Organisation's duties (202, 203, 204, 205, 206, 207, 208, 645,-666)
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Keywords: Organisation's duties
Total judgments found: 652
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Judgment 3013
111th Session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The obligation to pay compound interest is always an exception. According to the Tribunal's case law, such an obligation must arise from the operative part of its judgments. In this case, to quote the language of consideration 4 of Judgment 802, "if the Tribunal had meant compound interest, [...] it would have used words to that effect"."
Reference(s)
ILOAT Judgment(s): 802
Keywords:
application for execution; case law; consequence; exception; interest on damages; judgment of the tribunal; organisation's duties; payment;
Judgment 3005
111th Session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"[A]s the Tribunal observed in Judgment 782, under 1: 'According to the rules of good faith anyone to whom a promise is made may expect it to be kept, and that means that an international official has the right to fulfilment of a promise by the organisation that employs him. The right is conditional. One condition is that the promise should be substantive, i.e. to act, or not to act, or to allow. Others are that it should come from someone who is competent or deemed competent to make it; that breach should cause injury to him who relies on it; and that the position in law should not have altered between the date of the promise and the date on which fulfilment is due.'"
Reference(s)
ILOAT Judgment(s): 782
Keywords:
duty of care; good faith; organisation's duties; promise; right;
Judgment 3003
111th Session, 2011
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 30
Extract:
"To accept that an organisation can be released, through the grant of a stay of execution, from the obligation to execute a judgment unfavourable to itself, on the grounds that it has challenged the validity of the judgment under Article XII of the Statute [of the Tribunal], would not only constitute a major exception to the application of [the] case law but would also, above all, seriously impair the legitimate right of the staff member concerned to benefit from immediate application of the judgment."
Reference(s)
ILOAT reference: Article XII of the Statute
Keywords:
breach; case law; complainant; enforcement; exception; execution of judgment; grounds; iloat statute; judgment of the tribunal; organisation's duties; right; right of appeal; suspension of the execution of a judgment;
Consideration 32
Extract:
"[T]he Tribunal may at any time decide, when it renders a judgment, to defer the execution thereof if it considers such a measure justified (see Judgment 82 [...], under 5). It is therefore for the organisation concerned, if it seeks to have the execution of a judgment deferred in the event that it proves unfavourable to itself, to submit a subsidiary claim for that purpose. If the Tribunal did not order such a deferral in its decision, it must be deemed to have implicitly required the decision to be executed immediately, in conformity with the general rule, and it is therefore scarcely conceivable that an organisation could be allowed to request a stay of execution of the judgment at a later stage."
Reference(s)
ILOAT Judgment(s): 82
Keywords:
claim; counterclaim; date; execution of judgment; implied decision; judgment of the tribunal; organisation's duties;
Judgment 2997
110th Session, 2011
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Request for the transfer of pension contributions paid into national insurance schemes.
"The Tribunal considers that EMBL fulfilled its duty of care towards its staff by hosting several information sessions, publishing circulars and other documents, and by offering staff members several opportunities to meet with pension experts in order to inform themselves with regard to their pension rights. It is the responsibility of the staff to avail themselves of any information provided and to seek out clarification as needed for their particular situation."
Keywords:
duty of care; organisation's duties; pension; pension entitlements; staff member's duties;
Judgment 2996
110th Session, 2011
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15-16
Extract:
"While generally speaking there is no reason why an advisory body on medical questions should not comprise the same members when it has to give a series of opinions on developments in the condition of the same official, that is not the case where it is required to give a second opinion on the same request of that person, as occurred here. [...] As the Tribunal found in [...] Judgments 179 and 2671, the rule that members of an advisory body must not examine a case on which they have previously expressed a view applies even in the absence of an express text, since its purpose is to protect officials against arbitrary action."
Reference(s)
ILOAT Judgment(s): 179, 2671
Keywords:
advisory body; bias; composition of the internal appeals body; exception; medical board; medical opinion; no provision; official; organisation's duties; purpose; request by a party; safeguard;
Judgment 2993
110th Session, 2011
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"It may well be that where an organisation conceals the existence of a cause of action, time will run only from such time as the cause of action is discovered."
