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Composition of the internal appeals body (813, 82, 973,-666)
You searched for:
Keywords: Composition of the internal appeals body
Total judgments found: 58
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Judgment 4699
136th Session, 2023
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decisions that found that his injuries had consolidated without permanent invalidity.
Consideration 9
Extract:
[T]he fact that the Secretary of the Joint Committee for Disputes was a “direct subordinate” of the Head of the Human Resources and Services Unit does not in itself compromise the independence and impartiality of that body (see, in this connection, Judgment 4594, consideration 5).
Reference(s)
ILOAT Judgment(s): 4594
Keywords:
composition of the internal appeals body;
Judgment 4662
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the Secretary General’s decision to reject her application for voluntary departure and her claim for compensation for “legitimate resignation”.
Consideration 6
Extract:
With regard to her first plea concerning the unlawfulness of the decision refusing her application for voluntary departure owing to flaws in the procedure before the Workforce Mobility Committee, the complainant firstly submits that the Committee was not composed in compliance with Article 2.1 of Staff Instruction No. 2015.26, in that only three of the five members specified took part.
However, according to the evidence in the file, in July 2018 the Executive Director, Police Services (EDPS), also held the position of Executive Director for Strategy and Governance (EDSG), and the position of Assistant Director of Finance and Procurement (EDRM/FSSM/FIN) was vacant and so supervised by the Executive Director for Resource Management (EDRM). Both these directors were members of the Committee. The complainant does not effectively contest this fact, which explains why the Committee sat in the composition in question.
This argument will therefore be rejected.
Keywords:
composition of the internal appeals body;
Judgment 4599
135th Session, 2023
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish her post, reassign her, terminate her contract including the decision to defer the date of her termination, and to reject her claims of retaliation.
Consideration 9
Extract:
The complainant argues that there was conflict of interest because the composition of the GBA was the same as the one that examined her previous appeal underlying her second complaint; hence, its members were influenced by their findings on that appeal, in particular the finding that her allegations of harassment were not supported by facts. However, the fact that some members of the GBA had sat in a prior appeal and arrived at conclusions adverse to the complainant did not prevent them from considering the appeal at issue in the instant case, as the complainant asserts.
Keywords:
composition of the internal appeals body; conflict of interest;
Judgment 4594
135th Session, 2023
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the cancellation of a competition in which she took part.
Consideration 5
Extract:
[T]he complainant alleges that the independence of the Joint Committee for Disputes was compromised by the fact that the Secretary of the Committee was a subordinate of the Head of the Human Resources and Staff Administration Service.
The Tribunal notes, however, first, that the appointment by the Director General of a Eurocontrol official as the Secretary of the Committee is expressly provided for in Article 2 of the Annex to Office Notice No. 06/11 on the Functioning of the Joint Committee for Disputes tasked with handling complaints and, secondly, that there is nothing to preclude that official from being a subordinate of that Head of Service. The Secretary of the Committee, who fulfils a purely administrative role, does not form part of the Committee. In the present case, there is no evidence to suggest that the Secretary overstepped his role, nor, a fortiori, that he attempted to influence the members of the Committee in a way dictated by his superior.
Keywords:
composition of the internal appeals body;
Judgment 4570
134th Session, 2022
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject her request to suspend the consideration by the Joint Administrative Review Board of three internal appeals she had lodged, pending the Tribunal’s determination on corresponding complaints filed directly with it.
Consideration 3
Extract:
In the request addressed to the Director General the complainant raised a number of issues related to the composition of the JARB. In substance, the complainant argues that the Administration as a whole has a conflict of interest in all internal appeals lodged by her. However, this type of argument can be invoked before the Tribunal only when challenging a final administrative decision. Indeed, a decision concerning the composition of an internal body is not a final administrative decision amenable to review by the Tribunal, but merely a step in the process leading to a final administrative decision. As such, it may be challenged before the Tribunal only in the context of a complaint impugning the decision to be taken at the end of the internal appeal procedure (see, for example, Judgments 4131, consideration 4, and 4297, consideration 7).
Reference(s)
ILOAT Judgment(s): 4131, 4297
Keywords:
composition of the internal appeals body; internal remedies not exhausted; step in the procedure;
Judgment 4447
133rd Session, 2022
International Olive Council
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the withdrawal of some of her functions, arguing that such removal amounted to de facto demotion.
