Joinder (52, 53, 54,-666)
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Keywords: Joinder
Total judgments found: 177
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Judgment 4017
126th Session, 2018
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decisions not to promote them during the 2014 promotion exercise.
Consideration 2
Extract:
Eurocontrol requests the joinder of the two complaints. The complainants have no objections. The two case files show that the complaints basically seek the same redress and rest on the same submissions. They may therefore be joined to form the subject of a single judgment.
Keywords:
joinder;
Judgment 4008
126th Session, 2018
Energy Charter Conference
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: In her first complaint, the complainant challenges the decision not to extend her fixed-term contract following the abolition of her post, but to give her a Project Staff contract. In her second complaint, she challenges three vacancy notices concerning C category posts and in her third complaint, she challenges the rejection of her application for two of these posts.
Consideration 1
Extract:
The three complaints essentially seek the same redress and are largely interdependent. It is therefore appropriate to join them in order to rule on them in the same judgment.
Keywords:
joinder;
Judgment 4007
126th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge their redeployment following a restructuring.
Consideration 1
Extract:
As the two complaints raise the same issues and seek similar redress they are joined to form the subject of a single judgment.
Keywords:
joinder;
Judgment 4001
126th Session, 2018
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to confirm the appointment of Ms S. to the post of Head of the Caribbean Section.
Consideration 1
Extract:
The complainant has requested that this complaint be joined with his first complaint, which is the subject of a judgment also delivered in public this day. However, it is appropriate to deal with them separately because they raise different legal issues which warrant different consideration. No order joining the two complaints will therefore be made.
Keywords:
joinder;
Judgment 3996
126th Session, 2018
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to investigate her claim of harassment, the decision to permanently transfer her and the decision to offer her an extension of appointment in her new position.
Consideration 1
Extract:
The complainant has filed four complaints against four decisions of the Executive Secretary. As the facts leading to the four complaints overlap, it is convenient to deal with them in one judgment and to join the four complaints as the parties have requested [...].
Keywords:
joinder;
Judgment 3965
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contends that the EPO did not properly address or investigate his claim of harassment.
Consideration 6
Extract:
The present complaint, like the underlying internal appeal, challenges the Ombudsman’s procedure in a discrete case arising from its own particular factual circumstances and raises issues which are not central to the complainant’s second and third complaints. The Tribunal therefore dismisses the application for joinder.
Keywords:
joinder;
Judgment 3934
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 transfer him and not to extend his appointment beyond the statutory retirement age.
Consideration 2
Extract:
In his second complaint, which is also the subject of a judgment delivered in public this day, the complainant requested that his two complaints be joined. However, although they rest partly on the same arguments, their subject-matter is clearly distinct and they raise different questions of law. The Tribunal hence concurs with the defendant that a joinder is not appropriate.
Keywords:
joinder;
Judgment 3903
125th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the termination of his fixed-term appointment.
Consideration 1
Extract:
The present complaint is one of four complaints currently before the Tribunal (the other complaints were filed by Mr B., Mr G. and Ms S.A., respectively) where there is a request for joinder of the complaints and where the complainants each challenge the ICC’s decision to terminate her or his appointment. These decisions all stem from the restructuring of the ICC’s Registry. On the basis that the material facts and the issues raised in the complaints are essentially the same, the complainant requests and the ICC agrees that the complaints should be joined. It is noted that the internal appeals (challenging the termination decisions) in these cases were considered by four differently constituted Appeals Board Panels and resulted in four final decisions. As it is preferable in the circumstances to deal with the complaints individually, the request for joinder is not granted.
Keywords:
joinder;
Judgment 3832
124th Session, 2017
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to pay accrued annual leave as part of her separation entitlements.
Consideration 8
Extract:
The [organisation] requests that the Tribunal join the present proceedings with the proceedings regarding another complaint filed by the same complainant. As it has not been shown that the complaints raise similar issues of fact and law, this request is rejected.
Keywords:
joinder;
Judgment 3786
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge a decision of the Administrative Council introducing provisions in the Service Regulations for permanent employees regulating the right to strike.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; joinder; right to strike; strike;
Judgment 3782
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest the classification of their posts.
Consideration 1
Extract:
As the complaints are nearly identical, the Tribunal finds it convenient to join them.
Keywords:
joinder;
Judgment 3777
123rd Session, 2017
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss his allegations of harassment and his performance appraisal for 2011 to 2013.
Consideration 1
Extract:
As the two complaints impugn the same decision, they are joined and will be the subject of a single judgment.
Keywords:
joinder;
Judgment 3761
123rd Session, 2017
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge a circular that implements amendments to the Rules of the Medical Benefits Fund.
Consideration 1
Extract:
The complainants seek the same redress and the complaints rest on the same pleadings. It is therefore appropriate that they be joined to form the subject of a single judgment.
Keywords:
joinder;
Judgment 3740
123rd Session, 2017
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the legality of changes to the FAO General Service category staff salary scale consequent to the implementation of recommendations contained in an ICSC report in 2012 on local employment conditions in Rome.
Consideration 2
Extract:
In the complainants’ common brief, they raise the same issues of fact and law and seek the same redress. Accordingly, their complaints are joined and will be the subject of a single judgment.
Keywords:
joinder;
Judgment 3737
123rd Session, 2017
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that he was subjected to harassment.
Consideration 3
Extract:
The two complaints before the Tribunal, which essentially seek the same redress and are partly based on the same arguments, are broadly interdependent. They may therefore be joined to form the subject of a single judgment.
Keywords:
joinder;
Judgment 3713
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the reference value, used by the EPO to plan and measure productivity, introduced for patent examiners working in their technical field.
Judgment keywords
Keywords:
administrative instruction; complaint dismissed; final decision; joinder; summary procedure;
Judgment 3710
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: In his six complaints, the complainant seeks to impugn the decisions to reject his internal appeals.
Judgment keywords
Keywords:
complaint dismissed; correction of complaint; joinder; summary procedure; time bar;
Judgment 3691
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the salary deductions made following their participation in strikes.
Judgment keywords
Keywords:
complaint allowed; decision quashed; joinder; right to strike; strike;
Consideration 5
Extract:
As the ten complaints raise the same or similar issues, impugning two nearly identical decisions endorsing the same IAC opinion [...] resulting from the test appeals, the Tribunal finds it convenient that they be joined and addressed in a single decision.
Keywords:
joinder;
Judgment 3690
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest the deduction of maternity leave periods from the time taken into account for the payment of a collective reward to staff in active service during 2011.
Judgment keywords
Keywords:
allowance; complaint dismissed; joinder; maternity leave;
Judgment 3655
122nd Session, 2016
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the fact that she was not promoted in the 2013 promotion exercise.
Consideration 2
Extract:
Eurocontrol requests the joinder of this complaint with two other cases forming the subject of Judgments 3664 and 3667, also delivered this day. However, as these three cases raise legal issues that are partly different, the Tribunal will not grant this request (see, in particular, Judgment 3620, under 2).
Reference(s)
ILOAT Judgment(s): 3620
Keywords:
joinder;
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