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International civil service principles (197,-666)
You searched for:
Keywords: International civil service principles
Total judgments found: 67
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Judgment 3908
125th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to abolish his post and terminate his appointment.
Considerations 14-15
Extract:
In the present case, the Principles could not have circumscribed the obligation of the ICC to explore other employment options that may not have involved the application of the express and prescriptive provisions of the Principles (on the assumption they were lawful). This is particular so having regard to the status of the Principles. They are in a circular promulgated by the Registrar notwithstanding that they were formulated in consultation with staff. Nonetheless the Principles are an instrument of the Registrar. The executive head of an organisation cannot, by edict, absolve the organisation from complying with principles of law applying to international civil servants. If it were otherwise, those principles of law would be at material risk of erosion over time.
[I]n the context of the abolition of a position, the organisation’s duty to explore reassignment transcends simply providing a procedural advantage and requires the application of process biased in favour of the staff member whose position has been abolished and which is likely to promote appointment to another position. The rationale is obvious. A person who has secured appointment or reappointment to a position within an international organisation can ordinarily expect to maintain the position on the agreed terms of the appointment or reappointment putting aside, for example, illness or incapacity, non-performance or misconduct. In practical terms, staff may make adjustments to their circumstances including financial and family arrangements based on the assumption that they will maintain the position on the agreed terms.
Keywords:
international civil service principles;
Judgment 3099
112th Session, 2012
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"Although staff members of international organisations necessarily have the right to protect their own interests, they must act in conformity with their duty as international civil servants."
Keywords:
international civil service principles; official; staff member's duties; staff member's interest;
Judgment 3083
112th Session, 2012
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"[T]he Standards of Conduct for the International Civil Service provide that international civil servants "should avoid assisting private bodies or persons in their dealings with their organization where this might lead to actual or perceived preferential treatment" and they "should [...] voluntarily disclose in advance possible conflicts of interest that arise in the course of carrying out their duties". The complainant argues that "should" is aspirational in nature and not mandatory. This argument must be rejected."
Keywords:
conduct; international civil service principles; official; staff member's duties;
Judgment 2991
110th Session, 2011
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"It is a general principle of international civil service law that there must be a valid reason for any decision not to renew a fixed-term contract. If the reason given is the unsatisfactory nature of the performance of the staff member concerned, who is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service, the organisation must base its decision on an assessment of that person's work carried out in compliance with previously established rules (see, for example, Judgments 1911, under 6, and 2414, under 23)."
Reference(s)
ILOAT Judgment(s): 1911, 2414
Keywords:
contract; decision; duty to inform; duty to substantiate decision; fixed-term; formal requirements; grounds; international civil service principles; non-renewal of contract; official; organisation's duties; right; unsatisfactory service; work appraisal; written rule;
Judgment 2662
103rd Session, 2007
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant contends that there was a violation of Article 6 of the European Convention on Human Rights. "Reliance on the Convention is misplaced as it is not applicable to international organisations. The complainant's rights are those derived from the Staff Regulations and Staff Rules and from the general principles of law applicable to such organisations."
Keywords:
breach; complainant; enforcement; general principle; international civil service principles; international instrument; organisation; provision; right; staff regulations and rules;
Judgment 2533
101st Session, 2006
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.
"It is common for a mature legal system to provide compensation on a 'no fault' basis to employees who suffer workplace injuries; the law of the international civil service can do no less."
Keywords:
applicable law; general principle; handicapped person; international civil service principles; invalidity; material damages; official; organisation's duties; professional accident; service-incurred;
Judgment 2493
100th Session, 2006
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainants were issued a written warning on the grounds that they had participated in industrial action which management considered to be unlawful and that caused them to be absent from duty without authorisation. They contend that the Director General had no authority to decide whether the collective action was illegal. "There is no doubt that in the absence of any statutory provisions or collective agreement between the Agency and the staff representatives, it is up to the Director General to take whatever measures are necessary to prevent actions which he deems unlawful, to warn members of staff against participating in such actions and, if necessary, to lay down guidelines for the exercise of the collective rights of staff in accordance with the general principles of international civil service law. From this point of view, one cannot object to the Director General's legitimate right to take action when he, 'in the absence of an agreement with the unions', issued on 13 March 2003 - in other words, three days after the start of the industrial action - an Office Notice setting out 'General provisions applicable in the event of a strike at Eurocontrol'. Nevertheless, the general measures taken by the administration and the individual decisions taken to implement those measures must not have the effect of restricting the exercise of the collective rights of members of staff in such a way as to deprive them of all substance."