Consideration 10
Extract:
The evidence does not reveal that the Joint Committee was not constituted in accordance with Article 2 of its Procedure. Nonetheless, its composition bears out the complainant’s observation that it could not be seen as an internal appeal body which was objective or impartial owing to the “contamination between professional tasks” and the overlapping of roles and functions. […] The Tribunal concludes that the obvious close administrative roles of some of the members of the Joint Committee violated the complainant’s right to have her internal appeal heard by a properly functioning body.
Keywords:
composition of the internal appeals body; impartiality;
Judgment 4419
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest the appointment of members of the General Advisory Committee in 2012 and 2013.
Judgment keywords
Keywords:
cause of action; complaint dismissed; composition of the internal appeals body; consultation; member of an internal body;
Consideration 4
Extract:
In a judgment delivered by the Tribunal on 24 July 2020, Judgment 4322, there was a conclusive determination that staff members in the position of the complainants had no cause of action to challenge, relevantly, the appointment of Vice-Presidents to the GAC (see Judgment 4322, considerations 8 and 9). Indeed the three complainants in the present proceedings were complainants in the proceedings leading to Judgment 4322. The question of whether the complainants had a cause of action was raised by the Tribunal of its own motion notwithstanding it had not been raised by the parties before the Tribunal. It is unnecessary to repeat the analysis of the Tribunal in Judgment 4322. Suffice it to note that there are no material factual or legal differences between the circumstances addressed in that judgment and those of the present case [...].
Reference(s)
ILOAT Judgment(s): 4322
Keywords:
cause of action; composition of the internal appeals body; member of an internal body; precedent;
Judgment 4318
130th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests his objectives for the reporting exercise January to December 2015 and the composition of the Appeals Committee that issued the opinion on the basis of which the impugned decision was taken.
Judgment keywords
Keywords:
composition of the internal appeals body; performance evaluation;
Consideration 9
Extract:
The allegation that the Appeals Committee was improperly composed due to three of the members having been members of the Committee which was found to be unlawfully composed in Judgment 3785, is unfounded. The composition of that prior Committee was found to be unlawful as it breached the applicable rules in force at the material time, not for any reason relating to the individual members.
Reference(s)
ILOAT Judgment(s): 3785
Keywords:
composition of the internal appeals body; conflict of interest;
Judgment 4090
127th Session, 2019
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the processing of his application for a disability benefit and the calculation of his sick leave entitlements.
Consideration 9
Extract:
[T]he final constitution of the Board [was delayed] for almost four months. This was an unreasonably long period and delayed the resolution of the complainant’s application, which was ultimately successful, for a disability benefit. While the complainant has not discharged the burden of proving retaliation, bias and prejudice, the IAEA is liable for the consequences of this delay involving, as it does, a breach of its duty of care towards the complainant, a ground relied on by the complainant in his fifth argument (see Judgment 2936, consideration 19). The IAEA, through its officers, was obliged to take all reasonable steps to ensure that the complainant’s request for review of the decision to refuse him a disability benefit was dealt with as expeditiously as possible. If, as happened, an impasse about who should be the Chair arose between a member of the Board nominated by the staff member and a temporary member [...] of the Board nominated by the Administration who also had the responsibility to nominate another member as his own replacement, then steps should have been taken with great expedition to nominate the member to replace him.
Keywords:
breach; composition of the internal appeals body; delay; disability benefit; duty of care; medical board; organisation's duties;
Judgment 4049
126th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the composition of the Appeals Committee which issued the opinion on the basis of which the impugned decision was taken.
Considerations 5-6
Extract:
The Tribunal’s examination is limited to considering the provision in force at the material time [...].
At the material time, Article 5 of the Implementing Rules concerning the appointment of members of the Appeals Committee provided for the appointment of full members and alternate members.
The Tribunal is satisfied that two of the four members were appointed by the President [...] and two were chosen “[b]y way of exception” among eligible staff members [...], and considers that the Committee’s balanced composition was guaranteed in accordance with the provisions of Article 36(2)(a) of the Service Regulations, which are not ambiguous. The Appeals Committee was competent to rule on the legality of its composition, which is a condition for its competence. The Appeals Committee’s decision to apply the summary procedure was a proper exercise of its power of evaluation.
