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Organisation (71, 73, 74, 673,-666)

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Keywords: Organisation
Total judgments found: 212

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  • Judgment 263


    35th Session, 1975
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    in refusing to promote officials who had resigned the director-general did not draw any clearly mistaken conclusion from the situation of such officials. promotion may have two consequences: either a salary increase with new duties and greater responsibilities; or salary increase alone. "in the former case promotion would serve no purpose: the official who had resigned would remain for too short a time in the higher grade to which he had been promoted to perform the duties of the new post. in the latter case the decision not to promote the official is also warranted: ... [the] purpose [of promotion] is not merely to reward the official for past and present performance but also generally to encourage him to remain for a long period in the service of his employer."

    Keywords:

    consequence; organisation; promotion; purpose; refusal; resignation; separation from service;



  • Judgment 261


    35th Session, 1975
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "the complaint does not relate to any non-observance by the organization of the complainant's terms of appointment and consequently this claim falls outside the tribunal's jurisdiction. it is therefore unnecessary to consider whether or not it is time-barred."

    Keywords:

    breach; cause of action; claim; competence of tribunal; complaint; consequence; no cause of action; organisation; receivability of the complaint; terms of appointment; time bar;



  • Judgment 256


    34th Session, 1975
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "in certain circumstances information which third parties seek from the organisation about its officials may be used to the prejudice of the latter. hence, in its capacity as an employer bound to safeguard the lawful interests of its staff members insofar as is compatible with its own interests and those of third parties, the organisation is as a rule bound to inform its staff members of requests for information about them before answering such requests, in particular to enable staff members to prevent the injurious effects of using the information divulged."

    Keywords:

    communication to third party; duty to inform; organisation; organisation's duties; personal file;

    Consideration 3

    Extract:

    the organisation, "in its capacity as an employer bound to safeguard the lawful interests of its staff ... is as a rule bound to inform its staff members of requests for information about them..." this is an implicit statutory obligation. "in view of the possible consequences of a breach it is in fact a legal duty and not just a rule of courtesy or expediency."

    Keywords:

    communication to third party; duty to inform; enforcement; organisation; personal file; staff regulations and rules;



  • Judgment 245


    33rd Session, 1974
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "the complainant cannot properly take the [organisation] to task for appointing him without informing him of its general practice of not granting fixed-term appointments of more than five years' duration. it may of course be regrettable that he was not informed at the outset of that restriction, as new staff members ... apparently now are. but since he should have expected his appointment to be terminated ... he cannot found any claim on the omission which he attributes to [the organisation]."

    Keywords:

    contract; contributory service; duration of appointment; duty to inform; fixed-term; forfeiture of benefit; limits; negligence; non-renewal of contract; organisation;



  • Judgment 232


    32nd Session, 1974
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "no general principle of law bars one organisation from communicating to another information on its former employees, provided that such information is materially correct and related to the employees' professional qualifications and is not given with malicious intent."

    Keywords:

    communication to third party; organisation; organisation's duties; other; personal file; work appraisal;



  • Judgment 230


    32nd Session, 1974
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "...the complainant was deprived of full participation both by his own negligence and by an omission on the part of the organization. it is therefore proper to meet the complainant's claims in part by ordering the organization to pay the complainant from the date of his retirement half the amount of the pension to which he would have been entitled as a full participant in the joint staff pension fund."

    Keywords:

    complainant; complaint allowed in part; forfeiture of benefit; negligence; organisation; organisation's duties; participation; pension; unjspf;



  • Judgment 227


    32nd Session, 1974
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    the complainant notified the organization of his intention to resign if he were not appointed to a suitable post. while inviting him to apply for suitable positions in the usual way, the organization said that in the absence of notification to the contrary it accepted his resignation. the complainant confirmed his resignation and thereby "deprived himself of the right to reinstatement in the organization in his former post or in any other."

    Keywords:

    acceptance; complainant; consequence; offer; organisation; resignation; separation from service;

    Considerations

    Extract:

    by submitting his resignation, the complainant deprived himself of the right to reinstatement in the organization. "as it is free from illegality, the decision not to reinstate the complainant does not entitle him to any compensation."

    Keywords:

    judicial review; organisation; refusal; reinstatement; resignation;



  • Judgment 226


    32nd Session, 1974
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    after the period of probation, the complainant was dismissed. "as to the claim for compensation, on which judgment was reserved in judgment no. 194, the tribunal considers that the sum of ... offered by the director-general in his letter of ... is sufficient and therefore decides to award that sum to the complainant."

    Reference(s)

    ILOAT Judgment(s): 194

    Keywords:

    acceptance; amount; offer; organisation; probation; terminal entitlements; termination; tribunal;



  • Judgment 189


    28th Session, 1972
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "whether the complainant did all that [could reasonably be expected of him] to comply with his obligations [under the rule respecting the submission of periodic reports in the event of illness] is open to doubt." the organization had offered to credit the complainant with four days' pay described as "special leave"; the complainant wanted "sick leave pay". the offer was sensible and reasonable and "the making of it left the claim without substance unless it could be said that some question of principle was involved. in the opinion of the tribunal there is no such question."

    Keywords:

    cause of action; illness; lack of injury; no cause of action; offer; organisation; refusal; sick leave; special leave; staff member's duties;



  • Judgment 185


    27th Session, 1971
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    the regional administration failed to reply because it made a reply conditional on a matter unrelated to the request. "the position thus taken up by the administration misled [the complainant] and prevented him from following the procedure laid down [in the staff rules]. there is all the more reason for taking account of his error inasmuch as the ... rules do not mention the general rule of law ... whereby the silence of the administration after a certain period is equivalent to rejection of a claim."

