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Organisation's duties

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Keywords: Organisation's duties
Total judgments found: 714

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  • Judgment 1019


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    vide judgment 1020, consideration 13.

    Reference(s)

    ILOAT Judgment(s): 1020

    Keywords:

    acquired right; amendment; equal treatment; general principle; good faith; judicial review; non-retroactivity; organisation's duties; terms of appointment; transfer of headquarters;

    Consideration 2

    Extract:

    vide judgment 1020, consideration 2.

    Reference(s)

    ILOAT Judgment(s): 1020

    Keywords:

    collective bargaining; consultation; difference; organisation's duties;



  • Judgment 1017


    69th Session, 1990
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    paragraph 3(v) of an ifad administrative instruction on probation under fixed-term appointments reads: "where it is deemed by the head of department that the staff member's performance is less than satisfactory, he/she will be immediately informed by the head of department that a decision from the president will be sought to terminate his/her services by letting the period of probation lapse." the president's decision to terminate the complainant's appointment at the end of the extended period of probation was flawed by non-compliance with this requirement. because the decision was in breach of the procedural rule, the tribunal will set it aside and award the complainant substantial compensation for the improper termination of her contract and for moral damages.

    Keywords:

    complaint allowed; damages; decision quashed; duty to inform; flaw; moral injury; probation; procedural flaw; termination; unsatisfactory service;



  • Judgment 1010


    68th Session, 1990
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    the complainant appealed against the decision to dismiss him after expiry of the time-limit. he maintains that "he was never told of the time limits in the rules. though that plea might succeed in exceptional cases it cannot in this one, since the complainant was given a copy of the staff regulations and staff rules on conclusion of the contract of appointment."

    Keywords:

    duty to inform; internal appeal; staff regulations and rules; time limit;



  • Judgment 999


    68th Session, 1990
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4 and 5

    Extract:

    the complainant was accused of grave misconduct. an inquiry was held into the facts in the absence of the complainant. the tribunal held that "whoever makes inquiries of the kind that were made in this case must be scrupulous in not taking evidence from one party without the other's knowledge. whether or not the evidence did work to the complainant's prejudice is irrelevant. it is sufficient that it might have done so, and it is not the likelihood but the risk of prejudice that is fatal. there can be no certainty that justice will be done if evidence is taken in the absence of one of the parties. the proceedings in the appeal the complainant lodged against the decision [...] to dismiss him show a breach of due process".

    (note: see judgment 2601, under 7)

    Reference(s)

    ILOAT Judgment(s): 2601

    Keywords:

    flaw; inquiry; organisation's duties; right to reply; serious misconduct; termination;



  • Judgment 996


    68th Session, 1990
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "the requirement in [article r ii 1.24 of] the [eso] staff regulations that the staff member consent to transfer is in marked contrast to other international organisations, in which transfer is common and the executive head has discretion to transfer staff from one duty station to another whether they consent or not. the complainant is correct in his submission that there is no provision in the eso's rules for dismissal on the grounds of refusal of transfer."

    Reference(s)

    Organization rules reference: ARTICLE R II 1.24 OF THE ESO STAFF REGULATIONS

    Keywords:

    complaint allowed; decision quashed; duty station; enforcement; organisation's duties; refusal; reinstatement; staff regulations and rules; termination; transfer;



  • Judgment 991


    68th Session, 1990
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    to mark its tenth anniversary celebration the european patent organisation granted a bonus to each of "all active permanent employees in post on 1 october 1987". as the complainant was then on unpaid leave "on personal grounds" he did not qualify for the benefit. the tribunal holds that while the organisation is free to award special bonuses and free to decide who will receive them, it must apply objective criteria when doing so and avoid all arbitrary distinctions.in the instant case the restriction was based on objective criteria founded on provisions in the staff regulations.

