Organisation's duties (202, 203, 204, 205, 206, 207, 208, 645,-666)
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Keywords: Organisation's duties
Total judgments found: 652
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Judgment 2307
96th Session, 2004
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
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.
The complainant is, accordingly, right in maintaining that the assessment which led the Reports Board to recommend that her contract should not be extended and the Director-General subsequently to endorse that recommendation, was based on information which should not have been taken into consideration.
Keywords:
internal appeal; non-renewal of contract; official; organisation's duties; performance report; submissions; termination of employment;
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:
enforcement; equal treatment; evidence; judicial review; limits; official; organisation's duties; payment; provision; publication; purport; reasonable time; refund; right; tax; terms of appointment; time limit;
Judgment 2294
96th Session, 2004
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10-11
Extract:
Case of an official who served the Organization for 16 years and always gave satisfaction, whose post was abolished. The Organization states "that although the complainant was entitled to apply for posts which fell vacant after his appointment had been terminated, he did not do so. [T]he Tribunal considers that it was up to [the Organization] to make proposals to the complainant and to give some preference to his application."
Keywords:
abolition of post; appointment; candidate; official; organisation's duties; post; post held by the 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 11-12
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; official; 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; 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; condition; consultation; disciplinary measure; disciplinary procedure; formal requirements; general principle; misconduct; official; 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:
abuse of power; delay; due process; hidden disciplinary measure; internal appeal; internal appeals body; lack of consent; misuse of authority; organisation's duties; procedural flaw; procedure before the tribunal; 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; 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; confidential evidence; internal appeals body; lack of consent; medical certificate; medical records; organisation's duties; right to privacy; sick leave;
Judgment 2261
95th Session, 2003
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15-16
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:
concurrent employment; conduct; decision; 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 of employment; 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:
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. In the present case, a written proposal by the Director of the Administration Division would have been particularly necessary for consideration of the complainant's case. His plea based on the breach of Administrative Directive No. 20 (Rev.2) therefore succeeds.
Keywords:
contract; due process; effect; non-renewal of contract; omission; organisation's duties; procedure before the tribunal; 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
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 12-13
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; date; injury; internal appeal; new plea; organisation's duties; receivability of the complaint; 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; 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 to the rules; discretion; equal treatment; general principle; organisation's duties; procedure before the tribunal; 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; decision; discontinuance; effect; formal requirements; general principle; grade; grounds; official; organisation's duties; organisation's interest; post; post held by the complainant; respect for dignity; 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; decision; disciplinary measure; formal requirements; official; 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; consequence; disciplinary measure; disclosure of evidence; evidence; formal requirements; misconduct; official; 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 STATUTE
Keywords:
competence of tribunal; consequence; executive head; formal requirements; good faith; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; organisation; organisation's duties; procedure before the tribunal; receivability of the complaint; refusal; staff member's duties;
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