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Reorganisation (383,-666)

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Keywords: Reorganisation
Total judgments found: 72

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  • Judgment 3824


    124th Session, 2017
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed an application for execution of Judgment 3421.

    Consideration 5

    Extract:

    [T]he Tribunal has a limited power of review over the structural arrangements adopted by an international organisation with a view to ensuring the smooth operation of its departments, which may involve creating or abolishing posts and, more generally, redeploying staff (see, inter alia, Judgments 269, under 2, 1131, under 5, 1614, under 3, 2090, under 6, and 2510, under 10)[.]

    Reference(s)

    ILOAT Judgment(s): 269, 1131, 1614, 2090, 2510

    Keywords:

    judicial review; reorganisation;



  • Judgment 3755


    123rd Session, 2017
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his continuing appointment owing to the abolition of his position.

    Consideration 6

    Extract:

    While it is true that international organisations have the right to restructure their operations, abolish posts if necessary and consequently terminate the appointment of their staff members who are affected by the planned restructuring (see Judgment 1854, under 10), they cannot simply terminate their appointment – at least not if they hold an appointment of indeterminate duration – without first taking suitable steps to find them alternative employment (see, for example, Judgments 269, under 2, 1745, under 7, 2207, under 9, and 3238, under 10).
    When an organisation has to abolish a position occupied by a staff member holding a continuous appointment, it therefore has a duty to do all that it can to reassign that person, as a matter of priority, to another post matching his or her abilities and grade. The staff member in question may therefore claim to be appointed to any vacant post which she or he is capable of filling in a competent manner, regardless of the qualifications of the other candidates (see Judgment 133). If the attempt to find such a post proves fruitless, it is up to the organisation, if the staff member concerned agrees, to try to place her or him in duties at a lower grade and to widen its search accordingly (see Judgments 1782, under 11, and 2830, under 9).

    Reference(s)

    ILOAT Judgment(s): 133, 269, 1745, 1782, 1854, 2207, 2830, 3238

    Keywords:

    abolition of post; duty of care; reorganisation;



  • Judgment 3667


    122nd Session, 2016
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the fact that he was not promoted during the 2013 promotion exercise.

    Considerations 5-6

    Extract:

    Article 45 of the Staff Regulations establishes the exclusion principle which is challenged by the complainant, who has reached the highest grade in the bracket to which his current post belongs. This principle is consistent with the aims of the administrative reform carried out in 2008, namely to end the practice of automatic promotion while not ruling out the possibility of making exceptions in order to enable particularly well-qualified officials to move up to a higher grade in the next bracket.

    In the structure introduced by the administrative reform which entered into force at Eurocontrol on 1 July 2008, officials are classed in hierarchical grade brackets, each of which corresponds to a clearly defined category of functions. In the same way that an official who has reached the pinnacle of her or his career can no longer hope for promotion, a Eurocontrol official who has reached the top of her or his grade bracket does not, in principle, have any possibility of moving into a higher grade.

    Keywords:

    post classification; reclassification; reorganisation;



  • Judgment 3507


    120th Session, 2015
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant requests the payment of various sums in consequence of the decision to grant her a permanent disability benefit.

    Consideration 13

    Extract:

    "It is by no means unusual that the executive head of an international organisation should decide, upon being appointed, to modify the structure and membership of her or his office and secretariat to suit her or his requirements. However, any such modification must respect the rights and dignity of the officials hitherto assigned to these units."

    Keywords:

    reorganisation;



  • Judgment 3437


    119th Session, 2015
    Technical Centre for Agricultural and Rural Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the decision to terminate his contract following the CTA restructuring.

    Judgment keywords

    Keywords:

    abolition of post; complaint allowed; decision quashed; reorganisation; termination of employment;

    Consideration 5

    Extract:

    Precedent has it that international organisations may undertake restructuring entailing the redefinition of posts and staff reductions in order to achieve greater efficiency or budgetary savings (see, for example, Judgments 2156, under 8, or 2510, under 10). However, each and every individual decision adopted in the context of such restructuring must respect all the applicable legal rules and in particular the fundamental rights of the staff concerned (see, for example, Judgments 1614, under 3, 2907, under 13, or 3169, under 7).

    Reference(s)

    ILOAT Judgment(s): 1614, 2156, 2510, 2907, 3169

    Keywords:

    organisation's duties; reorganisation;



  • Judgment 3436


    119th Session, 2015
    Technical Centre for Agricultural and Rural Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: Following the abolition of her post in the context of the CTA restructuring, the complainant successfully impugns the decision to terminate her appointment.

