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Case sent back to organisation (130,-666)

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Keywords: Case sent back to organisation
Total judgments found: 169

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  • Judgment 4222


    129th Session, 2020
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the refusal of UNESCO to award full compensation for the injury suffered as a result of an accident recognized as being service-incurred.

    Consideration 14

    Extract:

    At this stage of its findings, the Tribunal should normally refer the case back to the Organization for the Appeals Board to examine the complainantís appeal. However, given the length of time since the events and the fact that the case has already been remitted to UNESCO by Judgment 3397, the Tribunal will not do so again in the instant case and will itself examine the merits of the complainantís claims.

    Reference(s)

    ILOAT Judgment(s): 3397

    Keywords:

    case sent back to organisation;



  • Judgment 4213


    129th Session, 2020
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reject his claims of harassment and constructive dismissal.

    Consideration 14

    Extract:

    The Tribunal finds that the Executive Secretary did not give the reasons for his disagreement with the conclusions contained in the investigation report. Accordingly the impugned decision [...] must be set aside and the case sent back to the Commission for the Executive Secretary to take a new decision concerning the alleged harassment [...] and the linked issue of constructive dismissal.

    Keywords:

    case sent back to organisation;

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; harassment; motivation;



  • Judgment 4211


    129th Session, 2020
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns what she considers to be an implied rejection of her claims of moral and sexual harassment and abuse of authority.

    Consideration 13

    Extract:

    As a decision has not been taken, the matter will be remitted to IOM to take such steps as are necessary to reach a motivated express final decision in relation to the complainantís claims of harassment and abuse of authority. Upon receipt of such decision, it will be for the complainant to determine what action, if any, should be taken.

    Keywords:

    case sent back to organisation;

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; harassment; implied rejection of internal appeal; internal remedies exhausted;



  • Judgment 4184


    128th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant mainly challenges the alleged misuse of short-term contracts in her case, the non-extension of her last contract and the allegedly incorrect classification of her job.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; internal appeal; late appeal;

    Consideration 6

    Extract:

    [T]he impugned decision [...] must be set aside. The case will be remitted to the Organization so that the complainantís grievance, which has thus wrongly been declared irreceivable, may be examined by the JAAB and that a new decision may be taken by the Director-General on the complainantís grievance.

    Keywords:

    case sent back to organisation;



  • Judgment 4180


    128th Session, 2019
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of her appeal against the decision to abolish her post and terminate her appointment, the decision not to shortlist her for a specific position and the decisions not to select her for three other positions.

    Consideration 11

    Extract:

    The Tribunal would normally remit the matter to the ICC so that a proper investigation regarding the complainantís harassment complaint could be conducted. However, in this case, in view of the fact that the complainant is no longer employed with the ICC and given the passage of time since the alleged events leading to the harassment complaint occurred, remitting the matter to the ICC would serve no useful purpose. Nevertheless, since the complainant was denied the right to have her harassment complaint duly investigated, and also taking due note of the fact that she could have initiated the formal procedure directly with the Registrar in accordance with Section 7.1 of the Instruction, the complainant will be awarded moral damages [...].

    Keywords:

    case sent back to organisation; harassment;



  • Judgment 4170


    128th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her performance reports for the 2010-2011 biennium and the decisions to defer her within-grade salary increment until 1 February 2012, to withhold that increment on that date and to not renew her fixed-term appointment for unsatisfactory service.

    Consideration 8

    Extract:

    At this stage in its findings, the Tribunal should normally refer the case back to UNESCO for the Appeals Board to re-examine the complainantís appeal. However, given the length of time since the events and for the sake of procedural efficiency, the Tribunal will not do so and will itself assess the lawfulness of the Director-Generalís decision [...].

    Keywords:

    case sent back to organisation;



  • Judgment 4169


    128th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her performance report for the 2008-2009 biennium and the decision to defer her within-grade salary increment until 1 February 2011.

    Consideration 6

    Extract:

    At this stage in its findings, the Tribunal should normally refer the case back to UNESCO for the Appeals Board to re-examine the complainantís appeal. However, given the length of time since the events and for the sake of procedural efficiency, the Tribunal will not do so and will itself assess the lawfulness of the Director-Generalís decision [...].

    Keywords:

    case sent back to organisation;



  • Judgment 4117


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the finding that his invalidity was not caused by an occupational disease.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; invalidity; medical board; service-incurred;

    Consideration 8

    Extract:

    The matter must be remitted to the EPO for a differently constituted Medical Committee to consider the expertsí report [...], and related reports, and to provide an opinion on whether the complainantís invalidity was caused by an occupational disease.

