Cause (583,-666)

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Keywords: Cause
Total judgments found: 30

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• Judgment 3126

  
  113th Session, 2012
  European Free Trade Association
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 17

  Extract:

  "The rule against double jeopardy does not prevent disciplinary and non-disciplinary consequences attaching to the same acts or events. However, it does preclude the imposition of further disciplinary measures for acts or omissions that have already attracted a disciplinary sanction."

  Keywords:

  cause; consequence; definition; disciplinary measure; double jeopardy; individual decision; organisation's duties;
  

  
  
  

• Judgment 3035

  
  111th Session, 2011
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 18

  Extract:

  The complainant was suspended from duty on 4 September 2008.
  "The Tribunal finds that, in maintaining the complainant's suspension by his decision of 6 July 2009, the Director General extended the duration of this suspension beyond the reasonable limit accepted by the case law and thus caused the complainant moral and professional injury."

  Keywords:

  breach; case law; cause; date; executive head; extension of contract; injury; moral injury; professional injury; reasonable time; suspension;
  

  
  
  

• Judgment 2899

  
  108th Session, 2010
  European Free Trade Association
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 20

  Extract:

  "[T]he Tribunal's case law has it that an international organisation which has mistakenly overpaid an official must take into account any circumstances which would make it unfair or unjust to require repayment of the sum in question - at least the full amount thereof. Relevant circumstances include the good or bad faith of the staff member, the sort of mistake made, the respective responsibilities of the organisation and the person concerned for the causes of the mistake and the inconvenience to which the staff member would be put by repayment that is required as a result of the organisation's oversight (see Judgments 1111, under 2, and 1849, under 16 and 18)."

  Reference(s)

  ILOAT Judgment(s): 1111, 1849
  

  Keywords:

  case law; cause; condition; consequence; equity; good faith; liability; mistake of fact; official; organisation; organisation's duties; recovery of overpayment; refund; request by a party;
  

  
  
  

• Judgment 2704

  
  104th Session, 2008
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "The principle of freedom of association is infringed if a person is subject to a detriment or disability or is discriminated against because of his or her activities within a staff association or [...] within the Staff Council."

  Keywords:

  breach; cause; condition; equal treatment; freedom of association; general principle; injury; official; staff union; staff union activity;
  

  
  
  

• Judgment 2392

  
  98th Session, 2005
  International Fund for Agricultural Development
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  The complainant submits that the internal appeal procedure took far too long. "To this the Fund makes two replies: first, that the complainant implicitly accepted the delays because she did not appeal directly to the Tribunal once she had decided that matters were dragging before the Joint Appeals Board; secondly, that a large part of the delay was due to the JAB itself [...]. Neither argument is persuasive. It is true that according to the case law a complainant may come directly to the Tribunal when the internal procedure takes too long (see Judgment 2196 and the cases cited therein), but the fact that a complainant does not take advantage of this cannot be held against him or her. Likewise, whether the delay was due to IFAD's tardiness (as a very large part of it clearly was) or to the malfunctioning of the JAB is simply irrelevant in light of the organisation's duty to provide to the members of its staff an efficient internal means of redress. The complainant is entitled to damages. (See Judgments 2072 and 2197.)"

  Reference(s)

  ILOAT Judgment(s): 2072, 2196, 2197
  

  Keywords:

  acceptance; administrative delay; case law; cause; complainant; delay; direct appeal to tribunal; grounds; internal appeal; internal appeals body; moral injury; official; organisation's duties; procedure before the tribunal; right; time limit;
  

  
  
  

• Judgment 2156

  
  93rd Session, 2002
  International Federation of Red Cross and Red Crescent Societies
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "Admittedly, precedent has it that international organisations can undertake restructuring where it is necessary to achieve greater effectiveness, or indeed to make savings, and can therefore regroup certain functions and make staff reductions. But any job abolitions arising out of such a policy must be justified by real needs, and not be immediately followed by the creation of equivalent posts."

  Keywords:

  abolition of post; case law; cause; creation of post; post; staff reduction; termination of employment;
  

  
  
  

• Judgment 1942

  
  88th Session, 2000
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "A general principle of law [...] has it that for a claim for damages to be entertained, the complainant must provide evidence of the actual injury and of a causal link between the unlawful act and the injury suffered."

  Keywords:

  burden of proof; cause; evidence; general principle; injury; material damages; moral injury;
  

  
  
  

• Judgment 1887

  
  87th Session, 1999
  European Molecular Biology Laboratory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  Application for the execution of a previous judgment.
  "The Tribunal's case law has it that exhausting all internal remedies is not in fact necessary in cases which involve determining whether the authority responsible for executing a judgment has respected its terms. It is however in principle essential when a case is sent back to that authority to resume or continue the procedure and when the judgment leaves it a degree of discretion. However, with a view to avoiding a sheer pedantic approach, the Tribunal will waive the requirement for exhaustion of internal remedies where no legal purpose is served, for example where the case is fit to be judged and the parties have submitted their pleas (see Judgment 1771 [...] and the case law cited therein)."

