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Safeguard (637,-666)

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Keywords: Safeguard
Total judgments found: 88

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  • Judgment 3253


    116th Session, 2014
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns an unfavourable evaluation report. Her internal appeal having wrongly been rejected as irreceivable, the case is referred back to the internal appeal body.

    Consideration 15

    Extract:

    "[T]he Tribunal has repeatedly emphasised that internal appeals are an important safeguard of staff rights and social harmony (see, for example, Judgment 3184, consideration 15). Also, the internal appeal process is ordinarily an extremely significant element of the entire system of review of administrative decisions affecting the rights of staff employed by organisations which have submitted to the jurisdiction of the Tribunal (see, for example, Judgment 3222, consideration 9). Moreover, every official has an interest in the proper establishment of reports on his or her performance on which her or his career may depend (see, for example, Judgment 3241, consideration 5)."

    Reference(s)

    ILOAT Judgment(s): 3184, 3222, 3241

    Keywords:

    internal appeal; internal appeals body; organisation's duties; performance report; safeguard;



  • 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 3184


    114th Session, 2013
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to suspend him without pay, alleging that it was taken in breach of the rule against double jeopardy.

    Consideration 15

    Extract:

    "The complainant objected, in his memorandum to the Secretary of the Appeals Committee, that three members of the Committee had already considered the same facts in a previous appeal. [...] The Tribunal considers that the specific rule relating to disqualification of members of the Appeals Committee stated in Manual paragraph 331.2.31 is not a complete and exhaustive statement of the circumstances in which a member is disqualified from hearing an appeal. The fundamental function of the internal appeal procedure, which is “an important safeguard of staff rights and social harmony” (see Judgment 1317, under 31), requires that “the members of an internal appeal body should not only be impartial and objective in fact, but that they should so conduct themselves and be so circumstanced that a reasonable person in possession of the facts would not think otherwise. In this last regard, it is necessary only to observe that staff confidence in internal appeal procedures is essential to the workings of all international organisations and to preventing disputes from going outside those organisations” (see Judgment 2671, under 11). If a member of the Appeals Committee had already expressed a concluded view on the merits of an appeal and was later appointed to a new Appeals Committee to express an opinion on the same merits in a later appeal, their impartiality and objectivity could be questioned."

    Reference(s)

    Organization rules reference: Manual paragraph 331.2.31
    ILOAT Judgment(s): 267, 1317

    Keywords:

    bias; composition of the internal appeals body; internal appeal; internal appeals body; organisation's duties; safeguard;



  • Judgment 3127


    113th Session, 2012
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "[T]he right to an internal appeal is a safeguard which international civil servants enjoy in addition to their right of appeal to a judicial authority. Thus, except in cases where the staff member concerned forgoes the lodging of an internal appeal, an official should not in principle be denied the possibility of having the decision which he or she challenges effectively reviewed by the competent appeal body (see, for example, on that point Judgments 2781, under 15, and 3068, under 20)."

    Reference(s)

    ILOAT Judgment(s): 2781, 3068

    Keywords:

    exception; internal appeal; right of appeal; safeguard;



  • Judgment 3115


    113th Session, 2012
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant alleges that senior officials misappropriated funds to the detriment of poor countries. "However, in raising that allegation before the Tribunal, she overlooks the fact that the competence of the Tribunal is clearly and exhaustively defined in Article II of its Statute, from which it follows that the Tribunal cannot interfere either with the policies of the international organisations which have recognised its competence, or with the workings of their administrations, unless a violation of the rights of a staff member is in issue. International civil servants seeking to file a complaint with the Tribunal must show that the decisions they are challenging are such as to affect personal interests of theirs which are protected by the rights and safeguards deriving from the applicable Staff Regulations and Rules, or from the terms of their appointments."

    Reference(s)

    ILOAT reference: Article II of the Statute

    Keywords:

    breach; competence of tribunal; complaint; condition; contract; exception; iloat statute; official; organisation's reputation; provision; right; safeguard; staff member's duties; staff member's interest; staff regulations and rules; supervisor; vested competence; written rule;



  • Judgment 3090


    112th Session, 2012
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "[T]he Tribunal may rule on any employment relationship arising between an organisation and its staff, whether under the terms of a contract or under Staff Regulations. If a decision to appoint an employee, or to terminate his or her employment, is challenged on the grounds that it affects the rights of the person concerned which the Tribunal is competent to safeguard, the Tribunal must rule on the lawfulness of the disputed decision. It is immaterial whether the employee in question was recruited under a contract and whether that contract was for a fixed term. (See Judgment 1272, under 9.)"

