Good faith (193,-666)
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Keywords: Good faith
Total judgments found: 201
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Judgment 2598
102nd Session, 2007
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
"Having studied the submissions the Tribunal notes that, in the internal appeal he filed on 30 September [...], the complainant expressly reserved the right to set out his position on the receivability of his appeal in the light of any explanations the Administration might supply in support of its reply; that in that reply the Organization dealt at length with the receivability of the internal appeal; that in his letter of 20 October [...] the complainant asked to be allowed to submit a rejoinder to the Organization's reply and to have the said reply, which was in English, translated into French to enable him to 'actually find out what it said'; and that the Appeal Board wrote its report four days after this request on which it had not acted.
In view of the [...] circumstances the Tribunal considers that, as the receivability of the appeal was disputed in the Organization's reply, respect for the principle of due process and the right to be heard required that the complainant be afforded an opportunity to present his point of view.
The Tribunal holds that, although the Appeal Board was not obliged to accede to the complainant's request concerning translation of the Organization's reply, it ought to have informed the complainant so that he could, by his own means, 'actually find out' what the reply said and, if necessary, submit a rejoinder within a reasonable period of time, as he wished to do.
The Tribunal considers that, as a result, the failure to observe the principle of due process deprived the complainant of his right to be heard on the essential issue of the receivability of his appeal."
Keywords:
adversarial proceedings; decision quashed; duty to inform; good faith; internal appeal; internal appeals body; language of rule; organisation's duties; receivability of the complaint; rejoinder; reply; report; right to be heard;
Judgment 2584
102nd Session, 2007
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The Organization contends that the complainant had until 22 September 2003 to submit his notice of appeal. As it was submitted on 2 October, UNESCO considers that it was filed outside the time limit set down in the Statutes of the Appeals Board. The Tribunal notes that a memorandum of 5 September 2003 informed the complainant that the administration would contact him with a view to reaching an amicable settlement. "If an organisation invites settlement discussions or, even, participates in discussions of that kind, its duty of good faith requires that, unless it expressly states otherwise, it is bound to treat those discussions as extending the time for the taking of any further step. That is because settlement discussions must proceed on the basis that no further step will be necessary. Where, as here, there has been no actual decision but the Organization has invited settlement discussions, the duty of good faith requires it to treat the time for taking a further step as running from the termination of those discussions and not from some earlier date identifiable as the date of an implied negative decision. That is because the invitation necessarily implies that, no matter what the Staff Regulations or Staff Rules provide, no final decision has been or will be taken during the course of discussions."
Keywords:
absence of final decision; breach; consequence; date; decision; exception; extension of contract; good faith; implied decision; internal appeal; internal appeals body; new time limit; organisation's duties; participation; procedure before the tribunal; proposal; provision; purpose; settlement out of court; staff regulations and rules; start of time limit; time limit; written rule;
Judgment 2567
101st Session, 2006
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"[W]here a doubt arises regarding the meaning which should reasonably be given to the clause of a contract, according to the principle of good faith the clause should be interpreted to the detriment of the party which drafted the contract."
Keywords:
contract; general principle; good faith; intention of parties; interpretation; provision;
Judgment 2540
101st Session, 2006
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 30
Extract:
"It was said in Judgment 442 that:
«As a rule an official's comments on his subordinates do not give them any right to compensation; otherwise supervisors would express only guarded opinions about their subordinates, and that would be harmful to the organisation's efficiency. The most that can be said is that when a supervisor expresses an opinion which he knows to be untrue for a purely malicious purpose he, or the organisation, will be liable.»
To that should be added the rider that the duty to act in good faith and, also, the duty to respect the dignity of a subordinate require that the subordinate be given an opportunity to answer any criticism made and that his or her answers or explanations be fairly considered."
Reference(s)
ILOAT Judgment(s): 442
Keywords:
allowance; consequence; difference; equity; general principle; good faith; injury; liability; mistake of fact; organisation; organisation's duties; purpose; respect for dignity; right; right to reply; supervisor; work appraisal;
Judgment 2524
100th Session, 2006
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 31
Extract:
To advance serious allegations that have not been properly investigated against an official before a body that must issue a decision or recommendation concerning that official amounts to "serious failure of due process and want of fairness and good faith".
