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 1369
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 30
Extract:
Ever since Eurocontrol signed an agreement with the union "the staff have had access through their representatives to the relevant information and have been able to look at proposals in close cooperation with management and in keeping with the procedure for consultation. The organisation was therefore not required to state again reasons which it had already revealed in the consultations."
Keywords:
collective bargaining; consultation; duty to inform; duty to substantiate decision; limits; procedure before the tribunal; staff union; staff union agreement;
Judgment 1365
77th Session, 1994
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The organization submits that there was no point in resuming the process of appointment as ordered in Judgment 1272. "But there the organization shows misunderstanding about the effect of a judgment. The quashing of [Mr. X's] appointment [...] being res judicata, it had a duty under the judgment to resume the process from the date of the unlawful appointment, regardless of the new situation arising from the expiry of [Mr. X's] appointment and his assignment to [another] post [...]. The complainants are therefore right in contending that the organization was at fault in refusing to carry out the process properly."
Reference(s)
ILOAT Judgment(s): 1272
Keywords:
application for execution; breach; consequence; execution of judgment; flaw; judgment of the tribunal; material damages; organisation's duties; procedure before the tribunal; res judicata;
Consideration 9
Extract:
The complainants seek the quashing of a decision in which the WTO refused to resume the appointment process as ordered in Judgment 1272. "Yet any satisfaction that the complainants might derive from resumption of the procedure would be merely formal [so] the Tribunal exercises the option that Article VIII of its Statute allows of not setting aside the [impugned] decisions."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
ILOAT Judgment(s): 1272
Keywords:
application for execution; breach; consequence; damages; execution of judgment; flaw; judgment of the tribunal; organisation's duties; procedure before the tribunal; res judicata;
Judgment 1363
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"Even if disciplinary proceedings have begun there can be no 'act adversely affecting' an employee within the meaning of Article 107 [of the Service Regulations] until the proceedings are over and there is a final decision by the competent authority. So the complainant's internal appeals were premature insofar as he lodged them before the President had taken his decision [...] on the Disciplinary Committee's report."
Reference(s)
Organization rules reference: ARTICLE 107 OF THE EPO SERVICE REGULATIONS
Keywords:
absence of final decision; advisory body; cause of action; disciplinary procedure; executive head; internal appeal; procedure before the tribunal; receivability of the complaint; report; staff regulations and rules;
Judgment 1359
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
One consistent requirement the regulations lay down for filling posts "is the appointment of a selection board that may consider all applicants [...] who qualify under one and the same notice of vacancy. As was said in Judgment 1223, that formal requirement affords every applicant a basic safeguard of open and objective decision-making, and it holds good whether the applicant wants promotion, transfer or a change of category."
Reference(s)
ILOAT Judgment(s): 1223
Keywords:
appointment; candidate; case law; competition; organisation's duties; procedure before the tribunal; promotion; safeguard; selection board; staff regulations and rules; transfer; vacancy notice;
Consideration 7
Extract:
"The complainant qualified under the wording of the notice and was entitled as a eurocontrol official to have his application considered and assessed by a process that complied with the rules. [...] It was not, and the breach of his rightful interest affords grounds for this complaint."
Keywords:
candidate; cause of action; competition; internal candidate; procedural flaw; procedure before the tribunal; receivability of the complaint; staff member's interest; staff regulations and rules; vacancy notice;
Judgment 1357
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The organisation is free to withdraw a notice of vacancy at any time, even when, as in this case, the process of selection has gone quite far. The conclusion is that the complainant's internal appeal disclosed no cause of action at the time of filing and that his complaint must fail for the same reason, there being no need to entertain his arguments on the merits."
Keywords:
competition; discretion; internal appeal; no cause of action; organisation's interest; post; procedure before the tribunal; receivability of the complaint; vacancy notice;
Judgment 1342
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The Organization decided not to extend the complainant's appointment. It submits that the project to which it assigned him was one of limited duration and that there was accordingly no need to apply the reduction-in-force procedure. "Here the project was not one of limited duration. First, the WHO has not produced any document which established the complainant's post or prescribed its duration. Moreover, even assuming that it might have begun as a post of limited duration, the several extensions of it show that it had become one of indefinite duration and the complainant was therefore entitled on the abolition of it to have the reduction-in-force procedure applied."
Keywords:
abolition of post; amendment to the rules; creation of post; due process; fixed-term; legitimate expectation; moral injury; permanent appointment; post; post held by the complainant; procedure before the tribunal; staff reduction;
Judgment 1331
76th Session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"On account of the undue delay in the selection process [i.e. some ten months between the issue of the vacancy notice and the meeting of the Selection Committee] the Tribunal awards the complainant damages for moral injury in a sum of 1,000 United States dollars."