Keywords:
applicable law; collective rights; competence; condition; consequence; disciplinary measure; effect; enforcement; executive head; general decision; general principle; individual decision; information note; international civil service principles; limits; no provision; organisation's duties; provision; right to strike; staff regulations and rules; staff representative; staff union; staff union agreement; strike; unauthorised absence; warning;
Judgment 2315
96th Session, 2004
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 22-23
Extract:
"There are two aspects to the rule against retroactivity. The first is a rule of interpretation which requires that a provision not be construed as having retroactive effect unless that is clearly intended. The second is a substantive rule of international civil service law which, as explained in Judgment 1589, prevents a retroactive change in the legal status of staff save in limited circumstances [...]. However, to state the rule in this way is not to expose what is meant by 'retroactive'. In general terms, a provision is retroactive if it effects some change in existing legal status, rights, liabilities or interests from a date prior to its proclamation, but not if it merely affects the procedures to be observed in the future with respect to such status, rights, liabilities or interests."
Reference(s)
ILOAT Judgment(s): 1589
Keywords:
amendment to the rules; case law; collective rights; condition; consequence; date; definition; effect; exception; general principle; international civil service principles; interpretation; non-retroactivity; official; organisation's interest; procedure before the tribunal; provision; publication; purpose; right; staff member's duties; staff member's interest;
Judgment 2292
96th Session, 2004
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
Even if "the Member States of the [Organisation] are all signatories to the European Convention on Human Rights, the Organisation [...] as such is not a member of the Council of Europe and is not bound by the Convention in the same way as signatory states. Nevertheless, the general principles enshrined in the Convention, particularly the principles of non-discrimination and the protection of property rights, are part of human rights, which, [...] in compliance with the Tribunal's case law, apply to relations with staff."
Keywords:
applicable law; case law; equal treatment; general principle; international civil service principles; international instrument; member state; organisation's duties; provision; right; rule of another organisation; universal declaration of human rights; working relations;
Judgment 2256
95th Session, 2003
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 14-16
Extract:
"With regard to the role of a tax reimbursement agreement, the Tribunal stated the following [in judgment 2032]: "It would be strange indeed if the absence of [a tax reimbursement agreement (TRA)] could be invoked by an international organisation or its member states to deprive some staff members and not others of their tax-exempt status. If a member state in breach of its international obligations taxes the exempt income of a staff member, the reimbursement of that tax cannot be made to depend upon the grace and favour of that state."[T]he evident corollary of that statement is that it would similarly be strange if the existence of an agreement could be invoked by an international organisation to deprive some staff members and not others of their tax-exempt status. Such an agreement is meant to set the terms of a member state's commitment to refund an organisation for tax reimbursements. It must, however, conform with international law and cannot be used to undermine the fundamental principles of tax exemption recalled by the Tribunal. Thus, even if the text of the TRA had the reach which the organisation contends for it, which may be doubted, it would simply be unenforceable as being contrary to law. [...] It is likewise with the provisions of the Staff Regulations which, in the organisation's submissions, would limit the complainant's right to tax reimbursement to the amounts actually paid to the organisation by the United States under the TRA. Like the TRA itself, the Staff Regulations must be in conformity with the requirements of the law and where they are not, they are simply unenforceable."
