ORGANISATION'S DUTIES
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Keywords: ORGANISATION'S DUTIES
Total judgments found: 680
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Judgment 162
24th session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 3
Extract:
"...IT IS UNNECESSARY TO CONSIDER WHETHER THE COMPLAINANT UNDERWENT THE MEDICAL EXAMINATION PROVIDED FOR BY [THE STAFF RULE], SINCE THIS FORMALITY IS MERELY A CONSEQUENCE OF DISMISSAL AND NOT A CONDITION OF ITS VALIDITY. IN ANY EVENT THE PROVISIONS CONCERNING SICKNESS LEAVE WERE NO IMPEDIMENT TO DISMISSAL, SINCE [THE APPLICABLE PROVISION] PROVIDES THAT THE RIGHT TO SICKNESS LEAVE EXPIRES ON THE EXPIRY OF THE CONTRACT."
Keywords:
condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination;
Judgment 161
24th session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 3
Extract:
VIDE JUDGMENT 162, CONSIDERATION 3.
Keywords:
condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination;
Judgment 160
24th session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 4
Extract:
VIDE JUDGMENT 162, CONSIDERATION 3.
Keywords:
condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination;
Judgment 159
24th session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 3
Extract:
VIDE JUDGMENT 162, CONSIDERATION 3.
Keywords:
condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination;
Judgment 157
24th session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 1
Extract:
ON RETURN FROM A MISSION, THE COMPLAINANT WAS ILL. THE ORGANISATION EXTENDED HIS CONTRACT FOR AS LONG AS THE SICK LEAVE TO WHICH HE WAS ENTITLED UNDER HIS CONTRACT. WITH THE EXPIRY OF THAT CONTRACT, THERE WAS NO LONGER ANY LEGAL CONNECTION BETWEEN THE OFFICIAL AND THE ORGANISATION, WHICH "COULD NO LONGER LAWFULLY GRANT HIM FURTHER SICK LEAVE OR CONTINUE TO BEAR HIS MEDICAL EXPENSES." THE ORGANISATION WAS BOUND BY NO PROVISION NOR ANY GENERAL PRINCIPLE OF LAW TO GRANT THE COMPLAINANT MONETARY COMPENSATION.
Keywords:
contract; extension; fixed-term; illness; insurance benefit; non-renewal; organisation's duties; project personnel; service-incurred; sick leave;
Judgment 155
24th session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 3
Extract:
THERE IS NO PROVISION IN THE STAFF RULES FOR THE REIMBURSEMENT OF TRAVEL EXPENSES AND THE PAYMENT OF A SUBSISTENCE ALLOWANCE TO OFFICIALS WISHING TO ATTEND THE MEETINGS OF THE APPEALS BODIES AT WHICH THEIR CLAIMS ARE HEARD. THE COMPLAINANT THEREFORE HAS NO RIGHT TO SUCH REIMBURSEMENT. THE ORGANIZATION UNDERTOOK VOLUNTARILY TO PAY HIS TRAVEL EXPENSES FOR THE PURPOSE OF HIS APPEARANCE BEFORE THE APPEALS BODY.
Keywords:
internal appeals body; organisation's duties; refund; right; travel expenses;
Judgment 154
23rd session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 2 (C)
Extract:
THE DIRECTOR-GENERAL WAS NOT OBLIGED TO POSTPONE THE COMPLAINANT'S RE-ASSIGNMENT BECAUSE OF ALLEGED ILL HEALTH. THE DISORDERS CITED DID NOT AFFORD SUFFICIENT PROOF THAT HE WAS UNABLE TO COMPLY WITH THE TRANSFER ORDER. THE MEDICAL CERTIFICATE BEARS A DATE LATER THAN THE DATE OF THE COMPLAINANT'S SCHEDULED DEPARTURE. "IN ANY EVENT, IT WAS NOT INCUMBENT ON THE ORGANISATION TO CARRY OUT AUTOMATICALLY ANY INQUIRY INTO THE COMPLAINANT'S STATE OF HEALTH."