    Keywords:

    case sent back to organisation;



  • Judgment 4066


    127th Session, 2019
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to promote her in the 2013 promotion exercise.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed in part; decision quashed; personal promotion; promotion;

    Consideration 11

    Extract:

    It is not within the Tribunalís competence to promote the complainant to the P-4 grade. However, as the impugned decision will be set aside, the matter will be remitted to the FAO for it to reconsider the decision not to promote her to the P-4 grade in 2013.

    Keywords:

    case sent back to organisation; competence of tribunal; promotion; ratione materiae;

    Consideration 11

    Extract:

    It is not within the Tribunalís competence to promote the complainant to the P-4 grade. However, as the impugned decision will be set aside, the matter will be remitted to the FAO for it to reconsider the decision not to promote her to the P-4 grade in 2013.

    Keywords:

    case sent back to organisation;



  • Judgment 4065


    127th Session, 2019
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: In his second complaint, the complainant challenges the decision to dismiss him, while he was on sick leave, for misconduct. In his third complaint, he challenges the dismissal decision on the merits.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed in part; decision quashed; misconduct; sick leave; termination of employment;

    Consideration 8

    Extract:

    It is observed that [the administration] informed the complainant [...] that the discussion pursuant to Manual paragraph 330.3.26 was not mandatory. [...] This was mistaken as the discussion under Manual paragraph 330.3.26 is mandatory because of the language of that provision, which is in contradistinction to the language contained in Manual paragraph 330.3.27. Moreover, it was intended to confer a right on the complainant to complete his defence orally in a discussion with the officer who initiated the disciplinary procedure.
    This right was denied and this is a material flaw which requires setting aside the impugned decision in both complaints as well as the initial decision of 17 September 2014. The case will be remitted to the FAO to complete the process by complying with Manual paragraph 330.3.26 and the following paragraphs of the procedure.

    Keywords:

    case sent back to organisation;



  • Judgment 4052


    126th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to subject him to disciplinary proceedings after his separation from the EPO and to impose upon him the disciplinary measure of a reduction by one third in the amount of his retirement pension.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; disciplinary measure;

    Considerations 14-15

    Extract:

    The fact that the President, contrary to the Administrative Councilís instruction, did not consider that possibility [of involvement of an external reviewer or of arbitration or mediation] before adopting the impugned decision, which was the final decision on the disciplinary proceedings against the complainant, constitutes a material flaw that renders the impugned decision unlawful.
    [T]he impugned decision of 13 June 2016 must be set aside, as must the earlier decision of 18 February 2016, and the case must be sent back to the President of the Office for a new examination, which shall take into account the instruction to the President contained in Administrative Council Resolution CA/26/16.

    Keywords:

    case sent back to organisation;



  • Judgment 4047


    126th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to impose on her with immediate effect the disciplinary measure of dismissal for serious misconduct.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; serious misconduct; termination of employment;

    Consideration 14

    Extract:

    In the Presidentís impugned decision [...], no reference is made to the application of the appropriate standard of proof. In all the circumstances, it cannot be assumed that it was applied. In the result, the impugned decision to dismiss the complainant should be set aside because in assessing the complainantís guilt it is not demonstrated that the appropriate standard of proof was applied, namely proof beyond reasonable doubt. The matter should be remitted to the EPO to enable a Disciplinary Committee, differently constituted, to consider the matter under Article 102 of the Service Regulations and for the President to make a fresh decision.

    Keywords:

    case sent back to organisation;



  • Judgment 4040


    126th Session, 2018
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of her request for the reclassification of her post.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; post classification;

    Consideration 16

    Extract:

    The Tribunal is satisfied that the Director erred in identifying error on the part of the GAC [...], in the decision of 7 October 2015. The impugned decision of 18 April 2016 dismissing the internal complaint was based on that earlier decision. Accordingly, the impugned decision should be set aside as should the decision of 7 October 2015. The matter should be remitted to the ILO for the Director of the Centre to reconsider the report of the GAC and make a new decision.

    Keywords:

    case sent back to organisation;



  • Judgment 4028


    126th Session, 2018
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge Service Order No.14/10 changing the health insurance scheme at the ITU, as well as individual decisions implementing that service order.

