Case sent back to organisation (130,-666)
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Keywords: Case sent back to organisation
Total judgments found: 168
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Judgment 4839
138th Session, 2024
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject her sexual harassment claim.
Consideration 11
Extract:
Where the investigation into a harassment complaint is found to be flawed, the Tribunal will ordinarily remit the matter to the organisation concerned so that a new investigation can be conducted (see, for example, Judgment 4313, consideration 8). However, the complainant asks the Tribunal not to refer the matter back to IOM, but to award her material and moral damages. In view of this and the time that has elapsed, the Tribunal considers it inappropriate to refer the case back to IOM.
Reference(s)
ILOAT Judgment(s): 4313
Keywords:
case sent back to organisation; damages; flaw; investigation; material damages; moral damages; remand;
Judgment 4837
138th Session, 2024
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who separated from service, contests the placement in his personnel file of a letter stating that he was found to have committed sexual harassment during his employment and that, had he not separated from service, he would have been imposed the disciplinary measure of a final letter of warning.
Consideration 21
Extract:
As a result of the procedural flaw in the Appeals Commission’s process, the Tribunal will remit the matter to the Federation for a new consideration of the complainant’s internal appeal by a newly composed Appeals Commission.
Keywords:
case sent back to organisation; internal appeal; internal procedure;
Judgment 4836
138th Session, 2024
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his non-selection for several positions.
Consideration 18
Extract:
Situations will arise where it is appropriate to set aside the selection process and remit the matter to the Federation for it to conduct new selection competitions for the contested positions. This will however not be done in this case as it seems that no practical purpose will be served by doing so, given, particularly, that the complainant is no longer a staff member at the Federation.
Keywords:
case sent back to organisation; former official; selection procedure;
Judgment 4834
138th Session, 2024
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-extension of his fixed-term appointment.
Consideration 15
Extract:
[T]he complainant’s right to be heard [in the internal appeal procedure] was violated […] [T]he Tribunal will not remit the case to the Federation for the internal appeal to be reconsidered as it is satisfied that the reason provided for the non-renewal of the complainant’s contract is supported by the evidence in the record.
Keywords:
case sent back to organisation; non-renewal of contract;
Judgment 4829
138th Session, 2024
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to reject his compensation claim for service-incurred injury and illness as time-barred.
Consideration 12
Extract:
In light of the foregoing, the complainant’s claim for compensation will be remitted to the IAEA for the JABCC to consider whether the complainant’s injury is attributable to the performance of official duties and whether he is entitled to the payment of medical expenses and compensation resulting from such injury pursuant to Appendix D.
Keywords:
case sent back to organisation; claim; compensation; illness; injury; remand; service-incurred;
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 4808
137th Session, 2024
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the outcome of the investigation procedure conducted in respect of her harassment grievance and the resulting lack of compensation.
Consideration 13
Extract:
In the circumstances, the Tribunal should normally refer the matter to the Director-General in order for him to determine the redress that it would be appropriate to contemplate as compensation for the injury suffered by the complainant as a result of the harassment established. However, in view of the time that has elapsed and the fact that there is sufficient evidence and information in the file to enable the Tribunal to reach a decision on the nature of this redress and to properly assess the amount of compensation for moral injury claimed by the complainant, it would be inappropriate to do so in this case (see, for example, Judgments 4663, consideration 17, 4602, consideration 18, and 4471, consideration 20).
Reference(s)
ILOAT Judgment(s): 4471, 4602, 4663
Keywords:
case sent back to organisation; compensation; harassment; moral injury;
Judgment 4785
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for execution of Judgment 4429.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 4429
Keywords:
application for execution; case sent back to organisation; complaint dismissed;
Judgment 4739
137th Session, 2024
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the Global Fund’s decision to close his harassment complaint and not to provide him with a copy of the investigation report.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed in part; disclosure of evidence; due process; duty to inform about the investigation; investigation report; order to communicate a report;
Consideration 13
Extract:
In the present case, the Tribunal does not have sufficient information that would enable it to reach an informed decision on the complainant’s harassment complaint. The investigation report before the Tribunal is so heavily redacted that much of the documentation relevant to the allegation of harassment, namely the witness statements, is omitted. […] In these circumstances, the Tribunal considers it appropriate to refer the case back to the Global Fund so that (unless the case is settled in the meantime): (i) the Appeal Board shall carry out a new internal appeal process, in line with due process requirements (including by giving the complainant the opportunity to comment on the investigation report and the evidence gathered, redacted as appropriate to safeguard the interests of third parties, in order to challenge or rectify them); and (ii) the Executive Director shall take a new decision on the Appeal Board’s recommendation.
Keywords:
case sent back to organisation; due process; internal appeal;
Judgment 4708
136th Session, 2023
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for execution of Judgment 4480.
