Lack of injury (47,-666)
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Keywords: Lack of injury
Total judgments found: 85
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Judgment 1018
69th Session, 1990
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"It is the duty of the head of any international organisation to take whatever measures can reduce tensions among his staff, bring about good working relations and improve efficiency. that is one of the factors he may take into account when considering transfers, and the Tribunal will be slow to interfere with such exercise of his discretion especially if, as is the case here, the transfer causes no injury to the employee transferred."
Keywords:
discretion; judicial review; lack of injury; organisation's interest; transfer; working relations;
Judgment 1003
68th Session, 1990
African Training and Research Centre in Administration for Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Before the complaint was filed the Organisation went back on its decision to dismiss him and replaced it by a reprimand. Since the decision "has been withdrawn and has had no effect on his career there is no cause of action and his complaint is irreceivable."
Reference(s)
ILOAT Judgment(s): 792
Keywords:
cause of action; lack of injury; no cause of action; receivability of the complaint; settlement out of court; termination of employment;
Judgment 958
66th Session, 1989
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"Unless there is express derogation the rule is that the organisation need not, if that is not its practice, state the reasons for all its decisions: what matters is that the absence of a statement should not be to the staff member's detriment."
Keywords:
appointment; candidate; duty to substantiate decision; injury; lack of injury; selection board;
Judgment 933
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant seeks to have papers concerning his removal expenses returned to him. The Tribunal holds that the complainant's claim is trivial and he has failed to give evidence of injury suffered from not having the originals.
Keywords:
cause of action; complainant; disclosure of evidence; lack of injury; removal expenses; request by a party;
Judgment 917
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainant has failed, however, to identify any decision of the organization's which in her submission constitutes breach of the terms of her appointment or of the FAO Regulations or Rules and which causes her injury. The Tribunal will therefore not entertain her claims under that head."
Keywords:
cause of action; claim; complaint; lack of injury;
Judgment 890
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's appointment was confirmed only after an extension of his probation. Because he was not notified in time of the decision to extend the probationary period, the complainant seeks to have it set aside. "Where it finds a formal flaw, the Tribunal will determine whether it taints the essence of the decision. [...] Late communication therefore will not make the decision unlawful unless the probationer suffers injury. The complainant did not."
Keywords:
administrative delay; date; extension of contract; flaw; formal flaw; injury; lack of injury; probation report; probationary period; right to reply;
Judgment 806
61st Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"The procedural flaw the complainant alleges is that the EPO will fully let the appeal proceedings drag on so as to thwart his hopes of promotion. The plea fails. The EPO may not be taken to task for awaiting the Tribunal's ruling on the earlier complaint." In addition the EPO resorted to an extraordinary procedure so that his promotion could be awarded.
Keywords:
administrative delay; consequence; lack of injury; performance report; procedural flaw; procedure before the tribunal; promotion; rebuttal;
Judgment 764
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"A decision by an international organisation is challengeable before the Tribunal only if it causes the complainant injury. One that has no effect on his position is not, for example an act which is not operative but a mere declaration of intent."
Keywords:
cause of action; complaint; injury; lack of injury; no cause of action; receivability of the complaint; statement of intent;
Judgment 684
57th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant asks the Tribunal to declare that a staff report on his performance is contrary to certain rules and not objective. The Tribunal dismisses the complaint inasmuch as no injury resulted from the acts which the complainant puts forward and he is no longer in the employ of the organisation.
Reference(s)
ILOAT Judgment(s): 637, 638, 639
Keywords:
cause of action; lack of injury; no cause of action; performance report; separation from service;
Judgment 611
53rd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
There is no need to determine whether the refusal to allow the complainant to file a second rejoinder during the internal proceedings violated his right to a fair hearing. "Any defect there was must be deemed to have been removed by the present proceedings before the Tribunal. [...] Since the complainant is free to comment on any such issue before the Tribunal he has had sufficient opportunity to put his case properly, even if the Appeals Board did not fully respect his rights as a party."
