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Respect for dignity (205, 206,-666)

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Keywords: Respect for dignity
Total judgments found: 115

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  • Judgment 2524


    100th Session, 2006
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 26

    Extract:

    "The Joint Appeals Panel [examining a case of alleged harassment] fell into [...] error by analysing certain of the incidents upon which the complainant relied as separate or independent events without considering them in their overall context."

    Keywords:

    complaint allowed; complaint allowed in part; effect; evidence; harassment; internal appeal; internal appeals body; moral injury; organisation's duties; respect for dignity;

    Consideration 31

    Extract:

    To advance serious allegations that have not been properly investigated against an official before a body that must issue a decision or recommendation concerning that official amounts to "serious failure of due process and want of fairness and good faith".

    Keywords:

    advisory body; advisory opinion; breach; complaint allowed; complaint allowed in part; decision; due process; equity; good faith; internal appeals body; organisation's duties; respect for dignity; right to reply;

    Consideration 32

    Extract:

    "Although the complainant provided the report of [her doctor] to the Joint Appeals Panel, that did not amount to implied authorisation for it to be given to [her two successive supervisors] for their comments (see Judgment 2271, under 7). There were other means available to the Administration to obtain answers from [the supervisors] to the claims made by the complainant. The disclosure to them of the medical report was a serious breach of confidence and one that, in the circumstances, was particularly insensitive."

    Reference(s)

    ILOAT Judgment(s): 2271

    Keywords:

    complaint allowed; complaint allowed in part; confidential evidence; internal appeals body; medical opinion; organisation's duties; respect for dignity; staff member's interest; supervisor;

    Consideration 25

    Extract:

    "There were [...] fundamental errors of law in the approach of the [Joint Appeals] Panel. It proceeded on the basis that it was necessary to establish an intention to 'intimidate, insult, harass, abuse, discriminate or humiliate a colleague' and concluded that there must be 'bad faith or prejudice or other malicious intent' before that intention could be inferred. That is not correct. Harassment and mobbing do not require any such intent. However, behaviour will not be characterised as harassment or mobbing if there is a reasonable explanation for the conduct in question. (See Judgment 2370, under 17.) On the other hand, an explanation which is prima facie reasonable may be rejected if there is evidence of ill will or prejudice or if the behaviour in question is disproportionate to the matter which is said to have prompted the course taken."

    Reference(s)

    ILOAT Judgment(s): 2370

    Keywords:

    bias; complaint allowed; complaint allowed in part; criteria; evidence; good faith; harassment; moral injury; organisation's duties; respect for dignity;



  • Judgment 2521


    100th Session, 2006
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "The Tribunal has frequently pointed out that it is for the person alleging harassment to prove specific facts supporting that allegation (see Judgments 2067, 2100, 2370 and 2406). [...] As with the facts relied on to establish harassment, it is for the person making the allegation to establish that the acts or decisions in question were accompanied by some purpose or attitude which allows them to be so characterised."

    Reference(s)

    ILOAT Judgment(s): 2067, 2100, 2370, 2406

    Keywords:

    burden of proof; case law; decision; evidence; harassment; moral injury; organisation's duties; respect for dignity;

    Consideration 10

    Extract:

    In a case of moral harassment, the existence of "other complaints [...] might [...] support [...] the claim of harassment, but the absence of complaint could not be used to support the contrary proposition."

    Keywords:

    complaint; evidence; harassment; lack of evidence; moral injury; organisation's duties; respect for dignity; subsidiary;



  • Judgment 2507


    100th Session, 2006
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Criticism of a subordinate's performance and behaviour, even in inappropriately strong language, does not, of itself, evidence harassment or prejudice. Certainly, that is so where [...] the performance and behaviour in question are confirmed by other senior and responsible officials. That being so, and there being no other evidence to support the complainant's claims, the allegations of harassment and prejudice must be rejected."

    Keywords:

    bias; conduct; different appraisals; evidence; harassment; moral injury; organisation's duties; performance report; respect for dignity; supervisor; work appraisal;



  • Judgment 2475


    99th Session, 2005
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "[T]he obligations of an employer to act in good faith and to respect the dignity of its employees determine what is permissible. In particular, these considerations require that an investigation be conducted in a manner designed to ascertain all relevant facts without compromising the good name of the employee and that the employee be given an opportunity to test the evidence put against him or her and to answer the charge made."

