Investigation (860, 784, 898, 902, 903, 904, 906, 907, 913,-666)
You searched for:
Keywords: Investigation
Total judgments found: 172
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9 | next >
Judgment 876
63rd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
"A ruling on the lawfulness of the impugned decision requires disclosure of the papers the complainant cites and indeed the organization is not against disclosing them. The Tribunal orders further submissions as follows: [...]."
Keywords:
further submissions; inquiry; interlocutory order; investigation; transfer; working relations;
Judgment 804
61st Session, 1987
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"For want of other evidence the Tribunal cannot but conclude that the consultation required by the order [laying down the procedure to be followed when the reclassification of a post is requested] never took place. The requirement of an on-the-spot evaluation is not met by just taking note of the staff member's application: there must be a meeting and discussion with him on any points it may raise"
Keywords:
flaw; inquiry; investigation; post classification; procedural flaw; right to reply;
Judgment 727
58th Session, 1986
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant is mistaken in his contention that the filing of a suit with the municipal courts can have any effect on the receivability of a complaint lodged with the Tribunal. Suing Eurocontrol before the Sittard court did not have the effect of suspending the time limit for filing this complaint."
Keywords:
complaint; effect; inquiry; investigation; municipal court; new time limit; receivability of the complaint; time bar; time limit;
Judgment 630
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Only where the staff member's behaviour makes the situation intolerable may the administration contemplate giving him no work at all, and the decision will still be subject to judicial review. The same is true where a staff member commits gross misconduct, but for that provision is made in the staff regulations in the form of suspension with pay pending administrative investigation."
Keywords:
conduct; inquiry; investigation; judicial review; refusal to assign work; serious misconduct; staff regulations and rules; suspension;
Judgment 628
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The responsible officers carried out an on-the-spot investigation and concluded that the decision not to renew the complainant's contract was correct. "There is no reason to believe that these experienced officers would not be able to assess, quite dispassionately and accurately, the work performance of the complainant or that their advice was not fair and unprejudiced."
Keywords:
contract; fixed-term; inquiry; investigation; non-renewal of contract; unsatisfactory service;
Judgment 606
52nd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Following a recommendation by the Appeals Committee, the Director-General ordered a desk audit on the qualifications for the complainant's duties. The results were submitted to the committee responsible for post classifications, which advised that the post should not be reclassified. Determining the grade of a post is a matter falling within the discretion of the administration. Its conclusions can only be set aside on certain grounds, none of which have been established by the complainant in respect of the impugned decision.
Keywords:
discretion; inquiry; investigation; judicial review; post classification;
Judgment 594
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The extent of the duties and the nature of the responsibilities attached to a post are questions of fact. These facts were the subject of investigation and assessment [...] after interviews with the complainant and after consultation with the regional administration and the technical staff at headquarters. The Tribunal will not substitute its own assessment or direct that a new assessment be made unless it is shown that the [organisation] acted on some wrong principle."
Keywords:
discretion; inquiry; investigation; judicial review; post classification;
Judgment 556
50th Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Article 19 of the Rules of court "empowers the President to make such orders only in the interval between sessions. Thus when in session the Tribunal itself will order measures of investigation in accordance with Article 11(1) of its Rules."
Reference(s)
ILOAT reference: ARTICLES 11 AND 19 OF THE RULES
Keywords:
competence of tribunal; iloat statute; inquiry; interlocutory order; investigation; order; submissions;
Judgment 440
45th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"In accordance with a general principle, the findings in reports of this nature should not be disclosed and, unless they are necessary to judicial redress, the Tribunal abstains from ordering the production of them." At issue is the report of an internal inquiry into staff-management relations in connection with the termination of a probationer's contract.
Keywords:
confidential evidence; disclosure of evidence; inquiry; investigation;
Judgment 436
45th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Under Article VIII of its Statute the Tribunal is entitled to award the complainant compensation for the injury caused to him. "For this purpose the Tribunal may under Article 11 of its Rules order such measures of investigation as it considers desirable. But it will not order an investigation merely for the sake of ascertaining the facts; the investigation must be in aid of some relief, such as reinstatement or compensation, which it is within the jurisdiction of the Tribunal to grant."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE;
ARTICLE 11 OF THE RULES
Keywords:
competence of tribunal; condition; further submissions; iloat statute; injury; inquiry; investigation; material damages; moral injury; submissions;
Judgment 410
44th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"An incident of this sort between a P.6 officer and a regional director does not just explain itself [...]. It was essential for the Director-General to ascertain what explanation or excuse the complainant had to give. It cannot be said that it would inevitably have been unacceptable, since the [Appeals] Board, which characterised the complainant's conduct as 'not proper', none the less recommended that the reprimand should be withdrawn."
Keywords:
censure; conduct; disciplinary measure; inquiry; investigation; organisation's duties;
Judgment 404
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The Director-General stated that he would inquire into the truth of the alleged assurances given to the complainant. "That was a conciliatory gesture, and it meant neither the continuation of her earlier appeal nor the introduction of a new one. [...] Since the action he intended was informal, [the Director-General] was under no duty to give the complainant an opportunity to comment on the outcome. That she was not allowed to give evidence in the course of the inquiry therefore constituted no breach of the right to a hearing."
