Case sent back to organisation (130,-666)
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Keywords: Case sent back to organisation
Total judgments found: 162
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Judgment 4468
133rd Session, 2022
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision refusing to submit the alleged increase in her whole person impairment rating to the Medical Board and to reject her claim for compensation based on this alleged increase.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; patere legem; service-incurred;
Judgment 4464
133rd Session, 2022
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the WTO’s refusal to recognise the illness from which he states he suffers as service-incurred.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; medical board; service-incurred;
Judgment 4460
133rd Session, 2022
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to impose upon her the disciplinary measure of discharge after due notice.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; discharge with notice; disciplinary measure;
Judgment 4447
133rd Session, 2022
International Olive Council
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the withdrawal of some of her functions, arguing that such removal amounted to de facto demotion.
Consideration 15
Extract:
The complainant’s claim for material damages may only be realized if she prevails on her substantive pleas […]. Inasmuch as the present complaint succeeds on procedural grounds and the case will be remitted to the IOC, her claim for material damages remains in abeyance.
Keywords:
case sent back to organisation; material injury; procedural flaw;
Consideration 15
Extract:
Given this irregularity in the internal appeal procedure, the case will be remitted to the IOC to be heard by a newly constituted Joint Committee and for a new decision to be taken by the Executive Director on its opinion.
Keywords:
case sent back to organisation; procedural flaw;
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; demotion;
Judgment 4431
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges a decision of the Administrative Council introducing new rules for employees of the European Patent Office concerning the right to strike.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; general decision; internal appeal; right to strike; strike;
Judgment 4429
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge a statement of the President of the European Patent Office alleging defamation.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed;
Judgment 4396
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to reimburse him the notary fees which he incurred for the certification of his signature on the annual declaration required for recipients of an invalidity allowance.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; internal appeal;
Judgment 4394
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision deriving from the Administrative Council’s decision CA/D 2/15 to require the recipients of the new retirement pension for health reasons to cease performing gainful activities or employment or to refrain from performing such activities or employment.
Judgment keywords
Keywords:
case sent back to organisation; cause of action; complaint allowed;
Judgment 4393
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the reduction in his total net remuneration following his promotion to a higher grade arguing that it constitutes a breach of Article 49(13) of the Service Regulations.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; promotion; salary;
Judgment 4349
131st Session, 2021
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to consider his harassment complaint closed.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; harassment;
Judgment 4342
131st Session, 2021
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to select him for the position of Deputy General Counsel.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; selection procedure;
Judgment 4341
131st Session, 2021
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to shortlist him for the position of General Counsel.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; selection procedure;
Judgment 4313
130th Session, 2020
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the International Labour Office, challenges the decision to dismiss her harassment grievance.
Considerations 8-9
Extract:
Where the investigation into a harassment complaint is found to be flawed, the Tribunal will ordinarily remit the matter to the organisation concerned so that a new investigation can be conducted. However, the complainant does not wish for it to do so since she left the ILO on health grounds and, in her view, a fresh investigation would cause her additional suffering and might further jeopardise her health. She requests that the Tribunal itself consider the merits of her grievance concerning the alleged harassment. In that regard, she cites Judgment 3170, under 25.
In view of the time which has elapsed since the disputed events, and as the complainant has now left the Organization, it would no longer serve any useful purpose to order the holding of a fresh investigation.
Reference(s)
ILOAT Judgment(s): 3170
Keywords:
case sent back to organisation; harassment; inquiry; investigation;
Judgment 4299
130th Session, 2020
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss his claim for moral damages for harassment.
Consideration 8
Extract:
Even if [...] the Director General erred in the impugned decision in affording the OIOS report a status it did not warrant and declining to consider the matter himself, no purpose would be served by setting the decision aside and remitting the matter to the IAEA. The complainant has not been a staff member of the IAEA for over four years. Plainly enough, the IAEA does not now have any obligation to ensure the complainant is not harassed in the workplace. Indeed, [...] the complainant was no longer a staff member at the time he submitted his harassment complaint [...], a year after his separation from service. Resolving his grievance for this purpose of ascertaining whether there had been harassment and, if so, protecting the complainant in the workplace would be manifestly futile.
Keywords:
case sent back to organisation; harassment;
Judgment 4298
130th Session, 2020
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject his claim for compensation for a service-incurred disability.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; illness; service-incurred;
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 19
Extract:
In light of the [...] findings, the Tribunal would in principle set aside the impugned decision and remit the matter to the organization concerned. However, in view of the effluxion of time that course of action would be impracticable. The complainant is no longer a staff member of WIPO and the result of her harassment complaint is yet to be determined. The Tribunal concludes that the complainant suffered moral injury [...].
Keywords:
case sent back to organisation; moral injury;
Judgment 4276
130th Session, 2020
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his performance appraisal under the new merit recognition system established following the 2015 five-yearly review.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; performance evaluation;
Judgment 4273
130th Session, 2020
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge their classification in the new career structure established following the 2015 five-yearly review.
Consideration 28
Extract:
Ordinarily, the Tribunal would [...] set aside the Director-General’s decisions [...] endorsing the recommendations of the Joint Advisory Appeals Board and refer the cases back to the Organization for the Board to deliver new, properly reasoned opinions.
However, it will not do so here since, in the proceedings before the Tribunal, the complainants have raised – and expounded at length – their pleas concerning the procedural flaws and lack of transparency to which the Joint Advisory Appeals Board did not respond. As the Tribunal has examined these pleas, there is no need to refer the cases back to the Board.
Keywords:
case sent back to organisation;
Judgment 4222
129th Session, 2020
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the refusal of UNESCO to award full compensation for the injury suffered as a result of an accident recognized as being service-incurred.
Consideration 14
Extract:
At this stage of its findings, the Tribunal should normally refer the case back to the Organization for the Appeals Board to examine the complainant’s appeal. However, given the length of time since the events and the fact that the case has already been remitted to UNESCO by Judgment 3397, the Tribunal will not do so again in the instant case and will itself examine the merits of the complainant’s claims.
Reference(s)
ILOAT Judgment(s): 3397
Keywords:
case sent back to organisation;
Judgment 4213
129th Session, 2020
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject his claims of harassment and constructive dismissal.
Consideration 14
Extract:
The Tribunal finds that the Executive Secretary did not give the reasons for his disagreement with the conclusions contained in the investigation report. Accordingly the impugned decision [...] must be set aside and the case sent back to the Commission for the Executive Secretary to take a new decision concerning the alleged harassment [...] and the linked issue of constructive dismissal.
Keywords:
case sent back to organisation;
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; harassment; motivation;
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