    Keywords:

    appraisal of evidence; complaint allowed; condition; good faith; inquiry; international civil servant; organisation's duties; respect for dignity; right to reply;



  • Judgment 2414


    98th Session, 2005
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 23

    Extract:

    "In Judgment 2170 the Tribunal described the requirement of Staff Rule 12.1.5 that an annual performance report be established prior to the scheduled date of a salary increment as 'a formal one' which had to be complied with. It is important to explain why that was so. A staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service so that steps can be taken to remedy the situation. Moreover, he or she is entitled to have objectives set in advance so that he or she will know the yardstick by which future performance will be assessed. These are fundamental aspects of the duty of an international organisation to act in good faith towards its staff members and to respect their dignity. That is why it was said in Judgment 2170 that an organisation must 'conduct its affairs in a way that allows its employees to rely on the fact that [its rules] will be followed'."

    Reference(s)

    Organization rules reference: Staff Rule 12.1.5 of the ITU
    ILOAT Judgment(s): 2170

    Keywords:

    complaint allowed; criteria; due process; duty to inform; good faith; increase; increment; interpretation; organisation's duties; output; patere legem; performance report; respect for dignity; salary; satisfactory service; staff regulations and rules; time limit; unsatisfactory service; work appraisal;



  • Judgment 2396


    98th Session, 2005
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Any administrative or disciplinary body of an organisation which consults a third party to obtain information concerning the professional behaviour of one of its staff members must naturally avoid impairing the latter's dignity and reputation. In the first place, it absolutely must ensure that the presumption of his innocence is maintained, and if its action is such as to breach the presumption of innocence or the fundamental rights of the staff member, making that action confidential is of no avail."

    Keywords:

    breach; communication to third party; confidential evidence; disciplinary procedure; executive body; international civil servant; moral injury; organisation's duties; qualifications; respect for dignity; right;



  • Judgment 2394


    98th Session, 2005
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant's appointment was terminated. "[I]t emerges quite clearly from the file that the irregularities committed [...], the careless way the Organization advertised the complainant's post before he had even had a chance to comment on the termination of his contract, and the way it admitted the unlawfulness of the termination notified on 29 August 2001 [...] only in a decision of 28 June 2003 notified to the complainant on 17 July 2003, severely harmed the complainant's legitimate interests and impaired his dignity." He is therefore entitled to a compensation for the financial and moral damage he incurred.

    Keywords:

    acceptance; allowance; competition; complaint allowed; complaint allowed in part; date of notification; delay; flaw; injury; material injury; misconduct; moral injury; organisation; post; respect for dignity; right; right to reply; staff member's interest; termination;



  • Judgment 2373


    97th Session, 2004
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    After the decision not to renew his contract the complainant was placed on special leave with full pay until the end of the contract and his access to the building was withdrawn. When he went to the OPCW's premises in order to hand in his request for review, he was escorted at all times by a security officer. The complainant considered this treatment to be an affront to his dignity. "Without in any way denying that the OPCW, like many other international organisations, must be vigilant about matters of internal security, the Tribunal notes that neither in the impugned decision nor in its reply does the Organisation give any explanation as to why it was thought necessary to treat the complainant in such a humiliating manner. Except in the most urgent cases, the requirements of security can almost always be fully met while still respecting the rights and dignity of individuals. This is especially so where [...] there is no breach of discipline involved and the person concerned has for many years occupied a position of trust to the Organisation's apparent complete satisfaction. [...] The Tribunal assesses [the moral] damages at 10,000 euros [...]."

    Keywords:

    assignment; breach; complaint allowed; complaint allowed in part; contract; grounds; injury; moral injury; non-renewal of contract; organisation; organisation's duties; reply; respect for dignity; right; salary; satisfactory service; special leave;



  • Judgment 2356


    97th Session, 2004
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The complainant claims damages for the injury resulting from the inclusion in her personnel file of a memorandum bearing negative remarks about her performance. "While there is no evidence whatsoever to support the complainant's claim that she was humiliated and that her future career prospects were adversely affected by this memorandum, the fact remains that the Appeals Committee found, and the Director-General accepted, that the document should be removed from her file. That necessarily implies an acceptance by the Organization that it had acted wrongly in putting it there in the first place. This entitles her to a nominal award of moral damages which the Tribunal evaluates at 500 euros."

