Suspensive action (243,-666)

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Keywords: Suspensive action
Total judgments found: 13

• Judgment 4817

  
  138th Session, 2024
  World Trade Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns a decision ordering a new investigation into her alleged misconduct and suspending the disciplinary measures pending the new investigation and a new decision in the matter. She contests this decision to the extent it maintained the finding that she committed misconduct.

  Consideration 8

  Extract:

  Considering the unclear evidence in this regard, the Tribunal considers that, in the event the deductions have been made and have not already been reimbursed in full, the Organization should immediately reimburse all the deductions made, as they have no legal basis, since the disciplinary measures have been suspended. Considering that to date there are no findings of misconduct, the disciplinary measures cannot stand by themselves and their suspension must be fully retroactive.

  Keywords:

  deduction; disciplinary measure; retroactivity; suspensive action;
  

  Judgment keywords

  Keywords:

  cause of action; complaint allowed; deduction; disciplinary measure; double jeopardy; investigation; manifest error; presumption of innocence; suspensive action;
  

  
  
  

• Judgment 3860

  
  124th Session, 2017
  International Criminal Court
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the decision to reject his request for suspension of the decision to abolish his post and terminate his contract pending the outcome of the internal appeal proceedings.

  Judgment keywords

  Keywords:

  complaint dismissed; suspensive action; termination of employment;
  

  
  
  

• Judgment 2773

  
  106th Session, 2009
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  "Nor has the Tribunal found any evidence on file to suggest that the Organization displayed prejudice against the complainant. The circumstance which the complainant cites in support of this contention, namely that he was suspended from his duties on the basis of Staff Rules, cannot be construed in that way, because such a suspension is only an interim, precautionary measure which does not at all prejudge the outcome of the proceedings (see, for example, Judgments 1927, under 5, and 2365, under 4(a))."

  Reference(s)

  ILOAT Judgment(s): 1927, 2365
  

  Keywords:

  bias; disciplinary measure; disciplinary procedure; measure of distraint; organisation's duties; provisional measures; staff regulations and rules; suspension; suspensive action;
  

  
  
  

• Judgment 2698

  
  104th Session, 2008
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 13-14

  Extract:

  The complainant was notified of a number of serious charges against him and was informed that he would be suspended from duty with pay until the end of the investigation into the charges. "The Director General did not [...] implement the Appeal Board's recommendation that he should conclude with all due speed the investigation into the allegations of serious misconduct against the complainant and should take a decision within a reasonable time. In fact he did not conduct the investigation with the dispatch required by the Tribunal's case law and by the circumstances of the case, and he thus caused an unjustified delay in the handling of the case. The explanations given by the Organization in its submissions are irrelevant, particularly because they do not indicate that the completion of the investigation was delayed through any fault on the part of the complainant.
  By prolonging an essentially temporary measure beyond a reasonable time, without any valid grounds, thereby placing the complainant in a situation of uncertainty as to his further career, the Organization caused him moral injury which must be redressed by awarding him the amount of 10,000 United States dollars."

  Keywords:

  allowance; breach; career; case law; compensation; consequence; decision; delay; executive head; grounds; injury; inquiry; internal appeals body; investigation; moral injury; organisation's duties; provisional measures; reasonable time; recommendation; serious misconduct; suspensive action;
  

  Consideration 11

  Extract:

  "[T]he measure of suspension constitutes [...] an interim measure which in no way prejudges the decision on the merits regarding a possible disciplinary measure, but which is designed to safeguard the interests of the Organization pending the outcome of an investigation to ascertain whether the accusations have any substance or not."

  Keywords:

  definition; disciplinary measure; inquiry; investigation; organisation's interest; provisional decision; purpose; suspensive action;
  

  
  
  

• Judgment 2365

  
  97th Session, 2004
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4(a)

  Extract:

  "The suspension of the complainant was an interim, precautionary measure, which was to last as long as the disciplinary procedure. It was ordered without hearing the complainant's views on the matter beforehand, but the latter's right to be heard was safeguarded since he later had an opportunity to exercise it before the impugned decision was taken. In any case, a decision to suspend need not necessarily be followed by a substantive decision to impose a disciplinary sanction (see Judgment 1927, under 5). Nevertheless, since it imposes a constraint on the staff member, suspension must be legally founded, justified by the requirements of the organisation and in accordance with the principle of proportionality. A measure of suspension will not be ordered except in cases of serious misconduct. Such a decision lies at the discretion of the Director-General. It is subject therefore to only limited review by the Tribunal, that is to say, if it was taken without authority or in breach of a rule of form or of procedure, or was based on an error of fact or of law, or overlooked some essential fact, or was tainted with abuse of authority, or if a clearly mistaken conclusion was drawn from the evidence (see, for instance, Judgment 2262, under 2)."

