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Respect for dignity (205, 206,-666)

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Keywords: Respect for dignity
Total judgments found: 121

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  • Judgment 3450


    119th Session, 2015
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal set aside the contested appointment because the complainant's right to a fair and open competition was violated.

    Considerations 10-11

    Extract:

    The Tribunal notes that Ms N. was at the P.5 level and was transferred without competition to a P.4 position, retaining her P.5 salary and benefits. Therefore, the Tribunal considers her appointment to be an in-grade transfer, though it could appear to some to have been a demotion or downgrade. It is useful to note that, in principle, it would not appear to be in the ILOís best interest, from a financial point of view, to fill positions of lower grades with staff members from higher grades, nor would it demonstrate a particular respect for a staff memberís dignity to assign her or him to a position at a lower grade.
    The complainant raises the issue of violation of the principle of equality of treatment, arguing that she was treated differently than Ms N. following the abolition of her post. As the Tribunal finds Ms N.ís appointment to have been unlawful, there can be no violation of the principle of equality of treatment, as there cannot be equality in unlawfulness.

    Keywords:

    equal treatment; respect for dignity; transfer;



  • Judgment 3409


    119th Session, 2015
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal awarded the complainants material and moral damages stemming from IFAD's unlawful decisions and violation of its duty of care.

    Consideration 10

    Extract:

    "The Tribunal is of the opinion that IFAD violated its duty of care and did not respect the dignity of the complainants. Specifically, with regard to Ms V., it was out of the ordinary for her job title to have suddenly changed from [...] to [...], and later [...] only after she protested against the unjustified change, which appeared to demote her. [...] By simply expecting her to apply for posts at the P-4 level, IFAD did not recognise her P-5 level nor did it respect her dignity."

    Keywords:

    duty of care; respect for dignity;



  • Judgment 3377


    118th Session, 2014
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the decision rejecting his harassment complaint, especially because he was deprived of work and because the Organisation breached its duty to treat him with dignity.

    Consideration 13

    Extract:

    "The evidence shows that the Organization breached its duty to ensure that the complainantís dignity was preserved with meaningful work during his last three years in the Organization. It was, in effect, a continual exclusion from work over that period. This constituted harassment that the FAOís Administrative Circular No. 2007/05 expressly proscribes."

    Keywords:

    harassment; respect for dignity;

    Consideration 14

    Extract:

    "The evidence further shows that the Organization also breached its duty to ensure that his complaints were addressed in a proactive manner. Circular No. 2007/05 charges persons who are in supervisory positions to ensure adherence to the Policy on the Prevention of Harassment by taking early corrective measures to avert or correct any act that threatens or compromises a staff memberís dignity. There is no evidence that such early corrective measures were taken to address the complainantís situation."

    Keywords:

    harassment; respect for dignity;



  • Judgment 3370


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who performed duties at a higher level than his grade, impugns the decision not to grant him a promotion and acting allowance, and partially succeeds on the basis that the Organisation breached its duty of care.

    Consideration 14

    Extract:

    "While the complainant was not legally entitled to have his post upgraded nor was he legally entitled to be appointed to the position for which he had applied, he was entitled to have the Organisation act in good faith towards him and respect his dignity. It was an affront to his dignity to be exposed to a delay of over two years to resolve his status in circumstances where he believed, and more importantly where he knew his immediate superior also believed, he had been performing duties of [a higher] post and was suitable for appointment to such a post."

    Keywords:

    good faith; respect for dignity;



  • Judgment 3366


    118th Session, 2014
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision not to transmit to the Board of Appeal his claim concerning the displaying of his photo in the security premises of the Organisation following his dismissal.

    Consideration 5

    Extract:

    "There is no doubt that the displaying of the complainantís photograph in the guard posts and in the library of the Regional Office was liable to offend his honour, reputation or dignity. However, for the reasons already stated, and which relate to the complainantís own conduct, this measure was justified."

    Keywords:

    respect for dignity;

    Judgment keywords

    Keywords:

    respect for dignity; suspension;



  • Judgment 3353


    118th Session, 2014
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the non-renewal of their contracts following a restructuring process and obtain moral damages for the serious affront to their dignity and the failure to give reasonable notice.

