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 972
66th Session, 1989
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
By virtue of Regulation 1.2 of the WMO Staff Regulations and Staff Rules, "as the executive head of the Organization the Secretary-General is under a duty to lay down and enforce rules that are consistent with the broad principles of policy set out in the Staff Regulations for the staffing and administration of the Secretariat and to ensure respect for the fundamental conditions of service and basic rights of staff members set out in the Rules."
Reference(s)
Organization rules reference: REGULATION 1.2 WMO STAFF REGULATIONS AND STAFF RULES
Keywords:
enforcement; organisation's duties; staff regulations and rules; terms of appointment;
Judgment 969
66th Session, 1989
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant is accused of having typed two defamatory memoranda. "It is common ground that the burden of proof rests on the organization. By declining to admit the charges, as she was entitled to do, the complainant required the organization to prove its case; and although the proceedings are not criminal the seriousness of the charges and the concomitant penalty demand that before there can be a finding against the complainant the charges must be proved beyond reasonable doubt."
Keywords:
burden of proof; disciplinary measure; misconduct; organisation; organisation's duties;
Judgment 946
65th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The organization [is] in breach of the duty of consideration it owes its staff, of the principle of good faith and of the rule that the staff member has a right to be kept informed of any action that may affect his rights or legitimate interests."
Keywords:
contract; duty to inform; fixed-term; good faith; non-renewal of contract; organisation's duties;
Judgment 942
65th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is plain from the evidence now before the Tribunal that the transfer was flawed: first, no objective and impartial inquiry, such as the complainant had been asking for all along, had been carried out beforehand; and, secondly, there was breach of the duty any international organisation owes its staff to treat them with respect for their dignity and good name. The impugned decision must therefore be set aside."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
flaw; inquiry; investigation; moral injury; organisation's duties; professional injury; respect for dignity; transfer; working relations;
Judgment 939
65th Session, 1988
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was transferred without prior consultation of the Selection Board as required under Article 4.2(f) of the Staff Regulations. The Tribunal holds that the breach of procedure was minor, though it did cause the complainant injury. The Tribunal will therefore refrain from quashing the impugned decision and will order the organisation to pay the complainant damages and a further sum towards costs.
Reference(s)
Organization rules reference: ARTICLE 4.2 OF THE ILO STAFF REGULATIONS
Keywords:
consultation; costs; flaw; injury; material damages; organisation's duties; procedural flaw; selection board; transfer;
Judgment 938
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"A staff member cannot be separated while on sick leave."
Keywords:
contract; extension of contract; fixed-term; illness; non-renewal of contract; organisation's duties; sick leave; unsatisfactory service;
Judgment 922
65th Session, 1988
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal set aside the original dismissal and ordered review. Compliance with its ruling calls for more than a bald affirmation that there has been further inquiry. The complainant ought to have been received and given his say, and the decision he is now challenging ought to have set out the findings of the further inquiry. Such response to the Tribunal's ruling is cavalier and unacceptable."
Keywords:
confirmatory decision; consequence; decision; flaw; organisation's duties; procedure before the tribunal; right to reply;
Judgment 917
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The "principles that govern the international civil service [...] forbid discrimination and require that all members of the staff be treated considerately and with respect for their dignity."
Keywords:
equal treatment; general principle; international civil service principles; organisation's duties; respect for dignity;
Judgment 911
64th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"Although, as UNESCO says and indeed the Tribunal has held, facilities are not a matter for negotiation or agreement and although no obligation attaches to the actual outcome of consultations, one of an executive head's duties is to consult the staff association in keeping with [...] general principles [...] reflected in Chapter VIII [of the Staff Regulations]."
Reference(s)
Organization rules reference: CHAPTER VIII OF THE UNESCO STAFF REGULATIONS
Keywords:
consultation; enforcement; facilities; general principle; organisation's duties; staff regulations and rules; staff union;
Judgment 910
64th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"It is not reasonable for a former employee who had been absent for five months to assume that there had been no change in policy affecting the rights of employees during the period of her absence. If the prospect of on-local status was indeed an important factor in her applying for further employment it was incumbent upon her to find out whether the same practice applied as before. Had she done so she would have been told that it did not. Since she failed to do so she may not rely on the organization's failure to inform her of the change since there was no such duty on the organization."
Keywords:
amendment to the rules; duty to inform; local status; non-local status; organisation's duties; practice; terms of appointment;
Judgment 907
64th Session, 1988
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In Judgment 807 the Tribunal remanded the case for a new decision. It gave due instructions, observing that the complainant had not had the opportunity of answering the allegations about his work and the disruption of his section; it said that the organisation might resume the dismissal procedure on some other grounds provided for under the Staff Regulations. There were, quite plainly, supposed to be adversarial proceedings before the new decision was taken."
