Cause of action (77,-666)
You searched for:
Keywords: Cause of action
Total judgments found: 273
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Judgment 393
43rd Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant requests the cancellation of procedures by which a candidate for the material post was selected and appointed. "The organization has acknowledged - and rightly so - that the procedures were irregular. Thus, insofar as the complainant wishes to have them cancelled, her complaint no longer has any foundation. She has now to co-operate fully with the organization in the review of the [...] classification of her post."
Keywords:
appointment; cause of action; competition; flaw; no cause of action; procedural flaw; settlement out of court;
Judgment 391
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The organisation imposed four unpaid days of leave on the staff. It "doubts whether there is any substance to the complaints and hence whether they are receivable. It argues that if the complainants take the cash equivalent of the compulsory leave, all they will have done is make a 'loan' [...] 'bearing a high rate of interest' at that. But that is just a hypothesis and does not mean that there is no substance to the claims for relief."
Keywords:
cause of action; compensatory measure; leave; receivability of the complaint; reduction of salary; salary;
Judgment 330
39th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant seeks disclosure of "'documents in his file which may have prompted his exclusion'. [...] For want of clearer information the Tribunal supposes that the documents the complainant means are his performance reports, but since he himself signed them he must have been fully aware of their contents."
Keywords:
cause of action; complainant; disclosure of evidence; no cause of action; personal file; request by a party; vague claim;
Judgment 317
39th Session, 1977
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The organisation and the Provident Scheme jointly concluded a contract with the complainant. "According to Article VII of its Statute the Tribunal hears complaints which challenge decisions and decisions alone, and that excludes contracts, for example. Unless the complainant is impugning a decision her complaint is irreceivable. If the complainant wished to avoid or vary the contract [...] she ought first to have asked the other parties and called for decisions from them on the matter. Those are the only kind of decisions she might have impugned before the Tribunal."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
application for quashing; cause of action; competence of tribunal; condition; contract; iloat statute; no cause of action; receivability of the complaint;
Judgment 280
37th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"According to Article II, paragraph 1, of its Statute the Tribunal may hear complaints lodged by officials subject to its jurisdiction alleging non-observance of the terms of their appointment or the Staff Regulations. The present complaint fulfils those requirements and is therefore receivable. It is immaterial that the complainant left the service of the organisation [...] since he is contesting decisions taken earlier. [...] To be receivable a complaint need only [...] allege breach of provisions or principles applicable to the staff."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
Keywords:
cause of action; competence of tribunal; consequence; receivability of the complaint; separation from service;
Judgment 278
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Although the applications to intervene [...] all of which have been submitted by [...] staff members who have an interest in the quashing of the impugned decision, are receivable, they are, like the complaints themselves, unfounded."
Keywords:
cause of action; intervention; receivability of the complaint;
Judgment 276
37th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Decision
Extract:
The Director-General having initiated the procedure which the complainant requested, his satisfaction has thus been obtained. The "complaint being devoid of substance, no decision is called for thereon."
Keywords:
case pending; cause of action; no cause of action; settlement out of court;
Judgment 261
35th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The complaint does not relate to any non-observance by the organization of the complainant's terms of appointment and consequently this claim falls outside the Tribunal's jurisdiction. It is therefore unnecessary to consider whether or not it is time-barred."
Keywords:
breach; cause of action; claim; competence of tribunal; complaint; consequence; no cause of action; organisation; receivability of the complaint; terms of appointment; time bar;
Judgment 256
34th Session, 1975
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant attacks the issue of an attestation containing details of his recruitment and his private life to the lawyer of his former wife. The Tribunal rules that this is indeed a decision but in order for the claim to be receivable, the complainant "must [...] have an interest which is worth safeguarding. On that score there is no doubt."
Keywords:
cause of action; communication to third party; personal file; receivability of the complaint;
Consideration 6
Extract:
The complainant invites the Tribunal to declare that a confidential file has been compiled relating to him; he seeks to be allowed to consult the file and have it destroyed. "These claims are receivable since the complainant has an interest in ensuring that all the documents concerning him should be put in his personal file, to which he has free access under [the applicable provision]. Also receivable are the claims [asking for] a list of the documents to which he is denied access, those claims being implicitly included in his original claims for relief."
Keywords:
application for quashing; cause of action; claim; complainant; confidential evidence; disclosure of evidence; personal file; receivability of the complaint; request by a party;
Judgment 224
31st Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Insofar as [the complainant] is claiming compensation on account of circumstances or actions of the [organisation] subsequent to [the date of expiry of his contract], he had at [that time] severed all his ties with [the organisation] and the dossier shows no trace of action by [the organisation] subsequent to [the material date] which might have arisen out of previous action or caused further injury to a former staff member who was no longer employed by [the organisation]."
