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Organisation's duties

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Keywords: Organisation's duties
Total judgments found: 725

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  • 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;



  • 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;

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Last updated: 14.04.2015 ^ top