Tribunal (101, 106, 107, 963,-666)
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Keywords: Tribunal
Total judgments found: 122
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Judgment 1248
74th Session, 1993
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant "applies to the Tribunal for appointment of an expert to inquire into the scientific issues. His application is disallowed because the evidence he submits casts no doubt on the soundness of the medical opinion the organisation is relying on. For the same reason the Tribunal rejects his application for hearings."
Keywords:
advisory opinion; appraisal of evidence; expert inquiry; further submissions; medical opinion; oral proceedings; refusal; tribunal;
Judgment 1247
74th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant's termination has not been justified on the grounds of serious misconduct. "Reinstatement is no longer possible. The Tribunal therefore awards him, in accordance with Article VIII of its Statute, compensation in a sum of 600 dollars, the full amount of remuneration due for the rest of his contract."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
compensation; contract; grounds; iloat statute; reinstatement; salary; serious misconduct; termination of employment; tribunal;
Judgment 1246
74th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"The procedural flaw caused the complainant injury. As to the relief she is entitled to on that account, the Tribunal holds that it is not advisable to grant her the redress that would ordinarily be the consequence of quashing the impugned decision, namely reinstatement. The Tribunal therefore exercises the discretion vested in it by Article VIII of its Statute and instead awards the complainant damages for the breach of procedure. It sets the amount at the equivalent of one year's salary and allowances."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
allowance; compensation; decision; due process; flaw; iloat statute; material damages; procedural flaw; reinstatement; right; salary; tribunal;
Judgment 1244
74th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The meaning of Article VII(1) of the Tribunal's Statute is, according to the case law, "that a complainant must not only have gone through any internal appeals procedure within his organisation but duly complied with the requirements of the rules on that procedure. Thus, if the internal appeal was irreceivable under those rules, the complaint to the Tribunal will also be irreceivable under Article VII(1)."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
case law; complaint; due process; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; procedure before the tribunal; receivability of the complaint; staff regulations and rules; tribunal;
Judgment 1242
74th Session, 1993
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
The complainant submits that the organization did not do its utmost to reinstate him in execution of Judgment 1154. WIPO's letter "does not substantiate the contention that it had. it simply conveys the Director General's decision 'not to extend [the complainant]'s appointment'. It says nothing of any attempts to find him a suitable position and thereby discharge its primary obligation under Judgment 1154. [...] The Director General had the duty to justify his decision by explaining why it was impossible to reinstate the complainant [...] only in its reply to this complaint does the organization maintain that 'there was no possibility of reinstating the complainant since there was no suitable post to which he could be appointed given his qualifications'."
Reference(s)
ILOAT Judgment(s): 1154
Keywords:
application for execution; duty to substantiate decision; good faith; judgment of the tribunal; organisation; organisation's duties; refusal; reinstatement; reply; res judicata; submissions; tribunal;
Judgment 1241
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Pleading the importance of the case the complainants [...] apply for hearings, but the who believes that the Tribunal has before it full and accurate written statements of the issues of fact and law. The Tribunal takes the same view, especially since the case turns on matters of principle, not on the personal circumstances of this, that or the other litigant."
Keywords:
oral proceedings; refusal; tribunal;
Judgment 1239
74th Session, 1993
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
WIPO has repealed former Staff Regulation 3.1, which ensured that officials, in case of fluctuation in the exchange rate between the United States dollar and the Swiss franc, would get paid a "differential" to compensate for loss in the value of the dollar. "On the whole the arrangements under the common system afford a reasonable degree of compensation for the risks inherent in fluctuations in the dollar exchange rate. There is therefore no breach of the staff's acquired rights in the organization's decision, following adoption of the general assembly's resolutions and so as to conform with the rules of the common system, to cancel a particular benefit it had earlier granted to its staff. As is held in Judgment 1241 of this day [...], a benefit granted at a particular point in time to a staff member or a group of staff members may not indefinitely preclude reforms that are in the general interest."
Reference(s)
Organization rules reference: FORMER WIPO STAFF REGULATION 3.1
ILOAT Judgment(s): 1241
Keywords:
acquired right; case law; coordinated organisations; discontinuance; exchange rate; general assembly resolution; rule of another organisation; safeguard; salary; staff regulations and rules; tribunal;
Judgment 1238
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"An employee who is wrongfully dismissed is ordinarily entitled to reinstatement. But the Tribunal may refuse to order it if it is not possible or advisable. It would not, for instance, order reinstatement if the circumstances of the dismissal were such that it would no longer be reasonably possible for the employee to perform his duties effectively or harmoniously or for the employer to continue to feel confidence or trust in him."