Keywords:
cause of action; consequence; lack of injury; locus standi; no cause of action; separation from service; subsequent fact;
Judgment 221
31st Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"A decision impugned is the foundation of the Tribunal's competence under its Statute; and if none is impugned, it has no competence."
Keywords:
cause of action; competence of tribunal; decision; iloat statute; no cause of action; receivability of the complaint;
Judgment 220
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The decision is one the complainant impugns insofar as it "affects him as a French national". Staff members of French nationality whose interests are identical, "accordingly have an interest in intervening [...] Their intervention is therefore receivable. Staff members [...] of Belgian and Luxembourg nationality, who are subject to different national laws and regulations, have not the same interests as [the complainant], and accordingly their intervention is not receivable."
Keywords:
cause of action; intervention; nationality; receivability of the complaint;
Considerations
Extract:
The complainant had never availed himself of the opportunity which was available to him under a former provision to transfer part of his remuneration. Yet "[...] he had a direct and personal interest in seeking the quashing of a decision which deprived him of that possibility."
Keywords:
administrative instruction; amendment to the rules; cause of action; decision; injury; provision; receivability of the complaint; staff regulations and rules;
Judgment 208
30th Session, 1973
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The improprieties alleged by the complainant relate to posts put up for competition subsequently to his appointment, i.e. to procedures to which he was not a party. An official is not, however, entitled to complain of procedures in which he is not involved [...] In the present case the Tribunal is not called upon to consider the allegation of improprieties of procedure."
Keywords:
cause of action; competition; flaw; lack of injury; no cause of action; procedural flaw;
Judgment 196
29th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant seeks transfer to any D.1 post compatible with his qualifications and experience. As stated, the claim must be dismissed. "While [...] the complainant is entitled to resist the refusal to appoint him to a specific post which has been put up for competition, he cannot claim to be appointed to any D.1 post without the appointing authority having had the opportunity to appraise the various candidates who might have applied."
Keywords:
assignment; cause of action; no cause of action; receivability of the complaint; request for transfer;
Judgment 193
29th Session, 1972
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
None of the claims for compensation are sustainable "except as an element of damage flowing from some unlawful decision by the Director-General." In the present case, certain irregularities were committed and remedied; they were not of a character to invalidate the decision to transfer which the complainant did not contest at the time it was made. He also accepted a subsequent transfer. The complaint is dismissed.
Keywords:
acceptance; cause of action; flaw; lack of injury; no cause of action; purpose; transfer;
Judgment 189
28th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Whether the complainant did all that [could reasonably be expected of him] to comply with his obligations [under the rule respecting the submission of periodic reports in the event of illness] is open to doubt." The organization had offered to credit the complainant with four days' pay described as "special leave"; the complainant wanted "sick leave pay". The offer was sensible and reasonable and "the making of it left the claim without substance unless it could be said that some question of principle was involved. In the opinion of the Tribunal there is no such question."
Keywords:
cause of action; illness; lack of injury; no cause of action; offer; organisation; refusal; sick leave; special leave; staff member's duties;
Judgment 158
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Although the complainant's services terminated [...] as a result of his resignation, he was still entitled to challenge his grading during an earlier period."
Keywords:
cause of action; complaint; post classification; receivability of the complaint; resignation; separation from service;
Judgment 146
23rd Session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
After the complaint was lodged with the Tribunal, the Director-General reversed his decision to terminate the complainant's appointment and transferred him to headquarters until the date of expiry of his contract. "By this decision the Director-General over-ruled the impugned decision to terminate [his] appointment." The complainant has therefore lost his cause of action and the Tribunal need not entertain it.
Keywords:
case pending; cause of action; contract; fixed-term; no cause of action; settlement out of court; termination of employment; transfer;
Judgment 145
23rd Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The sole basis of the complaint is the fact that "one of [the complainant's] superiors made a marginal note which the complainant considers insulting on a routing slip attached to his leave card. This marginal note does not constitute a decision and, since it was written on a purely internal document [...] concerned [the complainant] alone and was in no way made public, it was not of a nature to cause the complainant any damage entitling him to any kind of compensation."
Keywords:
cause of action; complaint; lack of injury; no cause of action;
Judgment 126
20th Session, 1968
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The organization contends that the present complaint has become irrelevant because of the termination of the complainant's employment after the filing of the complaint. "But the legality of the decision to terminate, which is also attacked in a complaint before the Administrative Tribunal, depends on the disposal of the present complaint. Moreover, if the present complaint were held to be well founded, the complainant could claim damages even if her complaint concerning termination were to be dismissed."
Keywords:
cause of action; competence of tribunal; complaint; judicial review; receivability of the complaint; separation from service; termination of employment;
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