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Order

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Keywords: Order
Total judgments found: 21

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  • Judgment 3300


    116th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal dismissed the complaint filed against the decision not to consider the complainant's disability as resulting from an occupational disease.

    Judgment's keywords

    Reference(s)

    Organization rules reference: Articles 89(3), 89(4) and 90(1) of the Service Regulations

    Keywords:

    disability benefit; invalidity; medical board; medical opinion; order; pension; procedural flaw; service-incurred; staff regulations and rules;



  • Judgment 3084


    112th Session, 2012
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "[I]t is well established in the case law of the Tribunal that a complainant who is successful in whole or in part is entitled to costs without having made an express claim for costs (see Judgment 262, under 5, and Judgment 320, under 19)."

    Reference(s)

    ILOAT Judgment(s): 262, 320

    Keywords:

    claim; complainant; complaint allowed; complaint allowed in part; costs; order;



  • Judgment 3069


    112th Session, 2012
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "[I]t is to be remembered that, by Article VIII of its Statute, the Tribunal's powers are to rescind impugned decisions, to order the performance of obligations and to award compensation. As pointed out in Judgment 2636, under 16, the Tribunal is not empowered to order apologies. Nor is it empowered to order a staff member, who is not even a party to the proceedings before it, to withdraw his or her previous statements."

    Reference(s)

    ILOAT Judgment(s): 2636

    Keywords:

    compensation; competence of tribunal; iloat; iloat statute; order; tribunal;



  • Judgment 3054


    112th Session, 2012
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The Tribunal recalls that it has the inherent power to impose costs on a complainant (see Judgment 1962, under 4) [...]."

    Reference(s)

    ILOAT Judgment(s): 1962

    Keywords:

    complainant; costs; order; tribunal;



  • Judgment 3038


    111th Session, 2011
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    "As the parties have been unable to agree on the terms of a negotiated settlement, remitting the matter to [the Organization] to resolve the matter of compensation would be futile and would result in further unwarranted delay in the resolution of the dispute. In these circumstances, the Tribunal will itself determine the relief to which the complainant is entitled [...]."

    Keywords:

    compensation; delay; order; organisation; organisation's duties; settlement out of court; tribunal;



  • Judgment 2880


    108th Session, 2010
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    Application for execution of Judgment 2706 - In Judgment 2706 the Tribunal ordered the Organization inter alia to review the classification of the complainant's post and, if appropriate, to promote her. As a result of the imposition of disciplinary sanctions, including relegation and a ban on promotion for a consecutive period of three years, the complainant was not promoted. The Tribunal granted the application for execution and ordered that the application for promotion be properly considered.
    "The Tribunal [...] wishes to clarify [...] the meaning of the phrase "le cas échéant" in the authoritative French text of its orders in Judgment 2706. Having regard to the context in which it is used and the instructions given by the Tribunal in Judgment 2706, under 15, it is clear that the order means that "if the required conditions are met" or "in such a case" the complainant is to be promoted. That is, the Director General is to base his decision on relevant materials, namely the proposals of the Classification Committee and the Promotion Advisory Board."

    Reference(s)

    ILOAT Judgment(s): 2706

    Keywords:

    application for execution; order; organisation's duties; tribunal;



  • Judgment 2819


    107th Session, 2009
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "As the transfer decision did not respect the complainant's dignity, the Tribunal will order that the complainant be reassigned, within 28 days, to a post that satisfies the core requirement of a grade A6 post, namely, the running of a prominent organisational unit covering several specialised fields, and that the decision of 22 December 2005 be quashed with effect from the date of his reassignment to the new post."

    Keywords:

    compensatory measure; grade; order; post; respect for dignity; same; status of complainant; terms of appointment; transfer; tribunal; working conditions;



  • Judgment 2724


    105th Session, 2008
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "[T]he Tribunal's power to order the filing of further submissions may be exercised at any stage of the proceedings."

