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

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Keywords: Outside activity
Total judgments found: 13

• Judgment 4565

  
  134th Session, 2022
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to impose on her the disciplinary sanction of downgrading for having engaged in gainful employment while on non-active status without prior authorisation.

  Judgment keywords

  Keywords:

  complaint dismissed; disciplinary measure; downgrading; outside activity;
  

  
  
  

• Judgment 4554

  
  134th Session, 2022
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision deriving from the Administrative Council’s decision CA/D 2/15 to require the recipients of the new retirement pension for health reasons to cease performing gainful activities or employment or to refrain from performing such activities or employment.

  Judgment keywords

  Keywords:

  case sent back to organisation; complaint allowed; invalidity; outside activity;
  

  Consideration 4

  Extract:

  [T]he Tribunal [...] accepted that the complainants did have a cause of action in challenging the ban on gainful activities or employment, even though that ban would not have forced them to abandon activities or employment that they were actually performing.
  [...]
  Referring to its case law on determining whether a cause of action exists, the Tribunal recalled in that judgment that “there may be a cause of action even if there is no present injury: time may go by before the impugned decision causes actual injury. The necessary, yet sufficient, condition of a cause of action is a reasonable presumption that the decision will bring injury” (see Judgments 1712, consideration 10, 2632, consideration 10, and 3337, consideration 7). Thus, in that case, since the ban on the performance of gainful activities or employment by the former employees concerned changed their previous situation in a manner detrimental to their interests and had the effect of requiring them to refrain from undertaking such activities or employment in the future, the decision adversely affected them, even though the actual injury deriving from the implementation of the ban was, in their case, purely hypothetical.
  

  Reference(s)

  ILOAT Judgment(s): 1712, 2632, 3337
  

  Keywords:

  cause of action; outside activity;
  

  
  
  

• 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:

  complaint dismissed; 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; complaint allowed; 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; 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 service principles; interpretation; judicial review; limits; official; 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 of employment;
  

  
  
  

• 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; official; 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; official; 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 of employment;
  

  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:

  conduct; contract; 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 of employment;