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: 723

< 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, 32, 33, 34, 35, 36, 37 | next >



  • Judgment 2427


    99th Session, 2005
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "[T]he vacancy notice stipulated: «Good knowledge of English or French; basic knowledge of the other language or an understanding to acquire it rapidly». The complainant denies that the importance of acquiring rapidly a basic knowledge of French was clearly explained to him, but his denial fails to take into account that even the vacancy notice was unambiguous in that regard. The Tribunal finds, from the evidence on file, that he was sufficiently warned, at the beginning of his probation period and later on, about the language requirements for his post. It is clear, and the complainant admits, that his knowledge of French did not improve enough to enable him to participate in meetings, right to the end of his probation period. That alone constitutes sufficient cause for his negative end-of-probation report. Such cause, and the resulting termination of his appointment, could not possibly have surprised him."

    Keywords:

    consequence; duty to inform; grounds; knowledge of languages; non-renewal; organisation's duties; probation; probation report; staff member's duties; termination; vacancy notice;



  • Judgment 2424


    98th Session, 2005
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "In accordance with its case law (see Judgment 941 in particular), the Tribunal considers that the defendant may not plead its own failure to act with regard to the complainant, who had good reason to infer that her internal complaint was still under review since she had been informed [...] that the Joint Committee for Disputes had reached an opinion of which she would soon be informed."

    Reference(s)

    ILOAT Judgment(s): 941

    Keywords:

    case law; complaint allowed; complaint allowed in part; good faith; internal appeal; internal appeals body; organisation's duties; reasonable time; receivability; report; time limit;



  • Judgment 2420


    98th Session, 2005
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "The complainants' second plea is that the methodology applied by the General Assembly [to review salary levels] does not satisfy the requirements of stability, foreseeability and transparency established by the case law. [...] Given that the application of that methodology can yield results as different as those obtained, on the one hand, by the ICSC, and on the other, by the Fifth Committee and subsequently the General Assembly, one may legitimately query its foreseeability. However, it must be borne in mind that a methodology cannot be applied without a degree of flexibility and without leaving some room for interpretation by the competent authority, which was entitled to take into account the imbalances generated by past applications of the adopted methodology in order to try to attenuate the effects thereof and properly to implement the Noblemaire principle."

    Keywords:

    adjustment; case law; icsc decision; interpretation; noblemaire principle; organisation's duties; rate; recommendation; salary; scale;

    Consideration 11

    Extract:

    "The Tribunal has on numerous occasions ruled on the issue of whether an international organisation is bound to comply with general provisions that would infringe the rights of its staff members. The fact that an international organisation belongs to the common system does not enable it to decline or limit its own responsibility towards the members of its staff or lessen the degree of judicial protection it owes them. Any organisation that introduces elements of the common system into its own rules has a duty to ensure that the texts it thereby imports are lawful (on this issue, see Judgment 1265, which refers to Judgments 382 and 825; for more recent examples concerning the duties of the FAO, see Judgments 1713 and 2303). Whilst the Tribunal fully appreciates the difficulties - emphasised by the defendant - that international organisations are liable to face in departing from the salary scales adopted on the basis of ICSC recommendations, it is nevertheless bound to ensure that international law is observed in the relations between the said organisations and their staff, regardless of the external authority from which the decisions taken emanate. Indeed, the case of an organisation having to revise salary scales resulting from recommendations or decisions affecting the common system, whether or not pursuant to a ruling by the competent tribunal, is not without precedent."

    Reference(s)

    ILOAT Judgment(s): 382, 825, 1265, 1713, 2303

    Keywords:

    adjustment; case law; criteria; decision-maker; icsc decision; liability; organisation's duties; recommendation; right; rule of another organisation; salary; scale;



  • Judgment 2414


    98th Session, 2005
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 23

    Extract:

    "In Judgment 2170 the Tribunal described the requirement of Staff Rule 12.1.5 that an annual performance report be established prior to the scheduled date of a salary increment as 'a formal one' which had to be complied with. It is important to explain why that was so. A staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service so that steps can be taken to remedy the situation. Moreover, he or she is entitled to have objectives set in advance so that he or she will know the yardstick by which future performance will be assessed. These are fundamental aspects of the duty of an international organisation to act in good faith towards its staff members and to respect their dignity. That is why it was said in Judgment 2170 that an organisation must 'conduct its affairs in a way that allows its employees to rely on the fact that [its rules] will be followed'."

    Reference(s)

    Organization rules reference: Staff Rule 12.1.5 of the ITU
    ILOAT Judgment(s): 2170

    Keywords:

    complaint allowed; criteria; due process; duty to inform; good faith; increase; increment; interpretation; organisation's duties; output; patere legem; performance report; respect for dignity; salary; satisfactory service; staff regulations and rules; time limit; unsatisfactory service; work appraisal;



  • Judgment 2411


    98th Session, 2005
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "It is not acceptable that the Administration has attempted to upgrade its practice to the status of law when the law itself says nothing of the sort; nor can the practice of an organisation be invoked to deny its officials their written rights."

