Due process (187,-666)
You searched for:
Keywords: Due process
Total judgments found: 185
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 | next >
Judgment 3117
113th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10-11
Extract:
The complainant [...] submits that the decision [...] breached the principle of due process in that it was taken on the basis of information which had not previously been brought to his attention. In this connexion the Tribunal notes that, when an international organisation examines a request submitted by a staff member, it is not bound to inform that person of all the steps which it is taking in that respect. On the other hand, in that or any other situation, it does have a duty to provide the person concerned with any items of information which might have a bearing on the outcome of his/her claims (see Judgments 1815, under 5, or 2315, under 27 ). [...]
However, according to the Tribunal's case law, failure to disclose an item of information will in any case not render a decision unlawful where this flaw has been remedied in the course of an internal appeal procedure or of proceedings before the Tribunal (see, for example, Judgments 301, under 2, 1815, under 4 and 5, or 2558, under 5(a)), and that is precisely what occurred in this case since [...] a copy of the email in question was forwarded to the complainant at the same time as the disputed decision, with the result that he was duly enabled to challenge its content during the internal appeal proceedings.
Reference(s)
ILOAT Judgment(s): 301, 1815, 2315, 2558
Keywords:
delay; delay in internal procedure; due process; duty to inform; motivation;
Judgment 3108
113th Session, 2012
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
An internal appellate body is the primary fact-finding body in the internal appeals process. It is the body that sees and hears the witnesses and must assess the reliability of the evidence adduced. A full appreciation of the evidence can only occur in circumstances where individuals whose interests may have been adversely affected have an opportunity not only to be present to hear the evidence but also to test the evidence through cross-examination. As the Tribunal stated in Judgment 2513, under 11, "in the absence of special circumstances such as a compelling need to preserve confidentiality, internal appellate bodies such as the JAB must strictly observe the rules of due process and natural justice and [...] those rules normally require a full opportunity for interested parties to be present at the hearing of witnesses and to make full answer in defence".
Reference(s)
ILOAT Judgment(s): 2513
Keywords:
due process; evidence; internal appeals body; witness;
Judgment 3032
111th Session, 2011
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"[W]hen an international organisation wants to fill a post by competition, it must comply with the material rules and the general precepts of the case law (see, for example, Judgment 2163 [...], under 3)."
Reference(s)
ILOAT Judgment(s): 2163
Keywords:
appointment; case law; competition; consequence; decision; due process; general principle; organisation's duties; provision; staff regulations and rules; written rule;
Judgment 2940
109th Session, 2010
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(b)
Extract:
"In accordance with the right to due process, which calls for transparent procedures, a staff member is entitled to be apprised of all items of information material to the outcome of his or her claims. The composition of an advisory body is one such item, since the identity of its members might have a bearing on the reasoning behind and credibility of the body's recommendation or opinion. The staff member is therefore at least entitled to comment on its composition (see Judgment 2767, under 7(a))."
Reference(s)
ILOAT Judgment(s): 2767
Keywords:
advisory body; advisory opinion; composition of the internal appeals body; consequence; due process; duty to inform; effect; elements; equity; general principle; grounds; recommendation; right; right to reply; settlement out of court;
Judgment 2916
109th Session, 2010
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"[P]erformance appraisal procedures must be 'both transparent and adversarial'. That is unlikely to be the case where the prescribed procedures are not observed."
Reference(s)
ILOAT Judgment(s): 2836
Keywords:
adversarial proceedings; case law; due process; organisation's duties; performance report; procedural flaw; work appraisal;
Judgment 2907
108th Session, 2010
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"According to the Tribunal's case law, international organisations may undertake restructuring by reducing or reassigning their staff, even for the sole purpose of making budgetary savings (see, for example, Judgment 2156, under 8). However, each and every individual decision adopted in the context of such restructuring must respect all the pertinent legal rules and in particular the fundamental rights of the staff concerned."
Reference(s)
ILOAT Judgment(s): 2156
Keywords:
budgetary reasons; case law; consequence; due process; implied decision; official; organisation; organisation's duties; reassignment; reorganisation; right; staff reduction; written rule;
Judgment 2882
108th Session, 2010
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Although rules of procedure must be strictly complied with, they must not be construed too pedantically or set traps for staff members who are defending their rights. If these staff members break such a rule, the penalty must fit the purpose of the rule. Consequently, a staff member who appeals to the wrong body does not on that account forfeit the right of appeal (see Judgments 1734, under 3, and 1832, under 6). [...] The fact that an appeal is mistakenly submitted directly to the Appeal Board, as occurred in this case, cannot entail the irreceivability of the appeal. The Appeal Board has a duty to forward to the Director General any document which is intended for his attention and which has been sent to it in error, in order that it may be treated as a request for review."
