Conduct (492, 493, 494, 495, 496, 497, 500, 501, 502, 503, 504, 505, 506,-666)
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Keywords: Conduct
Total judgments found: 119
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Judgment 1312
76th Session, 1994
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The complainant started divorce proceedings and was charged with acting against "law and morals" in his home country and was held there against his will. He was unable to return to his duty station at the end of his home leave and the Agency decided not to renew his appointment. "Circumstances relating to an official's private life - even though they may prompt civil or penal proceedings - are relevant in the area of administration only insofar as they may affect his performance of official duties."
Keywords:
conduct; contract; fitness for international civil service; fixed-term; municipal court; non-renewal of contract; outside activity; staff member's duties;
Judgment 1221
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The complainant's appointment expired on 31 March 1992 and there was no reason why the organization should renew it. In the light of all the material circumstances, including her behaviour, the Tribunal disallows her claim to reinstatement."
Keywords:
complainant; conduct; contract; fixed-term; non-renewal of contract; refusal; reinstatement; request by a party; tribunal;
Judgment 1210
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was accused of misappropriation of funds. After an investigation he was dismissed for misconduct. He submits that the penalty of dismissal is disproportionate to his offence. "There is no evidence before the Tribunal to suggest that the penalty of dismissal was in any way excessive or unreasonable in the circumstances of this case."
Keywords:
conduct; disciplinary measure; inquiry; investigation; proportionality; termination of employment;
Judgment 1208
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant objected to the content of her performance appraisal and requested so-called conciliation proceedings under Section 331 of Annex E to the FAO Manual. The Tribunal holds that "the process of conciliation was not properly followed: if it had been, allegations of unsatisfactory conduct would have been distinguished from allegations of unsatisfactory service. That is a distinction that the Tribunal drew in an earlier case against the FAO [...]: see Judgment 247, under 12 and 13."
Reference(s)
Organization rules reference: SECTION 331, ANNEX E, FAO MANUAL
ILOAT Judgment(s): 247
Keywords:
conduct; due process; performance report; procedure before the tribunal; report; staff regulations and rules; unsatisfactory service; work appraisal;
Judgment 1179
73rd Session, 1992
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant wishes to have three allegedly damaging memoranda removed from his personal file. "There is no reason to have them struck from his [...] file. First, they merely bear witness to his attitude at a particular time, and he had an opportunity of discussing them with the authors and to question what they said: there was therefore no breach of his right to a hearing. Secondly, and above all, they afforded the basis for the reservation about his conduct in his periodical report and were essential to an understanding of the context in which the report was written."
Keywords:
conduct; performance report; personal file; right to reply;
Judgment 1163
72nd Session, 1992
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7 and 9
Extract:
FAO Manual paragraph 308.411 provides for the award of a within-grade salary increment to officials whose service, during a "qualifying period", is satisfactory. The complainant had her annual increment withheld. "Although difficulties were found in the complainant's attitude towards other staff, [her performance reports] do not show such a pattern of conduct as to impair the quality of her work on the assignments she was given. [...] The conclusion is that the conditions in the case law for withholding an increment were not met and that the organization committed a mistake of law in construing and applying 308.411."
Reference(s)
Organization rules reference: FAO MANUAL PARAGRAPH 308.411
ILOAT Judgment(s): 247
Keywords:
accumulation; case law; condition; conduct; enforcement; grounds; increment; increment withheld; interpretation; satisfactory service; staff regulations and rules; step; unsatisfactory service; working relations;
Judgment 1162
72nd Session, 1992
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
The complainant objects to two written warnings she got. The wording of Manual paragraph 314.221 is imprecise about what sort of conduct will warrant a warning: "it speaks of 'failure to perform prescribed duties in a satisfactory manner'. To explain how the paragraph is to be applied in practice, however, the paragraph gives in brackets some illustrations of cases of such failure [...] The draughtsman gives in brackets what are no more than examples intended to help in construing the text: they are not cumulative conditions for applying it."
