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 411


    44th Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "the obligation of the organization [...] is to do all that is practicable to see that a staff member is given work and responsibility appropriate to his grade."

    Keywords:

    assignment; grade; organisation's duties;



  • Judgment 410


    44th Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "an incident of this sort between a p.6 officer and a regional director does not just explain itself [...] it was essential for the director-general to ascertain what explanation or excuse the complainant had to give. it cannot be said that it would inevitably have been unacceptable, since the [appeals] board, which characterised the complainant's conduct as 'not proper', none the less recommended that the reprimand should be withdrawn."

    Keywords:

    censure; conduct; disciplinary measure; inquiry; organisation's duties;



  • Judgment 406


    43rd Session, 1980
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    there is provision for the possibility of an extension and an expert, "whose assignment has run smoothly and for whom the circumstances show a continuing need, is entitled to expect that [...] an unprejudiced decision will be taken in the interests of the organisation. this does not mean that the organisation is required to justify a non-renewal as if it was an interference with a contractual right."

    Keywords:

    contract; fixed-term; legitimate expectation; non-renewal; organisation's duties; organisation's interest; project personnel;



  • Judgment 405


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "provided that he does not alter the grade, reduce the salary or show lack of consideration, the director-general is free to assign provisionally to staff members the duties of officials holding a lower grade if that is in the organisation's interests."

    Keywords:

    assignment; discretion; organisation's duties; organisation's interest;



  • Judgment 404


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "the complainant maintains that the organisation was remiss in facilitating her transfer to some other international organisation. her plea can succeed only if the organisation was under a duty to find for her or help her to find other employment. it was not".

    Keywords:

    duty of care; fixed-term; non-renewal; organisation's duties; transfer;



  • Judgment 402


    43rd Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "if there is doubt about the safety of a place of work, it is the duty of the employer to make the necessary inquiries and to arrive at a reasonable and careful judgement [...] if [the employee] accepts the order, as prima facie he is bound to do, and the employer has failed to exercise due skill and care in arriving at his judgment, the employee is, subject to any contrary provision in the contract, entitled to be indemnified in full against the consequences of the misjudgment."

    Keywords:

    acceptance; assignment; damages; duty station; inquiry; negligence; organisation; organisation's duties; right; special hazard;



  • Judgment 397


    43rd Session, 1980
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    the provision concerning the publication of a vacancy notice and consultation of the appointment and promotion board "applies [...] to posts put up for open competition both within and outside the organisation. but the organisation's purpose was merely to alter the position of serving officials by giving them new duties or higher grades."

    Keywords:

    organisation's duties; procedure; reorganisation;



  • Judgment 396


    43rd Session, 1980
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "under any contract of appointment the organization, even in the absence of express provision, is bound to respect an official's dignity and reputation - in other words to beware of putting him needlessly in a difficult personal position. if the organization fails in that duty it may be ordered to pay compensation, even if there is no decision to be set aside [...] however, only for serious wrong likely to prove damaging to a staff member's career."

    Keywords:

    damages; no provision; organisation's duties; professional injury; respect for dignity;



  • Judgment 389


    43rd Session, 1980
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "since the complainant failed to come up to the [organization's] expectations during the probationary period, he had no right to ask for a transfer to another post." the refusal to assign him elsewhere was correct. insofar as that decision was taken on the grounds of his unsatisfactory performance it is warranted for a reason of fact which the tribunal will not question. "the [organization] was not bound to find alternative employment for a staff member whose appointment was correctly terminated during the probationary period."

    Keywords:

    organisation's duties; probation; termination; unsatisfactory service;



  • Judgment 388


    43rd Session, 1980
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    according to the fao manual, before terminating an expert's appointment the organization must make sure that it cannot find him other employment. the organization "must show the diligence which the circumstances of the case require." in this case, "it was dilatory", took "a hasty decision and one which had not been preceded by any prompt inquiries."

    Keywords:

    abolition of post; contract; organisation's duties; project personnel; reassignment;

    Consideration 8

    Extract:

    the complainant lost his job by virtue of a provision concerning the abolition of posts. for reasons of his age, seniority, the expectation that he would soon retire and family responsibilities, "the complainant had a certain right to preference, even over more highly qualified candidates. that does not mean [...] that he should have been appointed in preference to any other candidate. [...] in putting him on the same footing as the others, the organization failed to take due account of all the relevant factors of his case."

