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Outside activity (501, 502, 503,-666)

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Keywords: Outside activity
Total judgments found: 11

  • Judgment 4081


    127th Session, 2019
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision of the Director General not to allow him to carry out an assignment outside the Organisation.

    Judgment keywords

    Keywords:

    outside activity;

    Consideration 8

    Extract:

    According to the Tribunal’s case law, the decision of the executive head of an international organisation to allow or not to allow a staff member to carry out an assignment outside the organisation is a discretionary decision. Such a decision is subject to only limited review and thus will be set aside only if it has been taken without authority, if there is a formal or procedural flaw, a mistake of law or of fact, or if some essential fact has been overlooked or a clearly mistaken conclusion drawn from the evidence, or if there is misuse of authority (see Judgments 2377, consideration 5, and 3858, consideration 12).

    Reference(s)

    ILOAT Judgment(s): 2377, 3858

    Keywords:

    discretion; judicial review; outside activity;



  • Judgment 3289


    116th Session, 2014
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant received a written censure for failing to comply with the procedure of authorizing outside activities and remuneration.

    Judgment keywords

    Keywords:

    breach; censure; consultation; disciplinary measure; flaw; misconduct; outside activity; salary;



  • Judgment 3106


    113th Session, 2012
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The principle of freedom of association "precludes interference by an organisation in the affairs of its staff union or the organs of its staff union (see Judgment 2100, under 15). A staff union must be free to conduct its own affairs, to regulate its own activities and, also, to regulate the conduct of its members in relation to those affairs and activities. Thus, it was said in Judgment 274, under 22, that “[t]here could be no true freedom of association if the disapproval of the Director General, whether justified or not, of what was said [in an open letter issued in connection with a staff union referendum] could lead to disciplinary measures”. Further, an organisation must remain neutral when differences of opinion emerge within a staff union: it must not favour one group or one point of view over another. To do so would be to diminish the right of a staff union to conduct its own affairs and to regulate its own activities. Nor does an organisation have any legitimate interest in the actions of staff members in their dealings with their staff union and/or other staff union members with respect to the affairs and activities of the union. Thus, it was said in Judgment 274, under 22, that “[a] staff member’s conduct of [his] private life is not the concern of the Director-General [unless it] brings the Organization into disrepute”, and that trade union activities “likewise constitute an area that is ‘prima facie’ outside the Director- General’s jurisdiction”, although “there may be exceptional cases”."

    Reference(s)

    ILOAT Judgment(s): 274, 2100

    Keywords:

    breach; competence; complaint allowed in part; conduct; difference; disciplinary measure; executive head; freedom of association; organisation's duties; organisation's interest; organisation's reputation; outside activity; right; staff union; staff union activity;



  • 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 servant; international civil service principles; interpretation; judicial review; limits; organisation; outside activity; publication; refusal; respect for dignity; right; safeguard; staff member's interest; staff representative; staff union; staff union activity; tribunal;



  • Judgment 1584


    82nd Session, 1997
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9 and 11

    Extract:

    The complainant failed time and again to meet his financial obligations - in particular the payment of alimony to his family - disobeyed the judicial and administrative authorities of the host country and received several prison sentences. The permanent mission of the host country and his creditors approached the Organization many times. "In behaving as he did he obviously showed scant regard for his duties as an international civil servant and betrayed the Organization's trust. It was only reasonable that the WMO should consider that his conduct precluded keeping him on." There was no breach of the rule of proportionality.

    Keywords:

    conduct; disciplinary measure; fitness for international civil service; misconduct; organisation's interest; organisation's reputation; outside activity; proportionality; staff member's duties; termination;



  • Judgment 1501


    81st Session, 1996
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The proper performance of his mission by an international civil servant requires him to avoid such infringement of the ethical rules of the host country as may hamper or prevent the discharge of duty." The complainant's breach of those rules warranted transfer to Headquarters.

