Organisation's duties (202, 203, 204, 205, 206, 207, 208, 645,-666)
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Keywords: Organisation's duties
Total judgments found: 658
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Judgment 2745
105th Session, 2008
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"It was said in Judgment 2524 that, although harassment and mobbing do not require bad faith or prejudice or other malicious intent, 'behaviour will not be characterised as harassment or mobbing if there is a reasonable explanation for the conduct in question'. Thus, it was said in Judgment 2370 that conduct that 'had a valid managerial purpose or was the result of honest mistake, or even mere inefficiency' would not constitute harassment. However and as pointed out in Judgment 2524, 'an explanation which is prima facie reasonable may be rejected if there is evidence of ill will or prejudice or if the behaviour in question is disproportionate to the matter which is said to have prompted the course taken'."
Reference(s)
ILOAT Judgment(s): 2370, 2524
Keywords:
bias; condition; conduct; consequence; definition; evidence; good faith; grounds; intention of parties; judgment of the tribunal; mistake of fact; organisation's duties; proportionality; qualifications; respect for dignity;
Judgment 2732
105th Session, 2008
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"Although the decision [to terminate the complainant's appointment during her probationary period] must be set aside, in view of the circumstances it is not clear that, even if she had been given a proper warning and an opportunity to improve, her appointment would have been confirmed. However, as a result of the Organization's actions she lost a valuable opportunity to improve and demonstrate her suitability for the position and to have her contract considered in that light. The loss of that opportunity warrants an award of material damages in the amount of 15,000 euros."
Keywords:
contract; decision; duty to inform; good faith; injury; material damages; non-renewal of contract; organisation's duties; probationary period;
Considerations 16-17
Extract:
"Staff Regulation 9.2(c) states that the Director General may at any time terminate an appointment of a staff member serving a probationary period if, in his opinion, it would be in the interest of the Organization. This provision, however, does not displace the well-established principle that an organisation 'owes it to its employees, especially probationers, to guide them in the performance of their duties and to warn them in specific terms if they are not giving satisfaction and are in risk of dismissal' (see Judgments 1212 and 2529). As well, a probationer is entitled to a timely warning so that measures can be taken to remedy the situation (see Judgment 2414).
In the present case, given the nature of the complainant's functions, a period of seven days to demonstrate improvement was clearly inadequate. Accordingly, the decision to terminate her contract must be set aside."
Reference(s)
Organization rules reference: IOM Staff Regulation 9.2(c)
ILOAT Judgment(s): 1212, 2414, 2529
Keywords:
decision; executive head; notice; organisation's duties; organisation's interest; probationary period; right; separation from service; staff regulations and rules; termination of employment; unsatisfactory service;
Judgment 2729
105th Session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"[I]f a donor government offers to fund the post of an associate expert for a further period, there is an obligation on the organisation in question to consider that offer in good faith. So much is implicit in the general duties of care and good faith owed by an organisation to its staff. That is not to say, however, that an organisation is bound to accept any such offer. It is simply to say that a person [...] is then entitled to have his or her contract renewed unless there is a valid reason for rejecting the offer. The same duty of good faith requires that an organisation not do anything to prevent such an offer being made."
Keywords:
contract; decision; good faith; grounds; legitimate expectation; non-renewal of contract; offer; organisation's duties; period; post; refusal;
Judgment 2724
105th Session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The Reports Board, which is set up by the Director-General and establishes its own procedure, in accordance with the provisions of Article 10.3 of the Staff Regulations, cannot be regarded as either an internal appeals body or a judicial body. Where an official has had the opportunity to state his or her point of view before the Board and to comment on the relevant supervisors' assessments of his or her performance and conduct, the adversarial principle can reasonably be deemed to have been observed."
Reference(s)
Organization rules reference: Article 10.3 of the Staff Regulations of the ILO
Keywords:
adversarial proceedings; advisory body; conduct; internal appeals body; organisation's duties; procedure before the tribunal; right to reply; staff regulations and rules; supervisor; work appraisal;
Judgment 2721
105th Session, 2008
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal again emphasises that it is essential that both salaries and pensions be paid punctually and in full, if only on account of the precise commitments which beneficiaries may have to honour on a daily basis (see Judgment 2381, under 3)."