Keywords:
contract; executive head; inquiry; investigation; promise; right to reply;
Judgment 402
43rd Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"If there is doubt about the safety of a place of work, it is the duty of the employer to make the necessary inquiries and to arrive at a reasonable and careful judgement [...]. If [the employee] accepts the order, as prima facie he is bound to do, and the employer has failed to exercise due skill and care in arriving at his judgment, the employee is, subject to any contrary provision in the contract, entitled to be indemnified in full against the consequences of the misjudgment."
Keywords:
acceptance; assignment; damages; duty station; inquiry; investigation; negligence; organisation; organisation's duties; right; special hazard;
Judgment 377
42nd Session, 1979
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Committee carried out a complete review of the complainant's case and thereby did what the Director-General asked it to do; it was empowered to dismiss as pointless or immaterial the complainant's applications for an inquiry and for the hearing of witnesses; its report answers all the arguments and adequately bears out its conclusions. There is no evidence of any procedural flaw.
Keywords:
complainant; inquiry; internal appeals body; investigation; oral proceedings; refusal; request by a party;
Judgment 268
36th Session, 1976
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant's appointment was not renewed on the grounds of unsatisfactory performance and poor relations with her supervisor. Her previous supervisors had been consistently satisfied and the record contains no serious criticisms. "[T]he regional administration failed in particular to carry out a thorough and impartial inquiry, which would have been possible shortly after the incidents in question, and merely endorsed the report made by [the supervisor], whose impartiality was in dispute. [...] The decision [...] was not based on the interests of the Office"; the Tribunal will set it aside.
Keywords:
bias; contract; different appraisals; fixed-term; inquiry; investigation; non-renewal of contract; organisation's interest; performance report; supervisor; unsatisfactory service; working relations;
Judgment 223
31st Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
It appears from the evidence that the "sole purpose [of the decision not to renew the complainant's contract upon his reaching retirement age] was to remove [him]." Certain irregularities could be observed in his service, but no serious inquiry was made nor any disciplinary proceedings undertaken. "[T]he decision [...] was based on mere suspicions unsupported by the slightest evidence, and is therefore tainted by misuse of authority and must be quashed."
Keywords:
abuse of power; age limit; contract; disciplinary procedure; fixed-term; inquiry; investigation; lack of evidence; misconduct; misuse of authority; non-renewal of contract; retirement;
Judgment 192
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant had been admitted to hospital suffering from a nervous breakdown. "The Director-General did not [...] exceed his discretion in failing to inquire into the working conditions prevailing at the complainant's place of employment. Whether or not the complainant's criticisms are justified, the fact remains that he reacted to the alleged difficulties in an abnormal manner which gave plausibility to the possibility of a relapse and appeared to justify his termination under" the applicable provision.
Keywords:
discretion; executive head; health reasons; inquiry; investigation; probationary period; project personnel; qualifications; refusal; termination of employment; termination of employment for health reasons; working conditions;
Judgment 177
26th Session, 1971
United International Bureaux for the Protection of Intellectual Property
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Preamble
Extract:
The President of the Tribunal issued an order to the Registrar instructing him "to make inquiries of the intergovernmental organisations with headquarters at Geneva concerning the practice followed by them in respect of reimbursement of tax paid on earned income by members of their staff".
Keywords:
inquiry; investigation; order; practice; refund; rule of another organisation; tax;
Judgment 172
26th Session, 1971
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant, who was dismissed without inquiry on the basis of unsupported allegations, is entitled to "a sum in respect of the disturbance of his living conditions and family life which the [Director-General] unlawfully caused him and in respect of the moral injury which he suffered on account of the unjust charges brought against him. Considering that he obtained equivalent employment fairly soon, the injury will be fairly assessed by awarding compensation amounting to 15,000 French francs."
Keywords:
amount; contract; fixed-term; injury; inquiry; investigation; lack of evidence; material damages; moral injury; termination of employment;
Considerations
Extract:
No real inquiry was made. The allegations against complainant were improbable. "The Tribunal can only find that the facts leading to the imposition of the sanction are in no way proved and decide that the impugned decision should be quashed. There is no reason to order the complainant's reinstatement, which in any case he does not claim; his entitlement to compensation for the injury suffered by him should, however, be considered.
Keywords:
damages; evidence; injury; inquiry; investigation; lack of evidence;
Considerations
Extract:
"Th[e] charge [of attempted theft] was brought by the shop manager [...] eleven days after the incident to which it related. [The complainant] immediately denied the charges and gave a totally different and at first sight not improbable version of the incident. The Personnel Officer of the Regional Office, appointed by the Regional Director to make an inquiry, merely heard the statements of the shop manager who had brought the charges, and of three of his employees, only one of whom had apparently witnessed the alleged attempted theft."
Keywords:
burden of proof; damages; disciplinary procedure; evidence; inquiry; investigation; lack of evidence; standard of proof;
Judgment 169
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Informed of the uncertainty of his position, [the complainant] could not reasonably interpret the absence of a decision before the normal termination of the probation period to mean that the organization [...] implicitly agreed to keep him in its employment. On the contrary, he must have known that the Director-General would await the results of the investigation which had been ordered before reaching a decision, that is, that the probation period was tacitly extended for as long as a formal decision still remained to be taken."
Keywords:
extension of contract; inquiry; investigation; probationary period;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9 | next >
|
