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ACCIDENT

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Keywords: ACCIDENT
Total judgments found: 38

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  • Judgment 3173


    114th session, 2013
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "The approach of the Organization, which is a reflection of the position adopted by the Managing Director, involves an assumption which would not, in all cases, be correct. The assumption is that work-related stress said by an employee to be the result of abuse and harassment, can only arise if, as an objective fact, there has been abuse and harassment. Such an approach takes no account of the possibility that stress can be the product of perceptions and not reality. Put slightly differently, an employee may be exposed to conduct which, viewed objectively, would not be characterised as abuse and harassment. But it does not follow that exposure to that conduct could not induce work-related stress in an employee who perceived that conduct as abusive and harassing. For this reason the answer to the question that was to be considered by the independent panel, i.e. whether the complainant had been subjected to “constant harassment and abuse” by her supervisor would not necessarily have answered the question raised by the complainant’s claim for compensation considered by the [Advisory Board on Compensation Claims]. Her claim raised the question of whether her supervisor’s conduct caused a stress-related illness not whether his conduct, viewed objectively, could be characterised as abuse and harassment."

    Keywords:

    advisory body; compensation; harassment; injury; service-incurred; working conditions;



  • Judgment 3025


    111th session, 2011
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The Tribunal recalls that an international organisation has a duty to provide a safe and adequate environment for its staff, and they in turn have the right to insist on appropriate measures to protect their health and safety (see Judgment 2706, under 5)."

    Reference(s)

    ILOAT Judgment(s): 2706

    Keywords:

    international civil servant; organisation's duties; request; right; working conditions;



  • Judgment 2972


    110th session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "[A]n international organisation 'necessarily has power to restructure some or all of its departments or units, including by the abolition of posts,[...] and the redeployment of staff' (see Judgment 2510, under 10). The notion of redeployment is apt to include not only assignment to different posts, but also the assignment of new or different shift work patterns."

    Reference(s)

    ILOAT Judgment(s): 2510

    Keywords:

    abolition of post; assignment; other; post; reorganisation; working conditions; working hours;

    Consideration 8

    Extract:

    "Once it is accepted that an organisation has a right to assign new or different shift work patterns, it follows that a particular shift work pattern cannot constitute an acquired right."

    Keywords:

    acquired right; assignment; organisation; reorganisation; right; working conditions; working hours;



  • Judgment 2856


    107th session, 2009
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "It is [...] clear that 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 Judgment 2229, under 3(a))."

    Reference(s)

    ILOAT Judgment(s): 2229

    Keywords:

    decision; organisation's duties; reassignment; respect for dignity; same; status of complainant; transfer; working conditions;



  • Judgment 2843


    107th session, 2009
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4 and 6

    Extract:

    As a result of slipping on liquid in the Office's underground car park, the complainant suffered a fracture of the leg.
    "The complainant contends [...] that the Office breached the duty of care owed to its employees by failing to provide a safe work environment. He maintains that the Office was negligent in its cleaning and maintenance of the car park and claims that it should have been mopped instead of just swept on a weekly basis and that the security staff were not specifically trained to check for and report oil or water stains."
    "Given the nature of the premises, namely a car park, it cannot be concluded that it was reasonable for the Office to take measures in addition to those that were in place at the time of the accident. In particular, it cannot be concluded that it should have arranged for the mopping rather than the sweeping of the floors. Moreover, it has not been established that, even if additional measures had been taken, they would have eliminated the risk of injury. Accordingly, negligence has not been established and the complaint must be dismissed."

    Reference(s)

    ILOAT Judgment(s): 435, 2533, 2804

    Keywords:

    accident; damages; general principle; invalidity; liability; organisation's duties; service-incurred;



  • Judgment 2819


    107th session, 2009
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "As the transfer decision did not respect the complainant's dignity, the Tribunal will order that the complainant be reassigned, within 28 days, to a post that satisfies the core requirement of a grade A6 post, namely, the running of a prominent organisational unit covering several specialised fields, and that the decision of 22 December 2005 be quashed with effect from the date of his reassignment to the new post."

