Complainant (56, 55, 71, 73, 74, 673, 57, 58, 60, 61, 62, 63, 64, 643, 682, 65, 66, 67, 68, 69, 75, 93, 534, 535, 659, 655, 704, 705, 59, 684, 698, 706, 760, 889, 758, 759,-666)
You searched for:
Keywords: Complainant
Total judgments found: 173
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Judgment 952
66th Session, 1989
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
"The burden is on the complainant to satisfy the organization that the adoption was lawful, and he has failed to discharge it. [...] The complainant has not met the further requirement that he must satisfy the organization that at the date of the adoption the parents of his grandson were deceased or permanently incapacitated and unemployable."
Keywords:
adoption; burden of proof; complainant; condition; death; evidence; invalidity; parent;
Judgment 944
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The internal appeal was signed by Mr. [E.] whereas the complaint is signed by Mr. [E.]'s wife. "There being no need for a ruling of general purport on the issue, the Tribunal holds that in the circumstances of the case the complaint may be deemed receivable. [...] The complainant's husband, [...] like her, is an official of the EPO; they concur on the material issue and the purpose of the suit relates to a matter of social security for spouses".
Keywords:
complainant; complaint; difference; exception; family relationship; internal appeal; locus standi; marital status; receivability of the complaint;
Judgment 933
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant seeks to have papers concerning his removal expenses returned to him. The Tribunal holds that the complainant's claim is trivial and he has failed to give evidence of injury suffered from not having the originals.
Keywords:
cause of action; complainant; disclosure of evidence; lack of injury; removal expenses; request by a party;
Judgment 932
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10(C)
Extract:
"If in the original medical examination by the Committee, the doctors and the complainant had failed to understand each other, that would afford grounds for impugning the opinion. [...] The burden of proof is on the complainant to satisfy the Tribunal that the findings of the medical examination (which denied him sick-leave) [...] should be set aside because of language difficulties."
Keywords:
burden of proof; complainant; flaw; lack of evidence; medical board; medical opinion; refusal; sick leave;
Judgment 918
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant argues that his resignation was merely received, not accepted by the organisation. The Tribunal observes that the terms of the recipient's written response leave no room for doubt: the resignation was well and truly accepted by the organisation.
Keywords:
acceptance; complainant; offer; organisation; resignation;
Judgment 898
64th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant wants the Tribunal to make recommendations on how to interpret certain provisions in the rules. "Besides stating his claims in vague and general terms the complainant is not seeking the quashing of any decision but mere recommendations in the form of advice to be commended to some unidentified person or authority. The Tribunal may neither give an advisory opinion nor rule on a dispute in which no breach of the terms of appointment or of the Staff Regulations is alleged. For that reason the claims are irreceivable."
Keywords:
advisory opinion; cause of action; competence of tribunal; complainant; interpretation; receivability of the complaint; request by a party; staff regulations and rules; tribunal; vague claim;
Judgment 889
64th Session, 1988
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The burden is on [the complainant] to prove service-incurred illness."
Keywords:
burden of proof; complainant; evidence; illness; service-incurred;
Judgment 871
63rd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The submissions in the complaint and in the organization's reply being properly before it, the Tribunal will not forbear to rule for want of a rejoinder the complainant has failed to file even after two extensions of the time limit."
Reference(s)
ILOAT Judgment(s): 723
Keywords:
closure of written proceedings; complainant; complaint; negligence; organisation; rejoinder; reply; submissions;
Judgment 842
63rd Session, 1987
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The organisation's "patent attorney may have made use of the papers but that is immaterial to the issue in dispute between it and the complainant. The fact remains that he retained the patent attorney on his own initiative and in his own interest, and without any authorisation from the ESO. That being so, the ESO is not under any legal obligation to reimburse to the complainant the amount of fees he contracted to pay the patent attorney."
Reference(s)
ILOAT Judgment(s): 780, 840, 841
Keywords:
complainant; counsel; organisation's duties; proprietary rights; refund; request by a party;
Judgment 757
59th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was found guilty of gross negligence in the performance of his duties. The organisation confiscated the equivalent of two months' salary. The Tribunal holds that such a decision constitutes a disciplinary sanction, not a measure to allow of compensation. Only such disciplinary action may be taken which is specifically set out in the applicable provisions. Whereas such a sanction is not provided for, the decision to impose it must be quashed.
Keywords:
complainant; disciplinary measure; hidden disciplinary measure; negligence; no provision; organisation; refund; request by a party; salary;
Judgment 676
56th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
A staff member may ask the administration for review of a decision either when some new and unforeseeable fact of decisive importance has occurred since the decision was taken or where the staff member is relying on facts or evidence of which he was not and could not have been aware before the decision was taken. If either condition is fulfilled the administration is under a duty to review, and the new decision will set a new time limit.
