6

    Extract:

    "The Tribunal considers that the safeguard available to international civil servants in the form of the mandatory consultation of an advisory body prior to any disciplinary measure cannot legally speaking be said to be complied with unless that body has held an official meeting, the matter has been discussed among the members and minutes of the meeting have been concomitantly drawn up. In the present case, the complainant was denied an essential safeguard owing to the individual consultation of the Joint Advisory Committee members by the Director of [the Human Resources Management Department] and the disregard for the procedure established in the Staff Rules."

    Keywords:

    advisory body; complaint allowed; complaint allowed in part; condition; consultation; disciplinary measure; disciplinary procedure; formal requirements; general principle; international civil servant; misconduct; organisation's duties; report; safeguard; staff regulations and rules;



  • Judgment 2282


    96th Session, 2004
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "[W]hat is at issue here is a plea of prescription on the part of the [organization], which seeks to take the benefit of the two-year limitation period in [a] staff rule. But prescription cannot be invoked by a party which has by its own actions prevented the timely exercise of the creditor's recourses. That is what the pleadings reveal to be the case here."

    Keywords:

    internal appeal; organisation's duties; refund; time bar; time limit;

    Consideration 11

    Extract:

    "The integrity of the internal appellate process is of fundamental importance to the proper functioning of the international civil service. Like the process before the Tribunal itself, it must be free of any taint of fraud or abuse of power. If mere delay in the completion of an internal appeal is enough to vitiate the process (see Judgments 2072 and 2197), how much more will that be the case where the process is corrupted at its very source by an attempt to keep staff members from exercising their legal rights. The Tribunal asserts unhesitatingly that intimidation or threats of reprisal in such circumstances will be severely sanctioned. Indeed, there is a positive obligation on the part of the administration of every international organisation to assist staff in the exercise of their recourse and to place no obstacle in their way."

    Reference(s)

    ILOAT Judgment(s): 2072, 2197

    Keywords:

    complaint allowed; delay; due process; hidden disciplinary measure; internal appeal; internal appeals body; lack of consent; misuse of authority; organisation's duties; procedural flaw; procedure; right; submissions;



  • Judgment 2278


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

    Consideration 10

    Extract:

    "As the titular head of the very administration whose conduct is being called into question, the President of the Office must be scrupulous in the performance of his function as final decision-maker in internal appeals. It is his duty not only to be fair and objective; his conduct must also make it manifest that he has been so. It is not enough to state, as the President appears to do in the impugned decision, that he thinks the administration has put forward the better case. That is not a reason but a conclusion. The internal appellate process is designed and intended to provide fair, satisfactory and rapid resolution of staff grievances in international organisations."

    Keywords:

    bias; complaint allowed; complaint allowed in part; decision; duty to substantiate decision; executive head; internal appeal; organisation's duties; purpose; safeguard;



  • Judgment 2277


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

    Consideration 3 (a)

    Extract:

    "An application for execution presupposes that the complainant is able to challenge an act or an omission by the organisation that employs him which is subsequent to the judgment concerned and contrary to the terms of the ruling. [T]he complainant [...] merely reiterates pleas and facts which preceded the judgments [of which he seeks execution], which are now res judicata and cannot be challenged."

    Keywords:

    application for execution; decision; omission; organisation's duties; res judicata;



  • Judgment 2271


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

    Consideration 7

    Extract:

    "The confidential nature of medical information concerning the state of health of staff members constitutes a key element of their right to privacy. It is no doubt both necessary and legitimate for an international organisation, like any employer, to investigate requests for sick leave, to examine medical certificates and to have the health of its staff members checked by appropriate means. Such information should be gathered and processed on a fully confidential basis, however, and should never be communicated to third parties without the explicit consent of the person concerned. [...] The fact that the members of the Appeals Committee are bound by an obligation of confidentiality does not mean that information covered by medical secrecy can be disclosed to them without the consent of the persons concerned."

    Keywords:

    communication to third party; complaint allowed; complaint allowed in part; confidential evidence; internal appeals body; lack of consent; medical certificate; medical records; organisation's duties; right; sick leave;



  • Judgment 2261


    95th Session, 2003
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 15 and 16

    Extract:

    The complainant challenges a disciplinary measure of dismissal for misconduct based on the following three charges: (1) external commercial activities and misrepresentation, (2) disloyalty, and (3) insubordination. In the challenged decision, the Director-General refused to follow the Appeals Committee's recommendation to the effect that the three charges be dismissed and confirmed the dismissal, dealing in detail with the first charge. Although the Tribunal acknowledges that the evidence justifies the Director-General's position, it sets aside the impugned decision because "the Director-General entirely failed to give any reason whatsoever for disagreeing with the Committee's recommendations respecting the second and third charges". The Tribunal adds that "it is not for [...] itself [to] examine the evidence to find justification for the unmotivated decision of the Director-General. [...] Nor should it condone the organization's failure to bring the internal appeal process to a timely and proper conclusion effectively depriving the complainant of both his remedy and his employment for over three years. Accordingly, it will quash the penalty on the first charge only and refer the matter back to the Director-General for a new decision on the penalty after giving the complainant full opportunity to make representations."