    Keywords:

    compensatory measure; grade; order; post; respect for dignity; same; status of complainant; terms of appointment; transfer; tribunal; working conditions;

    Consideration 8

    Extract:

    "It is well settled that a transfer decision, if of a nondisciplinary nature, «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 Judgment 2229, under 3(a)). Given that the new tasks of the complainant involve none of the tasks specified in the Service Regulations for a grade A6 post, it must be concluded that the transfer did not respect his dignity. There are two other matters that indicate a lack of respect for the complainant's dignity. First, there is the Vice- President's e-mail of 9 January 2006 that was transmitted to all other Principal Directors in his Directorate and that clearly impugned the complainant's ability to perform his functions as head of the Joint Cluster Computers. [...] There was no need to justify the decision to the complainant's peers and the e-mail could only lessen his standing in their eyes. The second matter is that the complainant was not provided with any staff - not even a secretary."

    Reference(s)

    ILOAT Judgment(s): 2229

    Keywords:

    grade; post; respect for dignity; same; status of complainant; terms of appointment; transfer; working conditions;



  • Judgment 2706


    104th session, 2008
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "[A]s the Tribunal held in Judgment 2524, an international organisation has a duty to provide a safe and adequate environment for its staff."

    Reference(s)

    ILOAT Judgment(s): 2524

    Keywords:

    complaint allowed; complaint allowed in part; international civil servant; organisation's duties; working conditions;



  • Judgment 2654


    103rd session, 2007
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant requests that UNESCO recognise that she has been subjected to moral harassment and acknowledge all the repercussions this has had on her "human dignity and professional life". The Organization asks the Tribunal to find that there is no factual or legal basis to the complainant's claim that she notified the Administration of a case of moral harassment. The Tribunal considers "that the complainant did accuse her supervisor of harassment, and that the Organization, which was then under an obligation to initiate an objective inquiry into the validity of her accusations, failed to do so and has merely regretted the fact that it held no investigations.
    By failing to conduct an inquiry to determine the validity of such serious accusations, the defendant breached both its duty of care towards one of its staff members and its duty of good governance, thereby depriving the complainant of her right to be given an opportunity to prove her allegations."

    Keywords:

    breach; burden of proof; career; claim; complaint allowed; complaint allowed in part; condition; consequence; duty of care; harassment; inquiry; organisation's duties; respect for dignity; right; supervisor; working conditions; working relations;



  • Judgment 2635


    103rd session, 2007
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "It is [...] well established in the case law that the preservation of harmony and good relations in a working environment are legitimate interests. A decision to transfer a staff member will not be invalid if taken for that purpose. Accordingly, in the present case, even if the decision to transfer the complainant was motivated by a desire to resolve relational difficulties, provided the new position accorded reasonably with her qualifications and respected her dignity, there would be no basis on which to interfere with the decision."

    Keywords:

    complaint allowed; complaint allowed in part; decision; discretion; grounds; organisation's duties; organisation's interest; purpose; qualifications; respect for dignity; staff member's interest; transfer; working conditions; working relations;



  • Judgment 2533


    101st session, 2006
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.

    "[T]he expenses of necessary adaptations to house and car are on no different footing than other necessary expenses incurred as a consequence of the complainant's service-related injury and must be reimbursed."

    Keywords:

    accident; complaint allowed; complaint allowed in part; handicapped person; insurance benefit; invalidity; organisation's duties; refund; service-incurred;

    Consideration 26

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.

    "[G]iven the possibly progressive nature of [the illness], the condition may continue to deteriorate seriously. [...] the Tribunal asserts unequivocally that the defendant's obligation to pay the complainant reasonable compensation for the results of his workplace injury is a continuing one and is not affected or diminished by the terms of an insurance policy to which the complainant is not a party."

    Keywords:

    accident; complaint allowed; complaint allowed in part; consequence; disability benefit; handicapped person; illness; insurance; insurance benefit; invalidity; maximum limit; organisation's duties; provision; service-incurred;

    Consideration 6

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.

    "It is common for a mature legal system to provide compensation on a 'no fault' basis to employees who suffer workplace injuries; the law of the international civil service can do no less."

    Keywords:

    accident; applicable law; complaint allowed; complaint allowed in part; damages; general principle; handicapped person; international civil servant; international civil service principles; invalidity; organisation's duties; service-incurred;

    Consideration 22

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.