Keywords:
cause of action; organisation; organisation's duties; right of appeal; start of time limit; time limit;
Judgment 2991
110th Session, 2011
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"It is a general principle of international civil service law that there must be a valid reason for any decision not to renew a fixed-term contract. If the reason given is the unsatisfactory nature of the performance of the staff member concerned, who is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service, the organisation must base its decision on an assessment of that person's work carried out in compliance with previously established rules (see, for example, Judgments 1911, under 6, and 2414, under 23)."
Reference(s)
ILOAT Judgment(s): 1911, 2414
Keywords:
contract; decision; duty to inform; duty to substantiate decision; fixed-term; formal requirements; grounds; international civil service principles; non-renewal of contract; official; organisation's duties; right; unsatisfactory service; work appraisal; written rule;
Judgment 2985
110th Session, 2011
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"[T]he duty of care which an international organisation owes to its officials obviously does not mean that, as a matter of principle, it should abstain from making them subject to rules which are unfavourable to them."
Keywords:
applicable law; general principle; official; organisation's duties; written rule;
Consideration 29
Extract:
"The complainant has requested that the order to Eurocontrol to recalculate the pensionable years credited to him be accompanied by a penalty for default. In the absence of any grounds for doubting that the Agency will execute this judgment in good faith and with diligence, as is its duty since it has recognised the Tribunal's jurisdiction, there is no reason to order such a penalty."
Keywords:
claim; consequence; declaration of recognition; execution of judgment; good faith; judgment of the tribunal; lack of evidence; organisation's duties; refusal; request by a party;
Consideration 15
Extract:
"As the Tribunal stated in Judgment 2459, under 9, an administrative authority, when dealing with a claim, must generally base itself on the provisions in force at the time it takes its decision and not on those in force at the time the claim was submitted. Only where this approach is clearly excluded by the new provisions, or where it would result in a breach of the requirements of the principles of good faith, the non-retroactivity of administrative decisions and the protection of acquired rights, will the above rule not apply."
Reference(s)
ILOAT Judgment(s): 2459
Keywords:
acquired right; applicable law; breach; date; decision; exception; general principle; good faith; non-retroactivity; organisation's duties; provision; request by a party;
Judgment 2983
110th Session, 2011
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"An international organisation's duty to protect a staff representative is [...] not confined to defending the person concerned in the event that legal proceedings are instituted against him/her. It may include, for example, the duty to assist the staff representative in any legal steps that this person might wish to take in his/her own defence against threats, insults or defamation."
Keywords:
organisation's duties; procedure before the tribunal; staff representative;
Judgment 2982
110th Session, 2011
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"[The complainant] was replaced virtually immediately even though his contract had somewhat less than two months to run [...] and he had earlier been told that he was to be provided with assistance for the project; he was given no warning of the decision; he was not heard on the question and adequate reasons were not provided. Replacing the complainant in these circumstances constituted '[a]ctions [...] directed at actively damaging [his] personal and/or professional reputation' and, thus, falls within the definition of 'harassment' in General Bulletin No. 1312 of 26 March 2002."
Reference(s)
Organization rules reference: IOM General Bulletin No. 1312 of 26 March 2002
Keywords:
decision; duty to inform; duty to substantiate decision; harassment; moral injury; organisation's duties; professional injury; reassignment; warning;
Consideration 10
Extract:
Replacement of a staff member in circumstances constituting harassment.
"The Tribunal has consistently held [...] that an organisation 'cannot base an adverse decision on a staff member's unsatisfactory performance if it has not complied with the rules established to evaluate that performance' (see Judgment 2916, under 4). It is also well established that an organisation 'owes it to its employees, especially probationers, to guide them in the performance of their duties and to warn them in specific terms if they are not giving satisfaction and are in risk of dismissal' (see Judgment 2732, under 16)."