Reference(s)
ILOAT Judgment(s): 2032
Keywords:
equal treatment; international civil service principles; member state; no provision; privileges and immunities; refund; salary; staff regulations and rules; tax;
Judgment 2227
95th Session, 2003
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was informed by a letter of 22 December 1999 that the administration reserved the right to approve the photocopying and distribution of circulars issued by staff representatives. "The Tribunal recalled, in Judgment 911 [...], that a staff association enjoys broad freedom of speech and the right to take to task the administration of the organisation whose employees it represents, but that like any other freedom such freedom has its bounds. thus any action that impairs the dignity of the international civil service, and likewise gross abuse of freedom of speech, are inadmissible. But the prevention of such abuse cannot give the administration a power of prior censorship over the communication of written information produced by the groups and associations concerned. Herein lies the problem in this case: the Office considers it has a general right to authorise, which it maintains it uses only with moderation, but the limits of such authorisation are by no means clear. The Tribunal cannot set aside a general decision on the grounds that it does not offer the guarantees that are in any case available to staff members on the basis of the general principles of international civil service law, as established and interpreted by the Tribunal and other international administrative tribunals. These principles confine the administration's scope of action to cases where there is gross abuse of the right to freedom of expression or lack of protection of the individual interests of persons affected by remarks that are ill-intentioned, defamatory or which concern their private lives. And it is in the light of these principles that the letter of 22 December 1999 [...] should be interpreted. a refusal to grant an authorisation may be regarded as lawful only if it complies with the above principles."
Reference(s)
ILOAT Judgment(s): 911
Keywords:
acceptance; case law; collective rights; exception; freedom of speech; general decision; general principle; iloat; international civil service principles; interpretation; judicial review; limits; official; organisation; outside activity; publication; refusal; respect for dignity; right; safeguard; staff member's interest; staff representative; staff union; staff union activity; tribunal;
Judgment 2163
93rd Session, 2002
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"An appointment by an international organisation is a discretionary decision. Being subject to only limited review, it may be set aside only if it was taken without authority or in breach of a rule of form or of procedure, or if it was based on a mistake of fact or of law, or if some material fact was overlooked, or if there was abuse of authority, or if a clearly wrong conclusion was drawn from the evidence. The Tribunal will, in cases like the present, exercise its power of review with special caution, its function being not to judge the candidates on merit but to allow the organisation full responsibility for its choice. [...] Nevertheless, anyone who applies for a post to be filled by some process of selection is entitled to have his application considered in good faith and in keeping with the basic rules of fair and open competition. That is a right that every applicant must enjoy, whatever his hopes of success may be (see Judgments 1077 [...], 1497 [...] and 1549 [...])."
Reference(s)
ILOAT Judgment(s): 1077, 1497, 1549
Keywords:
abuse of power; appointment; candidate; case law; competition; decision; decision-maker; discretion; disregard of essential fact; equal treatment; flaw; formal flaw; good faith; international civil service principles; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; organisation's duties; procedural flaw; right;
Judgment 2156
93rd Session, 2002
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The general principles which govern employment relationships in international organisations and which are also generally recognised in national labour legislation" recognise "that elected representatives of the staff enjoy specific rights and safeguards".
Keywords:
domestic law; general principle; international civil service principles; right; safeguard; staff representative;
Judgment 2147
93rd Session, 2002
International Service for National Agricultural Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"[The] invocation of the so-called 'first in, last out' principle, in effect a sort of non-contractual seniority clause, is unsupported by any authority and is inimical to the merit principle which underlies the law of the international civil service."
Keywords:
general principle; international civil service principles; output; priority; satisfactory service; seniority; termination of employment;
Judgment 2120
93rd Session, 2002
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10-11
Extract:
A paragraph of a notice issued by the Organisation's secretariat stipulates that the spouse of a staff member shall normally not be employed in the same department as the staff member. The Tribunal considers that "the provision improperly discriminates between candidates for appointment based on their marital status and family relationship [...]. Discrimination on such grounds is contrary to the Charter of the United Nations, general principles of law and those which govern the international civil service, as well as international instruments on human rights. [...] All forms of improper discrimination are prohibited. What is improper discrimination? It is, at least in the employment context, the drawing of distinctions between staff members or candidates for appointment on the basis of irrelevant personal characteristics. Manifestly, the fact that two staff members may be married to each other is not relevant to their competence or the capacity of either one of them to fulfil their obligations. and, if it is thought that marital or intimate personal relationships between staff members may create management problems, such problems must be dealt with in ways that do not discriminate against either of them as a result of such relationships. The Tribunal notes that [the notice] as it is written, besides being too broad, is not even effective in dealing with the presumed possibility of undue influence or favouritism for it is silent on non-marital intimate relationships. It also fails to deal with marriages taking place after appointment".