Keywords:
administrative delay; competition; competition cancelled; delay; due process; moral injury; procedure before the tribunal; selection board; vacancy notice;
Judgment 1328
76th Session, 1994
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The Tribunal's rulings carry the authority of res judicata, save that in accordance with Article XII(1) of its Statute and the Annex thereto their validity may be challenged on referral by an organisation that has recognised its jurisdiction to the International Court of Justice on the grounds of lack of competence or a fundamental fault in the procedure followed."
Reference(s)
ILOAT reference: ARTICLE XII(1) OF THE STATUTE
Keywords:
advisory opinion of icj; application for execution; competence of tribunal; flaw; icj; iloat statute; judgment of the tribunal; procedure before the tribunal; res judicata;
Judgment 1305
76th Session, 1994
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"The Registrar's manifold responsibilities, which go far beyond the ambit of Article 7(4) [*] of the Rules of Court, include the general task of maintaining relations between the Tribunal and the parties and the just as important task of ensuring proper compilation of records on cases lodged with the Tribunal. In performing those tasks the Registrar is empowered ex officio to take any action he deems fit to safeguard due process."
*since 1 May 1994, Article 6(2) of the Tribunal's Rules
Reference(s)
ILOAT reference: ARTICLE 6(2) OF THE RULES
Keywords:
complaint; formal requirements; iloat statute; interpretation; procedure before the tribunal; receivability of the complaint; submissions; tribunal;
Consideration 17
Extract:
In the light of article 7(4) [*] of the Rules on the procedure for correcting a complaint, the Tribunal holds that "since those who fall within the Tribunal's jurisdiction live far and wide and are free to plead their own case, it is the Registrar's particular duty to see that complaints filed with the Tribunal are correctly presented and to offer a complainant such comment or advice as he thinks proper for the correction of the papers."
*since 1 May 1994, Article 6(2) of the Tribunal's Rules
Reference(s)
ILOAT reference: ARTICLE 7(4) OF THE RULES
Keywords:
complaint; correction of complaint; formal requirements; iloat statute; interpretation; procedure before the tribunal; receivability of the complaint; submissions; tribunal;
Judgment 1284
75th Session, 1993
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Precedent has it [...] that the Tribunal may not replace the Board's assessment of medical questions with its own. But it goes further than that: the Tribunal does have full competence to say whether there was due process and whether the medical findings show any material mistake or inconsistency, or overlook some essential fact, or plainly misread the evidence."
Keywords:
case law; discretion; disregard of essential fact; flaw; judicial review; limits; medical board; medical opinion; mistaken conclusion; procedural flaw; procedure before the tribunal; report;
Judgment 1249
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The organization decided not to extend the complainant's appointment on the grounds that the authorities of his country were unwilling to release him any longer. "The organization makes out that, having derived from his status as a 'seconded' official the privilege of being relieved of going through the usual competitive process, the complainant may not, according to the doctrine of estoppel, 'take advantage of a special situation in his favour and then later deny the validity of this in order to obtain some further advantage'. The simple answer to that is that the organization bypassed the usual procedure because of an understanding it had with [a Member State]. So it may not properly expect the complainant to suffer for its own failure to follow the usual procedure as laid down in its rules."
Keywords:
appointment; breach; competition; complainant; contract; decision; enforcement; fixed-term; general principle; good faith; non-renewal of contract; procedure before the tribunal; secondment; staff regulations and rules;
Judgment 1244
74th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The meaning of Article VII(1) of the Tribunal's Statute is, according to the case law, "that a complainant must not only have gone through any internal appeals procedure within his organisation but duly complied with the requirements of the rules on that procedure. Thus, if the internal appeal was irreceivable under those rules, the complaint to the Tribunal will also be irreceivable under Article VII(1)."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
case law; complaint; due process; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; procedure before the tribunal; receivability of the complaint; staff regulations and rules; tribunal;
Judgment 1221
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Since the three complaints before the Tribunal "are about the personal status of one official and the disputes arose out of the same facts, [the complainant's] application for joinder is allowed."
Keywords:
complainant; complaint; identical facts; joinder; procedure before the tribunal;
Judgment 1208
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant objected to the content of her performance appraisal and requested so-called conciliation proceedings under Section 331 of Annex E to the FAO Manual. The Tribunal holds that "the process of conciliation was not properly followed: if it had been, allegations of unsatisfactory conduct would have been distinguished from allegations of unsatisfactory service. That is a distinction that the Tribunal drew in an earlier case against the FAO [...]: see Judgment 247, under 12 and 13."
