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Organisation's duties

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Keywords: Organisation's duties
Total judgments found: 729

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  • Judgment 1103


    71st Session, 1991
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    the complainant was appointed to a post of reviser. for several years she served, in keeping with her job description, as de facto head of the german section. later, her head-of- section duties were given to another reviser. "it is clear from [the complainant's job description] that the incumbent does not have the right to perform all of the linguistic and management duties stated therein, though he must be capable of performing them if his immediate supervisor so requires in the office's interests."

    Keywords:

    elements; organisation's duties; post description; right; title of post;

    Consideration 5

    Extract:

    the complainant objects to her duties as de facto head of the german section being given to another reviser. there was no breach of her right to a hearing. "she had ample opportunity to put her case before the decision was confirmed and in the internal appeal proceedings. and considering the circumstances in which the decision was taken and its limited effect the epo was not bound to consult her beforehand anyway."

    Keywords:

    assignment; organisation's duties; right to reply;



  • Judgment 1087


    70th Session, 1991
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the coordination committee of wipo repealed staff regulation 3.1 bis which safeguarded salaries against fluctuations in the exchange rate between the dollar and the swiss franc. the organization having offered a perfunctory defence, the tribunal orders further submissions.

    Reference(s)

    Organization rules reference: WIPO STAFF REGULATION 3.1 BIS

    Keywords:

    further submissions; interlocutory order; organisation's duties; provision; repeal; staff regulations and rules; submissions;



  • Judgment 1082


    70th Session, 1991
    Intergovernmental Council of Copper Exporting Countries
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "by virtue of their contractual relationship and the trust that therefore prevails between them, an organisation owes its employee a duty to declare its intention of dismissing him and to let him plead his case. the principle is asserted in judgment 907 [...] under 4. although the complainant presumably knew of the cipec's plight and the need for reform she was never told of the intention of dismissing her."

    Reference(s)

    ILOAT Judgment(s): 907

    Keywords:

    abolition of post; budgetary reasons; complaint allowed; decision quashed; duty to inform; flaw; organisation's duties; right to reply; termination;



  • Judgment 1080


    70th Session, 1991
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    the complainants object that the terminal entitlements interpol granted them under the staff rules and regulations were "paltry". "even if there are rules the tribunal may still check that the organisation has kept to the general principles that govern the international civil service, one of them being its duty to treat its staff considerately. as has been said before, an organisation must act from reasonable motives and not cause its staff unnecessary or undue prejudice."

    Keywords:

    enforcement; international civil service principles; judicial review; organisation's duties; staff regulations and rules; terminal entitlements;



  • Judgment 1076


    70th Session, 1991
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3 and 7

    Extract:

    the complainant's application for transfer was refused. "being discretionary, the decision may be set aside only if it was taken without authority or [...] the tribunal will not quash a decision simply because the parties' respective interests might have been differently assessed."

    Keywords:

    discretion; judicial review; organisation; organisation's interest; refusal; request for transfer; staff member's interest;



  • Judgment 1074


    70th Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    following a period on unpaid leave for personal reasons, the complainant could not be reinstated under article 40(3)(d), which entitles him to reinstatement under certain conditions. he alleges breach of the terms of appointment by eurocontrol. the tribunal observes that "he is unable to point to any one vacant post corresponding to his grade, category and service in which the organisation have failed to reinstate him. still less is he able to point to such a series of failures to reinstate him as might raise the presumption of a decision by the organisation never to reinstate him at all".

    Reference(s)

    Organization rules reference: ARTICLE 40 OF THE GENERAL CONDITIONS OF EMPLOYMENT GOVERNING SERVANTS AT THE EUROCONTROL MAASTRICHT CENTRE

    Keywords:

    compassionate leave; organisation's duties; reinstatement; right; special leave; unpaid leave;



  • Judgment 1067


    70th Session, 1991
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7 and 8, Summary

    Extract:

    the complainant, who holds grade p.3, challenges the organization's refusal to regrade his post to p.4. the fact that his chief failed to complete a questionnaire about changes in his duties does not, as he alleges, constitute a flaw such as to vitiate the reclassification procedure. nor does the administration's refusal to disclose the classification unit's findings amount to a denial of due process.

    Keywords:

    disclosure of evidence; due process; organisation's duties; post classification; procedural flaw; procedure; report;



  • Judgment 1062


    70th Session, 1991
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    article 38(3) of the epo service regulations says that the general advisory committee, a joint body comprising staff and management representatives, shall be responsible for giving a "reasoned opinion" - except in cases of obvious urgency - on any proposal which concerns the whole or part of the staff. the aim of the provision is to encourage proper consultation between the two sides and that means giving the committee enough information. at issue is the decision to raise from 1 january 1988 the staff's contributions to the organisation's collective insurance against the risks of death and invalidity. but the committee did not have the information on which to base "a reasoned opinion" until its meeting of 24 and 25 november. the tribunal will therefore quash the epo's decision to increase his contributions for the period from 1 january to 25 november 1988.