    Keywords:

    compassionate leave; consequence; judicial review; leave; organisation's duties; payment; salary; special leave;



  • Judgment 990


    68th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "having put the scale of pensionable remuneration into its own staff regulations, the ilo has a duty to ensure the payment of the corresponding benefits. the sole purpose of pensionable remuneration is the reckoning of the pension, and if the pension discounts the scale in the staff regulations because the organisation has entrusted the matter to another body, the ilo must make good the loss to its staff, who are entitled to have the regulations applied. any difference of opinion there may be between the ilo and the fund is of no concern to the staff."

    Keywords:

    compensation; enforcement; injury; organisation's duties; pension; pensionable remuneration; staff regulations and rules; unjspf;



  • Judgment 987


    68th Session, 1990
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideraton 5

    Extract:

    "in support of its contention that there was no breach of his right to a hearing the fao cites earlier facts which it submits show that the complainant knew full well that his position was, to say the least, uncertain. though there are no special rules on the subject and the procedure will depend on the circumstances of each case, the organization has a duty to show that the staff member cannot reasonably have failed to realise he was under threat of termination."

    Keywords:

    burden of proof; duty to inform; evidence; formal requirements; organisation; probation; right to reply; termination;

    Consideration 3

    Extract:

    "the right to a hearing, which is a general principle of law, means that the organization may not terminate a staff member unless it has already informed him of its intention and of the grounds for termination. such information must be given before the notification of the termination and not at the same time".

    Keywords:

    complaint allowed; date; decision quashed; duty to inform; flaw; probation; right to reply; termination;



  • Judgment 978


    66th Session, 1989
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "none of the interveners is barred by any lapse of time from claiming entitlement to the non-resident's allowance and to the other benefits. [...] acquiescence is not a valid plea open to the organization and a woman staff member may at any time object to discriminatory treatment."

    Keywords:

    allowance; continuing breach; equal treatment; intervention; non-resident allowance; receivability; sex discrimination; time bar;

    Consideration 12

    Extract:

    "since the rule was unlawful it could never become lawful by lapse of time or by acquiescence and a claim could therefore never be barred. even though a claim to actual payment of the non-resident's allowance cannot succeed in these proceedings because of the complainant's failure to follow the proper internal procedure, the question of her entitlement to the allowance must be considered because of its bearing on the matter of the recurrent benefits."

    Keywords:

    allowance; continuing breach; flaw; non-resident allowance; provision; receivability; right; time bar;



  • Judgment 977


    66th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9 (D) (Iii)

    Extract:

    the complainant had for a time no clear job description, but that did not prevent him from being fully taken up with work that was already familiar to him. the tribunal concludes that the complainant's objections on this point are unfounded.

    Keywords:

    organisation's duties; post description;



  • Judgment 975


    66th Session, 1989
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "the president was not bound to endorse the appeals committee's opinion. article 109(1) of the [epo] service regulations says merely that 'the authority concerned shall take a decision having regard to this opinion'. the president's duty is to consider the opinion before reaching his decision, not to follow it."

    Reference(s)

    Organization rules reference: ARTICLE 109(1) OF THE EPO SERVICE REGULATIONS

    Keywords:

    binding character; decision; executive head; internal appeals body; organisation's duties; recommendation;



  • 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 970


    66th Session, 1989
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "the complainant [...] contends that each alleged short-payment of salary constitutes in itself a separate breach by the union of its obligations towards him. but since he has not sought review by the secretary-general of any of the alleged short-payments, his complaint is again irreceivable".

    Keywords:

    complaint; continuing breach; decision; internal remedies exhausted; payment; receivability; salary;



  • 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; serious misconduct;



  • 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; 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 ILOAT STATUTE

    Keywords:

    complaint allowed; damages; decision quashed; flaw; inquiry; 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; damages; flaw; injury; 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:

    complaint allowed; complaint allowed in part; contract; decision quashed; extension; fixed-term; illness; non-renewal; 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:

    case sent back to organisation; confirmatory decision; consequence; decision; flaw; organisation's duties; procedure; 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;

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Last updated: 21.08.2014 ^ top