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Former official (655,-666)
You searched for:
Keywords: Former official
Total judgments found: 35
1, 2 | next >
Judgment 4905
138th Session, 2024
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to set the rate of deterioration of physical health resulting from an occupational accident at only 15 per cent and, consequently, to award him the sum of 11,874.60 Swiss francs as an indemnity for deterioration of physical health.
Consideration 5
Extract:
[T]he Tribunal notes that Chapter VI of the CERN Staff Rules and Regulations confers the right of appeal solely on “members of the personnel”, which, as the Tribunal has already held, does not include former members of the personnel (see Judgment 1399, consideration 10). The complainant, as a former member of the personnel, was not therefore required to exhaust the internal remedies and could file a complaint directly with the Tribunal (see Judgments 3915, consideration 3, 3679, consideration 4, 3505, considerations 3 and 4, and 3074, consideration 13, as well as aforementioned Judgment 1399, considerations 7 and 10).
Reference(s)
ILOAT Judgment(s): 1399, 3074, 3505, 3679, 3915
Keywords:
direct appeal to tribunal; former official;
Judgment 4893
138th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his staff report for 2008-2009.
Consideration 3
Extract:
One of the arguments advanced by the EPO is that this complaint is irreceivable as it is moot particularly given that the complainant has long since ceased being a member of its staff. It might also be thought that, when he ceased being a member of staff, he no longer had a cause of action. There is, in the Tribunal’s case law, some support for the view that a former staff member, who has retired since a contested staff report was drawn up, has “a moral interest in challenging a report appraising her or his performance” and has a cause of action which endures beyond retirement (see Judgment 4637, consideration 7).”
Reference(s)
ILOAT Judgment(s): 4637
Keywords:
cause of action; former official; performance report; rating;
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.
Judgment keywords
Keywords:
complaint allowed; disciplinary measure; former official; sexual harassment;
Consideration 9
Extract:
The complainant’s submission to the effect that the 30 July 2021 letter is contradictory in that it indicates it is both a disciplinary measure […] and not a disciplinary measure at the same time, is […] unfounded. That letter merely informed the complainant that it was determined from the reopened process that he had [committed sexual harassment] and he would have been sanctioned under the applicable rule had he still been a staff member.
Keywords:
disciplinary measure; former official; sexual harassment;
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 4780
137th Session, 2024
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the monthly amount deducted from her pension as contribution to her after-service health insurance in the period from May 2001 to December 2019.
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies; former official; internal appeal; review of administrative decision;
Judgment 4775
137th Session, 2024
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] contract after [her] resignation”.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; failure to exhaust internal remedies; former official; internal appeal; internal procedure; internal remedies not exhausted;
Consideration 8
Extract:
FAO Manual paragraph 331.4, entitled ‘Appeals by Former Staff Members’, provides that former staff members shall have access to the appeals procedure. FAO Manual paragraph 331.4.1 specifically states that “[f]ormer staff members [...] may lodge an appeal in accordance with the provisions of this Manual Section subject to Manual [paragraphs] 331.4.2 and 331.4.3”.
Keywords:
failure to exhaust internal remedies; former official; internal appeal; internal procedure; internal remedies not exhausted;
Judgment 4759
137th Session, 2024
Organisation of African, Caribbean and Pacific States
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-renewal of his employment contract.
Consideration 3
Extract:
The Organisation challenges the Tribunal’s jurisdiction to hear the complaint on the grounds that the complainant is no longer a member of the OACPS’s staff. However, the Tribunal recalls that, pursuant to Article II, paragraph 6(a), of its Statute, access to the Tribunal is open to any official “even if her or his employment has ceased”.
Keywords:
former official; ratione personae; receivability of the complaint;
Judgment 4735
136th Session, 2023
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former staff member of IOM at its Country Office in Afghanistan, asserts that a position which was readvertised after its temporary abolition should be assigned to him.
Judgment keywords
Keywords:
cause of action; competence of tribunal; complaint dismissed; former official; summary procedure;
Consideration 4
Extract:
The Tribunal notes that, at the time when he filed his complaint, the complainant was a former official of IOM. Although the Tribunal is open to former officials of international organizations recognising its competence, a complaint filed by a former official must, like any other complaint, invoke non-observance, in substance or in form, of the terms of the complainant’s appointment and/or of provisions of the Staff Regulations, as required by Article II, paragraph 5, of the Tribunal’s Statute (see, for example, Judgments 4201, consideration 3, 2333, consideration 8, and 1105, consideration 2). In this case, however, the complainant relies on an alleged “right” to recruitment arising out of his former employment which does not exist in any form whatsoever. Moreover, he does not put forward any arguments deriving from a breach of his former contract (see, for a similar case, Judgment 1941, consideration 6). The Tribunal is therefore not competent, under Article II of its Statute, to hear this complaint.