Reference(s)
ILOAT Judgment(s): 2381
Keywords:
application for execution; organisation's duties; payment; pension; salary;
Judgment 2720
105th Session, 2008
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"Of course the ITU, which had fulfilled its obligation to execute Judgment 2540, had every right to circulate comments that were critical of that judicial ruling [...]. In so doing, however, the Union was not entitled [...] to challenge the findings of fact made in that judgment, which had res judicata authority; nor was it entitled, above all, to harm the complainant's honour and reputation by defamatory statements."
Reference(s)
ILOAT Judgment(s): 2540
Keywords:
execution of judgment; judgment of the tribunal; organisation's duties; res judicata; respect for dignity;
Consideration 6
Extract:
The complainant alleges that the ITU, in its letter to the journalist, made "scandalous" attacks on the Tribunal. "The Tribunal will not respond to the arguments presented in the complaint regarding prejudice that it allegedly suffered itself as a result of the circulation of the disputed message. The issue raised in this regard, which has no direct bearing on the dispute between the complainant and the ITU regarding compliance with obligations arising from their contractual relationship, falls outside the Tribunal's jurisdiction, as restrictively defined in Article II of its Statute. Furthermore, the Tribunal could not rule on such arguments without breaching its duty of impartiality."
Reference(s)
ILOAT reference: Article II of the Statute
Keywords:
competence of tribunal; iloat statute; injury; lack of injury; organisation's duties; staff member's duties; vested competence;
Consideration 16
Extract:
"[W]here a judgment has been rendered against an international organisation in a dispute with one of its staff members, the circulation after delivery of the said judgment of a message defaming the complainant constitutes a very serious breach of the obligations incumbent on the organisation in its relations with its staff members. Such conduct disregards not only the [...] duty to respect the staff member's dignity and reputation but also - and this is an even more serious matter - the duty to safeguard the free exercise of his right to file a complaint with the Tribunal, which implies, inter alia, that the success of such a complaint shall not entail punitive or retaliatory measures against him."
Keywords:
breach; complaint; judgment of the tribunal; organisation's duties; respect for dignity; right of appeal; safeguard;
Judgment 2712
104th Session, 2008
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The Organization appointed a candidate who did not meet one of the conditions stipulated in the vacancy announcement. "[T]he fact that the appointment of the successful candidate, who happens to be Lebanese, conveniently enabled WIPO to achieve some of its management goals, such as that of increasing the proportion of women in senior management positions or that of the geographical distribution of its officials [...] is [...] irrelevant in this case. However legitimate these goals may be, they could not override the Organization's obligation to appoint to the post in question a candidate who possessed the required qualifications and experience initially stipulated. Geographical origin could be taken into consideration only if the opposing candidates were of equal merit."
Keywords:
appointment; candidate; competition; criteria; geographical distribution; increase; nationality; organisation; organisation's duties; place of origin; post; professional experience; purpose; qualifications; vacancy notice;
Judgment 2706
104th Session, 2008
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant, who was sexually harassed by her supervisor, wants the Tribunal to order that she be promoted. "[T]he Organization is of course right in saying that the compensation for her injuries should not take the form of being granted a higher grade. 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."
Keywords:
allowance; compensation; definition; difference; harassment; injury; organisation; organisation's duties; post classification; promotion; qualifications; request by a party; respect for dignity; sex discrimination; supervisor;
Consideration 3
Extract:
The complainant having reported that she had been sexually harassed by her supervisor, the latter was verbally reprimanded. The Organization asserts that the complainant has failed to discharge the burden of proof with respect to her allegations of harassment. "[I]n imposing a disciplinary sanction on the complainant's supervisor on account of these acts of sexual harassment, the Organization necessarily acknowledged that they had occurred. Consequently, it cannot now dispute the merits of the complainant's accusations in this respect without completely contradicting itself and casting major doubts on whether its own decisions regarding its staff are taken in a responsible manner in such a sensitive area as that of discipline."
