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Exception (113,-666)

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Keywords: Exception
Total judgments found: 212

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  • Judgment 548


    50th Session, 1983
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The time limit for submitting an internal appeal had long since expired when the complainant appealed to the Appeals Board. "The acceptance of his resignation had by then become final and was no longer open to challenge. His involvement in a serious accident [...] did not have the effect of suspending the time limit. The Director therefore correctly applied the rules in dismissing the appeal which the complainant addressed to him against the decision [to reject the internal appeal as being time-barred and therefore irreceivable]."

    Keywords:

    exception; internal appeal; new time limit; professional accident; receivability of the complaint; time bar; time limit;



  • Judgment 544


    50th Session, 1983
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    An article of the Staff Rules "provides that there shall be no internal appeal against any decision not to renew a contract. There may therefore be a direct appeal to the Tribunal against such a decision, without any breach of the Statute, and whether the internal means of redress were exhausted is not a material issue in this case."

    Keywords:

    contract; direct appeal to tribunal; exception; fixed-term; internal remedies exhausted; non-renewal of contract; receivability of the complaint;



  • Judgment 540


    49th Session, 1982
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Even assuming that [the rule which imposes on the Organization a duty to provide clear and precise information on the charges] was not fully complied with, the evidence which emerged before the Regional Board was so overwhelming that it cannot be said that there has been any miscarriage of justice."

    Keywords:

    duty to substantiate decision; evidence; exception; serious misconduct; termination of employment;



  • Judgment 539


    49th Session, 1982
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Vide Judgment 540, consideration on the procedural point, paragraph 4.

    Reference(s)

    ILOAT Judgment(s): 540

    Keywords:

    duty to substantiate decision; evidence; exception; serious misconduct; termination of employment;



  • Judgment 536


    49th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant once again applied for review of Judgment No. 404 and Judgment No. 442 [which concerned the review of Judgment No. 404]. "Review is an exceptional procedure [...] The complainant may not put forward repeatedly the same pleas in favour of review. In the applications now before the Tribunal her pleas may be only such as she was unable to rely on in the first one or such as the Tribunal may have omitted to hear in Judgment No. 442."

    Reference(s)

    ILOAT Judgment(s): 404, 442

    Keywords:

    application for review; exception;



  • Judgment 535


    49th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 1 and 3

    Extract:

    A staff rule stipulates that "the general method of filling vacancies is to hold a competition, and reassignment without promotion in the interest of the [organization] is an exception. [...] Whether a post should, in the interest of the Bureau, be filled without holding a competition is a matter of discretion".

    Keywords:

    competition; discretion; exception; organisation's duties; organisation's interest; transfer; vacancy;



  • Judgment 533


    49th Session, 1982
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    To infer a decision to dismiss where no final decision has been taken within the sixty days would greatly broaden the scope of Article VII, paragraph 3, particularly when the internal appeals body has no set time limits. "In such case Article VII[3], which is presumably to be treated as covering the exception, would in fact become the rule. Moreover, to broaden the scope of paragraph 3 would unduly restrict that of paragraph 1, which requires the complainant to exhaust the internal means of redress."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE

    Keywords:

    absence of final decision; exception; failure to answer claim; iloat statute; implied decision; internal remedies exhausted; provision; time limit;

    Consideration 5

    Extract:

    "Before coming to the Tribunal again the complainant should await the Appeals Committee's report and the President's final decision. But he need not wait indefinitely. He may appeal directly to the Tribunal if one of two conditions is fulfilled: if the appeals body fails to report and there are grounds for believing that it will not do so within a reasonable lapse of time; or else if the President fails to take a final decision within sixty days of receiving the Appeals Body's report."

    Keywords:

    absence of final decision; direct appeal to tribunal; exception; failure to answer claim; internal remedies exhausted; reasonable time;



  • Judgment 532


    49th Session, 1982
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    Vide Judgment 533, consideration 5.

    Reference(s)

    ILOAT Judgment(s): 533

    Keywords:

    absence of final decision; direct appeal to tribunal; exception; failure to answer claim; internal remedies exhausted; reasonable time;

    Consideration 3

    Extract:

    Vide Judgment 533, consideration 3.

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE
    ILOAT Judgment(s): 533

    Keywords:

    exception; failure to answer claim; iloat statute; implied decision; internal remedies exhausted; provision; time limit;



  • Judgment 525


    49th Session, 1982
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    As inferred from the wording of the rule, review is clearly an exceptional measure. Review takes place only after a special decision by the President of the Office on a reasoned request by the staff member. The President has discretion in this matter.

    Keywords:

    amendment to the rules; discretion; exception; home;



  • Judgment 510


    49th Session, 1982
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Although there is no provision in the Tribunal's Statute or Rules of court for an application for the review of its judgments, such an application may be made. It will, however, be receivable only if certain conditions are fulfilled, and one is that it may not rest on facts on which the applicant might have relied years earlier. To enlarge the scope for review in that way would encourage unsuccessful complainants to make repeated attempts to get the Tribunal to review its judgments, in disregard of the principle of res judicata."