    Keywords:

    abolition of post; complaint allowed; contract; disregard of essential fact; organisation's duties; priority; project personnel; reassignment; termination;



  • Judgment 381


    42nd Session, 1979
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    a provision in the staff rules "expressly provides that the director-general shall consult with his staff [...]. this makes it difficult to imply a further term requiring him not merely to consult but to negotiate".

    Keywords:

    collective bargaining; consultation; enforcement; organisation's duties; provision; staff regulations and rules;

    Consideration 6

    Extract:

    the obligation put upon an employer to negotiate changes in salary may be a condition of the contract of employment, but it would have to be specifically expressed in the individual contract or very clearly implied. "merely because the term is contained in a collective agreement, it cannot be deemed ipso facto to be incorporated in the individual contracts of all those affected by the collective agreement."

    Keywords:

    amendment; collective bargaining; contract; organisation's duties; provision; salary; terms of appointment;



  • Judgment 380


    42nd Session, 1979
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    the experts were not in agreement about the methodology or the salary-scale figures. "in these circumstances it would be natural for [the director] to contact his staff association in order to ascertain their views and, if necessary, negotiate with them to reach an agreed figure. this is something which a [director] might do even if contact was not prescribed by the staff regulations."

    Keywords:

    collective bargaining; no provision; organisation's duties; reckoning; salary; scale; staff union;

    Consideration 27

    Extract:

    the question is whether the duty of consultation for which provision is made in the statutory texts had been modified by the practice of the preceding ten years or more and expanded to embrace negotiation. "if negotiation is different from consultation, it is difficult to see how the change could be made otherwise than by an amendment made in accordance with the staff regulations."

    Keywords:

    collective bargaining; consultation; no provision; organisation's duties; practice;

    Consideration 18

    Extract:

    vide judgment 381, consideration 8.

    Keywords:

    collective bargaining; consultation; enforcement; organisation's duties; provision; staff regulations and rules;

    Consideration 16

    Extract:

    vide judgment 381, consideration 6.

    Keywords:

    amendment; collective bargaining; contract; organisation's duties; provision; salary; terms of appointment;



  • Judgment 378


    42nd Session, 1979
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    according to the applicable provisions, the director-general is entitled to abolish posts, with due respect for given criteria. the director-general had to abolish posts and did not disregard the material criteria. the organisation was under no duty to take extraordinary temporary measures; the provisions in force in other organisations are not relevant. the dismissal was therefore valid.

    Keywords:

    abolition of post; discretion; organisation's duties; termination;



  • Judgment 367


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "just as it is implicit in every contract of service that the staff member shall be loyal, shall treat his superiors with due respect and shall guard the reputation of the organization, so it is implicit that the administration in its treatment of staff members shall have a care for their dignity and reputation and shall not cause them unnecessarily personal distress."

    Keywords:

    general principle; organisation's duties; organisation's reputation; professional injury; respect for dignity; staff member's duties; supervisor;

    Summary

    Extract:

    after 20 years of "laudable service", the complainant, a "valuable member of [the organization's] staff" was transferred. the organization, in its treatment of the complainant, failed in its obligation to show due regard for his dignity and reputation; the director-general's apology did not remedy the situation.

    Keywords:

    complaint allowed; decision quashed; moral injury; organisation's duties; respect for dignity; satisfactory service; transfer;

    Consideration 16

    Extract:

    "often distress and disappointment cannot be avoided but, where [they], can be, [they] should be. as in all organisations, the staff member must take the rough with the smooth and there are bound in management to be pieces of clumsiness or tactlessness which can be sufficiently smoothed over by apology or explanation."

    Keywords:

    moral injury; organisation's duties; working relations;



  • Judgment 361


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 42

    Extract:

    "the tribunal concludes that the injury done to the complainant's feelings and reputation is so grave as to amount to a breach of obligation which calls for compensation. there must also be considered under this head the failure of the organisation to do all that is practicable to see that a staff member is given work and responsibility appropriate to his grade." [the complainant was summarily relieved of his duties as acting director of his division and left idle.]

    Keywords:

    moral injury; organisation's duties; professional injury; refusal to assign work;

    Consideration 9

    Extract:

    vide judgment 367, consideration 16.