    Reference(s)

    Organization rules reference: ARTICLE 38.3 OF THE EPO SERVICE REGULATIONS

    Keywords:

    advisory body; advisory opinion; complaint allowed; complaint allowed in part; consultation; contributions; decision quashed; increase; insurance; organisation's duties;



  • Judgment 1055


    70th Session, 1991
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    who staff rule 510.1 requires that "in determining the initial and any subsequent assignment, consideration shall be given, to the extent possible, to the staff member's particular abilities and interests". the complainant was transferred in accordance with a policy for rotating staff in the general service category which has the effect of upgrading their skills. the tribunal is satisfied that the transfer was not contrary to his own interests.

    Reference(s)

    Organization rules reference: WHO STAFF RULE 510.1

    Keywords:

    judicial review; staff member's interest; transfer;



  • Judgment 1052


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

    Consideration 5

    Extract:

    the complainant objects to the non-renewal of his appointment after probation. he alleges breach of his right to a hearing. "the plea is unsound because there was no element of disciplinary sanction in the decision. what the administration did was to make an assessment of the complainant's performance and it was under no duty to enter into any dialogue with him on the subject."

    Keywords:

    contract; fixed-term; non-renewal; organisation's duties; probation; right to reply; termination;



  • Judgment 1050


    69th Session, 1990
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7, Summary

    Extract:

    the complainant objects to the decision to transfer him. he takes the organization to task for failing to provide him with a description of his new post. as his new duties were similar to ones he held earlier, he must already have known what they were in the main.

    Keywords:

    organisation's duties; post description; transfer;

    Consideration 5

    Extract:

    "but regulation 4.2 provides that the purpose of transfer is to secure 'the highest standards of efficiency, competence and integrity'. in acting in pursuance of that purpose the director-general is not precluded from transferring a staff member provided that his intention is, as regulation 1.1 requires, to serve the organization's interests and that the staff member's own abilities and interests are not overlooked. where the director-general believes that the organization's interests must prevail he will act accordingly and the staff member will ordinarily have to fall in line unless he prefers resignation."

    Reference(s)

    Organization rules reference: UNESCO STAFF REGULATIONS 1.1 AND 4.2

    Keywords:

    discretion; organisation's duties; organisation's interest; purpose; staff member's duties; staff member's interest; transfer;



  • Judgment 1046


    69th Session, 1990
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant was transferred on 1 february 1988. on 5 february he got notice that his contract would not be renewed because of an unsatisfactory report concerning his new assignment. the tribunal holds that "it was incumbent on the [organization] to give him a fair trial in the job, and [...] to ask after the lapse of only four days for an immediate replacement was to act with undue haste."

    Keywords:

    contract; fixed-term; non-renewal; organisation's duties; reasonable time; time limit; unsatisfactory service; work appraisal;



  • Judgment 1040


    69th Session, 1990
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "precedent is clear: even when someone has just a temporary appointment a decision not to renew it must be taken when the contract period is expiring; the administration's decision not to renew must be notified to the employee within the prescribed time limit; and if due notice is not given there will be implied renewal for a further period." the complainant got notice four days too late and the tribunal held that the extension of his contract by five days to make up the required period of notice had no effect.

    Keywords:

    compensatory measure; complaint allowed; consequence; contract; decision quashed; effect; extension; non-renewal; notice; omission; organisation's duties; short-term;



  • Judgment 1038


    69th Session, 1990
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    the complainant, who is challenging the non-renewal of his contract, is concerned that the director-general's decision may have been prompted by unsubstantiated charges. he alleges breach of his right to a hearing. "the plea is unsound because there was no element of disciplinary sanction in that decision [...] the director-general made a value judgment which did not require entering into a dialogue with him. there is no reason to hold that the director-general was not genuine in his evaluation of the complainant's suitability for the post of administrator or that his decision was based on any mistake of fact."

    Keywords:

    contract; fixed-term; non-renewal; organisation's duties; right to reply;



  • Judgment 1020


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

    Consideration 13

    Extract:

    "since the tribunal may not review the policy decision to move to lyon the only effect it can give to the doctrine of acquired rights as recognised by interpol is to determine whether the arrangements for carrying out the move were properly objective. since the transfer did disrupt the lives of its staff the organization had a duty to ensure that there was no undue or pointless detriment to their interests. the consequences of the change which the transfer brought in the conditions of their employment are to be gauged against cardinal principles such as equality of treatment, good faith and the rule against retroactivity".

    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:

    "consultation does not require negotiation, let alone approval. the staff representatives merely state their opinion, and it is not binding on the administration." the tribunal is satisfied that in the instant case the required consultations took place.

    Keywords:

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



  • 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;

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Last updated: 21.05.2015 ^ top