Reference(s)
ILOAT Judgment(s): 2732, 2916
Keywords:
decision; organisation's duties; probationary period; staff assessment; staff regulations and rules; unsatisfactory service; warning; work appraisal;
Judgment 2973
110th Session, 2011
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"By failing to deal with the informal complaints in a manner consistent with its own policy, by failing to conduct an investigation in a timely manner when a formal complaint was filed and then by terminating the investigation, WHO breached its duty of care toward the complainant and caused her serious injury."
Keywords:
breach; claim; duty of care; expert inquiry; harassment; inquiry; investigation; moral injury; organisation's duties; written rule;
Consideration 15
Extract:
Organisation's failure to fully investigate allegations of harassment.
"[T]he long delay seriously compromised the integrity of the investigative process. In addition to the diminishing recollection of events with the passage of time, potential witnesses are no longer available. As well, with the passage of time, it may be that those individuals in the Administration responsible for ensuring the protection of the staff member concerned are no longer with the Organization. If so, this would effectively preclude any accountability for the failure to protect a staff member if a finding of harassment were to be made."
Keywords:
appraisal of evidence; breach; delay; evidence; expert inquiry; harassment; inquiry; investigation; lack of evidence; liability; organisation's duties;
Judgment 2938
109th Session, 2010
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal has determined that a staff member on leave on personal grounds is ipso facto no longer performing the duties of his former post and that, although during this leave he continues to be an official, the rights arising from the performance of his duties - remuneration, promotion, guarantee of employment, etc. - are suspended until he is reinstated. In the interests of the service the Agency may therefore use the vacant post (see Judgment 416, under 2). At the end of leave on personal grounds the employer nonetheless has a duty to reinstate the official provided that the two cumulative conditions laid down by [...] Article 40 [of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre] are met: firstly, there must be a vacant post and, secondly, the staff member must be qualified for it (see Judgment 2034, under 11). This duty must be fulfilled promptly and with due regard for the dignity of the staff member concerned and the principle of good faith."
Reference(s)
Organization rules reference: Article 40 of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre
ILOAT Judgment(s): 416, 2034
Keywords:
accumulation; assignment; compassionate leave; condition; consequence; general principle; good faith; organisation's duties; organisation's interest; period; post held by the complainant; promotion; qualifications; reinstatement; respect for dignity; right; safeguard; salary; security of tenure; special leave; staff regulations and rules; status of complainant; vacancy;
Judgment 2935
109th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"[I]t is in the common interest of candidates and international organisations that appointment procedures be conducted with dispatch [...]. [In the present instance, the] extraordinarily long period of time [- four years] was not justified by any particular circumstances."
Keywords:
candidate; competition; delay; organisation's duties;
Judgment 2930
109th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"In his internal appeal the complainant claimed in particular that he had been the victim of bullying on the part of his director, who was also his reporting officer. [...] The Internal Appeals Committee [...] found that the inaccuracies it identified [in the staff report] did not, individually, constitute an 'abuse of authority' and concluded that the 'report [did] not reveal any flaws which would justify its complete retraction'. This approach involved an error of law. It was not sufficient to consider in relation to each inaccuracy whether it, standing alone, was an abuse of authority. Rather, it was necessary to consider whether, in the light of the evidence, including the various inaccuracies which it identified, the report as a whole was the result of prejudice on the part of the reporting officer."
Keywords:
abuse of power; bias; burden of proof; evidence; formal flaw; internal appeals body; misuse of authority; organisation's duties; performance report; work appraisal;
Judgment 2924
109th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"An error of reasoning establishes neither ill will nor a breach of the duty of care, particularly when the actual decision is correct."
Keywords:
breach; duty of care; duty to substantiate decision; mistaken conclusion; organisation's duties;
Judgment 2921
109th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"In addition to the absence of a closing date, the vacancy notice contained no information regarding the main duties of the position, the required qualifications, or an invitation to interested applicants to apply. This is the same issue that arose in Judgment 2920 [...]. In that judgment, the Tribunal observed: 'The underlying rationale for the publication of the vacancy notice is to permit qualified staff members to make an informed decision as to whether they should submit an application to be considered for the vacant post and to foster a policy consistent with [...] the Service Regulations. Although there are no set content requirements for a vacancy notice, it cannot be said that the notice [...] in the present case provided even the minimum information that a staff member would require to reach an informed decision.' "
Reference(s)
ILOAT Judgment(s): 2920
Keywords:
formal requirements; organisation's duties; publication; staff member's interest; vacancy; vacancy notice;
Judgment 2920
109th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The underlying rationale for the publication of the vacancy notice is to permit qualified staff members to make an informed decision as to whether they should submit an application to be considered for the vacant post and to foster a policy consistent with [...] the Service Regulations. Although there are no set content requirements for a vacancy notice, it cannot be said that the notice [...] in the present case provided even the minimum information that a staff member would require to reach an informed decision."
