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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 757


    59th Session, 1986
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant was found guilty of gross negligence in the performance of his duties. the organisation confiscated the equivalent of two months' salary. the tribunal holds that such a decision constitutes a disciplinary sanction, not a measure to allow of compensation. only such disciplinary action may be taken which is specifically set out in the applicable provisions. whereas such a sanction is not provided for, the decision to impose it must be quashed.

    Keywords:

    complainant; complaint allowed; decision quashed; disciplinary measure; hidden disciplinary measure; negligence; no provision; organisation; refund; request by a party; salary;



  • Judgment 732


    58th Session, 1986
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    the complaint "would succeed only if the complainant had suffered injury and established a sufficient causal link between the organization's act and the injury. the conditions are not fulfilled. first, the injury to the complainant's credit is not proven. [...] secondly, there is no sufficient causal link between the organization's act and the alleged injury."

    Keywords:

    cause; injury; lack of evidence; material injury; moral injury; organisation;



  • Judgment 730


    58th Session, 1986
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "in the present case the tribunal, having found that in all the circumstances the complainant exercised due diligence in the pursuit of his remedies and consequently that his failure to file a complaint within the prescribed period was caused solely by the organization's breach of obligation to render the necessary assistance, concludes that the delay does not render the complaint irreceivable."

    Keywords:

    administrative delay; complaint; exception; negligence; organisation; organisation's duties; procedure; receivability of the complaint; time bar;



  • Judgment 728


    58th Session, 1986
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "unesco, which has been informed of the withdrawal, alleges that the complainant has acted for purely tactical reasons in filing a complaint he described as urgent and then withdrawing it. it asks the tribunal not to record the withdrawal but to hear the complaint and declare it irreceivable. when a complainant withdraws suit the tribunal will not look into his reasons for surrendering his claims."

    Keywords:

    competence of tribunal; organisation; refusal; withdrawal of suit;



  • Judgment 721


    58th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "the defendant has the duty to enable the court to give a full ruling on the case before it. [...] the epo was bound to address properly the issues of fact and of law raised by the complainant. since it has not the tribunal will accept the complainant's allegations of fact".

    Keywords:

    consequence; organisation; organisation's duties; reply; submissions;



  • Judgment 706


    57th Session, 1985
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    In Judgment 607 the Tribunal decided that the complainant had the right to a medical leave as of 1 April 1981 and sent him back to the organization for it to set, after a medical inquiry, the duration of the leave. "The Tribunal concludes that, contrary to its own wishes and to the Director-General's instructions, the organization made a decision without consulting the complainant and refused to discuss questions of fact. To settle the matter once and for all the Tribunal will increase the period of leave from six to nine months, i.e. from 1 April to 31 December 1981."

    Reference(s)

    ILOAT Judgment(s): 607

    Keywords:

    case sent back to organisation; execution of judgment; judgment of the tribunal; organisation; refusal; sick leave; tribunal;



  • Judgment 652


    55th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    when the case was referred to the medical adviser, all she did was to telephone [the complainant's] doctor. in the course of their conversation [the doctor] consented to change the earlier certificate and declare that [by a specified date] the complainant was again fit for work. [...] such confabulation between professional colleagues is not in itself objectionable. it would no doubt have been more satisfactory if the two doctors had first carried out a clinical examination. [...] their approach undoubtedly made it harder to establish the facts, and for that the complainant - whom they could have asked to undergo an examination -is not to blame. the burden of proof is therefore on the [organisation]."

    Keywords:

    burden of proof; complaint allowed; decision quashed; medical certificate; medical consultant; medical examination; medical fitness; medical opinion; organisation; refusal; sick leave;

    Consideration 5

    Extract:

    "the mere production of a certificate from a doctor of the official's own choosing does not confer entitlement to sick leave. the organisation may always challenge the certificate on the strength of the opinion of a practitioner it has itself designated".

    Keywords:

    medical certificate; medical consultant; medical opinion; organisation; right; sick leave;



  • Judgment 641


    54th Session, 1984
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "the complainant's case is that the [organization] was to blame for her husband's death. the plea will succeed only if the tribunal finds a causal link in the legal sense, that is to say, some fairly definite connection between the cause and the effect. the medical board's findings provide the evidence on which the tribunal may found its decision in this case."