Reference(s)
ILOAT Judgment(s): 807
Keywords:
adversarial proceedings; consequence; flaw; organisation's duties; right to reply; termination of employment;
Judgment 902
64th Session, 1988
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
"If a staff member [...] lodges an appeal under the Staff Regulations he may thereby also challenge the lawfulness of any decision of the Permanent Commission's that affords the legal basis for the individual decision by the appointing authority if he alleges breach of the rules and principles of the international civil service that are binding on the organisation. As the Tribunal says in Judgment 899 [...], under 19, an organisation may not cite its own decision-making procedures to avoid compliance with the rules in dealings with staff."
Reference(s)
ILOAT Judgment(s): 899
Keywords:
competence of tribunal; enforcement; general decision; international civil service principles; legislative body; organisation's duties;
Judgment 901
64th Session, 1988
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"When an international official on mission shows professional shortcomings or fails in his duty of 'reserve' the government may of course ask the organisation to withdraw him. But termination is not the inevitable outcome. For one thing, so long as the contract is in force the Director-General does not have discretionary authority; for another, he may discuss the matter with the government [...] In any case even when the organisation acquiesces it need not terminate the appointment on that account."
Keywords:
consequence; discretion; duty of discretion; field; misconduct; organisation's duties; persona non grata; project personnel; termination of employment;
Judgment 899
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"The EPO's replies to the complaints are perfunctory. [The organisation] merely cites the policy of one of the seven chosen countries and the Council's posture without actually addressing the objective criteria applied in reckoning pay and working out the scale.* Not by submissions of that kind may it avoid compliance with the rules in dealings with staff. It is preventing the Tribunal from determining the ambit of the dispute and exercising its power of review."
*the material issue is the impact on EPO salaries of a deduction levied on salaries in the Dutch civil service.
Keywords:
deduction; general decision; organisation's duties; reduction of salary; salary;
Judgment 896
64th Session, 1988
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"When his post is abolished someone with a fixed-term appointment is ordinarily entitled to fair compensation or other redress. The amount and the manner of determining it will depend on the particular circumstances of the organisation and an assessment of the staff member's own situation, and seniority, record of service and the terms of his appointment. The decision must not be discriminatory or tainted with any other flaw."
Keywords:
abolition of post; amount; compensation; contract; elements; fixed-term; organisation's duties; terminal entitlements; termination of employment;
Judgment 894
64th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is mistaken to contend that an appointment cannot be terminated until there has been a proper medical check-up as prescribed by the Rules. [...] In fact [the check-up] is the consequence of termination."
Keywords:
consequence; contract; fixed-term; medical examination; non-renewal of contract; organisation's duties; separation from service;
Judgment 892
64th Session, 1988
International Office of Epizootics
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant challenges the non-renewal of her contract. She alleges breach of an oral promise of automatic renewal. But she offers no proof of the allegation. "Even supposing she were right and the head of personnel had said that fixed-term appointments were automatically renewed, there would not necessarily be a binding rule but just a common practice which would neither require the Director General to employ her nor confer on her any right to renewal."
Keywords:
contract; evidence; extension of contract; fixed-term; lack of evidence; non-renewal of contract; organisation's duties; practice; promise;
Judgment 873
63rd Session, 1987
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Staff Regulations do not say what notice shall be given or how much shall be paid in compensation to the redundant staff member. [...] When his post is abolished someone with a fixed-term appointment is ordinarily entitled to notice and to fair and reasonable compensation. The amount and the manner of determining it will depend on the particular circumstances of the organisation and an assessment of the staff member's own situation and seniority and the terms of his appointment. The decision must not be discriminatory or tainted with any other flaw."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
abolition of post; amount; compensation; elements; moral injury; no provision; notice; organisation's duties; terminal entitlements;
Judgment 872
63rd Session, 1987
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
By virtue of Article LS VI 1.08 of the ESO Staff Regulations and Staff Rules "the Director General may appoint a committee which includes local staff members to advise him on specific cases of disputes and appeals." "The power thus given to the Director General is discretionary. He decided in this case that it was not necessary to appoint a committee to advise him; no reasons have been advanced why his decision should be overruled and it therefore stands unchallenged."
Reference(s)
Organization rules reference: ARTICLE LS VI 1.08 OF THE ESO STAFF REGULATIONS AND STAFF RULES
Keywords:
advisory body; consultation; discretion; internal appeal; internal appeals body; organisation's duties; procedure before the tribunal;
Judgment 857
63rd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal has said there must be reasonable notice of non-renewal, with due regard to the particular circumstances of each case. But she was well warned, for the first time orally over a year before expiry and in writing fifty days before, that her appointment would not be renewed."
Keywords:
contract; fixed-term; non-renewal of contract; notice; organisation's duties; reasonable time; time limit;
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