Refusal (631,-666)
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Keywords: Refusal
Total judgments found: 229
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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 87
15th Session, 1965
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The complainant's counsel, after the close of the last public hearing, submitted ten documents which had not been communicated to the agent of the organization and upon which he therefore had no opportunity to comment. In conformity with the principle that each party shall be fully heard on all the evidence admitted, these documents were excluded from the dossier on which the Tribunal took its decision."
Keywords:
adversarial proceedings; closure of written proceedings; disclosure of evidence; receivability of the complaint; refusal; time limit; tribunal;
Judgment 83
14th Session, 1965
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal is not competent to decide on [the complainant's] plea for the quashing of the decision [...] by the Director-General [...] whereby he refused to put before the governing body of [the organisation] a proposal to submit the judgment [in question] to the International Court of Justice."
Keywords:
advisory opinion of icj; competence of tribunal; executive head; icj; refusal; request by a party;
Judgment 78
13th Session, 1964
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The powers of the Director-General as regards the staff association are governed by the organization's regulations. "None of these regulations empowers the Director-General to invalidate elections held [by the association] to form its executive committee on the ground that such elections were irregular [...]. Hence, by refusing to invalidate the elections [...] the Director-General, far from violating the Staff Regulations and Rules, applied them correctly."
Keywords:
application for quashing; competence; election; executive head; flaw; no provision; refusal; staff union;
Judgment 57
10th Session, 1962
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Preamble and Material Facts
Extract:
Considering the complaint and the reply of the organization to the preliminary conclusion put forward in the said complaint, whereby the complainant requests that the Tribunal "should order the publication of the [document] to be suspended pending a judgment on the legality of the decision impugned. in view of their urgency and their contents, the preliminary conclusions call for an immediate decision."
Keywords:
interlocutory order; publication; refusal; tribunal;
Judgment 36
7th Session, 1958
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Although leave is granted on a request approved by the supervisor, such approval is subject to the requirements of the service [...]. The supervisor's discretionary power to determine such requirements is not a matter subject to control by the Tribunal [...]. Far from proving the 'excès de pouvoir' which he alleges, the complainant's case on this point is devoid of substance [...]. The refusal to grant the leave requested by the complainant therefore appears justified."
Keywords:
annual leave; discretion; leave; organisation's interest; refusal; right; supervisor;
Judgment 32
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Director-General's recognised right to grant or refuse an indeterminate appointment under [the applicable] Staff Regulation is sovereign and [...] it is not for the Tribunal to seek for or judge his reasons for so doing."
Keywords:
contract; discretion; grounds; judicial review; offer; permanent appointment; refusal;
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;
Judgment 25
6th Session, 1957
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (A)
Extract:
"The Director-General [...] enjoys discretionary powers in respect of the transfer of staff members to posts other than those to which they are initially assigned [...]. A refusal to accept a transfer may raise obstacles to the extension of an engagement beyond its original date of termination."
Keywords:
contract; discretion; fixed-term; non-renewal of contract; refusal; transfer;
Consideration (A)
Extract:
"An offer was made to the complainant to extend his appointment and to transfer him [to the field]. The complainant made his acceptance of this offer subject to conditions the Director-General felt unable to accept. [The] non-renewal of the complainant's appointment did not violate [...] any of the relevant provisions of the Staff Regulations and Staff Rules."
Keywords:
contract; field; fixed-term; non-renewal of contract; refusal; transfer;
Judgment 13
4th Session, 1954
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance
Extract:
The existence of a secret document vitiates the equitable application of the Regulations and affects both the interests of the staff as a whole and that of justice itself. "Vide, Judgment No. 15 of the United Nations Administrative Tribunal: 'the applicant cannot be penalised because certain information is considered by the respondent as confidential and the applicant has no opportunity either of knowing that the reason is or of challenging it."
Keywords:
case law; confidential evidence; disclosure of evidence; flaw; judgment of the tribunal; organisation; refusal; right to reply; unat;
On the substance
Extract:
The organization refused to disclose a document which directly concerned the complainant. "In consequence, it is the duty of the Tribunal to consider as established the fact that the decision [to dismiss the complainant] is not really based on the grounds of unsatisfactory service but on personal considerations extraneous to such grounds [...]. It therefore constitutes an act of misuse of power and must be rescinded."
Keywords:
abuse of power; bias; disclosure of evidence; grounds; misuse of authority; organisation; presumption; probationary period; refusal; termination of employment;
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