Omission (615,-666)

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Keywords: Omission
Total judgments found: 12

• Judgment 2312

  
  96th Session, 2004
  European Molecular Biology Laboratory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  Under the EMBL Staff Rules and Regulations, there is no provision to appeal internally the non-renewal of a contract. "There is [...] no merit to the Laboratory's suggestion that the deliberate exclusion in the Staff Rules and Regulations of an internal appeal mechanism with regard to the non-renewal of a contract operates so as to exclude complaints to the Tribunal. The Tribunal's jurisdiction is not determined by an organisation's Staff Rules but by the terms of the Tribunal's own Statute and the defendant organisation's submission to it. Thus, an organisation cannot unilaterally preclude the right to lodge a complaint. While it is the case that the Tribunal will often defer to discretionary decisions, the fact that a decision is discretionary does not take it outside of the Tribunal's jurisdiction. Although a discretionary decision may warrant significant deference, it is still reviewable."

  Keywords:

  acceptance; competence of tribunal; complaint; consequence; contract; decision; definition; discretion; effect; iloat; iloat statute; internal appeal; judicial review; no provision; non-renewal of contract; omission; organisation; procedure before the tribunal; provision; right; right of appeal; staff regulations and rules;
  

  
  
  

• Judgment 2277

  
  96th Session, 2004
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3(a)

  Extract:

  "An application for execution presupposes that the complainant is able to challenge an act or an omission by the organisation that employs him which is subsequent to the judgment concerned and contrary to the terms of the ruling. [T]he complainant [...] merely reiterates pleas and facts which preceded the judgments [of which he seeks execution], which are now res judicata and cannot be challenged."

  Keywords:

  application for execution; decision; omission; organisation's duties; res judicata;
  

  
  
  

• Judgment 2259

  
  95th Session, 2003
  Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  Compliance with the rules of procedure is among the guarantees offered to international civil servants. There is nothing to suggest that the omission of a formality has no adverse effects on the situation of the staff members concerned. In the present case, a written proposal by the Director of the Administration Division would have been particularly necessary for consideration of the complainant's case. His plea based on the breach of Administrative Directive No. 20 (Rev.2) therefore succeeds.

  Keywords:

  contract; due process; effect; non-renewal of contract; omission; organisation's duties; procedure before the tribunal; safeguard; separation from service;
  

  
  
  

• Judgment 2190

  
  94th Session, 2003
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "It is incomprehensible that no internal administrative investigation was conducted following an accident which involved a [...] vehicle [of the organization] driven by an employee of the organization in the context of an official mission, and which caused the death of two passengers, one of whom was a [...] staff member [of the organization], as well as the serious injuries suffered by the complainant. The fact that the Namibian authorities opened their own enquiry could not in any way exempt the organization from ascertaining whether the condition of the vehicle, the preparation of the mission and, more generally, the circumstances of the accident revealed any administrative failure, the consequences of which it would have a duty to bear. [...] There is no evidence to suggest that any internal enquiry whatsoever was conducted in connection with this accident. This failure caused the complainant an injury which the Tribunal considers to be equitably compensated by an award of 5,000 United States dollars."

  Keywords:

  injury; inquiry; investigation; material damages; member state; misconduct; moral injury; omission; organisation's duties; professional accident; service-incurred;
  

  
  
  

• Judgment 2067

  
  91st Session, 2001
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  "The complainant takes the administration to task for the fact that there has been no appraisal report on his performance since 1995. The organization [...] asserts that the omission arose because the complainant's supervisors were anxious to avoid a further confrontation at a time when working relations were strained [...] [The Tribunal considers that,] relations being tense, the [organization] had a duty to put matters right without evading its obligation to ensure that appraisal reports were established."

