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Apology (694,-666)

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Keywords: Apology
Total judgments found: 17

  • Judgment 4579


    135th Session, 2023
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to discharge him.

    Consideration 12

    Extract:

    The further claims for an apology and for declarations of law must be rejected as the first one is beyond the competence of the Tribunal (see Judgment 4478, consideration 4) and the second one is irreceivable (see Judgment 4246, consideration 11).

    Reference(s)

    ILOAT Judgment(s): 4246, 4478

    Keywords:

    apology; declaration of law;



  • Judgment 4478


    133rd Session, 2022
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to impose on him the disciplinary measure of delayed advancement to the next salary step for a period of 20 months, pursuant to Staff Rule 10.1.1.

    Consideration 4

    Extract:

    According to the Tribunal’s case law, ordering an organisation to apologize is clearly beyond the competence of the Tribunal (see, for example, Judgment 3011, consideration 6).

    Reference(s)

    ILOAT Judgment(s): 3011

    Keywords:

    apology;



  • Judgment 4373


    131st Session, 2021
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to issue a written censure against him for breaches of his obligation to protect OPCW confidential information.

    Consideration 15

    Extract:

    The complainant has requested a letter from the Director-General apologizing and clearing him of all charges. However, as the Tribunal has stated on many occasions, it is not competent to make orders of this kind (see, for example, Judgments 3069, consideration 5, and 4215, consideration 27).

    Reference(s)

    ILOAT Judgment(s): 3069, 4215

    Keywords:

    apology; competence of tribunal;



  • Judgment 4215


    129th Session, 2020
    Intergovernmental Organisation for International Carriage by Rail
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to confirm his appointment at the end of his probation period.

    Consideration 27

    Extract:

    The complainant has requested that OTIF be ordered to make an official public apology. However, as the Tribunal has stated on many occasions, it is not competent to make orders of this kind (see, for example, Judgments 2636, consideration 16, 3069, consideration 5, and 3597, consideration 10).

    Reference(s)

    ILOAT Judgment(s): 2636, 3069, 3597

    Keywords:

    apology;



  • Judgment 4139


    128th Session, 2019
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her fixed-term contract as a result of her post having been abolished.

    Consideration 11

    Extract:

    [W]hile it is true that [...] the Global Fund made errors in its communication with the complainant concerning the abolition of her post, the Tribunal considers that the apologies offered by the organization in this regard [...].

    Keywords:

    apology; moral injury;



  • Judgment 4096


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the failure to act on his request to update his terms of reference and the subsequent failure to take interim measures to protect him from harassment and retaliation by his supervisors.

    Consideration 10

    Extract:

    The complainant requests that the Tribunal order the Administration to make a public apology. The Tribunal is not competent to make such an order (see, for example, Judgments 2742, consideration 44, and 3597, consideration 10).

    Reference(s)

    ILOAT Judgment(s): 2742, 3597

    Keywords:

    apology; competence of tribunal;



  • Judgment 4079


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU filed an application for interpretation and review of Judgment 3930 and the complainant in that case filed an application for execution of that judgment.

    Consideration 25

    Extract:

    The complainant seeks an apology from the organization by order of the Tribunal. This claim is rejected as such an order is outside the Tribunal’s competence (see, for example, Judgment 2742, consideration 44, or Judgment 3597, consideration 10).

    Keywords:

    apology; competence of tribunal;



  • Judgment 4078


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU filed an application for interpretation and review of Judgment 3929 and the complainant in that case filed an application for execution of that judgment.

    Consideration 25

    Extract:

    The complainant seeks an apology from the organization by order of the Tribunal. This claim is rejected as such an order is outside the Tribunal’s competence (see, for example, Judgment 2742, consideration 44, or Judgment 3597, consideration 10).

    Reference(s)

    ILOAT Judgment(s): 2742, 3597

    Keywords:

    apology; competence of tribunal;



  • Judgment 4077


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU applies for interpretation and review of Judgment 3928 alleging errors of fact, inter alia, and asserts that it is impossible to give effect to the Tribunal’s order to reinstate the complainant. The complainant applies for execution of Judgment 3928.

