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Judgment No. 92

Decision

THE COMPLAINT IS DISMISSED.

Consideration 5

Extract:

"In transmitting to the complainant only the recommendations of the report, without the reasons stated therein, the organization ignored the official's right to be heard."

Keywords

grounds; organisation; internal appeals body; report; disclosure of evidence; right to reply; refusal

Consideration 5

Extract:

The organization transmitted to the complainant the findings of the internal appeals body, to the exclusion of its reasons. "As a result of the production of the full report during the present proceedings the complainant has been able to rely on it to submit any arguments which she considered suitable to support her claim. It follows that, while the right to be heard was ignored, at the administrative proceedings stage, this did not in fact affect the sense of the decision complained of and [...] does not involve the quashing of that decision."

Keywords

lack of injury; organisation; internal appeals body; internal appeal; report; tribunal; case pending; disclosure of evidence; right to reply; flaw; procedural flaw

Consideration 4

Extract:

Applicable even when not laid out in a specific text, the right to be heard "implies that every official shall have the opportunity of consulting the documents needed to defend his legitimate interests."

Keywords

disclosure of evidence; general principle; right to reply; no provision; consequence

Consideration 3

Extract:

When a complainant seeks to have a general provision abrogated, "the Administrative Tribunal must confine itself to considering the legality of the provision and, if it is found to be invalid, to rescinding the decision by which it was applied or the consequential decisions [...]. The Tribunal must consider whether [the material provision] is in contradiction with a general principle of law, and if so, whether the decision impugned should consequently be rescinded."

Keywords

general decision; individual decision; competence of tribunal; general principle; staff regulations and rules; enforcement; provision; judicial review; application for quashing



 
Last updated: 22.09.2017 ^ top