Organisation's interest (551,-666)
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Keywords: Organisation's interest
Total judgments found: 217
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Judgment 5187
141st Session, 2026
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a Board of Appeal member, challenges his transposition to a new grade with effect from 1 January 2017.
Consideration 13
Extract:
Il ressort [...] du dossier que les nouvelles règles, [..], résultant de la décision CA/D 8/16 visaient à renforcer l’indépendance des membres des chambres de recours, à simplifier le régime de carrière applicables à ceux-ci et à assurer la cohérence de ce régime avec les principes du nouveau système de carrière issu de la décision CA/D 10/14. De tels objectifs ne sauraient être regardés comme déraisonnables. En outre, il convient de relever que, si le requérant soutient que certaines des dispositions adoptées n’auraient pas été pertinentes au regard de ces objectifs, le dossier ne fait pas apparaître que celles-ci aient procédé d’un abus de la liberté d’appréciation reconnue à l’Organisation dans ce domaine [...].
Keywords:
career; change of rules; discretion; organisation's interest;
Judgment 5152
141st Session, 2026
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks a review of the measures taken following the Organization’s acknowledgment of the violation of its duty of care towards him and asks that it be ordered to publish a press release to clear his reputation and to pay him additional amounts in moral damages and legal “fees”.
Consideration 8
Extract:
The Tribunal cannot, however, accept the complainant’s fourth and last argument that UNAIDS violated its duty of care by placing him on special leave with full pay or that the subsequent extensions thereof were invalid. Pursuant to Staff Rule 650.2, the Executive Director had the authority to place a staff member on special leave with full pay if he considered that it was in the interest of the Organization to do so. There were no other criteria in the applicable provisions limiting the exercise of this discretion by the Executive Director. To suggest that the Executive Director should have given priority, at that time, to the complainant’s interests and the protection of his reputation over those of the Organization would invite the Tribunal to second-guess what was otherwise a reasonable exercise of discretion by the executive head of the Organization faced with the situation that he then had to manage.
Keywords:
duty of care; investigation; leave with pay; organisation's interest; organisation's reputation; staff member's interest;
Judgment 5136
141st Session, 2026
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of his application for the Voluntary Departure Programme.
Consideration 10
Extract:
The complainant’s submissions that his departure would have resulted in significant financial savings for Interpol and would have been in Interpol’s organizational interest and replacement needs, are his personal opinions. The determination of these matters falls within the discretionary authority of the Secretary General and the Tribunal discerns no error in the exercise thereof.
Keywords:
discretion; executive head; financial considerations; organisation's interest;
Judgment 5134
141st Session, 2026
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-renewal of his contract based on his unsatisfactory performance.
Consideration 12
Extract:
The Tribunal has its well-settled case law that organizations may withhold sensitive evidence to protect witnesses. However, safeguards must be in place to ensure that the staff member nevertheless receives sufficient disclosure to contest the substance of the allegations. In the present case, while summaries were provided, the complainant was denied access to the documents that were central to the contested decision. It is well established in the Tribunal’s case law that a 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. Additionally, under normal circumstances, such evidence cannot be withheld on grounds of confidentiality (see, for example, Judgment 2700, consideration 6). It also follows that a decision cannot be based on a material document that has been withheld from the concerned staff member (see, for example, Judgment 2899, consideration 23). […]
As the Tribunal stated in Judgment 4217, consideration 4, regarding the disclosure of an investigation report in a similar situation, that “by refusing to provide the complainant with the report in question during the internal appeals procedure [the Organisation] unlawfully deprived [the complainant] of the possibility of usefully challenging the findings of the investigation.[…]"
Reference(s)
ILOAT Judgment(s): 2700, 2899, 4217
Keywords:
confidential evidence; disclosure of evidence; due process; duty to inform; organisation's interest;
Judgment 5130
141st Session, 2026
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to renew his fixed-term contract further to the abolition of his position due to budgetary constraints.