Keywords:
case reopened; complainant; condition; internal appeal; internal appeals body; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; request by a party; start of time limit; time limit;
Judgment 664
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The plea will not succeed if he who alleges force majeure was himself responsible for the occurrence. thus it must fail where he was himself negligent or, though not negligent, put himself in such a position as to incur risk of the occurrence. Moreover, the plea will fail even if there is no direct and necessary link between the victim's behaviour and the occurrence." Thus, while indulging in a sport like skiing does not constitute negligence, there is no force majeure in the event of an accident during the practice of such a sport.
Keywords:
cause; complainant; force majeure; liability; professional accident;
Judgment 623
53rd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The applicable provision "says that a staff member may designate another staff member to present his case or act as his counsel before the appeals [body]. The FAO cannot therefore be held liable for not appointing a qualified lawyer to advise the complainant, nor was he denied any due procedural safeguards in putting his case".
Keywords:
complainant; counsel; internal appeal; internal appeals body;
Judgment 595
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant, whose contract was terminated for health reasons, declined to allow access to his medical file, he applies for an expert inquiry. "This claim [...] fails. The Tribunal is never bound to order such an inquiry". The Tribunal does not believe an inquiry necessary to ascertain the truth. "In coming to that view it is not making an appraisal of fact which is outside the competence of its members; this is no more than the consequence in law of the fact of the complainant's refusal to allow disclosure of the medical file."
Keywords:
complainant; expert inquiry; health reasons; medical examination; refusal; request by a party; termination of employment; termination of employment for health reasons; tribunal;
Summary
Extract:
During the proceedings, the organization invited the Tribunal to lift the obligation of professional secrecy to allow the Tribunal access to the complainant's medical file. The complainant declined to allow this and by order of the Tribunal, the application was rejected on the grounds that only a patient might release his physician from professional secrecy. After the exchange of briefs, the complainant expressed agreement with his medical file being made available to the Tribunal. The Tribunal disallowed the reopening of proceedings for the file to be submitted. The complainant's own attitude is responsible for no evidence of the temporary nature of his illness having been presented.
Keywords:
complainant; confidential evidence; disclosure of evidence; medical records; organisation; refusal; request by a party;
Judgment 567
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainants committed an error of judgment in thinking that the Tribunal would allow their complaints and that there was therefore no purpose in continuing with the internal proceedings. But that error was "not the same thing as lack of consent such as will render the withdrawal null and void. The basis in law of relations between organisation and staff must be stable. The complainants are liable for the course of action and the decisions they take. [...] They must be held responsible for their own actions and bear the consequences."
Keywords:
complainant; direct appeal to tribunal; internal remedies exhausted; lack of consent; negligence; receivability of the complaint;
Judgment 550
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"In her rejoinder the complainant asks the Tribunal to hear this complaint together with another she has filed but in which the written proceedings are not completed. Thus she would like the Tribunal to postpone the hearing of this case." She subsequently suggests joining the two complaints with another yet to be filed. The Tribunal "will deliver a separate judgment on the present case, which raises distinct and quite separate issues, and it reserves its decision on the joinder of subsequent complaints."
Keywords:
complainant; complaint; joinder; refusal; request by a party; tribunal;
Judgment 545
50th Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"A staff member is not bound for ever more by the terms of his appointment. But if he does challenge them he must respect the limitations of good faith."
Keywords:
acceptance; complainant; good faith; terms of appointment;
Judgment 543
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Following two previous judgments [Nos. 375 and 392], "the complainant [found herself] in the position of a person holding an appointment without a post. She was therefore entitled to demand to be assigned to a suitable post and put back on the payroll. This would not exclude a fresh assignment to Brasilia, the Tribunal having in Judgment No. 375 rejected the complainant's objections to that post. Whether or not the incumbent in Brasilia was there on a temporary basis, it was open to the Director to create a vacancy there and assign the complainant to it. However, the complainant did not take the initiative in this respect."
Reference(s)
ILOAT Judgment(s): 375, 392
Keywords:
assignment; complainant; discretion; execution of judgment; judgment of the tribunal; refusal;
Judgment 528
49th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is for the employer to make proper arrangements for a comprehensive check-up of the applicant for employment. To expect him to prove that he is in perfect health would be to require him to disprove the existence of any impairment, and that is simply not feasible. [...] The burden is [however] on [the complainant] to satisfy the Tribunal with positive proof, that his impairment was service-incurred."
Keywords:
appointment; burden of proof; complainant; illness; medical examination; medical fitness; organisation; service-incurred;
Judgment 476
47th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's "grievance, though justified, is without effect. The Tribunal cannot but deplore any undue protraction of the appeal proceedings, which is to the prejudice of the organization as well as of the complainant. But it cannot criticise the actual transfer without due regard to the lawfulness of the decision. Besides, the complainant's plea carries the less weight in that he himself was partly to blame for the delay."
Keywords:
administrative delay; cause; complainant; delay; transfer;
Consideration 4
Extract:
The right to a hearing means that "any official in dispute with the organization should [...] be allowed access to evidence which may serve in defending their interests and are not confidential." In this case "the complainant has not established or even suggested it likely that the files he wished to have disclosed would have supported his claims."
Keywords:
complainant; confidential evidence; disclosure of evidence; request by a party; right to reply;
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