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Organisation's duties

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Keywords: Organisation's duties
Total judgments found: 713

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  • Judgment 2324


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

    Consideration 13

    Extract:

    "A decision to place a senior officer on leave with or without pay pending a review of his or her performance is one that inevitably affects that person's dignity and good name and, moreover, it is one that will almost certainly carry adverse consequences for his or her career. Where, as here, the decision is unlawful, the person concerned is entitled to compensation. However, the measure of compensation may vary according to whether, on the one hand, the decision might otherwise properly have been taken in the circumstances or, on the other, whether it appears to have been taken for an improper purpose." [See consideration 18 for the Tribunal's appreciation of the purpose.]

    Keywords:

    amount; career; compensation; complaint allowed; complaint allowed in part; grounds; misuse of authority; moral injury; proportionality; respect for dignity; special leave; unpaid leave; 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 2315


    96th Session, 2004
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 25

    Extract:

    The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. "A change in the nature of the discretion to be exercised in determining whether to grant future rights by the extension or renewal of a contract cannot be said to effect a change in an existing legal interest, much less in an existing legal right or existing legal status. Accordingly, the seven year policy embodied in [the] directive [...] is not retroactive even if the seven year period is computed from a time prior to the proclamation of that policy."

    Keywords:

    amendment; appointment; career; complaint allowed; complaint allowed in part; consequence; contract; date; decision; discretion; exception; extension; general principle; international civil servant; limits; non-local status; organisation; period; professional category; publication; reckoning; right; staff member's interest; status of complainant; terms of appointment; written rule;

    Considerations 22 and 23

    Extract:

    "There are two aspects to the rule against retroactivity. The first is a rule of interpretation which requires that a provision not be construed as having retroactive effect unless that is clearly intended. The second is a substantive rule of international civil service law which, as explained in Judgment 1589, prevents a retroactive change in the legal status of staff save in limited circumstances [...]. However, to state the rule in this way is not to expose what is meant by 'retroactive'. In general terms, a provision is retroactive if it effects some change in existing legal status, rights, liabilities or interests from a date prior to its proclamation, but not if it merely affects the procedures to be observed in the future with respect to such status, rights, liabilities or interests."

    Reference(s)

    ILOAT Judgment(s): 1589

    Keywords:

    amendment; case law; collective rights; complaint allowed; complaint allowed in part; condition; consequence; date; definition; effect; exception; general principle; international civil servant; international civil service principles; interpretation; non-retroactivity; organisation's interest; procedure; provision; publication; purpose; right; staff member's duties; staff member's interest;



  • 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 2306


    96th Session, 2004
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10 and 15

    Extract:

    As a general rule, damages for breach of contract, including wrongful termination of a contract of employment, are confined to the amount necessary to put the injured party in the position he or she would have enjoyed if the contract had been performed. Thus, ordinarily, in the case of wrongful termination, an employee is entitled to material damages consisting of salary and entitlements up to the date on which the contract would normally have expired. In this case "the Appeals Committee found that 'the [complainant's] dignity had been harmed by the administrative procedure leading to termination and that some redress for the material and moral injury he suffered [was] warranted' [...]. Notwithstanding that finding, the Committee only recommended payment of an amount equivalent to salary and allowances until the end of the complainant's fixed-term contract. As already explained, he was entitled to that amount for material damage. Thus, the effect of the recommendation of the Appeals Committee was to deny the complainant compensation for moral injury notwithstanding its finding that his dignity had been harmed. That was an error of law and, as the Director-General's decision was based on the recommendations of the Appeals Committee, it necessarily involves the same error of law."

    Keywords:

    allowance; amount; breach; compensation; complaint allowed; complaint allowed in part; consequence; contract; decision; effect; executive head; fixed-term; general principle; internal appeals body; international civil servant; material injury; mistake of law; misuse of authority; moral injury; procedure; recommendation; reconstruction of career; respect for dignity; right; salary; same; 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

    Consideration 2294

    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. [...] the 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;



  • 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;

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Last updated: 24.04.2014 ^ top