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Reorganisation (383,-666)

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Keywords: Reorganisation
Total judgments found: 72

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  • Judgment 2907


    108th Session, 2010
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "According to the Tribunal's case law, international organisations may undertake restructuring by reducing or reassigning their staff, even for the sole purpose of making budgetary savings (see, for example, Judgment 2156, under 8). 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."

    Reference(s)

    ILOAT Judgment(s): 2156

    Keywords:

    budgetary reasons; case law; consequence; due process; implied decision; official; organisation; organisation's duties; reassignment; reorganisation; right; staff reduction; written rule;



  • Judgment 2902


    108th Session, 2010
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "The Tribunal finds that by any standards a delay of nearly 19 months to complete the internal appeal process is unreasonable."

    Keywords:

    abolition of post; compensation; internal appeal; non-renewal of contract; project personnel; reasonable time; reorganisation; time limit;

    Considerations 6, 8 and 10

    Extract:

    The complainant impugns the decision not to renew his appointment following a restructuring which entailed the abolition of his post.
    "[T]he question remains as to whether restructuring was the real reason for the decision not to renew the complainant's appointment. [...]
    Although the record supports the Organization's assertion that a restructuring has occurred, it does not reflect that a decision to restructure and a decision regarding the abolition of specific posts had been taken [before] the complainant was informed that a recommendation to restructure had been approved and that new staffing requirements meant that his post and others would be abolished. [...]
    [T]he decision not to renew the complainant's appointment must be set aside."

    Keywords:

    abolition of post; evidence; non-renewal of contract; project personnel; reorganisation;

    Consideration 11

    Extract:

    "[T]he complainant contends that UNIDO's failure to conduct a performance appraisal before deciding not to renew his appointment constitutes a breach of procedure and a breach of his terms of employment as his letters of appointment stated that he would be evaluated on a yearly basis. [...] The defendant argues that since the non-renewal of the appointment was not based on performance, it is irrelevant whether a performance appraisal was or was not conducted. The Tribunal rejects this argument. UNIDO had a contractual obligation to conduct yearly performance appraisals. International organisations routinely require applicants for positions to provide at least their most recent performance appraisal from a prior employer. UNIDO's failure to provide the complainant with an appraisal has deprived him of the use of a critical tool in his search for future employment."

    Keywords:

    abolition of post; compensation; non-renewal of contract; performance report; project personnel; reorganisation; status of complainant;

    Consideration 10

    Extract:

    "[T]he decision not to renew the complainant's appointment must be set aside. However, the evidence does indicate that restructuring was being contemplated and has in fact occurred. In these circumstances, reinstatement is not an appropriate remedy. Rather, the complainant is entitled to be paid the salary and other allowances he would have received had his appointment been renewed for six months, together with interest [...]."

    Keywords:

    abolition of post; compensation; judicial review; non-renewal of contract; project personnel; reinstatement; reorganisation;

    Considerations 12 and 14

    Extract:

    "The complainant argues that the Organization breached its duty of care in failing to accommodate him in another post or in a manner less drastic than the non-renewal of his appointment. [...]
    The Organization had no obligation under the 200 Series of the Staff Rules to find an alternative post for the complainant. However, it had a duty to explore with him possible options prior to his separation. The failure to do so was an affront to his dignity and showed a lack of respect for him as a highly regarded long-serving staff member."

    Keywords:

    abolition of post; compensation; non-renewal of contract; organisation's duties; project personnel; reassignment; reorganisation; respect for dignity; seniority; staff regulations and rules; status of complainant;



  • Judgment 2885


    108th Session, 2010
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "[I]t is convenient to note that there is a "misuse of authority where an administration acts for reasons that are extraneous to the organisation's best interests and seeks some objective other than those which the authority vested in it is intended to serve" (see Judgment 1129, under 8). It may be accepted that it is a misuse of authority if a post is abolished in order to circumvent the relevant procedures applicable in the case of unsatisfactory performance. Even so, "misuse of authority may not be presumed and the burden of proof is on the party that pleads it" (see Judgment 2116, under 4)."

