Conduct (492, 493, 494, 495, 496, 497, 500, 501, 502, 503, 504, 505, 506,-666)
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Keywords: Conduct
Total judgments found: 119
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Judgment 139
22nd Session, 1969
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The [...] facts show that the complainant's differences with his chiefs were the root cause of the suppression of his post. Such a measure might never have been even considered if the complainant's conduct had always been above criticism. It does not, however, follow that this is a case of abuse of discretionary power. [...] In the case at issue the suppression of post was based on two grounds, one related to the person of the complainant, and the other to the interests of the service. [...] This second ground is sufficient to justify the decision taken in the circumstances of the case."
Keywords:
abolition of post; conduct; organisation's interest; working relations;
Consideration 1
Extract:
"[T]he desire to terminate the contract of an unsatisfactory staff member is not in itself a ground for suppressing his post; that would mean depriving the staff member concerned of the legal remedies to which he is entitled, or at least, by disguising the true reasons for his termination, would make it difficult for him to defend his interests. If, however, the result of a suppression of post is to effect a permanent saving, it is not irregular simply because it also has the effect of removing an official."
Keywords:
abolition of post; budgetary reasons; conduct; grounds;
Judgment 132
21st Session, 1969
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Examination of the evidence shows that incidents involving [the complainant] had created a situation in the [regional office] prejudicial to its satisfactory operation. Consequently, regardless of where the responsibility for the incidents in question might lie, the Director-General on becoming aware of this situation was entitled to act under the authority derived from [the provision respecting transfer of staff in the interests of the service]."
Keywords:
conduct; discretion; organisation's interest; transfer;
Judgment 121
20th Session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The renewal or non-renewal of a contract of employment is a matter within the discretion of the Director-General. Accordingly the Tribunal will not interfere with his decision unless it [...]. The Tribunal may not substitute its own judgment for that of the Director-General in regard to the work or conduct or qualifications of the person concerned."
Keywords:
conduct; contract; discretion; fixed-term; judicial review; non-renewal of contract; work appraisal;
Judgment 96
16th Session, 1966
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant's behaviour, in which he persisted over a period of several years in spite of warnings from the organisation and from the Tribunal, showed repeated infringements by him [...] of the Staff Regulations and was of a nature to throw public discredit on the organisation; it thus constituted serious misconduct under which [the applicable provision] was such as legally to justify his summary dismissal without notice."
Keywords:
conduct; organisation's reputation; serious misconduct; staff member's duties; summary dismissal; termination of employment; vexatious complaint; warning;
Judgment 79
13th Session, 1964
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The acts criticised show that "the complainant was guilty of serious misconduct; moreover, even if they had concerned only his private life - which is not the case - these acts were of a nature to compromise the organization's reputation and thus legally to warrant summary dismissal [...] under the terms laid down" in the relevant provision. The fact that the complainant "was ill at the time and that special sick leave for officials is normally provided for [...] constitutes no obstacle to the enforcement of the said provision by the Director-General."
Keywords:
conduct; disciplinary measure; illness; organisation's reputation; outside activity; serious misconduct; summary dismissal; termination of employment;
Judgment 65
11th Session, 1962
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The decision not to renew the complainant's appointment [...] taken on the basis of a single unfavourable report after a long period of satisfactory service, would leave out of account essential material elements and would constitute an obviously wrong conclusion drawn from the record unless the appraisal report and the comments thereon disclosed sufficiently serious deficiencies in the work or conduct of the official concerned to justify by themselves the decision not to renew the official's appointment."
Keywords:
conduct; contract; different appraisals; disregard of essential fact; fixed-term; mistaken conclusion; non-renewal of contract; performance report; satisfactory service; unsatisfactory service;
Consideration 5
Extract:
"The reference to the complainant's conduct was properly part of the record incorporating the appraisal report and was not objected to as such by the complainant, so that the Director-General could properly take notice thereof in deciding whether, in the light of the facts disclosed in the 1960 report and comments thereon, the complainant's appointment should be extended."
Keywords:
acceptance; complainant; conduct; contract; fixed-term; non-renewal of contract; performance report; unsatisfactory service;
Judgment 63
11th Session, 1962
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The "many breaches of duty imply serious misconduct. Not only did [the complainant] cause so much dissension among the teaching staff and students [...] that the [national] authorities intervened, but he compromised the reputation of [the organization] itself. From an objective point of view, he has incurred a heavy responsibility which is equally heavy if viewed from a subjective point of view. As an intellectual he was bound to be aware of the consequences of his actions and, as an expert on an important mission, he should have been scrupulously careful to show himself worthy of the confidence that had been placed in him."
Keywords:
conduct; duty of discretion; organisation's reputation; serious misconduct; staff member's duties;
Consideration 3
Extract:
"It is [...] obvious that by [the complainant's] mere refusal to come to [headquarters] in response to the orders of the Director-General, he justified the sanction imposed on him. On this point too his dereliction of duty is patent. He rebelled against the authority of the Director-General instead of submitting to it as was his duty under [the Staff Regulations]. It was therefore knowingly that he failed to comply with his instructions. a most serious view must be taken of his behaviour."
