Procedure before the Tribunal (1, 3, 4, 18, 19, 647, 20, 92, 675, 24, 26, 29, 31, 32, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 669, 680, 45, 46, 47, 48, 49, 50, 51, 108, 110, 111, 112, 113, 114, 115, 116, 433, 771, 772, 773, 774, 775, 776, 777, 778, 781, 109, 738, 769, 118, 662, 737, 739, 768, 770, 838, 877, 5, 6, 7, 8, 14, 15, 16, 683, 802, 12, 13, 9, 11, 17, 567, 757, 744, 754, 803, 882, 52, 53, 54, 56, 55, 71, 73, 74, 673, 57, 58, 60, 61, 62, 63, 64, 643, 682, 65, 66, 67, 68, 69, 75, 93, 534, 535, 659, 655, 704, 705, 59, 684, 698, 706, 760, 889, 758, 759, 70, 804, 805, 806, 807, 808, 809, 810, 811, 76, 77, 78, 947, 88, 89, 656, 743, 94, 95, 96, 97, 98, 99, 734, 748, 749, 83, 935, 936, 972, 85, 25, 779, 780, 100, 102, 103, 105, 694, 699, 700, 701, 844, 702, 703, 727, 830, 861, 878, 944, 946, 948, 120, 22, 23, 121, 122, 123, 690, 871, 124, 125, 126, 842, 128, 129, 130, 131, 132, 127, 133, 134, 745, 135, 136, 137, 138, 139, 672, 825, 826, 140, 315, 644, 650, 676, 689, 692, 693, 665, 740, 886, 914, 142, 143, 144, 145, 146, 147, 149, 150, 151, 152, 153, 154, 155, 156, 157, 159, 158, 166, 167, 633, 795, 796, 707, 797, 798, 799, 168, 792, 169, 170, 171, 172, 674, 800, 117, 173, 160, 161, 162, 164, 165, 174, 793, 762, 593, 888, 761, 763, 764, 765, 766, 767, 21, 794, 801, 884, 916, 919, 920, 921, 922, 923, 924, 925,-666)
You searched for:
Keywords: Procedure before the Tribunal
Total judgments found: 191
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Judgment 1702
84th Session, 1998
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Neither of the parties informed the Tribunal of the FAO's decision of 19 June 1995 to recognise the complainant's illness as service-incurred." Having been accordingly unaware of that fact when it delivered Judgment 1486 on 1 February 1996, the Tribunal "regards that failure as a breach of the courtesy which the parties owed it."
Reference(s)
ILOAT Judgment(s): 1486
Keywords:
application for execution; case pending; decision; duty to inform; judgment of the tribunal; procedure before the tribunal; tribunal;
Judgment 1673
84th Session, 1998
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The duty to explain a decision or a conclusion "will be discharged even if the reasons are stated in some other text to which there is express or even implied reference, for example where a higher authority endorses the reasoning of a lower one or a recommendation by some advisory body."
Keywords:
advisory opinion; decision; duty to substantiate decision; grounds; motivation; motivation of final decision; procedure before the tribunal;
Judgment 1653
83rd Session, 1997
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
In accordance with Article VII(1) of the Tribunal's Statute, "where the Staff Regulations lay down a procedure for internal appeal it must be duly followed: there must be compliance not only with the set time limits but also with any rules of procedure in the Regulations or implementing rules."
Keywords:
complaint; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; procedure before the tribunal; purport; receivability of the complaint; staff regulations and rules; time limit;
Judgment 1646
83rd Session, 1997
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6 and 10
Extract:
"When an organisation chooses to hold a competition it must abide by its written rules and by the general principles set forth in the case law, particularly insofar as they govern the formal side of the process. [...] As the Appeal Board gathered from the personal records of the candidates on the preselection panel's list, [the successful candidate] had neither the university degree nor the experience that the notice required."
Keywords:
applicable law; appointment; candidate; case law; competition; criteria; degree; due process; international civil service principles; organisation's duties; patere legem; procedure before the tribunal; professional experience; selection procedure; staff regulations and rules; vacancy notice;
Consideration 11
Extract:
"The defendant contends on the strength of the complainant's personal file and his supervisors' reports on his conduct and performance that he was not up to the job anyway. That is neither here nor there. The Union has neglected the cardinal rule of any process of selection: the chosen candidate must have at least the qualifications stipulated in the notice."
Keywords:
appointment; candidate; competition; criteria; due process; organisation's duties; personal file; procedure before the tribunal; qualifications; vacancy notice;
Judgment 1610
82nd Session, 1997
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant "objects to breach of her right to be assisted or represented by counsel in the internal appeal proceedings. But she is mistaken. Staff Rule 29.2(d), on the procedure before the Appeals Board, says that 'the appellant may be represented or assisted by any member of the Secretariat'. In refusing the complainant's application the Secretary General was merely applying the rules, and there was no breach of due process since it was still open to her to seek help from a fellow staff member."
