Purpose (627,-666)
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Keywords: Purpose
Total judgments found: 134
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Judgment 3240
115th Session, 2013
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the Organization had acted in breach of its own rules on performance appraisal and probationary periods.
Consideration 21
Extract:
"It is a well-established principle governing probation that in addition to “[identifying] in a timely fashion the unsatisfactory aspects of the performance so that remedial steps may be taken”, an organisation must also “give a specific warning that the continued employment is in jeopardy” (see Judgment 2788, under 1)."
Reference(s)
ILOAT Judgment(s): 2788
Keywords:
organisation; organisation's duties; probationary period; purpose; unsatisfactory service; warning; work appraisal;
Judgment 3214
115th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully impugns the decision not to extend his appointment beyond retirement age.
Consideration 9
Extract:
"[T]he essential purpose of the staff regulations of an international organisation is to promote that organisation’s interests while at the same time safeguarding the rights of its staff."
Keywords:
official; organisation's interest; purpose; right; safeguard; staff regulations and rules;
Judgment 3208
115th Session, 2013
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the termination of his contract following the abolition of his post.
Consideration 11
Extract:
"As the Tribunal has noted, the right to an internal appeal is a safeguard enjoyed by international civil servants (see Judgment 2781). If the ultimate decision-maker rejects the conclusions and recommendations of the internal appeal body, the decision-maker is obliged to provide adequate reasons (see Judgments 2278, 2355, 2699, 2807 and 3042). The value of the safeguard is significantly eroded if the ultimate decision-making authority can reject conclusions and recommendations of the internal appeal body without explaining why. If adequate reasons are not required, then room emerges for arbitrary, unprincipled or even irrational decision-making."
Reference(s)
ILOAT Judgment(s): 2278, 2355, 2699, 2781, 2807, 3042
Keywords:
bias; case law; decision; duty to substantiate decision; executive head; grounds; impugned decision; internal appeals body; motivation of final decision; organisation's duties; purpose; recommendation; refusal; safeguard;
Judgment 3193
114th Session, 2013
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges both the reclassification of a vacant post and the appointment to that post of another staff member.
Consideration 9
Extract:
"In Judgment 2803, under 8, the Tribunal observed that “according to a long line of precedent going back to Judgment 476, in order for there to be misuse of authority it must be established that the decision rested on considerations extraneous to the Organization’s interests”. Additionally, the staff member alleging abuse of authority bears the burden of establishing the improper purpose for which the authority was exercised (see Judgment 2104, under 8). It is also equally well established that the executive head of the organisation will generally be regarded as the best judge of what is in the organisation’s interests and the Tribunal will not normally interfere with that assessment. However, it is not sufficient to claim that a decision was taken in the interests of the organisation. The grounds upon which that conclusion is made must be clear to permit the Tribunal to exercise its power of review."
Reference(s)
ILOAT Judgment(s): 2104, 2803
Keywords:
abuse of power; discretion; duty to substantiate decision; executive head; judicial review; misuse of authority; organisation's interest; purpose;
Judgment 3185
114th Session, 2013
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges her performance evaluation report, alleging personal prejudice and discrimination on the part of her direct supervisor.
Consideration 5(b)
Extract:
"In principle, a supervisor cannot be criticised for recording the mistakes and errors of a subordinate with a view to preparing that person’s periodical performance evaluation, provided that the purpose of that action is, on the one hand, to ensure that the rating will be objective and, on the other hand, to increase the service’s efficiency by improving the performance of the person concerned. In the instant case, however, it is plain from the evidence that this practice was consistently applied to the complainant in order to stigmatise her shortcomings. [...] Her [evaluation] report is thus tainted with a serious flaw which justifies that it be set aside".
Keywords:
breach; equal treatment; flaw; organisation's interest; performance report; purpose; rating; supervisor; unsatisfactory service; work appraisal;
Judgment 3070
112th Session, 2012
International Office of Epizootics
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"According to the Tribunal's case law, a staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service, so as to be in a position to remedy the situation. Moreover, he or she is entitled to have objectives set in advance so that he or she will know the yardstick by which future performance will be assessed (see Judgment 2414, under 23). Precedent also has it that the procedure used for drawing up a performance appraisal forming the basis of a dismissal decision must always be adversarial (see, in particular, Judgments 2468, under 17, and 2515, under 18)."
