Decision quashed (124, 125, 126, 842, 128, 129, 130, 131, 132,-666)
You searched for:
Keywords: Decision quashed
Total judgments found: 397
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20
Judgment 1007
68th Session, 1990
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's first internal appeal against the denial of promotion was considered receivable but failed. A second appeal which he filed one year later was not treated as such by the organization. The second appeal had the same wording at the beginning and end as the first. The Tribunal holds that the Director-General should have treated the appeal as such and forwarded it to the secretariat of the Joint Advisory Appeals Board in keeping with Article R B 2.07 of Annex R B 2 of the CERN Staff Regulations. The case is remitted to the organization.
Reference(s)
Organization rules reference: ARTICLE R B 2.07 OF ANNEX R B 2 OF THE CERN STAFF RULES
Keywords:
case sent back to organisation; decision quashed; formal requirements; further submissions on the merits; internal appeal; receivability of the complaint;
Judgment 999
68th Session, 1990
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Breach of the Staff Regulations and of general principles, including breach of due process, is a flaw in the appeal proceedings which also taints the impugned decision, and for that reason the [final] decision [to confirm the complainant's dismissal for grave misconduct] cannot stand. What does stand, however, since it is only the appeal proceedings that were improper, is the prior decision [of dismissal]." "The complainant duly filed his internal appeal with the Regional Board, and the Organization shall resume the internal appeal proceedings. The competent authorities shall reconsider the internal appeal in the light of the submissions already made by WHO and by the complainant and any further submissions the parties may make in adversarial proceedings".
Keywords:
case sent back to organisation; decision quashed; flaw; internal appeal; misconduct; procedural flaw; right to reply; termination of employment;
Judgment 997
68th Session, 1990
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"By virtue of Judgment 996 the complainant is entitled to reinstatement with full arrears of salary and allowances. The benefits he would have been entitled to but for dismissal included home leave for himself and his family [...]. Should [his family] choose to travel at another time the cost of their home leave will be due to him by virtue of Judgment 996."
Reference(s)
ILOAT Judgment(s): 996
Keywords:
allowance; consequence; decision quashed; home leave; refund; reinstatement; right; salary; termination of employment;
Judgment 574
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The organisation pleads that the complaint fails by the doctrine of res judicata, in view of the fact that the complainant was an intervener in Judgment No. 365. The plea was dismissed on the grounds that the substance of the two claims was not the same: the first claim challenged a measure which had the force of a rule whereas the second concerned a decision of an individual nature. The case is referred back to the President for a new decision. The Tribunal stressed that the organisation should not have based its reply solely on res judicata, refraining from arguing the merits without having been granted permission to do so by the Tribunal.
Reference(s)
ILOAT Judgment(s): 365
Keywords:
case sent back to organisation; decision quashed; further submissions on the merits; general decision; individual decision; intervention; reply confined to receivability; res judicata; same purpose;
Judgment 522
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
An objection to receivability resting on the lateness of the complainant's internal appeal fails. The matter should be examined by the Internal Appeals Body on the merits. [The problem is one of copyright.] Compensation for "legal costs incurred to date. The other remedies requested do not arise for consideration at this stage."
Keywords:
case sent back to organisation; costs; decision quashed; further submissions on the merits; reply confined to receivability;
Judgment 427
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
A provision which stipulates that special leave may be granted with full, partial or no pay "for training or research in the interests of the Bureau or for other valid reasons [...] does not give authority to the Director to order special leave for any reason he considers to be valid; the reason must be advanced by the staff member and only then is the Director empowered to judge its validity. The decision to 'place you on special leave' [...] must therefore be quashed".
Keywords:
decision quashed; discretion; executive head; grounds; purpose; special leave; training;
Judgment 424
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The complainant [...] had to wait six months for his promotion. It is immaterial whether the long and futile delay was the fault of any PAHO body. All that need be said is that it was entirely due to the way in which PAHO bodies worked and that the organization should make good the wrong by transferring the complainant with effect from the date on which he ought normally to have been transferred [...]. The organization shall [...] pay the complainant the difference between the sums due and those actually paid to him [...] and shall correct his personnel records accordingly."
Keywords:
administrative delay; date; decision quashed; effective date; promotion;
Judgment 392
43rd Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4, 6, 7 and 8
Extract:
Abandonment presupposes intention, which is to be assumed, under the applicable provision, from the fact of absence without explanation for fifteen days. The complainant failed to report as ordered to her chief. "By challenging the order in the manner prescribed by the Regulations, the complainant was affirming the contract, not abandoning it." An appeal entered for the purpose of delay will not do. The complainant had a bona fide case. The decision to terminate her appointment for abandonment of post must therefore be quashed.
