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 2193


    94th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant, who had entered into a civil solidarity contract (pacte civil de solidarité, hereinafter 'pacs') with his male partner, informed the administration that his partner was entirely dependant on him. The organisation replied that, under the rules currently applicable within the United Nations system, the pacs was not recognised as a formal marriage that could create an entitlement to any benefits or allowances for a dependent spouse. The Tribunal shares the view that the organization "is not bound by contracts entered into under national laws".

    Keywords:

    contract; dependant; domestic law; family allowance; marital status; organisation's duties; same-sex marriage; sex discrimination;

    Consideration 11

    Extract:

    The complainant, who had entered into a civil solidarity contract (pacte civil de solidarité, hereinafter 'pacs') with his male partner, informed the administration that his partner was entirely dependant on him. The organisation replied that, under the rules currently applicable within the United Nations system, the pacs was not recognised as a formal marriage that could create an entitlement to any benefits or allowances for a dependent spouse. The Tribunal states that "neither the letter nor the spirit of the relevant texts cited by the parties, nor indeed the case law, enable partners bound by a pacs to be considered as having the status of spouses within the meaning of Staff Rule 103.9."

    Reference(s)

    Organization rules reference: UNESCO STAFF RULE 103.9

    Keywords:

    applicable law; case law; contract; dependant; domestic law; family allowance; interpretation; marital status; organisation's duties; same-sex marriage;



  • Judgment 2191


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

    Consideration 3

    Extract:

    "Organisations must carefully take into account the interests and dignity of staff members when effecting" a transfer to which the staff member concerned is opposed.

    Keywords:

    complaint allowed; complaint allowed in part; discretion; organisation's duties; respect for dignity; staff member's interest; transfer;



  • Judgment 2190


    94th Session, 2003
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "It is incomprehensible that no internal administrative investigation was conducted following an accident which involved a [...] vehicle [of the organization] driven by an employee of the organization in the context of an official mission, and which caused the death of two passengers, one of whom was a [...] staff member [of the organization], as well as the serious injuries suffered by the complainant. The fact that the Namibian authorities opened their own enquiry could not in any way exempt the organization from ascertaining whether the condition of the vehicle, the preparation of the mission and, more generally, the circumstances of the accident revealed any administrative failure, the consequences of which it would have a duty to bear. [...] There is no evidence to suggest that any internal enquiry whatsoever was conducted in connection with this accident. This failure caused the complainant an injury which the Tribunal considers to be equitably compensated by an award of 5,000 United States dollars."

    Keywords:

    accident; complaint allowed; complaint allowed in part; damages; injury; inquiry; member state; misconduct; omission; organisation's duties; service-incurred;



  • Judgment 2183


    94th Session, 2003
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "International organisations must take responsibility for decisions of their employees, even if they subsequently condemn those decisions."

    Keywords:

    complaint allowed; complaint allowed in part; decision; international civil servant; liability; organisation's duties;

    Consideration 19

    Extract:

    "The principle of the confidentiality of private messages stored in a professional e-mail account must be observed [...] In the event that access to an e-mail account becomes necessary for reasons of urgency or because of the prolonged absence of the account holder, it must be possible for organisations to open the account using appropriate technical safeguards. That state of necessity, justifying access to data which may be confidential, must be assessed with the utmost care."

    Keywords:

    appraisal of facts; complaint allowed; complaint allowed in part; discretion; force majeure; general principle; international civil servant; leave; organisation; organisation's duties; safeguard;



  • Judgment 2180


    94th Session, 2003
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The allegation that the reasons for the complainant's non-inclusion on the short list were not fully explained to her when she first asked for the reasons [...] becomes irrelevant in light of the undoubted fact that such reasons were fully and adequately given during the internal appeal procedure."

    Keywords:

    appointment; failure to answer claim; grounds; internal appeal; organisation's duties; procedure; refusal; request;



  • Judgment 2170


    94th Session, 2003
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "An international organisation has a duty to comply with its own internal rules and to conduct its affairs in a way that allows its employees to rely on the fact that these will be followed."

    Keywords:

    complaint allowed; complaint allowed in part; enforcement; international civil servant; organisation's duties; staff regulations and rules; written rule;

    Consideration 14

    Extract:

    The Organisation withheld the complainant's salary increment on the grounds that more time was needed to assess her performance. It claims that the complainant refused to cooperate with evaluations. "If that were the case, it was the job of the administration to deal with the situation and not to act as if the complainant did not exist[...] while there is no doubt that an employee cannot obtain the right to an annual salary increment by deliberately sabotaging the reporting process, it is equally the case that an employer cannot deprive its staff of the increments to which they are entitled by failing to complete the necessary preliminary steps."

