Organisation (71, 73, 74, 673,-666)

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Keywords: Organisation
Total judgments found: 211

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• Judgment 2091

  
  92nd Session, 2002
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 10 and 12

  Extract:

  The complainant had an accident while on duty. He signed a settlement agreement with the organisation and the CERN Pension Fund in order to solve the issue of the payment of an incapacity pension by the pension fund. "The ESO submits the complaint is not receivable as it does not allege non-observance of the terms of the complainant's appointment or of the [organisation]'s rules and regulations [...]. The Tribunal considers that since the settlement between the complainant, the [organisation] and the CERN Pension Fund arises out of the complainant's rights under his contract of employment as well as the Staff Rules and Regulations, it has jurisdiction to consider the effect of the trilateral agreement."

  Keywords:

  breach; cern pension fund; competence of tribunal; complainant; complaint; consequence; contract; definition; effect; iloat; incapacity; judicial review; organisation; payment; pension; professional accident; provision; receivability of the complaint; right; service-incurred; staff regulations and rules;
  

  
  
  

• Judgment 2083

  
  92nd Session, 2002
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 8-9

  Extract:

  The complainant suffered from retinal detachments and a detachment of the vitreous. The organization recognised her eye condition as service incurred. In "September 1998 [...] the [organization] decide[d] to stop reimbursing the bills [she submitted] on [the] grounds [...] that curing her retinal detachments was no longer the object of the treatment. However, it did not show that the service-incurred injuries were not a "direct and principal" cause of the treatment [... ] The Tribunal takes the view that although, as the organization says, the decision to stop reimbursing the bills was at the discretion of the Director-General, it could not be taken without an independent expert medical opinion obtained through a process which provides all the safeguards of transparency and impartiality." The case is therefore sent back to the organization.

  Keywords:

  consequence; decision; discretion; due process; executive head; expert inquiry; grounds; illness; independence; lack of evidence; medical expenses; medical opinion; organisation; organisation's duties; procedure before the tribunal; professional accident; refund; refusal; safeguard; service-incurred;
  

  
  
  

• Judgment 2081

  
  92nd Session, 2002
  European Molecular Biology Laboratory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "Consistent precedent has it that an organisation is ordinarily free to determine the pay of its staff, provided that it respects certain requirements arising from general principles of international civil service law [...] Furthermore, if the organisation has a rule granting certain rights to staff members in relation to their level of salary, it may not depart from that rule in individual decisions without amending it in accordance with the prescribed procedure."

  Keywords:

  amendment to the rules; amount; case law; condition; discretion; formal requirements; general principle; individual decision; international civil service principles; official; organisation; organisation's duties; provision; right; salary; staff regulations and rules;
  

  
  
  

• Judgment 2080

  
  92nd Session, 2002
  Organisation for the Prohibition of Chemical Weapons
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 14-15

  Extract:

  "The Director-General, in exercise of his discretionary authority and taking into account the overall interests of the organisation, decided that the [complainant's] post [...] should be redefined and that [his] contract should not be renewed. The Tribunal accepts that the organisation was entitled to adapt to changes and to modify the job description for the given post in view of the organisation's future needs."

  Keywords:

  amendment to the rules; contract; decision; discretion; executive head; non-renewal of contract; organisation; organisation's interest; post description; post held by the complainant; reorganisation; right;
  

  
  
  

• Judgment 2067

  
  91st Session, 2001
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 17

  Extract:

  "The [organization] did fail in the duty incumbent on all international organisations to treat staff members with dignity and avoid causing them undue and unnecessary injury [...] [It] was aware of the unhealthy working atmosphere [...] the complainant [had to face]. That atmosphere was allowed to linger 'without the necessary assistance being given to sort matters out'."

