Oral proceedings (166, 167, 633, 795, 796, 707, 797, 798, 799,-666)
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Keywords: Oral proceedings
Total judgments found: 205
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Judgment 4895
138th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Le requérant conteste la date de sa promotion avec effet rétroactif et demande à être promu à une date antérieure.
Consideration 11
Extract:
[L]e Tribunal relève tout d’abord qu’à défaut de disposition expresse en sens contraire, il suffit, pour que le droit d’être entendu dans le cadre d’une procédure contradictoire soit respecté, qu’un fonctionnaire ait été mis à même de présenter ses allégations et ses arguments, soit par écrit, soit oralement, sans que l’organe de recours soit tenu de lui offrir ces deux possibilités à la fois (voir, notamment, les jugements 4743, au considérant 13, 3447, au considérant 8, et 3023, au considérant 11). Il ressort à cet égard des écritures que le requérant a eu amplement l’occasion de faire valoir ses allégations et ses arguments par écrit et qu’il a été informé, par courrier du 19 novembre 2019, que le président de la chambre saisie du recours interne avait décidé de ne pas organiser d’audition, étant donné que l’affaire pouvait être traitée de manière adéquate sur la base des écrits déjà déposés par le requérant devant la Commission.
En l’espèce, le droit d’être entendu oralement par la Commission de recours était bien applicable au moment où le requérant a introduit son recours interne le 23 mai 2014. Toutefois, à la suite des modifications apportées au Règlement d’application des articles 106 à 113 du Statut des fonctionnaires par la décision du Conseil d’administration CA/D 7/17 du 29 juin 2017, entrée en vigueur le 1er juillet 2017, le paragraphe 1 de l’article 8 de ce Règlement a remplacé ce droit d’être entendu oralement par une faculté pour le président de la chambre chargée du recours ou par le membre assurant la présidence de celle-ci d’organiser une telle audition s’il l’estime utile. Or, en vertu de la jurisprudence du Tribunal, toute modification des règles de procédure applicables devant un organe interne de recours est directement applicable aux affaires en cours devant cet organe, sauf à ce qu’une disposition transitoire prévoie le contraire (voir, notamment, le jugement 3895, au considérant 4). Tel n’étant pas le cas en l’occurrence, le président de la chambre saisie, lorsqu’il s’est prononcé sur ce point le 19 novembre 2019, a correctement appliqué l’article 8 du Règlement d’application précité, dans sa nouvelle version en vigueur à l’époque.
Reference(s)
ILOAT Judgment(s): 3023, 3447, 3895, 4743
Keywords:
applicable law; internal appeal; internal appeals body; oral proceedings; right to be heard;
Judgment keywords
Keywords:
applicable law; competence of tribunal; complaint dismissed; discretion; internal appeal; internal appeals body; judicial review; oral proceedings; order; promotion; retroactivity; right to be heard; work appraisal;
Judgment 4855
138th Session, 2024
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the appointment of another official to the position of Deputy Director, Investment Centre Division, following a competition.
Consideration 16
Extract:
The complainant sought oral proceedings, but the Tribunal is satisfied it is in a position to make a fair and balanced decision having regard to the written material provided by the parties.
Keywords:
oral proceedings;
Judgment 4854
138th Session, 2024
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the appointment of another official to the position of Director, Office of Strategy, Planning and Resources Management, following a competitive selection process.
Consideration 20
Extract:
The complainant sought oral proceedings, but the Tribunal is satisfied it is in a position to make a fair and balanced decision having regard to the written material provided by the parties.
Keywords:
oral proceedings;
Judgment 4853
138th Session, 2024
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the direct appointment, ad interim, of Mr F. to the position of Director, Agricultural Development Economics Division.
Consideration 13
Extract:
The complainant sought oral proceedings, but the Tribunal is satisfied it is in a position to make a fair and balanced decision having regard to the written material provided by the parties.
Keywords:
oral proceedings;
Judgment 4852
138th Session, 2024
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the appointment, by lateral transfer, of another official to the position of Director, FAO Liaison Office in Geneva.
Consideration 18
Extract:
The complainant sought oral proceedings, but the Tribunal is satisfied it is in a position to make a fair and balanced decision having regard to the written material provided by the parties.
Keywords:
oral proceedings;
Judgment 4837
138th Session, 2024
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who separated from service, contests the placement in his personnel file of a letter stating that he was found to have committed sexual harassment during his employment and that, had he not separated from service, he would have been imposed the disciplinary measure of a final letter of warning.