Keywords:
health reasons; medical examination; organisation's duties; time limit; transfer;
CONSIDERATION 2 (D)
Extract:
THE DEMONSTRATIONS TO WHICH THE COMPLAINANT'S ARRIVAL HAD GIVEN RISE LED THE ORGANISATION TO ORDER THE COMPLAINANT'S TRANSFER. IT IS REGRETTABLE THAT BEFORE ASSIGNING COMPLAINANT TO HIS POST THE ORGANISATION SHOULD NOT HAVE SATISFIED ITSELF THAT HIS ASSIGNMENT WOULD RAISE NO DIFFICULTIES. "HOWEVER, THE COMPLAINANT COULD NOT FAIL TO BE AWARE OF THE DIFFICULTIES TO WHICH HIS ASSIGNMENT ... MIGHT GIVE RISE, AND HE CANNOT THEREFORE PROPERLY COMPLAIN THAT THE ORGANISATION LACKED INFORMATION WHICH ACCORDING TO THE NORMAL STANDARDS OF GOOD FAITH HE HIMSELF SHOULD HAVE SUPPLIED."
Keywords:
conduct; duty to inform; good faith; grounds; organisation's duties; organisation's interest; transfer;
Judgment 150
23rd session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 2
Extract:
"IN CASES WHERE THE DIRECTOR-GENERAL SUSPECTS AN OFFICIAL OF HAVING COMMITTED ACTS OF UNDISCIPLINE IN THE PERFORMANCE OF OR IN CONNECTION WITH HIS DUTIES, HE HAS TO TAKE ACTION IN THE MOST ADROIT FASHION TO SAFEGUARD, IF POSSIBLE, THE REPUTATION OF BOTH THE ORGANIZATION AND OF THE OFFICIAL. FOR THAT REASON, BEFORE INITIATING THE DISCIPLINARY PROCEDURE, THE DIRECTOR-GENERAL IS ALWAYS FREE ... TO SUMMON THE OFFICIAL AND ASK HIM FOR EXPLANATIONS."
Keywords:
complainant; disciplinary procedure; executive head; inquiry; misconduct; organisation's duties; organisation's reputation; respect for dignity;
Judgment 139
22nd session, 1969
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 3
Extract:
UNDER THE STAFF RULES, THE DIRECTOR-GENERAL MUST ENDEAVOUR TO FIND ANOTHER POST FOR AN OFFICIAL WHOSE POST HAS BEEN ABOLISHED. "...THE OFFICIAL WHO HAS WORKED FOR MANY YEARS FOR THE ORGANIZATION TO ITS FULL SATISFACTION IS ABSOLUTELY ENTITLED TO FILL A POST SUITABLE TO HIS ABILITIES AND GRADE IN PREFERENCE TO ANY OTHER CANDIDATE."
Keywords:
abolition of post; contract; organisation's duties; permanent; priority; reassignment; termination;
Judgment 136
22nd session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 2
Extract:
THE COMPLAINANT MADE ACCUSATIONS WHICH LED TO AN INQUIRY. WHEN THE DECISION NOT TO RENEW HIS CONTRACT WAS TAKEN, THE RESULTS OF THE INQUIRY WERE NOT YET KNOWN. THE ACCUSER WAS JUDGED BEFORE THE ACCUSATIONS THEMSELVES. THE DECISION IS TAINTED BY ERROR AND MUST BE RESCINDED; "THE ORGANIZATION MUST EITHER RENEW THE CONTRACT ON EQUITABLE TERMS OR PAY TO THE COMPLAINANT SUCH COMPENSATION AS IS EQUITABLE..."
Keywords:
complainant; contract; fixed-term; flaw; inquiry; misconduct; non-renewal; organisation's duties;
Judgment 133
21st session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 5
Extract:
"THE EVIDENCE PRODUCED DOES NOT ESTABLISH THAT THE ORGANIZATION FULFILLED ALL ITS OBLIGATIONS IN THE MATTER." ON THREE OCCASIONS ACCOUNT WAS TAKEN OF THE COMPLAINANT'S CANDIDATURE IN RESPECT OF VACANT POSTS. "NEVERTHELESS, ON EACH OF THESE OCCASIONS, INSTEAD OF SIMPLY CONSIDERING THE COMPLAINANT'S QUALIFICATIONS AND APPOINTING HIM TO A POST THAT HE WAS CAPABLE OF FILLING, THE ORGANIZATION ASSESSED THE MERITS OF THE VARIOUS APPLICANTS AND THUS FOLLOWED THE NORMAL PROCEDURE. IN SO DOING IT COMPLIED WITH THE LETTER OF THE REGULATIONS, BUT IT DID NOT TAKE ACCOUNT OF THE GENERAL PRINCIPLE* DERIVED FROM [THE APPLICABLE PROVISION]". *PREFERENCE SHOULD BE EXTENDED TO DESERVING FORMER STAFF MEMBERS.