    "The absence of an indexation clause [of the "disability pension"], however, does not remove the defendant's obligation to provide the complainant with adequate compensation. The concern that the utility of the award may be reduced through spoliation is very real and could, in times of high inflation, conceivably, have the effect of negating the very purpose of the disability pension which is to make the complainant whole despite his service-related injury. That is only a possibility, however, and the Tribunal is reluctant to order indexation as a matter of routine when the feared spoliation may never occur to an extent significant enough to seriously affect the complainant's position. Exceptionally, the Tribunal will frame its order in such a way that the complainant may apply at a future date for an adjustment to any ongoing pension payments when and if the purchasing power of such payments has been reduced by at least 10 per cent. Such applications should be by way of request for the execution of the present judgment."

    Keywords:

    accident; adjustment; application for execution; complaint allowed; complaint allowed in part; cost-of-living increase; disability benefit; handicapped person; invalidity; organisation's duties; reckoning; service-incurred;



  • Judgment 2403


    98th session, 2005
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "It is not in doubt that an international organisation is under an obligation to take proper measures to protect its staff members from physical injury occurring in the course of their employment. The same is true with respect to loss of or damage to their personal property. As a matter of principle, the same must be true of financial loss suffered in the course of their employment. Particularly is that so where, as here, the loss is directly associated with compulsory participation in a fund established by the organisation and managed in accordance with rules which limit the participants' rights with respect to that fund."

    Keywords:

    complaint allowed; deficiency payment; liability; lump-sum; material injury; organisation's duties; participation; pension; provident fund; right; working conditions;



  • Judgment 2190


    94th session, 2003
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    CONSIDERATION 3

    Extract:

    "IT IS INCOMPREHENSIBLE THAT NO INTERNAL ADMINISTRATIVE INVESTIGATION WAS CONDUCTED FOLLOWING AN ACCIDENT WHICH INVOLVED A [...] VEHICLE [OF THE ORGANIZATION] DRIVEN BY AN EMPLOYEE OF THE ORGANIZATION IN THE CONTEXT OF AN OFFICIAL MISSION, AND WHICH CAUSED THE DEATH OF TWO PASSENGERS, ONE OF WHOM WAS A [...] STAFF MEMBER [OF THE ORGANIZATION], AS WELL AS THE SERIOUS INJURIES SUFFERED BY THE COMPLAINANT. THE FACT THAT THE NAMIBIAN AUTHORITIES OPENED THEIR OWN ENQUIRY COULD NOT IN ANY WAY EXEMPT THE ORGANIZATION FROM ASCERTAINING WHETHER THE CONDITION OF THE VEHICLE, THE PREPARATION OF THE MISSION AND, MORE GENERALLY, THE CIRCUMSTANCES OF THE ACCIDENT REVEALED ANY ADMINISTRATIVE FAILURE, THE CONSEQUENCES OF WHICH IT WOULD HAVE A DUTY TO BEAR. [...] THERE IS NO EVIDENCE TO SUGGEST THAT ANY INTERNAL ENQUIRY WHATSOEVER WAS CONDUCTED IN CONNECTION WITH THIS ACCIDENT. THIS FAILURE CAUSED THE COMPLAINANT AN INJURY WHICH THE TRIBUNAL CONSIDERS TO BE EQUITABLY COMPENSATED BY AN AWARD OF 5,000 UNITED STATES DOLLARS."

    Keywords:

    accident; complaint allowed; complaint allowed in part; damages; injury; inquiry; member state; misconduct; omission; organisation's duties; service-incurred;



  • Judgment 2091


    92nd session, 2002
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    CONSIDERATIONS 10 AND 12

    Extract:

    THE COMPLAINANT HAD AN ACCIDENT WHILE ON DUTY. HE SIGNED A SETTLEMENT AGREEMENT WITH THE ORGANISATION AND THE CERN PENSION FUND IN ORDER TO SOLVE THE ISSUE OF THE PAYMENT OF AN INCAPACITY PENSION BY THE PENSION FUND. "THE ESO SUBMITS THE COMPLAINT IS NOT RECEIVABLE AS IT DOES NOT ALLEGE NON-OBSERVANCE OF THE TERMS OF THE COMPLAINANT'S APPOINTMENT OR OF THE [ORGANISATION]'S RULES AND REGULATIONS [...]. THE TRIBUNAL CONSIDERS THAT SINCE THE SETTLEMENT BETWEEN THE COMPLAINANT, THE [ORGANISATION] AND THE CERN PENSION FUND ARISES OUT OF THE COMPLAINANT'S RIGHTS UNDER HIS CONTRACT OF EMPLOYMENT AS WELL AS THE STAFF RULES AND REGULATIONS, IT HAS JURISDICTION TO CONSIDER THE EFFECT OF THE TRILATERAL AGREEMENT."