    Reference(s)

    ILOAT Judgment(s): 1272

    Keywords:

    appointment; competence of tribunal; contract; duration of appointment; official; right; safeguard; staff regulations and rules; termination of employment; terms of appointment;



  • Judgment 3075


    112th Session, 2012
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "An organisation has the duty to follow its own Rules, and to do its best to ensure the proper functioning of its internal appeal system. The application of time limits in the internal appeal procedure is a safeguard for a proper functioning of the system. The internal appeal procedure is indeed an important step in the remedying of disputes given that an appeal body's competence is broader than that of the Tribunal. Therefore, just as staff members have the duty to pursue their appeals with due diligence, an organisation has the duty to respect the time limits and cannot rely on staff members to monitor the procedures. The possibility of filing a complaint directly with the Tribunal is to be considered a further safeguard for a proper functioning of an internal appeal system and not a fast track for settling a dispute between the parties through a judgment from the Tribunal. Indeed, an internal appeal system which is not fully functional affects the right of defence."

    Keywords:

    delay in internal procedure; direct appeal to tribunal; internal appeals body; organisation's duties; procedure before the tribunal; safeguard; staff regulations and rules; time limit;



  • Judgment 3073


    112th Session, 2012
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "According to the case law, an international organisation which decides to hold a competition in order to fill a post cannot select a candidate who does not satisfy one of the required qualifications specified in the vacancy notice. Such conduct, which is tantamount to modifying the criteria for appointment to the post during the selection process, incurs the Tribunal's censure on two counts. Firstly, it violates the principle of patere legem quam ipse fecisti, which forbids the Administration to ignore the rules it has itself defined. In this respect, a modification of the applicable criteria during the selection procedure more generally undermines the requirements of mutual trust and fairness which international organisations have a duty to observe in their relations with their staff. Secondly, the appointment body's alteration, after the procedure had begun, of the qualifications which were initially required in order to obtain the post, introduces a serious flaw into the selection process with respect to the principle of equal opportunity among candidates. Irrespective of the reasons for such action, it inevitably erodes the safeguards of objectivity and transparency which must be provided in order to comply with this essential principle, breach of which vitiates any appointment based on a competition. (See Judgments 1158, 1646, 2584 and 2712.)"

    Reference(s)

    ILOAT Judgment(s): 1158, 1646, 2584, 2712

    Keywords:

    amendment to the rules; appointment; breach; candidate; competition; condition; criteria; equal treatment; equity; flaw; grounds; organisation's duties; patere legem; safeguard; vacancy notice; working relations; written rule;



  • Judgment 3067


    112th Session, 2012
    Technical Centre for Agricultural and Rural Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "[T]he right to an internal appeal is a safeguard which international civil servants enjoy in addition to their right of appeal to a judicial authority. Consequently, save in cases where the staff member concerned forgoes the lodging of an internal appeal, an official should not in principle be denied the possibility of having the decision which he or she challenges effectively reviewed by the competent appeal body (see, for example, on this point, Judgment 2781, under 15)."

    Reference(s)

    ILOAT Judgment(s): 2781

    Keywords:

    internal appeal; right of appeal; safeguard;



  • Judgment 3041


    111th Session, 2011
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    Abolition of post and termination of appointment following reorganisation / Failure on the part of the Organization to take a final decision on the complainant's appeal / Excessive delay in communicating to the complainant the outcome of the internal appeal procedure.
    "The decision to abolish a post must be communicated to the staff person occupying the post in a manner that safeguards that individual's rights. These rights are safeguarded by giving proper notice of the decision, reasons for the decision and an opportunity to contest the decision. As well, subsequent to the decision there must be proper institutional support mechanisms in place to assist the staff member concerned in finding a new assignment."

    Keywords:

    abolition of post; complainant; decision; duty of care; duty to inform; duty to substantiate decision; organisation's duties; reassignment; right; right of appeal; safeguard; staff member's interest;



  • Judgment 3032


    111th Session, 2011
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 17- 18

    Extract:

    The complainants take the defendant to task for having unlawfully doubled the number of posts to be filled. According to them, any ex post facto change in the legal framework for the competition established by the vacancy notice breaches the principle of transparency of administrative procedures. [...]
    According to the Tribunal's case law, when a vacancy is to be filled, staff members must be given sufficient information to enable them to exercise their rights without facing any unnecessary hindrance. A competition aimed at filling a vacant post must be held under satisfactory conditions of objectivity and transparency, which guarantee that the candidates will receive equal treatment (see, for example, Judgment 2210, under 5, and the case law cited therein).
    In this case, the question is whether the failure to state explicitly in the vacancy notice that there were two senior translator/reviser posts to be filled might have dissuaded some people from submitting applications or prevented the competition from being conducted under satisfactory conditions of objectivity and transparency which guaranteed that the candidates received equal treatment.
    The Tribunal, like the defendant, considers that, given that the qualifications and experience required were exactly the same for the two posts, it cannot reasonably be argued that some people would have applied if they had known that there were two posts instead of just one to be filled. Furthermore, the complainants, who entered the competition anyway, were not adversely affected by that circumstance.
    It follows that, since the error committed in the vacancy notice did not taint the competition with any procedural flaw, the plea must be rejected.