    Consideration 26

    Extract:

    "The Tribunalís case law states that the relations between an international organisation and a staff member must be governed by good faith, respect, transparency and consideration for their dignity (see Judgment 1479, under 12). Accordingly, an organisation is required to treat its staff with due consideration and to avoid causing them undue injury. An organisation must care for the dignity of its staff members and not cause them unnecessary personal distress and disappointment where this could be avoided. In particular, good faith requires an organisation to inform a staff member in advance of any action that it might take which may impair a staff memberís rights or rightful interest."

    Reference(s)

    ILOAT Judgment(s): 1479

    Keywords:

    good faith; respect for dignity; staff member's interest;

    Consideration 30

    Extract:

    "The Tribunal has stated, in Judgment 2861, under 27, that it must be taken to be normal practice in any international organisation to involve the Chief of a Section or Department in plans for its reorganisation. This is because not to do so would ordinarily constitute a serious failure to respect the dignity of that person."

    Reference(s)

    ILOAT Judgment(s): 2861

    Keywords:

    reorganisation; respect for dignity;

    Considerations 31 and 32

    Extract:

    "This submission misses the essential and overriding concern that it is inimical to the dignity of a person who held the senior management positions that the complainants did, to have been left unaware that restructuring was being contemplated and then pursued. It is the Tribunalís view that this was insensitive and it was not unexpected that they would have felt embarrassed, sidelined and hurt to be informed that their contracts would not be renewed because their posts were to be eliminated by a process that they were unaware of until it culminated in the abolition of their posts. [...] The Tribunal has not seen any good reason why the restructuring process was shrouded in secrecy and why that eventuality was not known to the complainants. [...]
    It was insensitive and in scant respect for his dignity that Mr M.ís desk and computer were reallocated to other users without his prior knowledge even when he was still returning to his office [...] before his contract expired."

    Keywords:

    respect for dignity;



  • Judgment 3290


    116th Session, 2014
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: Following the abolition of the complainant's post for lack of financial resources, the reassignment process was organized but was ultimately unsuccessful in finding the complainant another post.

    Judgment keywords

    Keywords:

    abolition of post; delay; fixed-term; grade; organisation's duties; reassignment; respect for dignity; termination;



  • Judgment 3264


    116th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the decision not to renew her contract after an extension of her probationary period and is granted damages.

    Judgment keywords

    Keywords:

    breach; confidential evidence; decision; disclosure of evidence; discretion; due process; duty to inform; extension; general principle; good faith; judicial review; non-renewal of contract; organisation's duties; performance report; probationary period; procedural flaw; respect for dignity; right to reply; unsatisfactory service; work appraisal;

    Consideration 11

    Extract:

    "The purpose of probation is to give an organisation an opportunity to evaluate a probationerís suitability for a position (see Judgment 2646, under 5). This gives rise to corollary obligations on the part of the organisation to warn a staff member in a timely manner that her or his performance is unsatisfactory, to give the staff member guidance and an opportunity to improve and to set objectives against which improvement can be measured. These are ďfundamental aspects of the duty of an international organisation to act in good faith towards its staff members and to respect their dignityĒ (see Judgment 2414, under 23)."

    Reference(s)

    ILOAT Judgment(s): 2414, 2646

    Keywords:

    duty to inform; good faith; organisation's duties; probationary period; respect for dignity; unsatisfactory service;



  • Judgment 3262


    116th Session, 2014
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who applied for the position of Legal Advisor, was offered the post, but at a grade lower than that at which it was advertised.

    Judgment keywords

    Keywords:

    acceptance; appointment; candidate; compensation; contract; grade; moral injury; offer; offer withdrawn; post; respect for dignity;



  • Judgment 3250


    116th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant was recognized as a victim of institutional harassment.

    Consideration 9

    Extract:

    "The Tribunal notes that intent is not a necessary element of harassment and, in this case, it is not a single episode which creates the problem, but instead it is the accumulation of repeated events which deeply and adversely affected the complainantís dignity and career objectives. As such, the JAABís finding that ďthe long series of examples of mismanagement and omissions by the Office [Ö] compromised [the complainantís] dignity and careerĒ is well founded and the Tribunal is of the opinion that this administrative wrongdoing can be defined as institutional harassment."