    Keywords:

    accident; breach; cern pension fund; competence of tribunal; complainant; complaint; complaint allowed in part; consequence; contract; definition; effect; iloat; incapacity; judicial review; organisation; payment; pension; provision; receivability; right; service-incurred; staff regulations and rules;



  • Judgment 2089


    92nd session, 2002
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    CONSIDERATION 16

    Extract:

    "TO ACCEPT THAT PENSIONS MUST ALWAYS BE ADJUSTED TO KEEP IN LINE WITH POST-RETIREMENT SALARY INCREASES WOULD BE TO EXPOSE PENSION FUNDS TO AN UNCERTAIN AND UNMEASURABLE FUTURE LIABILITY WHICH MIGHT WELL IN THE END WIPE OUT THE FUNDS THEMSELVES."

    Keywords:

    acceptance; adjustment; discontinuance; increase; pension; pension adjustment system; retirement; salary; separation from service; special hazard; subsequent fact; unjspf;



  • Judgment 2083


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

    CONSIDERATIONS 8 AND 9

    Extract:

    THE COMPLAINANT SUFFERED FROM RETINAL DETACHMENTS AND A DETACHMENT OF THE VITREOUS. THE ORGANIZATION RECOGNISED HER EYE CONDITION AS SERVICE INCURRED. IN "SEPTEMBER 1998 ... THE [ORGANIZATION] DECIDE[D] TO STOP REIMBURSING THE BILLS [SHE SUBMITTED] ON [THE] GROUNDS [...] THAT CURING HER RETINAL DETACHMENTS WAS NO LONGER THE OBJECT OF THE TREATMENT. HOWEVER, IT DID NOT SHOW THAT THE SERVICE-INCURRED INJURIES WERE NOT A "DIRECT AND PRINCIPAL" CAUSE OF THE TREATMENT [... ] THE TRIBUNAL TAKES THE VIEW THAT ALTHOUGH, AS THE ORGANIZATION SAYS, THE DECISION TO STOP REIMBURSING THE BILLS WAS AT THE DISCRETION OF THE DIRECTOR-GENERAL, IT COULD NOT BE TAKEN WITHOUT AN INDEPENDENT EXPERT MEDICAL OPINION OBTAINED THROUGH A PROCESS WHICH PROVIDES ALL THE SAFEGUARDS OF TRANSPARENCY AND IMPARTIALITY." THE CASE IS THEREFORE SENT BACK TO THE ORGANIZATION.

    Keywords:

    accident; case sent back to organisation; complaint allowed; consequence; decision; discretion; due process; executive head; expert inquiry; grounds; illness; independence; insurance benefit; lack of evidence; medical opinion; organisation; organisation's duties; procedure; refund; refusal; safeguard; service-incurred;



  • 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:

    complaint allowed; complaint allowed in part; 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 ILOAT STATUTE

    Keywords:

    compensation; complaint allowed; complaint allowed in part; damages; harassment; illness; iloat statute; injury; organisation's duties; respect for dignity; service-incurred; working conditions;



  • Judgment 1606


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

    CONSIDERATION 11

    Extract:

    "THE COMPLAINANT'S CASE IS THAT HIS EARNING CAPACITY HAS BEEN IMPAIRED, NOT DIRECTLY, BUT MERELY INDIRECTLY IN THAT TRAVEL IS ESSENTIAL FOR ANY EMPLOYMENT FOR WHICH HE IS SUITED AND HIS CONDITION [FOLLOWING A SERVICE INCURRED ACCIDENT] HAS MADE IT DIFFICULT, IF NOT IMPOSSIBLE, FOR HIM TO TRAVEL. THE BURDEN THEREFORE LAY ON HIM IN THE INTERNAL PROCEEDINGS TO SHOW THAT ANY SUITABLE EMPLOYMENT WOULD ENTAIL AN APPRECIABLE AMOUNT OF TRAVEL."