    Keywords:

    complaint; exception; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; negligence; organisation; receivability of the complaint; time bar;



  • Judgment 148


    23rd Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The Medical Board did not find that the complainant was permanently incapacitated for work and did not rule out the possibility that he might be able to resume some kind of work in the future. In these circumstances the organization must retain the right to review the complainant's case from time to time and to adjust the compensation due to him in the light of any changes."

    Keywords:

    disability benefit; incapacity; medical examination; organisation; right;



  • Judgment 133


    21st Session, 1969
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant objects to the organization's failure to disclose certain documents until after the internal appeals procedure was under way. "It has not been established that either of these documents in any way influenced the decision to terminate the complainant's appointment. The alleged delay in producing them did not therefore constitute a violation of his right to be heard."

    Keywords:

    administrative delay; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; organisation; right to reply;



  • Judgment 127


    20th Session, 1968
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant's appointment was terminated and his post abolished. "[T]he organization has an obligation to the complainant because of the fact which was not taken into account, namely the intervention with the [national] authorities by the senior technical adviser, without good reason, in the exercise of his official duties. As a result, the complainant has suffered both material and moral injury [...] taking account of [...] in particular [...] the fact that the organization was in ignorance through no fault of its own, the organization should pay the complainant compensation".

    Keywords:

    abolition of post; consultation; contract; disregard of essential fact; fixed-term; injury; liability; material injury; member state; moral injury; organisation; termination;



  • Judgment 126


    20th Session, 1968
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "[H]aving recognised by decision of 22 March [...] which has become final as a result of this judgment of today's date, the need to transfer complainant to a different post, and having found it impossible to find another post acceptable to her, the Director-General was lawfully entitled to consider, after consulting the persons referred to [in the applicable provision], that the complainant's retention in the service of [the organization] was contrary to the interests of the organization."

    Keywords:

    health reasons; organisation; organisation's interest; refusal; request for transfer; termination;



  • Judgment 125


    20th Session, 1968
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The organization based its conclusions on letters and the contents thereof "as evidence against the complainant". The complainant is accordingly "entitled to see the letters; and it is not enough that he should be provided with extracts or summaries of such parts of the letters as the organization considers to be relevant." The organization has admitted that passages have been omitted relating to extraneous subjects or which the organization considers confidential, the reasons for any such omissions having been given. If the Tribunal decides to examine the omitted passages, "the complete letters will [...] be produced only to the Tribunal itself and will not be shown to the complainant" unless the Tribunal so decides.

    Keywords:

    appraisal of evidence; confidential evidence; disclosure of evidence; interlocutory order; organisation; right to reply;



  • Judgment 124


    20th Session, 1968
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant seeks the rescission of decisions 1) cancelling the loan agreement and 2) deducting sums from his salary until repayment of his debt to the organization. The Tribunal is competent to rule on the second claim for relief. The lawfulness of the second decision depends on the lawfulness of the first. The Director-General accepted the finding of the Appeals Board that it was not competent to consider the appeal concerning cancellation of the loan and dismisses the appeal relating to salary deductions on its merits without going into the first claim. The complainant is referred back for a new decision on all the submissions, after taking account of the opinion of the appeals body.

    Keywords:

    application for quashing; case sent back to organisation; competence of tribunal; debt; decision quashed; deduction; loan; organisation; salary;



  • Judgment 122


    20th Session, 1968
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    The Merits

    Extract:

    "While the Universal Postal Union, which has legal personality, is alone competent to represent the organization as a whole before the Administrative Tribunal, it appears from the provisions governing its internal relations with the language groups set up within the Union that it is the management committees of the respective groups which are responsible for appointing the staff and that the role of the Director-General of the UPU is confined to notifying the persons concerned, on behalf of the management committees, of the decisions taken by them."

    Keywords:

    competence; declaration of recognition; executive head; iloat; limits; organisation;



  • Judgment 101


    17th Session, 1967
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The fact that the organisation authorised publication in a law review by one of its officials of a commentary of purely scientific interest on a public judgment relating to [the complainant] is not open to criticism in any respect."

    Keywords:

    acceptance; organisation; publication; publication of judgment;



  • Judgment 93


    16th Session, 1966
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    In exceptional circumstances the Director-General must be able to dismiss an official whose services are satisfactory in the interest of the organization. "It is for the organization to satisfy the Tribunal that such extraordinary circumstances exist. If the organization satisfies the Tribunal of this, the power arises. It is then for the Director-General to decide whether in these circumstances the interests of the organization require the termination of an officer's appointment and the Tribunal will not interfere with that decision unless [...]".

    Keywords:

    burden of proof; discretion; evidence; judicial review; limits; organisation; organisation's interest; satisfactory service; termination;



  • Judgment 92


    16th Session, 1966
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "In transmitting to the complainant only the recommendations of the report, without the reasons stated therein, the organization ignored the official's right to be heard."

    Keywords:

    disclosure of evidence; grounds; internal appeals body; organisation; refusal; report; right to reply;

    Consideration 5

    Extract:

    The organization transmitted to the complainant the findings of the internal appeals body, to the exclusion of its reasons. "As a result of the production of the full report during the present proceedings the complainant has been able to rely on it to submit any arguments which she considered suitable to support her claim. It follows that, while the right to be heard was ignored, at the administrative proceedings stage, this did not in fact affect the sense of the decision complained of and [...] does not involve the quashing of that decision."

    Keywords:

    case pending; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; organisation; procedural flaw; report; right to reply; tribunal;

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Last updated: 19.09.2019 ^ top