    Keywords:

    case sent back to organisation; complaint allowed; complaint allowed in part; concurrent employment; conduct; decision; decision quashed; disciplinary measure; due process; duty to substantiate decision; executive head; fitness for international civil service; insubordination; internal appeal; internal appeals body; misconduct; organisation's duties; refusal; report; right of appeal; right to reply; separation from service; termination; time limit;



  • Judgment 2259


    95th Session, 2003
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    Contrary to the terms of an administrative directive, a proposal for reappointment of the complainant was not forwarded by the division director to the personnel section. The Tribunal recalls that "compliance with the rules of procedure is among the guarantees offered to international civil servants. There is nothing to suggest that the omission of a formality has no adverse effects on the situation of the staff members concerned."

    Keywords:

    complaint allowed; complaint allowed in part; contract; due process; effect; non-renewal; omission; organisation's duties; procedure; safeguard; separation from service;



  • Judgment 2258


    95th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3, paragraph 2

    Extract:

    "Communications from an organisation to a staff member must be interpreted according to the meaning that their addressee can reasonably ascribe to them. Since it owes a duty of care to its employees, an administration which intends to take a compulsory decision binding the person concerned must express its decision clearly so as to remove from its action any potentially harmful ambiguity."

    Keywords:

    binding character; decision; duty of care; effect; injury; interpretation; organisation's duties;



  • Judgment 2255


    95th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12 and 13

    Extract:

    "The organization did not contest the receivability of the appeals to the appeals board and does not now contest that the complaints were timely filed in accordance with the Tribunal's Statute. Notwithstanding these facts, however, UNESCO now argues that the internal appeals to the Appeals Board were irreceivable and that accordingly, the complaints to the Tribunal are also irreceivable. [...] In Judgment 522, the Tribunal was faced with the identical situation and held: "There can be no doubt that the appropriate, if not the only, time to take the point was before the Appeals Board, since it is the proceedings before the Board that are said to be out of time [...] and not the proceedings before the Tribunal itself. The Tribunal has therefore now to consider whether or not justice requires that the organization should be given a second opportunity to take the point. Three factors ought to be considered. The first is whether the point is a clear and compelling one. The second is whether there is an adequate explanation of the organization's failure to take it. The third is whether the complainant may be prejudiced by the organizations's failure.' " The Tribunal applies, in the present case, the criteria set out in Judgment 552.

    Reference(s)

    ILOAT Judgment(s): 522

    Keywords:

    case law; complaint; complaint allowed; complaint allowed in part; date; injury; internal appeal; new plea; organisation's duties; receivability; time limit;



  • Judgment 2254


    95th Session, 2003
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "According to firm precedent, before deciding a disciplinary sanction, an organisation should inform the person concerned that disciplinary proceedings have been initiated and should allow him ample opportunity to take part in adversarial proceedings, in the course of which he is given the opportunity to express his point of view, put forward evidence and participate in the processing of the evidence submitted in support of the charges against him. ... Failing a valid waiver on the part of the complainant of the adversarial proceedings provided for in the staff rules, the Director-General incorrectly based his decision on information that was not gathered in the context of adversarial proceedings guaranteeing the complainant's right to be heard. Since the complainant was not given the opportunity to put forward a proper defence, this fundamental flaw must cause the impugned decision to be set aside."

    Keywords:

    adversarial proceedings; appraisal of evidence; case law; complaint allowed; complaint allowed in part; decision quashed; disciplinary measure; disciplinary procedure; disclosure of evidence; due process; evidence; organisation's duties; procedural flaw; right to reply; staff regulations and rules;



  • Judgment 2252


    95th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "If the level of salary adjustments is set by a body external to an international organisation, the latter must ensure that the figures proposed comply with the law".

    Keywords:

    adjustment; coordinated organisations; organisation's duties; salary; scale;



  • Judgment 2244


    95th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The Tribunal notes that the competent bodies of the Organisation may repeal or modify rules they have established, subject to compliance with the principle that similar acts require similar rules, as pointed out in Judgment 1896, but that those bodies' discretionary powers are limited by the general principles of international civil service law, including the principle of equality, whereby officials in the same circumstances should be treated in the same way."

