Claim (18, 19, 647, 20, 92, 675,-666)
You searched for:
Keywords: Claim
Total judgments found: 141
< previous | 1, 2, 3, 4, 5, 6, 7, 8 | next >
Judgment 1485
80th Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant's claim to moral damages fails because he is not "challenging any final administrative decision or decisions and because its wording is too vague for it to be entertained."
Keywords:
claim; vague claim;
Judgment 1450
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
Having been denied permanent appointments, the complainants are seeking compensation failing reinstatement. The EPO pleads that the claim is irreceivable for failure to exhaust the internal remedies open to them. "The EPO fails in its preliminary objection to the complainants' claim to damages. [...] It may not refuse the complainants access to the appeal procedure on the grounds that they are 'auxiliary' staff, yet say that they ought, in what amounted to preliminary appeal [...] to have demarcated the full ambit of any future litigation."
Keywords:
claim; good faith; internal appeal; internal remedies exhausted; material damages; organisation's duties; receivability of the complaint; status of complainant;
Consideration 20
Extract:
Having been denied permanent appointments, the complainants are seeking compensation failing reinstatement. The EPO pleads that the claim is irreceivable for failure to exhaust the internal remedies open to them. "The EPO fails in its preliminary objection to the complainants' claim to damages. [...] The organisation must realise, it is precisely in cases like this, about termination of employment, that the Tribunal may [...] itself award damages if it deems reinstatement impossible."
Keywords:
application of law ex officio; claim; internal remedies exhausted; material damages; receivability of the complaint; reinstatement; subsidiary;
Judgment 1443
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant may not put wider claims to the Tribunal than in the internal appeal".
Keywords:
claim; complaint; internal appeal; internal appeals body; internal remedies exhausted; new claim; receivability of the complaint;
Consideration 3
Extract:
"Some of the complainant's [...] procedural and substantive objections [rely on] claims and pleas [presented by] other staff whose appeals also went to the Appeals Committee. As the EPO [correctly] observes, the material issues of this complaint are [limited to] the decision he was challenging in his internal appeal."
Keywords:
claim; complaint; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint;
Judgment 1435
79th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant wants the Tribunal to set aside the appointment of an internal candidate to a post he applied for and challenges the promotion of that candidate. "The complainant has not on any grounds challenged that promotion by way of an internal appeal and he has therefore failed to exhaust the internal remedies available to him. What is more, he has failed to show that he was adversely affected by the promotion. So the Tribunal will not in the context of this application determine whether or not the promotion was valid."
Keywords:
absence of final decision; cause of action; claim; internal appeal; internal remedies exhausted; lack of injury; receivability of the complaint;
Judgment 1433
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"As to his further claims in his rejoinder, the Tribunal observes that [...] the complainant neither challenged [a given claim] in his internal appeal [...] nor set out the claims in the form introducing the present complaint. He has made the claims in internal appeals which are still pending, and the claims are therefore at present irreceivable under Article VII(1) of the Tribunal's Statute because he has failed to exhaust the internal means of redress."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
absence of final decision; claim; complaint; iloat statute; internal remedies exhausted; new claim; receivability of the complaint; rejoinder;
Judgment 1430
79th Session, 1995
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
Since the complainant did not meet the requirements laid down in the vacancy notice, the decision not to select him "has caused him no injury".
Keywords:
cause of action; claim; competition; condition; lack of injury; receivability of the complaint; vacancy notice;
Judgment 1423
79th Session, 1995
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Since the complainant's grade is P.2 he "has no locus standi in challenging any new salary scales applicable to the general service category of staff. Because he belongs to another category of staff the revision of those scales cannot cause him injury."
Keywords:
cause of action; claim; complainant; general service category; injury; lack of injury; professional category; receivability of the complaint; salary; scale;
Judgment 1406
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The Tribunal dismisses [the complainant's] claims to reinstatement or payment of two years' salary and to further moral damages to cover the injury to her future financial prospects since there was nothing unlawful in the WHO's refusal to reinstate her or extend her appointment."
Keywords:
claim; contract; good faith; material damages; moral injury; non-renewal of contract; organisation's duties; reinstatement;
Judgment 1380
78th Session, 1995
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant is seeking material and moral damages. The Tribunal observes that she made no such claim during the internal appeals proceedings and holds that her claim "is irreceivable under Article VII(1) of the Tribunal's Statute because she has not exhausted the internal means of appeal."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
claim; iloat statute; internal appeal; internal remedies exhausted; material damages; moral injury; new claim; receivability of the complaint;
Judgment 1263
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
The organization contends that one of [the complainant's] claims is irreceivable for failure to exhaust the internal means of redress. It observes that neither did he make a written protest on that score or an appeal to the Appeals Board. The claim was not even mentioned in the cause of the original proceedings which led to an earlier judgment of the Tribunal on a case also brought by the complainant. He does not deny that he made no internal appeal but merely asserts that it was discriminatory and unlawful not to grant him satisfaction. "So his complaint is indisputably irreceivable under this head."