Keywords:
composition of the internal appeals body;
Judgment keywords
Keywords:
complaint dismissed; composition of the internal appeals body;
Consideration 1
Extract:
The claim raised by the complainant that the Appeals Committee, which, by a summary procedure, in accordance with Article 9 of the Implementing Rules for Articles 106 to 113 of the Service Regulations, unanimously recommended rejecting his appeal as
manifestly irreceivable, was improperly constituted is a threshold issue. One member of the Appeals Committee issued a concurring opinion in which he agreed with the findings and conclusions of the other members, except with respect to the issue of the composition of the Appeals Committee.
Keywords:
composition of the internal appeals body;
Judgment 4035
126th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant accuses her former supervisor of moral harassment.
Consideration 9
Extract:
[F]irstly, an official’s right to be informed of the composition of the Appeals Board, the main purpose of which is to enable members of the Board to be recused, does not entitle her or him to be given the names of the Administration’s representative and observer, who are not members of the Board.
Secondly, even assuming that the complainant was entitled to be provided with the documents that she wished to consult, the evidence does not show that the failure to disclose those documents had, in this case, a material impact on her right to be heard.
Keywords:
composition of the internal appeals body; disclosure of evidence; right to information;
Judgment 4001
126th Session, 2018
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to confirm the appointment of Ms S. to the post of Head of the Caribbean Section.
Consideration 8
Extract:
These circumstances are not the same as those in Judgment 3184, for example, in which the Tribunal stated, in consideration 15, that if a member of an internal appeal board had already expressed a concluded view on the merits of an appeal and was later appointed to a new internal appeal board to express an opinion on the same merits in a later appeal, their impartiality and objectivity could be questioned.
Reference(s)
ILOAT Judgment(s): 3184
Keywords:
composition of the internal appeals body; conflict of interest; internal appeals body;
Judgment 3890
124th Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject his internal appeal.
Considerations 3-4
Extract:
In his submissions the complainant dwells at length on the issue of the composition of the Appeals Committee, which he considers was unlawful. In support of his arguments he refers to Judgment 3694, concerning his third complaint, in which the Tribunal found that the Appeals Committee was not properly composed. After the filing of the present complaint, the Tribunal delivered Judgment 3785, which is even more relevant to this case in view of the composition of the Appeals Committee that dealt with the underlying internal appeal. In light of these judgments, the complainant is correct in considering that the Appeals Committee which issued an opinion on his appeal was not composed properly, which renders the final decision of the Principal Director Human Resources based on that opinion unlawful.
Ordinarily, this finding would lead the Tribunal to remit the matter to the EPO so that the complainant’s internal appeal could be examined by an Appeals Committee composed in accordance with the applicable rules. In this case, however, the Tribunal will not proceed in that manner. As the complaint is clearly devoid of merit, no useful purpose would be served by sending the case back to the EPO.
Keywords:
composition of the internal appeals body; flaw;
Judgment 3888
124th Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss her with immediate effect for misconduct.
Consideration 24
Extract:
The complainant objects to two deputy members participating in the disciplinary proceedings in place of two members who were not available for the rescheduled hearing date. The Tribunal notes that the complainant was notified on 3 February 2014 of the composition of the Disciplinary Committee, including of the names of the Chairman, the four members, and the four deputy members. She had five days from that notification to object to any of the members or deputy members in accordance with Article 98(5) of the Service Regulations, which provides, in relevant part, that “[w]ithin five days of the drawing of lots for forming the Disciplinary Committee, the employee concerned may make objection in respect of any of its members other than the Chairman”. As she did not object to the deputy members at that time, she was time-barred from objecting to their participation at the later date when she was informed that they would attend the hearing in place of the two unavailable members.
Keywords:
composition of the internal appeals body; disciplinary procedure; due process;
Judgment 3422
119th Session, 2015
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the Global Fund breached its duty of care towards the complainant and that his separation entitlements were not sufficient.
Consideration 12
Extract:
[The complainant submits that] the composition of the selection panel was flawed. One member of the panel was a person who had been two levels below him in the administrative hierarchy and the complainant had sided with this person’s first level supervisor in not increasing her performance rating. She was thus, the complainant submits, “in a conflicted position”. The complainant also points to the fact that the majority of the members of the selection panel were more junior than him and not able to effectively evaluate his qualifications, experience and performance. Also, changes were made to the recruitment panel which he had not been afforded the opportunity to challenge. Several other specific complaints were made by the complainant about the selection process. However what the complainant singularly fails to do is demonstrate that it is probable some or a number of members
of the selection panel were biased against him or that the panel or selection process was otherwise flawed.
