Decision quashed (124, 125, 126, 842, 128, 129, 130, 131, 132,-666)
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Keywords: Decision quashed
Total judgments found: 396
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Judgment 4065
127th Session, 2019
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: In his second complaint, the complainant challenges the decision to dismiss him, while he was on sick leave, for misconduct. In his third complaint, he challenges the dismissal decision on the merits.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; misconduct; sick leave; termination of employment;
Judgment 4063
127th Session, 2019
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment on disciplinary grounds.
Judgment keywords
Keywords:
complaint allowed; decision quashed; misconduct; termination of employment;
Judgment 4062
127th Session, 2019
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to renew her fixed-term contract on the grounds of unsatisfactory performance.
Judgment keywords
Keywords:
complaint allowed; decision quashed; non-renewal of contract; unsatisfactory service;
Judgment 4058
127th Session, 2019
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his fixed-term appointment for serious misconduct.
Judgment keywords
Keywords:
complaint allowed; decision quashed; disciplinary procedure; misconduct; termination of employment;
Judgment 4052
126th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to subject him to disciplinary proceedings after his separation from the EPO and to impose upon him the disciplinary measure of a reduction by one third in the amount of his retirement pension.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; disciplinary measure;
Judgment 4051
126th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss him for misconduct.
Judgment keywords
Keywords:
complaint allowed; decision quashed; misconduct; termination of employment;
Judgment 4047
126th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to impose on her with immediate effect the disciplinary measure of dismissal for serious misconduct.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; serious misconduct; termination of employment;
Judgment 4043
126th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss him for misconduct.
Judgment keywords
Keywords:
complaint allowed; decision quashed; misconduct; staff representative; termination of employment;
Judgment 4042
126th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to downgrade her for misconduct.
Judgment keywords
Keywords:
complaint allowed; decision quashed; downgrading; misconduct; staff representative;
Judgment 4040
126th Session, 2018
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her request for the reclassification of her post.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; post classification;
Judgment 4039
126th Session, 2018
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who alleges that he is the victim of institutional harassment and discrimination, seeks redress for the injury he considers he has suffered.
Judgment keywords
Keywords:
complaint allowed; decision quashed; harassment;
Judgment 4038
126th Session, 2018
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who alleges that he is the victim of institutional harassment and discrimination, seeks redress for the injury he considers he has suffered.
Judgment keywords
Keywords:
complaint allowed; decision quashed; harassment;
Judgment 4037
126th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-renewal of her temporary appointment.
Judgment keywords
Keywords:
complaint allowed; contract; decision quashed; non-renewal of contract; short-term;
Judgment 4035
126th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant accuses her former supervisor of moral harassment.
Judgment keywords
Keywords:
complaint allowed; decision quashed; harassment;
Judgment 4029
126th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to grant him the two-step within-grade increase which, he argues, WHO ought to have granted him at the time of his appointment under a fixed-term contract.
Judgment keywords
Keywords:
complaint allowed; decision quashed; step;
Judgment 4027
126th Session, 2018
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the lawfulness and outcome of several competitions in which he participated.
Judgment keywords
Keywords:
complaint allowed; decision quashed; selection procedure;
Judgment 4020
126th Session, 2018
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the denial of his second request to benefit from the temporary early termination of service scheme and the implied decision to reject his claim for compensation.
Consideration 8
Extract:
As stated in Judgments 3034, under 33, and 2459, under 9, when it deals with a claim, an administrative authority must generally base itself on the provisions in force at the time it takes its decision and not on those applicable at the time the claim was submitted. Only where this approach is clearly excluded by the new provisions, or where it would result in a breach of the requirements of the principles of good faith, the non-retroactivity of administrative decisions and the protection of acquired rights, will the above rule not apply.
If, as a result of the Tribunal setting aside an administrative decision, the competent authority must take a new decision on a claim presented to it, the Administration must base that decision on the legal and factual circumstances existing on the date on which it takes its new decision. Indeed, in that situation, none of the exceptions to the principle established by the case law cited above applies.
Reference(s)
ILOAT Judgment(s): 2459, 3034
Keywords:
applicable law; decision quashed;
Judgment 4019
126th Session, 2018
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to grant her a promotion in the 2013 promotion exercise.
Judgment keywords
Keywords:
complaint allowed; decision quashed; promotion;
Judgment 4013
126th Session, 2018
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to investigate his harassment complaint in accordance with the applicable rules.
Judgment keywords
Keywords:
complaint allowed; decision quashed; harassment; inquiry; investigation;
Judgment 4011
126th Session, 2018
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss her for misconduct.
Judgment keywords
Keywords:
complaint allowed; decision quashed; misconduct; termination of employment;
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