    Keywords:

    conduct; duty station; field; fitness for international civil service; headquarters; international civil servant; outside activity; staff member's duties; transfer;



  • Judgment 1480


    80th Session, 1996
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The Organization took the quite proper view that, though it would not become involved in personal affairs, it expected a staff member to honour any financial obligations and would act if standards of conduct were such as to impair its own demonstrable interests or discredit it and its officials."

    Keywords:

    conduct; international civil servant; organisation's reputation; outside activity; staff member's duties;



  • Judgment 1363


    77th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 38

    Extract:

    The complainant alleges that the charges against him of misconduct and his subsequent dismissal were mistaken. On the evidence "the Tribunal is satisfied that the complainant was in breach of his professional obligations throughout the period of his service at the EPO in that without leave he had set up and was running a consultancy firm under cover of his main professional activity. Such professional misconduct was compounded by the coincidence between the area of the firm's business and the EPO's own area of competence and by his offering or actually providing services to his customers that were connected with his official duties at the EPO."

    Keywords:

    conduct; continuing breach; disciplinary measure; misconduct; organisation's interest; outside activity; serious misconduct; staff member's duties; termination;

    Consideration 40

    Extract:

    The complainant was charged with serious misconduct and dismissed. He alleges that the EPO imposed a penalty that was too severe and disproportionate in order to get back at him for his staff union work. "There is not a shred of evidence to support the charge of 'union-bashing' he levels against the EPO. What prompted the disciplinary proceedings was his pursuit of private business for his own enrichment and in abuse of his position as an official."

    Keywords:

    bias; breach; disciplinary measure; disciplinary procedure; outside activity; proportionality; staff member's duties; staff union activity;



  • Judgment 1312


    76th Session, 1994
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The complainant started divorce proceedings and was charged with acting against "law and morals" in his home country and was held there against his will. He was unable to return to his duty station at the end of his home leave and the Agency decided not to renew his appointment. "Circumstances relating to an official's private life - even though they may prompt civil or penal proceedings - are relevant in the area of administration only insofar as they may affect his performance of official duties."

    Keywords:

    case sent back to organisation; complaint allowed; complaint allowed in part; conduct; contract; decision quashed; fitness for international civil service; fixed-term; municipal court; non-renewal of contract; outside activity; staff member's duties;



  • Judgment 274


    36th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    under fao manual provision 330.151, unsatisfactory conduct consists of "conduct which is incompatible with the staff member's undertaken or implied obligation to the organization." "the unsatisfactory performance of staff duties is clearly within this general definition." a staff member's conduct of his private life or his trade union activities are not, apart from exceptional cases, the concern of the director-general.

    Reference(s)

    Organization rules reference: PARAGRAPH 330.151 FAO MANUAL

    Keywords:

    competence; conduct; executive head; outside activity; staff member's duties; staff union activity;

    Consideration 22

    Extract:

    when the offending conduct falls outside staff duties, "each case must be examined carefully to see whether an obligation has been broken". a staff member's conduct of his private life is not the concern of the director-general, unless it brings the organization into disrepute. in the same way, trade union activities fall outside the competence of the director-general, although there may be exceptions.

    Keywords:

    competence; conduct; executive head; freedom of association; judicial review; outside activity; staff member's duties; staff union activity;



  • Judgment 79


    13th Session, 1964
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The acts criticised show that "the complainant was guilty of serious misconduct; moreover, even if they had concerned only his private life - which is not the case - these acts were of a nature to compromise the organization's reputation and thus legally to warrant summary dismissal [...] under the terms laid down" in the relevant provision. The fact that the complainant "was ill at the time and that special sick leave for officials is normally provided for [...] constitutes no obstacle to the enforcement of the said provision by the Director-General."

    Keywords:

    conduct; disciplinary measure; illness; organisation's reputation; outside activity; serious misconduct; summary dismissal; termination;


 
Last updated: 19.09.2019 ^ top