Reference(s)
ILOAT Judgment(s): 2414, 2468, 2515
Keywords:
adversarial proceedings; criteria; date; duty to inform; organisation's duties; purpose; right; termination of employment; time limit; unsatisfactory service; work appraisal;
Judgment 3067
112th Session, 2012
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
"[T]he very purpose of a conciliation procedure, which is to endeavour to resolve a dispute between the parties amicably, implies that the conciliator may have to take account of considerations of fairness or advisability. In this respect, such a procedure is fundamentally different from proceedings before the Tribunal, whose task is plainly not to explore possible settlements between the parties and which essentially gives a ruling in law."
Keywords:
competence of tribunal; difference; equity; purpose; settlement out of court;
Judgment 3064
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"[I]n its report [...], the Joint Advisory Appeals Board "encourage[d] [the Human Resources Development Department] and the responsible chiefs of the complainant and of her head of section to pursue and step up their efforts to promote better communication and working relations" within the [complainant's unit] and [...] the letter of 18 March 2008 indicated that the Director-General had "endorse[d] this recommendation". The Administration was therefore under an obligation to pursue and step up the efforts in question. However, the evidence on file does not show that the Administration used all the means at the disposal of an organisation such as the ILO to achieve the desired result. The fact that the complainant chose to lodge an appeal in order to seek recognition of her rights did not exempt the Organization from its obligations towards one of its officials to whom it owed a duty of care and who has not been found to have committed any fault."
Keywords:
acceptance; consequence; duty of care; executive head; internal appeals body; misconduct; organisation's duties; purpose; recommendation; report; right; right of appeal; working relations;
Judgment 3043
111th Session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"[A]d personam promotion constitutes advancement on merit to reward an employee for services of a quality higher than that ordinarily expected of the holder of the post. In the absence of any provision to the contrary, it is an optional and exceptional discretionary measure which is subject to only limited review by the Tribunal (see Judgments 1500, under 4, and 1973, under 5). This kind of promotion should certainly not be granted as redress for an alleged injury, as the complainant requests. The advancement of an official naturally obeys its own logic related to the classification of the job done and the professional merit of the person in question, which has nothing to do with the logic behind compensation for injuries which may have been caused to this person by the international organisation employing him or her (see Judgment 2706, under 8)."
Reference(s)
ILOAT Judgment(s): 1500, 1973, 2706
Keywords:
claim; compensation; compensatory measure; definition; discretion; exception; injury; judicial review; limits; no provision; organisation; personal promotion; post; post classification; purpose; refusal; request by a party; satisfactory service; work appraisal;
Judgment 3020
111th Session, 2011
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
WTO Staff Rule 106.11 provides that "[n]ational income tax on salaries, allowances, indemnities or grants paid by the WTO shall be refunded to the staff member by the WTO." The complainant considers that her salary is indirectly taxed, because it is included in the assessment of her husband's rate of income tax. The Organization rejected her claims for reimbursement of what she describes as "over-taxation by the Swiss tax authorities". The Tribunal holds that "[t]he refusal to provide compensation for the additional amount of tax unfairly levied on the couple's income solely because of the complainant's earned income, although it was exempt from taxation, would have a paradoxical effect. A rule designed to guarantee equal wages would lead to unjustifiable inequality between an official whose earned income was unduly taxed although it was by law exempt from taxation and an official whose tax-exempt salary was taken into account for assessment purposes, thus reducing his/her spouse's disposable income after tax and therefore his/her economic capacity from which the official living with him/her naturally benefits. The impugned decision is therefore unlawful."
Reference(s)
Organization rules reference: WTO Staff Rule 106.11
Keywords:
allowance; breach; compensatory allowance; decision quashed; deduction; domestic law; effect; equal treatment; grounds; marital status; official; organisation; payment; purpose; rate; reckoning; recovery of overpayment; reduction of salary; refund; refusal; request by a party; safeguard; salary; staff regulations and rules; status of complainant; tax; written rule;
Judgment 3018
111th Session, 2011
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"[A repatriation] grant [...] is intended to assist internationally recruited staff members in the efforts required of them if they decide, at the end of their employment, to return to their country of origin with the intention of establishing themselves there."
Keywords:
decision; definition; non-local status; official; place of origin; purpose; repatriation allowance; separation from service;
Judgment 3010
111th Session, 2011
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
Abolition of post and termination of contract following restructuring / Failure by the Organization to consult the joint advisory body (Appointment and Promotion Board) prior to terminating the complainant's contract .
"[T]he purpose of a provision requiring referral of the proposed termination of a contract to an advisory body is, as stated in Judgment 2352, 'to allow that body to ensure that all the conditions for taking such a step are met, with a view to submitting a recommendation to the executive head'".
