Joinder (52, 53, 54,-666)
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Keywords: Joinder
Total judgments found: 171
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Judgment 4263
129th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her performance management report for 2009.
Consideration 2
Extract:
This complaint [...] is the third of six complaints filed by the complainant that are presently before the Tribunal. Neither the complainant nor the EPO sought the joinder of this complaint with the other five. While each of the six complaints broadly relates to the same continuum of events with one of the central characters being VP1, mainly each concerns discrete events and each raises different legal issues. This complaint will not be joined with any of the others, consistent with the Tribunal’s case law (see, for example, Judgment 4114, consideration 2) with, additionally, the benefit of creating greater focus on the relevant facts and applicable law attending this complaint and each of the other complaints.
Reference(s)
ILOAT Judgment(s): 4114
Keywords:
joinder;
Judgment 4262
129th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her performance management report for 2008.
Consideration 2
Extract:
In her rejoinder to the second complaint and in her brief in her sixth complaint, the complainant seeks the joinder of these two complaints because the former relates to an implied decision concerning the same subject matter as the latter, which relates to the express decision. This was not opposed by the EPO in its pleadings. Given that they raise the same issues of fact and law and seek the same relief, these two complaints will be joined to form the subject of a single judgment, consistent with the Tribunal’s case law (see, for example, Judgment 4114, consideration 2).
Reference(s)
ILOAT Judgment(s): 4114
Keywords:
joinder;
Judgment 4261
129th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the withdrawal of a decision to assign her additional duties on a temporary basis.
Consideration 4
Extract:
This complaint [...] is the first of six complaints filed by the complainant that are presently before the Tribunal. Neither the complainant nor the EPO sought the joinder of this complaint with the other five. While each of the six complaints broadly relates to the same continuum of events with one of the central characters being VP1, mainly each concerns discrete events and each raises different legal issues. [...] This first complaint will not be joined with any of the others, consistent with the Tribunal’s case law (see, for example, Judgment 4114, consideration 2) with, additionally, the benefit of creating greater focus on the relevant facts and applicable law attending this complaint and each of the other complaints.
Reference(s)
ILOAT Judgment(s): 4114
Keywords:
joinder;
Judgment 4256
129th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge decisions taken by the President of the Office following a recommendation of the Internal Appeals Committee.
Consideration 1
Extract:
The 57 complainants [...] challenged decisions taken within the EPO. While the subject matter of those challenges differs, the 135 complaints before the Tribunal are similar in that the impugned decision in each case is a decision of the President of the Office taken following a recommendation of the internal Appeals Committee. Accordingly, they will be joined by the Tribunal to form the subject of a single judgment.
Keywords:
joinder;
Judgment 4241
129th Session, 2020
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint challenges the decision to dismiss her complaint of harassment as unsubstantiated.
Consideration 2
Extract:
The complainant applies for the joinder of this complaint with her first complaint in which she alleges that the decision to reassign her to the post of Senior Advisor, SIE, with effect from 1 February 2016 was unlawful. The application will be rejected as there is no nexus between that matter and the present complaint. There is no evidence that the persons against whom the complainant’s allegations of harassment are made played any part in the decision to reassign her. The complaints do not raise the same or similar issues of law.
Keywords:
joinder;
Judgment 4222
129th Session, 2020
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the refusal of UNESCO to award full compensation for the injury suffered as a result of an accident recognized as being service-incurred.
Consideration 3
Extract:
The Tribunal, noting that the two complaints are essentially based on the same facts, involve the same parties and raise the similar legal issues, considers it appropriate to join them so that they may form the subject of a single judgment.
Keywords:
joinder;
Judgment 4202
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for execution of Judgments 3887 and 3986 and contests the implied rejection of his request for the execution of those judgments.
Consideration 5
Extract:
The Tribunal notes that the complainant’s claims for relief in the application for execution of Judgments 3887 and 3986 are identical to those set out in his seventeenth complaint, and that the complainant relies on the same factual background. Although it is unusual that an application for execution is identical to a new complaint, the Tribunal finds it convenient to join the complaint and the application for execution.
Reference(s)
ILOAT Judgment(s): 3887
Keywords:
joinder;
Judgment 4195
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision to modify the conditions governing sickness insurance for employees’ spouses.
Consideration 3
Extract:
Each of the complaints involves one or more of the same substantial questions, namely whether the EPO breached the complainants’ acquired rights by: (a) requiring employees to pay a sickness insurance contribution in respect of gainfully employed spouses who had previously been insured free of charge; (b) requiring spouses who have other insurance, to use the Office’s insurance only as a complementary scheme; and (c) abolishing the right of former (divorced) spouses to obtain cover under the Office’s sickness insurance scheme upon the death of the permanent employee. Accordingly, the Tribunal finds it convenient to join the complaints.
Keywords:
joinder;
Judgment 4194
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the refusal to consult them concerning the use of external contractors.
Consideration 1
Extract:
In these proceedings, there are three complainants [...]. Each was, at the time the grievance initially arose, a member of staff of the EPO and a member of the Munich Staff Committee [...]. Their complaints raise the same questions of law and are based on the same facts. They are joined and will be the subject of a single judgment.