Keywords:
burden of proof; decision; disciplinary measure; harassment; lack of evidence; organisation's duties; reprimand; respect for dignity; sex discrimination; supervisor;
Consideration 5
Extract:
"[A]s the Tribunal held in Judgment 2524, an international organisation has a duty to provide a safe and adequate environment for its staff."
Reference(s)
ILOAT Judgment(s): 2524
Keywords:
official; organisation's duties; working conditions;
Judgment 2702
104th Session, 2008
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"It is well established that the party seeking to rely on an unwritten rule bears the onus of proving the substance of the rule. This applies equally to a party seeking to rely on an established practice."
Keywords:
burden of proof; no provision; organisation's duties; practice; staff member's duties;
Judgment 2700
104th Session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"As the Tribunal has consistently held, the staff member must, as a general rule, have access to all evidence on which the authority bases (or intends to base) its decision against him. Under normal circumstances, such evidence cannot be withheld on grounds of confidentiality (see Judgment 2229, under 3(b)).
As the Organization points out, there may indeed be some special cases in which a higher interest stands in the way of the disclosure of certain documents. But such disclosure may not be refused merely in order to strengthen the position of the Administration or one of its officers (see Judgment 1756, under 10)."
Reference(s)
ILOAT Judgment(s): 1756, 2229
Keywords:
case law; confidential evidence; decision; disclosure of evidence; duty to inform; exception; general principle; grounds; organisation's duties; organisation's interest; purpose; refusal;
Consideration 7
Extract:
The complainant did not receive the Reports Board's recommendation, which constituted the basis of the decision not to renew his fixed-term appointment. "The Tribunal considers that in the present case the complainant is entitled to see the Reports Board's recommendation, an essential document on which the Administration based its decision not to renew his contract. By withholding that document the Organization deprived the complainant of an item of evidence that was essential for the preparation of his defence and the Tribunal of a document enabling it to exercise its power of review.
Accordingly there are grounds for ordering further submissions in order that the file may be supplemented with a copy of the Reports Board's recommendation, as requested by the complainant."
Keywords:
advisory body; claim; complainant; contract; disclosure of evidence; fixed-term; further submissions; interlocutory order; judicial review; non-renewal of contract; organisation's duties; recommendation; refusal; right;
Consideration 5
Extract:
"The Tribunal [...] draws attention to the fact that, irrespective of the circumstances, an official is always entitled to have his case judged in proper, transparent and fair proceedings which comply with the general principles of law."
Keywords:
due process; equity; formal requirements; general principle; judgment of the tribunal; official; organisation's duties; procedure before the tribunal; right; staff member's interest;
Judgment 2698
104th Session, 2008
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 13-14
Extract:
The complainant was notified of a number of serious charges against him and was informed that he would be suspended from duty with pay until the end of the investigation into the charges. "The Director General did not [...] implement the Appeal Board's recommendation that he should conclude with all due speed the investigation into the allegations of serious misconduct against the complainant and should take a decision within a reasonable time. In fact he did not conduct the investigation with the dispatch required by the Tribunal's case law and by the circumstances of the case, and he thus caused an unjustified delay in the handling of the case. The explanations given by the Organization in its submissions are irrelevant, particularly because they do not indicate that the completion of the investigation was delayed through any fault on the part of the complainant.
By prolonging an essentially temporary measure beyond a reasonable time, without any valid grounds, thereby placing the complainant in a situation of uncertainty as to his further career, the Organization caused him moral injury which must be redressed by awarding him the amount of 10,000 United States dollars."
Keywords:
allowance; breach; career; case law; compensation; consequence; decision; delay; executive head; grounds; injury; inquiry; internal appeals body; investigation; moral injury; organisation's duties; provisional measures; reasonable time; recommendation; serious misconduct; suspensive action;
Judgment 2671
104th Session, 2008
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"In Judgment 1317, under 31, the Tribunal stated: 'An internal appeal procedure that works properly is an important safeguard of staff rights and social harmony in an international organisation [...].'
The notion of 'working well' necessarily encompasses the requirement 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."
