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 3439
119th Session, 2015
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the decision to terminate his appointment after the abolition of his post, as the Tribunal found that, due to the Organisation's failings, he had lost a valuable opportunity to be reassigned to another post.
Consideration 12
Extract:
"The complainant [...] requests an oral hearing. The Tribunal is satisfied having regard to the pleas and the documentary evidence, sufficient material is available to fairly and appropriately adjudicate on the complainant’s claims."
Keywords:
oral proceedings;
Judgment 3435
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the complaints were irreceivable for failure to exhaust internal means of redress.
Consideration 3
Extract:
"The complainants request oral hearings. It is consistent case law that the Tribunal shall not order oral proceedings for cases in which the written submissions are sufficient for rendering an informed decision. The complainants raise no issue that would justify the Tribunal departing from its consistent practice not to grant an oral hearing in cases which turn essentially on questions of law (see Judgment 1241, under 2, and Judgment 2264, under 4, recently confirmed in Judgment 3059, under 9)."
Reference(s)
ILOAT Judgment(s): 1241, 2264, 3059
Keywords:
oral proceedings;
Judgment 3429
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismissed the complaint but awarded damages to the complainant because of the delay in the appeals procedure.
Consideration 3
Extract:
"The complainant offers no justification for his application for oral proceedings. The Tribunal, having examined the written submissions and their annexes, finds that they are sufficient to make an informed decision. Considering this, and in accordance with consistent case law, the Tribunal disallows the complainant’s application."
Keywords:
oral proceedings;
Judgment 3428
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants unsuccessfully challenge decisions that were not followed by individual implementing decisions.
Consideration 6
Extract:
Almost all the complainants have asked for the convening of a 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 3427
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants unsuccessfully challenge a series of decisions concerning pension issues, those being decisions of general application.
Consideration 37
Extract:
The parties’ briefs reflect the enormous interest in the subject matter of the complaints and the upheaval surrounding the introduction of the NPS. However, despite the complexity of the case, the parties have had ample opportunity to state their respective cases and to respond to the arguments of the opposing party. Given that the complaints largely turn on questions of law that have been fully addressed in the pleadings, and that the complainants have not identified any additional evidence or witnesses that could assist in the resolution of the issues, the request for oral hearings is rejected.
Keywords:
oral proceedings;
Judgment 3419
119th Session, 2015
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the complainant was entitled to moral damages for identified errors of the Administration.
Consideration 5
Extract:
In his request for oral proceedings, the complainant wishes his representative to make oral arguments to support his complaint and to question witnesses. However, he named no witnesses, but states that he reserves the right to name specified witnesses later depending on the Administration’s reply. By the close of the pleadings he had named no witnesses. Neither did WIPO name any witnesses. The Tribunal will not therefore order oral proceedings.
Keywords:
oral proceedings;
Judgment 3405
119th Session, 2015
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants unsuccessfully challenge the implied decision to reject their claims relating to tax relief for dependant children (for irreceivability).
Consideration 12
Extract:
The complainants request the holding of an oral hearing.
In view of the 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 3370
118th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who performed duties at a higher level than his grade, impugns the decision not to grant him a promotion and acting allowance, and partially succeeds on the basis that the Organisation breached its duty of care.
Consideration 16
Extract:
"The complainant requested a hearing at which he would call evidence designed to establish that he performed work at an A-grade level. In view of the approach taken by the Tribunal to his pleas, such evidence would not have assisted the Tribunal in its deliberations. Accordingly this request is refused."
Keywords:
oral proceedings;
Judgment 3363
118th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to forward to the President his appeal filed with the Administrative Council.
Consideration 2
Extract:
"Since the complainant has presented his case extensively in his written submissions, the Tribunal sees no need to order oral proceedings. The complainant’s request for oral proceedings is therefore rejected."
Keywords:
oral proceedings;
Judgment 3353
118th Session, 2014
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the non-renewal of their contracts following a restructuring process and obtain moral damages for the serious affront to their dignity and the failure to give reasonable notice.
Consideration 7
Extract:
"The Tribunal is satisfied that it is not necessary to hear the evidence from the complainants’ witnesses in order to determine the complaints in a way that provides a fair assessment of the complainants’ cases."
Keywords:
oral proceedings;
Judgment 3352
118th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the result of the evaluation of their job grade.
Consideration 4
Extract:
"The complainants 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. Their request for oral proceedings is therefore rejected."
Keywords:
oral proceedings;
Judgment 3341
118th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants, acting as successive Chairmen of the Central Staff Committee (CSC), impugn the President’s decision not to submit to the Administrative Council a CSC document regarding the protection of human rights within the Office.
Consideration 4
Extract:
"The complainants request oral hearings on several grounds, but the Tribunal confines itself to noting that the written submissions are sufficient to render a reasoned judgment and the complainants raise “no issue that would justify the Tribunal departing from its consistent practice not to grant an oral hearing in cases which turn essentially on questions of law” (see Judgment 3059, under 9). Their request is therefore denied."
Reference(s)
ILOAT Judgment(s): 3059
Keywords:
oral proceedings;
Judgment 3146
113th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Since the complainant has presented his case extensively in his written submissions, and, as will appear, it turns on a preliminary question of law, the Tribunal sees no need to order hearings. The complainant’s request for oral hearings is therefore rejected.
Keywords:
oral proceedings;
Judgment 3141
113th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
The complainant has requested the convening of a hearing and, in particular, 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 3136
113th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
[T]he complainant applies for an oral hearing for the purpose of clarifying his case. However, he has not identified any evidence he wishes to adduce or any clarification that he cannot make equally well in his written pleadings. Further, as these complaints largely address questions of law an oral hearing will not be ordered.
Keywords:
oral proceedings;
Judgment 3135
113th Session, 2012
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant has applied for hearings. In view of the abundant and very 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 application.
Keywords:
oral proceedings;
Judgment 3134
113th Session, 2012
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
[T]he complainant has applied for a hearing, under Article 12 of the Rules, to confirm his version of the facts surrounding the decision to pay him a withdrawal settlement. However, having regard to the highly explicit character of the written submissions, and the information provided in the documents produced by the parties, the Tribunal considers that it is fully informed on this matter and that it is therefore unnecessary to allow the application.
Keywords:
oral proceedings;
Judgment 3132
113th Session, 2012
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Since the case concerns only a question of law, the Tribunal sees no need to order hearings. The complainant's application for hearings is therefore rejected.
Keywords:
oral proceedings;
Judgment 3107
113th Session, 2012
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The application for an oral hearing is refused. The facts are not in dispute and the legal issues are comprehensively exposed in the pleadings.
Keywords:
oral proceedings;
Judgment 3065
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7-8
Extract:
The Tribunal notes that the evidence does not show that the complainant could have attended the witnesses' interviews, or that she was offered an opportunity to comment on their testimony, in order to have certain items of information rectified where necessary, or to have it put on record that she disagreed with witnesses. The Tribunal considers that even if, in the instant case, the investigator could not invite the complainant to attend all the interviews, she ought to have been allowed to see the testimony in order that she might challenge it, if necessary, by furnishing evidence. Since this was not the case, the Tribunal finds that the adversarial principle was not respected. It follows from the foregoing [...] that the [impugned] decision [...], which thus rested on a flawed investigation report, must be set aside.
Keywords:
adversarial proceedings; breach; consequence; duty to inform; elements; evidence; flaw; harassment; inquiry; investigation; mistake of fact; oral proceedings; organisation's duties; procedural flaw; report; right to be heard; testimony;
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