Reference(s)
Organization rules reference: CCC STAFF RULE 29.2(D)
Keywords:
counsel; due process; enforcement; internal appeal; official; procedure before the tribunal; staff regulations and rules;
Judgment 1541
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Refusal to answer an appeal is not obstruction: the litigant may still appeal to the Tribunal against the implied rejection. [...] Moreover, the President of the Office pleads the need to keep down the amount of internal litigation so as not to overload the administration with pointless work and expenditure. He has thereby assessed the Organisation's interests and made an exercise of discretion with which the Tribunal may not interfere in the circumstances of this case."
Keywords:
complaint; direct appeal to tribunal; discretion; executive head; failure to answer claim; iloat statute; implied decision; internal appeal; internal remedies exhausted; judicial review; organisation's duties; organisation's interest; procedure before the tribunal; right of appeal;
Judgment 1525
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Consulting an advisory board before the Director-General takes a decision not to extend an appointment "is no idle formality: it is supposed to afford a means of working out a fair solution. In this case it offered the hope of redeploying someone with a long record of service.Several judgments have stressed the importance of advisory boards: see for example Judgment 352 [...], under 5."
Reference(s)
ILOAT Judgment(s): 352
Keywords:
advisory body; advisory opinion; contract; decision; non-renewal of contract; organisation's interest; patere legem; procedure before the tribunal; purpose; staff member's interest;
Judgment 1522
81st Session, 1996
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"That he set out his pleas in a brief entered several months [after filing his complaint] after due extension of the time limit granted for the purpose, has no bearing on receivability. As was held in Judgment 1305 [...] under 16 - to which the Tribunal draws the organization's attention - the Registrar may as such take any action he sees fit to safeguard due process."
Reference(s)
ILOAT Judgment(s): 1305
Keywords:
case law; complaint; correction of complaint; formal requirements; iloat statute; new time limit; procedure before the tribunal; receivability of the complaint; submissions; tribunal;
Judgment 1518
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11-12
Extract:
The President's decision on the complainant's internal appeal was made on the strength of internal correspondence that the complainant had never seen and that the Appeals Committee had never considered. "That constituted a gross breach of due process." Because of the breach of Article 113(1) of the Staff Regulations on the procedure before the Appeals Committee the President's decision must be set aside.
Reference(s)
Organization rules reference: ARTICLE 113(1) OF EPO'S SERVICE REGULATIONS
Keywords:
breach; case sent back to organisation; consequence; decision; decision quashed; flaw; internal appeal; internal appeals body; procedural flaw; procedure before the tribunal; right to reply; staff regulations and rules;
Judgment 1516
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The complainant seeks "damages for the material and moral injury she has sustained on account of UNESCO's refusal to take up her claim. The Tribunal is satisfied on the evidence that the defendant has been guilty of wrongful dilatoriness and shifts of position. It will award her damages for moral injury on that count, and in the light of all the circumstances of the case it sets the amount ex aequo et bono at 5,000 dollars."
Keywords:
administrative delay; internal appeal; material damages; moral injury; procedure before the tribunal;
Judgment 1469
80th Session, 1996
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"To satisfy the requirement in Article VII(1) the complainant must not only follow the prescribed internal procedure for appeal, but follow it properly and in particular observe any time limit that may be set for the purpose for internal procedures."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
complaint; delay; iloat statute; internal appeal; internal remedies exhausted; procedure before the tribunal; receivability of the complaint;
Judgment 1429
79th Session, 1995
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
See Judgment 1244.
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
ILOAT Judgment(s): 1244
Keywords:
case law; complaint; iloat statute; internal appeal; internal remedies exhausted; interpretation; procedure before the tribunal; receivability of the complaint;
Judgment 1412
78th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant alleges that the procedure that led to his assignment on a career path was flawed inasmuch as the official who sign the decision, the Director-General, was also at the material time leader of the division that the complainant was working in. "It may be a pity that at two decisive stages in the procedure one and the same person was called upon to choose the complainant's career path; but the coincidence was due to a duplication of function which in itself was not wrong. Only if the Director-General's decision proved not to be impartial and objective would it be set aside."
Keywords:
assignment; bias; career; flaw; judicial review; procedure before the tribunal;
Consideration 12
Extract:
The complainant may not, "in the context of a challenge to the choice of career path, object to earlier delays which he believes held up his advancement. Nor has he any grounds for saying that putting him on path V may 'discourage' him: CERN's evident purpose in making such ambitious reforms is to act in the general interest and try to ensure equal treatment for all its staff."