    Keywords:

    complaint allowed; complaint allowed in part; failure to answer claim; grounds; increase; increment; increment withheld; international civil servant; organisation; organisation's duties; performance report; procedure; refusal; right; salary; time limit; work appraisal;

    Consideration 12

    Extract:

    The Organisation withheld the complainant's salary increment on the grounds that more time was needed to assess her performance. The Tribunal concludes from the relevant provisions that "the requirement that an annual performance report be established prior to the scheduled date of the annual salary increment is a formal one. The salary increment [...] was not preceded by an evaluation [...] it is the Organisation's responsibility to see to it that [an annual performance] report is prepared on time. a staff member's right to an increment cannot be defeated by the organisation's failure to comply with its own rules."

    Keywords:

    applicable law; binding character; breach; complaint allowed; complaint allowed in part; consequence; date; grounds; increase; increment; increment withheld; international civil servant; organisation; organisation's duties; performance report; provision; refusal; right; salary; time limit; written rule;



  • Judgment 2163


    93rd Session, 2002
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "An appointment by an international organisation is a discretionary decision. Being subject to only limited review, it may be set aside only if it was taken without authority or in breach of a rule of form or of procedure, or if it was based on a mistake of fact or of law, or if some material fact was overlooked, or if there was abuse of authority, or if a clearly wrong conclusion was drawn from the evidence. The Tribunal will, in cases like the present, exercise its power of review with special caution, its function being not to judge the candidates on merit but to allow the organisation full responsibility for its choice. [...] Nevertheless, anyone who applies for a post to be filled by some process of selection is entitled to have his application considered in good faith and in keeping with the basic rules of fair and open competition. That is a right that every applicant must enjoy, whatever his hopes of success may be (see Judgments 1077 [...], 1497 [...] and 1549 [...])."

    Reference(s)

    ILOAT Judgment(s): 1077, 1497, 1549

    Keywords:

    appointment; candidate; case law; competition; decision; decision-maker; discretion; disregard of essential fact; equal treatment; flaw; formal flaw; good faith; international civil service principles; judicial review; limits; mistake of fact; mistake of law; mistaken conclusion; misuse of authority; organisation's duties; procedural flaw; right;



  • Judgment 2162


    93rd Session, 2002
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Where a notice period ends after the expiry of a fixed-term contract, the notice requirement will be met if the contract is extended by the amount of time needed to make up the full period of notice."

    Keywords:

    complaint allowed; complaint allowed in part; contract; duration of appointment; extension; fixed-term; non-renewal; notice; organisation's duties; separation from service;



  • Judgment 2160


    93rd Session, 2002
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Clearly, most of the relief claimed is not within the power of the Tribunal to grant at this stage for it depends upon a finding by a competent body (a medical board) that the complainant in fact suffers from the psychological condition mentioned and a finding by another competent body (a compensation board) that such condition is service-related. Equally clearly, however, she is entirely within her rights to demand that such bodies be constituted without delay."

    Keywords:

    claim; competence of tribunal; complaint; complaint allowed; complaint allowed in part; delay; illness; medical board; organisation's duties; receivability; right;



  • Judgment 2157


    93rd Session, 2002
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2 and 3

    Extract:

    "The Tribunal is competent, ratione personae, to hear the complaint since, under Article ii, paragraph 6, of its Statute. The Tribunal is open to former staff members. However, Article ii, paragraph 5, restricts the Tribunal's competence, ratione materiae, to complaints alleging non-observance of the terms of appointment of officials and of provisions of an organisation's staff regulations. [...] As a general rule, a former staff member who applies for a post in an organisation after separation from it may not rely on the rules that governed his contract of appointment and so does not have access to the Tribunal (see, among others, Judgments 1845 [...] and 1554 [...])" except in the case of "any contractual obligation the [organisation] may have had to help the complainant to find new employment [...]."

    Reference(s)

    ILOAT reference: ARTICLE II (5) OF ILOAT STATUTE;
    ARTICLE II (6) OF ILOAT STATUTE

    ILOAT Judgment(s): 1554, 1845

    Keywords:

    candidate; case law; competence of tribunal; competition; complaint; contract; organisation's duties; receivability; staff regulations and rules;



  • Judgment 2145


    93rd Session, 2002
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5 to 8

    Extract:

