Joinder (52, 53, 54,-666)
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Keywords: Joinder
Total judgments found: 177
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Judgment 3411
119th Session, 2015
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants successfully impugn the decision not to extend their contracts upon expiry.
Consideration 6
Extract:
"The complaints are based on similar but not identical facts and raise the same issues of law. Moreover, the complainants submit similar arguments to support their positions and substantially request similar redress. In its defence, IFAD puts forward similar arguments in both cases to support its position. Considering this, the Tribunal finds it convenient to join the two complaints and to deal with the issues raised therein in a single judgment."
Keywords:
joinder;
Judgment 3409
119th Session, 2015
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal awarded the complainants material and moral damages stemming from IFAD's unlawful decisions and violation of its duty of care.
Consideration 7
Extract:
"Although the facts differ somewhat from case to case, the two complaints raise the same issues of fact and law, contain some common claims, rest in part on the same arguments, and seek the same redress. The Tribunal therefore considers that they should be joined in order that they may form the subject of a single judgment (see Judgments 1461, under 2, 1680, under 2, and 2944, under 19)."
Reference(s)
ILOAT Judgment(s): 1461, 1680, 2944
Keywords:
joinder;
Judgment 3408
119th Session, 2015
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants unsuccessfully challenge the decision to apply to them a salary adjustment index they considered illegal.
Judgment keywords
Keywords:
adjustment; complaint dismissed; joinder; salary;
Judgment 3405
119th Session, 2015
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants unsuccessfully challenge the implied decision to reject their claims relating to tax relief for dependant children (for irreceivability).
Judgment keywords
Keywords:
complaint dismissed; family allowance; joinder; time bar; time limit;
Judgment 3403
119th Session, 2015
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants unsuccessfully challenge the decisions to reject their claims against the list of staff members promoted in 2011.
Consideration 6
Extract:
As all the complaints have the same purpose and employ the same arguments, it is convenient that they be joined in order that they may form the subject of a single judgment.
Keywords:
joinder;
Judgment 3400
119th Session, 2015
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the decision in relation to the FAO's response to her harassment claim and her performance appraisal for 2009.
Judgment keywords
Keywords:
complaint allowed; decision quashed; harassment; joinder; performance report;
Judgment 3355
118th Session, 2014
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: After the transfer of his pension rights acquired under a national scheme to the Organisation’s pension scheme, the complainant successfully challenges the refusal to recalculate the number of pensionable years credited to him.
Consideration 12
Extract:
"[The organisation] requests the joinder of the complaint with those filed by three other members of staff who also seek a review of the number of pensionable years credited when pension rights acquired under Belgian schemes were transferred. However, one of these complaints, filed by an official who was party to [...] Judgment 3034, raises quite different questions of law. The other two, which form the subject of Judgments 3356 and 3357, also delivered on this day, each contain specific arguments and do not therefore present identical issues of law and of fact for adjudication. It is therefore not appropriate to grant this request for joinder (see, in particular, Judgments 1541, under 3, 3064, under 6, and 3156, under 11)."
Reference(s)
ILOAT Judgment(s): 1541, 3064, 3156, 3356, 3357
Keywords:
joinder;
Judgment 3291
116th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismisses fifty-six similar complaints on the grounds that they are directed against general and not individual decisions.
Judgment keywords
Reference(s)
Organization rules reference: Articles 77,80, 81 and 83 of the Service Regulations; Circular No. 82; Decisions CA/D 32/08, 27/08, 14/08, 13/09, 28/09, 22/09, 7/10
Keywords:
advisory opinion; competence; complaint dismissed; decision; effect; general decision; general principle; individual decision; internal appeal; internal appeals body; joinder; procedure before the tribunal; receivability of the complaint; same cause of action; same purpose;
Judgment 3279
116th Session, 2014
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaints regarding the classification of the complainants’ duties following an administrative reform were dismissed by the Tribunal.