Keywords:
assignment; career; delay; equal treatment; organisation's interest; procedure before the tribunal; promotion; staff member's interest;
Judgment 1404
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant appealed to the Headquarters Appeals Board before the Regional Board had issued its report. "The complainant's own behaviour affected the regional proceedings and made for delay in the Regional Board's report and recommendation to the Regional Director. Not to be ignored either is the effect of the change in membership, which fell within the time allotted for hearing the case. On the evidence the complainant has failed to show that the Board did not intend to report within a reasonable time."
Keywords:
amendment to the rules; composition of the internal appeals body; delay; internal appeal; internal appeals body; procedure before the tribunal; reasonable time; time limit;
Judgment 1399
78th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"CERN's refusal to produce minutes of meetings of the Joint Advisory Appeals Board in no way impaired [the complainant's] interests insofar as the hearings were recorded on tape to which [the organization] has expressly allowed him access from the outset. [...] Even though such practice is not in line with Regulation R VI 1.09 the omission is not in the circumstances a serious one."
Reference(s)
Organization rules reference: CERN REGULATION R VI 1.09
Keywords:
cause of action; consequence; flaw; internal appeal; internal appeals body; practice; procedure before the tribunal; staff regulations and rules;
Judgment 1390
78th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"As for the application for a stay of proceedings, Article 10(3) of the Rules says that 'the Tribunal [...] shall rule on an application by either party for a stay of proceedings'". The Tribunal holds that no stay of proceedings is warranted in this case. Whatever changes may be made in the procedure for filling vacant posts, the complaint must be reviewed in the light of the rules in force at the material time. Once the proceedings have begun, the Tribunal is bound to reach a decision as promptly as possible and will not stay the proceedings pending possible changes in the rules."
Reference(s)
ILOAT reference: ARTICLE 10(3) OF THE RULES
Keywords:
amendment to the rules; applicable law; closure of written proceedings; competition cancelled; iloat statute; order of suspension; procedure before the tribunal; refusal; staff regulations and rules; submissions;
Judgment 1374
77th Session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The PAHO's applying the wrong criteria to determine the 'priority groups' flaws the reduction-in-force procedure because it means that the staff whose posts had been abolished were not put in the order of priority prescribed in the manual for retention."
Keywords:
abolition of post; criteria; due process; enforcement; flaw; priority; procedure before the tribunal; staff reduction; staff regulations and rules;
Consideration 11
Extract:
"Even if the reduction-in-force procedure had been properly carried out the letters [which the PAHO sent the complainants] did not give valid notice of termination. They gave the complainants only just over one month's notice [...], not the three months to which they were entitled under Rule 1050.3. For that reason too the complainants' contracts must be deemed to have been extended by implication."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1050.3
Keywords:
contract; flaw; intervention; non-renewal of contract; notice; procedure before the tribunal; reinstatement; staff reduction; staff regulations and rules; time limit;
Consideration 6
Extract:
According to the case law (see Judgments 469 and 1045) the reduction-in-force procedure "must be followed before, not after, notice of termination is given. In line with the rules and the case law, therefore, the notices of termination served on the complainants [...] were premature and so unlawful and without effect. For that reason [...] their contracts must be deemed to have been extended by implication."
Reference(s)
ILOAT Judgment(s): 469, 1045
Keywords:
case law; contract; due process; flaw; non-renewal of contract; notice; procedure before the tribunal; reinstatement; staff reduction; staff regulations and rules;
Judgment 1372
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"As the Tribunal held in Judgments 1177 [...], under 5, and 1323 [...], under 9, an item that forms part of the proceedings that led to the impugned decision may not be withheld from scrutiny by the Tribunal. That holds good for any appellate body. So the administration ought to have disclosed to the Regional Board the documents it required to enable it to take up the complainant's appeal properly."
Reference(s)
ILOAT Judgment(s): 1177, 1323
Keywords:
case law; confidential evidence; disclosure of evidence; flaw; internal appeal; internal appeals body; judicial review; moral injury; procedure before the tribunal;
Judgment 1371
77th Session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The ad hoc reduction-in-force committee has discretion to consider a candidate well-suited for work in a particular group "on the strength of his actual qualifications and experience. In this case the committee failed to exercise such discretion and so the reduction-in-force procedure has not been duly completed. It must therefore be restarted."
Keywords:
advisory body; candidate; discretion; due process; flaw; procedure before the tribunal; professional category; staff reduction;
Judgment 1370
77th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"Judgment 1317 [...] brought out the need for a properly functioning internal appeal procedure, of which the Appeal Board is an essential part. In this case the Board took far too long to report and failed to perform its function properly. Although in the circumstances the shortcomings of the appeal procedure may not be deemed to constitute bad faith, the ITU was negligent and caused the complainant injury. On that account it must afford him redress."
Reference(s)
ILOAT Judgment(s): 1317
Keywords:
case law; compensation; delay; flaw; good faith; injury; internal appeal; internal appeals body; moral injury; negligence; organisation's duties; procedure before the tribunal; report; staff member's interest;
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