    "In the Organisation's view, since the payments it was making to the complainant were entirely voluntary, a matter of grace and favour on its part, it was quite at liberty to suspend such payments when the complainant failed to fulfil her obligation to submit to the [...] medical examination [required by the Invalidity Committee]. [It] is wrong. The Invalidity Committee's report [...] was categorical in stating that the complainant must be regarded as not fit for work. That means that she was unable to perform her duties and at a minimum she was entitled to receive the emoluments provided for in Article 62(7) unless and until the Invalidity Committee made a further finding putting an end to her sick leave, extending it, or placing her on permanent disability. But, without the authorisation of the Invalidity Committee, the [Organisation] had no right by its own unilateral action to suspend the payments to which she was entitled by law. [...] There can be no doubt that the [complainant] has a clear obligation to assist the Invalidity Committee and to present herself as and when reasonably required to do so for examination or treatment. If she fails to do so, that might constitute grounds for the Invalidity Committee to declare her sick leave at an end or it might form the basis of disciplinary action. [However, the Organisation] cannot take the law into its own hands without regard for the complainant's rights or its own obligations under the Service Regulations. [...] The highhanded actions of the [Organisation] in cutting the complainant's payments are both unjustified and illegal. The impugned decision must be rescinded."

    Reference(s)

    Organization rules reference: ARTICLE 62 (7) OF THE SERVICE REGULATIONS

    Keywords:

    complaint allowed; disability benefit; disciplinary procedure; incapacity; invalidity; medical board; medical examination; medical fitness; organisation's duties; payment; pension entitlements; refusal; right; sick leave; staff member's duties; staff regulations and rules;



  • Judgment 2129


    93rd Session, 2002
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The complainants [state] that, according to the Tribunal's case law (see Judgment 1821, for example), adjustments to international civil servants' salaries must satisfy objective criteria of stability, foreseeability and transparency. The Tribunal considers that this line of precedent - concerning the determination of staff salaries, which is necessarily governed by very strict rules - is not entirely applicable to the determination of allowances granted for a specific purpose, such as that of covering expenses incurred by staff members on travel status. Even if it claims to be acting in the exercise of its discretion, and although the legal framework surrounding its action remains vague or non-existent, the administration must base its decisions on objective considerations and avoid breaching any of the guarantees protecting the independence of international civil servants."

    Reference(s)

    ILOAT Judgment(s): 1821

    Keywords:

    adjustment; allowance; analogy; breach; case law; compensatory allowance; compensatory measure; criteria; decision; discretion; duty to substantiate decision; grounds; independence; international civil servant; no provision; official travel; organisation's duties; purpose; safeguard; salary; travel expenses; written rule;



  • Judgment 2125


    93rd Session, 2002
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5 and 6

    Extract:

    The complainant's request to have his contract extended beyond retirement age was not allowed. "On the merits, the Agency is undoubtedly right in pointing out that the Director General has discretion in the matter, over which the Tribunal has only a limited power of review. This discretion enables the Agency to depart from the rule governing the normal age of retirement. [...] Although the Director General can determine the interest of the Agency, his decisions must be based on clear and coherent reasons. In this case, the reason given - that the request for an extension contained no indication as to whether any of the criteria [on the basis of which he may authorise such an extension] had been satisfied - is not valid, and the reason based on 'rejuvenation' of the staff is too general to constitute a sufficient justification for the refusal of the complainant's request." The Tribunal considers that "this reason is not in itself reprehensible, but it could be used to justify a systematic refusal to depart from the rule governing the normal age of retirement. [By setting out the criteria] the [Agency] established for itself a number of rules which it must apply."

    Keywords:

    age limit; complaint allowed; contract; criteria; decision; definition; discretion; exception; executive head; extension; grounds; iloat; international civil servant; judicial review; organisation; organisation's duties; organisation's interest; patere legem; refusal; request; retirement; written rule;



  • Judgment 2116


    92nd Session, 2002
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The [organization] was cavalier in the way in which it informed [the complainant] of what was to become of the selection process. For the complainant it was particularly important that she be informed promptly whether she could expect to be appointed, so that she could start to look for another job if need be. She contends, and the [organization] does not demur, that she had the more reason to be optimistic as she had been told unofficially that of all the applicants, she stood the best chance of being appointed. In these circumstances, the [organization] ought to have [informed] her [...] that reclassification was a serious possibility for the post in question. But it did not [...] thereafter, when a decision was taken [...] to withdraw the vacancy announcement, the organization should have informed the candidates immediately. [...] The complainant was so informed in writing [...] nearly four months later. Even if [...] she was informed by telephone [...] written notification was nonetheless an obligation. The complainant's personal interests have undoubtedly been harmed and some redress for the material and moral injury she suffered is warranted [...]."

