Decision quashed (124, 125, 126, 842, 128, 129, 130, 131, 132,-666)
You searched for:
Keywords: Decision quashed
Total judgments found: 397
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Judgment 3080
112th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; same-sex marriage; same-sex partnership;
Judgment 3079
112th Session, 2012
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
compensation; complaint allowed; complaint dismissed; decision quashed; overtime;
Judgment 3074
112th Session, 2012
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; terms of appointment;
Judgment 3073
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
competition; complaint allowed; decision quashed; selection procedure;
Judgment 3071
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; complaint dismissed; decision quashed; harassment; non-renewal of contract;
Judgment 3070
112th Session, 2012
International Office of Epizootics
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; duty to inform; work appraisal;
Judgment 3068
112th Session, 2012
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; conciliation; decision quashed; delay in internal procedure;
Judgment 3067
112th Session, 2012
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; conciliation; decision quashed; delay in internal procedure;
Judgment 3065
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
adversarial proceedings; complaint allowed; decision quashed; flaw; inquiry; investigation;
Judgment 3064
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; harassment; inquiry; investigation;
Judgment 3062
112th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; performance report;
Judgment 3057
112th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
annual leave; complaint allowed; decision quashed; sick leave;
Judgment 3055
112th Session, 2012
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
budgetary reasons; complaint allowed; decision quashed; separation from service; termination of employment;
Judgment 3034
111th Session, 2011
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; pension;
Judgment 3020
111th Session, 2011
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
WTO Staff Rule 106.11 provides that "[n]ational income tax on salaries, allowances, indemnities or grants paid by the WTO shall be refunded to the staff member by the WTO." The complainant considers that her salary is indirectly taxed, because it is included in the assessment of her husband's rate of income tax. The Organization rejected her claims for reimbursement of what she describes as "over-taxation by the Swiss tax authorities". The Tribunal holds that "[t]he refusal to provide compensation for the additional amount of tax unfairly levied on the couple's income solely because of the complainant's earned income, although it was exempt from taxation, would have a paradoxical effect. A rule designed to guarantee equal wages would lead to unjustifiable inequality between an official whose earned income was unduly taxed although it was by law exempt from taxation and an official whose tax-exempt salary was taken into account for assessment purposes, thus reducing his/her spouse's disposable income after tax and therefore his/her economic capacity from which the official living with him/her naturally benefits. The impugned decision is therefore unlawful."
Reference(s)
Organization rules reference: WTO Staff Rule 106.11
Keywords:
allowance; breach; compensatory allowance; decision quashed; deduction; domestic law; effect; equal treatment; grounds; marital status; official; organisation; payment; purpose; rate; reckoning; recovery of overpayment; reduction of salary; refund; refusal; request by a party; safeguard; salary; staff regulations and rules; status of complainant; tax; written rule;
Judgment 2861
107th Session, 2009
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; en banc review; misconduct; plenary judgment; termination of employment;
Judgment 2860
107th Session, 2009
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; dependant; en banc review; plenary judgment; same-sex partnership;
Judgment 2771
106th Session, 2009
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; disciplinary measure; sexual harassment;
Judgment 2706
104th Session, 2008
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; sexual harassment;
Judgment 2656
103rd Session, 2007
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant submits that the disciplinary measure imposed on him lacks proportionality. "In this respect, it may be noted that lack of proportionality is to be treated as an error of law warranting the setting aside of a disciplinary measure even though a decision in that regard is discretionary in nature (see Judgments 203 and 1445). In determining whether disciplinary action is disproportionate to the offence, both objective and subjective features are to be taken into account and, in the case of dismissal, the closest scrutiny is necessary (see Judgment 937)."
Reference(s)
ILOAT Judgment(s): 203, 937, 1445
Keywords:
breach; decision quashed; disciplinary measure; discretion; exception; judicial review; misconduct; proportionality; termination of employment;
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