Parallel proceedings (824,-666)

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Keywords: Parallel proceedings
Total judgments found: 9

• Judgment 4778

  
  137th Session, 2024
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant, who was promoted from grade G.6 to grade P.3, challenges what he regards as the withdrawal of the decision to take his family allowance into account when determining his step in his new grade P.3.

  Considerations 5-6

  Extract:

  The Tribunal has already recalled that, in accordance with a recognised general principle of law, a person cannot submit the same matter for decision in two separate proceedings (see, for example, Judgments 4530, consideration 7, 4085, consideration 7, 3291, consideration 6, and 2742, consideration 16).
  In the present case, the object of the dispute in the complainant’s third complaint is the remuneration to which he contends he is entitled [...]. The Tribunal notes that this object is identical, to that extent, to one of the claims specifically mentioned in his second complaint [...].

  Reference(s)

  ILOAT Judgment(s): 2742, 3291, 4085, 4530
  

  Keywords:

  duplication of proceedings; parallel proceedings; same purpose;
  

  
  
  

• Judgment 4746

  
  137th Session, 2024
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to close her harassment complaint following a preliminary assessment and without conducting an investigation.

  Judgment keywords

  Keywords:

  complaint dismissed; opening of an investigation; organisation's duties; parallel proceedings; time bar;
  

  
  
  

• Judgment 4693

  
  136th Session, 2023
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision of the Director-General dismissing as irreceivable his internal appeal against an “implied decision” by the Organization not to provide him with any Terms of Reference or work from 10 September 2016 until 31 December 2018, when he separated from service upon reaching the mandatory retirement age.

  Consideration 13

  Extract:

  As the Organization rightly points out, a person cannot simultaneously submit the same matter for decision in more than one proceeding, citing Judgment 3291, consideration 6.

  Reference(s)

  ILOAT Judgment(s): 3291
  

  Keywords:

  parallel proceedings;
  

  
  
  

• Judgment 4530

  
  134th Session, 2022
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the effective date of termination of his appointment, which had previously been deferred on a number of occasions due to his sick leave.

  Consideration 7

  Extract:

  As the Tribunal reiterated in consideration 3 of Judgment 3058, it is well established that the same question cannot be the subject of more than one proceeding between the same parties.

  Reference(s)

  ILOAT Judgment(s): 3058
  

  Keywords:

  parallel proceedings;
  

  
  
  

• Judgment 4309

  
  130th Session, 2020
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to reject his complaint of harassment.

  Consideration 5

  Extract:

  [T]here is a general principle of law that a person cannot simultaneously litigate the same issues in separate or concurrent proceedings (see Judgment 4085, consideration 7).

  Reference(s)

  ILOAT Judgment(s): 4085
  

  Keywords:

  general principle; parallel proceedings;
  

  
  
  

• Judgment 4286

  
  130th Session, 2020
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to reject her claim of retaliation/harassment.

  Consideration 7

  Extract:

  [The complainant's] allegations are [...] the subject of the complainant’s eighth complaint and will not be considered in this judgment by virtue of the general principle of law that a person cannot simultaneously litigate the same issues in separate or concurrent proceedings.

  Keywords:

  general principle; parallel proceedings;
  

  
  
  

• Judgment 3146

  
  113th Session, 2012
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  Although Judgment 1601, under 10 and 11, allows that “a complainant may challenge ‘a decision affecting a class of officials’”, it does not follow that an official may pursue separate appeals with respect to a decision of that kind and individual decisions affecting him that are based on a decision of the former kind. It is a general principle of law that a person may not submit the same matter for decision in more than one proceeding. Particularly is that so if separate proceedings are brought before separate bodies. That principle applies both in relation to original proceedings and appellate proceedings. As the complainant purported to lodge separate appeals before separate bodies, it was necessary for one of the appellate bodies to defer to the other. As the Administrative Council could not determine the appeal with respect to the individual decisions affecting the complainant, it was incumbent on it to defer to the President of the Office and the Internal Appeals Committee, as they, and only they, have jurisdiction to determine all aspects of the complainant’s appeals. Accordingly, the decision of the Administrative Council to refer the complainant’s appeals to the President and the Internal Appeals Committee involved no error of law.

  Reference(s)

  ILOAT Judgment(s): 1601
  

  Keywords:

  general decision; parallel proceedings;
  

  
  
  

• Judgment 3058

  
  112th Session, 2012
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "It is well established that the same question cannot be the subject of more than one proceeding between the same parties. Accordingly, to the extent that these complaints raise the very same issue raised in the proceedings in respect of which the Tribunal has issued Judgment 3056, that aspect of the present complaints must be struck out."

  Reference(s)

  ILOAT Judgment(s): 3056
  

  Keywords:

  finality of judgment; identical claims; identical facts; parallel proceedings; res judicata; same parties;
  

  
  
  

• Judgment 725

  
  58th Session, 1986
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The general rule is that identical claims may not be submitted to two different bodies. At the date of filing these claims were before the internal appeals body and they are therefore irreceivable. Nor may the same claims be twice submitted to the same instance.

  Keywords:

  identical claims; parallel proceedings; receivability of the complaint; res judicata;