Case reopened (26,-666)

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Keywords: Case reopened
Total judgments found: 4

• Judgment 1115

  
  71st Session, 1991
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The Appeal Board, which had new evidence before it, agreed to reopen the internal proceedings. It then reported that it was unable to make a further recommendation. The Director General took no further express decision. But that "does not preclude the complainant from impugning the implied decision that followed the resumption of hearings by the Board on the strength of new evidence. The outcome of the resumed hearings must be subject to review by the Tribunal even though the implied decision is the same in purport as the original decision."

  Keywords:

  case reopened; failure to answer claim; implied decision; internal appeals body; new time limit; receivability of the complaint;
  

  
  
  

• Judgment 1109

  
  71st Session, 1991
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  After recommending that the complainant should get a personal promotion, the Selection Board held a further meeting at the instance of the Deputy Director-General and shifted ground. The Tribunal holds that "in only two cases may an internal body be asked to think again. One is where something unforeseeable and of decisive moment occurs after it has reported, and the other is where there comes to light some fact or evidence, again of cardinal importance, that it did not know of or could not have known of before it reported." Since those conditions were not met in the instant case, the decision is tainted with a procedural flaw and must be quashed. The complainant is sent back to the Organisation for his case to be reviewed.

  Keywords:

  advisory body; case reopened; condition; flaw; internal appeals body; organisation; procedural flaw; request by a party; selection board;
  

  
  
  

• Judgment 676

  
  56th Session, 1985
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  A staff member may ask the administration for review of a decision either when some new and unforeseeable fact of decisive importance has occurred since the decision was taken or where the staff member is relying on facts or evidence of which he was not and could not have been aware before the decision was taken. If either condition is fulfilled the administration is under a duty to review, and the new decision will set a new time limit.

  Keywords:

  case reopened; complainant; condition; internal appeal; internal appeals body; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; request by a party; start of time limit; time limit;
  

  
  
  

• Judgment 249

  
  34th Session, 1975
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  According to the applicable provision and the principle whereby final administrative decisions may not be interfered with, the exceptional power be stowed on the Secretary-General to reopen a case forms part of his purely discretionary authority; "the Tribunal may not review his exercise of that power unless, for example, there is an error of law or of fact or an obvious mistake of interpretation."

  Keywords:

  case reopened; discretion; executive head; judicial review;
  

  Considerations

  Extract:

  The complainant "did not appeal to the Tribunal against either decision within the statutory time limits. The decisions have therefore become final and are no longer open to appeal unless the Secretary-General exercises his power to reopen the case."

  Keywords:

  case reopened; decision; exception; internal remedies exhausted; receivability of the complaint; time bar; time limit;