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 3780
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint deals with the complainant’s daughter’s affiliation to a Dutch health insurance scheme.
Consideration 3
Extract:
In his rejoinder, the complainant addressed the question of whether there should be an oral hearing arguing that to deny him an oral hearing would be to deny him due process. The Tribunal does not accept this argument. Quite plainly the powers conferred on the Tribunal by Article V of its Statute include the power to decide or decline to hold oral proceedings.
Reference(s)
ILOAT reference: Article V of the Statute
Keywords:
oral proceedings;
Judgment 3779
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss his claim to reimbursement of travel expenses and other related costs.
Consideration 3
Extract:
[T]he complainant addressed the question of whether there should be an oral hearing arguing that to deny him an oral hearing would be to deny him due process. The Tribunal does not accept this argument. Quite plainly the powers conferred on the Tribunal by Article V of its Statute include the power to decide or decline to hold oral proceedings.
Keywords:
oral proceedings;
Judgment 3772
123rd Session, 2017
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to award him a contract without limit of time.
Consideration 2
Extract:
The complainant has applied for oral proceedings, but in view of the explicit briefs and documents submitted by the parties, the Tribunal considers that it has received sufficient information and such proceedings are hence unnecessary.
Keywords:
oral proceedings;
Judgment 3761
123rd Session, 2017
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge a circular that implements amendments to the Rules of the Medical Benefits Fund.
Consideration 1
Extract:
The complainants seek an oral hearing but the Tribunal is satisfied that the parties’ briefs and the evidence they have produced are sufficient to enable the Tribunal to reach an informed decision. Accordingly, the complainants’ application for oral hearings is rejected.
Keywords:
oral proceedings;
Judgment 3756
123rd Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former WHO staff member, challenges the decision to abolish his post and terminate his fixed-term appointment.
Consideration 18
Extract:
The complainant sought an oral hearing. However the Tribunal is satisfied that the complaint can fairly and adequately be dealt with on the written material provided by the parties.
Keywords:
oral proceedings;
Judgment 3732
123rd Session, 2017
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss his allegations of harassment and abuse of authority as unfounded.
Consideration 1
Extract:
As the written submissions are sufficient to allow the Tribunal to render an informed decision, the Tribunal rejects the request for an oral hearing.
Keywords:
oral proceedings;
Judgment 3727
123rd Session, 2017
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, whose post was abolished following a restructuring exercise, challenges the new final decision taken by the Secretary General pursuant to Judgment 3208.
Consideration 18
Extract:
The Tribunal is satisfied that the complaint can be fairly and appropriately determined by reference to the written material filed by the parties. Accordingly, no order is made for an oral hearing.
Keywords:
oral proceedings;
Judgment 3697
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to reject his internal appeal against the written notification issued to him by his Director in the context of the performance appraisal process.
Consideration 4
Extract:
The complainant has applied for oral proceedings but has given no justification for his application and, in fact, does not even mention it in his complaint brief. As the facts are fully documented and uncontested and the case turns on a question of law, the application for oral proceedings is rejected.
Keywords:
oral proceedings;
Judgment 3694
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject his appeal against the new Internal Instructions on the patent granting procedure, contending inter alia that the Appeals Committee was improperly composed.
Consideration 2
Extract:
As to the complainant’s request for oral proceedings, the Tribunal notes that the parties have presented their case extensively and comprehensively in their written submissions, which are sufficient to enable the Tribunal to reach a reasoned and informed decision on the only issue that must be determined at this stage. The request for oral proceedings is therefore rejected.
Keywords:
oral proceedings;
Judgment 3693
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the EPO’s implied rejection of his internal appeals against the decision not to grant him the expatriation allowance retroactively and the decision to cease paying him the allowance.
Consideration 11
Extract:
In his complaint, the complainant did not request an oral hearing. This, he said, was because the issues in the case are so straightforward and he considers that the Tribunal has quite enough information to determine them. However, he reserved the right to reconsider this after he read the EPO’s reply. In his rejoinder, he requests an oral hearing at which his legal counsel may address the Tribunal on the issues raised in the complaint and at which he (the complainant) would be available to answer any questions which the Tribunal has. It is determined that an oral hearing is unnecessary given the parties’ detailed and ample pleadings and written submissions, the information and many documents which they have provided and the fact that the IAC’s fact finding was thoroughly conducted. Moreover, the parties subsequently made ample submissions and presented further information and documents addressing the IAC’s opinion and the impugned decision.
Keywords:
oral proceedings;
Judgment 3688
122nd Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to abolish her post and to separate her from service.
Consideration 2
Extract:
The complainant requests an oral hearing under Article 12, paragraph 1, of the Tribunal’s Rules. This Article provides that a party that so applies shall identify any witness whom that party wants the Tribunal to hear and the issues that the witness is to address. The complainant states that she herself wishes to be heard in relation to all issues raised in the complaint, and any other witnesses identified after reviewing WHO’s reply and surrejoinder. She has provided two witness statements as Annexes to her rejoinder, which cannot assist with resolving any of the issues raised in the present complaint. The complainant had initially requested a hearing before the HBA, but subsequently decided to forego it and requested that her internal appeal be examined in camera based on the written pleadings and documents. The Tribunal determines that it is unnecessary to have an oral hearing in the terms of the complainant’s request given the detailed nature of the evidence, including documents, which she has provided. Accordingly, an oral hearing will not be ordered.
