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 4211
129th Session, 2020
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns what she considers to be an implied rejection of her claims of moral and sexual harassment and abuse of authority.
Consideration 13
Extract:
As a decision has not been taken, the matter will be remitted to IOM to take such steps as are necessary to reach a motivated express final decision in relation to the complainant’s claims of harassment and abuse of authority. Upon receipt of such decision, it will be for the complainant to determine what action, if any, should be taken.
Keywords:
case sent back to organisation;
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; harassment; implied rejection of internal appeal; internal remedies exhausted;
Judgment 4184
128th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant mainly challenges the alleged misuse of short-term contracts in her case, the non-extension of her last contract and the allegedly incorrect classification of her job.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; internal appeal; late appeal;
Consideration 6
Extract:
[T]he impugned decision [...] must be set aside. The case will be remitted to the Organization so that the complainant’s grievance, which has thus wrongly been declared irreceivable, may be examined by the JAAB and that a new decision may be taken by the Director-General on the complainant’s grievance.
Keywords:
case sent back to organisation;
Judgment 4180
128th Session, 2019
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her appeal against the decision to abolish her post and terminate her appointment, the decision not to shortlist her for a specific position and the decisions not to select her for three other positions.
Consideration 11
Extract:
The Tribunal would normally remit the matter to the ICC so that a proper investigation regarding the complainant’s harassment complaint could be conducted. However, in this case, in view of the fact that the complainant is no longer employed with the ICC and given the passage of time since the alleged events leading to the harassment complaint occurred, remitting the matter to the ICC would serve no useful purpose. Nevertheless, since the complainant was denied the right to have her harassment complaint duly investigated, and also taking due note of the fact that she could have initiated the formal procedure directly with the Registrar in accordance with Section 7.1 of the Instruction, the complainant will be awarded moral damages [...].
Keywords:
case sent back to organisation; harassment;
Judgment 4170
128th Session, 2019
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her performance reports for the 2010-2011 biennium and the decisions to defer her within-grade salary increment until 1 February 2012, to withhold that increment on that date and to not renew her fixed-term appointment for unsatisfactory service.
Consideration 8
Extract:
At this stage in its findings, the Tribunal should normally refer the case back to UNESCO for the Appeals Board to re-examine the complainant’s appeal. However, given the length of time since the events and for the sake of procedural efficiency, the Tribunal will not do so and will itself assess the lawfulness of the Director-General’s decision [...].
Keywords:
case sent back to organisation;
Judgment 4169
128th Session, 2019
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her performance report for the 2008-2009 biennium and the decision to defer her within-grade salary increment until 1 February 2011.
Consideration 6
Extract:
At this stage in its findings, the Tribunal should normally refer the case back to UNESCO for the Appeals Board to re-examine the complainant’s appeal. However, given the length of time since the events and for the sake of procedural efficiency, the Tribunal will not do so and will itself assess the lawfulness of the Director-General’s decision [...].
Keywords:
case sent back to organisation;
Judgment 4117
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the finding that his invalidity was not caused by an occupational disease.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; invalidity; medical board; service-incurred;
Consideration 8
Extract:
The matter must be remitted to the EPO for a differently constituted Medical Committee to consider the experts’ report [...], and related reports, and to provide an opinion on whether the complainant’s invalidity was caused by an occupational disease.
Keywords:
case sent back to organisation;
Judgment 4066
127th Session, 2019
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to promote her in the 2013 promotion exercise.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; personal promotion; promotion;
Consideration 11
Extract:
It is not within the Tribunal’s competence to promote the complainant to the P-4 grade. However, as the impugned decision will be set aside, the matter will be remitted to the FAO for it to reconsider the decision not to promote her to the P-4 grade in 2013.
Keywords:
case sent back to organisation; competence of tribunal; promotion; ratione materiae;
Consideration 11
Extract:
It is not within the Tribunal’s competence to promote the complainant to the P-4 grade. However, as the impugned decision will be set aside, the matter will be remitted to the FAO for it to reconsider the decision not to promote her to the P-4 grade in 2013.
