Duty to inform (204,-666)
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Keywords: Duty to inform
Total judgments found: 161
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Judgment 1319
76th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"By causing or allowing [a delay of more than one year between the internal appeal and the final decision] and by denying the Board of Appeal the information which would have enabled it to give a timely and complete opinion on the complainant's case the organization fell short of the requirements of due administrative process and of the standards of care it must apply to its staff. In the circumstances, the complainant is entitled to the sum [...] she has claimed in damages and costs."
Keywords:
administrative delay; costs; due process; duty to inform; internal appeals body; material damages; moral injury; organisation's duties;
Judgment 1314
76th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant, who got assurances from the ILO that it was not going to fill a post in which he was interested, alleges on the basis of a list of staff movements that the organization had filled the post without holding an internal competition. It turns out that the list contained an error, of which the ILO failed to give the complainant notice, and the post had not been filled. The Tribunal holds that he did not suffer any injury on account of the alleged decision he impugns, but holds that the ILO left the matter uncertain for several months. There being no decision for the Tribunal to quash, his claims fail save the one to an award of costs.
Keywords:
absence of final decision; costs; duty to inform; internal competition; lack of injury; organisation's duties; post;
Judgment 1298
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Vide Judgment 1154, consideration 4.
Reference(s)
ILOAT Judgment(s): 1154
Keywords:
case law; contract; decision; discretion; duty to inform; duty to substantiate decision; fixed-term; judicial review; non-renewal of contract; organisation's duties;
Judgment 1272
75th Session, 1993
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
To apply rules that make the competence of a candidate and his prior service in the organisation paramount considerations in filling vacancies means "that at the very least the staff must be told of the vacancy or of the creation of a post and anyone who wants to apply must be allowed to do so and must have the application considered according to objective criteria."
Keywords:
appointment; candidate; creation of post; duty to inform; organisation's duties; post; vacancy; vacancy notice;
Judgment 1266
75th Session, 1993
International Union for the Protection of New Varieties of Plants
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
Vide Judgment 1265, consideration 23.
Reference(s)
ILOAT Judgment(s): 1197
Keywords:
adjustment; adversarial proceedings; coordinated organisations; duty to inform; general service category; icsc decision; local status; organisation's duties; reckoning; salary; scale; tribunal;
Judgment 1265
75th Session, 1993
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organistions whose headquarters are in Geneva. WIPO says it is unable to submit any comments on the complainants arguments because it lacked authority to set the salary scales. Having done what was required to import the challenged scale in full into WIPO's own rules and thereby endorsed the ICSC's decisions without qualification, the Director General then "took up an unhelpful posture and thereby prevented before the Tribunal the adversarial pleadings that are an essential feature of judicial process and, besides, indispensable for providing the Tribunal with adequate information: see Judgment 1197 [...], under 13 and 14."
Reference(s)
ILOAT Judgment(s): 1197
Keywords:
adjustment; adversarial proceedings; coordinated organisations; duty to inform; general service category; icsc decision; judicial review; local status; organisation's duties; reckoning; salary; scale;
Judgment 1223
74th Session, 1993
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 33 to 36
Extract:
The complainant, a Eurocontrol official, is challenging the rejection of his application to a post of head of division and the appointment of an external candidate to that post on the grounds that the decision was not substantiated. "Mutual trust between organisation and staff requires that in such circumstances the applicants should be properly informed of the decision and of the reasons for it. of course the content of the obligation [...] will depend on the sort of decision that has been taken. [...] The principle holds good: the organisation has a duty to state the reasons for the decision, that being an essential condition for proper defence of the official's rights. The staff member is therefore entitled to be given any information necessary for that purpose."
Reference(s)
ILOAT Judgment(s): 1016
Keywords:
competition; decision; duty to inform; duty to substantiate decision; organisation's duties; promotion; purport; purpose; refusal; right to reply;
Judgment 1221
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant seeks the quashing of her summary dismissal for serious misconduct. Under the circumstances UNESCO Staff Regulation 10.2 lays no duty on the Director-General to put the matter to the Joint Disciplinary Committee. But that does not mean that the staff must "forfeit all the safeguards of the international civil service when they are to incur disciplinary sanctions. One such safeguard is their right to plead their case. The authority competent to impose the sanction has a duty to warn the staff member in clear terms of the intention of doing so and invite an answer whatever charges may lie."
Reference(s)
Organization rules reference: UNESCO STAFF REGULATION 10.2
Keywords:
decision; duty to inform; international civil service principles; organisation's duties; right to reply; serious misconduct; summary dismissal;
Judgment 1082
70th Session, 1991
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"By virtue of their contractual relationship and the trust that therefore prevails between them, an organisation owes its employee a duty to declare its intention of dismissing him and to let him plead his case. The principle is asserted in Judgment 907 [...] under 4. Although the complainant presumably knew of the CIPEC's plight and the need for reform she was never told of the intention of dismissing her."
Reference(s)
ILOAT Judgment(s): 907
Keywords:
abolition of post; budgetary reasons; duty to inform; flaw; organisation's duties; right to reply; termination of employment;
Judgment 1017
69th Session, 1990
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Paragraph 3(v) of an IFAD Administrative Instruction on probation under fixed-term appointments reads: "Where it is deemed by the head of department that the staff member's performance is less than satisfactory, he/she will be immediately informed by the head of department that a decision from the President will be sought to terminate his/her services by letting the period of probation lapse." The President's decision to terminate the complainant's appointment at the end of the extended period of probation was flawed by non-compliance with this requirement. because the decision was in breach of the procedural rule, the Tribunal will set it aside and award the complainant substantial compensation for the improper termination of her contract and for moral damages.