    Keywords:

    cause; death; liability; medical board; organisation; report;

    Consideration 7

    Extract:

    for health reasons the official's workload was supposed to be reduced. in reality, he made up for sick leave of two afternoons a week by working two mornings a week overtime. "such an arrangement was obviously improper. [...] it is quite wrong for an employer [...] to allow such arrangements with a staff member whom it recognises as being on sick leave yet who, from a sense of professional responsibility or for some other reason, volunteers to do more work than he is authorised to do. the [organization] was therefore at fault and the question of its liability does arise."

    Keywords:

    compensatory measure; flaw; health reasons; liability; organisation; overtime; part-time employment; sick leave;



  • Judgment 635


    54th Session, 1984
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    the complainant denies that she was ever in gross breach of the duty of discretion. she claims never to have been in touch with journalists neither herself nor through anyone else. "she can go no further than that since it is impossible to adduce evidence to rebut the charge. her statement that she did not commit the misconduct she is charged with shifts the burden of proof to the organization. the tribunal will not require absolute proof, which is almost impossible to provide on such a matter." a set of precise and concurring presumptions would be sufficient.

    Keywords:

    burden of proof; duty of discretion; evidence; misconduct; organisation; presumption; serious misconduct;



  • Judgment 630


    54th Session, 1984
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The complainant was inconsiderately left idle. The organisation ought to have done its utmost to set the situation right. "The Tribunal holds that the ilo caused serious injury to the complainant's feelings and reputation and was in breach of its obligations. It shall pay her compensation for moral injury. Inasmuch as it finds the ILO at fault the present judgment itself affords a remedy, but she is also entitled to damages for the serious prejudice she has suffered [...]."

    Keywords:

    allowance; breach; compensation; complaint allowed; complaint allowed in part; misconduct; moral damages; moral injury; organisation; organisation's duties; professional injury; refusal to assign work;



  • Judgment 627


    54th Session, 1984
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "as a general principle copyright in respect of work carried out on behalf of the employer within the scope of the official's duties at the request of his supervisors, during working hours and with the means provided by the employer vests in the employer."

    Keywords:

    organisation; proprietary rights;



  • Judgment 617


    53rd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "nor is the [organisation] liable for a direct and inevitable consequence of the protocol and the agreement. the complainant may not have been aware of what the texts said [...] but the administration cannot on that account be held liable for failing to give him express warning of his tax liability. it is obvious that tax liability depends not on warnings or information from the personnel office but on the [organisation's] official agreements with states."

    Keywords:

    duty to inform; headquarters agreement; organisation; privileges and immunities;



  • Judgment 616


    53rd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "any concerted work stoppage amounts to a strike. labour law does acknowledge other forms of collective stoppage, brought about by the employer. in a dispute with staff the employer may, for example, close down the workplace in a lockout or declare compulsory unemployment for a short while to get through a spell of financial stringency. but such tactics are unknown in international organisations."

    Keywords:

    lockout; organisation;



  • Judgment 611


    53rd Session, 1984
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    the organization "do not deny they made changes of form and substance [to the text of the complainant's report] without his approval. but they were fully entitled by virtue of their rights under [the applicable rule] to endorse or reject his draft: they were under no duty either to seek comments from him or to act on any he made."

    Keywords:

    amendment to the rules; organisation; publication; right;

    Consideration 6

    Extract:

    "in two of its judgments the tribunal has already ruled on a text a kin to [the rule in question, which prescribes the organization's rights in work produced by its staff] and upheld it as valid. the precedents bear out unesco's interpretation of that rule. [furthermore], fairly similar provisions are to be found in legislation in several countries. accordingly, even if the rule does not reflect any universally acknowledged concept it must be given some weight."

    Keywords:

    case law; domestic law; organisation; proprietary rights; publication;

    Summary

    Extract:

    copyright in that portion of the technical report written by the complainant during his free time and containing data from outside his official area of knowledge is wholly vested in the organization. the provision on which the organization relies is a staff rule applicable even though not based on any provision of the staff regulations; whenever the report was drafted and whatever its content, it is part of the complainant's professional duties and its nature remains the same; the organization had discretion to alter the complainant's draft, as they were free to publish the report at all.