Reference(s)
ILOAT reference: Article 12, paragraph 1, of the Rules
Keywords:
oral proceedings;
Judgment 3679
122nd Session, 2016
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to renew his contract.
Consideration 9
Extract:
The complainant seeks a hearing under Article 12, paragraph 1, of the Tribunal’s Rules. This Article provides that a party that so applies shall identify any witness whom that party wants the Tribunal to hear and the issue that the witness is to address. The complainant states that he wishes to call his colleague, Mr A.M., to give evidence on the circumstances at the workplace. However, the reports and documents which have been provided by the parties in these proceedings fully detail those circumstances. They include the oral evidence which the complainant, Mr A.M. and others gave during the JAAB’s proceedings concerning those circumstances. It is therefore determined that it is unnecessary to order a hearing.
Reference(s)
ILOAT reference: Article 12, paragraph 1, of the Rules
Keywords:
oral proceedings;
Judgment 3640
122nd Session, 2016
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the disciplinary measure of his summary dismissal in the wake of a sexual harassment complaint filed against him by one of his colleagues.
Consideration 2
Extract:
The complainant has requested an oral hearing. In view of the abundant and sufficiently clear 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 3638
122nd Session, 2016
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns UNESCO’s implied rejection of his claim for reimbursement at the rate of 100 per cent of medical expenses related to a service-incurred injury.
Consideration 3
Extract:
The complainant has applied for oral proceedings but has given no justification for his application and, in fact, does not even mention it in his complaint brief. As the facts are fully documented and uncontested and the written submissions are sufficient to enable the Tribunal to make an informed decision, the application for oral proceedings is rejected.
Keywords:
oral proceedings;
Judgment 3578
121st Session, 2016
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to summarily dismiss him for serious misconduct.
Consideration 5
Extract:
"The complainant sought a hearing and nominated three individuals who would give evidence. One witness’s evidence concerned the issues arising in appeal CAP/366 and would be irrelevant as this aspect of the complaint is time-barred. The evidence of the other two is unnecessary and the Tribunal is satisfied it has adequate material in the pleas and documentary evidence to deal with the complaint in a fair and balanced way."
Keywords:
oral proceedings;
Judgment 3561
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks a review of Judgment 3141 on the basis that a new fact has allegedly come to light.
Consideration 2
Extract:
"The complainant has requested oral proceedings and, if necessary, the hearing of witnesses. In view of the abundant and sufficiently clear 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 3509
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the EPO’s refusal to send his mail to an address, which is not the declared residence address in his last retirement questionnaire.
Consideration 2
Extract:
"The complainant has applied for oral proceedings, but has given no justification for his application and, in fact, does not even mention it in his complaint brief. As the facts are fully documented and uncontested and the case turns on a question of law, the application for oral proceedings is rejected (see, for example, Judgment 3058, under 2)."
Reference(s)
ILOAT Judgment(s): 3058
Keywords:
oral proceedings;
Judgment 3508
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the EPO’s alleged failure to take an express decision on his claim for the reimbursement of the travel expenses that he incurred in respect of his children upon leaving the service of the EPO.
Consideration 4
Extract:
"The complainant indicates that he wishes to have oral proceedings. He named no witness. In any event, the Tribunal will not order oral proceedings as no purpose will be served by calling any witnesses in this case, which now turns upon the application of the legal principles that are concerned with the issues of moral damages and costs (see, for example, Judgments 3059, under 9, and 3419, under 5)."
Reference(s)
ILOAT Judgment(s): 3059, 3419
Keywords:
oral proceedings;
Judgment 3507
120th Session, 2015
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant requests the payment of various sums in consequence of the decision to grant her a permanent disability benefit.
Consideration 2
Extract:
"The complainant has requested oral proceedings. In view of the abundant and sufficiently clear submissions and evidence produced by the parties, the Tribunal considers that it is fully informed about the aspects of the case that are relevant to the outcome of the dispute and does not therefore deem it necessary to grant this request."
Keywords:
oral proceedings;
Judgment 3487
120th Session, 2015
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to allow a “Note for the File” to remain on his personal file.
Consideration 2
Extract:
"The complainant has also requested oral proceedings. He says that he wishes to give evidence on his own behalf. Having regard to his pleas and the evidence he has given in the materials that he has provided, the Tribunal finds it is unnecessary for him to give evidence in oral hearings. He also asks to call the colleague whom he said that he wished to represent him in his internal appeal. This is however unnecessary as there is no merit in the complainant’s contention that the WTO refused to permit that colleague to represent him in his internal appeal out of bias and in violation of his right of defence and to choose his own legal representation. The complainant states in his rejoinder that the colleague was prohibited from assisting “any staff member without the prior authorization of the [Director-General]”. There is no evidence that such authorization was either sought or refused. The complainant states that he would welcome the opportunity to cross-examine his Director who had the Note placed on his file because of an alleged vendetta and threats against him, which he asserts she made good by having the Note placed on his file. The Tribunal finds this unnecessary and confines itself to noting that the written submissions are sufficient to render a reasoned judgment. The application for oral proceedings is therefore denied."
Keywords:
oral proceedings;
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