Keywords:
flaw; organisation's interest; reinstatement; termination of employment; tribunal; working relations;
Judgment 1233
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The Tribunal disallows the complainant's application for oral proceedings and for the hearing of at least one of her witnesses. Since it has full submissions before it and the witness she most wants it to hear has already supplied evidence in writing, hearings would serve no useful purpose."
Keywords:
oral proceedings; refusal; testimony; tribunal;
Judgment 1226
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainants apply for hearings. They have already had the opportunity of enlarging on their original submissions and on their rejoinders and of commenting on the ample evidence at their disposal. They sought leave to file submissions in answer to the surrejoinder and the disclosure of additional information and items. The interlocutory judgment granted the parties leave to file further submissions, which are now before the Tribunal. It therefore has all the material required for a final ruling. It dismisses the complainants' application as pointless."
Keywords:
additional written submissions; further submissions; interlocutory order; oral proceedings; refusal; submissions; tribunal;
Judgment 1221
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The complainant's appointment expired on 31 March 1992 and there was no reason why the organization should renew it. In the light of all the material circumstances, including her behaviour, the Tribunal disallows her claim to reinstatement."
Keywords:
complainant; conduct; contract; fixed-term; non-renewal of contract; refusal; reinstatement; request by a party; tribunal;
Judgment 1206
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3 and 5
Extract:
The complainant objects to the period of service taken into account for the reckoning of his pension entitlements. "The Tribunal is not competent to make any ruling on the application of the Fund's Regulations and therefore declines to entertain the complaint."
Keywords:
competence of tribunal; pension; pension entitlements; tribunal; unjspf;
Judgment 1197
73rd Session, 1992
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14, Summary
Extract:
Since the Organization has remained silent at all stages of the proceedings on various questions raised by the complainant, being "prevented from ruling on the issues before it the Tribunal adjourns review of the merits of the case pending further information and argument." It accordingly orders further submissions.
Keywords:
further submissions; interlocutory order; judicial review; reply; tribunal;
Judgment 1192
73rd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
One of the complainants "asks the Tribunal to 'admonish/censure the concerned staff officers of WHO' for a behaviour he describes and reproves. Such claims betray an utter misconception of the Tribunal's competence: suffice it to observe that the Tribunal will not declare what policies an organisation should adopt in future or hand out reprimands."
Keywords:
competence of tribunal; judicial review; tribunal; vested competence;
Judgment 1127
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 32
Extract:
"The Tribunal will not entertain the organisation's counterclaim to an award of costs against the complainant for abuse of process."
Keywords:
costs; counterclaim; refusal; tribunal; vexatious complaint;
Consideration 14
Extract:
"There is no requirement in the Rules that [the report of an advisory body] should be communicated to the official before the Director General takes his decision. In any event the complainant has had the opportunity of addressing the contents of the report in her pleadings to the Tribunal."
Keywords:
advisory body; advisory opinion; disclosure of evidence; lack of injury; report; right to reply; tribunal;
Judgment 1115
71st Session, 1991
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Organization objects to [the] production [of certain items of evidence] on the grounds of privilege but not to the Tribunal's seeing the documents and ruling on the plea of privilege. The complainant being in agreement with that course of action, the Tribunal has ordered the Organization to disclose to it the notes and correspondence. Having read the documents disclosed, the Tribunal upholds the plea of privilege."
Keywords:
appraisal of evidence; complainant; confidential evidence; disclosure of evidence; request by a party; tribunal;
Judgment 1113
71st Session, 1991
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Even though [the] complaint is dismissed, "the Tribunal will not entertain CERN's counter-claim to an award of costs against [the complainant]."
Keywords:
costs; counterclaim; refusal; tribunal;
Judgment 1102
71st Session, 1991
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complaint being plainly irreceivable, the EPO applied for and got leave from the Tribunal to confine its reply to receivability.
Keywords:
acceptance; reply confined to receivability; tribunal;
Judgment 1100
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complaint is premature. The organisation claims an award of costs against the complainant. "In Judgment 885 the Tribunal addressed the issue of abuse of the right of appeal. It said that it was for the Tribunal itself to determine whether a complainant had abused that right and, if so, what ruling was fitting in the circumstances. In Judgment 1056, however, it held that such a ruling may not include an award of costs against the complainant."
Reference(s)
ILOAT Judgment(s): 885
Keywords:
case law; costs; counterclaim; iloat; refusal; tribunal; vexatious complaint;
Judgment 1065
70th Session, 1991
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5, Summary
Extract:
The complainant objects to the members of the Tribunal and to the members of the EPO Appeals Committee. "His attitude and language are [...] inadmissible. As in Judgments 933, 934 and 935 the Tribunal again deplores his offensive manner of putting his case."
Reference(s)
ILOAT Judgment(s): 933, 934, 935
Keywords:
composition of the internal appeals body; internal appeals body; recusal; tribunal;
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