Keywords:
administrative instruction; assignment; breach; candidate; competition; definition; difference; equal treatment; family relationship; general principle; grounds; international civil service principles; international instrument; official; organisation; post; provision; publication; qualifications; staff member's duties; terms of appointment; un charter; universal declaration of human rights;
Judgment 2097
92nd Session, 2002
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"If the contracts are valid and enforceable and not in breach of any applicable staff rule or principle of international civil service law, the Tribunal has no power to reform them or to remake the bargain which the parties themselves have chosen to make."
Keywords:
acceptance; amendment to the rules; applicable law; competence of tribunal; contract; iloat; international civil service principles; official; provision; staff regulations and rules; terms of appointment;
Consideration 19
Extract:
"Most contracts are entered into because both parties think it is to their economic advantage to do so. Where there is great disparity in bargaining power [...] the law will impose constraints upon the more powerful. In the international civil service that is one of the functions of the staff rules, and where these are inadequate, the Tribunal will intervene to redress the balance through the application of general principles of international civil service law."
Keywords:
contract; difference; enforcement; grounds; international civil service principles; limits; right; staff regulations and rules; tribunal;
Judgment 2081
92nd Session, 2002
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Consistent precedent has it that an organisation is ordinarily free to determine the pay of its staff, provided that it respects certain requirements arising from general principles of international civil service law [...] Furthermore, if the organisation has a rule granting certain rights to staff members in relation to their level of salary, it may not depart from that rule in individual decisions without amending it in accordance with the prescribed procedure."
Keywords:
amendment to the rules; amount; case law; condition; discretion; formal requirements; general principle; individual decision; international civil service principles; official; organisation; organisation's duties; provision; right; salary; staff regulations and rules;
Judgment 2060
91st Session, 2001
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Candidates who apply for a post to be filled by competition, whatever their hopes of success may be, are entitled to have their applications considered in good faith and in keeping with the basic rules of fair competition. An organisation must be careful to abide by the rules on selection and when the process proves flawed, the Tribunal will quash any resulting appointment, albeit on the understanding that the organisation must 'shield' the successful candidate from any injury (see for example Judgments 1990 and 2020 and the others cited therein)."
Reference(s)
ILOAT Judgment(s): 1990, 2020
Keywords:
appointment; candidate; case law; competition; competition cancelled; condition; due process; equal treatment; general principle; good faith; injury; international civil service principles; post; qualifications;
Judgment 1912
88th Session, 2000
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"International civil servants do not have an acquired right [...] to an automatic indexing of their salaries. [...] The establishing of regulations for the periodic adjustment of salary is within the discretion of the organisations provided that these regulations do not violate the principles of international civil service law and their application does not bring about an erosion of salary that could be regarded as substantially jeopardising the contractual balance between those organisations and their staff members."
Reference(s)
ILOAT Judgment(s): 1118
Keywords:
acquired right; adjustment; cost-of-living increase; discretion; international civil service principles; salary; staff regulations and rules; terms of appointment;
Judgment 1911
88th Session, 2000
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
"It is a general principle of the international civil service that there must be a valid reason for any decision not to renew a fixed-term contract and that the reason must be given to the staff member [...]. An official whose fixed-term contract is reaching expiry must be informed in a timely manner of the real reasons for the decision not to renew it [...]. In this case a mere reference to a letter sent to the complainant nearly two years previously cannot, in the absence of any other indication as to the real reasons for the decision to be taken, exempt the observatory from stating the grounds clearly."
Keywords:
contract; date; decision; duty to inform; duty to substantiate decision; fixed-term; general principle; grounds; international civil service principles; non-renewal of contract; organisation's duties; separation from service;
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