    Reference(s)

    ILOAT Judgment(s): 1129, 2116

    Keywords:

    abolition of post; abuse of power; grounds; misuse of authority; organisation's interest; reassignment; reorganisation;



  • Judgment 2861


    107th Session, 2009
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 27

    Extract:

    "[I]t 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. Not to do so would, ordinarily, constitute a serious failure to respect the dignity of that person."

    Keywords:

    organisation's duties; reorganisation; respect for dignity;



  • Judgment 2856


    107th Session, 2009
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 11 and 13

    Extract:

    "At the outset, the complainant's grievance was in relation to his appointment, as a result of restructuring, to [a] position [...] at grade P.3. Although the complainant has advanced a number of arguments in support of his complaint, at this juncture, he holds a post at grade P.4 and throughout the material time he has retained his personal P.4 grade. [T]he central issue is whether there is merit to the complainant's contention that he should have been placed in a «genuine P.4 position»."
    "The fundamental flaw in the complainant's position is that he has not adduced any evidence that he had the specific knowledge and skills required to function in a «genuine P.4 position» within the Organization¿s new Oracle-based system. [...] As well, not only has he not adduced any evidence to show that he has the requisite knowledge and skills to work in an Oracle-based system, the evidence shows that he had difficulty performing a number of tasks attributed to his new position."

    Keywords:

    abolition of post; evidence; lack of evidence; qualifications; reassignment; reorganisation; status of complainant;

    Consideration 9

    Extract:

    "[I]t is useful to recall, as stated in Judgment 2510, under 10, that «an international organisation necessarily has power to restructure some or all of its departments or units, including by the abolition of posts, the creation of new posts and the redeployment of staff (see Judgments 269 and 1614)»."

    Reference(s)

    ILOAT Judgment(s): 1614, 2510

    Keywords:

    abolition of post; discretion; reassignment; reorganisation;

    Consideration 9

    Extract:

    "As the Tribunal pointed out in Judgment 1131, under 5, «[i]t may not supplant an organisation's view with its own on such matters as a restructuring of posts or redeployment of staff intended to make savings or improve efficiencies». Decisions on them are discretionary and the Tribunal's power of review in this respect is limited."

    Reference(s)

    ILOAT Judgment(s): 1131

    Keywords:

    abolition of post; creation of post; discretion; judicial review; limits; reassignment; reorganisation;



  • Judgment 2830


    107th Session, 2009
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant's appointment was terminated following a reorganisation.
    "The Tribunal finds that the Organization has not shown that it actually did its utmost to find a post matching the complainant's qualifications. Furthermore, before simply terminating his appointment, the Organization ought to have ascertained whether he was prepared to accept a post at a lower grade to that which he had previously held (see Judgment 1782, under 11). It was not up to the complainant to prove that he was able to remain in the Organization's service in some capacity; it was up to the Organization to prove the contrary."

    Reference(s)

    ILOAT Judgment(s): 1782

    Keywords:

    burden of proof; condition; grade; lack of evidence; organisation's duties; post; qualifications; reassignment; reorganisation; termination of employment;



  • Judgment 2817


    107th Session, 2009
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The complainant impugns the decision to remove him from his functions following the reorganisation of the department in which he was employed.
    "[There] are a number of matters pointing to the conclusion that the [impugned] decision was taken in bad faith. First, there is the fact that [...] there was no restructuring relevant to the complainant's post, although there was then a proposal to that effect. Further, no discussions were then held with the complainant with respect to the restructuring of [his] Department; he was not informed in a timely manner that the restructuring proposal had been replaced with another proposal [...] - a fact that was not disclosed to the Headquarters Board of Appeal by the Organization. No answer was given to his letter of 1 March 2006 and none to a subsequent letter of 28 August 2006 [...]."

    Keywords:

    good faith; reassignment; reorganisation;



  • Judgment 2802


    106th Session, 2009
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "Restructuring is, itself, an objective and valid ground for the abolition of a post, provided that it is a genuine restructuring and is not motivated by extraneous considerations such as bias or ill will towards the incumbent of the post."

