Decision quashed (124, 125, 126, 842, 128, 129, 130, 131, 132,-666)
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Keywords: Decision quashed
Total judgments found: 397
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Judgment 4816
138th Session, 2024
South Centre
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the calculation of the compensation for the short notice, due by the South Centre, after the non-renewal of his short-term appointment as well as the calculation of his last salary.
Considerations 7-8
Extract:
The foregoing considerations lead the Tribunal not only to dismiss the organization’s objections to receivability and to find that the impugned decision was unlawful, but also to note that the complainant has been unduly deprived of the benefit of an internal procedure for which provision is made in the Staff Regulations of the South Centre. It should be noted that, as the Tribunal’s case law has long emphasised, the right to an internal appeal is a safeguard which international civil servants enjoy in addition to their right of appeal to a judicial authority. Consequently, save in cases where the staff member concerned forgoes the lodging of an internal appeal, an official should not in principle be denied the possibility of having the decision which she or he challenges effectively reviewed by the competent appeal body. The Tribunal recalls its statement, in consideration 4 of Judgment 4027, that an internal appeal body’s consideration of an appeal is vitally important and, in particular, enables the official to decide whether or not to bring further proceedings, notably before the Tribunal.
In the foregoing premises, the case will be remitted to the South Centre for the complainant’s internal appeal to be considered in compliance with Staff Regulation 11.2 and procedures set out in Annex VII cited in consideration 5 of this judgment, unless the case is settled in the meantime.
Reference(s)
ILOAT Judgment(s): 4027
Keywords:
case sent back to organisation; decision quashed; internal appeal; internal appeals body; right of appeal;
Judgment keywords
Keywords:
administrative decision; case sent back to organisation; compensation; competence; complaint allowed; decision quashed; internal appeal; internal appeals body; payslip; receivability of the complaint; right of appeal; safeguard;
Judgment 4504
134th Session, 2022
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to demote her from grade P4 to grade P3 for a period of two years.
Consideration 17
Extract:
[T]he impugned decision will be set aside to the extent that it found that demotion from grade P4, step PP1 to grade P3, step PP2 for a period of two years was a proportionate disciplinary measure. The matter will be remitted to WIPO for reconsideration of whether, in all the circumstances, any lesser disciplinary sanction should be imposed and, if so, what.
As a result of setting aside the impugned decision to the extent determined in this consideration, WIPO will be ordered to reimburse the complainant, as material damages, all salaries and allowances which she would have been paid if the disciplinary sanction of demotion was not imposed upon her.
Keywords:
decision quashed; disciplinary measure; material damages;
Judgment 4501
134th Session, 2022
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her fixed-term appointment beyond its expiry date while she was on sick leave.
Consideration 5
Extract:
[A] decision that is set aside by the Tribunal is deemed never to have been taken, owing to the retrospective effect of that setting aside (see, for example, Judgment 1306, consideration 6). As the Tribunal has stated, for this reason, “any subsequent or consequential decision based entirely on a decision that has been set aside necessarily lacks legal foundation and is a nullity” (see Judgment 3107, consideration 3).
Reference(s)
ILOAT Judgment(s): 1306, 3107
Keywords:
decision quashed;
Judgment 4434
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the refusal to organise a strike ballot under the new rules governing the exercise of the right to strike at the European Patent Office.
Judgment keywords
Keywords:
complaint allowed; decision quashed; right to strike; strike;
Judgment 4433
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to treat his participation in a strike as an unauthorised absence.
Judgment keywords
Keywords:
complaint allowed; decision quashed; deduction; right to strike; salary; strike; unauthorised absence;
Judgment 4431
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges a decision of the Administrative Council introducing new rules for employees of the European Patent Office concerning the right to strike.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; general decision; internal appeal; right to strike; strike;
Judgment 4430
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the new rules governing the exercise of the right to strike at the European Patent Office.
Judgment keywords
Keywords:
complaint allowed; decision quashed; general decision; right to strike; strike;
Judgment 4429
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge a statement of the President of the European Patent Office alleging defamation.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed;
Judgment 4428
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the refusal of her request to combine a half day of absence for strike participation with a half day of leave.
Judgment keywords
Keywords:
complaint allowed; decision quashed; deduction; right to strike; salary; strike;
Judgment 4427
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to maintain his transfer to a patent examiner post.
Judgment keywords
Keywords:
complaint allowed; decision quashed; transfer;
Judgment 4425
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject her request for reimbursement of the cost of her spa cure as a type A cure undergone for “absolute medical necessity”.
Judgment keywords
Keywords:
complaint allowed; decision quashed; insurance; medical expenses;
Judgment 4424
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the outcome of his appeals concerning absences and reduced working hours for medical reasons.
Judgment keywords
Keywords:
complaint allowed; decision quashed; medical grounds; unauthorised absence;
Judgment 4423
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to consider as irreceivable his request to be entitled to 12 additional days of annual leave pursuant to Article 59(1)(b) of the Service Regulations.
Consideration 13
Extract:
As the IAC majority opinion was fundamentally flawed, the Vice-President of DG4’s endorsement of that opinion tainted the impugned decision and, accordingly, it will be set aside. As in their respective pleadings in the present complaint, the complainant and the EPO addressed the merits of the internal appeal, the matter will not be remitted to the EPO.
Keywords:
decision quashed;
Judgment keywords
Keywords:
annual leave; complaint allowed; decision quashed; unequal treatment;
Judgment 4415
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to impose upon him the disciplinary measure of dismissal for misconduct.
Judgment keywords
Keywords:
complaint allowed; decision quashed; disciplinary measure; health reasons; medical grounds; misconduct; termination of employment; termination of employment for health reasons;
Judgment 4412
132nd Session, 2021
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions not to renew her short-term appointment beyond 31 March 2016 and not to select her for a G-3 position advertised through a vacancy announcement.
Judgment keywords
Keywords:
complaint allowed; decision quashed; non-renewal of contract; selection procedure; short-term;
Judgment 4411
132nd Session, 2021
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment as a result of the abolition of her post.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; fixed-term; termination of employment;
Judgment 4405
132nd Session, 2021
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish her post and terminate her fixed-term appointment.
Judgment keywords
Keywords:
abolition of post; complaint allowed; decision quashed; reorganisation; termination of employment;
Judgment 4401
132nd Session, 2021
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss her application for the reimbursement of medical expenses.
Judgment keywords
Keywords:
complaint allowed; decision quashed; medical expenses;
Judgment 4391
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to promote him in the 2008 promotion exercise.
Consideration 10
Extract:
Given the inaccuracy in the reasons given for not promoting the complainant, which also means that the discretion was exercised in an arbitrary manner, the […] impugned decision is flawed and will be set aside (see, for example, Judgment 3647, under 14).
Reference(s)
ILOAT Judgment(s): 3647
Keywords:
decision quashed; discretion; mistake of fact; motivation; motivation of final decision;
Judgment 4362
131st Session, 2021
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her summary dismissal for serious misconduct.
Judgment keywords
Keywords:
complaint allowed; decision quashed; misconduct; summary dismissal;
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