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No cause of action (93,-666)
You searched for:
Keywords: No cause of action
Total judgments found: 74
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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 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A letter sent by the organisation to the complainant effectively rescinded the decision and therefore invalidated the appeal, insofar as it is directed against that decision.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 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;
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;
Judgment 16
5th Session, 1955
International Institute of Intellectual Co-operation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (A)
Extract:
"By acquiescing [...] in the reply given to her by the Director [...] (according to which reply the claim made by the complainant at the time of her termination that the termination certificate should state her grade as that of chief clerk was not founded), the complainant abandoned the only grievance which she claimed at the time against [the Institute] in so doing she waived the means of appeal open to her under the Staff Regulations".
Keywords:
acquiescence; internal appeal; no cause of action; termination of employment; waiver of right of appeal;
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