Keywords:
duty to inform; flaw; moral injury; probationary period; procedural flaw; termination of employment; unsatisfactory service;
Judgment 1010
68th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant appealed against the decision to dismiss him after the expiry of the time-limit. He maintains that "he was never told of the time limits in the rules. Though that plea might succeed in exceptional cases, it cannot in this one, since the complainant was given a copy of the Staff Regulations and Staff Rules on conclusion of the contract of appointment."
Keywords:
duty to inform; internal appeal; staff regulations and rules; time limit;
Judgment 987
68th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideraton 5
Extract:
"In support of its contention that there was no breach of his right to a hearing, the FAO cites earlier facts which it submits show that the complainant knew full well that his position was, to say the least, uncertain. Though there are no special rules on the subject and the procedure will depend on the circumstances of each case, the organization has a duty to show that the staff member cannot reasonably have failed to realise he was under threat of termination."
Keywords:
burden of proof; duty to inform; evidence; formal requirements; organisation; probationary period; right to reply; termination of employment;
Consideration 3
Extract:
"The right to a hearing, which is a general principle of law, means that the organization may not terminate a staff member unless it has already informed him of its intention and of the grounds for termination. Such information must be given before the notification of the termination and not at the same time".
Keywords:
date; duty to inform; flaw; probationary period; right to reply; termination of employment;
Judgment 946
65th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The organization [is] in breach of the duty of consideration it owes its staff, of the principle of good faith and of the rule that the staff member has a right to be kept informed of any action that may affect his rights or legitimate interests."
Keywords:
contract; duty to inform; fixed-term; good faith; non-renewal of contract; organisation's duties;
Judgment 910
64th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"It is not reasonable for a former employee who had been absent for five months to assume that there had been no change in policy affecting the rights of employees during the period of her absence. If the prospect of on-local status was indeed an important factor in her applying for further employment it was incumbent upon her to find out whether the same practice applied as before. Had she done so she would have been told that it did not. Since she failed to do so she may not rely on the organization's failure to inform her of the change since there was no such duty on the organization."
Keywords:
amendment to the rules; duty to inform; local status; non-local status; organisation's duties; practice; terms of appointment;
Judgment 907
64th Session, 1988
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The general rule is that no decision adverse to a staff member may be taken unless he has been made aware of the organisation's intention and been given an opportunity to state his case."
Keywords:
decision; duty to inform; flaw; general principle; right to reply;
Judgment 869
63rd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19(C)
Extract:
"The organization [has] failed to prove that the complainant knew or ought to have known of the change in the operation of the provision." It concerned paragraph 315.323 of the FAO Manual on withholding salary increments.
Keywords:
amendment to the rules; burden of proof; duty to inform; enforcement; lack of evidence; provision; staff regulations and rules;
Judgment 844
63rd Session, 1987
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
"In recruiting an employee who would be expected to acquire skills which were not necessarily an extension of skills he already possessed but required a different discipline altogether, the Agency should have made it quite clear to the applicant exactly what was involved so that he could judge whether or not he possessed the ability to acquire, retain and apply the new skills and knowledge."
Keywords:
assignment; difference; duty to inform; organisation's duties; post description;
Consideration 27
Extract:
"In reaching his decision of 11 February 1987 the Director-General failed to take an essential fact into consideration, namely the degree of the Agency's own responsibility for the lack of information supplied initially to the complainant. While the paramount consideration in making or renewing appointments is to secure employees of the highest standard, it is not the only one. The principle of good faith requires that employees be treated with due regard for their rights. If the Director-General had considered the application in the light of the organisation's own responsibility for the complainant's difficulties when his contract was not renewed, he might have reached a different decision."
Keywords:
contract; disregard of essential fact; duty to inform; fixed-term; general principle; good faith; non-renewal of contract; organisation's duties; post description;
Judgment 810
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"What good faith requires is that when someone is transferred he should be given proper notice, and not just of a vague intention, but of the nature of the post he is to get and of the duty station." The complainant did not accept the transfer and was dismissed. The decision is quashed and the Tribunal orders the restoration of the complainant's status as an official.
Keywords:
duty station; duty to inform; good faith; notice; organisation's duties; post description; reconstruction of career; refusal; termination of employment; transfer;
Judgment 792
60th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Tribunal refers to the principle laid down in Judgment no. 767: the administration may alter its procedure, "but the change must be properly made known and may not be retroactive." In this case, the change concerns the construction of a provision in the Staff Regulations.
Reference(s)
Organization rules reference: ARTICLE 11.16 OF THE ILO STAFF REGULATIONS
ILOAT Judgment(s): 767
Keywords:
amendment to the rules; condition; duty to inform; interpretation; non-retroactivity; practice; staff regulations and rules;
Judgment 767
59th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The organisation submits that "even if it did construe [Article] 11.16 too loosely it could always put an end to the practice. The ILO may indeed change the interpretation provided, it does not thereby infringe any provision of the Staff Regulations. But the change has to be properly made known and may not be retroactive. The only evidence adduced in support of the argument is a circular which went out after the impugned decision and which therefore could have no bearing on its lawfulness."
Reference(s)
Organization rules reference: ARTICLE 11.16 OF THE ILO STAFF REGULATIONS
Keywords:
amendment to the rules; duty to inform; interpretation; non-retroactivity; practice; provision; staff regulations and rules;
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