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 4499
134th Session, 2022
Customs Co-operation Council
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment following the abolition of her post.
Consideration 18
Extract:
The complainant has applied for oral proceedings and justifies that request by her wish “to be able to be heard personally by the judges so as to direct their attention as much to the seriousness of her situation as to the factors that have hither-to prevented her from defending herself”. However, since the Tribunal has considered it appropriate, on the basis of the written submissions alone, to set aside the decision refusing to convene the Appeals Board and to remit the case to the Organization for consideration on its merits, oral proceedings would not serve any purpose here. There is thus no need to accede to this request.
Keywords:
oral proceedings;
Judgment 4487
133rd Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the fact that the arrears owed to him in respect of his invalidity allowance, related benefits and unused leave following a retroactive modification of the monthly gross salary scales in December 2012 were not paid to him until January 2013.
Consideration 5
Extract:
The complainant requests oral proceedings. Pursuant to Article V of the Statute of the Tribunal, “[t]he Tribunal, at its discretion, may decide or decline to hold oral proceedings, including upon request of a party”. In this case, the Tribunal finds the written submissions to be sufficient to reach a reasoned decision and thus the request is rejected.
Keywords:
oral proceedings;
Judgment 4468
133rd Session, 2022
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision refusing to submit the alleged increase in her whole person impairment rating to the Medical Board and to reject her claim for compensation based on this alleged increase.
Consideration 1
Extract:
The complainant requests oral proceedings. Pursuant to Article V of the Statute of the Tribunal, “[t]he Tribunal, at its discretion, may decide or decline to hold oral proceedings, including upon request of a party”. In the case at hand, the Tribunal finds the written submissions to be sufficient to reach a reasoned decision, thus there is no need for oral proceedings.
Keywords:
oral proceedings;
Judgment 4464
133rd Session, 2022
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the WTO’s refusal to recognise the illness from which he states he suffers as service-incurred.
Consideration 2
Extract:
The complainant requests that oral proceedings be held. However, the Tribunal notes that the parties have presented sufficiently extensive and detailed submissions and documents to allow the Tribunal to be properly informed of their arguments and the evidence. That application is therefore dismissed.
Keywords:
oral proceedings;
Judgment 4463
133rd Session, 2022
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant objects to the disclosure of his medical situation.
Consideration 2
Extract:
The complainant requests that oral proceedings be held. However, the Tribunal notes that the parties have presented sufficiently extensive and detailed submissions and documents to allow the Tribunal to be properly informed of their arguments and the evidence. Accordingly, the application for oral proceedings is rejected.
Keywords:
oral proceedings;
Judgment 4462
133rd Session, 2022
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Director-General’s decision of 2 May 2019 not to modify his performance evaluation report for 2017 and not to renew his fixed-term contract.
Consideration 2
Extract:
The complainant requests oral proceedings. The Tribunal notes, however, that the parties have presented sufficiently extensive and detailed submissions and documents to allow the Tribunal to be properly informed of their arguments and the evidence. Accordingly, the application for oral proceedings is rejected.
Keywords:
oral proceedings;
Judgment 4458
133rd Session, 2022
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the setting aside of the information circular which, according to her, announced the closure of the UNESCO Commissary.
Consideration 13
Extract:
The complainant has applied for oral proceedings. However, in view of the Tribunal’s lack of jurisdiction, which renders any discussion of the receivability or merits of the complaint pointless, this request must be dismissed as being without object.
Keywords:
oral proceedings;
Judgment 4456
133rd Session, 2022
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to summarily dismiss her for misconduct.
Consideration 2
Extract:
The complainant requests an oral hearing under Article 12, paragraph 1, of the Tribunal’s Rules. The Tribunal however notes that the parties have presented ample submissions and documents to permit the Tribunal to reach an informed decision on the case. The request for an oral hearing is therefore refused.
Keywords:
oral proceedings;
Judgment 4455
133rd Session, 2022
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to suspend her pending disciplinary proceedings.
Consideration 3
Extract:
The complainant requests an oral hearing under Article 12, paragraph 1, of the Tribunal’s Rules. The Tribunal however notes that the parties have presented ample submissions and documents to permit the Tribunal to reach an informed decision on the case. The request for an oral hearing is therefore refused.
Keywords:
oral proceedings;
Judgment 4447
133rd Session, 2022
International Olive Council
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the withdrawal of some of her functions, arguing that such removal amounted to de facto demotion.
Consideration 2
Extract:
In the complaint form, the complainant signifies that she wants oral proceedings under Article 12, paragraph 1, of the Tribunal’s Rules. The application is rejected as the Tribunal is satisfied that the detailed submissions and documents which the parties have provided are sufficient to permit it to resolve the issues in this case.
Keywords:
oral proceedings;
Judgment 4446
133rd Session, 2022
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the Human Resources Department’s decision to close her complaint reporting “[c]oncerns leading to [her] decision to not renew [her] contract” and bullying.
Consideration 1
Extract:
The complainant requests oral proceedings. Pursuant to Article V of the Statute of the Tribunal, “[t]he Tribunal, at its discretion, may decide or decline to hold oral proceedings, including upon request of a party”. In this case, the Tribunal finds the written submissions to be sufficient to reach a reasoned decision, thus there is no need for oral hearings.