Keywords:
advisory body; advisory opinion; breach; decision; due process; equity; good faith; internal appeals body; organisation's duties; respect for dignity; right to reply;
Consideration 25
Extract:
"There were [...] fundamental errors of law in the approach of the [Joint Appeals] Panel. It proceeded on the basis that it was necessary to establish an intention to 'intimidate, insult, harass, abuse, discriminate or humiliate a colleague' and concluded that there must be 'bad faith or prejudice or other malicious intent' before that intention could be inferred. That is not correct. Harassment and mobbing do not require any such intent. However, behaviour will not be characterised as harassment or mobbing if there is a reasonable explanation for the conduct in question. (See Judgment 2370, under 17.) On the other hand, an explanation which is prima facie reasonable may be rejected if there is evidence of ill will or prejudice or if the behaviour in question is disproportionate to the matter which is said to have prompted the course taken."
Reference(s)
ILOAT Judgment(s): 2370
Keywords:
bias; criteria; evidence; good faith; harassment; moral injury; organisation's duties; respect for dignity;
Judgment 2515
100th Session, 2006
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
An international organisation cannot depart from its "obligation to inform staff members of the aspects of their performance or conduct that are said to be unsatisfactory and to provide them with an opportunity to remedy the situation". Failing that, any decision based on such grounds (such as, for example, refusal to grant a salary increment) would be considered as "not taken in good faith".
Keywords:
conduct; consequence; decision; duty to inform; good faith; grounds; increase; organisation's duties; refusal; step; subsidiary; unsatisfactory service;
Judgment 2475
99th Session, 2005
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"[T]he obligations of an employer to act in good faith and to respect the dignity of its employees determine what is permissible. In particular, these considerations require that an investigation be conducted in a manner designed to ascertain all relevant facts without compromising the good name of the employee and that the employee be given an opportunity to test the evidence put against him or her and to answer the charge made."
Keywords:
appraisal of evidence; condition; good faith; inquiry; investigation; official; organisation's duties; respect for dignity; right to reply;
Judgment 2474
99th Session, 2005
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
The Director-General’s decision to cancel the competition and to vacate the post to which the complainant was appointed must stand only because the requirement of experience at the international level is to be interpreted in the manner indicated above. Clearly, as is indicated in the Organization’s reply on the first complaint, different people took different views as to that requirement which, standing alone, lacked precise meaning. The failure to take timely steps to clarify the meaning of that requirement, to specify in what manner the complainant lacked the requisite experience, to provide documents and information in regard to the decision or to follow the procedures in relation to the provision of those documents and information, demonstrates a serious disregard for the complainant’s dignity and a failure to act in good faith towards him. Accordingly, he is entitled to moral damages as claimed in the first complaint. The Organization’s suggestion that that claim for moral damages is irreceivable because it was made neither when the complainant sought further information and reconsideration of the decision on 15 April 2003 nor when he lodged his grievance with respect to the decision on 28 October of that year must be rejected. The claim was made at the first real opportunity, namely, when the first complaint was filed with the Tribunal in September 2003. Moral damages should be assessed at 30,000 Swiss francs.
Keywords:
good faith; moral injury; respect for dignity; selection procedure;
Judgment 2458
99th Session, 2005
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3 and 7
Extract:
In Judgment 2189 the Tribunal ordered the Organization to "appoint a medical board without delay". The complainant filed an application for execution of that judgment. "Once again, the complainant attempts to bypass the internal remedies, and have her internal appeal, which has been pending for over ten years, heard by the Tribunal on its merits. To do so, she would have to persuade the Tribunal that the failure of the medical board to take up and report on her claim and thereby allow her internal appeal to proceed was due to the wilful fault or neglect of UNIDO. [But] it is clear that [...] by July 2003, the necessary preliminary steps to set up the medical board had been taken and that the delays which took place after that time were largely due to the complainant herself. [...]
The obligation imposed on the Organization by Judgment 2189 to establish a medical board without delay is not wholly a one-way street. The complainant owes a duty of good faith and in the circumstances this includes not only the duty not to impede or prevent the medical board's functioning [...] but also the duty actively to collaborate with the board and to allow it to undertake its duties effectively. If the complainant had reservations about the terms of reference of the board she no doubt had the right to make them known as she did, but she could not insist on them as non-negotiable conditions precedent to the board carrying out its inquiry."
