Judgment No. 805
Decision
THE COMPLAINTS AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.
Consideration 18
Extract:
"It is beyond question that like any national civil service an international organisation has the right and indeed the duty, when its staff goes on strike, to take action to ensure its survival and the continuance of its work."
Keywords
organisation's duties; right to strike; continuance of operations; strike
Summary
Extract:
While acknowledging the complainants' right to strike, the Tribunal concludes that the organisation did not in this case exceed the proper scope of its authority. the number of staff ordered to work was relatively low with respect to the total number of staff members in the Office.
Keywords
right to strike; requisition; strike; misuse of authority; abuse of power
Consideration 18
Extract:
"An international organisation has the right [...] when its staff goes on strike [...] among other things [to] order staff to perform their duties. Provided it respects the principle of proportionality such order will not upset the proper balance between the parties' rights and duties in the event of a collective dispute."
Keywords
proportionality; right to strike; requisition; strike
Consideration 11
Extract:
"Delegation is the normal method of exercising authority within an organisation, and the competence of the head of personnel, who expressly mentioned the higher authority from whom he derived it, is unchallengeable."
Keywords
decision; competence; right to strike; requisition; strike; decision-maker; delegated authority
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