Final decision (657, 27, 28, 30, 545,-666)
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Keywords: Final decision
Total judgments found: 82
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Judgment 3681
122nd Session, 2016
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish his position and to terminate his contract, as well as the compensation that was awarded to him in consequence thereof.
Consideration 2
Extract:
The complaint is directed against an e-mail of 30 August 2012 in which the defendant reminded the complainant of the decision of 5 July 2012 providing him with a breakdown of his termination entitlements. However, this e-mail did not constitute a new decision as it merely confirmed the decision of 5 July. Hence, the dispatch of this e-mail did not re-open the time limit for appealing against the [contested] decision [...] (see Judgment 2790, under 8, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 2790
Keywords:
final decision; time bar;
Judgment 3668
122nd Session, 2016
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to award him the disability-related compensation foreseen by Appendix D to UNIDO Staff Rules.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; final decision; illness; service-incurred;
Judgment 3640
122nd Session, 2016
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the disciplinary measure of his summary dismissal in the wake of a sexual harassment complaint filed against him by one of his colleagues.
Consideration 12
Extract:
[I]t must be emphasised that by no means will a mistake in the opinion of a joint appeal body necessarily render unlawful the administrative decision taken in the light of that opinion.
Keywords:
final decision; internal appeal;
Judgment 3638
122nd Session, 2016
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns UNESCO’s implied rejection of his claim for reimbursement at the rate of 100 per cent of medical expenses related to a service-incurred injury.
Consideration 4
Extract:
The fact that some of the complainant’s medical expenses have not yet been reimbursed at the 100 per cent rate is not a decision, much less a final one. As UNESCO has convincingly submitted, full reimbursement is pending submission by the complainant of all documentation.
Keywords:
final decision;
Judgment 3581
121st Session, 2016
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to summarily dismiss her for serious misconduct.
Consideration 4
Extract:
"It is not uncommon for a complainant to have been adversely affected by two or more administrative decisions in succession, often months or longer apart, where each decision, not being merely a step in a process, is amenable of both internal appeal and ultimately complaint to the Tribunal. Sometimes complainants elect to challenge the last of the administrative decisions but not earlier administrative decisions. One comparatively recent example of this is found in Judgment 3439."
Reference(s)
ILOAT Judgment(s): 3439
Keywords:
final decision; time bar;
Judgment 3560
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: As the impugned decision is not a final decision, the complaint is clearly irreceivable and it is summarily dismissed.
Judgment keywords
Keywords:
complaint dismissed; final decision; summary procedure;
Judgment 3552
120th Session, 2015
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: As the complaint is clearly irreceivable, it is summarily dismissed.
Judgment keywords
Keywords:
complaint dismissed; final decision; summary procedure;
Judgment 3512
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges a warning letter from his reporting officer, warning him that he was at risk of receiving markings of less than "good" in his forthcoming staff report.
Consideration 3
Extract:
"A series of steps or findings which lead to a final decision may be attacked as part of a challenge to the final decision, but they themselves cannot be the subject of a complaint to the Tribunal (see Judgments 2366, under 16, and 3433, under 9)."
Reference(s)
ILOAT Judgment(s): 2366, 3433
Keywords:
final decision;
Consideration 2
Extract:
"The complaint is irreceivable ratione materiae. The complainant essentially contests a warning letter, which warned him that he was at risk of receiving a marking of less than “good” under three headings in his staff report […], if he did not improve within the following five months. The warning letter […] is not a final decision adversely affecting the complainant within the meaning of Article VII, paragraph 1, of the Statute of the Tribunal. The letter constituted a step in the procedure which leads to the drafting of the staff report and ends with the final confirmation of the report. The warning letter as prescribed in Circular No. 246 is meant to alert an employee to the risk of receiving a marking of less than “good” on their forthcoming staff report and to give them adequate time to improve and hence avoid such a marking. The complainant could not therefore rely on Article VII, paragraph 3, of the Tribunal’s Statute to file a complaint against the refusal to withdraw the warning letter."
Keywords:
final decision;
Judgment 3490
120th Session, 2015
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to grant her request for retroactive reclassification of her former post.
Consideration 18
Extract:
"It follows from the JAB’s failure to obtain and consider evidence central to the claim that its conclusion and recommendation are tainted by an error of law. As the Director General adopted the conclusion and accepted the recommendation, his decision is also tainted by an error of law (see Judgment 2742, under 40)."
Reference(s)
ILOAT Judgment(s): 2742
Keywords:
discretion; disregard of essential fact; final decision; mistake of law;
Judgment 3489
120th Session, 2015
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision that his 2010 Performance Review Report shall be redone from the beginning and that a decision regarding an amendment to his contract extension from three to five years will be contingent on the outcome of the new Report.
Consideration 8
Extract:
"Consistent precedents hold that inasmuch as the right to an internal appeal is a safeguard enjoyed by international civil servants, the ultimate decision-maker cannot depart from the conclusions and recommendations of the internal appeal body without giving adequate reasons for her or his decision (see Judgments 2699, under 24, 2833, under 4, 3208, under 11, and 3361, under 14)."
Reference(s)
ILOAT Judgment(s): 2699, 2833, 3208, 3361
Keywords:
final decision;
Judgment 3433
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully impugns the decision to reject his appeals concerning warning letters he received in relation to his staff report.