Keywords:
abandonment of post; decision quashed; termination of employment; unauthorised absence;
Judgment 373
42nd Session, 1979
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was transferred improperly. "Positions which are graded at the same level may nevertheless differ considerably in status and prestige. The Tribunal agrees [...] that the complainant has lost the professional standing that the post of regional adviser gives. Moreover, the transfer was handled in such a way as to give the impression that she was being edged out of her position for reasons unstated; this must have caused her personal distress."
Keywords:
decision quashed; flaw; moral injury; professional injury; transfer;
Judgment 359
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
It is not desirable to allow the complainant's claim for reinstatement. "It does not appear from the dossier that [the organization] could at present make use of his services in any vacant post. [T]he sum of one year's salary will compensate the prejudice for which he is entitled to damages." [17 years' service; non-renewal of appointment resulting from abuse of authority.]
Keywords:
amount; contract; damages; decision quashed; fixed-term; non-renewal of contract; reinstatement;
Judgment 203
30th Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The decision is quashed. The complainant's reinstatement would be inadvisable. "[H]aving regard to all the circumstances, therefore, in particular to the seriousness of his misbehaviour, the length of his employment, and the amount of his salary and termination benefits, the Tribunal awards the complainant compensation in the amount of one million Italian lira."
Keywords:
amount; contract; criteria; decision quashed; material damages; permanent appointment; proportionality; serious misconduct; termination of employment;
Judgment 194
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant's plea that the impugned decision should be quashed as being based on insufficient grounds succeeds. "[I]t is [...] for the Director-General to reopen the case and to consider, by such means as he may deem appropriate and after giving a hearing to [the complainant], whether the appraisal made by her immediate supervisor was well-founded and whether the non-confirmation of her appointment could legitimately be based on the provisions" cited.
Keywords:
case sent back to organisation; decision quashed; duty to substantiate decision; grounds; judicial review; probationary period; termination of employment; unsatisfactory service;
Judgment 181
27th Session, 1971
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"[T]he Director-General was at fault in ruling that the complainant's appeal to the Appeals Board was time-barred [...]. The decision impugned must accordingly be quashed." The case is referred back to the organization for a decision on the merits.
Keywords:
case sent back to organisation; decision quashed; further submissions on the merits; internal appeal; receivability of the complaint; refusal; reply confined to receivability; time bar; tribunal;
Judgment 138
22nd Session, 1969
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The authority in this case has refused to look into the facts of [the complainant's] case because of the self-imposed rule on itself that the maintenance of two households can under no circumstances entitle an expatriate employee to an educational grant. This in the judgment of the Tribunal was an error of law which entailed the non-exercise of a discretion."
Keywords:
allowance; case sent back to organisation; decision quashed; education expenses; flaw; marital status; parents separated; refusal;
Judgment 124
20th Session, 1968
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant seeks the rescission of decisions 1) cancelling the loan agreement and 2) deducting sums from his salary until repayment of his debt to the organization. The Tribunal is competent to rule on the second claim for relief. The lawfulness of the second decision depends on the lawfulness of the first. The Director-General accepted the finding of the Appeals Board that it was not competent to consider the appeal concerning cancellation of the loan and dismisses the appeal relating to salary deductions on its merits without going into the first claim. The complainant is referred back for a new decision on all the submissions, after taking account of the opinion of the appeals body.
Keywords:
application for quashing; case sent back to organisation; competence of tribunal; debt; decision quashed; deduction; loan; organisation; salary;
Judgment 94
16th Session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"By Judgment No. 90 [...] the Tribunal quashed the decision [...] dismissing [the complainant], thereby finding that his reinstatement was possible and not inadvisable; this judgment, which disposes of the issues raised is final, and the organization cannot reopen these issues." [The organization submitted that it had been unable to make its objections to reinstatement in time and that such reinstatement was moreover impossible; it asked the Tribunal to award compensation in lieu of reinstatement.]
Reference(s)
ILOAT Judgment(s): 90
Keywords:
decision quashed; execution of judgment; finality of judgment; judgment of the tribunal; material damages; reinstatement; res judicata; termination of employment;
Judgment 90
15th Session, 1965
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was dismissed without advance notice in violation of the applicable provision. The decision is quashed.
Keywords:
breach; decision quashed; organisation's duties; provision; staff regulations and rules; termination of employment; unsatisfactory service; warning;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20
|