Consideration 11
Extract:
"The Tribunal notes that consistent case law states that staff members are not entitled to promotions, as promotions are discretionary decisions (see Judgments 263, under 2, 304, under 1, 940, under 9, 1016, under 3, 1025, under 4, 1207, under 8, 1670, under 14, 2060, under 4, 2835, under 5, and 2944, under 22). In the present case, the decision was made not to hold a promotion round for 2010 due to the budgetary constraints. The Board proposed the relaunch of the promotion exercises in 2011, as mentioned above. Considering Eurocontrol’s intention to hold a promotion round for 2011 subject to the availability of budgetary funds, the Tribunal is of the opinion that the lack of a 2010 promotion round is not unlawful [...]."
Reference(s)
ILOAT Judgment(s): 263, 304, 940, 1016, 1025, 1207, 1670, 2060, 2835, 2944
Keywords:
case law; claim; complaint; decision; discretion; joinder; judicial review; promotion; submissions;
Judgment 3138
113th Session, 2012
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
As both complaints concern the events surrounding the decision to suspend the complainant from duty, it is appropriate that they be joined to form the subject of a single judgment.
Keywords:
joinder;
Judgment 3136
113th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
[S]ince the two complaints before the Tribunal concern the selection processes regarding the same post and share, to a significant extent, the same factual background and raise common issues of fact and law and seek the same redress, they are joined to form the subject of a single ruling.
Keywords:
joinder;
Judgment 3110
113th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Although the complaints raise different legal and factual issues, the complainant's grievances with respect to her employment status and the transfer of another official to the post for which she had applied were considered together by the Joint Advisory Appeals Board which issued a single report in respect of both matters. Thereafter, the Director-General issued a single decision covering both issues. In these circumstances, it is convenient that the complaints be joined.
Keywords:
joinder;
Judgment 3103
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The complaints, which contain some common claims and rest in part on the same arguments, are, to a large extent, interdependent, and the Tribunal finds it appropriate that they be joined, notwithstanding the complainant's position (see Judgments 2861, under 6, and 2944, under 19)."
Reference(s)
ILOAT Judgment(s): 2861, 2944
Keywords:
claim; complaint; joinder; submissions;
Judgment 2965
110th Session, 2011
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Organization requests the joinder of the two complaints filed by the complainant.
"The Tribunal finds that, although they are contained in a single decision, the measures challenged by the complainant are different in nature. The request for joinder will therefore not be granted."
Keywords:
joinder; refusal; request by a party;
Judgment 2944
109th Session, 2010
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"[The] complaints, which contain some common claims and rest in part on the same arguments, are largely interdependent. The Tribunal therefore considers that they should be joined in order that they may form the subject of a single judgment."
Keywords:
complaint; condition; identical claims; identical facts; joinder;
Judgment 2913
109th Session, 2010
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
WHO requests the joinder of two complaints.
"The Tribunal finds that the two complaints were filed by two different staff members against two decisions which, although they bear the same date and are couched in almost identical terms, concern these staff members individually. Having regard in particular to the fact that the complaints are directed against disciplinary measures, the Tribunal considers that it must refuse the request for joinder (see Judgment 2343, under 5)."
Reference(s)
ILOAT Judgment(s): 2343
Keywords:
complainant; complaint; date; difference; disciplinary measure; exception; identical facts; individual decision; joinder; request by a party;
Judgment 2861
107th Session, 2009
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"It is appropriate that all six complaints before the Tribunal be joined, notwithstanding that the complainant has objected to that course. The complaints are, to a large extent, interdependent."
Keywords:
complaint; joinder;
Judgment 1680
84th Session, 1998
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainants apply for joinder. The Organization does not object though it rightly points out that the facts differ somewhat from case to case. Since the complaints raise the same issues of law they are joined."
Keywords:
complaint; condition; identical claims; joinder;
Judgment 1541
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"According to precedent complaints are to be joined only if they raise the same issues of fact and of law. The [complainant's] ninth and tenth complaints do rest on the same facts [...] and impugn the same decision, albeit each challenges a different part of it. But the issues of law are different [...] so the conditions for joinder are not met."
Keywords:
case law; complainant; complaint; condition; identical facts; joinder; refusal;
Judgment 1461
79th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Since the two complaints raise the same issues of fact and law and seek the same redress, they are therefore joined to form the subject of a single judgment."
Keywords:
complaint; identical claims; identical facts; joinder; same purpose;
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