  Reference(s)

  ILOAT Judgment(s): 1771
  

  Keywords:

  application for execution; case law; cause; direct appeal to tribunal; execution of judgment; internal remedies exhausted; judgment of the tribunal;
  

  
  
  

• Judgment 1534

  
  81st Session, 1996
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 4-5

  Extract:

  There is a general principle of law that for a claim to damages to succeed "the claimant must provide evidence of (i) an unlawful act, (ii) actual injury and (iii) a causal link between act and injury. [...] Injury is not to be presumed: mere mention of 'worries', 'psychological stress' and 'deprivation of rights' will not do."

  Keywords:

  cause; compensation; complaint; condition; definition; evidence; general principle; injury; presumption;
  

  
  
  

• Judgment 1501

  
  81st Session, 1996
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainant "may not treat the organization as liable for the financial consequences of a decision for which he was solely to blame. so his claims to compensation for a drop in pay and to damages for premature transfer are therefore without merit."

  Keywords:

  cause; compensation; conduct; consequence; transfer;
  

  
  
  

• Judgment 1370

  
  77th Session, 1994
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  The complainant changed categories. "[T]he fall in the complainant's earnings is due to factors which are beyond the Union's control inasmuch as they derive from the [United Nations] common system. The ITU was under no duty to reverse a decision which the complainant had consented to and which, until 1991 at any rate, was to his financial advantage."

  Keywords:

  acceptance; amount; cause; coordinated organisations; decision; difference; lack of injury; organisation's duties; salary;
  

  
  
  

• Judgment 1349

  
  77th Session, 1994
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 14

  Extract:

  "Professional shortcomings are a typical justification for straightforward separation on expiry of a temporary appointment".

  Keywords:

  cause; contract; fixed-term; judicial review; non-renewal of contract; organisation's interest; unsatisfactory service;
  

  
  
  

• Judgment 1226

  
  74th Session, 1993
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  Vide Judgment 832.

  Reference(s)

  ILOAT Judgment(s): 832
  

  Keywords:

  acquired right; amendment to the rules; breach; budgetary reasons; case law; cause; contract; criteria; staff regulations and rules;
  

  
  
  

• Judgment 1220

  
  74th Session, 1993
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The complainant is challenging a decision whereby another official, he alleges, was wrongfully granted or allowed to keep financial and other benefits. The complainant was no longer in the WHO's employ when the impugned decision was taken. "As the Tribunal held in Judgment 732 [...], a complaint 'would succeed only if the complainant had suffered injury and established a sufficient causal link between the organization's act and the injury'; and again, in Judgment 764 [...] 'a decision by an international organisation is challengeable before the Tribunal only if it causes the complainant injury'. the complainant having suffered no injury and being therefore unable to show any cause of action, his application is irreceivable and must fail."

  Reference(s)

  ILOAT Judgment(s): 732, 764
  

  Keywords:

  application for execution; case law; cause; cause of action; complaint; injury; lack of injury; receivability of the complaint; status of complainant;
  

  
  
  

• Judgment 1216

  
  74th Session, 1993
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  Among the conditions which the Tribunal sets out for pleading res judicata is cause of action. "What the cause of action means is the foundation of the claim in law. It is not the same thing as the pleas, which are submissions on issues of law or of fact put forward in support of the claim. [...] In many instances the question will be whether the complainant's line of argument does not show some direct link with the earlier case." This entails determining whether the complainant's claim has "the same foundation in law as the claims dismissed in earlier judgments".

  Keywords:

  cause; definition; res judicata; same cause of action;
  

  
  
  

• Judgment 1199

  
  73rd Session, 1992
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "The doctrine of acquired rights was stated in Judgment 832. An acquired right is one the staff member may expect to survive any amendment of the rules. But in each case the issue is whether the amended term of appointment is fundamental or not. The first point is to determine whether the essence of the terms of appointment has altered, the second to assess the reasons for the change."

  Reference(s)

  ILOAT Judgment(s): 832
  

  Keywords:

  acquired right; amendment to the rules; case law; cause; definition; staff regulations and rules;
  

  
  
  

• Judgment 889

  
  64th Session, 1988
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "Although the disputes [between the complainant and his employer] may indeed have made his condition worse, it is not established that that condition was directly attributable to his employment."

  Keywords:

  cause; illness; service-incurred; working relations;
  

  
  
  

• Judgment 732

  
  58th Session, 1986
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The complaint "would succeed only if the complainant had suffered injury and established a sufficient causal link between the organization's act and the injury. The conditions are not fulfilled. First, the injury to the complainant's credit is not proven. [...] Secondly, there is no sufficient causal link between the organization's act and the alleged injury."

  Keywords:

  cause; injury; lack of evidence; material injury; moral injury; organisation;
  

  
  
  

• Judgment 664

  
  56th Session, 1985
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The plea will not succeed if he who alleges force majeure was himself responsible for the occurrence. thus it must fail where he was himself negligent or, though not negligent, put himself in such a position as to incur risk of the occurrence. Moreover, the plea will fail even if there is no direct and necessary link between the victim's behaviour and the occurrence." Thus, while indulging in a sport like skiing does not constitute negligence, there is no force majeure in the event of an accident during the practice of such a sport.

  Keywords:

  cause; complainant; force majeure; liability; professional accident;
  

  
  
  

• Judgment 642

  
  54th Session, 1984
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "Fault may engage liability, but need not do so: it must also be the direct cause of injury."

  Keywords:

  cause; condition; injury; liability; misconduct;
  

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