    Keywords:

    advisory opinion; complaint allowed in part; harassment; injury; institutional harassment; organisation's duties; professional injury; respect for dignity;



  • Judgment 3106


    113th Session, 2012
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The law of defamation is not concerned solely with the question whether a statement is defamatory in the sense that it injures a personís reputation or tarnishes his or her good name. It is also concerned with the question whether the statement was made in circumstances that afford a defence. Broadly speaking, the defences to a claim in defamation mark out the boundaries of permissible debate and discussion. As a general rule, a statement, even if defamatory in the sense indicated, will not result in liability in defamation if it was made in response to criticism by the person claiming to have been defamed or if it was made in the course of the discussion of a matter of legitimate interest to those to whom the statement was published and, in either case, the extent of the publication was reasonable in the circumstances."

    Keywords:

    complaint allowed in part; freedom of speech; liability; limits; mitigating circumstances; moral injury; publication; respect for dignity;



  • Judgment 3104


    112th Session, 2012
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "[T]he fact that the complainant was not given enough work upon her return from sick leave, which led her to feel marginalised and humiliated, offended her dignity and constitutes an element of the breach of duty of care."

    Keywords:

    duty of care; organisation's duties; refusal to assign work; respect for dignity; sick leave;



  • Judgment 3099


    112th Session, 2012
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "[T]he obligation to treat staff members with dignity and the duty of good faith required, at the very least, that there be an accurate record of the interviews, which could have been achieved by, for example, the making of a transcript by a competent stenographer."

    Keywords:

    duty of care; good faith; inquiry; organisation's duties; recording; respect for dignity;



  • Judgment 3071


    112th Session, 2012
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 48

    Extract:

    "An international organisation has a responsibility to treat its officials with dignity. If criticism is warranted [...] that should be done either by means of the performance appraisal reports or in a manner that ensures respect for the staff member's dignity."

    Keywords:

    duty of care; organisation's duties; performance report; respect for dignity;



  • Judgment 3069


    112th Session, 2012
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "[I]t is well settled that statements made in good faith in response to criticism or attack do not attract liability for defamation."

    Keywords:

    liability; respect for dignity;



  • Judgment 2955


    110th Session, 2011
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The defendant asks the Tribunal to find that, especially in his rejoinder, the complainant engaged in 'completely gratuitous and misplaced [...] personal attacks'. It asks the Tribunal 'to censure such inappropriate language which detracts from the proper conduct of the proceedings'.
    The complainant, who is not assisted by a lawyer, has certainly used, in his complaint and rejoinder, blunt, colourful language which is not always very courteous. However, this wording does not exceed the bounds of what is acceptable in the context of legal proceedings."

    Keywords:

    rejoinder; respect for dignity;



  • 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; complaint allowed; complaint allowed in part; condition; consequence; general principle; good faith; organisation's duties; organisation's interest; period; post held by complainant; promotion; qualifications; reinstatement; respect for dignity; right; safeguard; salary; security of tenure; special leave; staff regulations and rules; status of complainant; suspension; vacancy;



  • Judgment 2931


    109th Session, 2010
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "[I]t was an affront to her dignity and a breach of the principle of equal pay for work of equal value to expect the complainant to work at a post that was graded below the level of the duties actually being performed. For this, she is entitled to moral damages [...]."

    Keywords:

    compensation; equal treatment; grade; moral damages; moral injury; post; post classification; post description; respect for dignity;



  • Judgment 2902


    108th Session, 2010
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12 and 14

    Extract:

    "The complainant argues that the Organization breached its duty of care in failing to accommodate him in another post or in a manner less drastic than the non-renewal of his appointment. [...]
    The Organization had no obligation under the 200 Series of the Staff Rules to find an alternative post for the complainant. However, it had a duty to explore with him possible options prior to his separation. The failure to do so was an affront to his dignity and showed a lack of respect for him as a highly regarded long-serving staff member."

    Keywords:

    abolition of post; compensation; complaint allowed; complaint allowed in part; decision quashed; non-renewal of contract; organisation's duties; project personnel; reassignment; reorganisation; respect for dignity; seniority; staff regulations and rules; status of complainant;



  • Judgment 2895


    108th Session, 2010
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 23

    Extract:

    "The Tribunal finds that WHO's unilateral decision to "waive" the exit medical examination constitutes a violation of Staff Rule 1085. It also finds that, although there is no evidence that the decision was motivated by malice, the manner in which the Organization dealt with this issue was an affront to the complainant's dignity."

    Keywords:

    medical examination; organisation's duties; respect for dignity; separation from service; staff member's duties; staff member's interest;

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Last updated: 07.04.2020 ^ top