Reference(s)
ILOAT Judgment(s): 2189
Keywords:
application for execution; delay; execution of judgment; good faith; internal appeal; medical board; order; procedure before the tribunal; request by a party; staff member's duties; time limit;
Judgment 2424
98th Session, 2005
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"In accordance with its case law (see Judgment 941 in particular), the Tribunal considers that the defendant may not plead its own failure to act with regard to the complainant, who had good reason to infer that her internal complaint was still under review since she had been informed [...] that the Joint Committee for Disputes had reached an opinion of which she would soon be informed."
Reference(s)
ILOAT Judgment(s): 941
Keywords:
case law; good faith; internal appeal; internal appeals body; organisation's duties; reasonable time; receivability of the complaint; report; time limit;
Judgment 2414
98th Session, 2005
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
"In Judgment 2170 the Tribunal described the requirement of Staff Rule 12.1.5 that an annual performance report be established prior to the scheduled date of a salary increment as 'a formal one' which had to be complied with. It is important to explain why that was so. A staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service so that steps can be taken to remedy the situation. Moreover, he or she is entitled to have objectives set in advance so that he or she will know the yardstick by which future performance will be assessed. These are fundamental aspects of the duty of an international organisation to act in good faith towards its staff members and to respect their dignity. That is why it was said in Judgment 2170 that an organisation must 'conduct its affairs in a way that allows its employees to rely on the fact that [its rules] will be followed'."
Reference(s)
Organization rules reference: Staff Rule 12.1.5 of the ITU
ILOAT Judgment(s): 2170
Keywords:
criteria; due process; duty to inform; good faith; increase; increment; interpretation; organisation's duties; output; patere legem; performance evaluation; performance report; respect for dignity; salary; staff regulations and rules; time limit; unsatisfactory service; work appraisal;
Judgment 2408
98th Session, 2005
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
"[T]he decision not to renew her contract was not taken in implementation of the staff turnover policy [but] to rid the OPCW of the serious personal and professional conflict that existed between two senior members of the Secretariat and to avoid the necessity of taking steps to resolve that conflict. That was an improper purpose and to take a decision for that reason under cover of implementation of the staff turnover policy is both an abuse of authority and an act which demonstrates want of good faith."
Keywords:
abuse of power; contract; decision; good faith; grounds; misuse of authority; non-renewal of contract; organisation's duties; purpose; working relations;
Judgment 2363
97th Session, 2004
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant's application for a post was unsuccessful. "While the complainant is undoubtedly technically qualified for the coveted post, and was found to be so in the two competitions in which she was unsuccessful, she was also, in both cases, found by two separate Selection Committees not to be the most qualified. Although the complainant clearly has a high view of her own merits, the fact that that view is not universally shared by others, whose honesty and good faith the complainant has not been successful in impugning, does not mean that the complainant has been unfairly treated or that she has been denied a promotion which should rightfully have been hers."
Keywords:
advisory opinion; breach; candidate; competence; competition; difference; equal treatment; good faith; lack of evidence; post; promotion; qualifications; refusal; right; selection board;
Judgment 2345
97th Session, 2004
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1(c)
Extract:
"[A]n organisation, as part of its duty of care for its staff, is expected to help any staff member who is mistaken in the exercise of a right, if such help will enable the staff member to take useful action. If it is not too late, the organisation should also provide the staff member with procedural guidance.
In this case, [...] the Organization should have realised that the complainant was mistaken and that he did not need to wait for an authorisation before filing a complaint with the Tribunal. It had enough time to point out to him that his complaint against the Director-General's decision [...] should be filed directly with the Tribunal within ninety days after the notification of the decision.
As the complainant was not given that guidance, he failed to act in time and the complaint should be declared irreceivable. Such a ruling would not, however, be compatible with the requirements of good faith which the parties and the Tribunal must observe."
