Procedural fairness (863,-666)

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Keywords: Procedural fairness
Total judgments found: 1

• Judgment 4215

  
  129th Session, 2020
  Intergovernmental Organisation for International Carriage by Rail
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to confirm his appointment at the end of his probation period.

  Considerations 3-4

  Extract:

  [T]he evidence shows that the Administrative Committee was invited to consider the case on the basis of an introductory note and a proposed decision drawn up by the Secretary General, which reflected, entirely one-sidedly, the case put by OTIF’s administration. In breach of the adversarial principle, those documents were not communicated to the complainant at that stage and were disclosed only when OTIF filed its reply in these proceedings.
  Moreover, the minutes of the session of the Administrative Committee on 28 June 2017 show that the external legal counsel who was defending OTIF’s interests addressed the Administrative Committee at the beginning of the meeting in the absence of the complainant’s representative, and that although the Secretary General did indeed leave the room during the in camera deliberations, that counsel went on to take part in the discussion, thus compromising the Committee’s neutrality.
  As the Tribunal stated in Judgment 3909 concerning a complaint filed by another OTIF official whose internal appeal had been considered in similar circumstances, such proceedings breach the right to due process (see Judgment 3909, consideration 6, and, for similar cases, Judgments 3421, consideration 3, and 3648, consideration 10).

  Reference(s)

  ILOAT Judgment(s): 3421, 3648, 3909
  

  Keywords:

  procedural fairness;