Keywords:
bias; burden of proof; composition of the internal appeals body; flaw; selection board;
Judgment 3214
115th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully impugns the decision not to extend his appointment beyond retirement age.
Consideration 22
Extract:
The complainant, who requested the extension of his appointment beyond normal retirement age, claims that he was not informed of the names of the members of the Selection Committee.
"In the instant case, while the Organisation does not dispute the fact that it did not advise the complainant of the names of the Committee members, he does not say that he asked for this information, although he had every opportunity to do so during the proceedings, in particular when he received the invitation to his interview with that body. Since he did not seek to assert that right, he may not submit that the [Organisation], which was not obliged to supply him with the information in question of its own accord, denied him the possibility of exercising it."
Keywords:
age limit; composition of the internal appeals body; discretion; extension beyond retirement age; request by a party; retirement; right; selection board;
Judgment 3184
114th Session, 2013
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to suspend him without pay, alleging that it was taken in breach of the rule against double jeopardy.
Consideration 15
Extract:
"The complainant objected, in his memorandum to the Secretary of the Appeals Committee, that three members of the Committee had already considered the same facts in a previous appeal. [...] The Tribunal considers that the specific rule relating to disqualification of members of the Appeals Committee stated in Manual paragraph 331.2.31 is not a complete and exhaustive statement of the circumstances in which a member is disqualified from hearing an appeal. The fundamental function of the internal appeal procedure, which is “an important safeguard of staff rights and social harmony” (see Judgment 1317, under 31), requires that “the members of an internal appeal body should not only be impartial and objective in fact, but that they should so conduct themselves and be so circumstanced that a reasonable person in possession of the facts would not think otherwise. In this last regard, it is necessary only to observe that staff confidence in internal appeal procedures is essential to the workings of all international organisations and to preventing disputes from going outside those organisations” (see Judgment 2671, under 11). If a member of the Appeals Committee had already expressed a concluded view on the merits of an appeal and was later appointed to a new Appeals Committee to express an opinion on the same merits in a later appeal, their impartiality and objectivity could be questioned."
Reference(s)
Organization rules reference: Manual paragraph 331.2.31
ILOAT Judgment(s): 267, 1317
Keywords:
bias; composition of the internal appeals body; internal appeal; internal appeals body; organisation's duties; safeguard;
Judgment 3158
114th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the lawfulness of the decision not to reimburse the pharmaceutical products prescribed by his doctor.
Consideration 4
Extract:
"[T]he complainant only became aware of the substitution of one of the members of the Internal Appeals Committee (which occurred after the hearings) when he received a copy of the Internal Appeals Committee’s opinion. For the sake of transparency and due process, the complainant should have been informed at the time of the substitution so that he could exercise his right to contest the composition. The fact that the alternate member voted in the complainant’s favour does not redeem that flaw. Moreover, the alternate member did not attend and participate in the hearing, whereas his participation could have changed or influenced the Internal Appeals Committee’s final opinion."
Keywords:
advisory body; composition of the internal appeals body; consequence; due process; duty to inform; flaw; internal appeal; internal appeals body; organisation's duties; procedural flaw; right to reply;
Judgment 3052
112th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint dismissed; composition of the internal appeals body; selection board; selection procedure;
Judgment 2996
110th Session, 2011
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15-16
Extract:
"While generally speaking there is no reason why an advisory body on medical questions should not comprise the same members when it has to give a series of opinions on developments in the condition of the same official, that is not the case where it is required to give a second opinion on the same request of that person, as occurred here. [...] As the Tribunal found in [...] Judgments 179 and 2671, the rule that members of an advisory body must not examine a case on which they have previously expressed a view applies even in the absence of an express text, since its purpose is to protect officials against arbitrary action."
Reference(s)
ILOAT Judgment(s): 179, 2671
Keywords:
advisory body; bias; composition of the internal appeals body; exception; medical board; medical opinion; no provision; official; organisation's duties; purpose; request by a party; safeguard;
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