    Judgment keywords

    Keywords:

    abolition of post; complaint allowed; decision quashed; reorganisation; termination of employment;

    Consideration 5

    Extract:

    Precedent has it that international organisations may undertake restructuring entailing the redefinition of posts and staff reductions in order to achieve greater efficiency or budgetary savings (see, for example, Judgments 2156, under 8, or 2510, under 10). However, each and every individual decision adopted in the context of such restructuring must respect all the applicable legal rules and in particular the fundamental rights of the staff concerned (see, for example, Judgments 1614, under 3, 2907, under 13, or 3169, under 7).

    Reference(s)

    ILOAT Judgment(s): 1614, 2156, 2510, 2907, 3169

    Keywords:

    reorganisation;

    Consideration 6

    Extract:

    The Tribunal’s case law has consistently upheld the principle that an international organisation may not terminate the appointment of a staff member whose post has been abolished, at least if he or she holds an appointment of indeterminate duration, without first taking suitable steps to find him or her alternative employment (see, for example, Judgments 269, under 2, 1745, under 7, 2207, under 9, or 3238, under 10). As a result, when an organisation has to abolish a post held by a staff member who, like the complainant in the instant case, holds a contract for an indefinite period of time, it has a duty to do all that it can to reassign that person as a matter of priority to another post matching his or her abilities and grade. Furthermore, if the attempt to find such a post proves fruitless, it is up to the organisation, if the staff member concerned agrees, to try to place him or her in duties at a lower grade and to widen its search accordingly (see Judgments 1782, under 11, or 2830, under 9).

    Reference(s)

    ILOAT Judgment(s): 269, 1745, 2207, 3238

    Keywords:

    permanent appointment; redeployment; reorganisation; separation from service;



  • Judgment 3373


    118th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal stated that the Organisation, after having outsourced a part of the complainant's duties, breached its duty of care because it failed to ensure that the implementation of the arrangement did not place the complainant in financial difficulties.

    Consideration 8

    Extract:

    "According to the consistent case law of the Tribunal, an international organisation “necessarily has power to restructure some or all of its departments or units, including by the abolition of posts […] and the redeployment of staff” (see Judgment 2510, under 10). The concept of redeployment must be understood as including not only the assignment of staff to different posts, but also requiring them to accept a new or different method of organising continuous service. It follows that a particular model of organising a service, such as the one previously in force in this case, cannot constitute an acquired right."

    Reference(s)

    ILOAT Judgment(s): 2510

    Keywords:

    acquired right; redeployment; reorganisation;



  • Judgment 3353


    118th Session, 2014
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the non-renewal of their contracts following a restructuring process and obtain moral damages for the serious affront to their dignity and the failure to give reasonable notice.

    Consideration 30

    Extract:

    "The Tribunal has stated, in Judgment 2861, under 27, that it must be taken to be normal practice in any international organisation to involve the Chief of a Section or Department in plans for its reorganisation. This is because not to do so would ordinarily constitute a serious failure to respect the dignity of that person."

    Reference(s)

    ILOAT Judgment(s): 2861

    Keywords:

    reorganisation; respect for dignity;

    Consideration 22

    Extract:

    "The evidence shows that the functions for which new staff members were recruited required qualifications, expertise and experience that the complainants did not have. Accordingly, the restructuring involving a decision to abolish the complainants’ posts, was within the discretion of the ITU."

    Keywords:

    reorganisation; staff reduction;



  • Judgment 3276


    116th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants unsuccessfully impugn the reclassification of their posts following the reform of the Staff Regulations, which allegedly deprives them of any career advancement.

    Judgment keywords

    Keywords:

    complaint dismissed; post classification; reorganisation;



  • Judgment 3275


    116th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the reclassification of their posts as inadequate, not equivalent to their former positions and depriving them of any career advancement.

    Judgment keywords

    Keywords:

    complaint dismissed; plenary judgment; post classification; reorganisation;



  • Judgment 3274


    116th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complaint about a post reclassification resulting from an administrative reform was dismissed by the Tribunal.

    Judgment keywords

    Keywords:

    complaint dismissed; post classification; reorganisation;

    Considerations 10-11

    Extract:

    It must be recalled that the Tribunal is not competent to review the advisability or merits of the changes which Eurocontrol has introduced in its staff management, for they form part of general employment policy which an organisation is free to pursue in accordance with its general interests (see Judgment 3225, under 6).
    Contrary to the complainant’s submissions, the new job classification system does not, however, deprive him of his prospects of career advancement within Eurocontrol. He can still be promoted in either of the circumstances outlined above. Moreover, the complainant has produced no evidence that he would have been entitled to promotion when the change in his job title and grade was adopted. It was, however, only on this condition that the Director General would have had a duty to review the grade assigned to him subject to the particular conditions laid down by Article 6 of Rule of Application No. 35, after obtaining the opinion of the Committee in charge of job management monitoring.

