Flaw (557, 558, 862, 559,-666)

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Keywords: Flaw
Total judgments found: 244

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• Judgment 193

  
  29th Session, 1972
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  None of the claims for compensation are sustainable "except as an element of damage flowing from some unlawful decision by the Director-General." In the present case, certain irregularities were committed and remedied; they were not of a character to invalidate the decision to transfer which the complainant did not contest at the time it was made. He also accepted a subsequent transfer. The complaint is dismissed.

  Keywords:

  acceptance; cause of action; flaw; lack of injury; no cause of action; purpose; transfer;
  

  
  
  

• Judgment 181

  
  27th Session, 1971
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  If the time limit had expired, "the Director-General could indeed have refused to consider the complainant's protest. However, the ruling given [...] on his instructions makes no reference to the expiry of the time limit. Failure to observe a time limit laid down by the [applicable provision] is not [a flaw] which can be pleaded at a later stage in the procedure."

  Keywords:

  flaw; internal appeal; mistaken hearing of merits; procedural flaw; time bar; time limit;
  

  
  
  

• Judgment 175

  
  26th Session, 1971
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  The Appeals Committee, without giving any precise opinion on the points raised by complainant, merely proposed that he should be paid compensation, purely ex gratia. Consequently, although the chairman of the Advisory Committee on Compensation Claims which examined the case before the Director-General's first decision then sat as a member of the Appeals Committee, "this irregularity is not, in the circumstances of the case, such as to taint with illegality the Director-General's [...] decision."

  Keywords:

  advisory body; composition of the internal appeals body; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw;
  

  
  
  

• Judgment 158

  
  24th Session, 1970
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  The Headquarters appeals body found several irregularities in the procedure followed by the regional appeals body. These irregularities "do not affect the validity of the decision impugned which was taken by the Director-General on the completion of a regular form of procedure after exercising powers of investigation as broad as those of the Regional Director on the advice of a body which, like the Regional Board, had a joint composition.

  Keywords:

  field; flaw; internal appeal; internal appeals body; judicial review; lack of injury; procedure before the tribunal;
  

  
  
  

• Judgment 149

  
  23rd Session, 1970
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The complainant deplores delays in the internal procedure. "The sanction for the violation of [the provision on internal appeals] is contained in that rule itself: an official who receives no reply to his complaint before the prescribed deadline is entitled to appeal [...] the complainant exercised that right and therefore suffered no injury." The material delays are no proof of prejudice.

  Keywords:

  administrative delay; flaw; internal appeal; lack of injury; procedure before the tribunal;
  

  Consideration 2

  Extract:

  The appeals body which heard the persons closely concerned with the appeal, found that the increase had been withheld out of personal prejudice. Under the applicable provision, the body was competent "to find the existence of prejudice. the Director-General therefore committed an error of law in stating [...] that he could not endorse the recommendation of the Appeals Committee on this point simply on the ground that the committee was not competent to make such a recommendation."

  Keywords:

  bias; competence; decision; enforcement; executive head; flaw; grounds; increment withheld; internal appeals body; recommendation; refusal; report; salary; step;
  

  
  
  

• Judgment 138

  
  22nd Session, 1969
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "The authority in this case has refused to look into the facts of [the complainant's] case because of the self-imposed rule on itself that the maintenance of two households can under no circumstances entitle an expatriate employee to an educational grant. This in the judgment of the Tribunal was an error of law which entailed the non-exercise of a discretion."

  Keywords:

  allowance; case sent back to organisation; decision quashed; education expenses; flaw; marital status; parents separated; refusal;
  

  
  
  

• Judgment 136

  
  22nd Session, 1969
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The complainant made accusations which led to an inquiry. When the decision not to renew his contract was taken, the results of the inquiry were not yet known. The accuser was judged before the accusations themselves. The decision is tainted by error and must be rescinded; "the organization must either renew the contract on equitable terms or pay to the complainant such compensation as is equitable".

  Keywords:

  complainant; contract; fixed-term; flaw; inquiry; investigation; misconduct; non-renewal of contract; organisation's duties;
  

  Consideration 3

  Extract:

  The suspension of the complainant was followed by an improper decision not to renew his contract. Having received his full salary, the complainant "has suffered no material damage, but he has suffered moral damage. He is entitled to equitable compensation for the distress caused by the manner of his treatment and for the injury done thereby to his reputation and to his prospects of obtaining other employment. The organization must therefore pay to the complainant equitable compensation in respect of the illegality of his suspension from duty".

