Motivation (669,-666)

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Keywords: Motivation
Total judgments found: 102

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• Judgment 1317

  
  76th Session, 1994
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 33

  Extract:

  The report which the Board submitted [...] is open to even more serious objections. It is terse and offers no reasoning on issues of fact or of law. There is no telling whether, as due adversarial process required, the Board took up the complainant's pleas and the Union's replies. Even though a report by an appeals body is not a judgment by a court of law, the report [...] does not come up to the minimum standards of justice that the complainant was entitled to.

  Keywords:

  decision; motivation; motivation of final decision;
  

  
  
  

• Judgment 1289

  
  75th Session, 1993
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "As the Tribunal has said before, many decisions by international organisations that prompt complaints are unsubstantiated. Yet the staff member is still able to defend his rights. Though not stated in the actual text, the reasons for the decision may be discerned from earlier correspondence between the parties or in the last resort from the organization's brief in reply to the complaint, which the staff member may comment on in his rejoinder. Unless there is express derogation the rule is that the organization need not, if that is not its practice, state the reasons for all its decisions: what matters is that the absence of a statement should not be to the staff member's detriment."

  Keywords:

  case law; complaint; decision; duty to substantiate decision; injury; motivation; motivation of final decision; organisation's duties; practice; rejoinder; reply; right to reply;
  

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