Keywords:
oral proceedings;
Judgment 4435
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who is a former permanent employee of the European Patent Office, challenges the deductions from his remuneration that were made in respect of his absences for strike participation as well as the lawfulness of the general normative decisions on which those deductions were based.
Consideration 18
Extract:
A further issue raised by the complainant concerns the procedures adopted in the internal appeal proceedings. He argues that when he filed his appeals the governing procedural rules conferred a right to an oral hearing if requested. When the time came for the hearing, the procedural rules, so he argues, had been altered and deprived him of this right and the Appeals Committee acted as if this was so. These circumstances found a claim by the complainant for moral damages. But even if the complainant’s analysis is correct, having regard to the subject matter of the internal appeals and the issues they raised (almost entirely legal), it is difficult to see what prejudice the complainant suffered by being restricted to written submissions. Put slightly differently, a complainant must establish the foundation for the award of moral damages (see Judgments 4231, consideration 15, and 4147, consideration 13). As the complainant has singularly failed to do so in this case, his claim for moral damages on this basis will be dismissed.
Reference(s)
ILOAT Judgment(s): 4147, 4231
Keywords:
internal procedure; moral injury; oral proceedings;
Judgment 4427
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to maintain his transfer to a patent examiner post.
Consideration 1
Extract:
The complainant signifies in the complaint form that he wants a hearing under Article 12, paragraph 1, of the Tribunal’s Rules. The request is rejected as the Tribunal is sufficiently informed of all aspects of the case to consider it fully on the material which the parties provide.
Keywords:
oral proceedings;
Judgment 4425
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject her request for reimbursement of the cost of her spa cure as a type A cure undergone for “absolute medical necessity”.
Consideration 1
Extract:
The complainant signifies in the complaint form that she wants a hearing under Article 12, paragraph 1, of the Tribunal’s Rules and that she wishes to call the EPO’s Medical Adviser as well as the former Principal Director of Human Resources to address the reasons that were given for the rejection of her request for reimbursement of the cost of the spa cure which she underwent. In her complaint she states that she believes that, given the unclear reasons the Office provided for the original decision to reject her request for the spa cure, particularly elements surrounding the “management instruction” to the Medical Adviser, an oral hearing would enable the truth to emerge. Inasmuch, however, as the facts of the case are not disputed, the request for an oral hearing is rejected.
Keywords:
oral proceedings;
Judgment 4424
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the outcome of his appeals concerning absences and reduced working hours for medical reasons.
Consideration 1
Extract:
The complainant requests oral proceedings. As the Tribunal is sufficiently informed on all aspects of the case to consider it fully on the written submissions and documents which the parties have provided, the request for oral proceedings is rejected.
Keywords:
oral proceedings;
Judgment 4422
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants are former permanent employees of the European Patent Office who challenge their January 2014 and subsequent payslips showing an increase in their pension contributions.
Consideration 11
Extract:
The complainants’ requests for oral proceedings are rejected. Contrary to what is argued, the right to an oral hearing is not absolute and a tribunal may dispense with it if the facts of the case are such that it is legitimate not to conduct such a hearing. The Tribunal finds it unnecessary to call the member of the Actuarial Advisory Group to give evidence concerning what Mr T. refers to as “politically defined boundary conditions” and to confirm Mr K.’s mathematical calculation. The complainants’ submission that the Tribunal should conduct an oral hearing and hear the witness as there was no oral hearing in the internal appeal procedures is untenable. This is particularly because, under Article 8 of the Implementing Rules for Articles 106 to 113 of the Service Regulations, a hearing in the internal appeal procedure is not mandatory and the Appeals Committee may decide to hold such a hearing where the written documentation is not sufficient or where a hearing might be decisive in forming an opinion. In any event, the written submissions and supporting documents provided by the parties to the Tribunal are sufficiently detailed to permit it to consider the complainants’ cases fully and to make an informed decision on the issues raised in these complaints.
Keywords:
oral proceedings;
Judgment 4417
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests instructions she received concerning patent applications.
Consideration 5
Extract:
The complainant’s request for oral proceedings is rejected as the Tribunal is sufficiently informed of all aspects of the case to consider it fully on the material which the parties provide.
Keywords:
oral proceedings;
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 9
Extract:
In his first complaint, the complainant requested the convening of a hearing and, in particular, the hearing of witnesses. Given that, as has just been stated, there is no need to rule on that complaint, this request – which is not repeated in the second complaint – has itself become moot. Furthermore, in view of the abundance and high degree of clarity of the 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 order hearings.
Keywords:
oral proceedings;
Judgment 4397
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to transfer her.
Consideration 6
Extract:
The complainant requests an oral hearing on the ground that “all of the facts relevant to a just settlement of the case cannot be clarified in a satisfactory manner by means of the written procedure”. The request is rejected as the Tribunal considers that the materials which the parties have provided are sufficient to enable it to render an informed decision on the case.
Keywords:
oral proceedings;
Judgment 4396
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to reimburse him the notary fees which he incurred for the certification of his signature on the annual declaration required for recipients of an invalidity allowance.
Consideration 2
Extract:
The complainant’s request for oral proceedings is […] rejected, as the Tribunal is sufficiently informed of all aspects of the case to consider it fully on the written submissions and documents which the parties have provided.
Keywords:
oral proceedings;
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