    The complainant considers that he should have been assigned the generic post of Service Manager or Senior Manager in a higher career bracket which, in his opinion, ought at all events to have led to his promotion to grade A*12. This is what he requested, without success, in his internal complaint of 27 September 2010. The classification of posts necessarily involves the exercise of a value judgement as to the nature and extent of the duties and responsibilities pertaining to the posts. Accordingly, the Tribunal will not substitute its own assessment or direct a new assessment unless certain grounds are established. Save when the impugned decision was taken without authority or shows some procedural or formal flaw, the Tribunal will interfere with the decision only if it is based on a mistake of fact or of law, overlooks some material fact, is an abuse of authority, or draws a clearly mistaken conclusion from the facts (see Judgments 1281, under 2, and 3016, under 7). It is therefore understandable that the complainant relies only on errors of judgement and the overlooking of material facts when a comparison was made of his respective powers and tasks in his old and new posts.
    The complainant’s arguments are not sufficient to convince the Tribunal that the disputed classification decision is tainted with the flaws which he alleges. He has not established that when Eurocontrol transposed grades it should have promoted him to a higher grade on account of his work and experience.

    Reference(s)

    ILOAT Judgment(s): 1281, 3016, 3225

    Keywords:

    post classification; reclassification; reorganisation;



  • Judgment 3238


    115th Session, 2013
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to terminate their appointments due to the abolition of their posts following a restructuring.

    Consideration 7

    Extract:

    Precedent has it that in order to achieve greater efficiency or to make budgetary savings international organisations may undertake restructuring entailing the redefinition of posts and staff reductions (see, for example, Judgments 2156, under 8, or 2510, under 10). However, each and every individual decision adopted in the context of such restructuring must respect all the pertinent legal rules and in particular the fundamental rights of the staff concerned (see, for example, Judgments 1614, under 3, or 2907, under 13).

    Reference(s)

    ILOAT Judgment(s): 1614, 2156, 2510, 2907

    Keywords:

    organisation's duties; reorganisation;



  • Judgment 3234


    115th Session, 2013
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugned the decision to abolish his post following a restructuring.

    Judgment keywords

    Keywords:

    abolition of post; complaint allowed; decision quashed; reorganisation;



  • Judgment 3189


    114th Session, 2013
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants unsuccessfully challenge their placement in the new grade structure following the entry into force of the administrative reform at Eurocontrol.

    Judgment keywords

    Keywords:

    complaint dismissed; grade; reorganisation;



  • Judgment 3170


    114th Session, 2013
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant alleges that she was the victim of harassment and that the investigation thereon was flawed.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3010, 3131

    Keywords:

    abolition of post; complaint allowed; harassment; inquiry; investigation; reorganisation; termination of employment;



  • Judgment 3169


    114th Session, 2013
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his contract following the abolition of his post, which, in his view, was not taken by the competent body.

    Judgment keywords

    Keywords:

    abolition of post; complaint allowed; reorganisation; termination of employment;



  • Judgment 3127


    113th Session, 2012
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    abolition of post; case sent back to organisation; complaint allowed; decision quashed; reorganisation;



  • Judgment 3010


    111th Session, 2011
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "[T]he restructured service is independent of the [Organization], has a new and different focus and has resulted in a significant reduction in cost, all of which make it impossible to accept the complainant's argument that the restructuring was not in the Organization's interest and did not result in budget efficiency. In these circumstances, it is to be concluded that the restructuring was genuine and not simply 'a pretext for dislodging undesirable staff' (see Judgment 1231, under 26)."

    Reference(s)

    ILOAT Judgment(s): 1231

    Keywords:

    organisation's interest; reduction of salary; reorganisation; staff reduction;



  • Judgment 2975


    110th Session, 2011
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "It is well established in the case law that decisions taken in relation to restructuring and the reclassification of posts within an Organization's structure are 'within the discretion of the organisation and may be set aside only on limited grounds [...] for example, if the competent bodies breached procedural rules, or if they acted on some wrong principle, overlooked some material fact or reached a clearly wrong conclusion' (see Judgment 2807, under 5)."

    Reference(s)

    ILOAT Judgment(s): 2807

    Keywords:

    discretion; judicial review; post classification; reorganisation;



  • Judgment 2972


    110th Session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "[A]n international organisation 'necessarily has power to restructure some or all of its departments or units, including by the abolition of posts,[...] and the redeployment of staff' (see Judgment 2510, under 10). The notion of redeployment is apt to include not only assignment to different posts, but also the assignment of new or different shift work patterns."

    Reference(s)

    ILOAT Judgment(s): 2510

    Keywords:

    abolition of post; assignment; other; post; reorganisation; working conditions; working hours;

    Consideration 8

    Extract:

    "Once it is accepted that an organisation has a right to assign new or different shift work patterns, it follows that a particular shift work pattern cannot constitute an acquired right."

    Keywords:

    acquired right; assignment; organisation; reorganisation; right; working conditions; working hours;

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Last updated: 14.10.2021 ^ top