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Reorganisation (383,-666)

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Keywords: Reorganisation
Total judgments found: 72

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  • Judgment 1317


    76th Session, 1994
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 28

    Extract:

    The organisation says that the non-renewal of the complainant's appointment was warranted by restructuring operations in its regional offices. "The duty to state the reasons for a decision forms part of any due administrative process. The Tribunal is not questioning that there was an objective need for the reforms the Union brought in [but] the Union ought to have explained to him why the reforms warranted removing him. It did not. The ITU ignored a long line of precedents on non-renewal procedure."

    Keywords:

    case law; contract; discretion; duty to substantiate decision; fixed-term; non-renewal of contract; organisation's interest; reorganisation;

    Considerations 20-21

    Extract:

    The ITU alleges that as a member of project personnel the complainant could not expect his appointment to be renewed after a restructuring exercise, unlike headquarters officials whose appointments were extended. "It is clear from the Staff Regulations and the relevant rules that the provisions on fixed-term appointments are in substance the same for both [headquarters and project personnel]. [...] The Union is mistaken in relying on [a rule] to rebut the complainant's charge of discrimination in favour of other staff".

    Keywords:

    contract; equal treatment; fixed-term; headquarters official; legitimate expectation; non-renewal of contract; project personnel; reorganisation; staff regulations and rules; status of complainant;



  • Judgment 1131


    71st Session, 1991
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The Tribunal's "power of review is limited. It 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 efficiency. Nor may it consider whether abolishing a post was the right thing to do. But it will interfere with any decision that was taken without authority [etc]".

    Keywords:

    abolition of post; budgetary reasons; competence of tribunal; discretion; judicial review; reorganisation;



  • Judgment 1018


    69th Session, 1990
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant is challenging a decision to transfer him. "The Tribunal is [...] satisfied on the evidence that there was no abuse of the Secretary-General's authority. So far from being arbitrary the transfer was ordered on objective grounds and in the interests of more efficient management".

    Keywords:

    grounds; judicial review; reorganisation; transfer;



  • Judgment 526


    49th Session, 1982
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The Tribunal is not competent to review the administrative reform whereby two previously independent departments were merged into one.

    Keywords:

    competence of tribunal; reorganisation;



  • Judgment 494


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The Director was being extremely critical of the activities of the Staff Committee, considering it as an unrepresentative minority of the staff association [...]. The suggestion made by the complainant that the transfer was designed to impede her activities as vice-chairperson by removing her from headquarters and to punish her for the Committee's attitude is therefore one which must be seriously examined. [...] Even if it were to be assumed that the Director was in general pursuing a policy of handicapping or penalising staff activities, he did not in this case carry it through [...]. There is no evidence of any personal hostility [...]. The transfer was a transfer of a programme rather than of a person."

    Keywords:

    bias; evidence; hidden disciplinary measure; lack of evidence; reorganisation; staff representative; staff union activity; transfer;



  • Judgment 397


    43rd Session, 1980
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The provision concerning the publication of a vacancy notice and consultation of the Appointment and Promotion Board "applies [...] to posts put up for open competition both within and outside the organisation. But the organisation's purpose was merely to alter the position of serving officials by giving them new duties or higher grades."

    Keywords:

    organisation's duties; procedure before the tribunal; reorganisation;



  • Judgment 361


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

    Considerations 43-44

    Extract:

    The Director-General's decisions are valid, but not the manner in which they were implemented. The administration could have made it clear that the complainant was a victim of the reorganisation and was not to blame. Its silence made the situation even more distressing. "Accordingly, the claim for compensation for moral damage is allowed. Since money is to be the only form of redress, the amount must be sufficient to mark the gravity of the injury."

    Keywords:

    decision; grounds; injury; moral injury; professional injury; reorganisation; transfer;



  • Judgment 312


    38th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The Director "did not act unlawfully in abolishing the Spanish-language post held by the complainant, [...] creating a new English-language post and preserving a French-language post. He made an appraisal of fact which, on these points, must prevail."

    Keywords:

    abolition of post; discretion; organisation's interest; reorganisation;



  • Judgment 269


    36th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "[A]n organisation may properly decide to abolish a post in one or the other of two contingencies - either when it ceases to perform certain functions or when it relieves the responsible staff member of those functions and assigns them to one or more other staff members."

    Keywords:

    abolition of post; condition; reorganisation;

    Consideration 3

    Extract:

    In order to lower editorial expenditure the complainant's post was abolished and free-lance staff engaged under contract. "[I]n abolishing the complainant's post and assigning her functions to someone engaged under contract the Director-General was giving effect to [the organization's] policy. It is not for the Tribunal to review such policy, whether it relates to the scope of the [organization's] activities or to its methods of work."

    Keywords:

    abolition of post; appointment; discretion; external collaborator; judicial review; organisation's interest; reorganisation;

    Consideration 2

    Extract:

    "Far from being determined once and for all, the purposes and structure of an organisation must move with the times and no institution is immune to change. According to circumstances such change in an organisation may entail the abolition of posts. Even if there is no express provision in the Staff Regulations or Staff Rules for such a measure, it is implicit in the principle that no organisation is bound to [conserve] the purposes and policies which it adopted at any particular time [in the past]."

    Keywords:

    abolition of post; consequence; organisation's interest; reorganisation;

    Consideration 3

    Extract:

    "[T]he abolition of post was not directed personally at the complainant. On the contrary, two other [officials serving as] editors and the art director lost their posts at about the same time. There is therefore no question of abuse of authority."

    Keywords:

    abolition of post; abuse of power; misuse of authority; reorganisation; staff reduction;



  • Judgment 251


    34th Session, 1975
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "In this case the décision not to extend or convert the complainant's appointment is not tainted with any irregularity which entitles the Tribunal to interfere. That decision is based on the abolition of the complainant's post - made redundant by the installation of three computers - and that is a plausible reason for not extending an appointment which has expired."

    Keywords:

    abolition of post; contract; fixed-term; grounds; judicial review; non-renewal of contract; reorganisation;



  • Judgment 133


    21st Session, 1969
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "[T]he evidence in the dossier shows that the abolition of the complainant's post, while not aimed at the complainant personally, formed part of the reorganisation measures taken in accordance with [a conference]. It is immaterial that the duties performed by the complainant were maintained and assigned to other staff members, since the abolition of the post was motivated by objective reasons which do not fall within the competence of the Tribunal."

    Keywords:

    abolition of post; discretion; judicial review; organisation's interest; reorganisation;



  • Judgment 106


    17th Session, 1967
    United International Bureaux for the Protection of Intellectual Property
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It is established by the [evidence] that the change in [the complainant's] duties was the result of the reorganisation in some of the organisation's services [...] and that [he] freely accepted the post of chief of this new service, the real importance of which does not depend on whether it was of a permanent or temporary character. Hence [the] complainant's argument that the change in his situation [...] was not justified by the interests of the service and constituted downgrading is not well founded."

    Keywords:

    acceptance; assignment; organisation's interest; reorganisation; transfer;

    Consideration 5(B)

    Extract:

    "The Director [...] was entitled to undertake a general reclassification of staff members within the prescribed grades at the time the new system was introduced, and [...] for the purpose of this reclassification the duties formerly performed by the staff members concerned had to be taken into account, but only as one factor among others."

    Keywords:

    amendment to the rules; organisation's duties; post classification; reorganisation; staff regulations and rules;

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