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Respect for dignity (205, 206,-666)

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Keywords: Respect for dignity
Total judgments found: 126

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  • 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; 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; consequence; contract; decision; effect; executive head; fixed-term; general principle; internal appeals body; material injury; misuse of authority; moral injury; official; procedure before the tribunal; recommendation; reconstruction of career; respect for dignity; right; salary; termination of employment;



  • 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; decision; discontinuance; effect; formal requirements; general principle; grade; grounds; official; organisation's duties; organisation's interest; post; post held by the complainant; respect for dignity; 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 service principles; interpretation; judicial review; limits; official; 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 5-6

    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; 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:

    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

    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; 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:

    failure to answer claim; misconduct; organisation; organisation's duties; respect for dignity; working relations;



  • Judgment 2060


    91st Session, 2001
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7(a)

    Extract:

    "The complainant alleges that the decision not to shortlist him was not adequately explained. But the plea cannot succeed. Precedent has it that when an organisation informs candidates that they have been unsuccessful, it must take care not to harm their prospects. Moreover, in announcing the results of a competition and, more generally when the administration has to choose between several candidates, as here, the reasons for the choice need not be given at the same time as the decision. It is enough for the reasons to be given in some later procedure (see Judgments 1990 and 2035 and the others cited therein)."

    Reference(s)

    ILOAT Judgment(s): 1990, 2035

    Keywords:

    candidate; case law; competition; decision; duty to substantiate decision; grounds; organisation's duties; refusal; respect for dignity;



  • Judgment 2058


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

    Consideration 13

    Extract:

    "The complainant asks that the defendant be ordered to publish a denial of the accusations made in [a flash published by the staff union]. It is not, however, for the Tribunal to issue such an injunction."

    Keywords:

    claim; competence of tribunal; moral injury; publication; receivability of the complaint; respect for dignity; staff union;

    Consideration 6

    Extract:

    "The [Organization] is right to object to the receivability of [the complaintant's] claim to the quashing of the invitation to him to write letters of apology. Although one of a set of measures devised by the organization in an attempt to put an end to this regrettable affair, the 'invitation' does not constitute, contrary to what the complainant asserts, a decision that can be set aside. If, however, the measure was proved to be excessive, as the complainant contends it is, his claim to compensation for moral injury arising from the affront to his dignity could be justified." (This is not the case here: see consideration 14.)

    Keywords:

    claim; complaint; decision; decision quashed; moral injury; proposal; receivability of the complaint; respect for dignity;



  • Judgment 1972


    89th Session, 2000
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3-4

    Extract:

    The complainant, a director of a department, was made aware of two e-mails which were written in highly indecorous terms and, although private, commented on the running of the department. The Staff Union Committee protested against what it considered to be an invasion of privacy. The complainant did not respect the order to use discretion issued by the Director of Personnel. The Director-General, considering the complainant incapable in his function as Director of a department to maintain a stable and productive working environment, transferred him to a post of special advisor. "As the Tribunal held in Judgment 1018 [...], it is the duty of the head of any international organisation to take whatever measures can reduce tensions among his staff, and a transfer in the interests of the service may be an appropriate way of settling a conflictual situation. [...] However, since it cannot be regarded as disciplinary, the measure must, as the case law prescribes, heed the staff member's dignity and good name and not cause him undue suffering. Clearly, in this case the complainant was bound to view the measure as downgrading him. However, the fact that the organization was at pains to find him an assignment in keeping with his competence if not his wishes, to maintain his grade and to exercise the utmost discretion in dealing with the matter, shows that everything was done to protect his dignity as a senior official."

    Reference(s)

    ILOAT Judgment(s): 1018

    Keywords:

    conduct; discretion; downgrading; executive head; hidden disciplinary measure; organisation's interest; respect for dignity; transfer; working relations;



  • Judgment 1875


    87th Session, 1999
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 32

    Extract:

    "An international organisation is liable for the material and moral damages resulting from the injury caused to a staff member by his superior (acting in the course of his duties and not in a private capacity) by treatment that is an affront to the staff member's personal and professional dignity (Judgment 1609 [...]); and for victimisation consequent upon improper treatment (Judgment 1376 [...]). A staff member is entitled to have his good name vindicated by the organisation when a superior makes false allegations against him and to redress for the harm caused ([see] Judgment[s] 1340 [and] 1344 [...]). When a third party makes false allegations against a staff member, the organisation should communicate its view that the allegations are without foundation (Judgment 1376 [...])."