Reference(s)
ILOAT Judgment(s): 1317
Keywords:
bias; composition of the internal appeals body; internal appeal; internal appeals body; organisation's duties;
Judgment 2667
104th Session, 2008
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The complainant now claims that when she signed her initial contract the Organization did not inform her of the consequences of her declaration [concerning her residential address] or, in particular, of the differences between local and international status. But this assertion cannot be accepted. It was up to the complainant to ask the Organization about the implications of the main clauses of the offer she was invited to accept and about the consequences of her replies on points which were decisive for her future career and salary. Rapid perusal of the Staff Regulations and Rules would have revealed the implications of accepting the offer of local recruitment."
Keywords:
acceptance; consequence; contract; law of contract; local status; non-local status; offer; organisation's duties; staff member's duties; staff regulations and rules;
Judgment 2661
103rd Session, 2007
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"In Judgment 809 the Tribunal held that, in order to justify the imposition of special leave, the Organisation must show 'that use was not made of the special leave for any purpose extraneous to the Organization's interests and that the arrangement was a reasonable though not necessarily the only reasonable way out of the dilemma'. However, it must be noted that this statement was made in a context where a staff member had been required to take special leave until a new post was found."
Reference(s)
ILOAT Judgment(s): 809
Keywords:
condition; interpretation; organisation's duties; organisation's interest; post; purpose; special leave; transitional measures;
Judgment 2654
103rd Session, 2007
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant requests that UNESCO recognise that she has been subjected to moral harassment and acknowledge all the repercussions this has had on her "human dignity and professional life". The Organization asks the Tribunal to find that there is no factual or legal basis to the complainant's claim that she notified the Administration of a case of moral harassment. The Tribunal considers "that the complainant did accuse her supervisor of harassment, and that the Organization, which was then under an obligation to initiate an objective inquiry into the validity of her accusations, failed to do so and has merely regretted the fact that it held no investigations.
By failing to conduct an inquiry to determine the validity of such serious accusations, the defendant breached both its duty of care towards one of its staff members and its duty of good governance, thereby depriving the complainant of her right to be given an opportunity to prove her allegations."
Keywords:
breach; burden of proof; career; claim; condition; consequence; duty of care; harassment; inquiry; investigation; organisation's duties; respect for dignity; right; supervisor; working conditions; working relations;
Judgment 2649
103rd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Acting in his capacity as Chairman of the Staff Committee of the EPO's sub-office in Vienna, the complainant submitted a request to the President of the Office that the "staff salary scales mentioned in the annex to Part 2 of the Codex" be forwarded to all agencies supplying temporary personnel to the Office. The President refused to grant the request submitted to him, denying that temporary workers were entitled to remuneration equal to that of EPO staff and underlining that neither the Service Regulations nor the conditions of employment for contract staff applied to temporary workers. The EPO submits that the complainant does not have locus standi to represent temporary workers supplied to the Office. "It is well settled that members of the Staff Committee may rely on their position as such to ensure observance of the Service Regulations (see Judgments 1147 and 1897); but in order for a complaint submitted to the Tribunal on behalf of a Staff Committee to be receivable, it must allege a breach of guarantees which the Organisation is legally bound to provide to staff who are connected with the Office by an employment contract or who have permanent employee status, this being a sine qua non for the Tribunal's jurisdiction. In the absence of such a connection resting on a contract or deriving from status, the claim that the Office should forward its salary scales to agencies supplying temporary personnel - whose conditions of employment and remuneration are in any event beyond the jurisdiction of the Tribunal - cannot be entertained."