  Keywords:

  failure to answer claim; misconduct; organisation; organisation's duties; respect for dignity; working relations;
  

  
  
  

• Judgment 1889

  
  87th Session, 1999
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 6-7

  Extract:

  The complainant was assigned to Chad in 1991 and contracted Hepatitis B in 1993. "The Appeals Committee considers that the medical service did not completely fulfil its role and did not offer the staff member concerned the advice that it could have supplied. The Appeals Committee even refers to responsibility being equally shared'. In practice, there could be no grave fault of the medical service incurring the responsibility of the organization unless the protective measures recommended by a competent authority had been disregarded. In the material case, the organization demonstrates that in 1991 [...] the World Health Organization's guidelines did not specifically recommend vaccination against Hepatitis B for persons posted to African countries affected by an endemic illness of this type."

  Keywords:

  breach; illness; liability; medical consultant; negligence; no provision; organisation; organisation's duties; rule of another organisation; service-incurred;
  

  
  
  

• Judgment 1888

  
  87th Session, 1999
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "Both the Regional Board and the Headquarters Board of Appeal made a specific finding that the appeals were receivable, but the Tribunal's case law establishes that notwithstanding such findings it is still open to the organization to submit the question of the receivability of the internal appeal to the Tribunal."

  Reference(s)

  ILOAT Judgment(s): 575
  

  Keywords:

  case law; internal appeal; internal appeals body; organisation; receivability of the complaint; recommendation; report; right;
  

  
  
  

• Judgment 1780

  
  85th Session, 1998
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6(a)

  Extract:

  "According to consistent precedent both employer and employee must show good faith. For the Organisation, that means giving its staff notice of any facts or rules that may influence their dealings with it [...]. But [...] the Organisation will not be financially liable unless the staff member has suffered financial injury."

  Keywords:

  case law; duty to inform; good faith; injury; liability; material injury; organisation; organisation's duties; staff member's interest;
  

  
  
  

• Judgment 1730

  
  84th Session, 1998
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 14

  Extract:

  "Like any other organisation in the United Nations system, the FAO has a duty to ensure that its staff attain the highest standards of efficiency and technical competence. The arrangements made with the Chinese government up to 1992 prevented the Organization from exercising its own discretion about the level of competence of Chinese recruits. The fact that the arrangements have ceased is to be welcomed and any surviving anomalies should be corrected, not perpetuated."

  Keywords:

  appointment; discretion; flaw; independence; organisation; procedure before the tribunal;
  

  
  
  

• Judgment 1661

  
  83rd Session, 1997
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6(a)

  Extract:

  "Time and again the complainant broke customs regulations to the detriment of the host State under cover of privileges that the Organization is granted in order to carry out its mandate. His conduct was such as to undermine the trust it must enjoy and to compromise the attainment of its objectives. That there was misconduct is indeed beyond gainsaying, especially in someone of his position who went on breaking the rules even after a warning in 1975."

  Keywords:

  organisation; organisation's interest; privileges and immunities; serious misconduct; warning;
  

  
  
  

• Judgment 1659

  
  83rd Session, 1997
  European Free Trade Association
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  Having lost three out of seven members and having a "working budget that was but a fraction of what it had been before, it was therefore only reasonable for [EFTA] to consider overhauling the Secretariat and go ahead with the abolition of units and then of posts. [...] It was the EFTA Council of seven member States that resolved to wind up the Secretariat, pay off the permanent employees and let fixed-term appointments run out. It saw that as the only proper course because of political uncertainty and lack of money to pay the staff after 30 June 1995. The seven States also wanted to safeguard the freedom of the four remaining members to set up a smaller Secretariat which matched the smaller membership. There was no mistake of law in the Council's reasoning."

  Keywords:

  abolition of post; budgetary reasons; discretion; judicial review; member state; non-renewal of contract; organisation; reorganisation; separation from service; termination of employment;
  

  
  
  

• Judgment 1641

  
  83rd Session, 1997
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7(c)

  Extract:

  "Though an organisation must observe acquired rights and keep binding promises, it has broad discretion to amend its Staff Regulations either directly or by incorporating the rules of the common system. In the present economic context and if, like many others, it is in financial straits, it may want to cut costs. There is nothing wrong with the common system's having rules that enable it to do so."

