Internal appeals body (79, 80, 81, 84, 822, 823, 90, 91, 742, 785, 786, 813, 82, 973, 819,-666)
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Keywords: Internal appeals body
Total judgments found: 299
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Judgment 275
36th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is not necessary to consider whether the internal time limit was respected since the Appeals Committee decided on the merits."
Keywords:
internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint; time bar; time limit;
Judgment 261
35th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant claims an indemnity to cover the cost of travel expenses incurred in connection with the proceedings. "[T]he organization did not agree to pay these expenses, the expenses do not arise out of this claimant's terms of appointment and were not in the opinion of the Tribunal reasonably necessary for the presentation of his claims. This claim therefore fails on the merits."
Keywords:
complainant; internal appeal; internal appeals body; refund; request by a party; travel expenses;
Judgment 232
32nd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[S]ince the complainant had let it be clearly understood that he would not attend the meeting and would be represented at it, the fact that he was not told of its exact date is immaterial to the propriety of the proceedings."
Keywords:
complainant; counsel; date; duty to inform; flaw; internal appeal; internal appeals body; procedural flaw; procedure before the tribunal; right to reply;
Considerations
Extract:
The appeals body "was free to determine whether it had enough information at its disposal and whether or not in establishing the truth it would serve any purpose to hear witnesses in the course of proceedings which by their very nature should be and are mainly written."
Keywords:
adversarial proceedings; internal appeals body; oral proceedings; refusal;
Considerations
Extract:
"The fact that [the official in question] was a member of the Appeals Board although as chief of personnel he had previously appointed the complainant to [two posts] cannot taint the composition of the Board with irregularity nor afford grounds for debarring that senior official."
Keywords:
composition of the internal appeals body; internal appeals body; recusal;
Judgment 221
31st Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The complainant does not allege that an obligation to pay the fees and expenses incident to an appeal is one of the terms of his appointment or the subject of any provision in the Staff Regulations [which contain no] general or implied obligation to pay costs. For this reason, the Tribunal is not competent to order the relief requested."
Keywords:
competence of tribunal; counsel; internal appeal; internal appeals body; organisation's duties; refund;
Judgment 219
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 216, consideration 1.
Reference(s)
ILOAT Judgment(s): 216
Keywords:
competence; competence of tribunal; internal appeals body; tribunal;
Judgment 216
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The internal procedure and the procedure before the Administrative Tribunal are connected, the former being a necessary prelude to the latter. Subject to any provisions to the contrary in its own Statute, therefore, the Administrative Tribunal is competent to hear any cases which are referable to the internal appeals body."
Keywords:
competence; competence of tribunal; internal appeals body; tribunal;
Judgment 207
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Director-General adopted the recommendation of the internal appeals body; neither he nor the appeals body was bound by the recommendations of the Disciplinary Committee "and he could lawfully impose a penalty more severe than had been recommended by those bodies."
Keywords:
binding character; decision; disciplinary measure; discretion; enforcement; executive head; internal appeals body; recommendation;
Judgment 200
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[I]t appears from the minutes of the Advisory Board's meeting that, contrary to what the complainant alleges, he was given a hearing by the Board, and that in any case he was able to submit full written and oral observations to the Appeals Board, whose recommendation the Director-General accepted."
Keywords:
advisory body; increment withheld; internal appeals body; judicial review; right to reply; unsatisfactory service;
Judgment 179
27th Session, 1971
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The mere fact that one member of the Advisory Board was the son-in-law of the wife of a staff member serving in the same division as the complainant at a higher grade is not sufficient to constitute a ground for withdrawal. There is no direct relationship either by blood or by marriage between the member and the official concerned, and the latter [...] cannot [...] be regarded as his supervisor in the proper sense of the term." He was not required to withdraw.
Keywords:
advisory body; composition of the internal appeals body; condition; family relationship; internal appeals body; recusal;
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 158
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
In asking the Tribunal to endorse the recommendations of the Appeals Committee, "the complainant has misunderstood the respective role of these two bodies. The Board of Inquiry and Appeal, as an advisory body, may take into account considerations of expediency, whereas the Tribunal, as a judicial organ, must confine itself to considering whether the decision impugned is in conformity with the applicable rules."
Keywords:
advisory body; competence; competence of tribunal; complainant; difference; enforcement; internal appeals body; recommendation; request by a party; tribunal;
Consideration 1
Extract:
The Headquarters appeals body found several irregularities in the procedure followed by the regional appeals body. These irregularities "do not affect the validity of the decision impugned which was taken by the Director-General on the completion of a regular form of procedure after exercising powers of investigation as broad as those of the Regional Director on the advice of a body which, like the Regional Board, had a joint composition.
Keywords:
field; flaw; internal appeal; internal appeals body; judicial review; lack of injury; procedure before the tribunal;
Judgment 155
24th Session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
There is no provision in the Staff Rules for the reimbursement of travel expenses and the payment of a subsistence allowance to officials wishing to attend the meetings of the appeals bodies at which their claims are heard. The complainant therefore has no right to such reimbursement. The organization undertook voluntarily to pay his travel expenses for the purpose of his appearance before the appeals body.
Keywords:
internal appeals body; organisation's duties; refund; right; travel expenses;
Judgment 149
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The applicable provision "is specific that a staff member can only designate another staff member to represent him before the committee. It follows that any advice sought from some outside source must be paid for by the staff member himself."
Keywords:
complainant; counsel; internal appeal; internal appeals body; refund;
Consideration 2
Extract:
The appeals body which heard the persons closely concerned with the appeal, found that the increase had been withheld out of personal prejudice. Under the applicable provision, the body was competent "to find the existence of prejudice. the Director-General therefore committed an error of law in stating [...] that he could not endorse the recommendation of the Appeals Committee on this point simply on the ground that the committee was not competent to make such a recommendation."
Keywords:
bias; competence; decision; enforcement; executive head; flaw; grounds; increment withheld; internal appeals body; recommendation; refusal; report; salary; step;
Judgment 133
21st Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant objects to the organization's failure to disclose certain documents until after the internal appeals procedure was under way. "It has not been established that either of these documents in any way influenced the decision to terminate the complainant's appointment. The alleged delay in producing them did not therefore constitute a violation of his right to be heard."
Keywords:
administrative delay; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; organisation; right to reply;
Judgment 92
16th Session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In transmitting to the complainant only the recommendations of the report, without the reasons stated therein, the organization ignored the official's right to be heard."
Keywords:
disclosure of evidence; grounds; internal appeals body; organisation; refusal; report; right to reply;
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 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 50
8th Session, 1960
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Any advisory administrative body that receives a request in accordance with its rules must, in all cases, express an opinion on the request, whatever the validity of the request, whenever the persons concerned are entitled to submit a matter to it; this is the case even if the said request is deemed to be not receivable. Questions of receivability often raise problems that are difficult to solve, and complainants are entitled to have them examined in the same manner as questions of substance."
Keywords:
advisory body; consultation; internal appeals body; report;
Judgment 32
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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 20
5th Session, 1955
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on the substance (C)
Extract:
"The decision taken by the Director-General [...] was preceded by a referral to the Board of Inquiry and Appeal competent to advise [him] ; [...] the opinion given by the said Board in no way binds the Director-General and even if the Board had the right to modify certain time limits no complaints can be laid against the Board for not having exercised such option; [...] it was for the Director-General to appreciate whether the opinion as formulated sufficed as a basis for his decision."
Keywords:
binding character; discretion; enforcement; executive head; internal appeals body; recommendation;
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