  Keywords:

  contract; fixed-term; flaw; injury; moral injury; non-renewal of contract; professional injury; suspension;
  

  Consideration 2

  Extract:

  "The organization seeks to justify the decision [not to renew contract] on the ground that the complainant, by making grave accusations against a colleague, had created a situation which made the smooth working of the [regional office] impossible [...]. The error which the Director-General made - an error which in the opinion of the Tribunal vitiates his decision not to renew the complainant's contract - is that he judged and condemned the accuser before the accusations had themselves been judged".

  Keywords:

  contract; fixed-term; flaw; non-renewal of contract; working relations;
  

  
  
  

• Judgment 135

  
  22nd Session, 1969
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The refusal to grant a permanent post to the complainant was quashed because of legal error. The organisation again rejected the complainant's application. The complainant's claim for damages "is well founded only insofar as it rests on the prejudice arising out of the illegal decision [...] which lapsed on [...] which date the decision legally rejecting his application for a permanent post was issued." The Tribunal awards the complainant a sum in compensation, in particular, for the "prejudice caused to complainant by the state of uncertainty in which he found himself as a result of the rescinded decision."

  Keywords:

  amount; confirmatory decision; decision; flaw; injury; mistake of law; moral injury; refusal; titularization;
  

  
  
  

• Judgment 133

  
  21st Session, 1969
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The complainant objects to the organization's failure to disclose certain documents until after the internal appeals procedure was under way. "It has not been established that either of these documents in any way influenced the decision to terminate the complainant's appointment. The alleged delay in producing them did not therefore constitute a violation of his right to be heard."

  Keywords:

  administrative delay; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; organisation; right to reply;
  

  
  
  

• Judgment 123

  
  20th Session, 1968
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  In approving the complainant's application for repatriation grant, the organisation misinterpreted the regulations. Its approval was conditional. The complainant had to prove that he had made definite travel arrangements, but did not do so. "[T]he [organisation] did not violate any law by withdrawing its approval, given in error, before any action had been taken upon it and before the stipulated proviso had been fulfilled, and without any costs having been incurred by the complainant."

  Keywords:

  acceptance; allowance; condition; flaw; mistake of law; travel expenses; withdrawal of decision;
  

  
  
  

• Judgment 122

  
  20th Session, 1968
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  On the substance

  Extract:

  The complainant was denied appointment to a permanent post because of objections expressed by a Member State aroused by the complainant's refusal to do his military service. The decision was tainted by an error of law; the organisation did not exercise its discretionary power. The decision is quashed and the case is referred back to the organisation "for a new decision to be taken, with reasons stated, on [the] complainant's request, after consideration of all the relevant circumstances of the case, including [the complainant's] professional qualifications [...] and disregarding the fact [...] that he is a persona non grata to one of the States members."

  Keywords:

  contract; fixed-term; flaw; grounds; member state; military service; non-renewal of contract; permanent appointment; persona non grata; refusal; titularization;
  

  
  
  

• Judgment 121

  
  20th Session, 1968
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "The organization has [...] committed a breach of contract by suspending the complainant otherwise than in accordance with the Staff Regulations. Since his emoluments have been fully paid, he has suffered no material damage, but he has suffered moral damage. He is entitled to compensation for the distress caused by the abrupt way in which he was treated, tantamount in its form to summary dismissal, and for the injury done to his reputation and to his prospects of obtaining other employment."

  Keywords:

  breach; flaw; injury; moral injury; professional injury; provision; respect for dignity; staff regulations and rules; summary dismissal; suspension;
  

  
  
  

• Judgment 118

  
  19th Session, 1968
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The issue of a certificate containing a purely material error [involving a date], replaced by two regular certificates [one concerning employment and the other concerning the complainant's work] did not in any way prejudice the complainant's interest and therefore does not entitle him to compensation.

