Formal flaw (558, 862,-666)

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Keywords: Formal flaw
Total judgments found: 44

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• Judgment 763

  
  59th Session, 1986
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "Even if the decisions appointing the complainants were tainted with a formal flaw [...] the decisions were challengeable under the internal appeals procedure and before the Tribunal. The formal flaws the complainants allege did not suspend the time limits".

  Keywords:

  appointment; flaw; formal flaw; internal appeal; new time limit; receivability of the complaint; time limit;
  

  
  
  

• Judgment 420

  
  45th Session, 1980
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  A sanction administered by the Director-General ought to be signed by him personally. In the present case a reprimand was signed by the Deputy Director-General, who as an interested party in the matter. "When [...] a reprimand is being administered by the Director-General himself and when [...] there is no exceptional urgency about its despatch, it is preferable that the document, which is to form part of the staff member's record, should bear the Director-General's signature. But the Tribunal does not consider that the form of signature invalidates the document."

  Keywords:

  disciplinary measure; formal flaw; formal requirements; reprimand;
  

  
  
  

• Judgment 229

  
  32nd Session, 1974
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2(b)

  Extract:

  "The decision not to renew a staff member's appointment need not take any particular form. The impugned decision was communicated in writing and its form is not open to any formal criticism."

  Keywords:

  contract; fixed-term; formal flaw; formal requirements; non-renewal of contract;
  

  
  
  

• Judgment 226

  
  32nd Session, 1974
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  By Judgment No. 194, the Administrative Tribunal quashed as being based on insufficient grounds the decision not to confirm the complainant's appointment. In execution of that judgment an ad hoc committee was set up to examine the case. In the light of the very full report of that committee, "the Director-General took a considered decision in full knowledge of the facts. The organization has thus corrected the procedural irregularity which led to the quashing of the decision".

  Reference(s)

  ILOAT Judgment(s): 194
  

  Keywords:

  case sent back to organisation; confirmatory decision; duty to substantiate decision; execution of judgment; flaw; formal flaw; judgment of the tribunal; probationary period; termination of employment;
  

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