ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword > lack of consent

Judgment No. 1221

Decision

1. THE DIRECTOR-GENERAL'S DECISION OF 19 NOVEMBER 1991 SUMMARILY DISMISSING THE COMPLAINANT IS SET ASIDE.
2. UNESCO SHALL PAY THE COMPLAINANT DAMAGES EQUIVALENT TO THE SALARY AND ALLOWANCES SHE WOULD HAVE BEEN PAID FROM 1 JANUARY TO 31 MARCH 1992.
3. IT SHALL PAY HER 10,000 FRENCH FRANCS IN COSTS FOR HER SECOND COMPLAINT.
4. HER FIRST AND THIRD COMPLAINTS AND THE OTHER CLAIMS IN HER SECOND COMPLAINT ARE DISMISSED.

Consideration 1

Extract:

Since the three complaints before the Tribunal "are about the personal status of one official and the disputes arose out of the same facts, [the complainant's] application for joinder is allowed."

Keywords

procedure before the tribunal; complaint; joinder; identical facts; complainant

Consideration 3

Extract:

"It is plain on the evidence that the bureau of personnel told the complainant that the Director-General would be willing to waive the Appeals Board's jurisdiction [under UNESCO Staff Rule 111.2(b)] if she so wished, that she expressly agreed to the suggestion, and that she formally sought and was granted waiver by the Director-General." So the complainant appealed directly to the Tribunal "in full freedom".

Reference(s)

Organization rules reference: UNESCO STAFF RULE 111.2(B)

Keywords

complaint; complainant; receivability of the complaint; direct appeal to tribunal; internal remedies exhausted; lack of consent

Consideration 4

Extract:

Under challenge is a passage from a memorandum which the complainant alleges changed the duties of her post. She seeks the quashing of that text. Such a claim is irreceivable. "A staff member may challenge a text only if it amounts to a decision and affects him adversely. [...] The fact of the matter is that no decision was taken and her claim to the striking out of the [text] cannot be entertained."

Keywords

claim; absence of final decision; receivability of the complaint; cause of action; condition

Consideration 4

Extract:

The complainant seeks the redefinition of her duties and, subsidiarily, transfer or secondment. "The administration never forced the complainant to perform duties other than those in the description of her post. It is bound neither to amend the duties of staff to suit their own wishes nor [...] to grant their applications for transfer, provided that its decisions are not prompted by considerations irrelevant to its own interests."

Keywords

organisation's duties; amendment to the rules; assignment; secondment; request for transfer; post description; post; discretion; organisation's interest; request by a party

Consideration 5

Extract:

The complainant seeks the quashing of an unfavourable assessment of her performance. "The assessment of her shows neither any mistake nor abuse of authority. [...] Since she has shown no significant mistake in [her generally negative] assessment and since the Tribunal exercises only a limited power of review over administrative decisions of that kind, her claims under this head must fail."

Keywords

report; performance report; rating; judicial review; mistake of fact; misuse of authority

Consideration 6

Extract:

The complainant seeks the quashing of her summary dismissal for serious misconduct. Under the circumstances UNESCO Staff Regulation 10.2 lays no duty on the Director-General to put the matter to the Joint Disciplinary Committee. But that does not mean that the staff must "forfeit all the safeguards of the international civil service when they are to incur disciplinary sanctions. One such safeguard is their right to plead their case. The authority competent to impose the sanction has a duty to warn the staff member in clear terms of the intention of doing so and invite an answer whatever charges may lie."

Reference(s)

Organization rules reference: UNESCO STAFF REGULATION 10.2

Keywords

decision; right to reply; international civil service principles; organisation's duties; duty to inform; serious misconduct; summary dismissal

Consideration 7

Extract:

"The complainant's appointment expired on 31 March 1992 and there was no reason why the organization should renew it. In the light of all the material circumstances, including her behaviour, the Tribunal disallows her claim to reinstatement."

Keywords

complainant; tribunal; contract; reinstatement; fixed-term; non-renewal of contract; conduct; refusal; request by a party



 
Last updated: 19.08.2020 ^ top