    Keywords:

    abolition of post; bias; decision; grounds; post; reorganisation;



  • Judgment 2742


    105th Session, 2008
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 34

    Extract:

    "It was said in Judgment 2510 that 'an international organisation necessarily has power to restructure some or all of its departments or units, including by the abolition of posts, the creation of new posts and the redeployment of staff'. The word 'necessarily' in that statement indicates that that power will be implied even if it is not expressly conferred by the relevant regulations. However, that power cannot be implied if it is contrary to the regulations."

    Reference(s)

    ILOAT Judgment(s): 2510

    Keywords:

    abolition of post; breach; creation of post; discretion; interpretation; organisation; reorganisation; written rule;

    Consideration 37

    Extract:

    "There is no inevitable inconsistency between 'strengthening' a service and restructuring it. However, there is an inconsistency when restructuring involves the abolition of what is intended to be strengthened."

    Keywords:

    consequence; discontinuance; reorganisation;



  • Judgment 2510


    100th Session, 2006
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "An international organisation necessarily has power to restructure some or all of its departments or units, including by the abolition of posts, the creation of new posts and the redeployment of staff (see Judgments 269 and 1614). As was pointed out in Judgment 1131, the Tribunal may not supplant an organisation's view with respect to these matters, and decisions on them are discretionary and subject to limited review."

    Reference(s)

    ILOAT Judgment(s): 269, 1131, 1614

    Keywords:

    abolition of post; creation of post; decision; discretion; judicial review; limits; post; reassignment; reorganisation;



  • Judgment 2471


    99th Session, 2005
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Following a reorganisation the post the complainant held in the Department of General Services (AGS) was transferred to another department. In December 2002 she was reassigned to AGS, though in a different position. She asks to be given back the duties and responsibilites she had in AGS prior to the reorganisation. "The Tribunal considers that this request cannot be granted, for it would imply undoing the reorganisation and reversing the technological changes that have been made, which, as the complainant herself acknowledges in her submissions, were both necessary and predictable. Her position is thus untenable."

    Keywords:

    claim; difference; liability; post; post held by the complainant; reassignment; refusal; reorganisation; transfer;



  • Judgment 2092


    92nd Session, 2002
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "One of the tests which the Tribunal has developed over the years to determine whether or not a post has truly been abolished is to ask whether or not the 'abolition' has resulted in a reduction of the number of staff in the affected department. (See, for example, Judgment 139 [...].) If it has not, the presumption is that all that has taken place is a redistribution of functions among existing posts [...] and not the abolition of one or more posts".

    Reference(s)

    ILOAT Judgment(s): 139

    Keywords:

    abolition of post; case law; consequence; criteria; definition; iloat; judicial review; post; reorganisation; staff reduction;



  • Judgment 2090


    92nd Session, 2002
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6-7

    Extract:

    Because of restructuring the complainant's post was abolished and his appointment was terminated. "There is obviously nothing unlawful about restructuring per se and it will always mean regrouping duties and sacrificing posts. But in carrying out such an exercise, an organisation has a duty to observe the rights and safeguards of its staff [...] The [organisation]'s first duty in addressing the consequences of [the complainant's] redundancy was to offer him a transfer to another suitable post. Only if that proved impossible should it [pay him the indemnity payable in the event of redundancy]. But there is no evidence that the [organisation] did its utmost to find him a post which matched his skills and level of responsibility."

    Keywords:

    abolition of post; contract; discontinuance; post held by the complainant; reorganisation;



  • Judgment 2080


    92nd Session, 2002
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 14-15

    Extract:

    "The Director-General, in exercise of his discretionary authority and taking into account the overall interests of the organisation, decided that the [complainant's] post [...] should be redefined and that [his] contract should not be renewed. The Tribunal accepts that the organisation was entitled to adapt to changes and to modify the job description for the given post in view of the organisation's future needs."