Keywords:
formal requirements; organisation's duties; publication; staff member's interest; vacancy; vacancy notice;
Judgment 2917
109th Session, 2010
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7(d)
Extract:
"By twice giving the complainant a rating [- rating 0 -] that is not envisaged in the [relevant texts], the supervisor breached the rules applicable to the process of assessing a staff member's performance. Furthermore, this kind of rating is likely to leave the staff member concerned feeling that his competencies or performance in the areas assessed are so substandard that they do not even merit an assessment on the part of his supervisor. Such conduct may be expected to foster in the staff member a deep sense of personal inadequacy. As such a rating has no basis in law and is contrary to the rules of conduct applicable to the personal relations between international organisations and their staff, it cannot be upheld."
Keywords:
organisation's duties; performance report; rating; staff regulations and rules; work appraisal;
Consideration 9
Extract:
"The signing of a document with such important implications for the future career of a staff member is not a mere formality, and insistence on absolute compliance with this rule cannot be dismissed as an unduly formalistic approach. The provision requiring that the appraisal form be signed not only by the direct supervisor of the staff member concerned but also by other persons [...] is designed to guarantee oversight, at least prima facie, of the objectivity of the report. The purpose of such a rule is to ensure that responsibilities are shared and that the staff member who is being appraised is shielded from a biased assessment by a supervisor, who should not be the only person issuing an opinion on the staff member's skills and performance."
Keywords:
bias; formal flaw; formal requirements; organisation's duties; performance report; safeguard; staff regulations and rules; work appraisal;
Judgment 2916
109th Session, 2010
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[W]here the ground for non-renewal is unsatisfactory performance, the Tribunal will not substitute its own assessment for that of the organisation concerned [...]. However, an organisation may not in good faith end someone's appointment for poor performance without first warning him and giving him an opportunity to do better [...]. Moreover, it cannot base an adverse decision on a staff member's unsatisfactory performance if it has not complied with the rules established to evaluate that performance [...]."
Reference(s)
ILOAT Judgment(s): 1262, 1583, 2414
Keywords:
case law; contract; discretion; fixed-term; good faith; grounds; judicial review; non-renewal of contract; organisation's duties; performance report; staff regulations and rules; tribunal; unsatisfactory service; warning; work appraisal;
Consideration 12
Extract:
"[P]erformance appraisal procedures must be 'both transparent and adversarial'. That is unlikely to be the case where the prescribed procedures are not observed."
Reference(s)
ILOAT Judgment(s): 2836
Keywords:
adversarial proceedings; case law; due process; organisation's duties; performance report; procedural flaw; work appraisal;
Consideration 11
Extract:
The duty of good faith requires that an organisation observe its rules with respect to performance appraisal if it wishes to rely on unsatisfactory performance for any decision that is adverse to a staff member (see Judgment 2414, under 23 and 24).
Reference(s)
ILOAT Judgment(s): 2414
Keywords:
good faith; organisation's duties;
Judgment 2913
109th Session, 2010
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"[I]n the event of disciplinary measures, the staff member concerned enjoys a presumption of innocence and [...], in accordance with the principle in dubio pro reo, he or she must be given the benefit of the doubt (see in particular Judgment 2351, under 7(b)). The burden of proof lies with the Organization which intends to take disciplinary action against a staff member."
Reference(s)
ILOAT Judgment(s): 2351
Keywords:
benefit of doubt; burden of proof; disciplinary measure; general principle; in dubio pro reo; organisation's duties; presumption of innocence;
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