Reference(s)
ILOAT Judgment(s): 1734, 1832
Keywords:
breach; due process; executive head; formal requirements; good faith; internal appeal; internal appeals body; interpretation; organisation's duties; proportionality; purpose; receivability of the complaint; right of appeal; staff member's duties; written rule;
Judgment 2865
108th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Administrative authorities and organs have a duty to ensure, without prompting, that their procedures are properly conducted. It cannot be argued that a staff member has breached the principle of good faith by failing to request that these procedures be expedited. Indeed, a host of reasons connected with the employment relationship may explain that person's reluctance to chase up the advisory or decision-making organ."
Keywords:
administrative delay; advisory body; breach; due process; executive body; general principle; good faith; grounds; internal appeals body; official; organisation's duties; request by a party; working relations;
Judgment 2835
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
"The complainant takes issue with the composition of the Selection Board. [...] He relies on Judgment 1549, under 12, where the Tribunal stated that «[...] after the process of selection has begun the terms of competition may not be changed [...]»."
"The Tribunal rejects this argument. First, the complainant's reliance on Judgment 1549 is misplaced. While the cited passage does refer to a selection decision, the composition of the Selection Board is not one of the «terms of competition»."
Reference(s)
ILOAT Judgment(s): 1549
Keywords:
competition; composition of the internal appeals body; due process; selection board;
Judgment 2786
106th Session, 2009
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"Due process requires that a staff member accused of misconduct be given an opportunity to test the evidence relied upon and, if he or she so wishes, to produce evidence to the contrary. The right to make a defence is necessarily a right to defend oneself before an adverse decision is made, whether by a disciplinary body or the deciding authority (see Judgment 2496, under 7)."
Reference(s)
ILOAT Judgment(s): 2496
Keywords:
advisory body; disciplinary procedure; disclosure of evidence; due process; right; right to reply; serious misconduct;
Judgment 2771
106th Session, 2009
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"The complainant points to cases in which the Tribunal observed that the complainant had not been present when statements were taken and not given the opportunity to cross-examine witnesses (for example, Judgments 999 and 2475), to object to evidence (for example, Judgment 2468) or to have a verbatim record of the evidence (for example, Judgment 1384). These are matters that, in the cases concerned, would have ensured that the requirements of due process were satisfied. However, they are not the only means by which due process can be ensured. In the present case, the complainant was informed of the precise allegations made against him [...], and provided with the summaries of the witnesses' testimonies relied upon by the Investigation Panel, even if not verbatim records. He was able to and did point out to the Assistant Director-General and, later, the Director of the Human Resources Management Division, inconsistencies in the evidence, its apparent weaknesses and other matters that bore upon its relevance and probative value, before the finding of unsatisfactory conduct was made [...]. In this way, the complainant was able to confront and test the evidence against him, even though he was not present when statements were made and not able to cross-examine the witnesses who made them. Moreover, the complainant had and exercised a right of appeal to the Appeals Committee. There is no suggestion that he was in any way circumscribed in the way his appeal was conducted. Accordingly, the process, viewed in its entirety from the making of the subordinate's harassment complaint until the Committee reported to the Director-General, was one that satisfied the requirements of due process."
Reference(s)
ILOAT Judgment(s): 999, 1384, 2468, 2475
Keywords:
adversarial proceedings; disciplinary procedure; due process; evidence; inquiry; investigation; organisation's duties; right to reply; testimony;
Consideration 15
Extract:
"The general requirement with respect to due process in relation to an investigation - that being the function performed by the Investigation Panel in this case - is as set out in Judgment 2475, namely, that the "investigation be conducted in a manner designed to ascertain all relevant facts without compromising the good name of the employee and that the employee be given an opportunity to test the evidence put against him or her and to answer the charge made". At least that is so where no procedure is prescribed. Where, as here, there is a prescribed procedure, that procedure must be observed. Additionally, it is necessary that there be a fair investigation, in the sense described in Judgment 2475, and that there be an opportunity to answer the evidence and the charges."