    Keywords:

    amendment to the rules; contract; decision; discretion; executive head; non-renewal of contract; organisation; organisation's interest; post description; post held by the complainant; reorganisation; right;



  • Judgment 2027


    90th Session, 2001
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Eurocontrol contends that the complaint is irreceivable because the "decision" to transfer him was not a real decision coming from an appointing authority, thus, he fails to show injury and has no cause of action. The objections to receivability fail. Even a simple measure on a matter of internal reorganisation such as transfer may sometimes impair the staff member's rights and legitimate interests (see Judgment 1078 [...] among others)."

    Reference(s)

    ILOAT Judgment(s): 1078

    Keywords:

    burden of proof; cause of action; decision; executive head; grounds; injury; lack of injury; reassignment; receivability of the complaint; reorganisation; right; staff member's interest; transfer;



  • Judgment 1779


    85th Session, 1998
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The Tribunal will review the [restructuring] process insofar as it may involve personal prejudice, abuse of authority or similar defects. But it is not for the Tribunal to decide what a normal procedure' for restructuring might be."

    Keywords:

    abuse of power; bias; discretion; flaw; judicial review; limits; misuse of authority; reorganisation;



  • Judgment 1659


    83rd Session, 1997
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    Having lost three out of seven members and having a "working budget that was but a fraction of what it had been before, it was therefore only reasonable for [EFTA] to consider overhauling the Secretariat and go ahead with the abolition of units and then of posts. [...] It was the EFTA Council of seven member States that resolved to wind up the Secretariat, pay off the permanent employees and let fixed-term appointments run out. It saw that as the only proper course because of political uncertainty and lack of money to pay the staff after 30 June 1995. The seven States also wanted to safeguard the freedom of the four remaining members to set up a smaller Secretariat which matched the smaller membership. There was no mistake of law in the Council's reasoning."

    Keywords:

    abolition of post; budgetary reasons; discretion; judicial review; member state; non-renewal of contract; organisation; reorganisation; separation from service; termination of employment;

    Consideration 12

    Extract:

    The complainants "plead breach of Regulation 12.2(b) which confers priority for re-employment on permanent employees whose posts had to be abolished. But since all the posts were abolished the Association had no choice in the matter and nothing to offer the redundant staff but the opportunity of applying for jobs in the new Secretariat."

    Reference(s)

    Organization rules reference: EFTA STAFF REGULATION 12.2(B)

    Keywords:

    abolition of post; competition; contract; exception; organisation's duties; permanent appointment; priority; reassignment; reorganisation; separation from service; staff regulations and rules; termination of employment;



  • Judgment 1614


    82nd Session, 1997
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "As circumstances change so must an organisation reform its structure, and that may mean doing away with posts. Even if abolition is not expressly provided for, no organisation can be required to abide for evermore by the same approach to what it has to do."

    Keywords:

    abolition of post; discretion; organisation; reorganisation;



  • Judgment 1437


    79th Session, 1995
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant was transferred against his wishes to another unit. There was nothing improper in the decision to transfer him. "The transfer was in the organization's interests" and took lawfully into account such facts as the reform of his old unit and the need for more staff in his new one.

    Keywords:

    discretion; executive head; judicial review; organisation's interest; reorganisation; transfer;



  • Judgment 1398


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "All organisations need computer technology and there is nothing wrong with making staff who draft and write search reports and the like work with software and submit their output in a readily usable format. [...] EPO officers have wide discretion over matters of organisation and the EPO is not to be held liable for bringing conditions of work up to date. It thereby infringed none of the safeguards the staff enjoy; nor may it be deemed to have altered the job description of search examiners, which, [...] is cast in very general terms."

    Keywords:

    discretion; executive head; organisation's interest; post description; reorganisation; safeguard;

    Consideration 6

    Extract:

    "The President has wide discretion over the organisation of work and he is not bound to consult the advisory bodies set up under the Service Regulations before introducing new means of improving staff efficiency. In any event the impugned decision made no change in the rules on work arrangements that required such consultation under Article 38."

    Reference(s)

    Organization rules reference: ARTICLE 38 EPO SERVICE REGULATIONS

    Keywords:

    advisory body; advisory opinion; discretion; executive head; organisation's interest; reorganisation; staff regulations and rules;

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