    Keywords:

    applicable law; complaint allowed; organisation's duties; practice; right; written rule;



  • Judgment 2408


    98th Session, 2005
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 23

    Extract:

    "[T]he decision not to renew her contract was not taken in implementation of the staff turnover policy [but] to rid the OPCW of the serious personal and professional conflict that existed between two senior members of the Secretariat and to avoid the necessity of taking steps to resolve that conflict. That was an improper purpose and to take a decision for that reason under cover of implementation of the staff turnover policy is both an abuse of authority and an act which demonstrates want of good faith."

    Keywords:

    complaint allowed; contract; decision; good faith; grounds; misuse of authority; non-renewal; organisation's duties; purpose; working relations;



  • Judgment 2406


    98th Session, 2005
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "[T]he defendant is right to point out that the complainant held only fixed-term expert's contracts [and] that he had no right to renewal [...]. Nevertheless, the decision not to renew his contract should be based on valid reasons."

    Keywords:

    complaint allowed; complaint allowed in part; contract; decision; duty to substantiate decision; fixed-term; grounds; non-renewal; organisation's duties; right;



  • Judgment 2403


    98th Session, 2005
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "It is not in doubt that an international organisation is under an obligation to take proper measures to protect its staff members from physical injury occurring in the course of their employment. The same is true with respect to loss of or damage to their personal property. As a matter of principle, the same must be true of financial loss suffered in the course of their employment. Particularly is that so where, as here, the loss is directly associated with compulsory participation in a fund established by the organisation and managed in accordance with rules which limit the participants' rights with respect to that fund."

    Keywords:

    complaint allowed; deficiency payment; liability; lump-sum; material injury; organisation's duties; participation; pension; provident fund; right; working conditions;



  • Judgment 2396


    98th Session, 2005
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Any administrative or disciplinary body of an organisation which consults a third party to obtain information concerning the professional behaviour of one of its staff members must naturally avoid impairing the latter's dignity and reputation. In the first place, it absolutely must ensure that the presumption of his innocence is maintained, and if its action is such as to breach the presumption of innocence or the fundamental rights of the staff member, making that action confidential is of no avail."

    Keywords:

    breach; communication to third party; confidential evidence; disciplinary procedure; executive body; international civil servant; moral injury; organisation's duties; qualifications; respect for dignity; right;



  • Judgment 2394


    98th Session, 2005
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant's appointment was terminated. "[I]t emerges quite clearly from the file that the irregularities committed [...], the careless way the Organization advertised the complainant's post before he had even had a chance to comment on the termination of his contract, and the way it admitted the unlawfulness of the termination notified on 29 August 2001 [...] only in a decision of 28 June 2003 notified to the complainant on 17 July 2003, severely harmed the complainant's legitimate interests and impaired his dignity." He is therefore entitled to a compensation for the financial and moral damage he incurred.

    Keywords:

    acceptance; allowance; competition; complaint allowed; complaint allowed in part; date of notification; delay; flaw; injury; material injury; misconduct; moral injury; organisation; post; respect for dignity; right; right to reply; staff member's interest; termination;



  • Judgment 2392


    98th Session, 2005
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    The complainant was not selected for a post. She contends that IFAD has not informed her of the reasons for rejecting her application. "[T]he evidence shows that, at best, the complainant was given only partial and incomplete oral reasons for the failure to give her preference, long after the internal appeal proceedings had been exhausted and the complaint to the Tribunal instituted. If reasons for a non-selection decision are to have any use at all they must be given in time for an unsuccessful candidate to decide what, if any, recourse should be sought. Here, they were not and the plea is well founded."

    Keywords:

    appointment; candidate; competition; complainant; complaint allowed; complaint allowed in part; delay; duty to inform; duty to substantiate decision; grounds; internal appeal; post; procedure; refusal; time limit;

    Consideration 6

    Extract:

    The complainant submits that the internal appeal procedure took far too long. "To this the Fund makes two replies: first, that the complainant implicitly accepted the delays because she did not appeal directly to the Tribunal once she had decided that matters were dragging before the Joint Appeals Board; secondly, that a large part of the delay was due to the JAB itself [...]. Neither argument is persuasive. It is true that according to the case law a complainant may come directly to the Tribunal when the internal procedure takes too long (see Judgment 2196 and the cases cited therein), but the fact that a complainant does not take advantage of this cannot be held against him or her. Likewise, whether the delay was due to IFAD's tardiness (as a very large part of it clearly was) or to the malfunctioning of the JAB is simply irrelevant in light of the organisation's duty to provide to the members of its staff an efficient internal means of redress. The complainant is entitled to damages. (See Judgments 2072 and 2197.)"

