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Independence (194, 195, 196,-666)

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Keywords: Independence
Total judgments found: 31

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  • Judgment 1249


    74th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The impugned decision [not to renew the complainant's appointment] was warranted neither by the WHO's concern for the purported interests of the country of the complainant's nationality nor by its desire to keep on good terms and work effectively with its membership. Relations with a member state may be good without the Organization's allowing any of its Member States the right to interfere in the area of personnel management."

    Keywords:

    complainant; complaint allowed; complaint allowed in part; contract; decision; decision quashed; fixed-term; independence; international civil service principles; member state; nationality; non-renewal of contract; organisation; place of origin;

    Consideration 4

    Extract:

    WHO put an end to the complainant's appointment on the grounds that the authorities of his country were unwilling to release him any longer. "The Director-General took himself to be bound by the attitude of the government of the Soviet Union. In doing so, he mistook the limits of his own discretion. As was held in Judgment 15 [...] among others, he must in exercising that discretion observe the general principles that govern the international civil service and safeguard the independence of organisation and official alike. The Director-General has committed a mistake of law."

    Reference(s)

    ILOAT Judgment(s): 15

    Keywords:

    case law; complainant; complaint allowed; complaint allowed in part; contract; decision; decision quashed; discretion; executive head; extension of contract; fixed-term; independence; international civil service principles; limits; member state; nationality; non-renewal of contract; official; organisation; secondment;



  • Judgment 1232


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Having been held in his home country against his wishes, the complainant applied, under duress, for early retirement, and the authorities of his country forwarded his application to the organization. "As soon as he was able to show that he had acted under duress UNESCO had the duty, according to the general principles that guarantee the independence of international civil servants, to grant relief. Such independence means that a staff member may not be put on early retirement where a member State has ordered him to apply for it."

    Keywords:

    burden of proof; complaint allowed; decision quashed; early retirement; independence; international civil service principles; lack of consent; member state; official; organisation; organisation's duties; request by a party;



  • Judgment 1230


    74th Session, 1993
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The impugned decision - the non-renewal of the complainant's contract until his retirement- was made on the basis of mistake of fact, an erroneous interpretation of certain statements made by the complainant regarding his availability. It was also established that the Agency must have known that the government of the complainant's country of origin wanted him to return home. The Agency, in this context "ought to have paid especial heed, for the sake of the independence of the international civil service, and his own in particular, to finding out just what he really intended and conveying it accurately to the competent committee."

    Keywords:

    complaint allowed; contract; decision quashed; fixed-term; independence; intention of parties; international civil service principles; member state; non-renewal of contract; official; organisation; organisation's duties;



  • Judgment 1030


    69th Session, 1990
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant was dismissed for misconduct. The organization charged him with refusal to perform duties, refusal to obey instructions and sending letters to Indian government officials with the intention of damaging the organization's reputation. The Tribunal is satisfied on the evidence that the charges are substantially true.

    Keywords:

    conduct; independence; insubordination; member state; misconduct; official; organisation's reputation; serious misconduct; termination of employment;



  • Judgment 448


    46th Session, 1981
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8 (b)

    Extract:

    "The political activities [the complainant] is said to have engaged in were never investigated and cannot therefore serve to excuse the inadequacy of the grounds for the decision. Even though the protests came from governments of [the Organization's] member states they are not decisive. The Organization cannot bow to a government's wishes before making sure that they are compatible with its own interests."

    Keywords:

    contract; fixed-term; independence; lack of evidence; member state; non-renewal of contract; organisation; organisation's interest; political activity;



  • Judgment 431


    45th Session, 1980
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The executive head of an organisation is bound at all times to safeguard its interests and, where necessary, give them priority over others. One area in which the rule applies is staff recruitment. [...] But he may not forgo taking a decision in the organisation's interests for the sole purpose of satisfying a Member State. The organisation has an interest in being on good terms with all Member States, but that is no valid ground for a Director-General to fall in with the wishes of every one of them."

    Keywords:

    appointment; independence; member state; organisation; organisation's interest;



  • Judgment 403


    43rd Session, 1980
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The organization, in common with all others, recognises the right of the staff in accordance with the principle of freedom of association [...] to organise [...]. Nor is it disputed that it is for the staff to organise itself and not for the Director-General to organise it."

    Keywords:

    executive head; freedom of association; independence; staff union;



  • Judgment 362


    41st Session, 1978
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Nothing in the Regulations cited by the complainant suggests "that an elected representative of the staff is employed as such by the organization. Any such interpretation would be destructive of the nature and purposes of the staff association, since, if its representatives were as such in the employment of the organization, they could be instructed by the organization what to do."

    Keywords:

    independence; organisation; staff representative; staff union;



  • Judgment 21


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration (L)

    Extract:

    "The Director-General of an international organisation cannot associate himself with the execution of the policy of the government authorities of any State member without disregarding the obligations imposed on all international officials without distinction and, in consequence, without misusing the authority which has been conferred on him solely for the purpose of directing that organisation towards the achievement of its own, exclusively international objectives."

    Keywords:

    executive head; independence; member state; misuse of authority; official;



  • Judgment 17


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    On the substance (E)

    Extract:

    Vide Judgment 21, consideration (l).

    Reference(s)

    ILOAT Judgment(s): 21

    Keywords:

    executive head; independence; member state; misuse of authority; official;



  • Judgment 15


    4th Session, 1954
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    It does not follow from the Staff Regulations that the conduct of an official with regard to the government of his country is entirely outside the control of the disciplinary authority of the organisation; "on the contrary this is the case when that conduct is judged to be seriously likely to affect the dignity of the official and the prestige of the organisation to which he belongs - a point of fact of which the appreciation will vary according to the circumstances of each case."

    Keywords:

    conduct; independence; member state; official; organisation;

    Considerations

    Extract:

    The Director-General ordered an official to appear before the judicial authorities of the country of which he was a national "this order obviously does not concern the actual service of the international organisation [...]. The latter must enjoy the full sovereignty of its authority and must not be to any extent subject to external influence emanating from one of its states members; [...] in this respect most strict and clear provisions guarantee its complete independence and that of its officials."

    Keywords:

    complaint allowed; independence; member state; municipal court; official; organisation;

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