    Reference(s)

    ILOAT Judgment(s): 1896

    Keywords:

    amendment; complaint allowed; complaint allowed in part; discretion; equal treatment; general principle; organisation's duties; procedure; provision; repeal; staff regulations and rules;



  • Judgment 2229


    95th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3 A)

    Extract:

    "A transfer of a non-disciplinary nature is subject to the general principles governing all decisions affecting an official's status. It must show due regard, in both form and substance, for the dignity of the official concerned, particularly by providing him with work of the same level as that which he performed in his previous post and matching his qualifications (see, for example, Judgments 1496, 1556, 1972 [...]). The transfer may be motivated by the need to eliminate tensions compromising the functioning of a department (see, for example, Judgments 132, 1018 and 1972)."

    Reference(s)

    ILOAT Judgment(s): 132, 1018, 1496, 1556, 1972

    Keywords:

    assignment; case law; complaint allowed; complaint allowed in part; decision; discontinuance; effect; formal requirements; general principle; grade; grounds; international civil servant; organisation's duties; organisation's interest; post; post held by complainant; respect for dignity; same; status of complainant; transfer; working relations;

    Consideration 3 (A)

    Extract:

    "According to the Tribunal's case law, transfer decisions, which have been initiated by the administration and not at the staff member's request, may be disciplinary, non-disciplinary (in the interests of the organisation, independently of any fault) or even mixed in nature. [...] A transfer dictated by the interests of the organisation but which is also disciplinary in nature must clearly also comply with the specific rules protecting staff members in the case of disciplinary decisions (see Judgment 1929 [...])."

    Reference(s)

    ILOAT Judgment(s): 1929

    Keywords:

    case law; complaint allowed; complaint allowed in part; decision; disciplinary measure; formal requirements; international civil servant; organisation's duties; organisation's interest; safeguard; transfer;

    Consideration 3 A)

    Extract:

    "A transfer of a disciplinary nature must afford the staff member the safeguards available in the case of disciplinary sanctions, that is the right to be heard before the sanction is ordered, with the opportunity for the staff member concerned to participate in the full processing of the evidence and to make all his pleas. It matters little in this respect whether or not transfer is envisaged amongst the disciplinary sanctions set out in the staff regulations. What is decisive is whether the transfer appears to be the consequence of alleged professional shortcomings [...] which may [...] give rise to disciplinary sanctions (see Judgments 1796, 1929 under 7, 1972 under 3 and 4, and the cases cited therein)."

    Reference(s)

    ILOAT Judgment(s): 1796, 1929, 1972

    Keywords:

    case law; complaint allowed; complaint allowed in part; consequence; disciplinary measure; disclosure of evidence; evidence; formal requirements; international civil servant; misconduct; organisation's duties; participation; right to reply; safeguard; staff regulations and rules; transfer;



  • Judgment 2228


    95th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The Staff Committee, which is a statutory body of the organisation, made the facilities derived from its access to the organisation's internal electronic mail system available to the Staff Union. Its access to the system was withdrawn. "The organisation [submits that] the facilities offered to the Staff Committee cannot be made available to the Staff Union without creating confusion with regard to the attribution of roles and responsibilities, even if those in charge of one of these bodies are also, or may be, in charge of the other. This does not mean to say that the unions should not be provided with certain facilities by the organisations. On the contrary, their freedom of expression should not be hampered, as indicated by the Tribunal in Judgment 1547, [...] and unions must clearly be provided with sufficient facilities, within the framework of negotiated agreements or, if need be, administrative regulations, to enable them to carry on their activities. It is legitimate, however, for the organisation to ensure that the facilities made available to a body officially representing the staff as a whole are not misused for the benefit of a union, or any other body having its own assets and representing only part of the staff."

    Reference(s)

    ILOAT Judgment(s): 1547

    Keywords:

    administrative instruction; case law; collective bargaining; facilities; freedom of speech; grounds; liability; limits; organisation's duties; purpose; refusal; staff representative; staff union; staff union activity; staff union agreement; written rule;



  • Judgment 2223


    95th Session, 2003
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The fact that the Director-General [did not initiate] the appeal procedure invalidates the defendant's argument that internal remedies were not exhausted, although they should have been as required by article vii of the Tribunal's Statute. While it is regrettable that the case was never brought before the Joint Advisory Appeals Board, this does not prevent the Tribunal from ruling on the merits of the complaint, which has been filed within the applicable rules."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE TRIBUNAL'S STATUTE

    Keywords:

    competence of tribunal; complaint allowed; complaint allowed in part; consequence; executive head; formal requirements; good faith; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; organisation; organisation's duties; procedure; receivability; refusal; staff member's duties;



  • Judgment 2222


    95th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5 and 6

    Extract:

    "The decisive factor behind the request for the complainant's diplomatic immunity to be waived [...] was not brought to the complainant's knowledge. That might have given him a chance to identify his accusers and, if need be, armed with that knowledge, to explain to his hierarchical superiors the reasons for the serious charges brought against him, before the decision was taken to waive his diplomatic immunity [...] by virtue of the right to information recognised by the tribunal's case law, particularly Judgment 1756, the organization, which held information that was so important to the complainant, had an obligation to bring it to his knowledge. It may be concluded from the above that the organization violated the complainant's right to be informed and injured his dignity and reputation."

