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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 1680


    84th Session, 1998
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Judgment 809 [...] explained just what [UNESCO Staff] Rule 105.2(b) [on special leave with pay] meant. Its wording 'makes it plain that such a decision will be exceptional' [...] the Director-General does have discretion, and the Organization seeks to rely on it, but obviously it does not stretch to breach of the rules or of the general principles that safeguard the dignity of an international civil servant."

    Reference(s)

    Organization rules reference: UNESCO STAFF RULE 105.2(B)
    ILOAT Judgment(s): 809

    Keywords:

    discretion; general principle; refusal to assign work; respect for dignity; special leave; staff regulations and rules;



  • Judgment 1637


    83rd Session, 1997
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    The complainant alleges improper treatment of him by his supervisor. The Tribunal holds that it is "hard to dismiss - as UNIDO does in its surrejoinder - the keen tension between the complainant and his supervisor as 'everyday occurrences in any office' or the effect of 'action taken in the ordinary run of management and likely to make for the degree of stress that any international civil servant is expected to cope with'."

    Keywords:

    harassment; injury; organisation's duties; respect for dignity; service-incurred; supervisor; working conditions;

    Consideration 16(d)

    Extract:

    The complainant alleges that he has been a victim of harassment by his supervisor. The Tribunal notes that "the conditions the complainant suffered in his last few months of work harmed his health. They caused him injury for which he is entitled to redress. Acting by virtue of Article II, paragraph 2, of its Statute [...]. The Tribunal awards him damages".

    Reference(s)

    ILOAT reference: ARTICLE II(2) OF THE STATUTE

    Keywords:

    compensation; harassment; illness; iloat statute; injury; moral injury; organisation's duties; respect for dignity; service-incurred; working conditions;



  • Judgment 1619


    83rd Session, 1997
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "When a staff member makes charges as serious as sexual harassment an organisation must do its utmost to afford protection. But it must at the same time carry out a full and proper inquiry that respects the rights of the accused. Here the WHO obviously failed to do so. Instead it originally preferred to let the Tribunal rule without adducing evidence that might have proved material. It thereby erred, and the complainant is entitled to redress on that account."

    Keywords:

    adversarial proceedings; inquiry; investigation; moral injury; organisation's duties; respect for dignity; right to reply; sexual harassment;



  • Judgment 1614


    82nd Session, 1997
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "Contrary to what the complainant alleges, the reasons for abolishing her post were objective and had nothing to do with her own personality or performance. The decision cast no slight on her integrity and was no affront to her dignity. Her supervisors kept her informed orally and in writing about the progress of the reforms and about her own status. They thereby showed a wish to prepare her for the consequences and no bad faith may be imputed to them. The conclusion is that the defendant caused her no unnecessary or undue injury."

    Keywords:

    abolition of post; duty to inform; good faith; lack of injury; moral injury; organisation's duties; respect for dignity;



  • Judgment 1609


    82nd Session, 1997
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    An organisation will of course not be liable for private misconduct of an employee that has no link with the
    performance of duty. But misconduct in the context of employment is another matter. When someone whom the
    organisation has appointed to act as supervisor or director commits an abuse of authority, the subordinate who
    suffers injury thereby is entitled to damages. Such is the complainants' case. Without having to go through all the
    evidence before it [...] the Tribunal holds that each of the complainants suffered treatment that was an affront to her personal and professional dignity. It was inadmissible for one of its officers, in this case a man, to make a habit of addressing women subordinates in language that was blatantly coarse and lascivious. What is more it offended against [an ILO circular], which seeks to ensure - to use its own words - a safe and healthful working environment free from sexual harassment and intimidation'. The whole drift of the evidence before the tribunal is that someone on whom the ILO had conferred much authority saw rough language and rough behaviour as not incompatible with his exercise of it. They were therefore part and parcel of the performance of his duties, and on that account the Organization is liable.

