Oral proceedings (166, 167, 633, 795, 796, 707, 797, 798, 799,-666)
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Keywords: Oral proceedings
Total judgments found: 196
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Judgment 4447
133rd Session, 2022
International Olive Council
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the withdrawal of some of her functions, arguing that such removal amounted to de facto demotion.
Consideration 2
Extract:
In the complaint form, the complainant signifies that she wants oral proceedings under Article 12, paragraph 1, of the Tribunal’s Rules. The application is rejected as the Tribunal is satisfied that the detailed submissions and documents which the parties have provided are sufficient to permit it to resolve the issues in this case.
Keywords:
oral proceedings;
Judgment 4446
133rd Session, 2022
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the Human Resources Department’s decision to close her complaint reporting “[c]oncerns leading to [her] decision to not renew [her] contract” and bullying.
Consideration 1
Extract:
The complainant requests oral proceedings. Pursuant to Article V of the Statute of the Tribunal, “[t]he Tribunal, at its discretion, may decide or decline to hold oral proceedings, including upon request of a party”. In this case, the Tribunal finds the written submissions to be sufficient to reach a reasoned decision, thus there is no need for oral hearings.
Keywords:
oral proceedings;
Judgment 4435
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who is a former permanent employee of the European Patent Office, challenges the deductions from his remuneration that were made in respect of his absences for strike participation as well as the lawfulness of the general normative decisions on which those deductions were based.
Consideration 18
Extract:
A further issue raised by the complainant concerns the procedures adopted in the internal appeal proceedings. He argues that when he filed his appeals the governing procedural rules conferred a right to an oral hearing if requested. When the time came for the hearing, the procedural rules, so he argues, had been altered and deprived him of this right and the Appeals Committee acted as if this was so. These circumstances found a claim by the complainant for moral damages. But even if the complainant’s analysis is correct, having regard to the subject matter of the internal appeals and the issues they raised (almost entirely legal), it is difficult to see what prejudice the complainant suffered by being restricted to written submissions. Put slightly differently, a complainant must establish the foundation for the award of moral damages (see Judgments 4231, consideration 15, and 4147, consideration 13). As the complainant has singularly failed to do so in this case, his claim for moral damages on this basis will be dismissed.
Reference(s)
ILOAT Judgment(s): 4147, 4231
Keywords:
internal procedure; moral injury; oral proceedings;
Judgment 4427
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to maintain his transfer to a patent examiner post.
Consideration 1
Extract:
The complainant signifies in the complaint form that he wants a hearing under Article 12, paragraph 1, of the Tribunal’s Rules. The request is rejected as the Tribunal is sufficiently informed of all aspects of the case to consider it fully on the material which the parties provide.
Keywords:
oral proceedings;
Judgment 4425
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject her request for reimbursement of the cost of her spa cure as a type A cure undergone for “absolute medical necessity”.
Consideration 1
Extract:
The complainant signifies in the complaint form that she wants a hearing under Article 12, paragraph 1, of the Tribunal’s Rules and that she wishes to call the EPO’s Medical Adviser as well as the former Principal Director of Human Resources to address the reasons that were given for the rejection of her request for reimbursement of the cost of the spa cure which she underwent. In her complaint she states that she believes that, given the unclear reasons the Office provided for the original decision to reject her request for the spa cure, particularly elements surrounding the “management instruction” to the Medical Adviser, an oral hearing would enable the truth to emerge. Inasmuch, however, as the facts of the case are not disputed, the request for an oral hearing is rejected.
Keywords:
oral proceedings;
Judgment 4424
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the outcome of his appeals concerning absences and reduced working hours for medical reasons.
Consideration 1
Extract:
The complainant requests oral proceedings. As the Tribunal is sufficiently informed on all aspects of the case to consider it fully on the written submissions and documents which the parties have provided, the request for oral proceedings is rejected.
Keywords:
oral proceedings;
Judgment 4422
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants are former permanent employees of the European Patent Office who challenge their January 2014 and subsequent payslips showing an increase in their pension contributions.
Consideration 11
Extract:
The complainants’ requests for oral proceedings are rejected. Contrary to what is argued, the right to an oral hearing is not absolute and a tribunal may dispense with it if the facts of the case are such that it is legitimate not to conduct such a hearing. The Tribunal finds it unnecessary to call the member of the Actuarial Advisory Group to give evidence concerning what Mr T. refers to as “politically defined boundary conditions” and to confirm Mr K.’s mathematical calculation. The complainants’ submission that the Tribunal should conduct an oral hearing and hear the witness as there was no oral hearing in the internal appeal procedures is untenable. This is particularly because, under Article 8 of the Implementing Rules for Articles 106 to 113 of the Service Regulations, a hearing in the internal appeal procedure is not mandatory and the Appeals Committee may decide to hold such a hearing where the written documentation is not sufficient or where a hearing might be decisive in forming an opinion. In any event, the written submissions and supporting documents provided by the parties to the Tribunal are sufficiently detailed to permit it to consider the complainants’ cases fully and to make an informed decision on the issues raised in these complaints.
Keywords:
oral proceedings;
Judgment 4417
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests instructions she received concerning patent applications.
Consideration 5
Extract:
The complainant’s request for oral proceedings is rejected as the Tribunal is sufficiently informed of all aspects of the case to consider it fully on the material which the parties provide.
Keywords:
oral proceedings;
Judgment 4400
131st Session, 2021
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the International Labour Office, impugns the decisions of the Director-General to issue a reprimand against him, to revoke his appointment as a Director, to appoint another person to that post and, finally, to discharge him with notice.
