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Refusal to assign work (206,-666)

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Keywords: Refusal to assign work
Total judgments found: 7

  • Judgment 3937


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who held a grade P-5 post, contends that she was deprived of any real duties.

    Judgment keywords

    Keywords:

    refusal to assign work;



  • 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 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:

    complaint allowed; complaint allowed in part; decision quashed; discretion; general principle; refusal to assign work; respect for dignity; special leave; staff regulations and rules;



  • Judgment 1231


    74th Session, 1993
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 31 33

    Extract:

    A new post to which the complainant had been assigned was then abolished. The facts "lend weight to the complainant's view that 'shunting' him - as he puts it - into an empty administrative post was just a start to removing him. What bears out the foregoing is that apart from the broad allusion to 'interests' the impugned decisions disclose no consistent idea of reform warranting the creation of the post [in question] in 1989 or the abolition of it in 1991. There is no discerning in what happened anything but a series of makeshift measures taken - at heavy cost to the organization's coffers - to dispose of the case of an official Interpol wanted to discharge in disregard of due forms and process. To that extent there is a parallel in law with a case the Tribunal deplored in Judgment 807 [...]."

    Reference(s)

    ILOAT Judgment(s): 807

    Keywords:

    abolition of post; case law; complaint allowed; creation of post; decision quashed; judicial review; misuse of authority; organisation's interest; post held by complainant; refusal to assign work;



  • Judgment 809


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

    Consideration 17

    Extract:

    "unless leave is granted at his own wish or he is on sick leave - which is just an incident of employment - a paid staff member is entitled to be given work to do that matches his grade."

    Keywords:

    annual leave; assignment; complaint allowed; complaint allowed in part; exception; grade; leave; refusal to assign work; right; salary; sick leave;



  • Judgment 630


    54th Session, 1984
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    all staff members should hold a post and perform the duties pertaining thereto. this "principle will not in practice have the effect of impairing the legitimate authority of the head of branch. work requirements will determine how staff are to be assigned, and the result may be that a staff member has some of his duties taken away from him or is set to work that does not quite match his inclinations or even his talents. the supervisor is also entitled to propose that a staff member be moved [...] but so long as the staff member remains in a particular branch the head must see to it that he is given real work."

    Keywords:

    assignment; complaint allowed; complaint allowed in part; international civil servant; organisation's duties; organisation's interest; post; qualifications; refusal to assign work; request by a party; right; staff member's duties; supervisor; transfer;

    Consideration 5

    Extract:

    "only where the staff member's behaviour makes the situation intolerable may the administration contemplate giving him no work at all, and the decision will still be subject to judicial review. the same is true where a staff member commits gross misconduct, but for that provision is made in the staff regulations in the form of suspension with pay pending administrative investigation."

    Keywords:

    complaint allowed; complaint allowed in part; conduct; inquiry; judicial review; refusal to assign work; serious misconduct; staff regulations and rules; suspension;

    Consideration 9

    Extract:

    "the manner in which she was deprived of her duties was sudden and discourteous. her position has remained unaltered for some years. and not only did her supervisor fail in his responsibility towards her; the ilo, too, since she had committed no misconduct, ought to have done its utmost to find proper duties and responsibilities for her."

    Keywords:

    complaint allowed; complaint allowed in part; liability; organisation's duties; refusal to assign work; supervisor;

    Consideration 10

    Extract:

    The complainant was inconsiderately left idle. The organisation ought to have done its utmost to set the situation right. "The Tribunal holds that the ilo caused serious injury to the complainant's feelings and reputation and was in breach of its obligations. It shall pay her compensation for moral injury. Inasmuch as it finds the ILO at fault the present judgment itself affords a remedy, but she is also entitled to damages for the serious prejudice she has suffered [...]."

    Keywords:

    allowance; breach; compensation; complaint allowed; complaint allowed in part; misconduct; moral damages; moral injury; organisation; organisation's duties; professional injury; refusal to assign work;

    Consideration 7

    Extract:

    the complainant was not given any work. the organisation refers to her frequent absences on sick leave. "if the complainant was ill the ilo was under a duty to grant her rights under the staff regulations."

    Keywords:

    applicable law; complaint allowed; complaint allowed in part; illness; organisation's duties; refusal to assign work; sick leave; staff regulations and rules;

    Consideration 3

    Extract:

    "the complainant argues that the unfair treatment lies in her being kept idle for so long. accordingly the time limit for filing an appeal did not begin on the date on which her supervisor decided, while keeping her on her post, to give her no more work: the injury occurred only with the passage of time. thus, although it was only after being kept idle for a considerable lapse of time that the complainant appealed to the director-general, and then to the tribunal, for compensation for the injury she alleged, her claims are not time-barred and her complaint is receivable."

    Keywords:

    compensation; complaint; complaint allowed; complaint allowed in part; date; executive head; iloat; injury; internal appeal; period; post; receivability of the complaint; refusal to assign work; request by a party; start of time limit; supervisor; time bar;



  • Judgment 361


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 42

    Extract:

    "the tribunal concludes that the injury done to the complainant's feelings and reputation is so grave as to amount to a breach of obligation which calls for compensation. there must also be considered under this head the failure of the organisation to do all that is practicable to see that a staff member is given work and responsibility appropriate to his grade." [the complainant was summarily relieved of his duties as acting director of his division and left idle.]

    Keywords:

    moral injury; organisation's duties; professional injury; refusal to assign work;


 
Last updated: 19.07.2019 ^ top