    Reference(s)

    ILOAT Judgment(s): 2072, 2196, 2197

    Keywords:

    acceptance; administrative delay; case law; cause; complainant; complaint allowed; complaint allowed in part; damages; delay; direct appeal to tribunal; grounds; internal appeal; internal appeals body; international civil servant; organisation's duties; procedure; right; time limit;



  • Judgment 2391


    98th Session, 2005
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant was issued a written censure. "Before the Appeal Board, [he] argued that [this] decision [...] was taken in breach of the principle of proportionality. In its report, the Board recommended that the parties seek a compromise solution in the light of that principle. [T]he Secretary-General did not follow the recommendation of the Appeal Board [...]. He was therefore under an obligation to state the reasons why he was disregarding that recommendation and instead maintaining the initial sanction, which is the second most serious, particularly so as to enable the Tribunal to check whether the principle of proportionality had been observed (see Judgment 2339, under 5). As the Secretary-General has not satisfied that obligation, his decision [...] must be set aside on the grounds that no reason has been given for the chosen sanction and the case must be referred back to him for a new decision."

    Reference(s)

    ILOAT Judgment(s): 2339

    Keywords:

    breach; case sent back to organisation; complaint allowed; complaint allowed in part; consequence; decision quashed; disciplinary measure; duty to substantiate decision; executive head; general principle; internal appeals body; judicial review; organisation's duties; proportionality; recommendation; refusal; report; settlement out of court; warning;



  • Judgment 2381


    98th Session, 2005
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "[I]t is essential that both salaries and pensions be paid punctually and in full, if only on account of the precise commitments which beneficiaries may have to honour at the end or the beginning of each month. It would be unacceptable for the Tribunal, when dealing with a complaint of this kind, to take shelter - as the defendant has suggested - behind the principle of de minimis non curat praetor in order to dismiss the matter because it concerns apparently trifling amounts. That would be conceivable only if the Statute of the Tribunal included a provision whereby cases were subject to a prior selection process according to the magnitude of the interests at stake, which is not the case."

    Keywords:

    amount; complaint; date; grounds; iloat statute; organisation's duties; payment; pension; procedure; provision; salary;



  • Judgment 2373


    97th Session, 2004
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    After the decision not to renew his contract the complainant was placed on special leave with full pay until the end of the contract and his access to the building was withdrawn. When he went to the OPCW's premises in order to hand in his request for review, he was escorted at all times by a security officer. The complainant considered this treatment to be an affront to his dignity. "Without in any way denying that the OPCW, like many other international organisations, must be vigilant about matters of internal security, the Tribunal notes that neither in the impugned decision nor in its reply does the Organisation give any explanation as to why it was thought necessary to treat the complainant in such a humiliating manner. Except in the most urgent cases, the requirements of security can almost always be fully met while still respecting the rights and dignity of individuals. This is especially so where [...] there is no breach of discipline involved and the person concerned has for many years occupied a position of trust to the Organisation's apparent complete satisfaction. [...] The Tribunal assesses [the moral] damages at 10,000 euros [...]."

    Keywords:

    assignment; breach; complaint allowed; complaint allowed in part; contract; grounds; injury; moral injury; non-renewal; organisation; organisation's duties; reply; respect for dignity; right; salary; satisfactory service; special leave;



  • 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 2358


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

    Consideration 18

    Extract:

    "[T]he Tribunal asserts categorically that, as a matter of law, the ambiguities must be resolved in the manner most favourable to staff members. That is simply an application of the general rule requiring that any ambiguous text should be construed against the interest of the person responsible for drafting it and in favour of the person upon whom it is imposed. (For a recent application of the rule, see Judgment 2290.)"

    Reference(s)

    ILOAT Judgment(s): 2290

    Keywords:

    complaint allowed; complaint allowed in part; enforcement; general principle; interpretation; organisation's interest; staff member's interest; written rule;



  • Judgment 2356


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

    Consideration 16

    Extract:

    The complainant claims damages for the injury resulting from the inclusion in her personnel file of a memorandum bearing negative remarks about her performance. "While there is no evidence whatsoever to support the complainant's claim that she was humiliated and that her future career prospects were adversely affected by this memorandum, the fact remains that the Appeals Committee found, and the Director-General accepted, that the document should be removed from her file. That necessarily implies an acceptance by the Organization that it had acted wrongly in putting it there in the first place. This entitles her to a nominal award of moral damages which the Tribunal evaluates at 500 euros."

    Keywords:

    acceptance; advisory opinion; breach; career; claim; complaint allowed; complaint allowed in part; damages; executive head; general service category; grade; injury; internal appeals body; international civil servant; lack of evidence; mistake of law; moral injury; personal file; request; respect for dignity; right; supervisor; unsatisfactory service;

< 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, 32, 33, 34, 35, 36, 37 | next >


 
Last updated: 26.02.2015 ^ top