Considerations 18-21
Extract:
[T]he complainant submits, in substance, that the Appeals Commission prevented him from attending the hearing of the witnesses it called to permit him to test the evidence, and, in any event, that he was not even provided with the statements of such witnesses […] The Federation relies on Judgment 4408, where the Tribunal concluded, in consideration 4, that an interview conducted as an “investigative measure” to enable an appeal body to obtain general information not relating specifically to the situation of the complainant was not a hearing where the complainant was required to be present or where the content of the discussion had to be disclosed to him or her […] It is obvious from the content of the Appeals Commission report that the information sought by the Commission was not of a general nature and that it was relating specifically to the investigation and disciplinary procedure at issue. In these circumstances, the Tribunal considers that the complainant had a right, at least to have been apprised of the content of the interviews and to provide his comments if he so wished. Since this was not done, the complainant’s right to be heard was violated […] For this, which is an infringement of due process, he will be awarded 15,000 Swiss francs.
Reference(s)
ILOAT Judgment(s): 4408
Keywords:
due process; internal appeal; internal appeals body; internal procedure; moral damages; oral proceedings; right to be heard; witness;
Judgment 4836
138th Session, 2024
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his non-selection for several positions.
Considerations 13-17
Extract:
[T]he complainant submits, in substance, that the Appeals Commission prevented him from attending the hearing of the witnesses it called to permit him to test the evidence, and, in any event, that he was not even provided with the statements of such witnesses […] The Federation relies on Judgment 4408, where the Tribunal concluded, in consideration 4, that an interview conducted as an “investigative measure” to enable an appeal body to obtain general information not relating specifically to the situation of the complainant was not a hearing where the complainant was required to be present or where the content of the discussion had to be disclosed to him or her […] It is obvious from the content of the Appeals Commission report that the information sought by the Commission was not of a general nature and that it was relating specifically to the selection procedures at issue. In these circumstances, the Tribunal considers that the complainant had a right, at least to have been apprised of the content of the interviews and to provide his comments if he so wished. Since this was not done, the complainant’s right to be heard was violated […] For this, which is an infringement of due process, he will be awarded 15,000 Swiss francs.
Reference(s)
ILOAT Judgment(s): 4408
Keywords:
due process; internal appeal; internal appeals body; internal procedure; moral damages; oral proceedings; right to be heard; witness;
Judgment 4835
138th Session, 2024
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to rescind an offer of employment that had been extended to him, on the basis that he had been disciplined for sexual misconduct.
Considerations 4-6
Extract:
[T]he complainant submits, in substance, that the Appeals Commission prevented him from attending the hearing of the witnesses it called to permit him to test the evidence, and, in any event, that he was not even provided with the statements of such witnesses […] The Federation relies on Judgment 4408, where the Tribunal concluded, in consideration 4, that an interview conducted as an “investigative measure” to enable an appeal body to obtain general information not relating specifically to the situation of the complainant was not a hearing where the complainant was required to be present or where the content of the discussion had to be disclosed to him or her […] It is obvious […] that the Commission interviewed these Federation staff on various issues which touched and concerned “the circumstances in which the offer was rescinded”. This tends to demonstrate that the information sought by the Commission was not of a general nature, and that it was relating specifically to the rescission of the offer of employment at issue. In these circumstances, the Tribunal considers that the complainant had a right, at least to have been apprised of the content of the interviews and to provide his comments if he so wished. Since this was not done, the complainant’s right to be heard was violated […] For this, which is an infringement of due process, he will be awarded 15,000 Swiss francs.
Reference(s)
ILOAT Judgment(s): 4408
Keywords:
due process; internal appeal; internal appeals body; internal procedure; moral damages; oral proceedings; right to be heard; witness;
Judgment 4834
138th Session, 2024
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-extension of his fixed-term appointment.
Considerations 12-15
Extract:
[T]he complainant submits, in substance, that the Appeals Commission prevented him from attending the hearing of the witnesses it called to permit him to test the evidence, and, in any event, that he was not even provided with the statements of such witnesses […] The Federation relies on Judgment 4408, where the Tribunal concluded, in consideration 4, that an interview conducted as an “investigative measure” to enable an appeal body to obtain general information not relating specifically to the situation of the complainant was not a hearing where the complainant was required to be present or where the content of the discussion had to be disclosed to him or her […] While the Appeals Commission’s report is almost silent about the content of those interviews, its statement that “[…]” tends to demonstrate that the interviews were not about the Federation’s budgetary framework but about the specific situation of the complainant and the decision not to extend his contract. In these circumstances, the Tribunal considers that the complainant had a right, at least to have been apprised of the content of the interviews and to provide his comments if he so wished. Since this was not done, the complainant’s right to be heard was violated […] For this, which is an infringement of due process, he will be awarded 15,000 Swiss francs.
