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Working conditions (404, 405,-666)

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Keywords: Working conditions
Total judgments found: 23

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  • Judgment 3861


    124th Session, 2017
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the refusal to grant her flexible working arrangements during the breastfeeding period.

    Judgment keywords

    Keywords:

    breastfeeding; working conditions; working hours;



  • Judgment 3846


    124th Session, 2017
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant objects to the working conditions to which she was subjected during a secondment and contends that the ITU breached the rules on performance appraisals.

    Judgment keywords

    Keywords:

    secondment; working conditions;



  • Judgment 3519


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the implied rejection of his request that the Central Occupational Health, Safety and Ergonomics Committee be provided with sufficient information to form an opinion on the impact of an EPO programme on the health of staff.

    Judgment keywords

    Keywords:

    failure to exhaust internal remedies; working conditions;



  • Judgment 3319


    117th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to introduce a total smoking ban in all premises of the organisation.

    Judgment keywords

    Keywords:

    working conditions;



  • Judgment 3250


    116th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant was recognized as a victim of institutional harassment.

    Consideration 10

    Extract:

    "While the conduct of management which is necessary and reasonable would not constitute harassment, the present case demonstrates how continued mismanagement showing gross negligence on the part of the Organization cannot justify any longer the “managerial need” for the repeated temporary transfers of the complainant which had an ill effect on her. Taken individually, the isolated incidents [...] can perhaps be considered as improper but managerially justified, but taken as a whole the effect is much more damaging to the complainant and can no longer be excused by administrative necessity."

    Keywords:

    complaint allowed in part; harassment; injury; negligence; organisation's duties; professional injury; transfer; working conditions;



  • Judgment 3215


    115th Session, 2013
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the complainant did not exhaust internal remedies concerning her claim of harassment and failed to prove negligence on the part of IAEA, the Tribunal dismissed her complaint.

    Consideration 12

    Extract:

    "As discussed in Judgment 2804, negligence is the failure to take reasonable steps to prevent a foreseeable risk of injury. Liability in negligence is occasioned when the failure to take such steps causes an injury that was foreseeable. A person seeking damages for negligence bears the burden of establishing the factual foundation on which the claim is based."

    Reference(s)

    ILOAT Judgment(s): 2804

    Keywords:

    accident; burden of proof; evidence; general principle; injury; liability; material damages; negligence; organisation's duties; service-incurred; working conditions;



  • Judgment 3173


    114th Session, 2013
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the refusal to grant her compensation for an illness which she considers as attributable to the performance of her official duties.

    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 by a party; 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 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; terms of appointment; transfer; 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 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 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 TRIBUNAL'S STATUTE

    Keywords:

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



  • 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;



  • Judgment 528


    49th Session, 1982
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "though the existence of such a risk [noise levels] is, in the tribunal's view, a material point, it does not suffice to establish that the complainant's disability was service-incurred".

    Keywords:

    elements; evidence; illness; service-incurred; working conditions;



  • Judgment 496


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    the principle of freedom of association "is accepted by the organization and [the staff regulations require] the director to make provision for staff participation in the discussion of policies relating to staff questions and staff rules made thereunder give effect to the principle. the rules provide inter alia that staff shall have the right to associate themselves together in a formal organisation for the purpose of developing staff activities [...] and making representations to [the organization] concerning personnel policy and conditions of service".

    Keywords:

    freedom of association; provision; staff claim; staff regulations and rules; staff union; working conditions;



  • Judgment 402


    43rd Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "in some employments there are unavoidable risks. [...] the question in each case is whether the risk is abnormal having regard to the nature of the employment. in a case such as the present a reasonable test (though this is only one possible criterion) might be to consider whether an insurance company could, because of the civil war [...] properly demand an additional premium for cover against the risk of injury [...] if so, the risk would be abnormal."

    Keywords:

    duty station; insurance; special hazard; working conditions;

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Last updated: 19.09.2019 ^ top