Case sent back to organisation (130,-666)
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Keywords: Case sent back to organisation
Total judgments found: 168
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Judgment 3158
114th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the lawfulness of the decision not to reimburse the pharmaceutical products prescribed by his doctor.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; health insurance; medical expenses;
Judgment 3144
113th Session, 2012
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; performance evaluation;
Judgment 3134
113th Session, 2012
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; pension; transfer of pension rights;
Judgment 3127
113th Session, 2012
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
abolition of post; case sent back to organisation; complaint allowed; decision quashed; reorganisation;
Judgment 3098
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; termination of employment;
Judgment 3089
112th Session, 2012
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; harassment;
Judgment 3083
112th Session, 2012
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; summary dismissal;
Judgment 3082
112th Session, 2012
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; reclassification;
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 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 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;
Consideration 21
Extract:
[W]hen it appears that a complainant has been unlawfully denied the benefit of his or her right to an internal appeal, the Tribunal often decides – in some instances on its own initiative – to refer the case back to the organisation rather than examine its merits. A further consideration justifying this solution is that it is, of course, quite possible that a review of the impugned decision by internal appeal bodies will suffice to settle the dispute definitively. The Tribunal has already had occasion to refer cases back to an organisation, with a view to their being submitted to the competent appeal body, in a variety of circumstances similar to those of the instant case. In one case, the executive head of an organisation had not forwarded to the appeal body an appeal which he had misinterpreted (see Judgment 1007); in another, an appeal lodged with the competent body had wrongly been dismissed as being time-barred (see [...] Judgment 2781). This course of action is also frequently taken in cases where, even though a complainant’s internal appeal has been examined by the competent body, the Tribunal finds that this did not occur under satisfactory conditions, because not all the evidence was borne in mind, for example, or because of a procedural flaw, and it is therefore desirable that the matter should be resubmitted to the appeal body (see, for example, Judgments 999, 2341, 2370, 2424 or 2530).
Reference(s)
ILOAT Judgment(s): 999, 1007, 2341, 2370, 2424, 2530, 2781
Keywords:
case sent back to organisation; internal appeal;
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 3056
112th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; invalidity; medical board;
Judgment 3053
112th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Ordinarily, if an internal appeals body wrongly declines jurisdiction, the decision to that effect will be set aside and remitted for further consideration in accordance with the relevant internal appeal procedures."
Keywords:
case sent back to organisation; competence; internal appeal; internal appeals body; refusal;
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 2930
109th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Although the complainant asks for specific “box markings” in his 2000-2001 staff report, this is not a matter for the Tribunal. The matter must be remitted to the EPO to prepare a new staff report for the relevant period. Given the finding of prejudice on the part of the reporting officer, the new report must be drawn up by another officer based on the relevant documentation.
Keywords:
case sent back to organisation; competence of tribunal; performance report; rating;
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 2057
91st Session, 2001
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
adjustment; case sent back to organisation; complaint allowed; decision quashed; en banc review; plenary judgment; salary;
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