Reference(s)
Organization rules reference: FAO MANUAL PARAGRAPH 314.221
Keywords:
accumulation; condition; conduct; grounds; interpretation; staff regulations and rules; warning;
Considerations 3-5
Extract:
The complainant objects to two written warnings she got. The reason the FAO gives for them was her failure to maintain "harmonious working relationships", which is one of the cases mentioned in Manual paragraph 314.221. "Such a reason affords a sound basis in law for the warnings and is in itself sufficient provided that it rests on true allegations of fact. The complainant is therefore mistaken in her view that there must also have been [others] since the only grounds given for the warnings are factually correct and warrant the impugned decisions, the complainant's objections must fail."
Reference(s)
Organization rules reference: FAO MANUAL PARAGRAPH 314.221
Keywords:
accumulation; condition; conduct; duty to substantiate decision; grounds; interpretation; staff regulations and rules; warning;
Judgment 1128
71st Session, 1991
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Two police reports show that the complainant was held in disfavour by the local authorities at two duty stations. As a result his appointment was not renewed. "On the evidence the Tribunal is satisfied not only that the Organization's doubts about the complainant were legitimate but also that it was free to conclude that he was unsuitable for future assignments and, more particularly, to fear that, if granted any further assignment, he might not, as was his duty under [Regulation] 301.014, behave 'in a manner befitting [his] status' as an international civil servant and with proper 'reserve and tact'."
Reference(s)
Organization rules reference: FAO STAFF REGULATION 301.014
Keywords:
conduct; contract; duty of discretion; fitness for international civil service; fixed-term; non-renewal of contract; staff member's duties;
Judgment 1115
71st Session, 1991
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The reason why the complainant was given an unsatisfactory rating for conduct was that, as he does not deny, he had disclosed his superior's 'day'. That was a clear breach of Regulation 1.7", which bars officials from communicating information known to them by reason of their official position which has not been made public.
Reference(s)
Organization rules reference: WIPO STAFF REGULATION 1.7
Keywords:
communication to third party; conduct; confidential evidence; duty of discretion; staff member's duties;
Considerations 6-7
Extract:
The complainant wants the Tribunal to set aside two reports which describe his work as unsatisfactory as well as decisions to suspend his salary step increase and not to extend his appointment. He alleges bad faith and abuse of authority on the part of the administration. There is conflicting evidence. "A complainant must discharge the burden of proof and satisfy an internal appeal body or the Tribunal that the balance of probability is that his allegations of fact are true. [...] The Tribunal has [...] considered all the evidence, including a transcript of a recording the complainant secretly made of a conversation with his supervisor. It finds that he has not discharged the burden of proving his allegations".
Keywords:
abuse of power; appraisal of evidence; burden of proof; complainant; conduct; contract; evidence; fixed-term; good faith; increment withheld; lack of evidence; misuse of authority; non-renewal of contract; performance report; recording; unsatisfactory service;
Judgment 1070
70th Session, 1991
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant was dismissed under ITU Staff Rule 10.1.1a) for having claimed and accepting reimbursement for treatment whose costs had already been met by other schemes. He alleges denial of his right to a hearing and his right to see the case records. "The Tribunal is satisfied that he had ample opportunity to find out exactly what the serious charges against him were and to state his case at each point in the proceedings."
Reference(s)
Organization rules reference: ITU STAFF RULE 10.1.1A)
Keywords:
conduct; disclosure of evidence; right to reply; serious misconduct; termination of employment;
Judgment 1061
70th Session, 1991
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Freedom of speech must be protected particularly for officers of a staff association, so that they are not hampered in their task of representing the membership when in dispute with the administration. But there are limits on such freedom. A staff representative's public statements must not impair the dignity of the international civil service: indeed he is under a special obligation not to abuse his rights by using expressions or resorting to behaviour incompatible with the decorum appropriate to his status both as an international civil servant and as an elected staff representative." (Vide Judgments 87 and 911.)