  Keywords:

  omission; organisation's duties; performance report; working relations;
  

  
  
  

• Judgment 1040

  
  69th Session, 1990
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "Precedent is clear: even when someone has just a temporary appointment a decision not to renew it must be taken when the contract period is expiring; the administration's decision not to renew must be notified to the employee within the prescribed time limit; and if due notice is not given there will be implied renewal for a further period." The complainant got notice four days too late and the Tribunal held that the extension of his contract by five days to make up the required period of notice had no effect.

  Keywords:

  compensatory measure; consequence; contract; effect; extension of contract; non-renewal of contract; notice; omission; organisation's duties; short-term;
  

  
  
  

• 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;
  

  
  
  

• Judgment 359

  
  41st Session, 1978
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "[I]t appears from the evidence in the dossier that the circumstances in which the complainant's appointment ended amount to an abuse of authority." [no description of post, no detailed comment on his performance, hence either omission of essential facts or clearly mistaken conclusions from the facts, hence quashing of decision.]

  Keywords:

  abuse of power; contract; disregard of essential fact; fixed-term; mistaken conclusion; misuse of authority; non-renewal of contract; omission; organisation's duties; performance report; post description;
  

  
  
  

• Judgment 255

  
  34th Session, 1975
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The letter from the chief of personnel "is not expressed as a decision but as a letter enclosing an appraisal report [...] The complainant however did not wish to disagree with the report; he wished to contend that it was not an appraisal report at all and to claim what he called a proper report. He was within his rights in taking this course by his letter [...] and since the Director-General has failed to act upon it paragraph 3 of Article VII applies."

  Reference(s)

  ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
  
  

  Keywords:

  direct appeal to tribunal; failure to answer claim; implied decision; omission; performance report; receivability of the complaint;
  

  Considerations

  Extract:

  On 23 January the complainant received an appraisal report. On 20 March he requested that a proper appraisal be made. The letter of 23 January "is not expressed as a decision but as a letter enclosing an appraisal report [...] The complainant [...] did not wish to disagree with the report; he wished to contend that it was not an appraisal report at all and to obtain what he called a proper report. He was within his rights in taking this course by his letter of 20 March; and since the Director-General has failed to act upon it paragraph 3 of Article VII applies."

  Reference(s)

  ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
  
  

  Keywords:

  exception; failure to answer claim; omission; performance report; receivability of the complaint;
  

  
  
  

• Judgment 115

  
  18th Session, 1967
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "[I]t does not follow that failure to establish an annual report when it is due automatically confers the right to the award of a salary increment". (The applicable provision provides that the end of the period covered by the report should coincide with the date of the increment; this provision is not mandatory).

  Keywords:

  date; effect; increment; omission; organisation's duties; performance report; period;
  

  
  
  

• Judgment 112

  
  18th Session, 1967
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  It was the understanding of both sides that the reason for extending the probationary period was merely to allow the complainant to look for a new position. The organization agreed to the extension in the knowledge that the complainant's work was unsatisfactory and that he would not be able to change the unfavourable impression left by his first probationary year. Under these circumstances, continuation of the complainant's appointment cannot be regarded as an extension of the probationary period within the meaning of the regulations and the organization had no obligation to make the report.

  Keywords:

  extension of contract; omission; organisation's duties; probation report; probationary period; purpose; unsatisfactory service;
  

  Consideration 4

  Extract:

  "[I]f his superiors did not think it necessary to give [the complainant] any special training, this was because he had already had some 15 years' experience as a translator and reviser, so that he was assumed to know his job." Failure to provide training is not a material fact in the matter at issue.

  Keywords:

  disregard of essential fact; omission; organisation's duties; training;
  

  
  
  

• Judgment 33

  
  7th Session, 1958
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "While it has not been proved that performance reports should have been drawn up in connection with the complainant's participation in a competition, such performance reports should have been drawn up in any case once in each calendar year [...]. The absence of performance reports for the [material] year is a breach of [the Staff Rules] and may have been prejudicial to the complainant."

  Keywords:

  breach; injury; omission; performance report; provision; rating; staff regulations and rules;