    Keywords:

    acceptance; advisory opinion; breach; career; claim; complaint allowed; complaint allowed in part; executive head; general service category; grade; injury; internal appeals body; international civil servant; lack of evidence; moral damages; moral injury; personal file; request by a party; respect for dignity; right; supervisor; unsatisfactory service;



  • Judgment 2350


    97th Session, 2004
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    The Administration accessed the complainant's computer while she was on sick leave. The Tribunal considers that "the events which occurred during the complainant's absence on sick leave were most unfortunate. However [...] it is understandable that, given the urgency attending the Sub-Committee meeting preparations on which the complainant was working, her computer was accessed. [The] matter could and should have been handled with greater sensitivity and with proper regard to the complainant's privacy. Even so, those events fall far short of establishing hostility amounting to harassment."

    Keywords:

    confidential evidence; formal requirements; lack of evidence; mitigating circumstances; organisation's duties; respect for dignity; sick leave; working relations;



  • Judgment 2324


    97th Session, 2004
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "A decision to place a senior officer on leave with or without pay pending a review of his or her performance is one that inevitably affects that person's dignity and good name and, moreover, it is one that will almost certainly carry adverse consequences for his or her career. Where, as here, the decision is unlawful, the person concerned is entitled to compensation. However, the measure of compensation may vary according to whether, on the one hand, the decision might otherwise properly have been taken in the circumstances or, on the other, whether it appears to have been taken for an improper purpose." [See consideration 18 for the Tribunal's appreciation of the purpose.]

    Keywords:

    amount; career; compensation; complaint allowed; complaint allowed in part; grounds; misuse of authority; moral injury; proportionality; respect for dignity; special leave; unpaid leave; work appraisal;



  • Judgment 2306


    96th Session, 2004
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10 and 15

    Extract:

    As a general rule, damages for breach of contract, including wrongful termination of a contract of employment, are confined to the amount necessary to put the injured party in the position he or she would have enjoyed if the contract had been performed. Thus, ordinarily, in the case of wrongful termination, an employee is entitled to material damages consisting of salary and entitlements up to the date on which the contract would normally have expired. In this case "the Appeals Committee found that 'the [complainant's] dignity had been harmed by the administrative procedure leading to termination and that some redress for the material and moral injury he suffered [was] warranted' [...]. Notwithstanding that finding, the Committee only recommended payment of an amount equivalent to salary and allowances until the end of the complainant's fixed-term contract. As already explained, he was entitled to that amount for material damage. Thus, the effect of the recommendation of the Appeals Committee was to deny the complainant compensation for moral injury notwithstanding its finding that his dignity had been harmed. That was an error of law and, as the Director-General's decision was based on the recommendations of the Appeals Committee, it necessarily involves the same error of law."

    Keywords:

    allowance; amount; breach; compensation; complaint allowed; complaint allowed in part; consequence; contract; decision; effect; executive head; fixed-term; general principle; internal appeals body; international civil servant; material injury; misuse of authority; moral injury; procedure; recommendation; reconstruction of career; respect for dignity; right; salary; same; termination;



  • Judgment 2229


    95th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3 A)

    Extract:

    "A transfer of a non-disciplinary nature is subject to the general principles governing all decisions affecting an official's status. It must show due regard, in both form and substance, for the dignity of the official concerned, particularly by providing him with work of the same level as that which he performed in his previous post and matching his qualifications (see, for example, Judgments 1496, 1556, 1972 [...]). The transfer may be motivated by the need to eliminate tensions compromising the functioning of a department (see, for example, Judgments 132, 1018 and 1972)."

    Reference(s)

    ILOAT Judgment(s): 132, 1018, 1496, 1556, 1972

    Keywords:

    assignment; case law; complaint allowed; complaint allowed in part; decision; discontinuance; effect; formal requirements; general principle; grade; grounds; international civil servant; organisation's duties; organisation's interest; post; post held by complainant; respect for dignity; same; status of complainant; transfer; working relations;