Reference(s)
ILOAT Judgment(s): 87, 911
Keywords:
conduct; duty of discretion; fitness for international civil service; freedom of speech; staff member's duties; staff representative; staff union;
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; termination of employment;
Judgment 1028
69th Session, 1990
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 14-15, Summary
Extract:
The complainant was issued a reprimand after putting down insulting remarks about his supervisors on his staff report. Article 47(1) of the EPO Service Regulations says that employees "shall be entitled to make any comments" they consider relevant on their staff report. But the Tribunal holds that "the freedom of speech that provision safeguards plainly affords no excuse for insult and libel." The choice of sanction is wholly warranted.
Reference(s)
Organization rules reference: ARTICLE 47(1) OF THE EPO SERVICE REGULATIONS
Keywords:
censure; conduct; disciplinary measure; freedom of speech; performance report; rebuttal;
Judgment 969
66th Session, 1989
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"The language (in the documents typed by the complainant) was obviously calculated to intimidate by threats to the life of senior officers of the organization. Participation in preparing such documents amounted to inadmissible conduct which fell within the prohibition of the Rules and merited summary dismissal."
Keywords:
conduct; disciplinary measure; serious misconduct; summary dismissal; termination of employment;
Judgment 956
66th Session, 1989
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal is satisfied that it was open to the Director-General to come to the view that what the complainant had done [import a firearm] was, to quote the letter of 14 May 1986, 'harmful to the FAO's good name in the host country' and, being behaviour unworthy of an international civil servant, had been contrary to Staff Regulation 301.014.
Reference(s)
Organization rules reference: FAO STAFF REGULATION 301.014
Keywords:
conduct; contract; discretion; fitness for international civil service; fixed-term; misconduct; non-renewal of contract; organisation's reputation;
Judgment 937
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The complainant submits that none of "the charges supporting his dismissal for misconduct [...] amounts in itself to misconduct. Indeed some of them do not, but what is serious is that there are several."
Keywords:
conduct; disciplinary measure; misconduct; serious misconduct; termination of employment;
Considerations 17-18
Extract:
The complainant argues that the definition of misconduct in the FAO Manual does not fit the charges: the organization's reputation cannot suffer from inside squabbling. "The plea is mistaken. Harm to the organization's good name does not require the knowledge of the public at large since reputation may be impaired even within a closed community."
Keywords:
conduct; definition; misconduct; organisation's reputation; termination of employment;
Judgment 843
63rd Session, 1987
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal holds that the transfer, later reversed, to a post three grades lower was unlawful. Although the complainant's attitude may not have been beyond reproach, he suffered moral injury and loss of reputation. Under the circumstances, the amount of compensation provided by the impugned decision is too small and the Tribunal increases it from the equivalent of two to six months' take-home salary.
Keywords:
conduct; downgrading; material damages; moral injury; professional injury; transfer;
Judgment 824
62nd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal may not replace with its own the Director-General's assessment of a staff member's conduct, work and qualifications. All it may do in the matter of an appointment, promotion or transfer is review the decision to see whether it was taken without authority, or whether there was a procedural or formal flaw, or a mistake of law or of fact, or abuse of authority, or a mistaken conclusion from the evidence, or whether some essential fact was overlooked."
Keywords:
appointment; conduct; discretion; judicial review; promotion; qualifications; transfer; work appraisal;
Judgment 807
61st Session, 1987
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 16-17
Extract:
"The sole and obvious purpose [of the impugned decisions] was to get rid of someone whose work was, in the administration's view, no longer satisfactory and whose presence was disrupting the section. The dismissal is therefore tainted with abuse of authority and the decisions challenged must be set aside."
Keywords:
abolition of post; abuse of power; conduct; grounds; misuse of authority; termination of employment; unsatisfactory service; working relations;
Judgment 630
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Only where the staff member's behaviour makes the situation intolerable may the administration contemplate giving him no work at all, and the decision will still be subject to judicial review. The same is true where a staff member commits gross misconduct, but for that provision is made in the staff regulations in the form of suspension with pay pending administrative investigation."
Keywords:
conduct; inquiry; investigation; judicial review; refusal to assign work; serious misconduct; staff regulations and rules; suspension;
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