    Consideration 8

    Extract:

    At this stage of the proceedings, the Tribunal would ordinarily set aside the impugned decision and remit the case to the ITU for the appeal to be given proper consideration. However, in the particular circumstances of the case, the Tribunal does not consider this course appropriate, since it would prolong detrimental uncertainty as to the lawfulness of the new health insurance scheme to which the ITUís current and former staff members are affiliated. The Tribunal will hence rule on the complainantsí submissions regarding the lawfulness of the scheme.

    Keywords:

    case sent back to organisation;



  • Judgment 4027


    126th Session, 2018
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the lawfulness and outcome of several competitions in which he participated.

    Consideration 5

    Extract:

    At this stage of the proceedings, the Tribunal would ordinarily remit the case to the organisation for the Appeal Board to re-examine the complainantís appeal. However, having regard in particular to the time that has elapsed since the events and to the importance of a final determination as to the lawfulness of the disputed competitions, the Tribunal will not do so in this case but will itself examine the complainantís pleas in respect of the contested decisions concerning these competitions.

    Keywords:

    case sent back to organisation;



  • 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.

    Judgment keywords

    Keywords:

    appointment; case sent back to organisation; complaint allowed; decision quashed; selection procedure;

    Consideration 19

    Extract:

    Given the findings that the complaint is well founded on the two pleas on the conclusions [...], the impugned decision [...], as well as the Director Generalís prior decision to appoint Ms S. to the contested post, will be set aside. [...] The case will be remitted to WIPO for the Director General to obtain a new recommendation from the Appointment Board on the applications originally submitted and to take a new decision.

    Keywords:

    case sent back to organisation;



  • Judgment 3972


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to impose upon him the disciplinary measure of dismissal for misconduct.

    Consideration 16

    Extract:

    [I]t is appropriate to grant the same relief to the complainant in these proceedings as ordered by the Tribunal in Judgment 3887. Accordingly,the decision of 25 November 2015 will be set aside in the part regarding confirmation of dismissal for misconduct in accordance with Article 93(2)(f) of the Service Regulations, as will the same part of the earlier decision of 1 July 2015. The case will be sent back to the EPO for further consideration by the Disciplinary Committee, which will request a medical assessment of the complainant's health (even, if necessary, only on the basis of documents) and, if necessary, the convening of a Medical Committee.

    Reference(s)

    ILOAT Judgment(s): 3887

    Keywords:

    case sent back to organisation;



  • Judgment 3969


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the EPOís decision to impose upon her the disciplinary measure of downgrading.

    Considerations 10 and 16

    Extract:

    The overarching legal principles in a case such as the present have recently been discussed by the Tribunal in Judgment 3862, consideration 20. The Tribunal observed:
    ďThe executive head of an international organisation is not bound to follow a recommendation of any internal appeal body nor bound to adopt the reasoning of that body. However an executive head who departs from a recommendation of such a body must state the reasons for disregarding it and must motivate the decision actually reached. [...]"
    [In the present case], the President has failed to adequately motivate his conclusions and decision for departing from the conclusions of the Disciplinary Committee, failed to establish beyond a reasonable doubt that the complainant acted in bad faith, and failed to adequately motivate his ultimate conclusion on the disciplinary sanction he imposed and the reasons for it with specific reference to all mitigating circumstances. His decision should be set aside and the matter remitted to the EPO to enable the President to make a new decision.

    Reference(s)

    ILOAT Judgment(s): 3862

    Keywords:

    case sent back to organisation; disciplinary procedure; duty to substantiate decision; final decision;



  • Judgment 3962


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to downgrade her, reassign her to another position and place her on an additional period of probation.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; disciplinary procedure; downgrading; reassignment;

    Consideration 16

    Extract:

    In identifying [...] flaws in the decision-making of the President, the Tribunal is not seeking to suggest that the President and those advising him were not acting with the interests of the complainant in mind having regard to her personal circumstances. But there were [...] flaws in the process and the impugned decision should be set aside. The matter will be remitted to the EPO to undertake the evaluation provided for in Article 52 [of the Service Regulations].

    Keywords:

    case sent back to organisation;



  • Judgment 3948


    125th Session, 2018
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision not to renew her fixed-term contract.

    Consideration 9

    Extract:

    In the normal course of things, this case would be remitted to IOM for a decision to be issued in accordance with the foregoing guidance. This will not however be done in the present case given the time which has already elapsed, the fulsome nature of the submissions, including submissions on the merits, the evidence produced by the parties, and the fact that vitiating errors are obvious in the impugned decision.

    Keywords:

    case sent back to organisation;

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Last updated: 05.06.2020 ^ top