  • Judgment 2227


    95th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant was informed by a letter of 22 December 1999 that the administration reserved the right to approve the photocopying and distribution of circulars issued by staff representatives. "The Tribunal recalled, in Judgment 911 [...], that a staff association enjoys broad freedom of speech and the right to take to task the administration of the organisation whose employees it represents, but that like any other freedom such freedom has its bounds. thus any action that impairs the dignity of the international civil service, and likewise gross abuse of freedom of speech, are inadmissible. But the prevention of such abuse cannot give the administration a power of prior censorship over the communication of written information produced by the groups and associations concerned. Herein lies the problem in this case: the Office considers it has a general right to authorise, which it maintains it uses only with moderation, but the limits of such authorisation are by no means clear. The Tribunal cannot set aside a general decision on the grounds that it does not offer the guarantees that are in any case available to staff members on the basis of the general principles of international civil service law, as established and interpreted by the Tribunal and other international administrative tribunals. These principles confine the administration's scope of action to cases where there is gross abuse of the right to freedom of expression or lack of protection of the individual interests of persons affected by remarks that are ill-intentioned, defamatory or which concern their private lives. And it is in the light of these principles that the letter of 22 December 1999 [...] should be interpreted. a refusal to grant an authorisation may be regarded as lawful only if it complies with the above principles."

    Reference(s)

    ILOAT Judgment(s): 911

    Keywords:

    acceptance; case law; collective rights; exception; freedom of speech; general decision; general principle; iloat; international civil servant; international civil service principles; interpretation; judicial review; limits; organisation; outside activity; publication; refusal; respect for dignity; right; safeguard; staff member's interest; staff representative; staff union; staff union activity; tribunal;



  • Judgment 2222


    95th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5 and 6

    Extract:

    "The decisive factor behind the request for the complainant's diplomatic immunity to be waived [...] was not brought to the complainant's knowledge. That might have given him a chance to identify his accusers and, if need be, armed with that knowledge, to explain to his hierarchical superiors the reasons for the serious charges brought against him, before the decision was taken to waive his diplomatic immunity [...] by virtue of the right to information recognised by the tribunal's case law, particularly Judgment 1756, the organization, which held information that was so important to the complainant, had an obligation to bring it to his knowledge. It may be concluded from the above that the organization violated the complainant's right to be informed and injured his dignity and reputation."

    Reference(s)

    ILOAT Judgment(s): 1756

    Keywords:

    breach; case law; complainant; complaint allowed; complaint allowed in part; consequence; decision; duty to inform; elements; judgment of the tribunal; moral injury; organisation's duties; privileges and immunities; request by a party; respect for dignity; right; right to reply; supervisor; waiver of immunity;



  • Judgment 2191


    94th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Organisations must carefully take into account the interests and dignity of staff members when effecting" a transfer to which the staff member concerned is opposed.

    Keywords:

    complaint allowed; complaint allowed in part; discretion; organisation's duties; respect for dignity; staff member's interest; transfer;



  • Judgment 2116


    92nd Session, 2002
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5 1

    Extract:

    "Relations between an organisation and its staff must be governed by good faith. Furthermore, an organisation must treat its staff with due consideration and avoid causing them undue injury. In particular, it must inform them in advance of any action that may imperil their rights or rightful interests." See the case- law cited.

    Keywords:

    case law; complaint allowed; complaint allowed in part; decision; duty to inform; good faith; organisation's duties; respect for dignity; staff member's duties; staff member's interest;



  • Judgment 2102


    92nd Session, 2002
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The duty laid on international organisations to treat their staff with due consideration and not to impair their dignity may extend beyond the term of their appointment. In charging a staff member with misconduct in the performance of duty an organisation must observe due process, otherwise it may be held liable even after its contractual or statutory ties with the official have ceased, and the Tribunal will entertain such matters."

    Keywords:

    competence of tribunal; complainant; complaint; locus standi; organisation's duties; receivability of the complaint; respect for dignity; separation from service;



  • Judgment 2100


    92nd Session, 2002
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The Tribunal points out that an allegation of harassment must be borne out by specific facts, the burden of proof being on the person who pleads it, and that an accumulation of events over time may be cited to support an allegation of harassment (see for example Judgment 2067, [...], under 5 and 16)."

    Reference(s)

    ILOAT Judgment(s): 2067

    Keywords:

    burden of proof; evidence; moral injury; respect for dignity;



  • Judgment 2067


    91st Session, 2001
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "The [organization] did fail in the duty incumbent on all international organisations to treat staff members with dignity and avoid causing them undue and unnecessary injury [...] [It] was aware of the unhealthy working atmosphere [...] the complainant [had to face]. That atmosphere was allowed to linger 'without the necessary assistance being given to sort matters out'."

    Keywords:

    complaint allowed; complaint allowed in part; failure to answer claim; misconduct; organisation; organisation's duties; respect for dignity; working relations;

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Last updated: 19.09.2019 ^ top