Keywords:
abolition of post; complaint allowed; contract; damages; decision quashed; fixed-term; organisation's duties; priority; reassignment; reinstatement; subsidiary; termination; vacancy;
CONSIDERATION 5
Extract:
"THE ORGANIZATION CANNOT CLAIM TO HAVE DISCHARGED ITS RESPONSIBILITIES BY OFFERING [THE] COMPLAINANT A POST IN GRADE P.1/P.2... EVEN IF [HE] HAD CONTINUED TO RECEIVE HIS P.3 SALARY, THE DUTIES ATTACHED TO THE POST WERE OF A LOWER GRADE THAN THOSE HE HAD FORMERLY PERFORMED. HE WAS THEREFORE JUSTIFIED IN REFUSING THE OFFER."
Keywords:
abolition of post; complainant; downgrading; grade; organisation's duties; reassignment; refusal;
Judgment 132
21st session, 1969
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATIONS
Extract:
"WHEREAS COMPLAINANT HAD TO BE INFORMED BEFOREHAND THAT HIS TRANSFER WAS CONTEMPLATED, SINCE THIS WAS A MEASURE AFFECTING HIM PERSONALLY AND ENTAILING A MAJOR CHANGE OF RESIDENCE ... ALL THE CIRCUMSTANCES ON WHICH THE COMPETENT AUTHORITY BASED ITS DECISION WERE ... KNOWN TO COMPLAINANT... HE HAD COMMENTED ON THEM AT LENGTH... HIS CHIEF HAD ... WARNED HIM ... THAT ... THE EXISTING SITUATION COULD NOT BUT SERIOUSLY IMPAIR THE SATISFACTORY OPERATION OF THE [SERVICE]."
Keywords:
duty to inform; grounds; notice; organisation's interest; right to reply; transfer;
Judgment 126
20th session, 1968
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 4
Extract:
"...WHILE AS A GENERAL RULE EMPLOYEES IN A GIVEN GRADE MUST BE ASSIGNED TO WORK NORMALLY DONE BY MEMBERS OF THAT GRADE, IT IS WITHIN THE DISCRETION OF THE DIRECTOR-GENERAL, PROVIDED THAT THERE IS NO CHANGE IN THE GRADE OR REDUCTION IN SALARY, NOR ANY LOWERING OF THE DIGNITY OF THE PERSONS CONCERNED, TO ASSIGN THEM TO WORK DONE BY LOWER-GRADE EMPLOYEES IF THE NEEDS OF THE SERVICE SO REQUIRE..."
Keywords:
assignment; discretion; downgrading; grade; limits; organisation's duties; organisation's interest; respect for dignity; salary; same; transfer;
Judgment 121
20th session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATIONS
Extract:
"THE ORGANIZATION HAS ... COMMITTED A BREACH OF CONTRACT BY SUSPENDING THE COMPLAINANT OTHERWISE THAN IN ACCORDANCE WITH THE STAFF REGULATIONS. SINCE HIS EMOLUMENTS HAVE BEEN FULLY PAID, HE HAS SUFFERED NO MATERIAL DAMAGE, BUT HE HAS SUFFERED MORAL DAMAGE. HE IS ENTITLED TO COMPENSATION FOR THE DISTRESS CAUSED BY THE ABRUPT WAY IN WHICH HE WAS TREATED, TANTAMOUNT IN ITS FORM TO SUMMARY DISMISSAL, AND FOR THE INJURY DONE TO HIS REPUTATION AND TO HIS PROSPECTS OF OBTAINING OTHER EMPLOYMENT."