Consideration 9
Extract:
"“Ordinarily, the process of decision-making involves a series of steps or findings which lead to a final decision. Those steps or findings do not constitute a decision, much less a final decision. They may be attacked as a part of a challenge to the final decision but they, themselves, cannot be the subject of a complaint to the Tribunal.” (See Judgment 2366, under 16.) Consequently, the complaint is irreceivable in accordance with Article VII, paragraph 1, of the Tribunal’s Statute."
Reference(s)
ILOAT Judgment(s): 2366
Keywords:
absence of final decision; final decision;
Consideration 7
Extract:
"The Tribunal considers that the two warnings are not final decisions adversely affecting the complainant; they must be considered as acts, or steps, of an administrative procedure which could lead to a final decision."
Keywords:
absence of final decision; final decision;
Judgment 3325
117th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint against a decision of the Chairman of the Internal Appeals Committee is irreceivable on the grounds that this decision is not a final one.
Judgment keywords
Keywords:
complaint dismissed; final decision;
Judgment 3181
114th Session, 2013
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant relies on the precedent established in Judgment 2782 to claim interest for late payment of a back pay.
Judgment keywords
Keywords:
case law; complaint dismissed; final decision;
Judgment 3164
114th Session, 2013
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the rejection of her request for a transfer, alleging harassment.
Consideration 7(b)
Extract:
"[T]he complainant is justified in requesting the setting aside of a decision accepting the Board’s recommendations which has not been implemented."
Keywords:
decision; final decision; impugned decision; internal appeals body;
Judgment 3161
114th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to transfer him which, in his view, violates his status as an employee.
Consideration 1
Extract:
The complaint to this Tribunal was filed on 29 October 2009. At that time, the President of the EPO had not taken a decision on the recommendations that the Internal Appeals Committee made in its report of 8 June 2009 on the complainant’s appeal against the decision to transfer him. More than sixty days had elapsed since the recommendations were made. Thus, the complainant was apparently exercising the right conferred by Article VII, paragraph 3, of the Statute of the Tribunal in filing his complaint. If so, the subject matter of the complaint would have been, at the time of filing, an implied decision of the President of the EPO to reject the recommendations of the Committee.
Keywords:
final decision; implied rejection of internal appeal;
Judgment 3053
112th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Where the only body competent to hear an appeal declines jurisdiction, a decision to that effect is a final decision that may properly be the subject of a complaint to the Tribunal."
Keywords:
final decision; internal appeal; internal appeals body; internal remedies exhausted;
Judgment 3035
111th Session, 2011
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
Staff Rule 10.1.2 provides that, “[w]hen a charge of serious misconduct is made against a staff member and if the Director General considers that the charge is well founded and that the staff member’s continuance in office pending the results of an investigation might be prejudicial to the service, the Director General may suspend the staff member from duty, with or without pay, until the end of the investigation, without prejudice to his rights”.
According to the Tribunal’s case law, suspension is an interim measure which need not necessarily be followed by a substantive decision to impose a disciplinary sanction (see Judgments 1927, under 5, and 2365, under 4(a)). Nevertheless, since it imposes a constraint on the staff member, suspension must be legally founded, justified by the requirements of the organisation and in accordance with the principle of proportionality. A measure of suspension will not be ordered except in cases of serious misconduct. Such a decision lies at the discretion of the Director General. It can therefore be reviewed by the Tribunal only on limited grounds and will be set aside only if it was taken without authority, or in breach of a rule of form or of procedure, or was based on an error of fact or of law, or overlooked some essential fact, or was tainted with abuse of authority, or if a clearly mistaken conclusion was drawn from the evidence (see Judgment 2698, under 9, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 1927, 2365, 2698
Keywords:
final decision; suspension;
Judgment 3034
111th Session, 2011
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
[I]n accordance with the principles governing the burden of proof when determining the receivability of complaints, it is up to the organisation which intends to rely on late submission to establish the date on which the impugned decisions were notified (see Judgments 723, under 4, or 2494, under 4). Since the Agency has failed to produce any acknowledgement of receipt or other document attesting to the date on which the decisions in question were notified, it has not furnished proof of the alleged late submission.
Reference(s)
ILOAT Judgment(s): 723, 2494
Keywords:
burden of proof; final decision; late filing; notification; time bar;
Judgment 2741
105th Session, 2008
International Olive Oil Council
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5(a)
Extract:
The decision-making authority cannot disregard the opinions or recommendations it receives from advisory bodies without good reason (see Judgment 2092, under 10). Otherwise, advisory procedures would be meaningless and serve no purpose. However, such opinions or recommendations do not bind the decision-making authority to the extent of barring it from undertaking an impartial assessment of the merits of the proposals made and curtailing its obligation to examine carefully, in particular, whether the findings of fact that they contain are correct. Nevertheless, where a decision-making authority intends to disregard the recommendations of advisory bodies, it must state clearly in its decision the objective grounds that led it to opt for a divergent conclusion. In the case of a disciplinary procedure, this clearly applies not only to the appraisal of the evidence gathered but also, on the one hand, to the decision whether or not to order a penalty and, on the other, to the severity of the penalty, which should respect the principle of proportionality.
Reference(s)
ILOAT Judgment(s): 2092
Keywords:
disciplinary measure; final decision; motivation; proportionality;
Judgment 1308
76th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
That makes it plain that no final decision had yet been taken on grading his new post P.2 and that the two Boards of Appeal were therefore correct in holding his appeal to be premature and irreceivable. That being so, his complaint too must be declared irreceivable under Article VII, paragraph 1, of the Tribunal's Statute because what he is challenging is not a "final" decision.
Keywords:
final decision; internal appeal;
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