    Keywords:

    organisation; proprietary rights; publication; right;



  • Judgment 595


    51st Session, 1983
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    during the proceedings, the organization invited the tribunal to lift the obligation of professional secrecy to allow the tribunal access to the complainant's medical file. the complainant declined to allow this and by order of the tribunal, the application was rejected on the grounds that only a patient might release his physician from professional secrecy. after the exchange of briefs, the complainant expressed agreement with his medical file being made available to the tribunal. the tribunal disallowed the reopening of proceedings for the file to be submitted. the complainant's own attitude is responsible for no evidence of the temporary nature of his illness having been presented.

    Keywords:

    complainant; confidential evidence; disclosure of evidence; medical records; organisation; refusal; request by a party;

    Consideration 4

    Extract:

    the evidence does not reveal whether reassignment possibilities were explored by the organization as required by staff rules. "only the employer may provide such evidence. [...] but the reason why the point remains obscure is that the complainant will not allow the tribunal access to the whole file." the original decision to terminate the appointment made mention of no special reasons for it, nor were any required. there is no formal defect.

    Keywords:

    burden of proof; organisation; reassignment; termination;



  • Judgment 569


    51st Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The expert's fee [...] has been paid by the International Labour Organization. Since the expert's inquiry was a step in assessing the amount of the compensation for which the defendant organization is liable, the cost of the inquiry must be borne by the organization." It will reimburse the ILO with the amount in question.

    Reference(s)

    ILOAT Judgment(s): 480

    Keywords:

    application for execution; cost of expert inquiry; organisation; payment;



  • Judgment 543


    50th Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "there is an allegation of bad faith based on the fact that the organization did nothing to facilitate the complainant's return to it. the allegation fails. in view of the complainant's attitude the only way in which the organization could have facilitated her return would have been by conceding to her the right to veto the place of work assigned to her. to refuse to make such a concession is not bad faith."

    Keywords:

    assignment; execution of judgment; good faith; judgment of the tribunal; organisation; reinstatement;



  • Judgment 528


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

    Consideration 4

    Extract:

    "it is for the employer to make proper arrangements for a comprehensive check-up of the applicant for employment. to expect him to prove that he is in perfect health would be to require him to disprove the existence of any impairment, and that is simply not feasible. [...] the burden is [however] on [the complainant] to satisfy the tribunal with positive proof, that his impairment was service-incurred."

    Keywords:

    appointment; burden of proof; complainant; illness; medical examination; medical fitness; organisation; service-incurred;



  • Judgment 522


    49th Session, 1982
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    for having failed to indicate before the appeals board that the internal appeal against a decision dating from 11 december 1980 was out of time [the organization had argued on the basis of a letter of 22 november 1978 which cannot, according to the tribunal, be regarded as a decision.], the organization cannot to any useful purpose put the argument before the tribunal. the argument is neither clear nor binding. it is unclear why the organization did not take the point during the internal appeal. in failing to do so, it may have prejudiced the complainant's position.

    Keywords:

    internal appeal; new plea; organisation; receivability of the complaint; reply; time bar;

    Consideration 18

    Extract:

    "while it is generally to be expected that an organisation will lay its whole case on the merits before the appeals board so as to enable that body to give the best an most complete advice to the director-general, its omission to take a particular point will not as a general rule prevent the consideration of that point by the tribunal. this is because it is the duty of the tribunal to arrive insofar as it can at a just decision on all the merits."

    Keywords:

    new plea; organisation; receivability of the complaint; reply;



  • Judgment 465


    47th Session, 1982
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The organisation's offer to convert the complainant's fixed-term contract into a contract without limit of time was not arbitrary. It was evidence of the organisation's view "that it need no longer reconsider at regular intervals whether or not to employ him" and evidence therefore of its confidence in him. "Had he accepted [the organisation's] offer it could have got rid of him only if he had committed a disciplinary offence. He would have enjoyed greater employment stability and yet would still have had the right to terminate the contract at any time. His obligations [...] would [...] have been no greater."

    Keywords:

    amendment to the rules; complainant; contract; fixed-term; offer; organisation; permanent; refusal; security of tenure;

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Last updated: 19.11.2019 ^ top