Reference(s)
ILOAT Judgment(s): 4408
Keywords:
due process; internal appeal; internal appeals body; internal procedure; moral damages; oral proceedings; right to be heard; witness;
Judgment 4804
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject his appeal seeking, in the main, moral damages for breach of confidentiality and defamation.
Consideration 1
Extract:
The complainant applies for oral proceedings. He does not list witnesses. The parties have presented ample written submissions and documents to permit the Tribunal to reach an informed and just decision on the case. The request for oral proceedings is, therefore, rejected.
Keywords:
oral proceedings;
Judgment 4795
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his performance evaluation report for 2018.
Consideration 2
Extract:
The complainant has requested oral proceedings. However, in view of the ample and sufficiently clear written submissions and evidence produced by the parties, the Tribunal considers that it is fully informed about the case and will not, therefore, grant this request.
Keywords:
oral proceedings;
Judgment 4763
137th Session, 2024
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject her claim that her illnesses be recognized as service-incurred.
Consideration 1
Extract:
The complainant has applied for oral proceedings under Article 12, paragraph 1, of the Tribunal’s Rules by ticking this option in the complaint form. The Tribunal observes that the parties have presented ample written submissions and documents to permit the Tribunal to reach an informed and just decision on the case. Thus, the request for oral proceedings is rejected.
Keywords:
oral proceedings;
Judgment 4743
137th Session, 2024
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to close a complaint of harassment he had filed and two related matters.
Consideration 13
Extract:
According to the Tribunal’s case law, the general principles applicable to an appeal body do not require that a complainant be given an opportunity to present oral submissions in person or through a representative. All that the right to a hearing requires is that the complainant should be free to put his case, either in writing or orally; the appeal body is not obliged to offer him both possibilities (see, for example, Judgment 3447, consideration 8).
Reference(s)
ILOAT Judgment(s): 3447
Keywords:
internal appeals body; oral proceedings; right to be heard;
Judgment 4727
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant asserts that the EPO failed to assist him in his attempts to obtain corrected identity cards for his children.
Consideration 2
Extract:
The complainant requested oral proceedings. However, in view of the abundant and sufficiently clear submissions and evidence produced by the parties, the Tribunal considers that it is fully informed about the case and does not therefore deem it necessary to grant this request.
Keywords:
oral proceedings;
Judgment 4716
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his staff report for 2014.
Consideration 4
Extract:
The complainant’s request for oral proceedings is rejected as the Tribunal considers that the parties have presented sufficiently extensive and detailed submissions and documents to allow it to be properly informed of their arguments and of the relevant evidence. In any event, the contentions which the complainant raises turn essentially on questions of law, which render oral proceedings unnecessary.
Keywords:
oral proceedings;
Judgment 4707
136th Session, 2023
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest the modifications brought to the subsistence allowance.
Consideration 2
Extract:
The complainants request that oral proceedings be held. However, the Tribunal considers that the parties have presented sufficiently extensive and detailed submissions and documents to enable the Tribunal to determine their complaints. That application is therefore dismissed.
Keywords:
oral proceedings;
Judgment 4697
136th Session, 2023
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Director General’s decision to impose on him the disciplinary sanction of downgrading.
Consideration 3
Extract:
The complainant requests an oral hearing. However, the Tribunal considers that the parties have presented sufficiently extensive and detailed submissions and documents to allow it to be properly informed of their arguments and the relevant evidence. The request for an oral hearing is therefore dismissed.
Keywords:
oral proceedings;
Judgment 4696
136th Session, 2023
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to recover supposed overpayments made to him by way of expatriation allowance.
Consideration 4
Extract:
The complainant [...] requests an oral hearing. However, the Tribunal considers that the parties have presented sufficiently extensive and detailed submissions and documents to allow it to be properly informed of their arguments and the relevant evidence. The request for an oral hearing is therefore dismissed.
Keywords:
oral proceedings;
Judgment 4695
136th Session, 2023
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision requiring him to reimburse the undue payments of salary he received during absences that were declared to be unjustified by the Administration.
Consideration 4
Extract:
The complainant [...] requests an oral hearing. However, the Tribunal considers that the parties have presented sufficiently extensive and detailed submissions and documents to allow it to be properly informed of their arguments and the relevant evidence. The request for an oral hearing is therefore dismissed.
Keywords:
oral proceedings;
Judgment 4694
136th Session, 2023
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision confirming his fitness for work and instructing him to resume his duties.
Consideration 5
Extract:
The complainant also requests an oral hearing. However, the Tribunal considers that the parties have presented sufficiently extensive and detailed submissions and documents to allow it to be properly informed of their arguments and the relevant evidence. The request for an oral hearing is therefore dismissed.
Keywords:
oral proceedings;
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