Reference(s)
Organization rules reference: SECTION 331, ANNEX E, FAO MANUAL
ILOAT Judgment(s): 247
Keywords:
conduct; due process; performance report; procedure before the tribunal; report; staff regulations and rules; unsatisfactory service; work appraisal;
Judgment 1200
73rd Session, 1992
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants dispute the amendment of a provision concerning pensionable remuneration in the Staff Regulations of the International Training Centre of the ILO at Turin. They allege that the impugned decision is unlawful because it was in breach of the duty to consult the Staff Relations Committee under Articles 0.3 and 10.2(a) of the Staff Regulations. The Tribunal observes that the principle embodied in these provisions is plain: cooperation between staff and management. The sequence of events shows that the organisation did not follow the prescribed procedure. The Tribunal holds that when the Centre wishes to amend its Staff Regulations "it is making a decision of its own and must abide by the rules of its own making. [...] its failure [to do so] in this instance was unlawful and has the effect of avoiding the new text of [the provision]. [...] Since the individual decisions under challenge rest on an improperly made amendment to the Staff Regulations they are unlawful."
Reference(s)
Organization rules reference: ARTICLES 0.3 AND 10.2 (A) OF THE ITC STAFF REGULATIONS
Keywords:
advisory body; amendment to the rules; consultation; due process; flaw; general principle; judicial review; patere legem; procedural flaw; procedure before the tribunal; staff regulations and rules;
Judgment 1193
73rd Session, 1992
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6 to 12
Extract:
Under PAHO Staff Rule 1040 a career appointment can only be terminated after completion of the reduction-in-force procedure. The complainant submits that the notice of termination he got was premature inasmuch as the PAHO had not properly applied the reduction-in-force procedure. The Tribunal observes that "the Organization made no genuine effort to carry out the procedure properly and thereby to give the complainant the protection of the Staff Rules he was entitled to under the provisions on abolition of post." The Tribunal holds that "where a post is abolished compliance with the reduction-in-force procedure is a condition precedent to termination of the holder's appointment. Not being the outcome of a valid procedure, the notice of termination given to the complainant [...] was also invalid."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1040
Keywords:
abolition of post; due process; notice; post; procedure before the tribunal; staff reduction; staff regulations and rules; termination of employment;
Judgment 1192
73rd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The complainants object to the delay in handling their case throughout, from the lodging of their appeals with the Regional Boards of Appeal until the case reached the Director-General. The Tribunal holds that the time the proceedings took, though long, did not amount to any wilful disregard of the complainants' rights but was accounted for by the large number of appeals and the complexity of the issues."
Keywords:
administrative delay; internal appeal; internal appeals body; procedure before the tribunal;
Judgment 1190
73rd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Under WHO Staff Rule 1230.4 an official who has appealed to the Appeals Board is entitled to challenge two of its members. One of the complainants exercised that right but had his challenge rejected. There was therefore a serious flaw in the internal appeal procedure. The material issue is whether the Director-General was entitled to treat the Board's report as being in line with the material rules. The report itself discloses that the rights of one of the complainants had been ignored. The Tribunal holds that "the Director-General has a duty to enforce the rules. He knew of the breach and should have rejected the report insofar as it concerned [the complainant] who objected to it as not being in accordance with those rules: he was not entitled to proceed as if no breach had occurred."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Organization rules reference: WHO STAFF RULE 1230.4
Keywords:
composition of the internal appeals body; due process; flaw; internal appeal; internal appeals body; procedure before the tribunal; recommendation; recusal; report; staff regulations and rules;
Judgment 1188
73rd Session, 1992
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
After the Director-General imposed a disciplinary sanction on the complainant he lodged an internal appeal. Rule 110.4.3 of the Staff Rules says that "the deliberations and reports of the Disciplinary Committee and its recommendations to the Director- General shall be confidential". The material issue is "whether the full text of the Disciplinary Committee's report, and not just the text of its recommendation, was disclosed to the Joint Appeals Committee. If it was, the Union should have let the complainant too have a copy and, failing that, there was a procedural flaw in that there was breach of his right of defence."
Reference(s)
Organization rules reference: UPU STAFF RULE 110.4.3
Keywords:
confidential evidence; disciplinary measure; disciplinary procedure; disclosure of evidence; further submissions; interlocutory order; internal appeal; internal appeals body; procedural flaw; procedure before the tribunal; recommendation; report; right to reply; staff regulations and rules;
Consideration 7
Extract:
"An item that formed part of the internal appeal proceedings should be at the Tribunal's disposal since it cannot otherwise appraise the background to the impugned decision and determine whether it shows any flaw. Further submissions are therefore required to complete the case records."
Keywords:
decision; disclosure of evidence; flaw; further submissions; interlocutory order; internal appeal; internal appeals body; procedure before the tribunal; recommendation; report;
Judgment 1172
73rd Session, 1992
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The complainant argues that the decision was ultra vires and, that being so, there is no time bar. He is mistaken. Lack of authority may be a reason for quashing a decision, but is not a reason for treating it as null and void. Provided that a text purports to be a decision, whoever may have taken it, it is challengeable in accordance with the set procedure."
Keywords:
competence; decision; decision-maker; procedure before the tribunal; time bar;
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