Joinder (52, 53, 54,-666)
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Keywords: Joinder
Total judgments found: 177
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Judgment 4136
128th Session, 2019
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.
Consideration 4
Extract:
The complaints raise the same facts and questions of law and they are therefore joined to form the subject of a single judgment.
Keywords:
joinder;
Judgment 4135
128th Session, 2019
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.
Consideration 30
Extract:
Because all these complaints concerning, either directly or indirectly, WHO have been joined, the pleas in each proceeding can be treated as pleas in all the joined proceedings. That is relevant because it is in only one of the WHO proceedings before joinder that the issue about to be discussed was raised. However what is important is whether WHO, on its own behalf directly, or indirectly on behalf of UNAIDS, has had the opportunity to answer the issue in a reply and surrejoinder. It has had that opportunity.
Keywords:
joinder; reply;
Consideration 4
Extract:
The[...] complaints raise substantially the same facts and questions of law and they are therefore joined to form the subject of a single judgment.
Keywords:
joinder;
Judgment 4134
128th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.
Consideration 5
Extract:
The complaints raise substantially the same facts and questions of law and they are therefore joined to form the subject of a single judgment.
Keywords:
joinder;
Judgment 4119
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision of the President of the Office to amend the wording of a circular in respect of the age limit for the payment of a dependants’ allowance.
Consideration 5
Extract:
Judgment 3291 has been given in related proceedings so the request for joinder has become moot.
Reference(s)
ILOAT Judgment(s): 3291
Keywords:
claim moot; joinder;
Judgment 4114
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to downgrade him for serious misconduct.
Consideration 2
Extract:
The EPO seeks the joinder of this and the ninth complaint in order that one judgment could be rendered. The complainant opposes joinder. The EPO argues, correctly, that the fifth complaint is irreceivable. The Tribunal will explain why this is so shortly. The two complaints do not involve the same or similar questions of fact or law, ordinarily the touchstone for joinder. That is because the factual issues actually raised in this complaint are extremely narrow in compass (and concern receivability only) and, as it turns out, so are the legal issues extremely narrow in compass (whether the complaint is receivable). Joinder and the rendering of one judgment facilitates consistent fact-finding and legal analysis in cases where there are the same or similar facts and the same or similar legal issues. As will be seen in due course, no such commonality of fact-finding and legal analysis arises in this case.
Keywords:
joinder;
Judgment 4111
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the ILO, alleges that he was subjected to harassment and that the investigation into his allegations of harassment was flawed.
Consideration 1
Extract:
According to the Tribunal, the question as to whether harassment has occurred must be determined in the light of a thorough examination of all the objective circumstances surrounding the events complained of (see, for example, Judgments 4038, consideration 5, and 3871, consideration 12). Since in this instance some of the facts on which the harassment allegations are founded differ from one complaint to another, the Tribunal will not join the cases.
Reference(s)
ILOAT Judgment(s): 3871, 4038
Keywords:
harassment; joinder;
Judgment 4110
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the ILO, alleges that he was subjected to harassment and that the investigation into his allegations of harassment was flawed.
Consideration 1
Extract:
According to the Tribunal, the question as to whether harassment has occurred must be determined in the light of a thorough examination of all the objective circumstances surrounding the events complained of (see, for example, Judgments 4038, consideration 5, and 3871, consideration 12). Since in this instance some of the facts on which the harassment allegations are founded differ from one complaint to another, the Tribunal will not join the cases.
Reference(s)
ILOAT Judgment(s): 3871, 4038
Keywords:
harassment; joinder;
Judgment 4109
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the ILO, alleges that she was subjected to harassment and that the investigation into her allegations of harassment was flawed.
Consideration 1
Extract:
According to the Tribunal, the question as to whether harassment has occurred must be determined in the light of a thorough examination of all the objective circumstances surrounding the events complained of (see, for example, Judgments 4038, consideration 5, and 3871, consideration 12). Since in this instance some of the facts on which the harassment allegations are founded differ from one complaint to another, the Tribunal will not join the cases.
Reference(s)
ILOAT Judgment(s): 3871, 4038
Keywords:
harassment; joinder;
Judgment 4108
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the ILO, alleges that she was subjected to harassment and that the investigation into her allegations of harassment was flawed.
Consideration 1
Extract:
According to the Tribunal, the question as to whether harassment has occurred must be determined in the light of a thorough examination of all the objective circumstances surrounding the events complained of (see, for example, Judgments 4038, consideration 5, and 3871, consideration 12). Since in this instance some of the facts on which the harassment allegations are founded differ from one complaint to another, the Tribunal will not join the cases.
Reference(s)
ILOAT Judgment(s): 3871, 4038
Keywords:
harassment; joinder;
Judgment 4088
127th Session, 2019
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reassign him to the General Service category upon the expiry of his fixed-term appointment to a position in the Professional category.