Consideration 7
Extract:
[T]he complainant’s position was not funded from a stable, regular budget line but from temporary funds. IOM retained the discretionary power to adjust allocations as operational needs required and was under no obligation to maintain a budget allocation that was no longer in the best interest of the Organization.
Keywords:
decision; discretion; executive head; financial considerations; fixed-term; non-renewal of contract; organisation's duties; organisation's interest;
Judgment 5099
141st Session, 2026
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her contract for abandonment of post.
Consideration 8
Extract:
The Tribunal finds that the Global Fund was not required to take additional precautionary measures to facilitate the complainant’s return to work and no abuse of authority has been established, as the complainant, being the party asserting this allegation, must prove it (see, for example, Judgments 4988, consideration 5, 4524, consideration 15, 4467, consideration 17, 4146, consideration 10, 3939, consideration 10, 2264, consideration 7(a), and 2163, consideration 11), which she has not done. The Tribunal’s case law has held that it is not always feasible to accommodate the needs of each individual employee, as the product or result of the work is frequently and justifiably accorded higher priority than an individual’s personal interests (see Judgments 4345, consideration 5, 4316, consideration 18, 3447, consideration 11, 3192, consideration 22, and 2587, consideration 10). Furthermore, the Tribunal is satisfied that the Global Fund has acted in good faith and fulfilled its duty of care by repeatedly inviting the complainant to regularise her employment situation and giving support to her in clarifying her legal situation after introducing Section 19(E) into the Employee Handbook.
Keywords:
abuse of power; evidence; organisation's interest;
Judgment 4889
138th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge their transposition to a new grade following the introduction of a new career system.
Consideration 9
Extract:
As regards the arguments contesting the need for the reform, it is not for the Tribunal, in any event, to review the advisability or merits of the changes which an international organisation wishes to make to salary structures or to the arrangements for career progression, that form part of general staff management policy which an organisation is free to pursue in accordance with its interests (see, for example, Judgments 4274, consideration 15, or 3275, consideration 8).
Reference(s)
ILOAT Judgment(s): 3275, 4274
Keywords:
change of rules; organisation's interest;
Judgment 4856
138th Session, 2024
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to dismiss him for misconduct.
Judgment keywords
Keywords:
complaint dismissed; conflict of interest; disciplinary measure; misconduct; organisation's interest; outside activity; political activity; proportionality; staff member's duties;
Consideration 4
Extract:
[T]he FAO/WFP’s regulatory framework prohibits a staff member from engaging in any political activities or being a candidate for a public office of a political character. WFP Human Resources (HR) Manual Section I.2.2.3 relevantly states that staff members wishing to submit their candidacy for a public office, provided that it is not political in nature, must obtain prior authorization from the Executive Director. This section however refers to Staff Regulation 301.1.7, which states that any staff member who becomes a candidate for public office of a political character, while still employed with the WFP, shall resign from the Organization. This makes it obvious that a staff member’s participation in such political activity is inimical to the interest of the WFP and is strictly forbidden. Notably, the Tribunal has stated, in Judgment 1061, consideration 5, that the reason for the provision in Staff Regulation 301.1.7 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 and that integrity, loyalty to the international civil service, independence and impartiality are the standards required of an international civil servant and they require him or her to keep clear of involvement in national party politics.
Reference(s)
ILOAT Judgment(s): 1061
Keywords:
conflict of interest; international civil service principles; organisation's interest; outside activity; political activity; rules of the organisation; staff member's duties;
Judgment 4662
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the Secretary General’s decision to reject her application for voluntary departure and her claim for compensation for “legitimate resignation”.
Consideration 9
Extract:
[I]n assessing the complainant’s application, the Committee and the Secretary General were entitled to take into account the Organization’s interests and the consequences of the complainant’s voluntary departure. The reasons given for rejecting her application – firstly, to await the arrival of a new executive director to assess the needs of the executive directorate, and secondly, because of the recent assignment of additional staff to her unit to meet human resources requirements – could be justified in terms of the Organization’s interests. It is not for the Tribunal to substitute its assessment for that of the Organization in such a case.
