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Outsourcing (648,-666)

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Keywords: Outsourcing
Total judgments found: 8

  • Judgment 4194


    128th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the refusal to consult them concerning the use of external contractors.

    Judgment keywords

    Keywords:

    cause of action; competence of tribunal; outsourcing; staff representative;



  • Judgment 3940


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to abolish his post.

    Consideration 5

    Extract:

    The Tribunal has consistently held that the outsourcing of certain services, that is to say the use by an organisation of external contractors to perform tasks that it feels unable to assign to officials hired under its staff regulations, forms part of the general employment policy that an organisation is free to pursue in accordance with its general interests. The Tribunal is not competent to review the advisability or merits of the adoption of such a measure in a specific field of activity (see Judgments 3275, under 8, 3225, under 6, 3041, under 6, 2972, under 7, 2907, under 13, 2510, under 10, 2156, under 8, and 1131, under 5).

    Reference(s)

    ILOAT Judgment(s): 1131, 2156, 2510, 2907, 2972, 3041, 3225, 3275

    Keywords:

    competence of tribunal; organisation's interest; outsourcing;

    Consideration 6

    Extract:

    In Judgment 3376 [...] the Tribunal recalled that an organisation “that resorts to subcontractors, be they companies or individuals, must ensure that the contract it signs with them will not have an adverse impact on the situation of officials who are subject to the staff regulations and will not unjustifiably infringe the rights they enjoy under those regulations. The risk of such an infringement is particularly great in the case of long-term contractual outsourcing and in cases where the tasks involved are still partly performed concurrently by regular staff (see Judgment 2919 passim). In such cases the duty of care requires the organisation to provide the staff concerned with adequate information concerning the outsourcing procedures and their possible impact on their professional situation and to prevent any possible adverse impact thereon (see Judgments 2519, under 10, 1756, under 10(b), and 1780, under 6(a)).”
    [...]
    The lack of transparency noted by the Appeals Board is corroborated by the evidence on file, which shows that although the complainant contacted his supervisors on numerous occasions, they did not provide him with sufficient information as to the reasons for the outsourcing of the tasks that he performed and the way in which it would be achieved. Moreover, the evidence does not show that the Organization did its utmost to minimise the negative impact of the use of service contracts on the complainant’s status.

    Reference(s)

    ILOAT Judgment(s): 1756, 1780, 2519, 2919, 3376

    Keywords:

    duty of care; duty to inform; outsourcing;

    Judgment keywords

    Keywords:

    abolition of post; fixed-term; outsourcing;



  • Judgment 3615


    121st Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges, in his capacity as a staff representative, the EPO’s practice on outsourcing.

    Judgment keywords

    Keywords:

    outsourcing; staff representative;



  • Judgment 3462


    119th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complaint, clearly irreceivable, is summarily dismissed.

    Judgment keywords

    Keywords:

    cause of action; general decision; locus standi; outsourcing; summary procedure;

    Consideration 3

    Extract:

    "The Tribunal recently had an opportunity to clarify the conditions under which an official can challenge the decision regarding the outsourcing of certain functions. The Tribunal found that it followed from Article II, paragraph 1, of its Statute that an official may challenge before the Tribunal the outsourcing of certain tasks only to the extent that such outsourcing has a direct adverse impact on the rights conferred on the official by her/his terms of appointment (see Judgment 3376, under 3). This condition is clearly not satisfied in the present case as the complainant does not even attempt to explain how the outsourcing in question or the centralization process he challenges before the Tribunal has a direct adverse effect on him or on the rights conferred upon him by his terms of appointment."

    Reference(s)

    ILOAT Judgment(s): 3376

    Keywords:

    general decision; locus standi; outsourcing;



  • Judgment 3460


    119th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the Organisation properly exercised its discretion and it summarily dismissed the complaint.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 2367, 2703

    Keywords:

    cause of action; outsourcing; summary procedure;



  • Judgment 3376


    118th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal dismissed the complaint seeking the opening of an investigation into the lawfulness of the outsourcing of certain services to a private company.

    Judgment keywords

    Keywords:

    outsourcing;

    Considerations 2 and 3

    Extract:

    "The outsourcing of certain services, that is to say the use by an organisation of external contractors to perform tasks that it feels unable to assign to officials hired under its staff regulations, forms part of the general employment policy that an organisation is free to pursue in accordance with its general interests. The Tribunal is not competent to review the advisability or merits of the adoption of such a measure in a specific field of activity (see Judgments 3225, under 6, 3275, under 8, 3041, under 6, 2972, under 7, 2907, under 13, 2510, under 10, 2156, under 8, and 1131, under 5).
    An organisation that resorts to subcontractors, be they companies or individuals, must ensure that the contract it signs with them will not have an adverse impact on the situation of officials who are subject to the staff regulations and will not unjustifiably infringe the rights they enjoy under those regulations. The risk of such an infringement is particularly great in the case of long-term contractual outsourcing and in cases where the tasks involved are still partly performed concurrently by regular staff (see Judgment 2919 passim). In such cases the duty of care requires the organisation to provide the staff concerned with adequate information concerning the outsourcing procedures and their possible impact on their professional situation and to prevent any possible adverse impact thereon (see Judgments 2519, under 10, 1756, under 10(b), and 1780, under 6(a)).
    It follows from the foregoing and from Article II, paragraph 1, of the Statute of the Tribunal that an official may challenge before the Tribunal the outsourcing of certain tasks only to the extent that such outsourcing has a direct adverse impact on the rights conferred by the official’s terms of appointment."

    Reference(s)

    ILOAT Judgment(s): 1131, 1756, 1780, 2156, 2519, 2919, 3041, 3225, 3275

    Keywords:

    duty of care; outsourcing;



  • Judgment 3373


    118th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal stated that the Organisation, after having outsourced a part of the complainant's duties, breached its duty of care because it failed to ensure that the implementation of the arrangement did not place the complainant in financial difficulties.

    Consideration 7

    Extract:

    "The evidence on file shows that the outsourcing of some of the complainant’s duties resulted in a sharp drop in his level of remuneration. He had a legitimate expectation that his remuneration would remain stable."

    Keywords:

    outsourcing; salary;

    Judgment keywords

    Keywords:

    outsourcing;



  • Judgment 3343


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, acting as a staff representative, challenges the Organisation’s direct placement of a contract with an external consulting firm.

    Judgment keywords

    Keywords:

    locus standi; outsourcing; staff representative;


 
Last updated: 19.09.2019 ^ top