    Keywords:

    condition; conduct; injury; liability; misconduct; moral injury; organisation; respect for dignity; sexual harassment; supervisor;



  • Judgment 1558


    81st Session, 1996
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Mr. V., who defended the complainant before the Disciplinary Committee, has filed an application to intervene in the complaint on the grounds that the EPO has harmed his good name by making false, defamatory and insulting remarks about him in its surrejoinder. That matter falls outside the scope of the complaint before the Tribunal, whose ruling can have no bearing on Mr. V.'s grievance. His application is therefore disallowed."

    Keywords:

    complaint; decision; effect; intervention; moral injury; organisation's duties; request by a party; respect for dignity;



  • Judgment 1526


    81st Session, 1996
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "An organisation owes its staff a general duty of care, and must not cause them undue hardship. A case of non-renewal is no exception. The duty may entail avoidance or reduction of injury that termination may cause [...] at least when it was not a short-term appointment, when the record of service was long, and when the official had reasonable expectations of making a career in the organisation."

    Keywords:

    career; contract; duration of appointment; general principle; injury; legitimate expectation; moral injury; non-renewal of contract; official; organisation's duties; respect for dignity; short-term;



  • Judgment 1496


    80th Session, 1996
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The Tribunal would allow a complaint against a decision to transfer an official "if it were a hidden disciplinary sanction because there are specific procedural rules to protect a staff member when disciplinary action is taken: see for example Judgments 126, under 4 and 9, 1078, under 16, and 1407, under 18. In processing, ordering and notifying transfer an organisation must heed the staff member's dignity and good name and not cause unnecessary hardship: see Judgments 367, under 13 and 14, 631, under 27 and 28, 942, under 4, and 1234, under 15 and 19. And the decision must follow a proper enquiry: see Judgment 942, under 4."

    Reference(s)

    ILOAT Judgment(s): 126, 367, 631, 942, 1078, 1234, 1407

    Keywords:

    case law; due process; hidden disciplinary measure; inquiry; investigation; misuse of authority; moral injury; organisation's duties; respect for dignity; staff member's interest; transfer;

    Consideration 13

    Extract:

    "The abruptness of the complainant's transfer could scarcely be put down to the Organization's needs. [...] His new job was not on a par with the old one or in keeping with his qualifications. [...] The manner of it was calculated to offend his dignity, and the FAO proved inconsiderate. The conclusion is that its unlawful behaviour and the seriousness of its offence warrant redress. The letter of appreciation that the Director-General sent him on retirement will not suffice since it failed to acknowledge the unnecessary injury he had suffered."

    Keywords:

    compensation; moral injury; organisation's duties; respect for dignity; staff member's interest; transfer;



  • Judgment 1479


    80th Session, 1996
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "The Tribunal has often affirmed the principle of good faith by which international organisations are bound and their duty to treat their staff members with consideration and fairness. It has also affirmed - for example in Judgment 946 [...] - the staff member's right to be kept informed of any action that may affect his legitimate interests."

    Reference(s)

    ILOAT Judgment(s): 946

    Keywords:

    case law; duty to inform; general principle; good faith; organisation's duties; respect for dignity; staff member's interest;



  • Judgment 1395


    78th Session, 1995
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant was dismissed on grounds of unsuitability for work without having had a chance to answer the charges against her. The Tribunal orders her reinstatement and observes that she is also "entitled to an award of damages for moral injury in view of her seniority and her humiliation by being told that she 'need not be present in the laboratory until the end of [her] contract'."

    Keywords:

    moral injury; organisation's duties; reinstatement; respect for dignity; seniority; termination of employment; unsatisfactory service;



  • Judgment 1234


    74th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    The complainant, an official at grade D.2, was moved twice in 18 months but given no explanation for the transfers. His second move was to a post at a lower grade, at some distance from headquarters and in a field he had never worked in. The organization pleads that his transfer was "in the interests of the organization" and that the burden is on him to show that it was not. "But there it betrays a deeply mistaken view of its duty. Of course its own interests are paramount, but it must still, for the sake of proper management and mutual confidence, treat its staff fairly. If it is transferring a staff member it must let him have a degree of responsibility corresponding to his grade and respect his dignity. It must give him a statement of the reasons for the transfer and the opportunity of responding."