Keywords:
joinder;
Judgment 4171
128th Session, 2019
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to dismiss her internal complaints of moral harassment.
Consideration 1
Extract:
The complainant has filed five complaints against five decisions of the Director-General of UNESCO, all dated 27 November 2015, and asks that they be joined. In the fifth, sixth and seventh complaints concerning the moral harassment allegedly suffered by the complainant, the facts are closely interconnected. Moreover, in these three complaints, the Tribunal will examine the same pleas. It is therefore convenient to join them so that they may form the subject of a single judgment.
However, the third and fourth complaints, which have also led to judgments delivered in public this day, deal with different matters and raise distinct legal questions that merit individual examination. Accordingly they will not be joined to the three complaints which are the subject of the present judgment.
Keywords:
joinder;
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 1
Extract:
The complainant has filed five complaints against five decisions of the Director-General of UNESCO, all dated 27 November 2015, and asks that they be joined. However, it is appropriate to consider the present complaint separately as it raises distinct legal questions from those raised in the other complaints and merits individual attention. An order joining the present complaint to the four others – which are likewise the subject of judgments delivered in public this day – will therefore not be made.
Keywords:
joinder;
Judgment 4142
128th Session, 2019
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decisions not to directly appoint them to posts which became vacant during the two-year period following the termination of their appointments deriving from the abolition of their posts.
Consideration 5
Extract:
As the two complaints are based on similar grounds, involve the same organization, and regard similar requests for redress, the Tribunal finds it convenient to join them in order to render one judgment.
Keywords:
joinder;
Judgment 4138
128th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.
Consideration 4
Extract:
The complaints raise substantially the same facts and overlapping questions of law and they are therefore joined to form the subject of a single judgment.
Keywords:
joinder;
Consideration 31
Extract:
Because all these complaints concerning WIPO have been joined, the pleas in each proceeding can be treated as pleas in all the joined proceedings. That is relevant because it is in only one of the WIPO proceedings before joinder that the issue about to be discussed was raised. However what is important is whether WIPO has had the opportunity to answer the issue in a reply and surrejoinder. It has had that opportunity.
Keywords:
joinder; reply;
Judgment 4137
128th Session, 2019
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.
Consideration 4
Extract:
The complaints raise the same facts and questions of law and they are therefore joined to form the subject of a single judgment.
Keywords:
joinder;
Judgment 4136
128th Session, 2019
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.
Consideration 4
Extract:
The complaints raise the same facts and questions of law and they are therefore joined to form the subject of a single judgment.
Keywords:
joinder;
Judgment 4135
128th Session, 2019
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.
Consideration 30
Extract:
Because all these complaints concerning, either directly or indirectly, WHO have been joined, the pleas in each proceeding can be treated as pleas in all the joined proceedings. That is relevant because it is in only one of the WHO proceedings before joinder that the issue about to be discussed was raised. However what is important is whether WHO, on its own behalf directly, or indirectly on behalf of UNAIDS, has had the opportunity to answer the issue in a reply and surrejoinder. It has had that opportunity.
Keywords:
joinder; reply;
Consideration 4
Extract:
The[...] complaints raise substantially the same facts and questions of law and they are therefore joined to form the subject of a single judgment.
Keywords:
joinder;
Judgment 4134
128th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.
Consideration 5
Extract:
The complaints raise substantially the same facts and questions of law and they are therefore joined to form the subject of a single judgment.
Keywords:
joinder;
Judgment 4119
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision of the President of the Office to amend the wording of a circular in respect of the age limit for the payment of a dependants’ allowance.
Consideration 5
Extract:
Judgment 3291 has been given in related proceedings so the request for joinder has become moot.
Reference(s)
ILOAT Judgment(s): 3291
Keywords:
claim moot; joinder;
Judgment 4114
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to downgrade him for serious misconduct.
Consideration 2
Extract:
The EPO seeks the joinder of this and the ninth complaint in order that one judgment could be rendered. The complainant opposes joinder. The EPO argues, correctly, that the fifth complaint is irreceivable. The Tribunal will explain why this is so shortly. The two complaints do not involve the same or similar questions of fact or law, ordinarily the touchstone for joinder. That is because the factual issues actually raised in this complaint are extremely narrow in compass (and concern receivability only) and, as it turns out, so are the legal issues extremely narrow in compass (whether the complaint is receivable). Joinder and the rendering of one judgment facilitates consistent fact-finding and legal analysis in cases where there are the same or similar facts and the same or similar legal issues. As will be seen in due course, no such commonality of fact-finding and legal analysis arises in this case.
Keywords:
joinder;
Judgment 4111
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the ILO, alleges that he was subjected to harassment and that the investigation into his allegations of harassment was flawed.
Consideration 1
Extract:
According to the Tribunal, the question as to whether harassment has occurred must be determined in the light of a thorough examination of all the objective circumstances surrounding the events complained of (see, for example, Judgments 4038, consideration 5, and 3871, consideration 12). Since in this instance some of the facts on which the harassment allegations are founded differ from one complaint to another, the Tribunal will not join the cases.
Reference(s)
ILOAT Judgment(s): 3871, 4038
Keywords:
harassment; joinder;
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