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Duty of discretion (494, 495, 496,-666)

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Keywords: Duty of discretion
Total judgments found: 28

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  • Judgment 63


    11th Session, 1962
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The "many breaches of duty imply serious misconduct. Not only did [the complainant] cause so much dissension among the teaching staff and students [...] that the [national] authorities intervened, but he compromised the reputation of [the organization] itself. From an objective point of view, he has incurred a heavy responsibility which is equally heavy if viewed from a subjective point of view. As an intellectual he was bound to be aware of the consequences of his actions and, as an expert on an important mission, he should have been scrupulously careful to show himself worthy of the confidence that had been placed in him."

    Keywords:

    conduct; duty of discretion; organisation's reputation; serious misconduct; staff member's duties;

    Consideration 2

    Extract:

    The complainant failed to comply with several of his obligations under the Staff Rules and Regulations; thus "by communicating to third parties information on official matters which had not been publicised in any way[,] he acted contrary to the duty of discretion defined by [the applicable Regulation]."

    Keywords:

    communication to third party; duty of discretion;



  • Judgment 54


    9th Session, 1961
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "An official [...] elected as a member of the Executive Committee of the Staff Association provided for by [...] the Staff Regulations should, in that capacity, enjoy freedom of action and of expression, on the sole condition that he respect the obligations incumbent upon him as an official of the organization and those incumbent upon international officials generally, and that he observe secrecy in respect of deliberations of joint bodies in which he takes part, or confidential information communicated to him by virtue of his trade union position".

    Keywords:

    duty of discretion; freedom of association; freedom of speech; staff member's duties; staff representative; staff union activity;



  • Judgment 42


    8th Session, 1960
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Whatever the attitude of the WHO authorities, the complainant had no right whatsoever to reveal to a person outside the organization facts that were of concern to the organization only."

    Keywords:

    conduct; duty of discretion; staff member's duties;

    Consideration 2

    Extract:

    The complainant spoke ill of an official of the organization to national authorities. "The complainant's attitude was therefore such as to make [the organization] lose confidence in him. It was incompatible 'with the oath [...] which required him to act 'with the interests of the [organization] only in view' [...] to avoid any action which might adversely reflect on his status [...] and laid on him the obligation to show discretion [...]. In effect, the complainant's conduct was not satisfactory and he showed himself unsuited to international service." The termination of his appointment is warranted.

    Keywords:

    conduct; duty of discretion; fitness for international civil service; probationary period; staff member's duties; termination of employment;



  • Judgment 24


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration (H)

    Extract:

    "In [...] establishing the entire freedom of conscience recognised to international officials in respect of both their philosophical convictions and their political opinions, the Regulations impose on them the duty to abstain from all acts capable of being interpreted as associating them with propaganda or militant proselytism in any sense whatever [...]. This abstention is rigorously imposed on them by the overriding interest of the international organisation to which they owe their loyalty and devotion."

    Keywords:

    duty of discretion; freedom of conscience; organisation's interest; political activity; staff member's duties;



  • Judgment 23


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration (H)

    Extract:

    Vide Judgment 24, consideration (h).

    Reference(s)

    ILOAT Judgment(s): 24

    Keywords:

    duty of discretion; freedom of conscience; organisation's interest; political activity; staff member's duties;

    Consideration (D)

    Extract:

    "The grounds adduced [for the dismissal] are [...] the duty of officials 'to conduct themselves at all times in a manner befitting their status as international civil servants', 'to bear in mind the reserve and tact incumbent upon them by reason of their international status' and at no time to lose sight of the interests of the international organisation for which they serve."

    Keywords:

    conduct; duty of discretion; fitness for international civil service; grounds; staff member's duties; termination of employment;



  • Judgment 22


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration (H)

    Extract:

    Vide Judgment 24, consideration (h).

    Reference(s)

    ILOAT Judgment(s): 24

    Keywords:

    duty of discretion; freedom of conscience; organisation's interest; political activity; staff member's duties;



  • Judgment 21


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration (B)

    Extract:

    Vide Judgment 24, consideration (h).

    Reference(s)

    ILOAT Judgment(s): 24

    Keywords:

    duty of discretion; freedom of conscience; organisation's interest; political activity; staff member's duties;



  • Judgment 17


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration (B)

    Extract:

    Vide Judgment 24, consideration (h).

    Keywords:

    duty of discretion; freedom of conscience; organisation's interest; political activity; staff member's duties;

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