Reference(s)
ILOAT Judgment(s): 1105, 1941, 2333, 4201
Keywords:
cause of action; former official; selection procedure;
Judgment 4646
135th Session, 2023
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who was employed under a series of Special Service Agreements, submits that she was requested without a valid reason to stop working immediately and that WHO did not grant her request for conciliation and amicable settlement.
Consideration 3
Extract:
The complainant states in the complaint form that she filed the complaint in her capacity as a former official. However, according to the express terms of the SSA under which she was employed, the complainant did not have the status of a WHO official. As the complainant cannot be considered as an official or former official of WHO and is not covered by WHO’s Staff Rules and Regulations, she has no access to this Tribunal (see Judgments 3705, consideration 4, 3551, consideration 3, and 3049, consideration 4).
Reference(s)
ILOAT Judgment(s): 3049, 3551, 3705
Keywords:
competence; former official; ratione personae; special service agreement;
Judgment 4637
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his staff report for 2014.
Consideration 7
Extract:
With regard to all the complainant’s other claims, the EPO submits that the complaint is irreceivable since the complainant no longer has a cause of action. According to it, while the complainant had, to a limited extent, a cause of action to challenge his 2014 staff report at the time when he filed his complaint, that cause of action lapsed when he retired on the last day of the month in which he reached the age of 65 years, as provided for in Article 54(1)(a) of the Service Regulations. In the EPO’s view, since the complainant is retired and has stopped work permanently, with no chance of being reinstated or resuming his career, he is no longer eligible for any career progression, whether this be through step advancements, bonuses or promotions as provided for in Chapter 2 of Title III of the Service Regulations, which deals with professional development. The EPO therefore considers that he has no cause of action to request that the report in question be set aside.
However, the Tribunal observes that a staff member has, at the very least, a moral interest in challenging a report appraising her or his performance. Thus, contrary to the EPO’s submissions, the fact that the complainant has retired since the report was drawn up does not, in itself, deprive him of a cause of action. The EPO’s objection to receivability must therefore be dismissed.
Keywords:
cause of action; former official; performance report; rating;
Judgment 4601
135th Session, 2023
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to summarily dismiss him after an internal complaint of harassment was made against him.
Consideration 14
Extract:
The complainant also asks that, as a result of the impugned decision being set aside by the Tribunal, the WTO should be ordered to issue him with the badge provided to pensioners to enable him to participate in the activities of the WTO Pensioners’ Assembly. It is, however, clear from the case law that the Tribunal is not competent to make orders of that kind.
This is all the more so given that the complainant does not point to any obligation on the WTO to issue the “pensioner” badge arising from the terms of his employment contract or under the provisions of the Staff Regulations and Staff Rules. The Tribunal does not, therefore, in any event, have any competence in the matter, pursuant to Article II, paragraph 5, of its Statute.
Keywords:
access badge; competence of tribunal; former official; house ban; order to deliver a badge;
Judgment 4582
135th Session, 2023
Organisation of African, Caribbean and Pacific States
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the reclassification of her employment contracts. She also claims that she was the victim of harassment and seeks compensation for the injury she alleges to have suffered.
Consideration 2
Extract:
The Organisation challenges the Tribunal’s competence to hear the complaint. However, the Tribunal recalls that, under Article II, paragraph 6(a), of its Statute, the Tribunal is open to any official, “even if her or his employment has ceased”. The challenge to the Tribunal’s competence will therefore be dismissed.
Keywords:
competence; former official; ratione personae; receivability of the complaint;
Judgment 4548
134th Session, 2022
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant claims compensation for the injury she considers she has suffered because she was not re-hired by the ILO.
Consideration 4
Extract:
It is firmly established in the case law that “although former officials may file complaints with the Tribunal, the Statute limits the Tribunal’s jurisdiction to complaints alleging the non-observance of an official’s terms of appointment and such provisions of the relevant Staff Regulations applicable to the case” (see Judgment 2903, consideration 11; see also Judgments 4201, consideration 3, and 4219, consideration 17).
Reference(s)
ILOAT Judgment(s): 2903, 4201, 4219
Keywords:
cause of action; competence of tribunal; former official;
Judgment keywords
Keywords:
competence of tribunal; complaint dismissed; external candidate; former official; ratione personae;
Judgment 4547
134th Session, 2022
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision of the President of IFAD to find her internal complaint of harassment and abuse of authority unfounded.
Consideration 7
Extract:
[T]he Tribunal observes that it is irrelevant that IFAD no longer had any reason to take measures to protect the complainant in the present case since she had left the organisation. That is not what the complainant seeks. She does not claim protection, which would indeed be pointless, but compensation for the material and moral injury she submits she suffered as a result of the conduct in question.