    Keywords:

    burden of proof; downgrading; duty to substantiate decision; grade; organisation's duties; organisation's interest; post; respect for dignity; right to reply; staff member's interest; transfer;



  • Judgment 1149


    72nd Session, 1992
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The Tribunal is not satisfied that the complainant's dignity was in any way impaired by his being on sick leave when his appointment expired. That an official is in hospital rather than at work at the office at the previously appointed date of termination is a mere accident of life. It cannot be seen by any reasonable person as detracting from the respect due to [him]."

    Keywords:

    organisation's duties; respect for dignity; separation from service; sick leave;



  • Judgment 942


    65th Session, 1988
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It is plain from the evidence now before the Tribunal that the transfer was flawed: first, no objective and impartial inquiry, such as the complainant had been asking for all along, had been carried out beforehand; and, secondly, there was breach of the duty any international organisation owes its staff to treat them with respect for their dignity and good name. The impugned decision must therefore be set aside."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE

    Keywords:

    flaw; inquiry; investigation; moral injury; organisation's duties; professional injury; respect for dignity; transfer; working relations;



  • Judgment 917


    65th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The "principles that govern the international civil service [...] forbid discrimination and require that all members of the staff be treated considerately and with respect for their dignity."

    Keywords:

    equal treatment; general principle; international civil service principles; organisation's duties; respect for dignity;



  • Judgment 809


    61st Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "[The] posts and the grade they carried were such that the decision was tantamount to a sanction. An organisation is bound to show due regard to the dignity and good name of its staff".

    Keywords:

    assignment; downgrading; grade; hidden disciplinary measure; moral injury; organisation's duties; post; professional injury; respect for dignity; transfer;



  • Judgment 781


    60th Session, 1986
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The Director-General informed the complainant on 25 May 1982 that his appointment as Assistant Director-General would end on 31 May 1983, when he would be transferred. He was on leave from 1 July 1982 to 31 May 1983. On 1 June 1983 he reported for duty at his former office. Shortly thereafter the Inspector-General came to tell him that the Director-General had ordered him to make an inventory of the papers that were in the office. UNESCO submits that the complainant's return to his former office was a "wilful act of defiance and insubordination". The complainant maintains that the organization was in breach of its duty to treat him with respect. The Tribunal finds that the main purpose of the Inspector-General's action was to impose on the complainant a moral sanction unwarranted by anything in the rules or by any factual consideration. Such an attack on his good name within the organization caused moral injury which, because of his senior rank, is the more serious.

    Keywords:

    moral injury; respect for dignity;



  • Judgment 611


    53rd Session, 1984
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The complainant is a man of parts and gave Unesco years of distinguished service. Unesco would have done well to treat him with greater consideration. Whatever attitude he may have taken on the termination of his appointment Unesco had no imperative reason to reject the offer of help he made them [...] Yet, though they were not as understanding as they might have been, they did not exceed their rights under the Staff Regulations and Staff Rules."

    Keywords:

    organisation's duties; respect for dignity;



  • Judgment 509


    48th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "[The complainant] also seeks protection against defamation. There is, however, nothing in the written evidence to suggest that aspersions have been cast on her honour at any point in the proceedings."

    Keywords:

    lack of evidence; moral injury; respect for dignity;



  • Judgment 476


    47th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Even where it has no reason to set a decision aside, the Tribunal may award moral damages to a complainant who, on account of injury to his dignity and reputation, has suffered serious prejudice such as to hamper his career."

    Keywords:

    condition; moral injury; professional injury; respect for dignity;



  • Judgment 427


    45th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19(D)

    Extract:

    "It is not a simple case of non-renewal. The complainant was the victim of a misconceived charge of misconduct of which the Director pronounced him to be guilty. The letter dropping the charge contained no withdrawal or apology and was composed as if the dropping was an act of lenience [...]. The illegal use of [the provision respecting special leave] made it appear as if the complainant had been summarily dismissed. [...] By these acts the complainant must have been caused deep distress. On the natural assumption that this course of action was pursued by a Director exercising wisdom and impartiality the interested public would inevitably conclude that the complainant had in some way disgraced himself".

    Keywords:

    contract; fixed-term; lack of evidence; moral injury; non-renewal of contract; professional injury; respect for dignity; serious misconduct;

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