    Reference(s)

    ILOAT Judgment(s): 1340, 1344, 1376, 1609

    Keywords:

    burden of proof; compensation; injury; liability; material damages; material injury; misuse of authority; moral injury; organisation's duties; respect for dignity; supervisor;



  • Judgment 1757


    85th Session, 1998
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "In processing, ordering and notifying transfer an organisation must heed the staff member's dignity and good name and not cause undue injury."

    Reference(s)

    ILOAT Judgment(s): 1496

    Keywords:

    decision; moral injury; organisation's duties; respect for dignity; transfer;



  • Judgment 1756


    85th Session, 1998
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10(a)

    Extract:

    [A]n organisation, bound as it is, like its own employees, to show good faith, must avoid causing them undue injury. Precedents which declare the duty of care and consideration over its staff are to be found in, for example, Judgments 361, [...] under 9; 367, [...] under 4; 396, [...] under 6; 435, [...] under 5; 447, [...] under 4; 873, [...] under 5 and 7; and 942, [...] under 4.

    Keywords:

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



  • Judgment 1752


    85th Session, 1998
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The complainant's wife, who was a member of the staff of the International Labour Office committed suicide. Among other things, the complainant seeks awards of damages for the moral injury suffered by his wife as well as by his son and himself. "[The complainant] has access to the Tribunal under Article II(6) of its Statute only as the successor to any rights his wife may have had, since she alone was an official of the ILO. He may claim damages only for moral injury he says she suffered in its employ because of its failure to treat her with due care or for whatever other reason."

    Reference(s)

    ILOAT reference: ARTICLE II(6) OF THE STATUTE

    Keywords:

    injury; locus standi; moral injury; ratione personae; receivability of the complaint; respect for dignity; status of complainant; successor;



  • Judgment 1732


    84th Session, 1998
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "Where a staff member is as highly placed as was the complainant, so that his views might naturally be taken as those of the Organization, the administration must have the ability to prevent such staff member from degrading its reputation. While there can be no doubt that the Organization has a duty to respect its staff members' professional dignity and reputation, that duty is limited by the Organization's corresponding right to require staff members not to promote policies or theories which it believes to be wrong or mistaken."

    Keywords:

    duty of discretion; limits; organisation's duties; organisation's interest; organisation's reputation; respect for dignity; staff member's duties;



  • Judgment 1726


    84th Session, 1998
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 26

    Extract:

    The complainant submits that his transfer was unlawful. He criticizes the administration, notably, for not consulting him. "The complainant's seniority, length of service (virtually all of it on difficult posts in developing countries), the fact that he had only recently been moved [...] and the wholly unnecessary and unjustifiable failure to consult him constitute in the Tribunal's view a serious affront to his dignity and a breach of the Organization's obligation of respect towards him as a member of its staff."

    Keywords:

    consultation; decision; injury; organisation's duties; respect for dignity; transfer;



  • Judgment 1724


    84th Session, 1998
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 11-12

    Extract:

    "Article 3.10.4 of [IFAD's] Manual says that a decision to terminate the contract of employment of an official may be taken by the President, 'and the President alone', in the interests of the Fund. So it does vest discretion in the President to end an appointment in the Fund's interest without resort to disciplinary process. [...] Yet the Fund is mistaken [...] that the President has unfettered authority under the provision to cite the Fund's interests as grounds for dismissal. He must set out the facts fully enough to enable the Tribunal to exercise its power of review and to determine objectively whether it is indeed the Fund's interests that are the reason for the dismissal. As was held in Judgments 1234 [...] under 19 and 1496 [...] under 9, although an organization's 'own interests are paramount [...] it must still, for the sake of proper management and mutual confidence, treat its staff fairly."

    Reference(s)

    Organization rules reference: ARTICLE 3.10.4 OF IFAD'S MANUAL
    ILOAT Judgment(s): 1234, 1496

    Keywords:

    discretion; duty to substantiate decision; judicial review; limits; organisation's interest; respect for dignity; staff member's interest; staff regulations and rules; termination of employment;

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