Consideration 6
Extract:
The Tribunal recalls that its judgments are “final and without appeal” under Article VI of its Statute, carry res judicata authority and are immediately operative. As they may not later be called into question except when an application for review is allowed, they must be executed by the parties as ruled. The parties must work together in good faith to execute judgments within a reasonable timeframe. Moreover, under the Tribunal’s case law, the application for execution may relate only to the execution of a judgment and not, for example, to the allegedly harmful consequences of the manner in which it was executed. When the Tribunal allows a complaint, sends the case back so that the organisation may resume or continue some procedure, and leaves it a degree of discretion, the new decision will ordinarily be subject to appeal, and in that case the internal remedies do have to be exhausted (see, for example, Judgment 1771, consideration 2(b)).
Reference(s)
ILOAT Judgment(s): 1771
Keywords:
application for execution; case sent back to organisation;
Judgment 4663
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the refusal to acknowledge the harassment that she alleges she suffered and to provide her with the full inquiry report drawn up following her internal complaint against a colleague.
Considerations 17-18
Extract:
[T]he complainant does not request in her submissions that her complaint of harassment be remitted to the Organization for a thorough inquiry. She confines herself to claiming redress for moral injury and seeking an award of damages. In view of this, the Tribunal considers it inappropriate to refer the case back to the Organization. Rather, the appropriate course in this case is to award the complainant adequate compensation for the moral injury caused by the decisions that the Tribunal will set aside. The Tribunal considers that there is sufficient evidence and information in the file to enable it to reach a decision on the extent of this injury.
As can be seen from the foregoing, the complainant was deprived of her right to have a rigorous and thorough inquiry conducted into her complaint of harassment, which would, in all likelihood, have established that she had submitted a credible complaint of harassment in good faith. In addition, the complainant was deprived of her right to know whether the harassment against her had been acknowledged and of her right to receive the report of the preliminary inquiry into the complaint in good time.
Keywords:
case sent back to organisation; compensation; harassment; moral injury;
Judgment 4633
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to impose on him the sanction of demotion.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; disciplinary measure; staff assessment; standard of proof;
Judgment 4621
135th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her short-term appointment and complains that she was not able to exercise her right to an effective internal appeal in its regard.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; direct appeal to tribunal; non-renewal of contract; right of appeal;
Judgment 4620
135th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her performance assessment and complains that she was not able to exercise her right to an effective internal appeal in its regard.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; direct appeal to tribunal; performance evaluation; rating; right of appeal;
Judgment 4619
135th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to place her on a roster.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; roster; selection procedure;
Judgment 4618
135th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the outcome of two selection procedures in which she took part.
Judgment keywords
Keywords:
case sent back to organisation; cause of action; competition; complaint allowed; selection procedure;
Judgment 4592
135th Session, 2023
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the calculation of the amounts transferred into the Eurocontrol scheme in respect of his previously-acquired pension rights and seeks compensation for the injury he considers he has suffered as a result of alleged negligence on the part of the Organisation.
Consideration 17
Extract:
In these circumstances the Tribunal’s case law recognises that it is appropriate to remit the matter to the Organisation to allow the internal appeal procedure to proceed to its conclusion (see, for example, Judgment 4499, consideration 13).
In that regard, it should be borne in mind that, according to the consistent case law of the Tribunal, “one of the main justifications for the mandatory nature of an internal appeal procedure is to enable the Tribunal, in the event that a complaint is ultimately filed, to have before it the findings of fact, items of information or assessment resulting from the deliberations of appeal bodies. Appeal bodies play a fundamental role in the resolution of disputes, owing to the guarantees of objectivity derived from their composition and their extensive knowledge of the functioning of the organisation” (see Judgment 4168, consideration 2; see also Judgments 4499, consideration 13, 3067, consideration 20, and 2781, consideration 15). There is all the more justification for the input of the internal appeal body in a case such as the present one which involves technical aspects.
Reference(s)
ILOAT Judgment(s): 2781, 3067, 4168, 4499
Keywords:
case sent back to organisation; internal appeal; right of appeal;
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; internal appeal; patere legem; transfer of pension rights;
Judgment 4585
135th Session, 2023
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision made concerning the extent of his service-incurred disability, the date until which he should be paid compensation for disability, and the payment of the fees of the medical experts who examined his case.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; disability benefit;
Judgment 4579
135th Session, 2023
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to discharge him.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; disciplinary measure; reinstatement; sexual harassment;
Judgment 4578
135th Session, 2023
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to investigate his allegations of harassment.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; harassment; investigation;
Consideration 9
Extract:
Having set aside the impugned decision, the Tribunal will remit the case to ITU in order that the complainant’s harassment complaint can be investigated in accordance with the applicable rules and the Tribunal’s case law. The investigation shall commence within sixty days of the public delivery of this judgment.
Keywords:
case sent back to organisation;
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