    Consideration 26

    Extract:

    The complainant seeks an apology from the organization by order of the Tribunal. This claim is rejected as such an order is outside the Tribunal’s competence (see, for example, Judgment 2742, consideration 44, or Judgment 3597, consideration 10).

    Reference(s)

    ILOAT Judgment(s): 2742, 3597

    Keywords:

    apology;



  • Judgment 4039


    126th Session, 2018
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who alleges that he is the victim of institutional harassment and discrimination, seeks redress for the injury he considers he has suffered.

    Consideration 17

    Extract:

    [T]he Tribunal is not empowered to order apologies (see Judgments 3966, under 5, 3791, under 7, 3597, under 10, and 2417, under 28).

    Reference(s)

    ILOAT Judgment(s): 2417, 3597, 3791, 3966

    Keywords:

    apology;



  • Judgment 4038


    126th Session, 2018
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who alleges that he is the victim of institutional harassment and discrimination, seeks redress for the injury he considers he has suffered.

    Consideration 19

    Extract:

    [T]he Tribunal is not empowered to order apologies (see Judgments 3966, under 5, 3791, under 7, 3597, under 10, and 2417, under 28).

    Reference(s)

    ILOAT Judgment(s): 2417, 3597, 3791, 3966

    Keywords:

    apology;



  • Judgment 3791


    123rd Session, 2017
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the implied rejection of her internal appeal against the EPO’s refusal to recognise her medical condition as an occupational disease and to reimburse her for the relevant medical expenses which she incurred.

    Consideration 7

    Extract:

    The claim requesting the order of an apology is outside the Tribunal’s remit and shall not be considered.

    Keywords:

    apology;



  • Judgment 3597


    121st Session, 2016
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the relief she was awarded as a result of a harassment complaint she filed with the Federation.

    Consideration 10

    Extract:

    "The complainant seeks a written apology. The Tribunal is not empowered to order apologies (see, for example, Judgments 3069, under 5, and 2636, under 16)."

    Reference(s)

    ILOAT Judgment(s): 2636, 3069

    Keywords:

    apology;



  • Judgment 3149


    113th Session, 2012
    Agency for International Trade Information and Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    [T]he Tribunal has no power to order a public apology [...].

    Keywords:

    apology;



  • Judgment 2762


    105th Session, 2008
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 31

    Extract:

    The complainant challenges the EPO's decision to recruit the spouse of the former President of the Office. He seeks, inter alia, a public apology. "[T]his claim for relief will be dismissed [...] because it is beyond the Tribunal's power to make such order."

    Keywords:

    apology; competence of tribunal;



  • Judgment 2751


    105th Session, 2008
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The complainant represented three colleagues whose complaints to the Tribunal led to Judgment 2514. In its replies the Organisation had made defamatory statements on the complainant. "[T]he EPO [...] contends that the complaint is irreceivable to the extent of the claim for retraction of the defamatory statements. In this regard, it relies on Judgment 1635 where the Tribunal explained that it was not competent to order a written apology, as requested in that case. In Judgment 2720, also delivered this day, the Tribunal recognised, under 17, that publication of statements defamatory of a staff member by an international organisation gives rise to a continuous obligation to take steps to remedy, as far as possible, the harm done to the staff member's reputation. Moreover, the Tribunal held in that case that it could order performance of that obligation pursuant to Article VIII of its Statute. Accordingly, it is not correct to say that it is beyond the competence of the Tribunal to order the retraction of a defamatory statement."

    Reference(s)

    ILOAT reference: Article VIII of the Statute
    ILOAT Judgment(s): 1635, 2514, 2720

    Keywords:

    apology; competence of tribunal; defamation; iloat statute; moral injury; order; receivability of the complaint; respect for dignity; staff representative;



  • Judgment 2636


    103rd Session, 2007
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "By Article VIII of its Statute the Tribunal is empowered to rescind impugned decisions, to order the performance of obligations and to award compensation. It is not empowered to order apologies. Nor is it empowered to require undertakings as to performance of obligations in the future, as claimed by the complainant."

    Reference(s)

    ILOAT reference: Article VIII of the Statute

    Keywords:

    allowance; apology; claim; competence of tribunal; decision quashed; iloat statute; organisation; organisation's duties; payment;


 
Last updated: 07.03.2024 ^ top