Staff member's duties (491, 492, 493, 494, 495, 496, 497, 500, 501, 502, 503, 504, 505, 506,-666)
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Keywords: Staff member's duties
Total judgments found: 150
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Judgment 1312
76th Session, 1994
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The complainant started divorce proceedings and was charged with acting against "law and morals" in his home country and was held there against his will. He was unable to return to his duty station at the end of his home leave and the Agency decided not to renew his appointment. "Circumstances relating to an official's private life - even though they may prompt civil or penal proceedings - are relevant in the area of administration only insofar as they may affect his performance of official duties."
Keywords:
conduct; contract; fitness for international civil service; fixed-term; municipal court; non-renewal of contract; outside activity; staff member's duties;
Judgment 1277
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"Acknowledging that a staff member has a right to leave work by way of protest against an administrative decision he does not care for would indeed mean letting him take the law into his own hands and do justice unto himself. The right of 'legitimate defence' and self-help that the complainant is claiming is alien to due process and, if tolerated, would wreak havoc in any administration."
Keywords:
due process; organisation's interest; staff member's duties; unauthorised absence;
Judgment 1275
75th Session, 1993
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
It is "the complainant who is under the duty to meet the conditions for the grant of family allowances."
Keywords:
burden of proof; dependant; social benefits; staff member's duties;
Judgment 1261
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant, whose duties included processing claims for overtime hours, was charged with using the organization's funds for his own benefit and suspended. He is seeking payment for 150 hours' overtime. The Tribunal holds that "it was his duty as the responsible officer to ensure that the organization's rules were being complied with. If they were not he should have brought the matter to the notice of his supervisors. There is no evidence that he did so. That he may have failed to apply the rules in processing claims from other employees does not entitle him to object that the organization is wrong to apply them to him. [...] The conclusion is that he failed to comply with the rules on overtime claims."
Keywords:
disciplinary measure; negligence; overtime; payment; request by a party; staff member's duties;
Considerations 7-8
Extract:
The complainant, whose duties included processing claims for payment of overtime hours, was charged with using the organization's funds for his own benefits and suspended. He has not managed to show that he did the overtime. So his claim of payment of the overtime hours, like his claim to damages and interests, fails.
Keywords:
burden of proof; disciplinary measure; negligence; overtime; payment; request by a party; staff member's duties;
Judgment 1250
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
The complainant's refusal of assignment to a post outside headquarters "was in breach of his obligation to the organization to comply with a transfer under Regulation 301.012. In view of the responsibilities of the post [to which he was assigned], that refusal impeded the effective operation of the organization [...] and amounted to misconduct."
Reference(s)
Organization rules reference: STAFF REGULATION 301.012
Keywords:
breach; complainant; definition; duty station; headquarters; organisation's interest; post; post description; refusal; serious misconduct; staff member's duties; staff regulations and rules; transfer;
Judgment 1211
74th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
The material question is whether a staff member who is entitled to payment of a pension at the maximum rate must go on contributing to the scheme. "The organisation is right in holding that there is no exception to the rule about monthly deduction."
Keywords:
contributions; pension; retirement; seniority; staff member's duties;
Judgment 1189
73rd Session, 1992
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant's request to have his designated home changed was turned down. He says that at the time of his recruitment there was an agreement with the administration to give him local status to avoid his running the risk of returning to his home country. "The argument fails. [...] The ILO could never have forced him to go [back to his home country], the taking of home leave being a right, not a duty".
Keywords:
amendment to the rules; home; home leave; refusal; right; staff member's duties;
Consideration 5
Extract:
The complainant is objecting to the local status he was granted upon recruitment. The Tribunal observes that on his application form he himself stated that he had been living in Geneva, which was his duty station, for several years. In signing that form he stated that the information he had given was "true, complete and correct". The Tribunal concludes that since he had thus declared at the time of recruitment that he had been residing in Geneva for several years, "the complainant is now estopped from contending that he was wrongly given such status".
Keywords:
duty station; good faith; local status; non-local status; residence; staff member's duties;
Judgment 1175
73rd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The organisation is free to set quotas for the output of patent examiners. The complainant has failed to offer any evidence to suggest that the quotas the organisation set for him were in any way unreasonable or that, even when he attained them, the evenness of his output was such as the organisation was entitled to expect of him. In the circumstances it is not proven that the decision not to confirm his appointment shows any [...] fatal flaws".