Keywords:
case sent back to organisation;
Judgment 4065
127th Session, 2019
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: In his second complaint, the complainant challenges the decision to dismiss him, while he was on sick leave, for misconduct. In his third complaint, he challenges the dismissal decision on the merits.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; misconduct; sick leave; termination of employment;
Consideration 8
Extract:
It is observed that [the administration] informed the complainant [...] that the discussion pursuant to Manual paragraph 330.3.26 was not mandatory. [...] This was mistaken as the discussion under Manual paragraph 330.3.26 is mandatory because of the language of that provision, which is in contradistinction to the language contained in Manual paragraph 330.3.27. Moreover, it was intended to confer a right on the complainant to complete his defence orally in a discussion with the officer who initiated the disciplinary procedure.
This right was denied and this is a material flaw which requires setting aside the impugned decision in both complaints as well as the initial decision of 17 September 2014. The case will be remitted to the FAO to complete the process by complying with Manual paragraph 330.3.26 and the following paragraphs of the procedure.
Keywords:
case sent back to organisation;
Judgment 4052
126th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to subject him to disciplinary proceedings after his separation from the EPO and to impose upon him the disciplinary measure of a reduction by one third in the amount of his retirement pension.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; disciplinary measure;
Considerations 14-15
Extract:
The fact that the President, contrary to the Administrative Council’s instruction, did not consider that possibility [of involvement of an external reviewer or of arbitration or mediation] before adopting the impugned decision, which was the final decision on the disciplinary proceedings against the complainant, constitutes a material flaw that renders the impugned decision unlawful.
[T]he impugned decision of 13 June 2016 must be set aside, as must the earlier decision of 18 February 2016, and the case must be sent back to the President of the Office for a new examination, which shall take into account the instruction to the President contained in Administrative Council Resolution CA/26/16.
Keywords:
case sent back to organisation;
Judgment 4047
126th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to impose on her with immediate effect the disciplinary measure of dismissal for serious misconduct.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; serious misconduct; termination of employment;
Consideration 14
Extract:
In the President’s impugned decision [...], no reference is made to the application of the appropriate standard of proof. In all the circumstances, it cannot be assumed that it was applied. In the result, the impugned decision to dismiss the complainant should be set aside because in assessing the complainant’s guilt it is not demonstrated that the appropriate standard of proof was applied, namely proof beyond reasonable doubt. The matter should be remitted to the EPO to enable a Disciplinary Committee, differently constituted, to consider the matter under Article 102 of the Service Regulations and for the President to make a fresh decision.
Keywords:
case sent back to organisation;
Judgment 4040
126th Session, 2018
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her request for the reclassification of her post.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; post classification;
Consideration 16
Extract:
The Tribunal is satisfied that the Director erred in identifying error on the part of the GAC [...], in the decision of 7 October 2015. The impugned decision of 18 April 2016 dismissing the internal complaint was based on that earlier decision. Accordingly, the impugned decision should be set aside as should the decision of 7 October 2015. The matter should be remitted to the ILO for the Director of the Centre to reconsider the report of the GAC and make a new decision.
Keywords:
case sent back to organisation;
Judgment 4028
126th Session, 2018
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge Service Order No.14/10 changing the health insurance scheme at the ITU, as well as individual decisions implementing that service order.
Consideration 8
Extract:
At this stage of the proceedings, the Tribunal would ordinarily set aside the impugned decision and remit the case to the ITU for the appeal to be given proper consideration. However, in the particular circumstances of the case, the Tribunal does not consider this course appropriate, since it would prolong detrimental uncertainty as to the lawfulness of the new health insurance scheme to which the ITU’s current and former staff members are affiliated. The Tribunal will hence rule on the complainants’ submissions regarding the lawfulness of the scheme.
Keywords:
case sent back to organisation;
Judgment 4027
126th Session, 2018
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the lawfulness and outcome of several competitions in which he participated.
Consideration 5
Extract:
At this stage of the proceedings, the Tribunal would ordinarily remit the case to the organisation for the Appeal Board to re-examine the complainant’s appeal. However, having regard in particular to the time that has elapsed since the events and to the importance of a final determination as to the lawfulness of the disputed competitions, the Tribunal will not do so in this case but will itself examine the complainant’s pleas in respect of the contested decisions concerning these competitions.
Keywords:
case sent back to organisation;
Judgment 4001
126th Session, 2018
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to confirm the appointment of Ms S. to the post of Head of the Caribbean Section.
