Procedural flaw (559,-666)
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Keywords: Procedural flaw
Total judgments found: 150
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Judgment 203
30th Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant "was not [...] allowed to be present during the hearing of witnesses or to participate in the examination of the evidence. Although the statements made by the witnesses were communicated to him he was not in a position, during the hearing, to rebut the charges against him, to put questions, or to ask for clarification." The right to be heard was not respected. The decision to terminate the complainant for serious misconduct is tainted by a procedural irregularity.
Keywords:
disclosure of evidence; flaw; procedural flaw; right to reply;
Consideration 3
Extract:
"[T]he decision impugned [summary dismissal] is tainted by a procedural irregularity and by error of law, both of these being grounds requiring it to be quashed."
Keywords:
flaw; mistake of law; procedural flaw; serious misconduct; termination of employment;
Judgment 181
27th Session, 1971
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
If the time limit had expired, "the Director-General could indeed have refused to consider the complainant's protest. However, the ruling given [...] on his instructions makes no reference to the expiry of the time limit. Failure to observe a time limit laid down by the [applicable provision] is not [a flaw] which can be pleaded at a later stage in the procedure."
Keywords:
flaw; internal appeal; mistaken hearing of merits; procedural flaw; time bar; time limit;
Judgment 175
26th Session, 1971
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The Appeals Committee, without giving any precise opinion on the points raised by complainant, merely proposed that he should be paid compensation, purely ex gratia. Consequently, although the chairman of the Advisory Committee on Compensation Claims which examined the case before the Director-General's first decision then sat as a member of the Appeals Committee, "this irregularity is not, in the circumstances of the case, such as to taint with illegality the Director-General's [...] decision."
Keywords:
advisory body; composition of the internal appeals body; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw;
Judgment 96
16th Session, 1966
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
At the request of the complainant, who wished to go directly to the Tribunal, the procedure laid down under the applicable provision was not followed. "Even assuming that the conditions specified in [the provision] were not fulfilled and that no other basis could be found for the decision impugned, there could be no question of quashing that decision, but only of awarding [the complainant] compensation which, in the circumstances of the case, could not exceed the amount which the organisation has seen fit to award him ex gratia."
Keywords:
flaw; material damages; procedural flaw;
Judgment 92
16th Session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organization transmitted to the complainant the findings of the internal appeals body, to the exclusion of its reasons. "As a result of the production of the full report during the present proceedings the complainant has been able to rely on it to submit any arguments which she considered suitable to support her claim. It follows that, while the right to be heard was ignored, at the administrative proceedings stage, this did not in fact affect the sense of the decision complained of and [...] does not involve the quashing of that decision."
Keywords:
case pending; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; organisation; procedural flaw; report; right to reply; tribunal;
Judgment 88
15th Session, 1965
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary of facts
Extract:
"In its Judgment [No. 69] quashing the decision not to confirm the appointment of the complainant at the end of the probationary period on the grounds of failure to comply with the recognised procedure and infringement of the right to be heard, the Tribunal invited the organization to reopen the case, to enable the complainant to exercise his rights, and to consider whether he should be reinstated. At the same time it reserved the complainant's right to claim compensation whether or not he was reinstated." The complainant was not reinstated and he requests the Tribunal to fix compensation.
Reference(s)
ILOAT Judgment(s): 69
Keywords:
case sent back to organisation; material damages; probationary period; procedural flaw; refusal; reinstatement; right to reply; termination of employment;
Judgment 69
12th Session, 1964
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Far from having been able normally to defend his interests before the Director-General, the complainant [...] was not invited to comment on the documents which were submitted without his knowledge. [...] Even if the appeals procedure was properly complied with, the previous infringement of the right to be heard was not thereby corrected, since the officer who took the first decision had based himself to a considerable extent on evaluations which the higher authority apparently accepted without checking them all personally."
Keywords:
internal appeal; procedural flaw; right to reply;
Consideration 2
Extract:
The right to be heard was doubly ignored. The Regional Director terminated the appointment of the complainant without submitting to him a period evaluation report or affording him the opportunity of justifying himself. In the appeals proceedings, reports were produced the existence of which the complainant only became aware during the proceedings before the Tribunal and with regard to which he accordingly had not opportunity to state his case in time. The decision to terminate the appointment is quashed.
Keywords:
disclosure of evidence; flaw; probation report; procedural flaw; right to reply;
Consideration 4
Extract:
"Infringement of the right to be heard being sufficient to entail the quashing of the decision complained of, the Tribunal does not have to consider whether any other reason would also have justified this conclusion."
Keywords:
flaw; procedural flaw; right to reply;
Judgment 63
11th Session, 1962
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The Tribunal is competent to pass judgment on the irregularities allegedly committed by the Appeals Board only to the extent that they might, "particularly by reason of their gravity, have affected the Director-General's decision." This is not a case in point: there was a hearing of both parties; the allegations made by complainant are without substance or relevance.
Keywords:
consequence; decision; flaw; internal appeal; internal appeals body; judicial review; lack of injury; procedural flaw;
Judgment 32
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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;
Considerations
Extract:
The organization offered to submit the case of the complainant to a committee "since that committee had met in order to consider the case its recommendations should have been drawn up within the required conditions". Two of the members of the committee did not take part in all the meetings. One had not seen the report and another had signed a text which contained one of the recommendations" even in the absence of rules of procedure. These facts constitute serious irregularities surrounding the recommendations of the [...] committee."
Keywords:
advisory body; flaw; internal appeals body; no provision; procedural flaw; procedure before the tribunal;
Judgment 13
4th Session, 1954
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Director-General based his decision on the provision empowering him to dismiss at any time a probationer whose services are deemed unsatisfactory on condition that the reasons for the decision be given in writing. The internal appeals body believed that the provision on the interests of the organization afforded a further possible justification for the measure. The director confirmed the decision. "At that stage [...] a change of grounds would have vitiated the procedure".
Keywords:
amendment to the rules; discretion; duty to substantiate decision; enforcement; flaw; grounds; organisation's interest; probationary period; procedural flaw; staff regulations and rules; termination of employment; unsatisfactory service;
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