Reference(s)
ILOAT Judgment(s): 1147, 1897
Keywords:
breach; claim; communication to third party; competence of tribunal; complaint; condition; contract; enforcement; equal treatment; executive head; external collaborator; locus standi; no provision; official; organisation's duties; provision; receivability of the complaint; refusal; request by a party; right; safeguard; salary; scale; staff regulations and rules; staff representative; staff union; terms of appointment; vested competence;
Judgment 2647
103rd Session, 2007
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
An external candidate was appointed to the post the complainant had applied for. The complainant contends that, contrary to the Staff Regulations, the applications of candidates already in the Organization's service were not given priority of consideration over those of external candidates. "It is convenient to recall that the Tribunal held in Judgment 107, under 1, that:
'although the Organization is bound to have full regard to the qualifications and experience of persons already in its service, this does not mean that it must necessarily always appoint them in preference to outside applicants. If this privilege were automatically to be granted to the serving staff, the Organization might be led to take decisions contrary to its own interests, a situation which was certainly not intended by those who drafted the Staff Regulations. The position is that persons already in the service of the Organization have priority only if their qualifications appear to be at least equal to those of other candidates.'
Those principles were duly taken into account in the selection process, which was carefully and correctly conducted by the Organization, and while the qualifications and experience of the complainant are to be noted, they do not automatically give her a right of precedence over other candidates for the advertised post."
Reference(s)
ILOAT Judgment(s): 107
Keywords:
appointment; candidate; competition; condition; decision; general principle; internal candidate; organisation's duties; organisation's interest; post; priority; procedure before the tribunal; professional experience; provision; purpose; qualifications; staff regulations and rules;
Judgment 2646
103rd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 13-14
Extract:
The complainant was dismissed at the end of his probationary period. He states that despite his repeated requests he was never transferred to another directorate. "As to the case law, the complainant relies on Judgment 396 in support of [this] assertion [...]. The issue in that case was whether the head of the Organisation had correctly applied a particular provision of the Staff Regulations authorising him to terminate the appointment of a probationer at any time in the Organisation's interests. The Tribunal stated that '[a]s a rule, before a [probationer] is dismissed thought should be given to transferring him to some other post on trial, especially if he is junior in rank'. It must, however, be noted that this was said in the context of a misunderstanding between the probationer and his supervisor and the Tribunal's observation that such a misunderstanding does not necessarily justify instant dismissal. In the present case, the stated reason for the dismissal was poor performance.
To conclude that in situations of poor performance a staff member on probation will always be entitled to a transfer prior to being dismissed undermines the whole purpose of probationary terms. In some circumstances a transfer may be the proper option, but the circumstances of the present case do not warrant this finding."
Reference(s)
ILOAT Judgment(s): 396
Keywords:
case law; discretion; enforcement; executive head; general principle; grounds; organisation; organisation's duties; organisation's interest; post; probationary period; provision; purpose; refusal; request by a party; right; staff regulations and rules; supervisor; termination of employment; transfer; unsatisfactory service; working relations;
Judgment 2642
103rd Session, 2007
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"In Judgment 2552 the Tribunal pointed out that an accusation of harassment 'requires that an international organisation both investigate the matter thoroughly and accord full due process and protection to the person accused'. Its duty to a person who makes a claim of harassment requires that the claim be investigated both promptly and thoroughly, that the facts be determined objectively and in their overall context (see Judgment 2524), that the law be applied correctly, that due process be observed and that the person claiming, in good faith, to have been harassed not be stigmatised or victimised on that account (see Judgment 1376)."
Reference(s)
ILOAT Judgment(s): 1376, 2524, 2552
Keywords:
due process; good faith; harassment; inquiry; investigation; organisation's duties; respect for dignity; safeguard;
Judgment 2638
103rd Session, 2007
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The main justification for granting benefits such as home leave or an education grant to some staff members is not that the beneficiaries have a particular nationality, but that their duty station is not in their recognised home country. Far from being discriminatory, such practices, which moreover exist in most international organisations, are designed to restore a degree of equality between officials serving in a foreign country and those who are working in a country where they normally have their home. The two categories cannot be regarded as being in identical situations. Consequently, according to firm precedent, the principle of equality must not lead to their being treated in an identical manner when a difference in treatment is appropriate and adapted (see Judgment 2313 [...])."
Reference(s)
ILOAT Judgment(s): 2313
Keywords:
allowance; breach; difference; duty station; education expenses; equal treatment; general principle; home; home leave; nationality; official; organisation's duties; place of origin; practice; purpose; rule of another organisation;
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