Keywords:
judicial review; motivation; organisation's interest;
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 25
Extract:
[T]he Tribunal finds that the complainant’s conduct was in fact such as to reflect adversely on his position and compromise the Organization’s image and interests.
Engaging in domestic abuse, which is not only a criminal offence but also strongly condemned by society, is a clear breach of the requirements of moral probity and decency that all international civil servants must respect. By its very nature, the conduct in question therefore adversely reflected on the complainant’s status and position.
Moreover, any publicity given to such conduct was likely to compromise the reputation and image of the Organization, especially as the complainant held a senior position within it. This risk was all the more significant for the fact that the ILO’s mandate, as entrusted to it by the international community, includes promoting gender equality and combating violence against women in the world of work, and, when seen against its pursuit of these objectives, it would obviously have been highly embarrassing for the Office if it had appeared to tolerate one of its officials assaulting his wife. The offending conduct was therefore also such as to compromise the image and interests of the Organization.
In this regard, it should be pointed out that the fact that the complainant’s conviction by the Tribunal correctionnel was exempted from entry in certificate No. 2 of his criminal record does not, in practice, exclude the possibility that third parties may nevertheless learn of that conviction.
Keywords:
domestic violence; organisation's interest;
Judgment 4301
130th Session, 2020
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to withdraw a vacancy notice and re-advertise it, and the ad interim appointment of a colleague in the meantime.
Consideration 8
Extract:
[T]he contested changes were intended to satisfy the need to strengthen the core human potential and expertise of the NE Department concentrating more on nuclear energy specialists whose positions require special areas of knowledge. The modification of the university specialization was consistent with the pursued objective. It is not within the Tribunal’s competence to review the organizational programmatic choices of the Agency.
Keywords:
competence of tribunal; organisation's interest; vacancy notice;
Judgment 4261
129th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the withdrawal of a decision to assign her additional duties on a temporary basis.
Consideration 6
Extract:
The fact that a managerial decision was taken in the interests of the service and under time pressure is not inherently incompatible with it also being an act of retaliation. Very often a managerial decision involves choices between courses of action. The adoption of a course of action because it is in the interests of the service, may also be intended, at least in part, as an act of retaliation.
Keywords:
organisation's interest; retaliation;
Judgment 4254
129th Session, 2020
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend his appointment beyond the statutory retirement age.
Consideration 9
Extract:
[T]he Tribunal can but recall that what is in the interest of an organisation may be decided at the discretion of its executive head (see Judgments 2105, consideration 17, and 4084, consideration 13).
Reference(s)
ILOAT Judgment(s): 2105, 4084
Keywords:
organisation's interest;
Judgment 4220
129th Session, 2020
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the rejection of their requests for an agreed separation.
Consideration 11
Extract:
[T]here is no element which leads the Tribunal to question this organizational evaluation of what is in the best interest of the Organization which is within the knowledge and the competence of the executive head (see, for example, Judgments 3858, consideration 12, and 2377, consideration 5).
Reference(s)
ILOAT Judgment(s): 2377, 3858
Keywords:
discretion; organisation's interest;
Judgment 4216
129th Session, 2020
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the lawfulness of the decision to cancel a competition procedure in which he took part.
Considerations 3-4
Extract:
The Tribunal has consistently held that the executive head of an international organisation may cancel a competition in the interest of the organisation if, for example, it becomes apparent that the competition will not enable the post concerned to be suitably filled, and the opening of such a procedure does not therefore imply that a candidate will necessarily be appointed to that post (see, for example, Judgments 791, consideration 4, 1771, consideration 4(e), 1982, consideration 5(a), 2075, consideration 3, 3647, consideration 9, and 3920, consideration 18).
According to the same case law, the decision not to fill a post for which a competition procedure is opened – like any decision to appoint an official in the opposite case that an appointment is made – is a matter for the discretion of the organisation’s executive head and is therefore subject to only limited review by the Tribunal (see, in particular, aforementioned Judgments 791, consideration 4, or 1771, consideration 6). The Tribunal must, however, ascertain whether that decision was taken in breach of applicable rules on competence, form or procedure, if it was based on a mistake of fact or of law, if an essential fact was overlooked, if a clearly mistaken conclusion was drawn from the facts, or if there was abuse of authority (see, for example, Judgments 1689, consideration 3, 2060, consideration 4, 2457, consideration 6, 3537, consideration 10, and 3652, consideration 7).