Keywords:
discretion; evidence; output; qualifications; reckoning; staff member's duties; unsatisfactory service; work appraisal;
Judgment 1155
72nd Session, 1992
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
"The first factor of material damages is [the complainant's] administrative and financial status at the date of dismissal [...]. Information is [also] needed on what he has been doing since leaving the organization: else he may obtain unjust enrichment. Interpol sought information from him on that score but he refused to give it. That being his attitude, any claim from him for loss of earnings cannot but fail."
Keywords:
compensatory allowance; injury; material injury; staff member's duties; termination of employment; unjust enrichment;
Judgment 1128
71st Session, 1991
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Two police reports show that the complainant was held in disfavour by the local authorities at two duty stations. As a result his appointment was not renewed. "On the evidence the Tribunal is satisfied not only that the Organization's doubts about the complainant were legitimate but also that it was free to conclude that he was unsuitable for future assignments and, more particularly, to fear that, if granted any further assignment, he might not, as was his duty under [Regulation] 301.014, behave 'in a manner befitting [his] status' as an international civil servant and with proper 'reserve and tact'."
Reference(s)
Organization rules reference: FAO STAFF REGULATION 301.014
Keywords:
conduct; contract; duty of discretion; fitness for international civil service; fixed-term; non-renewal of contract; staff member's duties;
Consideration 6
Extract:
"It is at the discretion of an international organisation to discontinue employment it has lost confidence in the staff member and no longer believes that he will show due respect for its good name, and the Tribunal will not interfere with the decision the organisation takes in the exercise of that discretion unless it finds one of the fatal flaws that warrant setting the decision aside. Such flaws include procedural defects, failure to take account of some essential fact and misuse of authority."
Keywords:
discretion; judicial review; non-renewal of contract; organisation's reputation; staff member's duties; termination of employment;
Judgment 1115
71st Session, 1991
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The reason why the complainant was given an unsatisfactory rating for conduct was that, as he does not deny, he had disclosed his superior's 'day'. That was a clear breach of Regulation 1.7", which bars officials from communicating information known to them by reason of their official position which has not been made public.
Reference(s)
Organization rules reference: WIPO STAFF REGULATION 1.7
Keywords:
communication to third party; conduct; confidential evidence; duty of discretion; staff member's duties;
Judgment 1070
70th Session, 1991
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7, Summary
Extract:
The complainant submitted a claim for medical expenses incurred by his former wife which another insurance scheme had already met. He submits that he bore no responsibility for the error and acted in good faith. The Tribunal holds that as he knew that his former wife was covered under another health scheme he should have made sure that it had not previously refunded her expenses. The complainant's "conduct argues, to say the least, a degree of laxity quite inadmissible in an international civil servant in that he wilfully ran a substantial and unreasonable risk, the foreseeable outcome being the defrauding of the fund. He has only himself to blame for the consequences of his own oversight."
Keywords:
complainant; fitness for international civil service; good faith; health insurance; insurance; medical expenses; misrepresentation; negligence; request by a party; serious misconduct; staff member's duties;
Judgment 1061
70th Session, 1991
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5 and 7
Extract:
The complainant submits that being a town councillor did not amount to misconduct. FAO Staff Regulation 301.017 provides: "Any staff member who becomes a candidate for a public office of a political character shall resign from the Organization." The reason for the rule is that an international civil servant, "though entitled to hold his own political views, must stand aloof from demonstrations of adherence to a political party. His holding of elective political office is misconduct as defined by the rules [...] and is sufficient reason for dismissal."
Reference(s)
Organization rules reference: FAO STAFF REGULATION 301.017
Keywords:
freedom of conscience; misconduct; political activity; staff member's duties; termination of employment;
Consideration 3
Extract:
"Freedom of speech must be protected particularly for officers of a staff association, so that they are not hampered in their task of representing the membership when in dispute with the administration. But there are limits on such freedom. A staff representative's public statements must not impair the dignity of the international civil service: indeed he is under a special obligation not to abuse his rights by using expressions or resorting to behaviour incompatible with the decorum appropriate to his status both as an international civil servant and as an elected staff representative." (Vide Judgments 87 and 911.)