    Reference(s)

    ILOAT Judgment(s): 2210

    Keywords:

    appointment; candidate; competition; duty to inform; equal treatment; formal requirements; official; organisation's duties; procedure before the tribunal; right of appeal; safeguard; selection procedure; vacancy;



  • 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 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 2938


    109th Session, 2010
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Tribunal has determined that a staff member on leave on personal grounds is ipso facto no longer performing the duties of his former post and that, although during this leave he continues to be an official, the rights arising from the performance of his duties - remuneration, promotion, guarantee of employment, etc. - are suspended until he is reinstated. In the interests of the service the Agency may therefore use the vacant post (see Judgment 416, under 2). At the end of leave on personal grounds the employer nonetheless has a duty to reinstate the official provided that the two cumulative conditions laid down by [...] Article 40 [of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre] are met: firstly, there must be a vacant post and, secondly, the staff member must be qualified for it (see Judgment 2034, under 11). This duty must be fulfilled promptly and with due regard for the dignity of the staff member concerned and the principle of good faith."

    Reference(s)

    Organization rules reference: Article 40 of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre
    ILOAT Judgment(s): 416, 2034

    Keywords:

    accumulation; assignment; compassionate leave; condition; consequence; general principle; good faith; organisation's duties; organisation's interest; period; post held by the complainant; promotion; qualifications; reinstatement; respect for dignity; right; safeguard; salary; security of tenure; special leave; staff regulations and rules; status of complainant; vacancy;



  • Judgment 2917


    109th Session, 2010
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The signing of a document with such important implications for the future career of a staff member is not a mere formality, and insistence on absolute compliance with this rule cannot be dismissed as an unduly formalistic approach. The provision requiring that the appraisal form be signed not only by the direct supervisor of the staff member concerned but also by other persons [...] is designed to guarantee oversight, at least prima facie, of the objectivity of the report. The purpose of such a rule is to ensure that responsibilities are shared and that the staff member who is being appraised is shielded from a biased assessment by a supervisor, who should not be the only person issuing an opinion on the staff member's skills and performance."

    Keywords:

    bias; formal flaw; formal requirements; organisation's duties; performance report; safeguard; staff regulations and rules; work appraisal;



  • Judgment 2916


    109th Session, 2010
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "[E]ven though notification of non-renewal is simply notification that the contract will expire according to its terms, the Tribunal's case law has it that that notification is to be treated as a decision having legal effect for the purposes of Article VII(1) of its Statute [...]. Accordingly, it may be challenged in the same way as any other administrative decision."

    Reference(s)

    ILOAT reference: Article VII, paragraph 1, of the Statute
    ILOAT Judgment(s): 1317, 2573

    Keywords:

    case law; contract; decision; fixed-term; non-renewal of contract; notice; right of appeal; safeguard; staff regulations and rules;



  • Judgment 2899


    108th Session, 2010
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "As the Tribunal recently confirmed in Judgment 2781, under 15, the right to an internal appeal is a safeguard which international civil servants enjoy in addition to their right of appeal to a judicial authority. Consequently, save in cases where the staff member concerned forgoes the lodging of an internal appeal, an official should not in principle be denied the possibility of having the decision which he or she challenges effectively reviewed by the competent appeal body."

    Reference(s)

    ILOAT Judgment(s): 2781

    Keywords:

    internal appeal; right of appeal; safeguard;



  • Judgment 2832


    107th Session, 2009
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7-8

    Extract:

    The complainant retired on 1 March 2007. Having been informed of the appointment, with effect from 1 June 2007, of a number of grade A3 examiners to appeal board member posts at grade A5, he field an internal appeal against the appointments in question. The EPO contends that the complainant, given his status as a retiree, has no cause of action.
    "It has to be acknowledged that this objection to receivability is well founded. [...] It is true that the Tribunal's case law as set forth, inter alia, in Judgments 1330, 2204 and 2583, does not make a complaint's receivability depend on proving certain injury. It is sufficient that the impugned decision should be liable to violate the rights or safeguards that international civil servants enjoy under the rules applicable to them or the terms of their employment contract. Thus, where a decision is taken, for instance, to appoint a staff member to a particular post, another staff member's interest in challenging such an act does not depend on whether he or she had a relatively good chance of being appointed to the post in question (see, for example, Judgments 1223 and 1272). However, as demonstrated by the same case law, the person concerned must be eligible to occupy the post; otherwise he or she could not be deemed to be legally affected by the disputed appointment. This condition is clearly not met in the present case, because the complainant could not, on account of his retirement, aspire to be appointed as a member of an appeal board with effect from 1 June 2007 and because the disputed decisions therefore had no impact on his own situation."

    Reference(s)

    ILOAT Judgment(s): 1223, 1272, 1330, 2204, 2583

    Keywords:

    appointment; case law; cause of action; complaint; condition; consequence; contract; date; decision; injury; internal appeal; official; post; provision; receivability of the complaint; retirement; right; safeguard; staff regulations and rules; status of complainant;



  • Judgment 2757


    105th Session, 2008
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    "[I]t is a fundamental aspect of due process that a person should not take a decision in a matter in which he or she has a personal interest. [However, in] some circumstances, necessity will direct that a decision be taken by a person with a direct personal interest in the outcome."

    Keywords:

    bias; decision; due process; exception; organisation's interest; safeguard; settlement out of court; staff member's interest;

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Last updated: 07.03.2024 ^ top