  Reference(s)

  ILOAT Judgment(s): 1927, 2262
  

  Keywords:

  abuse of power; breach; condition; decision; decision-maker; disciplinary measure; disciplinary procedure; discretion; disregard of essential fact; executive head; formal flaw; formal requirements; judicial review; limits; measure of distraint; mistake of fact; mistaken conclusion; misuse of authority; official; organisation's duties; period; procedural flaw; proportionality; provisional measures; right to reply; suspensive action;
  

  
  
  

• Judgment 862

  
  63rd Session, 1987
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "Suspension is temporary repeal: while in force it makes the text void. What distinguishes it from repeal is that it is not final, its purpose being to provide against some temporary contingency, and it need only be lifted for the text to come into force again. But repeal is final and once a text has been repealed the law-maker has to adopt a new one to bring the provisions back into effect."

  Keywords:

  binding character; difference; effect; enforcement; period; provision; provisional measures; staff regulations and rules; suspensive action; written rule;
  

  Consideration 7

  Extract:

  "Only the body competent to adopt or repeal a rule may suspend it, and by due process."

  Keywords:

  competence; decision-maker; procedure before the tribunal; provision; staff regulations and rules; suspensive action;
  

  Consideration 10

  Extract:

  Article 3.1.1.2 of the ILO Staff Regulations provides for periodic adjustments to pensionable remuneration. The application of this regulation was suspended effective 1 April 1985. The complainants argue that the absence of an adjustment on 1 April 1986 breaches their acquired rights. "The complainants say they cannot put a figure on the loss sustained but they submit a table showing losses that range from 13 to 39 per cent according to grade. The table does not distinguish between loss due to the measures of which the Tribunal was informed in the earlier proceedings - and which it declared lawful - and loss alleged to be due to the failure to revise the scale on 1 April 1986. So in any event the Tribunal cannot but endorse its ruling in Judgment 832 under 16." The complaints are dismissed.

  Reference(s)

  Organization rules reference: ARTICLE 3.1.1.2 OF THE ILO STAFF REGULATIONS
  ILOAT Judgment(s): 832
  

  Keywords:

  acquired right; adjustment; amount; breach; date; difference; enforcement; grade; injury; pension; pension entitlements; pensionable remuneration; provision; reckoning; res judicata; staff regulations and rules; subsidiary; suspensive action;
  

  
  
  

• Judgment 831

  
  62nd Session, 1987
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 22

  Extract:

  "Another plea of the complainants' is that the [International Civil Service] Commission misused its authority by availing itself of the post adjustment with the improper intent of checking an allegedly undue widening of the margin. One reason why the plea fails is that, as has been seen, the Commission acted intra vires. In authorising the Commission to suspend the increase in the post adjustment the Assembly also authorised the purpose of doing so."

  Keywords:

  abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
  

  
  
  

• Judgment 830

  
  62nd Session, 1987
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 22

  Extract:

  See Judgment 831, consideration 22.

  Reference(s)

  ILOAT Judgment(s): 831
  

  Keywords:

  abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
  

  
  
  

• Judgment 829

  
  62nd Session, 1987
  General Agreement on Tariffs and Trade
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 22

  Extract:

  Vide Judgment 831, consideration 22.

  Reference(s)

  ILOAT Judgment(s): 831
  

  Keywords:

  abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
  

  
  
  

• Judgment 828

  
  62nd Session, 1987
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 21

  Extract:

  See Judgment 831, consideration 22.

  Reference(s)

  ILOAT Judgment(s): 831
  

  Keywords:

  abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
  

  
  
  

• Judgment 827

  
  62nd Session, 1987
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 22

  Extract:

  See Judgment 831, consideration 22.

  Reference(s)

  ILOAT Judgment(s): 831
  

  Keywords:

  abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
  

  
  
  

• Judgment 826

  
  62nd Session, 1987
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 22

  Extract:

  See Judgment 831, consideration 22.

  Reference(s)

  ILOAT Judgment(s): 831
  

  Keywords:

  abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
  

  
  
  

• Judgment 825

  
  62nd Session, 1987
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 22

  Extract:

  See Judgment 831, consideration 22.

  Reference(s)

  ILOAT Judgment(s): 831
  

  Keywords:

  abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;