Private life (931,-666)

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Keywords: Private life
Total judgments found: 3

• Judgment 4779

  
  137th Session, 2024
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges her dismissal for misconduct.

  Considerations 5 & 13

  Extract:

  [A]lthough it is indeed a matter of principle under the Tribunal’s case law that an organisation must respect the confidentiality of private messages stored in a professional email account (see, in particular, Judgment 2183, consideration 19), that requirement must clearly be balanced against the requirements intrinsic to the need to combat fraud and, more generally, to the need to tackle misconduct on the part of officials. [...]
  [I]t should be recalled that, while international organisations cannot intrude on the private lives of their staff members, those staff members must nonetheless comply with the requirements inherent in their status as international civil servants, including in their personal conduct. This principle is, for example, laid down in the Standards of Conduct for the International Civil Service [...].Furthermore, the Tribunal has repeatedly stated in its case law that some private conduct may, on this account, legitimately lead to disciplinary action (see, for example, Judgments 4400, consideration 24, and 3602, consideration 13, and, with specific regard to a failure to honour private financial obligations, Judgments 2944, considerations 44 to 49, 1584, consideration 9, and 1480, consideration 3).

  Reference(s)

  ILOAT Judgment(s): 1480, 1584, 2183, 2944, 3602, 4400
  

  Keywords:

  conduct; disciplinary procedure; organisation's duties; private life;
  

  
  
  

• Judgment 4603

  
  135th Session, 2023
  Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to extend his fixed-term appointment on account of his unsatisfactory performance.

  Consideration 7

  Extract:

  To the extent that the complainant raises questions concerning human rights violations allegedly committed by the Austrian authorities and matters relating to his family circumstances, those questions relate to private rather than work-related matters and are not concerned with the non-observance of the complainant’s terms of appointment. Pursuant to paragraph 5 of Article II of the Tribunal’s Statute, they are not within the competence of the Tribunal.

  Keywords:

  competence of tribunal; host state; private life; ratione materiae;
  

  
  
  

• Judgment 4400

  
  131st Session, 2021
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant, a former official of the International Labour Office, impugns the decisions of the Director-General to issue a reprimand against him, to revoke his appointment as a Director, to appoint another person to that post and, finally, to discharge him with notice.

  Consideration 24

  Extract:

  [I]t should be recalled that, while international organisations cannot intrude on the private lives of their staff members, those staff members must nonetheless comply with the requirements inherent in their status as international civil servants, including in their personal conduct. This principle is, for example, laid down in paragraph 42 of the Standards of Conduct for the International Civil Service, which expressly states that “[i]nternational civil servants must [...] bear in mind that their conduct and activities outside the workplace, even if unrelated to official duties, can compromise the image and the interests of the organizations”. In the case of ILO officials, this principle also applies, in particular, pursuant to article 1.2 of the Staff Regulations, which states that “[o]fficials shall conduct themselves at all times in a manner befitting their status as international civil servants” and “[t]hey shall avoid any action [...] which may adversely reflect on their status”.
  Furthermore, the Tribunal has repeatedly stated in its case law that some private conduct may, on this account, legitimately lead to disciplinary action (see, for example, Judgments 1584, consideration 9, 2944, considerations 44 to 49, or 3602, consideration 13).
  Moreover, it should be observed that, insofar as the acts of which the complainant was accused in this case constituted a criminal offence, they cannot be regarded, by definition, as being purely private in nature.

  Reference(s)

  ILOAT Judgment(s): 1584, 2944, 3602
  

  Keywords:

  conduct; disciplinary procedure; private life;
  

  Judgment keywords

  Keywords:

  complaint dismissed; criminal sanction; disciplinary measure; private life; termination of employment;