Flaw (557, 558, 862, 559,-666)
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Keywords: Flaw
Total judgments found: 244
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Judgment 598
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Military and technical co-operation service cannot be assimilated. [...] When the council decided to discount military service in reckoning professional experience, it meant and indeed could only mean military service as such. The President therefore erred in law in founding his decision on an assimilation of military and technical co-operation service."
Keywords:
cooperation service; difference; flaw; military service; professional experience; reckoning;
Judgment 597
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
See Judgment 598, consideration 5.
Reference(s)
ILOAT Judgment(s): 598
Keywords:
cooperation service; difference; flaw; military service; professional experience; reckoning;
Judgment 591
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's post was left at the same level. In deciding this, the Director erred in principle: in the absence of criteria, he should have remitted the request to the appropriate unit for reconsideration after himself providing clear parameters. The International Civil Service Commission has established a job classification system. The organization has completed post descriptions in accordance with that system. Three and a half months after the impugned decision, the complainant's occupational group was classified using the ICSC system. The complainant is referred to the organization for a new assessment of his post on the basis of the ICSC system.
Keywords:
criteria; enforcement; flaw; icsc decision; no provision; post classification;
Judgment 565
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant has been working in the organisation for 20 years. His advancements in grade have been due either to a reorganisation or to review of his duties. He has sought, in vain, a more senior post. Younger officials have reached higher grades. He has never been awarded a special salary increment. "Accordingly, life being what it is, even though he has misconstrued the reasons for the irregularities in his [performance report], he was particularly affected by them. For the moral injury he has suffered he is entitled to compensation".
Keywords:
administrative delay; flaw; injury; moral injury; performance report;
Consideration 8(A)
Extract:
"There are no grounds for supposing that if the report had been made properly the complainant would have derived financial benefit from appointment to a higher post." Since the start of his career, the complainant has entered competitions, with comparable performance reports, and been unsuccessful on every occasion. It is unlikely that he would have fared better in the most recent competition if he had properly been able to refer to the report. No material injury.
Keywords:
administrative delay; flaw; material injury; performance report;
Judgment 564
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The original announcement of the vacancy said that the incumbent would join a team which was to prepare a 'report on world employment. A revised version, in keeping with the French text and the organisation's intention, replaced the words with 'world labour report'. "It is obvious that the change had no effect on the competition procedure, and it is not a procedural defect impairing the validity of the impugned decision."
Keywords:
amendment to the rules; competition; flaw; procedural flaw; vacancy notice;
Judgment 550
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Judgment No 450 "did not dispose of the question of the repayment of the medical expenses the [organisation] had agreed to bear, and [the judgment] does not have the authority of res judicata on this matter. In fact both the [Appeals] Board and the Director were required to take the matter up. The Director's refusal to consider the claim to repayment of medical expenses therefore suffers from a mistake of law and on this point the impugned decision must be set aside."
Reference(s)
ILOAT Judgment(s): 450
Keywords:
flaw; health insurance; internal appeal; medical expenses; receivability of the complaint; res judicata;
Judgment 544
50th Session, 1983
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The organization "is disregarding the restrictions on the Director-General's authority. It believes that the Director-General need provide no justification for not extending a fixed-term appointment. Not only did it fail to inform the complainant, at least in writing, of the reasons for the decision but it has said nothing whatever about them in the course of the present proceedings. In short, it acts as if the Director-General were free from any review of the exercise of his authority. It is not so. The non-renewal was therefore tainted with a mistake of law and should be quashed."
Keywords:
contract; discretion; duty to substantiate decision; fixed-term; flaw; judicial review; non-renewal of contract;
Judgment 542
49th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The penalty imposed was justified, but the complainant's appointment was terminated "without warning of the action that might be taken against him, although it [was] never said that the matter was urgent. The general principle of lawis that an administration may not impose a penalty on anyone before giving him an opportunity to comment on the charges against him".
Keywords:
contract; flaw; general principle; misrepresentation; offer withdrawn; procedural flaw; right to reply;
Judgment 505
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The complainant contends that her short-term appointments were tainted with irregularity on the grounds that her duties were of a lasting nature. The [organization] argues convincingly, however, that the duties attributed to the complainant [...] were of a kind normally performed by temporary staff. [...] The Appeals Committee was therefore right in rejecting the arguments she bases on the duration of her appointments. the tribunal need not consider the [organization's] contention that it enjoys complete discretion in giving short-term appointments to general service category staff."
Keywords:
contract; duration of appointment; flaw; post; short-term; successive contracts;
Judgment 496
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainants appealed to the internal board and then, without awaiting the outcome of the proceedings, to the Tribunal. By applying directly to the Tribunal "the complainants [...] obviously had no intention of abandoning their appeal; their wish was to expedite the hearing. As a matter of procedure they made a mistake in asking for the case to be withdrawn, but the situation was unprecedented and it was one to which the inactivity of the organization had contributed. A procedural error should not in this instance be held against the complainants."
Keywords:
administrative delay; direct appeal to tribunal; flaw; internal remedies exhausted; procedural flaw; receivability of the complaint;
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;
Judgment 474
47th Session, 1982
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Director-General's authority is not absolute. The Director-General seems to regard himself as entirely free to make what decisions he will and to believe "that he need not state the grounds for his decision either to the staff member or to the Tribunal. This view rests on an error of law [...] a decision [...] is in fact subject to review by the Tribunal. Although the Tribunal has only a limited power of review, it will so exercise it that the Director-General does not enjoy the unfettered authority he asserts. In assuming his decisions to be unchallengeable, the Director-General went beyond the limits of his discretionary authority, and this error of law alone affords grounds for allowing the complaint, at least in principle."
Keywords:
contract; discretion; duty to substantiate decision; fixed-term; flaw; grounds; judicial review; non-renewal of contract;
Judgment 470
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"That a staff member should have been the subject of a flawed decision does not alone entitle him to compensation for moral prejudice. For that he must have suffered more severe prejudice than that normally caused by an improper decision." In this case the impugned decision "is unlikely to have had abnormal effects. In any event, insofar as it was based on lack of funds it was in no way humiliating. Moreover, the moral prejudice [...] has been mitigated by his appointment with the government".
Keywords:
condition; decision; flaw; moral injury;
Judgment 448
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"Because of the flaws in the decision [not to renew her contract] the Tribunal may either set it aside or award the complainant compensation. The former would mean reinstating her. From the written evidence it is clear that mutual trust between the complainant and the [Organization] has diminished to the point where it is unlikely that she can again be usefully employed. Her reinstatement is therefore inadvisable and the Tribunal will accordingly award compensation".
Keywords:
contract; fixed-term; flaw; material damages; non-renewal of contract; reinstatement;
Judgment 447
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"Where the impugned decision is not unlawful such compensation is due only in exceptional circumstances, viz. where the wrong is especially grave. On the other hand, where the decision is unlawful, the wrong need not be especially grave for an award of compensation for moral prejudice: it is enough for the Tribunal to find a serious wrong."
Keywords:
condition; decision; flaw; moral injury;
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 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8(G)
Extract:
An application for review "will fail unless it relies on flaws which may have an effect on the Tribunal's decision."
Reference(s)
ILOAT Judgment(s): 404
Keywords:
application for review; condition; consequence; flaw; receivability of the complaint;
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