Due process (187,-666)
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Keywords: Due process
Total judgments found: 185
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Judgment 162
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The procedure laid down for the purpose of enabling an official to defend himself against the charges against him [written notification of charges, time limit for reply] is inappropriate once the person concerned has admitted those charges. The safeguard provided by [the rule] has become pointless in the present case, since the complainant has admitted his misconduct in statements which the Tribunal has found to be true."
Keywords:
adversarial proceedings; due process; evidence; misconduct; purpose; right to reply; safeguard; termination of employment;
Judgment 161
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;
Judgment 160
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;
Judgment 159
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 162, consideration 3.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;
Judgment 32
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The decision of the Director-General to refuse an indeterminate appointment "is particularly serious because it deprives the official concerned of the possibility of making a career within the organization which a lengthy period of satisfactory service had entitled him legitimately to expect [...]. Therefore such a decision should be taken only while fully respecting the provisions of the [Regulations] in order to surround the free decision of the Director-General with the guarantees imposed in the interests both of the organization and of the official concerned."
Keywords:
career; contract; due process; flaw; legitimate expectation; organisation's interest; permanent appointment; refusal; satisfactory service; staff member's interest;
Considerations
Extract:
The irregularities indicated "resulted in depriving complainant of the opportunity of effectively discussing the appreciations made by his superiors, a fact aggravated by reason of the irregularities by which the procedure of the [Advisory] Committee was tainted, resulting in complainant being unable to avail himself of a procedure under which he might have been able to emphasise the qualities he claimed with a view to possibly obtaining an indeterminate appointment [...]. In this manner, the complainant was deprived of the possibility of having the decision taken modified, a possibility available to him under the Staff Regulations and Rules."
Keywords:
advisory body; consultation; contract; due process; fixed-term; flaw; non-renewal of contract; permanent appointment; procedural flaw; refusal; right to reply; work appraisal;
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