Keywords:
claim; internal appeal; internal appeals body; internal remedies exhausted; judgment of the tribunal; receivability of the complaint;
Consideration 4
Extract:
"Identity of purpose means that what the complainant is seeking is what he would have obtained had his earlier suit succeeded. And it is not the actual working of the decision that matters but the complainant's intent."
Keywords:
claim; complaint; criteria; receivability of the complaint; res judicata; same purpose;
Consideration 6
Extract:
"His claim to material damages for failure to distribute [a circular] is made for the first time in this complaint and did not form the subject of prior appeal to the Director-General. It is irreceivable because he has failed to exhaust the internal means of redress."
Keywords:
claim; iloat statute; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 1233
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant seeks the quashing of her dismissal for reasons of health. Such dismissal, she maintains, was wrong unless her incapacity was total. The claim "is receivable because several times she sought the quashing of her dismissal and put the matter to the Appeals Board. Though she did withdraw several appeals that were before the Board she never expressly waived her objections to dismissal."
Keywords:
claim; health reasons; internal appeal; internal remedies exhausted; receivability of the complaint; termination of employment; termination of employment for health reasons; waiver of right of appeal; withdrawal of suit;
Judgment 1221
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Under challenge is a passage from a memorandum which the complainant alleges changed the duties of her post. She seeks the quashing of that text. Such a claim is irreceivable. "A staff member may challenge a text only if it amounts to a decision and affects him adversely. [...] The fact of the matter is that no decision was taken and her claim to the striking out of the [text] cannot be entertained."
Keywords:
absence of final decision; cause of action; claim; condition; receivability of the complaint;
Judgment 1213
74th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant is claiming assignment to a specific post. The meaning of Article VIII of the Tribunal's Statute, "as the case law has construed it, is that the Tribunal may not order an organisation to put a staff member on any particular post. All it may do is set aside an unlawful decision putting someone on a post or refusing to do so or order specific performance where the organisation has failed to discharge an obligation. In this case [...] the complainant's claim [...] fails because it is irreceivable."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
assignment; case law; claim; competence of tribunal; iloat statute; interpretation; organisation's duties; post; receivability of the complaint;
Judgment 1160
72nd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"Further claims [from one of the complainants] to a ruling on the Organization's alleged failure to deal with the issues in his statements of appeal and to 'directions' to the administration 'in the interest of justice' do not constitute proper forms of relief and therefore will not be entertained."
Keywords:
claim; compensation; failure to answer claim; internal appeal; receivability of the complaint;
Judgment 1149
72nd Session, 1992
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"According to the case law, the scope of claims to the Tribunal may not go beyond that of the claims that formed part of the internal appeal, since any claim that goes further is barred under the rule in Article VII(1) of the Tribunal's Statute that the complainant must have exhausted the internal means of redress."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
case law; claim; iloat statute; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 994
68th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10, Summary
Extract:
The Tribunal will only set aside a decision to the extent of the complainant's claims for relief.
Keywords:
claim; competence of tribunal; limits;
Judgment 917
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainant has failed, however, to identify any decision of the organization's which in her submission constitutes breach of the terms of her appointment or of the FAO Regulations or Rules and which causes her injury. The Tribunal will therefore not entertain her claims under that head."
Keywords:
cause of action; claim; complaint; lack of injury;
Judgment 801
61st Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant's claims to "effective measures preventing further persecution" and recognition of his right to go back to his post in The Hague are irreceivable because he is not challenging any decision adversely affecting him.
Keywords:
cause of action; claim; no cause of action; receivability of the complaint;
Judgment 666
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
In this case, "the complainants' pleas and claims are not stated in identical terms, but in substance their case is the same. [...] All three complainants are in the same factual position. [...] A further fact that is material, in view of the nature of their claims, is that all three are married and have children [...] The material issue in the three cases is in essence the same and the Tribunal will rule on the single legal issue which the three complaints raise."
Keywords:
claim; difference; identical facts; joinder;
Judgment 663
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Although there are some differences between the four complaints, which impugn different decisions and put forward not quite identical claims, the decisions do form a single pattern of which each complaint challenges different elements, all four being closely and indeed inextricably linked by an identity of substance. They all raise the same preliminary issue, and one on which the Tribunal may give a single ruling, namely the receivability of a complaint challenging a general decision by the Council."
Keywords:
claim; difference; joinder;
< previous | 1, 2, 3, 4, 5, 6, 7, 8 | next >
|