  Keywords:

  certificate of service; flaw; lack of injury;
  

  
  
  

• Judgment 96

  
  16th Session, 1966
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  At the request of the complainant, who wished to go directly to the Tribunal, the procedure laid down under the applicable provision was not followed. "Even assuming that the conditions specified in [the provision] were not fulfilled and that no other basis could be found for the decision impugned, there could be no question of quashing that decision, but only of awarding [the complainant] compensation which, in the circumstances of the case, could not exceed the amount which the organisation has seen fit to award him ex gratia."

  Keywords:

  flaw; material damages; procedural flaw;
  

  
  
  

• Judgment 92

  
  16th Session, 1966
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The organization transmitted to the complainant the findings of the internal appeals body, to the exclusion of its reasons. "As a result of the production of the full report during the present proceedings the complainant has been able to rely on it to submit any arguments which she considered suitable to support her claim. It follows that, while the right to be heard was ignored, at the administrative proceedings stage, this did not in fact affect the sense of the decision complained of and [...] does not involve the quashing of that decision."

  Keywords:

  case pending; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; organisation; procedural flaw; report; right to reply; tribunal;
  

  
  
  

• Judgment 78

  
  13th Session, 1964
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The powers of the Director-General as regards the staff association are governed by the organization's regulations. "None of these regulations empowers the Director-General to invalidate elections held [by the association] to form its executive committee on the ground that such elections were irregular [...]. Hence, by refusing to invalidate the elections [...] the Director-General, far from violating the Staff Regulations and Rules, applied them correctly."

  Keywords:

  application for quashing; competence; election; executive head; flaw; no provision; refusal; staff union;
  

  
  
  

• Judgment 69

  
  12th Session, 1964
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The right to be heard was doubly ignored. The Regional Director terminated the appointment of the complainant without submitting to him a period evaluation report or affording him the opportunity of justifying himself. In the appeals proceedings, reports were produced the existence of which the complainant only became aware during the proceedings before the Tribunal and with regard to which he accordingly had not opportunity to state his case in time. The decision to terminate the appointment is quashed.

  Keywords:

  disclosure of evidence; flaw; probation report; procedural flaw; right to reply;
  

  Consideration 4

  Extract:

  "Infringement of the right to be heard being sufficient to entail the quashing of the decision complained of, the Tribunal does not have to consider whether any other reason would also have justified this conclusion."

  Keywords:

  flaw; procedural flaw; right to reply;
  

  Consideration 2

  Extract:

  "By virtue of this right, before a decision to his detriment is taken, every official should have the opportunity of acquainting himself with the elements taken as the basis for this decision and of explaining himself with regard to them. It follows, in particular, that he cannot be the subject of a termination decision as long as he has not received the evaluation reports concerning him and has not been allowed the opportunity to dispute their contents. The principle stated, which applies even in the absence of express texts, is, moreover, embodied in the provisions of [the Staff Rules]."

  Keywords:

  consequence; flaw; performance report; probation report; probationary period; right to reply; termination of employment; work appraisal;
  

  
  
  

• Judgment 63

  
  11th Session, 1962
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The Tribunal is competent to pass judgment on the irregularities allegedly committed by the Appeals Board only to the extent that they might, "particularly by reason of their gravity, have affected the Director-General's decision." This is not a case in point: there was a hearing of both parties; the allegations made by complainant are without substance or relevance.

  Keywords:

  consequence; decision; flaw; internal appeal; internal appeals body; judicial review; lack of injury; procedural flaw;
  

  
  
  

• Judgment 60

  
  10th Session, 1962
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration II 2(C)

  Extract:

  The Tribunal holds that the organization made a mistake in placing the complainant, a budget clerk, in grade M.4. "In fact, the complainant belonged to grade M.5 [...]. Under the new classification plan [...], the complainant was [...] downgraded, and the effects of this change on her salary must be determined."

  Keywords:

  consequence; downgrading; flaw; grade; post classification; reduction of salary; salary;
  

  
  
  

• Judgment 51

  
  8th Session, 1960
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "Salary and non-resident's allowance cannot be assimilated in every respect. Salary is the remuneration received by an official for his work, that is to say in direct consideration of the service he has rendered. On the other hand [...] the non-resident's allowance has a different object. In consequence a salary increase cannot be set off against a reduction of the allowance."

  Keywords:

  allowance; compensatory measure; flaw; increase; non-resident allowance; reduction of salary; salary;
  

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