Keywords:
conduct; insubordination; serious misconduct; staff member's duties;
Judgment 56
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Director-General had good reason to believe that [the complainant's] behaviour was not beyond reproach, and that [...] her performance was inadequate and her attitude towards her colleagues insufferable. In these circumstances, it is quite clear that the refusal to renew the complainant's appointment is not tainted by any defect such as would justify either the quashing of the decision or the award of an indemnity."
Keywords:
conduct; contract; fixed-term; non-renewal of contract; output; unsatisfactory service; working relations;
Judgment 53
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"As defaulting on financial obligations and incurring debts beyond the debtor's capacity to repay [...] are incompatible with the standards of conduct required of an international civil servant and are likely to bring the organization and its officials into public disrepute [...]. The Director General's decision to terminate the complainant's probationary appointment [...] was in the circumstances of this case fully justified."
Keywords:
conduct; debt; organisation's reputation; probationary period; staff member's duties; termination of employment;
Consideration 1
Extract:
"While the Tribunal is competent to review any decision of the Director-General to terminate the appointment of [an] official, insofar as it may be tainted [etc.]. The Tribunal will not substitute its own opinion for that of the Director-General as regards the conduct or suitability of an official for international service."
Keywords:
conduct; discretion; fitness for international civil service; judicial review; work appraisal;
Judgment 42
8th Session, 1960
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Whatever the attitude of the WHO authorities, the complainant had no right whatsoever to reveal to a person outside the organization facts that were of concern to the organization only."
Keywords:
conduct; duty of discretion; staff member's duties;
Consideration 2
Extract:
The complainant spoke ill of an official of the organization to national authorities. "The complainant's attitude was therefore such as to make [the organization] lose confidence in him. It was incompatible 'with the oath [...] which required him to act 'with the interests of the [organization] only in view' [...] to avoid any action which might adversely reflect on his status [...] and laid on him the obligation to show discretion [...]. In effect, the complainant's conduct was not satisfactory and he showed himself unsuited to international service." The termination of his appointment is warranted.
Keywords:
conduct; duty of discretion; fitness for international civil service; probationary period; staff member's duties; termination of employment;
Judgment 36
7th Session, 1958
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"In drawing up the complainant's annual report, his supervisor did not deny the validity of the medical certificate submitted by the complainant to justify his absence but justly criticised the discourteous manner in which he had made use of a medical certificate to remain away from work [...]. The evaluation expressed in that report was made within the exercise of a discretion and constituted only a [preliminary] opinion [...]. There can be no recourse to the Tribunal in relation to this evaluation." The complainant was granted an annual increment on the basis of this report and there was therefore no decision which is injurious to the complainant.
Keywords:
cause of action; conduct; discretion; lack of injury; no cause of action; performance report; supervisor;
Judgment 24
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (L)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Judgment 23
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (L)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Consideration (D)
Extract:
"The grounds adduced [for the dismissal] are [...] the duty of officials 'to conduct themselves at all times in a manner befitting their status as international civil servants', 'to bear in mind the reserve and tact incumbent upon them by reason of their international status' and at no time to lose sight of the interests of the international organisation for which they serve."
Keywords:
conduct; duty of discretion; fitness for international civil service; grounds; staff member's duties; termination of employment;
Judgment 22
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (L)
Extract:
The complainant was dismissed because of doubts concerning her integrity. "The fact that in this case the doubts raised as to the loyalty to her own government brought by a government which enjoys in all respects the highest prestige, must be without any influence upon the consideration of the facts in the case and the determination of the principles whose respect the Tribunal must ensure."
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Judgment 21
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (L)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Judgment 19
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on the substance (D)
Extract:
Vide Judgment 16, consideration on the substance, (d).
Reference(s)
ILOAT Judgment(s): 16
Keywords:
complainant; conduct; disciplinary measure; inquiry; investigation; misconduct; organisation's duties;
On the substance (E)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Judgment 18
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on the substance (E)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Consideration on the substance (D)
Extract:
Vide Judgment 16, consideration on the substance, (d).
Reference(s)
ILOAT Judgment(s): 16
Keywords:
complainant; conduct; disciplinary measure; inquiry; investigation; misconduct; organisation's duties;
Judgment 17
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on the substance (D)
Extract:
Vide Judgment 16, consideration on the substance, (d).
Reference(s)
ILOAT Judgment(s): 16
Keywords:
complainant; conduct; disciplinary measure; inquiry; investigation; misconduct; organisation's duties;
On the substance (E)
Extract:
Vide Judgment 22, consideration l.
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Judgment 15
4th Session, 1954
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
It does not follow from the Staff Regulations that the conduct of an official with regard to the government of his country is entirely outside the control of the disciplinary authority of the organisation; "on the contrary this is the case when that conduct is judged to be seriously likely to affect the dignity of the official and the prestige of the organisation to which he belongs - a point of fact of which the appreciation will vary according to the circumstances of each case."
Keywords:
conduct; independence; member state; official; organisation;
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