Reference(s)
ILOAT Judgment(s): 87, 911
Keywords:
conduct; duty of discretion; fitness for international civil service; freedom of speech; staff member's duties; staff representative; staff union;
Judgment 1050
69th Session, 1990
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"But Regulation 4.2 provides that the purpose of transfer is to secure 'the highest standards of efficiency, competence and integrity'. In acting in pursuance of that purpose the Director-General is not precluded from transferring a staff member provided that his intention is, as Regulation 1.1 requires, to serve the organization's interests and that the staff member's own abilities and interests are not overlooked. Where the Director-General believes that the organization's interests must prevail he will act accordingly and the staff member will ordinarily have to fall in line unless he prefers resignation."
Reference(s)
Organization rules reference: UNESCO STAFF REGULATIONS 1.1 AND 4.2
Keywords:
discretion; organisation's duties; organisation's interest; purpose; staff member's duties; staff member's interest; transfer;
Judgment 1011
68th Session, 1990
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Article VII of the Tribunal's Statute says that a complaint shall not be receivable unless the decision impugned is a final one and such remedies as are available under the applicable Staff Regulations have been exhausted. To satisfy that requirement, which is mandatory, the staff member must duly lodge an internal appeal with the competent body within the time limit in the Staff Regulations."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
formal requirements; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff member's duties; staff regulations and rules; time limit;
Judgment 959
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was in "breach of Articles 1.1, 1.2 and 1.5 of the ILO Staff Regulations, which prohibit the carrying out of instructions from any external authority, the acceptance of fees and engaging in outside occupations in general without the consent of the Director-General. What is more, and contrary to the complainant's contention, that prohibition holds good during periods of leave as well." [The complainant took up employment with UNICEF before the end of his appointment with the ILO.]
Reference(s)
Organization rules reference: ARTICLES 1.1, 1.2 AND 1.5 OF THE ILO STAFF REGULATIONS
Keywords:
annual leave; concurrent employment; period; staff member's duties;
Judgment 939
65th Session, 1988
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 30
Extract:
"If the organisation's best interests so require, if the post suits the appointee's qualifications and if his contract so permits, the assignment may be ordered even against his wishes."
Keywords:
discretion; organisation's interest; staff member's duties; transfer;
Judgment 937
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12, Summary
Extract:
The complainant was dismissed for misconduct. The organization submits that the complainant took home leave without going to his home country, the one which treats him as its citizen. The Tribunal held that the complainant was in breach of the letter and spirit of the rules: "Though the rules do allow rerouting, it must not be more than a minor change in travel arrangements."
Keywords:
direct route; enforcement; exception; home leave; misconduct; place of origin; serious misconduct; staff member's duties; staff regulations and rules; termination of employment;
Judgment 911
64th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"According to precedent, a staff association enjoys special rights that include broad freedom of speech and the right to take to task the administration of the organisation whose employees it represents. Like any other freedom, however, freedom of speech has its bounds. A staff association may not resort in public to action that impairs the dignity of the international civil service, save that the degree of discretion required of it is not as great as is expected of an individual staff member: both law and practice allow it wider freedom of speech and only gross abuse will be inadmissible."
Keywords:
collective rights; duty of discretion; freedom of association; freedom of speech; limits; staff member's duties;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 17 and 20
Extract:
The complainant "was made to take special leave at full pay. The material provision is [Unesco Staff] Rule 105.2(b): 'in exceptional circumstances staff members may be required to take special leave with pay, this measure being without prejudice to the rights of the staff member'. [...] The organization is not saying that no suitable post was vacant at the time the impugned decision was taken [...] nor does it maintain that it made the efforts it could have made to find a solution. All it does say is that the complainant never applied at the time for a single post. [...] On the broader issue, if the organization's intent was that the decision should be some sort of disciplinary sanction, then it would have perverted Rule 105.2(b)".
Reference(s)
Organization rules reference: UNESCO STAFF RULE 105.2(B)
Keywords:
assignment; disciplinary measure; exception; hidden disciplinary measure; organisation's duties; special leave; staff member's duties; staff regulations and rules;
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