Reference(s)
ILOAT Judgment(s): 791, 1689, 1771, 1982, 2060, 2075, 2457, 3537, 3647, 3652, 3920
Keywords:
competition cancelled; discretion; organisation's interest;
Judgment 4089
127th Session, 2019
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her appointment beyond the statutory retirement age.
Consideration 7
Extract:
[I]t was open to the Director General to view the complainant’s conduct giving rise to and the subsequent conduct in relation to the judgment debt as falling short of the standards demanded of international civil servants. Accordingly, and subject to the various legal arguments of the complainant, it was open to the Director General to conclude it was not in the interests of the Agency to extend the complainant’s appointment beyond the mandatory retirement age.
Keywords:
age limit; conduct; discretion; extension beyond retirement age; organisation's interest; retirement; staff member's duties;
Judgment 4084
127th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to transfer her and the appointment of another staff member without a competitive recruitment process.
Consideration 13
Extract:
The complainant contends that, contrary to Staff Regulation 4.3(a), her transfer was not in the best interest of WIPO and that no consideration was given to her interests. The Tribunal has consistently stated that what is in the interest of an organization should be left to the organization to decide (see Judgment 2105, under 17) and that greater caution must be shown before interfering with such decisions because the executive head must ordinarily be deemed to be the best judge of what the interests of the organization are (see Judgment 1050, under 4, and Judgment 3193, under 9).
Reference(s)
ILOAT Judgment(s): 1050, 2105, 3193
Keywords:
executive head; organisation's interest;
Judgment 4081
127th Session, 2019
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision of the Director General not to allow him to carry out an assignment outside the Organisation.
Consideration 19
Extract:
The Tribunal recalls its case law according to which “[t]here will indeed be misuse of authority where an administration acts for reasons that are extraneous to the organisation’s best interests and seeks some objective other than those which the authority vested in it is intended to serve” (see Judgment 1129, consideration 8). Moreover, “misuse of authority may not be presumed and the burden of proof is on the party that pleads it” (see Judgment 3939, consideration 10).
Reference(s)
ILOAT Judgment(s): 1129, 3939
Keywords:
abuse of power; burden of proof; misuse of authority; organisation's interest;
Judgment 3940
125th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to abolish his post.
Consideration 5
Extract:
The Tribunal has consistently held that the outsourcing of certain services, that is to say the use by an organisation of external contractors to perform tasks that it feels unable to assign to officials hired under its staff regulations, forms part of the general employment policy that an organisation is free to pursue in accordance with its general interests. The Tribunal is not competent to review the advisability or merits of the adoption of such a measure in a specific field of activity (see Judgments 3275, under 8, 3225, under 6, 3041, under 6, 2972, under 7, 2907, under 13, 2510, under 10, 2156, under 8, and 1131, under 5).
Reference(s)
ILOAT Judgment(s): 1131, 2156, 2510, 2907, 2972, 3041, 3225, 3275
Keywords:
competence of tribunal; organisation's interest; outsourcing;
Judgment 3939
125th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend his appointment beyond the statutory retirement age.
Consideration 6
Extract:
As the Tribunal has already emphasised, it is in the interests of an international organisation to ensure that the trade unions or associations representing its staff operate in good conditions (see Judgment 496, under 17). Hence, in order to determine whether retaining an official in service beyond the age of retirement is in the organisation’s interests, it is necessary to take account of any staff representative work carried out by the person in question (see, with respect to a similar case, Judgment 3521, under 1 to 3 and 5).
Reference(s)
ILOAT Judgment(s): 496, 3521
Keywords:
age limit; equal treatment; organisation's interest; retirement; staff representative; staff union; staff union activity;
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