    Keywords:

    organisation's duties; organisation's reputation; professional injury; respect for dignity; staff member's duties; supervisor;

    Consideration 9

    Extract:

    vide judgment 367, consideration 16.

    Keywords:

    moral injury; organisation's duties; working relations;



  • Judgment 359


    41st Session, 1978
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "... it appears from the evidence in the dossier that the circumstances in which the complainant's appointment ended amount to an abuse of authority. [no description of post, no detailed comment on his performance, hence either omission of essential facts or clearly mistaken conclusions from the facts, hence quashing of decision.]

    Keywords:

    complaint allowed; contract; decision quashed; disregard of essential fact; fixed-term; mistaken conclusion; misuse of authority; non-renewal; omission; organisation's duties; performance report; post description;



  • Judgment 339


    40th Session, 1978
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    the language and form of the document and the circumstances in which it was executed support the view that the organization intended to make a commitment, albeit one that was subject to conditions. "owing to its failure to distinguish between a contract to appoint and the fact of appointment itself, the organization erroneously believed that it would not be legally bound until the appointment was actually made."

    Keywords:

    appointment; condition; consequence; contract; formal requirements; intention of parties; organisation's duties;



  • Judgment 333


    40th Session, 1978
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    the members of a committee set up to examine appeals against post grading decisions began their work and subsequently resigned. instead of following the recommendations already made by the old committee, the director-general set up a new one. he was therefore bound to start the proceedings all over again. to be lawful the new committee's recommendations could only be made after hearing the persons concerned. the director-general's decisions based on unlawful recommendations are quashed. the case is "referred back to the director-general for a new decision, to be taken after due consultation of the ... grading appeals committee."

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; flaw; internal appeals body; organisation's duties; procedural flaw; procedure; recommendation;



  • Judgment 325


    39th Session, 1977
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    the complainant refused two posts successively. the evidence shows that "he was consulted before any decision was taken. such consultation was an essential formality, but in this case adequate. in particular, as appears from the [applicable] texts, the complainant did not have to give his prior consent."

    Keywords:

    complainant; consultation; organisation's duties; refusal; transfer;

    Considerations

    Extract:

    the provisions cited "are in keeping with the general principles of international public service, which affirm the priority of the general interest, represented in each organisation by the director-general, over individual interests."

    Keywords:

    international civil service principles; organisation's interest; staff member's interest;



  • Judgment 323


    39th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "bearing in mind that the salary scales are established in consultation and on the basis of [certain] guiding principles, it is ... [the director-general's] duty in making revisions to have regard to the guiding principles. subject to this, his power to fix salary scales under [the applicable provision] is a discretionary one."

    Keywords:

    amendment; discretion; organisation's duties; salary; scale;

    Consideration 21

    Extract:

    "many of the obligations put upon the organization by the [staff] regulations are in general terms, leaving the organization free to choose its own method of discharging them. ... once it is settled, [the method] becomes, until it is altered, part of the obligation. ... until [a] change is made, an official is entitled to have the obligation discharged in the manner selected by the organization itself..."

    Keywords:

    amendment; discretion; enforcement; organisation's duties; practice; staff regulations and rules;

    Consideration 20

    Extract:

    under the applicable provision, the director-general is required "to fix [general service] salary scales on the basis of the best prevailing conditions. this is an obligation of a very general character and the director-general has a very wide discretion as to how he will carry it out."

    Keywords:

    discretion; fleming principle; general service category; organisation's duties; salary; scale;

    Consideration 22

    Extract:

    "council decisions in staff matters are to be read as an instruction to the director-general. it is his duty to put them into a form which clearly conveys to the official in precisely what way his rights are affected. it is the director-general's decision which the official is entitled to have..."

    Keywords:

    decision; duty to inform; enforcement; executive body; executive head;

    Consideration 23

    Extract:

    "every time the organization commits a breach of an obligation, it necessarily decides to commit that breach. no matter how often a similar breach is repeated, it is not the same breach nor the same decision, and it gives rise to a fresh cause for complaint. ... if an organisation is in continuing breach a complaint alleging the breach may be made at any time..."

    Keywords:

    complaint; continuing breach; organisation's duties; receivability;

< 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