    Reference(s)

    ILOAT Judgment(s): 1756

    Keywords:

    breach; case law; complainant; complaint allowed; complaint allowed in part; consequence; decision; duty to inform; elements; judgment; moral injury; organisation's duties; privileges and immunities; request; respect for dignity; right; right to reply; supervisor; waiver of immunity;

    Consideration 3

    Extract:

    "Referring to the Tribunal's case law, in particular Judgments 70 and 1543, the defendant submits that the Tribunal's competence, ratione materiae, does not extend to disputes regarding the Director-General's discretion to waive diplomatic immunity. It is worth noting that the complainant does not in fact [...] challenge the decision to waive his diplomatic immunity in itself. He rather challenges the circumstances in which that decision was taken, which in his view violated his contractual rights or those arising from the general principles of law which should be observed by international organisations. Since the case law referred to by the defendant does not apply, the Tribunal is of the view that only a consideration of the merits of the case may show whether the complainant's allegations are well founded."

    Reference(s)

    ILOAT Judgment(s): 70, 1543

    Keywords:

    breach; case law; competence of tribunal; complainant; complaint allowed; complaint allowed in part; condition; decision; discretion; executive head; general principle; iloat; judgment; judicial review; organisation; organisation's duties; privileges and immunities; rebuttal; receivability; right; terms of appointment; waiver of immunity;



  • Judgment 2210


    94th Session, 2003
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Where a reserve recruitment list is resorted to, the vacant post is filled without applying the competition procedure provided for in the above-mentioned provisions. Staff members must be given the possibility of entering competitions on the basis of which reserve lists for filling 'similar' posts are to be established. That possibility is denied them if they do not know what is meant by 'similar' posts. [...] The broader the definition of 'similar', the greater the risk of such occurrences. The requirements of equal treatment, objectivity and transparency in appointment procedures place the [organisation] under an obligation to provide a clear and precise definition of the concept of a 'similar' post. [...] It is the responsibility of the [organisation] to specify, in notices of competition, the nature of the posts which can be considered to be 'similar' for the purposes of any subsequent use of a reserve list."

    Keywords:

    appointment; candidate; competition; complaint allowed; complaint allowed in part; definition; equal treatment; good faith; organisation's duties; right; same; vacancy; vacancy notice;



  • Judgment 2207


    94th Session, 2003
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The affair the complainant had with a national of the country of the duty station led to a series of incidents. "In view of the particular circumstances of the case, it is perfectly legitimate to conclude that it was in the organization's interest to terminate the complainant's assignment in Nairobi in order to maintain an untroubled working atmosphere in the service and to preserve its good relations with the host country. However, in accordance with the Tribunal's case law (see, in particular, Judgments 269 and 1231), the defendant could not terminate the complainant's appointment solely on that basis, without having taken appropriate steps to find him a new assignment."

    Reference(s)

    ILOAT Judgment(s): 269, 1231

    Keywords:

    case law; complaint allowed; complaint allowed in part; conduct; duty station; member state; organisation's duties; organisation's interest; organisation's reputation; reassignment; termination; transfer; working relations;



  • Judgment 2197


    94th Session, 2003
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 33

    Extract:

    "Since compliance with internal appeal procedures is a condition precedent to access to the tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed. Here, while the [Joint Appeals] Board, once the meetings had started, came to its conclusion fairly quickly, there can be no valid excuse to justify the delay of over twenty months between the filing of the internal appeal and the start of the hearings. No doubt some of this was due to the complainant herself and the long convoluted and complicated nature of her pleadings, which frequently contradict themselves, but [the organization] cannot escape responsibility for the inordinate amount of time taken." The Tribunal awards 3 000 euros in damages.

    Reference(s)

    ILOAT Judgment(s): 2072

    Keywords:

    administrative delay; complaint allowed; complaint allowed in part; damages; delay; internal appeal; internal appeals body; internal remedies exhausted; oral proceedings; organisation's duties; staff member's duties;



  • Judgment 2196


    94th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The Tribunal "notes [...] that even after the filing of the complaints, it took the organisation more than a year to bring the internal appeal procedure to a conclusion. By any standards, that is an unacceptable delay. The organisation's plea that it is overwhelmed by a heavy volume and a backlog of internal appeals may be a reason, but it is not an excuse. Incompetence or a lack of resources can never justify depriving employees of their right to a speedy and just resolution of their grievances."

    Keywords:

    administrative delay; complaint; complaint allowed; complaint allowed in part; delay; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; receivability; right;

< 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: 28.08.2015 ^ top