Reference(s)
ILOAT Judgment(s): 2475
Keywords:
adversarial proceedings; appraisal of evidence; disciplinary procedure; due process; evidence; inquiry; investigation; organisation's duties; procedure before the tribunal; respect for dignity; right to reply;
Judgment 2769
106th Session, 2009
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"As it cannot be confirmed but for the flaw in the selection process that the complainant would have been appointed to the post of Section Head, this aspect of the claim for material damages is rejected. The complainant, however, lost a valuable opportunity to be properly considered for the said post."
Keywords:
appointment; competition; due process; injury; material damages; material injury; procedure before the tribunal;
Judgment 2757
105th Session, 2008
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"[I]t is a fundamental aspect of due process that a person should not take a decision in a matter in which he or she has a personal interest. [However, in] some circumstances, necessity will direct that a decision be taken by a person with a direct personal interest in the outcome."
Keywords:
bias; decision; due process; exception; organisation's interest; safeguard; settlement out of court; staff member's interest;
Judgment 2700
104th Session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal [...] draws attention to the fact that, irrespective of the circumstances, an official is always entitled to have his case judged in proper, transparent and fair proceedings which comply with the general principles of law."
Keywords:
due process; equity; formal requirements; general principle; judgment of the tribunal; official; organisation's duties; procedure before the tribunal; right; staff member's interest;
Judgment 2667
104th Session, 2008
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The duty to act independently and impartially is incumbent not only on the authority competent for issuing the final formal decision in proceedings, but also on bodies responsible for giving an advisory opinion or for making a recommendation to this authority, a fortiori where the recommendation is a formal part of the decision-making process (see Judgment 2315, under 27)."
Reference(s)
ILOAT Judgment(s): 2315
Keywords:
advisory body; advisory opinion; condition; decision; disciplinary procedure; due process; independence; procedure before the tribunal; recommendation;
Judgment 2642
103rd Session, 2007
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"In Judgment 2552 the Tribunal pointed out that an accusation of harassment 'requires that an international organisation both investigate the matter thoroughly and accord full due process and protection to the person accused'. Its duty to a person who makes a claim of harassment requires that the claim be investigated both promptly and thoroughly, that the facts be determined objectively and in their overall context (see Judgment 2524), that the law be applied correctly, that due process be observed and that the person claiming, in good faith, to have been harassed not be stigmatised or victimised on that account (see Judgment 1376)."
Reference(s)
ILOAT Judgment(s): 1376, 2524, 2552
Keywords:
due process; good faith; harassment; inquiry; investigation; organisation's duties; respect for dignity; safeguard;
Judgment 2599
102nd Session, 2007
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The Tribunal notes that there is no evidence to prove that the complainant was given any kind of access to the report on which the Director General is said to have based her decision to dismiss her.
It may be concluded from the above and from the evidence in the file that the impugned decision was taken in breach of the safeguards regarding the provision of proper conditions for probation, resulting from the rules and regulations, from general principles of law and from the Tribunal's case law, and, in particular, in breach of the complainant's right to be heard.
The impugned decision must therefore be quashed."
Keywords:
breach; case law; due process; duty to inform; general principle; grounds; organisation's duties; probationary period; report; right to reply; safeguard; termination of employment;
Judgment 2552
101st Session, 2006
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
An accusation of harassment "requires that an international organisation both investigate the matter thoroughly and accord full due process and protection to the person accused."
Keywords:
due process; harassment; inquiry; investigation; organisation's duties; respect for dignity; safeguard;
Judgment 2524
100th Session, 2006
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 31
Extract:
To advance serious allegations that have not been properly investigated against an official before a body that must issue a decision or recommendation concerning that official amounts to "serious failure of due process and want of fairness and good faith".
Keywords:
advisory body; advisory opinion; breach; decision; due process; equity; good faith; internal appeals body; organisation's duties; respect for dignity; right to reply;
Judgment 2522
100th Session, 2006
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The Tribunal concludes that the internal appeal proceedings were not conducted with due diligence or with the care owed by an international organisation to its staff. The complainant had reason to believe that the Agency was making every effort to hamper the proceedings to prevent them from being concluded within a reasonable time. He was not informed of the final outcome of his internal appeal until nearly two months after the Director General had taken his final decision. Moreover, the latter replied to the complainant's request for review more than three months after the request was submitted, and only after an appeal had been lodged with the Joint Appeals Board. The Tribunal concludes from the above that the complainant suffered moral injury."
Keywords:
decision; delay; due process; evidence; internal appeal; late decision; moral injury; organisation's duties; procedure before the tribunal; reasonable time; staff member's interest; time limit;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 | next >
|
