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Costs for internal appeal procedure (871,-666)
You searched for:
Keywords: Costs for internal appeal procedure
Total judgments found: 25
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Judgment 4800
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her requests for special leave for very serious illness of a child.
Consideration 22
Extract:
[T]he complainant seeks reimbursement of the registration fee she had to pay, under Article 5(3) of the Implementing Rules for Articles 106 to 113 of the Service Regulations, when she lodged her internal appeal with the Appeals Committee. But that fee forms part of the costs of the internal appeal procedure. The Tribunal will only award costs for internal appeals in exceptional circumstances (see, for example, Judgments 4644, consideration 3, and 4392, consideration 13), and such circumstances do not exist in the present case.
Reference(s)
ILOAT Judgment(s): 4392, 4644
Keywords:
costs for internal appeal procedure;
Judgment 4665
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, whose post was reclassified retrospectively, claims compensation for the injury he considers he has suffered and requests that his resignation be redefined as a dismissal.
Consideration 10
Extract:
There are no grounds for awarding costs in respect of the internal appeals lodged by the complainant. Such costs may only be awarded under exceptional circumstances (see, in particular, Judgment 4541, consideration 12), which are not present in the instant case.
Reference(s)
ILOAT Judgment(s): 4541
Keywords:
costs for internal appeal procedure;
Judgment 4644
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has pursued a number of grievances with the EPO about financial matters and seeks an award of moral damages in relation to either the events underpinning his internal appeals or the conduct of the appeals themselves.
Consideration 3
Extract:
[T]he Tribunal will not award costs for internal appeals subject to a proviso that it may do so in exceptional cases (see, for example, Judgments 4392, consideration 13, 4217, consideration 12, and 4157, consideration 14). Nothing is pointed to by the complainant in his pleas which would support a conclusion that the circumstances concerning either appeal engaged the proviso. Accordingly, the complaint should, in this respect, be dismissed.
Reference(s)
ILOAT Judgment(s): 4157, 4217, 4392
Keywords:
costs for internal appeal procedure;
Judgment 4578
135th Session, 2023
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to investigate his allegations of harassment.
Consideration 11
Extract:
Based on the complainant’s counsel’s explanation that the complainant was ill and could not defend himself, as well as the medical certificates he provides stating that the complainant experienced difficulties concentrating and with his memory, the Tribunal concludes that there were exceptional circumstances for awarding costs to him in respect of the internal appeal proceedings. Accordingly, ITU will be ordered to reimburse the costs the complainant incurred up to 3,500 Swiss francs upon his presentation of the related receipts.
Keywords:
costs for internal appeal procedure;
Judgment 4554
134th Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision deriving from the Administrative Council’s decision CA/D 2/15 to require the recipients of the new retirement pension for health reasons to cease performing gainful activities or employment or to refrain from performing such activities or employment.
Consideration 8
Extract:
[T]he Tribunal considers that there are no grounds for awarding costs in respect of the internal appeal proceedings. Costs of this kind may be awarded only in exceptional circumstances (see, for example, Judgments 4157, consideration 14, or 4392, consideration 13). Such circumstances are not evident in this case.
Reference(s)
ILOAT Judgment(s): 4157, 4392
Keywords:
costs for internal appeal procedure;
Judgment 4541
134th Session, 2022
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to notify her of the outcome of the investigation into her internal complaint of moral harassment, the decision not to send her the full report drawn up following that investigation, and the decision not to inform her of the outcome of her internal complaint.
Consideration 12
Extract:
[T]he Tribunal recalls its case law according to which costs in respect of the internal appeal proceedings may only be awarded under exceptional circumstances (see, in particular, Judgment 4217, consideration 12), which are not present in the instant case.
Reference(s)
ILOAT Judgment(s): 4217
Keywords:
costs for internal appeal procedure;
Judgment 4512
134th Session, 2022
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision of the ICC Registrar to reject his grievance complaint against Mr H. and to close the case.
Consideration 8
Extract:
Under the Tribunal’s case law, costs in the internal appeal may be awarded only in exceptional circumstances (see Judgment 4217, consideration 12).
Reference(s)
ILOAT Judgment(s): 4217
Keywords:
costs for internal appeal procedure;
Judgment 4504
134th Session, 2022
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to demote her from grade P4 to grade P3 for a period of two years.
Consideration 4
Extract:
Under the Tribunal’s case law, legal costs for internal appeal proceedings may be awarded only in exceptional circumstances (see, for example, Judgment 4369, consideration 22). Such circumstances are not evident in this case. However, in awarding the complainant eight hours of legal fees, in the impugned decision, the Director General stated that that decision “was taken on an exceptional basis, as legal costs are not normally compensated at the stage of the internal proceedings before the Board” but that he took the decision “in light of the fact that [the complainant] challenged before the Board a disciplinary measure with a financial component and also because [she] succeeded in part”. The Director General thereby provided the basis for awarding the complainant eight hours of legal costs without indicating how he arrived at that amount. Given that the internal appeal resulted in a substantial reduction of the original demotion period it was reasonable, in the Tribunal’s view, to award the complainant a half of the legal costs which she incurred in the internal appeal, deducting therefrom the amount already paid to her for such costs. The Tribunal will so order.
Reference(s)
ILOAT Judgment(s): 4369
Keywords:
costs for internal appeal procedure;
Judgment 4500
134th Session, 2022
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to abolish the Joint Commissary Committee.
Consideration 12
Extract:
[T]he complainant’s claim that the AP-in-FAO be reimbursed the legal expenses incurred in the internal appeal proceedings, which the Appeals Committee recommended but the Director-General rejected, is unfounded. The FAO’s rules make no provision regarding such costs. Under the Tribunal’s case law, costs of this kind may be awarded only in exceptional circumstances (see, for example, Judgment 4369, consideration 22), which circumstances are not present in this case.