Consideration 6
Extract:
The IAEA requests the joinder of the present complaint with the complainant’s first complaint filed in the Tribunal. This request has, however, become moot because the Tribunal has already ruled on the complainant’s first complaint in Judgment 4023.
Reference(s)
ILOAT Judgment(s): 4023
Keywords:
claim moot; joinder;
Judgment 4086
127th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to maintain her contested job description.
Consideration 8
Extract:
WIPO asks the Tribunal to consider joining this complaint with the complainant’s fourth complaint in which she challenges decision to transfer her to the newly created [...] Section [...] and the appointment of Ms [...] as Head of that Section. As the complainant has however pointed out, the scope of this complaint is not within the scope of the fourth complaint. Accordingly the Tribunal does not find it convenient to join them.
Keywords:
joinder;
Judgment 4079
127th Session, 2019
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The UPU filed an application for interpretation and review of Judgment 3930 and the complainant in that case filed an application for execution of that judgment.
Consideration 8
Extract:
As the two applications concern the same judgment, the Tribunal finds it convenient to join them in order to render one judgment.
Keywords:
joinder;
Judgment 4078
127th Session, 2019
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The UPU filed an application for interpretation and review of Judgment 3929 and the complainant in that case filed an application for execution of that judgment.
Consideration 8
Extract:
As the two applications concern the same judgment, the Tribunal finds it convenient to join them in order to render one judgment.
Keywords:
joinder;
Judgment 4077
127th Session, 2019
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The UPU applies for interpretation and review of Judgment 3928 alleging errors of fact, inter alia, and asserts that it is impossible to give effect to the Tribunal’s order to reinstate the complainant. The complainant applies for execution of Judgment 3928.
Consideration 8
Extract:
As the two applications concern the same judgment, the Tribunal finds it convenient to join them in order to render one judgment.
Keywords:
joinder;
Judgment 4076
127th Session, 2019
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The UPU filed and application for interpretation and review of Judgment 3927 and the complainant in that case filed an application for execution of that judgment.
Consideration 7
Extract:
As the two applications concern the same judgment, the Tribunal finds it convenient to join them in order to render one judgment.
Keywords:
joinder;
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.
Consideration 2
Extract:
As the two complaints are based on the same facts and address the same substantial issues stemming from the [...] decision to dismiss the complainant from service, the Tribunal finds it convenient to join them.
Keywords:
joinder;
Judgment 4036
126th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests UNESCO’s decisions to abolish his post and to terminate his appointment.
Consideration 4
Extract:
An issue that arises immediately is whether the complaints should be joined. The complainant contends they should, UNESCO contends they should not. In the present case, it is desirable that the two complaints be joined in order to render one judgment. If, in some respect, the abolition decision was tainted by illegality, then that may well have consequences concerning the legality of the termination decision.
Keywords:
joinder;
Judgment 4028
126th Session, 2018
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge Service Order No.14/10 changing the health insurance scheme at the ITU, as well as individual decisions implementing that service order.
Consideration 1
Extract:
As the complaints seek the same redress and rest on submissions which are, for the most part, identical, it is appropriate that they be joined to form the subject of a single ruling.
Keywords:
joinder;
Judgment 4026
126th Session, 2018
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to reclassify her post.
Consideration 1
Extract:
The complainant initially applied for the joinder of her complaint with the complaint filed by Ms N. d. O. The IAEA agreed. Both complainants had jointly pursued their internal appeals to the Joint Appeals Board; the Joint Appeals Board issued a common report in respect of both appeals. The impugned decisions are in identical terms, but they were issued separately. The present complainant retired from the IAEA on 31 January 2014, a fact which she stated in her complaint. Ms N. d. O. had not. In September 2015, the present complainant informed the Tribunal that she no longer wished the complaints to be joined on the ground that, as she had retired, she was not in the same position as Ms N. d. O.
The Tribunal notes that although the complaints relate to the same subject matter and are based on virtually the same underlying facts, the arguments upon which this complainant relies and the relief sought in this complaint go beyond those in Ms N. d. O.’s complaint. The complaints do not raise the same issues of law and of fact and will therefore not be joined (see, for example, Judgment 3965, consideration 6).
Reference(s)
ILOAT Judgment(s): 3965
Keywords:
joinder;
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 2
Extract:
It is well settled that complaints may be joined if they raise the same issues of law and the material facts upon which the claims rest are the same such that the Tribunal can deliver a single ruling (see Judgment 3427, under 10). In the instant case, in his fifth complaint the complainant seeks inter alia the setting aside of the decision to dismiss his new request to take advantage of the ETS scheme, and in his sixth complaint he claims damages for the unlawful denial of that request, amongst other relief. As the two cases are clearly interconnected, it is convenient to join them in the interests of the sound administration of justice.
Reference(s)
ILOAT Judgment(s): 3427
Keywords:
joinder;
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