  Keywords:

  acquired right; amendment to the rules; budgetary reasons; coordinated organisations; discretion; limits; organisation; organisation's duties; organisation's interest; promise; purpose; reduction of salary; staff regulations and rules;
  

  Consideration 4

  Extract:

  The Tribunal holds that "if [the rules for reckoning post adjustments] reflect the current state of the employment market and the financial straits that some organisations are in, the Commission and the Organization may not be held liable on that account."

  Keywords:

  adjustment; budgetary reasons; decision; icsc decision; organisation; salary; scale;
  

  Consideration 2

  Extract:

  The case concerns the "general methodology" which provides the procedure for the salary surveys done under the auspices of the International Civil Service Commission (ICSC) and which permits adjustments in pay. The ICSC and the United Nations were granted leave to intervene, but the complainants object to the intervention by the UN. "Under Article 13, paragraph 3, of the Rules of the Tribunal the President may allow submissions from a third party." The Tribunal holds that it was appropriate to allow the United Nations to comment, "the aim being to make for uniform application of the rules to the organisations of the United Nations 'common system'."

  Reference(s)

  ILOAT reference: ARTICLE 13(3) OF THE RULES
  
  

  Keywords:

  adjustment; coordinated organisations; enforcement; icsc decision; iloat statute; inquiry; investigation; organisation; president of the tribunal; rule of another organisation; salary; scale; submissions;
  

  
  
  

• Judgment 1614

  
  82nd Session, 1997
  International Fund for Agricultural Development
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "As circumstances change so must an organisation reform its structure, and that may mean doing away with posts. Even if abolition is not expressly provided for, no organisation can be required to abide for evermore by the same approach to what it has to do."

  Keywords:

  abolition of post; discretion; organisation; reorganisation;
  

  
  
  

• Judgment 1609

  
  82nd Session, 1997
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 16

  Extract:

  An international organisation is liable for the injury a staff member may cause in the performance of duty, and that includes injury to other members of staff. [...] An organisation will of course not be liable for private misconduct of an employee that has no link with the performance of duty. But misconduct in the context of employment is another matter. When someone whom the organisation has appointed to act as supervisor or director commits an abuse of authority, the subordinate who suffers injury thereby is entitled to damages.

  Keywords:

  abuse of power; compensation; complainant; condition; conduct; injury; liability; misconduct; misuse of authority; moral injury; organisation; supervisor;
  

  Consideration 16

  Extract:

  An organisation will of course not be liable for private misconduct of an employee that has no link with the
  performance of duty. But misconduct in the context of employment is another matter. When someone whom the
  organisation has appointed to act as supervisor or director commits an abuse of authority, the subordinate who
  suffers injury thereby is entitled to damages. Such is the complainants' case. Without having to go through all the
  evidence before it [...] the Tribunal holds that each of the complainants suffered treatment that was an affront to her personal and professional dignity. It was inadmissible for one of its officers, in this case a man, to make a habit of addressing women subordinates in language that was blatantly coarse and lascivious. What is more it offended against [an ILO circular], which seeks to ensure - to use its own words - a safe and healthful working environment free from sexual harassment and intimidation'. The whole drift of the evidence before the tribunal is that someone on whom the ILO had conferred much authority saw rough language and rough behaviour as not incompatible with his exercise of it. They were therefore part and parcel of the performance of his duties, and on that account the Organization is liable.

  Keywords:

  condition; conduct; injury; liability; misconduct; moral injury; organisation; respect for dignity; sexual harassment; supervisor;
  

  
  
  

• Judgment 1543

  
  81st Session, 1996
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "The Administrative Council exercised its discretion under Article 19(2) [of the EPO's Protocol on Privileges and Immunities] in declining to waive the President's immunity from jurisdiction. Such exercise of discretion is a matter outside the Tribunal's competence, affecting as it does relations between the defendant organisation and a member State. The complaint is therefore 'clearly irreceivable' and must be summarily dismissed in accordance with Article 7 of the Tribunal's Rules."