Judgment keywords
Keywords:
appointment; case sent back to organisation; complaint allowed; decision quashed; selection procedure;
Consideration 19
Extract:
Given the findings that the complaint is well founded on the two pleas on the conclusions [...], the impugned decision [...], as well as the Director General’s prior decision to appoint Ms S. to the contested post, will be set aside. [...] The case will be remitted to WIPO for the Director General to obtain a new recommendation from the Appointment Board on the applications originally submitted and to take a new decision.
Keywords:
case sent back to organisation;
Judgment 3972
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to impose upon him the disciplinary measure of dismissal for misconduct.
Consideration 16
Extract:
[I]t is appropriate to grant the same relief to the complainant in these proceedings as ordered by the Tribunal in Judgment 3887. Accordingly,the decision of 25 November 2015 will be set aside in the part regarding confirmation of dismissal for misconduct in accordance with Article 93(2)(f) of the Service Regulations, as will the same part of the earlier decision of 1 July 2015. The case will be sent back to the EPO for further consideration by the Disciplinary Committee, which will request a medical assessment of the complainant's health (even, if necessary, only on the basis of documents) and, if necessary, the convening of a Medical Committee.
Reference(s)
ILOAT Judgment(s): 3887
Keywords:
case sent back to organisation;
Judgment 3969
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the EPO’s decision to impose upon her the disciplinary measure of downgrading.
Considerations 10 and 16
Extract:
The overarching legal principles in a case such as the present have recently been discussed by the Tribunal in Judgment 3862, consideration 20. The Tribunal observed:
“The executive head of an international organisation is not bound to follow a recommendation of any internal appeal body nor bound to adopt the reasoning of that body. However an executive head who departs from a recommendation of such a body must state the reasons for disregarding it and must motivate the decision actually reached. [...]"
[In the present case], the President has failed to adequately motivate his conclusions and decision for departing from the conclusions of the Disciplinary Committee, failed to establish beyond a reasonable doubt that the complainant acted in bad faith, and failed to adequately motivate his ultimate conclusion on the disciplinary sanction he imposed and the reasons for it with specific reference to all mitigating circumstances. His decision should be set aside and the matter remitted to the EPO to enable the President to make a new decision.
Reference(s)
ILOAT Judgment(s): 3862
Keywords:
case sent back to organisation; disciplinary procedure; duty to substantiate decision; final decision;
Judgment 3962
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to downgrade her, reassign her to another position and place her on an additional period of probation.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; disciplinary procedure; downgrading; reassignment;
Consideration 16
Extract:
In identifying [...] flaws in the decision-making of the President, the Tribunal is not seeking to suggest that the President and those advising him were not acting with the interests of the complainant in mind having regard to her personal circumstances. But there were [...] flaws in the process and the impugned decision should be set aside. The matter will be remitted to the EPO to undertake the evaluation provided for in Article 52 [of the Service Regulations].
Keywords:
case sent back to organisation;
Judgment 3948
125th Session, 2018
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to renew her fixed-term contract.
Consideration 9
Extract:
In the normal course of things, this case would be remitted to IOM for a decision to be issued in accordance with the foregoing guidance. This will not however be done in the present case given the time which has already elapsed, the fulsome nature of the submissions, including submissions on the merits, the evidence produced by the parties, and the fact that vitiating errors are obvious in the impugned decision.
Keywords:
case sent back to organisation;
Judgment 3943
125th Session, 2018
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants seek a redefinition of their employment relationships.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; conversion of contract; decision quashed;
Considerations 7 and 8
Extract:
[T]he Director General was wrong to dismiss the complainant's internal appeals as irreceivable [...]. The impugned decisions must therefore be set aside, without there being any need for the Tribunal to rule on the other issues raised by the complainants, including that of the receivability of the internal appeals on which the Appeals Board did not give an opinion, nor to grant the application of one complainant for oral proceedings.
Keywords:
case sent back to organisation;
Judgment 3936
125th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who held the grade P-5 post of Head of UNESCO’s National Office in Kinshasa, challenges the decision to transfer her to Paris.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; transfer;
Considerations 7-9
Extract:
[T]he Director-General wrongly dismissed the complainant's appeal as time-barred, since it was submitted within the two-month period running from her receipt of the mémorandum of 1 March 2013.
It ensues from the foregoing that the Director-General's decision of 10 December 2015 must be set aside.
The case will be remitted to UNESCO for the Appeals Board to examine the appeal that had been submitted to it by the complainant.
Keywords:
case sent back to organisation;
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