Judgment No. 66
Decision
THE COMPLAINT IS DISMISSED.
Consideration 5
Extract:
Owing to illness, the complainant took no part in the drafting of the text. His contribution was limited to supplying documents which were used by the authors to study one of the aspects of the general problem which they were invited to consider. In these circumstances, "whatever the undisputed scientific value of the complainant's work and its usefulness for the substance and presentation of part of the paper, the complainant cannot be regarded as co-author of the said paper."
Keywords
proprietary rights; condition
Consideration 2
Extract:
The production of monthly reports by the complainant, the contents of which are not disputed, would serve no useful purpose. "On the other hand, the Tribunal requested the organization to produce the general reports submitted by the complainant" and a paper prepared by two other persons. The complainant "was invited to view and identify these documents before the registrar and in the presence of the agent of the organization."
Keywords
tribunal; disclosure of evidence; publication; request by a party
Consideration 3
Extract:
"An official of an international organisation has no rights whatsoever in the results of such work as he performs and such studies as he carries out on behalf of the organisation within the scope of his duties, at the request of his supervisors, during hours of work and with the means provided by the administration. In particular, where the organisation decides to publish the work and studies he has conducted [...] the official is not entitled to require that they be published under his name."
Keywords
terms of appointment; proprietary rights; condition; publication
Consideration 1
Extract:
While "the complainant does not rely on any specific provision of the Staff Regulations and Rules, which do not specifically refer to the matter in issue, his submissions, aimed at securing recognition of rights to which he lays claim by virtue of his position as an international civil servant and relying on a violation of these rights, appertain exclusively to his statutory position in regard to the organization. Hence the complaint is amongst those which it falls to the Administrative Tribunal to entertain by virtue of Article II, paragraph 5, [of the Statute of the Tribunal]."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords
competence of tribunal; no provision; proprietary rights
Consideration 3
Extract:
An international civil servant is not entitled to require that the publication of work carried out within the scope of his duties be done under his name. "However, where the organisation decides of its own volition that the publication shall bear the name of its authors, the organisation is bound to respect the principle of equality as between officials in the same position and, consequently, to mention the name of all those who can claim authorship."
Keywords
equal treatment; proprietary rights; publication
| 