Consideration 9
Extract:
In his first complaint, the complainant requested the convening of a hearing and, in particular, the hearing of witnesses. Given that, as has just been stated, there is no need to rule on that complaint, this request – which is not repeated in the second complaint – has itself become moot. Furthermore, in view of the abundance and high degree of clarity of the submissions and evidence produced by the parties, the Tribunal considers that it is fully informed about the case and does not therefore deem it necessary to order hearings.
Keywords:
oral proceedings;
Judgment 4397
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to transfer her.
Consideration 6
Extract:
The complainant requests an oral hearing on the ground that “all of the facts relevant to a just settlement of the case cannot be clarified in a satisfactory manner by means of the written procedure”. The request is rejected as the Tribunal considers that the materials which the parties have provided are sufficient to enable it to render an informed decision on the case.
Keywords:
oral proceedings;
Judgment 4396
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to reimburse him the notary fees which he incurred for the certification of his signature on the annual declaration required for recipients of an invalidity allowance.
Consideration 2
Extract:
The complainant’s request for oral proceedings is […] rejected, as the Tribunal is sufficiently informed of all aspects of the case to consider it fully on the written submissions and documents which the parties have provided.
Keywords:
oral proceedings;
Judgment 4394
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision deriving from the Administrative Council’s decision CA/D 2/15 to require the recipients of the new retirement pension for health reasons to cease performing gainful activities or employment or to refrain from performing such activities or employment.
Consideration 3
Extract:
Two of the complainants have requested hearings. However, the requests are rejected as the parties have expressed their positions in sufficient detail in their written submissions and supporting documents to permit the Tribunal to make an informed decision.
Keywords:
oral proceedings;
Judgment 4392
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to withdraw the disciplinary sanction of reprimand and remove it from her personal file.
Consideration 2
Extract:
The complainant’s request for oral proceedings will [...] be rejected as the Tribunal is sufficiently informed of all aspects of the case to consider it fully on the material which the parties have provided.
Keywords:
oral proceedings;
Judgment 4383
131st Session, 2021
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to impose on her a performance improvement plan (PIP).
Consideration 2
Extract:
The complainant requests oral proceedings in this case. Oral proceedings will not be ordered inasmuch as the Tribunal is sufficiently informed of all aspects of the case to consider it fully on the voluminous materials and detailed submissions which the parties provide in these proceedings.
Keywords:
oral proceedings;
Judgment 4382
131st Session, 2021
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Secretary General’s decisions to set aside her 2016 performance appraisal only on the basis that it was procedurally flawed, and to insert in her personnel file the impugned decision and the report of the Appeals Commission.
Consideration 2
Extract:
On the complaint form, the complainant ticked the box which indicates that she wants oral proceedings, as well as the other one which indicates that she does not. Oral proceedings will not be ordered inasmuch as the Tribunal is sufficiently informed of all aspects of the case to consider it fully on the material which the parties provide in the present proceedings.
Keywords:
oral proceedings;
Judgment 4368
131st Session, 2021
International Olive Council
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the cancellation of a competition procedure in which she participated.
Consideration 2
Extract:
The complainant has requested that oral proceedings be held, including, in particular, the hearing of a witness. However, in view of the abundance and high degree of clarity of the submissions and evidence produced by the parties, the Tribunal considers that it is fully informed about the case and does not therefore deem it necessary to grant this request.
Keywords:
oral proceedings;
Judgment 4316
130th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the introduction of fixed “bridging days” to balance the number of public holidays at the different places of employment.
Consideration 9
Extract:
The Tribunal finds the written submissions to be sufficient to reach a reasoned decision and therefore there is no need for oral hearings.
Keywords:
oral proceedings;
Judgment 4305
130th Session, 2020
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment due to the abolition of his post and the failure to reassign him to another suitable vacant position.
Consideration 2
Extract:
The complainant requests an oral hearing. However, the Tribunal considers that it is sufficiently well informed about the case by the evidence in the file and does not therefore deem it necessary to hold such a hearing.
Keywords:
oral proceedings;
Judgment 4291
130th Session, 2020
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the dismissal of his complaint of harassment and abuse of authority.
Consideration 8
Extract:
In his complaint form, the complainant requested an oral hearing, identifying himself and the Director General as witnesses to be called. In his rejoinder he added the former Director General, the Director of Human Resources, and the complainant’s supervisor [...] to his list of requested witnesses. The basis for his request is an alleged “lack of clarity about the denials” by the organization regarding his allegations of harassment. As the parties have presented ample submissions and documents to permit the Tribunal to reach an informed and just decision on the case, there is no need for an oral hearing. The request for an oral hearing is, therefore, rejected.
Keywords:
oral proceedings;
Consideration 15
Extract:
The complainant asks for oral hearings because he finds the organization’s denials of his allegations to be insufficient. However, the burden of proof rests on him and he has not discharged it. [...] It is for the complainant to adduce evidence of his allegations, and in the absence of such evidence, all such allegations should be rejected (see Judgment 28 at paragraph 4 of Section A).
Reference(s)
ILOAT Judgment(s): 28
Keywords:
burden of proof; oral proceedings;
Judgment 4288
130th Session, 2020
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to reject his allegations of harassment.
Consideration 1
Extract:
On his complaint form, the complainant requests oral proceedings. However, as the written submissions are sufficient for the Tribunal to reach a reasoned decision, the Tribunal sees no need for oral proceedings. That request is thus denied.
Keywords:
oral proceedings;
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