    Reference(s)

    ILOAT Judgment(s): 309

    Keywords:

    application for review; exception; no provision; res judicata;



  • Judgment 499


    48th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Article VII[1] does not lay down an absolute rule. A complainant may abandon the internal proceedings even before a decision is taken and may appeal directly to the Tribunal when the appeals body fails to report and there is no reason to suppose from the evidence that it is likely to do so within a reasonable period. But it must be quite clear from the evidence that there is no decision, and only in quite exceptional cases will the Tribunal find that the condition is met."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE

    Keywords:

    exception; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;

    Considerations

    Extract:

    In May the complainant made known his intention to appeal against the transfer. The Director-General replied that he was willing to refer the matter to the Joint Committee. In August the administration said the Director-General, who was absent, had received a recommendation to that effect. In September it told the complainant that the matter would be put to the Committee. "These shifting attitudes, which in the end came to nothing and spanned four months, constitute exceptional circumstances and warranted a direct complaint to the Tribunal."

    Keywords:

    administrative delay; direct appeal to tribunal; exception; internal appeal; internal remedies exhausted; receivability of the complaint;



  • Judgment 466


    47th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Although there was no internal appeal, there has been no breach of Article VII[1] of the Statute of the Tribunal, which the organisation itself believes to be inapplicable to this case." The organisation pointed out that the usual internal remedies were not applicable inasmuch as there was a special procedure involving a reports board which had expressed its opinion on the case. The filing of an internal appeal would probably not have affected the outcome of the complainant's situation.

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE

    Keywords:

    exception; internal appeal; internal remedies exhausted; performance report; procedure before the tribunal;



  • Judgment 463


    46th Session, 1981
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Under the so-called service rendered rule, an official is entitled to remuneration in respect of services rendered. It is true that this is only a general rule. In some cases, the Director-General may relieve the staff member from his duty without loss of salary. However the reasons for this must be clearly stated.

    Keywords:

    entitlement for service rendered; exception; proportionality; salary;



  • Judgment 451


    46th Session, 1981
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "It is unusual to award costs to a complainant who has failed in the result. But since in this case she has succeeded on the important issue of receivability the Tribunal will award her [costs]."

    Keywords:

    costs; exception;



  • Judgment 442


    46th Session, 1981
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The Tribunal's judgments carry the authority of res judicata from the date on which it delivers them. Though subject to review thereafter, they will be reviewed only in exceptional cases. that is the rule under all judicial systems which allow review."

    Reference(s)

    ILOAT Judgment(s): 404

    Keywords:

    application for review; date; exception; general principle; judgment of the tribunal; mistake of law; res judicata;



  • Judgment 408


    44th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Doubtless [the internal appeals body] showed the organization too much forbearance. [...] Yet the evidence casts no doubt on its willingness to hear the appeal before it. [...] While the complainants were lodging their complaints with the Tribunal the [Appeals] Board was on the point of giving a decision. In the circumstances there are no grounds for allowing any derogation from the rule that the internal means of redress shall have been exhausted."

    Keywords:

    administrative delay; exception; internal appeal; internal appeals body; internal remedies exhausted; late decision;

    Consideration 1

    Extract:

    A complainant may appeal directly to the Tribunal "provided the appeals body cannot or will not give a decision within a reasonable period. That it cannot or will not do so must, however, be quite clear from the circumstances. Only by way of exception will the Tribunal allow that the condition is met."

    Keywords:

    direct appeal to tribunal; exception; failure to answer claim; internal appeals body; reasonable time; receivability of the complaint;



  • Judgment 400


    43rd Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Neither the Statute nor the Rules of Court permit an application for review of a judgment of the Administrative Tribunal. The Tribunal may therefore declare such an application receivable only in quite exceptional circumstances, for example when new facts of decisive importance have come to light since the date of the judgment."

    Reference(s)

    ILOAT Judgment(s): 325

    Keywords:

    application for review; exception; new fact on which the party was unable to rely in the original proceedings; no provision;



  • Judgment 361


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 40

    Extract:

    To find moral prejudice in the manner of execution of the impugned decisions, none of which has been invalidated, "is to take a very exceptional course and one which can be taken [...] only in circumstances in which grave injury of a kind likely to impair a staff member's career has been left unredressed."

    Keywords:

    damages; exception; injury; moral injury; professional injury;



  • Judgment 360


    41st Session, 1978
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The application, by analogy, of the rules in force in the bodies of the European Communities "would be warranted only if the [...] rules [of the organisation] overlooked the point in dispute, in other words if they failed to contain a provision which had apparently been left out by omission."

    Keywords:

    analogy; applicable law; enforcement; exception; law of european communities; no provision; rule of another organisation; transfer of pension rights;



  • Judgment 350


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Neither the Statute nor the Rules of court permit an application for review of a judgment of the Administrative Tribunal. The Tribunal may therefore declare such an application receivable only in quite exceptional circumstances, for example when new facts of decisive importance have come to light since the date of the judgment."

    Reference(s)

    ILOAT Judgment(s): 325

    Keywords:

    application for review; exception; new fact on which the party was unable to rely in the original proceedings; receivability of the complaint;

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Last updated: 07.03.2024 ^ top