Reference(s)
ILOAT Judgment(s): 2352
Keywords:
advisory body; condition; contract; decision; executive head; provision; purpose; recommendation; termination of employment;
Judgment 2996
110th Session, 2011
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15-16
Extract:
"While generally speaking there is no reason why an advisory body on medical questions should not comprise the same members when it has to give a series of opinions on developments in the condition of the same official, that is not the case where it is required to give a second opinion on the same request of that person, as occurred here. [...] As the Tribunal found in [...] Judgments 179 and 2671, the rule that members of an advisory body must not examine a case on which they have previously expressed a view applies even in the absence of an express text, since its purpose is to protect officials against arbitrary action."
Reference(s)
ILOAT Judgment(s): 179, 2671
Keywords:
advisory body; bias; composition of the internal appeals body; exception; medical board; medical opinion; no provision; official; organisation's duties; purpose; request by a party; safeguard;
Judgment 2976
110th Session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The purpose of insurance is to indemnify, whether in whole or in part, and not simply to provide a social safety net."
Keywords:
compensation; health insurance; insurance; medical expenses; purpose;
Judgment 2943
109th Session, 2010
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The essence of a recommendation or proposal is that it is directed to some definite course of action."
Keywords:
proposal; purpose; recommendation;
Judgment 2924
109th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[T]he fact that a person was present in a country for the purpose of pursuing his or her studies may well be insufficient to establish permanent residence, particularly if there are strong links to another country."
Keywords:
allowance; criteria; permanent appointment; purpose; residence;
Judgment 2882
108th Session, 2010
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Although rules of procedure must be strictly complied with, they must not be construed too pedantically or set traps for staff members who are defending their rights. If these staff members break such a rule, the penalty must fit the purpose of the rule. Consequently, a staff member who appeals to the wrong body does not on that account forfeit the right of appeal (see Judgments 1734, under 3, and 1832, under 6). [...] The fact that an appeal is mistakenly submitted directly to the Appeal Board, as occurred in this case, cannot entail the irreceivability of the appeal. The Appeal Board has a duty to forward to the Director General any document which is intended for his attention and which has been sent to it in error, in order that it may be treated as a request for review."
Reference(s)
ILOAT Judgment(s): 1734, 1832
Keywords:
breach; due process; executive head; formal requirements; good faith; internal appeal; internal appeals body; interpretation; organisation's duties; proportionality; purpose; receivability of the complaint; right of appeal; staff member's duties; written rule;
Judgment 2847
107th Session, 2009
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The purpose of the family allowances which Eurocontrol pays to officials with dependent children is to contribute financially towards these children's maintenance, and the aim of the rule laid down in [Article 67(2) of the Staff Regulations], according to which the amount of these allowances must be reduced by the amount of allowances of the same kind paid from other sources, such as family allowances paid by a national authority, is to prevent two benefits from being granted concurrently for the same children, since this would plainly result in the unlawful enrichment of the recipient family.
In this regard, the fact that the [national authority] does not make payments to the official himself, but to his spouse (or, as in this case, his partner), is of course immaterial. If the two benefits in question are being paid for the maintenance of the same children, they cannot be drawn simultaneously by the parents without contravening the very purpose of this rule against concurrent benefits."
Reference(s)
Organization rules reference: Article 67(2) of the Staff Regulations governing officials of the Eurocontrol Agency
Keywords:
accumulation; amount; breach; dependent child; domestic law; family allowance; marital status; parent; purpose; rate; staff regulations and rules; unjust enrichment; written rule;
Judgment 2845
107th Session, 2009
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
According to Article 9.8, paragraph 2, of the UPU Staff Regulations, the Director General may, in the interest of the Union, extend the age limit in exceptional cases. The Tribunal considers that "the Director General's refusal to extend the complainant's service beyond the statutory age limit constitutes an act of retaliation [...]. The Director General used his discretionary authority for purposes other than those for which it was intended, thereby committing an abuse of authority. It follows that the impugned decision must be set aside."
Reference(s)
Organization rules reference: Article 9.8, paragraph 2, of the UPU Staff Regulations
Keywords:
abuse of power; age limit; amendment to the rules; career; discretion; exception; executive head; extension beyond retirement age; hidden disciplinary measure; misuse of authority; organisation's interest; purpose; refusal; staff regulations and rules;
Judgment 2790
106th Session, 2009
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"A second decision whose purpose is identical to that of a previous decision may [...] constitute a new decision and set off a new time limit for an appeal if it provides further justification, relates to different issues or is based on new grounds."
Keywords:
decision; definition; difference; grounds; purpose; time limit;
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