Reference(s)
ILOAT Judgment(s): 4369
Keywords:
costs for internal appeal procedure;
Judgment 4491
133rd Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss her with immediate effect for serious misconduct.
Consideration 24
Extract:
The complainant sought costs for the disciplinary proceedings and the proceedings before the President, that is, the request for review. Even if it is open to the Tribunal to make such orders, there would be no rational basis for treating such a request differently to a request for costs in the internal appeal. Such orders are only made in extraordinary circumstances (see Judgments 4392, consideration 13, and 4399, consideration 13) which do not exist in the present case.
Reference(s)
ILOAT Judgment(s): 4392, 4399
Keywords:
costs for internal appeal procedure;
Judgment 4488
133rd Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to transfer her to another post.
Consideration 8
Extract:
[The complainant] is not entitled to an order for legal costs incurred in the internal appeal proceedings as there are no exceptional circumstances to justify such an award (see, for example, Judgment 4399, consideration 13).
Reference(s)
ILOAT Judgment(s): 4399
Keywords:
costs for internal appeal procedure;
Judgment 4487
133rd Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the fact that the arrears owed to him in respect of his invalidity allowance, related benefits and unused leave following a retroactive modification of the monthly gross salary scales in December 2012 were not paid to him until January 2013.
Consideration 16
Extract:
The complainant’s claim for costs of the internal appeal shall be dismissed, as the Tribunal’s case law stipulates that “such costs may only be awarded under exceptional circumstances” (see Judgments 4156, consideration 9, 4392, consideration 13, and 4399, consideration 13), which do not exist in the present case.
Reference(s)
ILOAT Judgment(s): 4156, 4392, 4399
Keywords:
costs for internal appeal procedure;
Judgment 4457
133rd Session, 2022
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to summarily dismiss him.
Consideration 31
Extract:
[T]here are no grounds for awarding him costs for the internal appeal proceedings. Under the Tribunal’s case law, costs of this kind may be awarded only in exceptional circumstances (see, in particular, Judgments 4156, consideration 9, or 4217, consideration 12). Such circumstances are not evident in this case.
Reference(s)
ILOAT Judgment(s): 4156, 4217
Keywords:
costs for internal appeal procedure;
Judgment 4425
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject her request for reimbursement of the cost of her spa cure as a type A cure undergone for “absolute medical necessity”.
Consideration 11
Extract:
Regarding the complainant’s claim for costs arising from the internal appeal process, Article 8(9) of the Implementing Rules for Articles 106 to 113 of the Service Regulations (in force at the material time) provided that any costs incurred by an appellant in the course of the internal appeal proceedings shall be borne by the appellant, unless the competent appointing authority decided otherwise. The Tribunal has determined that such costs may only be awarded under exceptional circumstances (see, for example, Judgments 4157, consideration 14, 4217, consideration 12, and 4392, consideration 13), which do not exist in the present case.
Reference(s)
ILOAT Judgment(s): 4157, 4217, 4392
Keywords:
costs for internal appeal procedure;
Judgment 4422
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants are former permanent employees of the European Patent Office who challenge their January 2014 and subsequent payslips showing an increase in their pension contributions.
Consideration 20
Extract:
Under Article 7(9) of the Implementing Rules for Articles 106 to 113 of the Service Regulations, costs incurred in the internal appeal proceedings “shall be borne by [the appellant], unless the competent appointing authority decides otherwise”. The Tribunal determined that such costs may only be awarded under exceptional circumstances (see Judgments 4157, consideration 14, and 4217, consideration 12), which do not exist in the present cases.
Reference(s)
ILOAT Judgment(s): 4157, 4217
Keywords:
costs for internal appeal procedure;
Judgment 4399
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to transfer him from a manager position to a non-managerial post.
Consideration 13
Extract:
[The complainant's] claim for costs in the internal appeal proceedings will be rejected as there are no exceptional circumstances to justify such an award (see Judgment 4217, consideration 12).
Reference(s)
ILOAT Judgment(s): 4217
Keywords:
costs; costs for internal appeal procedure; internal procedure;
Judgment 4392
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to withdraw the disciplinary sanction of reprimand and remove it from her personal file.
Consideration 13
Extract:
The Tribunal determined that […] costs [for the internal appeal proceedings] may only be awarded under exceptional circumstances (see, for example, Judgments 4157, consideration 13, and 4217, consideration 12), which do not exist in the present case.
Reference(s)
ILOAT Judgment(s): 4157, 4217
Keywords:
costs for internal appeal procedure;
Judgment 4389
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to reimburse in full the costs he incurred in the internal appeal proceedings.
Judgment keywords
Keywords:
complaint dismissed; costs for internal appeal procedure;
Judgment 4373
131st Session, 2021
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to issue a written censure against him for breaches of his obligation to protect OPCW confidential information.
Consideration 14
Extract:
[T]he Tribunal considers that there are no grounds for awarding costs in respect of the internal appeal proceedings, since such costs may only be awarded under exceptional circumstances, which do not exist in the present case.
Keywords:
costs for internal appeal procedure;
Judgment 4369
131st Session, 2021
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment.
Consideration 22
Extract:
[T]here are no grounds for awarding [...] costs for the internal appeal proceedings.Under the Tribunal’s case law, costs of this kind may be awarded only in exceptional circumstances (see, in particular, Judgments 4156, consideration 9, or 4217, consideration 12). Such circumstances are not evident in this case.
Reference(s)
ILOAT Judgment(s): 4156, 4217
Keywords:
costs for internal appeal procedure;
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