Keywords:
complaint; date of notification; direct appeal to tribunal; duty of care; duty to inform; good faith; internal appeal; organisation's duties; receivability of the complaint; right of appeal; staff member's duties; time bar; time limit; tribunal;
Judgment 2337
97th Session, 2004
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The case law cited [by the complainant] refers to the situation of a staff member who, failing any indication to the contrary, can rely on the continuation of his contractual relations (either not terminated or renewed), since according to the rules of good faith the Organization should warn the staff member if it considers his performance unsatisfactory in order to give him a chance to improve. The situation is different if an organisation [...] restricts the number of fixed term contracts a staff member may be given and lays down specific conditions for the award of an indefinite contract. In this case, the staff member cannot sit back and wait for his contract to be turned into an indefinite contract, since he will be expected to meet stricter requirements. Of course, the Organization is not on that account relieved of its duty of care towards the staff member, and, in accordance with the rules of good faith, it must warn him either if it is convinced that he is simply incapable of performing the duties attached to an indefinite contract, or if it believes that, in order to perform them the staff member must improve the quality of his work still further. This is an obligation the Organization must fulfil particularly in the context of periodic performance appraisals."
Keywords:
case law; condition; contract; duty to inform; fixed-term; good faith; legitimate expectation; organisation's duties; performance report; permanent appointment; satisfactory service; successive contracts; unsatisfactory service; work appraisal;
Judgment 2325
97th Session, 2004
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"[T]he delay of some 15 months between the selection of the successful candidate and the notification to the complainant thereof was unreasonably long. The Agency's argument to the effect that the complainant was implicitly aware of his non-selection because he knew that someone else had been placed on the post is not acceptable. It had the duty to inform the complainant in a timely manner of his non-appointment. The Agency has failed in its obligation to deal with the complainant in good faith and, while such failure can in no way affect the validity of the selection process itself, it does entitle the complainant to a nominal award of moral damages which the Tribunal fixes at 500 euros."
Keywords:
administrative delay; candidate; competition; duty to inform; good faith; moral injury; reasonable time; time limit;
Judgment 2304
96th Session, 2004
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
In its Judgment 2246, the Tribunal ordered the Organization to provide the complainant within 30 days of notification of the judgment with part of the documents supplied to the Tribunal pursuant to Judgment 2192. The complainant points out that the Organization failed to do so within the time limit. "The Tribunal finds that the delay in supplying the documents cannot be attributed solely to the Organization. Prior to the expiry of the prescribed time limit, the latter [...] had written to the complainant asking him to undertake not to divulge the requested documents to third parties. Rather than reply to that letter, the complainant filed an application for execution with the Tribunal, whereas he ought to have shown good faith by replying to the defendant's request."
Reference(s)
ILOAT Judgment(s): 2192, 2246
Keywords:
application for execution; communication to third party; confidential evidence; date of notification; delay; direct appeal to tribunal; execution of judgment; good faith; iloat; judgment of the tribunal; liability; organisation; request by a party; staff member's duties; time limit;
Judgment 2293
96th Session, 2004
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11-12
Extract:
"While there is no doubt whatever that the Organisation owes a duty of good faith to its staff - '[r]elations between an organisation and its staff must be governed by good faith' (see Judgment 2116) - bad faith must be proved and is never presumed. [...] Although to act in bad faith is always to mismanage, the reverse is not the case and honest mistakes or even sheer stupidity will not, without more, be enough. Bad faith requires an element of malice, ill will, improper motive, fraud or similar dishonest purpose."
Reference(s)
ILOAT Judgment(s): 2116
Keywords:
burden of proof; decision; evidence; good faith; lack of evidence; misconduct; organisation's duties; staff member's duties; working relations;
Judgment 2290
96th Session, 2004
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In case of doubt [on the meaning which may reasonably be given to the clause of a contract], it is accepted that, in accordance with the principle of good faith, ambiguous clauses should be interpreted to the detriment of the party which drafted the contract."
Keywords:
benefit of doubt; contract; good faith; interpretation; law of contract; provision; written rule;
Judgment 2223
95th Session, 2003
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The fact that the Director-General [did not initiate] the appeal procedure invalidates the defendant's argument that internal remedies were not exhausted, although they should have been as required by article vii of the Tribunal's Statute. While it is regrettable that the case was never brought before the Joint Advisory Appeals Board, this does not prevent the Tribunal from ruling on the merits of the complaint, which has been filed within the applicable rules."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
competence of tribunal; consequence; executive head; formal requirements; good faith; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; organisation; organisation's duties; procedure before the tribunal; receivability of the complaint; refusal; staff member's duties;
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