Cause of action (77,-666)

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Keywords: Cause of action
Total judgments found: 273

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• Judgment 102

  
  17th Session, 1967
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The present complaint involves claims all of which "are unconnected with [the] complainant's professional interests and consist of wild assertions, and for this reason alone must be dismissed."

  Keywords:

  cause of action; no cause of action; vexatious complaint;
  

  
  
  

• Judgment 101

  
  17th Session, 1967
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  See Judgment 102, consideration 3.

  Reference(s)

  ILOAT Judgment(s): 102
  

  Keywords:

  cause of action; no cause of action; vexatious complaint;
  

  
  
  

• Judgment 85

  
  14th Session, 1965
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  A letter sent by the organisation to the complainant effectively rescinded the decision and therefore invalidated the appeal, insofar as it is directed against that decision. It also "gave [the complainant] an opportunity of choosing between three possible courses of action; on this point the letter itself involved no decision and could not therefore be submitted to the Administrative Tribunal."

  Keywords:

  cause of action; no cause of action; receivability of the complaint; settlement out of court;
  

  
  
  

• Judgment 82

  
  14th Session, 1965
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The interveners [A and B], to whom [the] judgment [the application of which is requested] had awarded reimbursement of the expenses incurred by them, are holders of rights liable to be affected by the present judgment [...]. On the other hand, the interveners [X, Y and Z], insofar as they are acting on their own behalf, do not enjoy any right of that kind, and the staff association has no cause to intervene in the present proceedings. Their interventions are accordingly not receivable."

  Reference(s)

  ILOAT Judgment(s): 61
  

  Keywords:

  cause of action; injury; intervention; receivability of the complaint;
  

  Consideration 3

  Extract:

  The complainant requests compensation for the prejudice suffered as a result of the delay by the organisation in giving effect to the judgment. Intervenors x,y and z, insofar as they are acting on their own behalf, do not enjoy any right liable to be affected by the present judgment; they are also acting on behalf of the staff, who have no cause to intervene in the present proceedings. Their interventions are accordingly not receivable.

  Reference(s)

  ILOAT Judgment(s): 61
  

  Keywords:

  cause of action; intervention; lack of injury; locus standi; no cause of action; receivability of the complaint; staff representative; staff union;
  

  Consideration 1

  Extract:

  The complainant's submissions aimed at remedying the damage suffered through the delay on the part of the organisation in giving effect to the part of the judgment in question. They "thus bear upon the rights devolving directly from this judgment, delivered within the bounds of the competence of the Tribunal. The Tribunal is therefore competent to examine the new complaint [...] and, in particular, to judge whether it is appropriate to award compensation to remedy the damage caused by an infringement of those rights."

  Reference(s)

  ILOAT Judgment(s): 61
  

  Keywords:

  administrative delay; application for execution; cause of action; competence of tribunal; execution of judgment; injury; judgment of the tribunal;
  

  
  
  

• Judgment 60

  
  10th Session, 1962
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration II 2(A)

  Extract:

  The complainant has not suffered any financial prejudice. "On the other hand, the mere fact of belonging to a given grade does not carry any prestige value, unlike the use of a title, such as 'secretary' for instance [...]. Thus there is no moral prejudice."

  Keywords:

  cause of action; injury; lack of injury; moral injury; post classification; title of post;
  

  
  
  

• Judgment 54

  
  9th Session, 1961
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "The complainant had applied for the post [...] while still an official [of the organization], he is entitled to challenge the decision appointing another candidate to the post."

  Keywords:

  application for quashing; appointment; candidate; cause of action; competition; injury; internal candidate; locus standi; other;
  

  
  
  

• Judgment 45

  
  8th Session, 1960
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The letter in question "merely informed [the complainant] that at that stage of the proceedings the organization thought that no useful purpose would be served by continuing to correspond with her on any matters relating to her case except insofar as such correspondence related directly to the claims pending before the [appeals body]. There is nothing in that letter adversely affecting the rights of [the complainant]; consequently, it does not constitute an administrative decision that can be brought in issue before the Tribunal and the complaint is [...] not receivable."

  Keywords:

  cause of action; lack of injury; no cause of action; receivability of the complaint;
  

  
  
  

• Judgment 36

  
  7th Session, 1958
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "In the absence of a decision injurious to the complainant, his complaint is quite unfounded."

  Keywords:

  cause of action; complaint; lack of injury; no cause of action;
  

  Considerations

  Extract:

  "In drawing up the complainant's annual report, his supervisor did not deny the validity of the medical certificate submitted by the complainant to justify his absence but justly criticised the discourteous manner in which he had made use of a medical certificate to remain away from work [...]. The evaluation expressed in that report was made within the exercise of a discretion and constituted only a [preliminary] opinion [...]. There can be no recourse to the Tribunal in relation to this evaluation." The complainant was granted an annual increment on the basis of this report and there was therefore no decision which is injurious to the complainant.

  Keywords:

  cause of action; conduct; discretion; lack of injury; no cause of action; performance report; supervisor;
  

  
  
  

• Judgment 35

  
  7th Session, 1958
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "The Tribunal has put it that an intervention by Mr [X] was not receivable insofar as it would have been exercised by the person of the chairman of the [...] staff association who did not have this right." Moreover, the intervention was not receivable if made in a personal capacity since the intervenor "did not possess any right liable to be affected by [the resulting] judgment".

  Keywords:

  cause of action; intervention; locus standi; no cause of action; receivability of the complaint; staff representative; staff union;
  

  
  
  

• Judgment 33

  
  7th Session, 1958
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  Vide Judgment 35.

  Reference(s)

  ILOAT Judgment(s): 35
  

  Keywords:

  cause of action; intervention; locus standi; no cause of action; receivability of the complaint; staff representative; staff union;
  

  
  
  

• Judgment 32

  
  7th Session, 1958
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  Vide Judgment 35.

  Reference(s)

  ILOAT Judgment(s): 35
  

  Keywords:

  cause of action; intervention; locus standi; no cause of action; receivability of the complaint; staff representative; staff union;
  

  
  
  

• Judgment 28

  
  6th Session, 1957
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration (A)

  Extract:

  "The complainant, by accepting on several occasions and without reservation the payments made to him by the organisation [...], may be considered under general principles of law as having acquiesced in the actual offers which were made to him and as having relinquished the remainder of his claims."

  Keywords:

  acceptance; acquiescence; cause of action; compensation; no cause of action; offer; waiver of right of appeal;
  

  
  
  

• Judgment 25

  
  6th Session, 1957
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration (A)

  Extract:

  "The claim submitted by the complainant in respect of losses incurred in the sale of his furniture and car, separation pay for his servants, his temporary housing, and the loss of earnings which he sustained is not warranted by any irregularity [...]. No provision [...] provides for the payment of an indemnity on such grounds [...]. The said claim is therefore devoid of any foundation in law or in fact."

  Keywords:

  cause of action; claim; injury; no cause of action; personal effects;
  

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