Keywords:
breach; complaint allowed; damages; flaw; injury; moral injury; professional injury; provision; respect for dignity; staff regulations and rules; summary dismissal; suspension;
Judgment 115
18th session, 1967
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 2
Extract:
UNDER THE APPLICABLE PROVISION, THE END OF THE PERIOD COVERED BY THE REPORT "WILL NORMALLY COINCIDE" WITH THE DATE OF THE INCREMENT. "IT IS CLEAR FROM THE USE OF THE WORD 'NORMALLY' THAT THIS PROVISION IS NOT MANDATORY AND ALLOWS OF EXCEPTIONS TO THE RULE IN SPECIFIC CASES", IN PARTICULAR WHEN AS IN THE PRESENT CASE THE COMPLAINANT'S SERVICE HAS BEEN INTERRUPTED ON ACCOUNT OF ILLNESS AND HER SUPERVISOR UNDERSTANDABLY WISHED TO DISCUSS MATTERS WITH HER BEFORE MAKING AN EVALUATION OF HER PERFORMANCE.
Keywords:
date; exception; increment; organisation's duties; performance report; sick leave;
CONSIDERATION 3
Extract:
"...IT DOES NOT FOLLOW THAT FAILURE TO ESTABLISH AN ANNUAL REPORT WHEN IT IS DUE AUTOMATICALLY CONFERS THE RIGHT TO THE AWARD OF A SALARY INCREMENT". (THE APPLICABLE PROVISION PROVIDES THAT THE END OF THE PERIOD COVERED BY THE REPORT SHOULD COINCIDE WITH THE DATE OF THE INCREMENT; THIS PROVISION IS NOT MANDATORY).
Keywords:
date; effect; increment; omission; organisation's duties; performance report; period;
Judgment 112
18th session, 1967
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 3
Extract:
IT WAS THE UNDERSTANDING OF BOTH SIDES THAT THE REASON FOR EXTENDING THE PROBATIONARY PERIOD WAS MERELY TO ALLOW THE COMPLAINANT TO LOOK FOR A NEW POSITION. THE ORGANIZATION AGREED TO THE EXTENSION IN THE KNOWLEDGE THAT THE COMPLAINANT'S WORK WAS UNSATISFACTORY AND THAT HE WOULD NOT BE ABLE TO CHANGE THE UNFAVOURABLE IMPRESSION LEFT BY HIS FIRST PROBATIONARY YEAR. UNDER THESE CIRCUMSTANCES, CONTINUATION OF THE COMPLAINANT'S APPOINTMENT CANNOT BE REGARDED AS AN EXTENSION OF THE PROBATIONARY PERIOD WITHIN THE MEANING OF THE REGULATIONS AND THE ORGANIZATION HAD NO OBLIGATION TO MAKE THE REPORT.
Keywords:
extension; omission; organisation's duties; probation; probation report; purpose; unsatisfactory service;
CONSIDERATION 4
Extract:
"...IF HIS SUPERIORS DID NOT THINK IT NECESSARY TO GIVE [THE COMPLAINANT] ANY SPECIAL TRAINING, THIS WAS BECAUSE HE HAD ALREADY HAD SOME 15 YEARS' EXPERIENCE AS A TRANSLATOR AND REVISER, SO THAT HE WAS ASSUMED TO KNOW HIS JOB." FAILURE TO PROVIDE TRAINING IS NOT A MATERIAL FACT IN THE MATTER AT ISSUE.
Keywords:
disregard of essential fact; omission; organisation's duties; training;
Judgment 107
17th session, 1967
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 2 A)
Extract:
"THE ORGANIZATION DID NOT FAIL IN ITS DUTY IN MAKING PUBLIC ANNOUNCEMENT OF THE COMPETITION IN THE PRESS, WHICH ATTRACTED SOME HUNDRED APPLICANTS; IN SO DOING NOT ONLY WAS IT ACTING IN ACCORDANCE WITH [THE APPLICABLE PROVISION], BUT IT WAS ALSO INCREASING ITS CHANCES OF APPOINTING A QUALIFIED PERSON, AND IT CANNOT BE BLAMED FOR THIS."