Keywords:
cause of action; former official; harassment;
Judgment 4517
134th Session, 2022
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks restoration of her entitlements to healthcare and health insurance.
Consideration 3
Extract:
Contrary to what the complainant contends, the internal remedies provided for in Chapter XI of the Staff Regulations and Staff Rules are available to former staff members. While it is true that, as the Tribunal observed in Judgment 2892, considerations 6 to 8, and reaffirmed in several more judgments, only serving staff members previously had recourse to these remedies, in 2016 Staff Regulation 11.1 was amended specifically to extend access to former staff members. The previous case law is therefore obsolete [...].
Reference(s)
ILOAT Judgment(s): 2892
Keywords:
former official; internal appeal;
Judgment keywords
Keywords:
duty of care; former official; medical insurance;
Consideration 8
Extract:
[I]n the very specific circumstances of the case, the Tribunal considers that, in view of the complainant’s advanced age and frail health, which plainly make it difficult in practice for her to access information concerning her rights, and the fact that, in this context, she could legitimately be unaware of the – still relatively recent – revision of the Staff Regulations extending the scope of the internal appeal procedure to former staff members, it was incumbent on ITU to ensure that the complainant was duly informed of the remedies and time limits for challenging the impugned decision, at least as from receipt of the abovementioned letter of 27 June 2020. Although the Tribunal’s case law does not ordinarily place such an obligation on organisations, ITU’s duty of care towards this former staff member required it to provide her with the necessary information on this point (for a comparable case involving a failure to state the means of redress and applicable time limits in the notification of a decision sent to a former staff member with a serious disability, see Judgment 3012, consideration 6). That requirement was not met by ITU, since – somewhat shockingly from a human perspective – the Organisation simply failed to communicate with the complainant from the beginning of the present case and, in particular, did not reply to either of the abovementioned letters sent to it on her behalf.
Reference(s)
ILOAT Judgment(s): 3012
Keywords:
duty of care; former official; internal appeal;
Judgment 4482
133rd Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the “social democracy” reform introduced by decision CA/D 2/14.
Consideration 16
Extract:
Insofar as the complainant seeks moral damages for the length of the internal appeal, it is by no means obvious that he suffered a moral injury having left the Organisation in 2016, and, in any event, he has not demonstrated that he has.
Keywords:
delay in internal procedure; former official; moral injury;
Judgment 4448
133rd Session, 2022
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the Global Fund’s alleged failure to take a final decision on her formal complaint of harassment.
Consideration 9
Extract:
The complainant’s claim for compensation for alleged defamation is based on an organisation’s ongoing duty not to cause such injury to present as well as former staff members. This accords with the Tribunal’s case law in consideration 46 of Judgment 3613 that international organisations are bound to refrain from any type of conduct that may harm the dignity or reputation of their staff members and that this duty, which flows from the general principles governing the international civil service, is also applicable as a matter of course to former staff members of an organisation (see also Judgment 2861).
Reference(s)
ILOAT Judgment(s): 2861, 3613
Keywords:
defamation; former official;
Judgment 4358
131st Session, 2021
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to place him on the shortlist for a position.
Consideration 2
Extract:
Article II of the Tribunal’s Statute recognises that officials whose employment has ceased can access the Tribunal (Article II, paragraph 6(a)), a circumstance which might, for example, involve the enforcement of rights which had arisen during the currency of their employment (see, for example, Judgment 4219, consideration 17). However it is nonetheless necessary, to render a complaint receivable, for a complainant to be seeking to vindicate non-observance of her or his terms of appointment or Staff Regulations as are applicable (Article II, paragraph 5, of the Tribunal’s Statute). Ordinarily, as is the case in the present proceedings, a person who has ceased to be a member of the staff of an international organisation has no subsisting terms of appointment nor are there ordinarily any applicable Staff Regulations and none applying to former staff members are pointed to in these proceedings.
Accordingly the complaint must be dismissed as irreceivable as the Tribunal has no competence to hear it (see, for example, Judgments 3774, consideration 1, and 3709, consideration 4).
Reference(s)
ILOAT Judgment(s): 3709, 3774, 4219
Keywords:
competence; former official; ratione personae;
Judgment keywords
Keywords:
competence; complaint dismissed; former official; ratione personae;
Judgment 4337
131st Session, 2021
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her requests for reinstatement.
Judgment keywords
Keywords:
cause of action; complaint dismissed; former official; reinstatement;
Judgment 4224
129th Session, 2020
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the disciplinary measure of summary dismissal imposed on him.
Judgment keywords
Keywords:
complaint dismissed; former official; internal remedies exhausted;
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