  Reference(s)

  ILOAT reference: ARTICLE 7 OF THE RULES
  Organization rules reference: ARTICLE 19(2) OF THE EPO PROTOCOL ON PRIVILEGES AND IMMUNITIES
  
  

  Keywords:

  competence of tribunal; complaint; discretion; executive head; iloat statute; judicial review; member state; organisation; privileges and immunities; receivability of the complaint; request by a party; summary procedure; waiver of immunity;
  

  
  
  

• Judgment 1521

  
  81st Session, 1996
  World Tourism Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The WTO has applied for interpretation of Judgment 1407. It wants to know, in particular, whether that judgment prevents application to the complainant of one of its circulars. The Tribunal holds that [the judgment in question] is "quite clear and leaves no room for interpretation [...] what the organization really wants is that the Tribunal say whether the circular is lawful. That being so, its application is clearly irreceivable and must be dismissed under the summary procedure in Article 7 of its Rules."

  Reference(s)

  ILOAT reference: ARTICLE 7 OF THE RULES
  
  

  Keywords:

  application for interpretation; judgment of the tribunal; organisation; receivability of the complaint; summary procedure;
  

  
  
  

• Judgment 1509

  
  81st Session, 1996
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  The complainant was assigned to a joint service of the United Nations and UNIDO at Vienna. The service was under UNIDO management. But "it was the United Nations that offered him both the appointments which he had while he was at Vienna, and it was to the United Nations that he addressed his acceptance of each offer, thereby concluding a contract of employment with the UN. Indeed that is why he addressed his letter of resignation to the Secretary-General of the UN. True, he addressed it to the Director-General of UNIDO as well, but that was merely in recognition of UNIDO's supervision of his work and did not mean that the un had ceased to be his employer. In sum, he was an official, not of UNIDO, but of the UN."

  Keywords:

  acceptance; appointment; complainant; contract; offer; official; organisation; resignation;
  

  
  
  

• Judgment 1475

  
  80th Session, 1996
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 17

  Extract:

  "It is inadmissible that a staff member should involve government officials in questioning the organization's internal workings."

  Keywords:

  conduct; independence; organisation; staff member's duties;
  

  
  
  

• Judgment 1466

  
  80th Session, 1996
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "Precedent has it that a time limit is a matter of objective fact and begins to run when a decision is notified. [...] The only exceptions that the Tribunal has allowed are where the complainant has been prevented by vis major from learning of the decision (see Judgment 21 [...]) and where the defendant has misled him or withheld some document from him in breach of good faith (see Judgment 752)."

  Reference(s)

  ILOAT Judgment(s): 21, 752
  

  Keywords:

  case law; exception; force majeure; good faith; organisation; start of time limit; time bar; time limit;
  

  
  
  

• Judgment 1456

  
  79th Session, 1995
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 26

  Extract:

  "By taking the German administration's figures the organisation endorsed them and subsumed them in its own decision. The figures thus become inseparable from the decision for the purpose of any litigation [...]; the EPO may not properly refer the complainants to the national administration; and that administration may not properly intervene in the organisation's decision."

  Keywords:

  decision; domestic law; organisation; pension adjustment system; pension entitlements;
  

  Consideration 25

  Extract:

  "No doubt national institutions that run pension schemes are better able to evaluate entitlements that may have accrued to the employee under one or more national schemes before recruitment [...]". No doubt the national institution has the last word on the figure to be used. But the organisation remains "free by virtue of its administrative and financial autonomy to discard any figure that the institution has worked out on some basis that offends against the prescriptions of the international regulations. It is free, too, to ask the institution to work out a new figure in the event of disagreement."

  Keywords:

  domestic law; independence; international civil service principles; organisation; pension; pension adjustment system; pension entitlements;
  

  Consideration 31

  Extract:

  The Tribunal "may not order the organisation to negotiate with a member State or set the objectives of any such negotiation."

  Keywords:

  competence of tribunal; judgment of the tribunal; member state; organisation; tribunal;
  

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