Keywords:
flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;
Judgment 494
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
"There is no indication in the dossier that if the proper procedure had been observed before termination the complainant would have made use of it to change her attitude; and she has in fact declined reinstatement. She has not therefore shown any financial loss that she would not have incurred anyway. "It may well be that, as she alleges, 'because of the abrupt manner in which she was terminated, there has been speculation that she was engaged in some wrong doing.' She is entitled to a sum sufficient to mark the fact that her dismissal was illegal."
Keywords:
flaw; lack of injury; material injury; moral injury; offer; procedural flaw; refusal; reinstatement; termination of employment; transfer;
Judgment 487
48th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The organization's medical officer [...] who examined the complainant [...] delayed [...] reporting in writing to the personnel office and it is true that the administrative process is open to criticism on that account, even supposing that because of doubts over the case he decided [...] to telephone [...] the complainant's own doctor [...]. But the administrative delay does not in itself constitute a flaw which warrants quashing the decision."
Keywords:
administrative delay; flaw; lack of injury; medical consultant; medical opinion;
Judgment 483
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The internal appeals body did not respect the complainant's right to a hearing. In this case "not only has the complainant had every opportunity to state her case in these proceedings but the Tribunal will decide proprio motu the points on which the Appeals Committee heard evidence from the officials [without the parties' knowledge]. The flaw in the appeal proceedings is therefore of no consequence and is to be regarded as corrected by the present proceedings.
Keywords:
disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;
Judgment 476
47th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The right to a hearing includes the opportunity to take part in the deposition of evidence. "The Appeals Committee ought to have summoned the complainant and a representative of the organization to attend when the expert witness gave evidence. [...] This flaw in the internal appeal proceeding had no effect, however." The expert witness expressed views solely on the nature of the complainant's former and new posts. This is a point which has been fully elucidated in the proceedings before the Tribunal. Neither the statements of the expert witness nor the conclusions of the Committee can therefore have any effect on the Tribunal's decision.
Keywords:
adversarial proceedings; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;
Consideration 12
Extract:
"It is true that the transfer must have aroused doubts about [the complainant's] abilities in the minds of those who had dealings with him. But that was because of the nature of the decision, not because of the behaviour of [the organization's] officials. His supervisors could not have avoided making his transfer public. But the words they used do not seem to be open to serious criticism. In particular one official, while expressing the hope that the change would serve the [organization's] interests, described the work done by the complainant as excellent." No compensation.
Keywords:
lack of injury; professional injury; transfer;
Judgment 466
47th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"It is open to the complainant to challenge the decision, since every official has an interest in the proper establishment of reports on his performance, on which his career will depend. It is immaterial that the reports he challenges are not harmful to the complainant."
Keywords:
cause of action; lack of injury; performance report;
Judgment 450
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Even if there were a breach of the Staff Rules the [transfer decision the complainant impugns] would be set aside only if the breach was such as to cause the complainant prejudice, for example by preventing the regular appraisal of her performance.
Keywords:
lack of injury; organisation's duties; post description; transfer;
Judgment 446
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The absence of a reclassification plan, as provided for in the Staff Regulations, was not regarded by the internal appeals body as a lacuna nor did it prevent the Director-General from taking a decision on a request for a post reclassification. "If therefore there was a violation of the Regulations cited, it does not vitiate the decision impugned."
Keywords:
enforcement; flaw; lack of injury; post classification; provision; staff regulations and rules;
Judgment 405
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Although the delay in preparing the complainant's annual reports was unfortunate, it does not taint those reports with any impropriety, especially since it caused the complainant no wrong."
Keywords:
administrative delay; injury; lack of injury; performance report;
Judgment 404
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The complainant objects to the organisation's refusal to disclose certain documents. But she fails to indicate what bearing the allegedly withheld documents may have had on the decisions she impugns, and her plea therefore fails."
Keywords:
complainant; decision; disclosure of evidence; effect; lack of injury; request by a party;
Judgment 399
43rd Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant requests compensation for the moral and professional prejudice caused by the lack of an appraisal for more than a year. There is no evidence of any such prejudice and this claim should be rejected."
Keywords:
injury; lack of injury; omission; performance report; work appraisal;
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