    Keywords:

    accident; burden of proof; evidence; incapacity; injury; service-incurred;



  • Judgment 1486


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

    CONSIDERATION 16

    Extract:

    "THE TRIBUNAL CONCLUDES THAT THE COMPLAINANT'S ILLNESS MUST BE ASSUMED TO HAVE BEEN DIRECTLY DUE TO HIS ASSIGNMENT BY THE FAO TO AN AREA POSING A SPECIAL HAZARD TO HIS HEALTH, TO HAVE OCCURRED AS A RESULT OF THAT HAZARD, AND THEREFORE TO BE SERVICE-INCURRED WITHIN THE MEANING OF MANUAL PARAGRAPH 342.213."

    Reference(s)

    Organization rules reference: PARAGRAPH 342.213 FAO MANUAL

    Keywords:

    case sent back to organisation; complaint allowed; complaint allowed in part; duty station; field; illness; service-incurred; special hazard; staff regulations and rules;



  • Judgment 1389


    78th session, 1995
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    CONSIDERATION 27

    Extract:

    "THE INTERNATIONAL ORGANISATION IS UNDER NO DUTY TO INSURE ITS EXPERT AGAINST ANY ADVERSE EFFECTS ON HIM THAT THE NATIONAL POSTAL DEPARTMENT MAY DRAW FROM CONCLUSIONS ABOUT THE NATURE OF AN ACCIDENT THAT HAS BEFALLEN HIM WHILE ON MISSION FOR THE ORGANISATION. SO ANY CLAIM THAT THE EXPERT MAY MAKE THAT GOES BEYOND THOSE LIMITS SHOULD BE MADE TO THE NATIONAL DEPARTMENT, WHICH WILL DEAL WITH IT ACCORDING TO ITS OWN RULES. NOR INDEED MAY THE UNION OR THE TRIBUNAL INTERVENEIN THE AREA OF THE DEPARTMENT'S COMPETENCE."

    Keywords:

    accident; applicable law; competence of tribunal; domestic law; insurance; organisation's duties; project personnel;



  • Judgment 1369


    77th session, 1994
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    CONSIDERATION 16

    Extract:

    EUROCONTROL QUESTIONS WHETHER A COMPLAINANT MAY RELY ON A COLLECTIVE AGREEMENT BETWEEN AN ORGANISATION AND ITS STAFF. "IT IS A TRUTH UNIVERSALLY ACKNOWLEDGED THAT THE COLLECTIVE AGREEMENT IS A BASIC VEHICLE OF SOCIAL PROGRESS, JUSTICE AND PEACE. THAT THAT IS SO IS DUE TO THE INTERNATIONAL LABOUR ORGANIZATION, AMONG OTHERS, AND TO ITS INTERNATIONAL INSTRUMENTS SUCH AS THE RIGHT TO ORGANISE AND COLLECTIVE BARGAINING CONVENTION, 1949 (NO. 98) AND THE LABOUR RELATIONS (PUBLIC SERVICE) CONVENTION, 1978 (NO. 151)."

    Reference(s)

    ILOAT Judgment(s): 1311

    Keywords:

    applicable law; collective bargaining; collective rights; competence of tribunal; staff union agreement; working conditions; written rule;

    CONSIDERATION 16

    Extract:

    AN INTERNATIONAL ORGANISATION IS "FREE TO CHOOSE WHATEVER METHODS OR MEANS IT LIKES - BE THEY FORMAL RULES OR CONTRACTS OF EMPLOYMENT - TO DEFINE THE TERMS OF APPOINTMENT OF STAFF. BUT ANY COLLECTIVE AGREEMENT IT DOES CONCLUDE BECOMES PART OF THE LAW OF THE INTERNATIONAL CIVIL SERVICE. SIGNING SUCH AN AGREEMENT PUTS IT UNDER OBLIGATIONS IN LAW; A MEMBER OF ITS STAFF MAY PLEAD SUCH OBLIGATIONS IN A COMPLAINT TO THE TRIBUNAL; AND THE TRIBUNAL WILL REVIEW COMPLIANCE WITH THE LETTER AND SPIRIT OF THE AGREEMENT."

    Keywords:

    collective rights; international civil service principles; judicial review; organisation's duties; organisation's interest; right; right of appeal; staff union agreement; working conditions; written rule;

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Last updated: 20.05.2013 ^ top