    Keywords:

    appointment; assignment; candidate; competition; competition cancelled; complaint allowed; complaint allowed in part; damages; date of notification; delay; duty to inform; material injury; moral injury; organisation's duties; post; post classification; procedure; staff member's interest; time limit; vacancy notice;

    Consideration 11

    Extract:

    "A staff member who files an appeal is entitled to expect a decision to be taken within a reasonable time. Since an internal appeal is a necessary prelude to judicial review, the organization too must respect the need for expeditious proceedings. In this case more than two-and-a-half years elapsed between the complainant's appeal to the Appeals Committee and the Director-General's decision to reject it. Circumstances and the nature of the case demanded an expeditious appeal procedure. Since, in the internal appeal, the complainant was challenging a decision not to keep her on and claiming reinstatement, she needed to know quickly what the outcome of the appeal would be. Indeed, her future to some extent depended on it. Though it raised some delicate issues, the case was not particularly complex. The conclusion is that the appeal was not sufficiently expeditious. The amount of time usually needed to deal with such a case was far exceeded. As a result the complainant suffered injury warranting redress."

    Keywords:

    complaint allowed; complaint allowed in part; contract; damages; delay; exception; internal appeal; internal appeals body; non-renewal; organisation's duties; reasonable time; staff member's interest; time limit;

    Consideration 5 §1

    Extract:

    "Relations between an organisation and its staff must be governed by good faith. Furthermore, an organisation must treat its staff with due consideration and avoid causing them undue injury. In particular, it must inform them in advance of any action that may imperil their rights or rightful interests." See the case- law cited.

    Keywords:

    case law; complaint allowed; complaint allowed in part; decision; duty to inform; good faith; organisation's duties; respect for dignity; staff member's duties; staff member's interest;



  • Judgment 2113


    92nd Session, 2002
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6 §4

    Extract:

    If the notification of the Director General's final decision is incomplete - in the present case it did not include the Joint Appeals Board's recommendation, which should have been attached to it - the time limit for filing a complaint starts when the documents that should have been attached have actually been sent to the staff member.

    Keywords:

    decision; internal appeals body; omission; organisation's duties; report; start of time limit; time limit;



  • Judgment 2111


    92nd Session, 2002
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The Tribunal acknowledges that the relationship between officials and international organisations does not come to an end when they cease to work (see in this respect Judgment 986). It must therefore be recognised that former officials who consider that the terms of their contracts of employment or Staff Regulations have been disregarded, or that the administration has not accorded them the protection and guarantees deriving from their position as international civil servants, may avail themselves of the means of recourse available for the recognition of their rights [...]."

    Reference(s)

    ILOAT Judgment(s): 986

    Keywords:

    competence of tribunal; complainant; complaint; locus standi; organisation's duties; receivability; separation from service;



  • Judgment 2104


    92nd Session, 2002
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    An international organization has a "duty to warn the [staff member] about the non-renewal [of his contract] long enough in advance to enable him to exercise his rights and take whatever steps he saw fit." The present case concerned a short-term appointment which was renewed several times.

    Keywords:

    complaint allowed; complaint allowed in part; contract; duration of appointment; non-renewal; notice; organisation's duties; separation from service; short-term;



  • Judgment 2103


    92nd Session, 2002
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7 and 10

    Extract:

    "An organisation may try by all legal means to recover any money a staff member may owe it when he or she leaves service. But that does not entitle it to suspend or block consideration of the staff member's pension entitlements. [...] However, [the organization] was right to defer consideration of the complainant's entitlement to a repatriation allowance."

    Keywords:

    complaint allowed; complaint allowed in part; debt; organisation's duties; pension; pension entitlements; repatriation allowance; separation from service; terminal entitlements;



  • Judgment 2102


    92nd Session, 2002
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The duty laid on international organisations to treat their staff with due consideration and not to impair their dignity may extend beyond the term of their appointment. In charging a staff member with misconduct in the performance of duty an organisation must observe due process, otherwise it may be held liable even after its contractual or statutory ties with the official have ceased, and the Tribunal will entertain such matters."

    Keywords:

    competence of tribunal; complainant; complaint; locus standi; organisation's duties; receivability; respect for dignity; separation from service;



  • Judgment 2100


    92nd Session, 2002
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The Tribunal points out that an allegation of harassment must be borne out by specific facts, the burden of proof being on the person who pleads it, and that an accumulation of events over time may be cited to support an allegation of harassment (see for example Judgment 2067, [...], under 5 and 16)."

    Reference(s)

    ILOAT Judgment(s): 2067

    Keywords:

    burden of proof; evidence; moral injury; respect for dignity;

    Consideration 15

    Extract:

    "As to the remarks [the complainant] attributes to the chair of the Staff Union Committee and the quarrel she says arose between herself and a member of the staff union about union matters, the Tribunal endorses the Director's response to her that "the administration could not act without interfering in union matters"."

    Keywords:

    moral injury; organisation's duties; staff union; staff union activity;

< 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