Keywords:
competition; organisation's duties; vacancy notice;
CONSIDERATION 1
Extract:
"THE ORGANIZATION'S [STATUTORY] OBLIGATION TO HAVE REGARD TO [THE] QUALIFICATIONS [OF MEMBERS OF THE ORGANIZATION] IMPLIES, IN THE FIRST PLACE, THAT THEY ARE ENTITLED TO TAKE PART IN ANY COMPETITIONS THAT MAY BE OPEN TO THEM. ...THIS RIGHT ... NECESSARILY INCLUDE[S] THE RIGHT TO DEMAND THAT THE ARRANGEMENTS FOR THE COMPETITION ENSURE THE APPOINTMENT OF THE CANDIDATE WHO IS REALLY THE BEST QUALIFIED. IN OTHER WORDS, AT EVERY STAGE OF THE COMPETITION INCLUDING THE ARRANGEMENTS MADE, THE CONDUCT OF THE TESTS AND THE EVALUATION OF THEIR RESULTS, EVERY CANDIDATE MUST BE TREATED ON AN EQUAL FOOTING AND WITH FULL IMPARTIALITY."
Keywords:
competition; equal treatment; organisation's duties; procedure; safeguard;
Judgment 106
17th session, 1967
United International Bureaux for the Protection of Intellectual Property
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 5 (B)
Extract:
"THE DIRECTOR ... WAS ENTITLED TO UNDERTAKE A GENERAL RECLASSIFICATION OF STAFF MEMBERS WITHIN THE PRESCRIBED GRADES AT THE TIME THE NEW SYSTEM WAS INTRODUCED, AND ... FOR THE PURPOSE OF THIS RECLASSIFICATION THE DUTIES FORMERLY PERFORMED BY THE STAFF MEMBERS CONCERNED HAD TO BE TAKEN INTO ACCOUNT, BUT ONLY AS ONE FACTOR AMONG OTHERS."
Keywords:
amendment; organisation's duties; post classification; reorganisation; staff regulations and rules;
Judgment 96
16th session, 1966
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 4
Extract:
"WHILE COMPLAINANTS HAVE AN ABSOLUTE RIGHT TO APPLY TO THE ADMINISTRATIVE TRIBUNAL, WITHIN THE JURISDICTION ASSIGNED TO IT, WITHOUT ANY RESTRICTION AND ARE ALLOWED GREAT FREEDOM IN SUPPORTING THEIR CLAIMS, BOTH IN FORM AND IN SUBSTANCE, THIS RIGHT AND THIS FREEDOM ARE GRANTED TO ENSURE RESPECT FOR THEIR TERMS OF APPOINTMENT."
Keywords:
enforcement; purpose; right of appeal; safeguard; staff member's interest; staff regulations and rules;
Judgment 94
16th session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 5
Extract:
THE TRIBUNAL DID NOT HOLD IN ITS JUDGMENT NO. 90 THAT THE REINSTATEMENT OF THE COMPLAINANT WAS INADVISABLE. SUCH REINSTATEMENT WAS POSSIBLE. "CONSEQUENTLY, THE ORGANIZATION MUST COMPLY WITH THE JUDGMENT GIVEN AND PRONOUNCE [HIS] REINSTATEMENT ... AS FROM THE DATE AT WHICH HIS EMPLOYMENT WAS ILLEGALLY TERMINATED, AND THIS IMPLIES THAT, IN ADDITION TO THE PAYMENT OF ARREARS OF SALARY, THE ORGANIZATION MUST OFFER HIM EITHER THE SAME POST OR ONE SUBSTANTIALLY EQUIVALENT."
Reference(s)
ILOAT Judgment(s): 90
Keywords:
applicant organisation; application for execution; execution; judgment; organisation; organisation's duties; reinstatement;
CONSIDERATION 4
Extract:
"...HAVING REGARD TO THE NATURE OF THE EMPLOYMENT IN QUESTION, THE ORGANIZATION WAS NOT OBLIGED, IN ANY EVENT, TO REINSTATE THE COMPLAINANT IN THE IDENTICAL POST HE HAD OCCUPIED, BUT MIGHT HAVE OFFERED HIM ANY OTHER SUBSTANTIALLY EQUIVALENT POST."
Keywords:
assignment; judgment; organisation's duties; reinstatement; same;
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