    Keywords:

    further submissions; iloat; order; procedure;



  • Judgment 2510


    100th Session, 2006
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The Tribunal has consistently held that it will not order the production of documents on the speculative basis that something might be found to further the complainant's case."

    Keywords:

    disclosure of evidence; evidence; further submissions; order; procedure; refusal; request; submissions;



  • Judgment 2458


    99th Session, 2005
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3 and 7

    Extract:

    In Judgment 2189 the Tribunal ordered the Organization to "appoint a medical board without delay". The complainant filed an application for execution of that judgment. "Once again, the complainant attempts to bypass the internal remedies, and have her internal appeal, which has been pending for over ten years, heard by the Tribunal on its merits. To do so, she would have to persuade the Tribunal that the failure of the medical board to take up and report on her claim and thereby allow her internal appeal to proceed was due to the wilful fault or neglect of UNIDO. [But] it is clear that [...] by July 2003, the necessary preliminary steps to set up the medical board had been taken and that the delays which took place after that time were largely due to the complainant herself. [...]
    The obligation imposed on the Organization by Judgment 2189 to establish a medical board without delay is not wholly a one-way street. The complainant owes a duty of good faith and in the circumstances this includes not only the duty not to impede or prevent the medical board's functioning [...] but also the duty actively to collaborate with the board and to allow it to undertake its duties effectively. If the complainant had reservations about the terms of reference of the board she no doubt had the right to make them known as she did, but she could not insist on them as non-negotiable conditions precedent to the board carrying out its inquiry."

    Reference(s)

    ILOAT Judgment(s): 2189

    Keywords:

    advisory opinion; application for execution; appointment; breach; collective bargaining; complainant; condition; delay; execution; good faith; internal appeal; judgment; judicial review; liability; medical board; misconduct; negligence; order; organisation; organisation's duties; procedure; request; right; staff member's duties; time limit;



  • Judgment 1883


    87th Session, 1999
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    "The complainant contests [the non-renewal of his contract] by a motion for an interlocutory order, [he] seeks preliminary injunctive relief to force the organization to place him on unpaid leave of absence and to offer him contract work as available. [T]o allow the motion would of necessity decide the principal issue in the complaint which is before the Tribunal on the merits. The requested injunction would have the effect of altering the status quo. The reply raises serious issues which should only be determined on the merits." The Tribunal adds that "the allegation of irreparable harm is unconvincing" [and that] "the balance of hardships favours the organization."

    Keywords:

    compensation; contract; interlocutory order; non-renewal; order;



  • Judgment 1390


    78th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "as for the application for a stay of proceedings, article 10(3) of the rules says 'the tribunal [...] shall rule on an application by either party for a stay of proceedings' [...]". the tribunal holds that no stay of proceedings is warranted in this case. whatever changes may be made in the procedure for filling vacant posts, the complaint must be reviewed in the light of the rules in force at the material time. once the proceedings have begun the tribunal is bound to reach a decision as promptly as possible and will not stay the proceedings pending possible changes in the rules."

    Reference(s)

    ILOAT reference: ARTICLE 10(3) ILOAT RULES

    Keywords:

    amendment; applicable law; case sent back to organisation; closure of written proceedings; competition cancelled; complaint allowed; decision quashed; iloat statute; order of suspension; procedure; refusal; staff regulations and rules; submissions;



  • Judgment 1029


    69th Session, 1990
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Order

    Extract:

    "since the parties are agreed on the suspension of the proceedings the organisation's application is granted."

    Keywords:

    order; order of suspension; organisation; request;



  • Judgment 809


    61st Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Order

    Extract:

    "the president may direct proceedings and even if not expressly so empowered may order suspension. since a complainant may withdraw a complaint he may also apply for suspension. such application will succeed unless the advantage to the complainant of suspending the proceedings is outweighed by the advantage to the defendant of pursuing them."

    Keywords:

    acceptance; competence; complaint allowed; complaint allowed in part; no provision; order; order of suspension; organisation's interest; president of tribunal; procedure; request; staff member's interest; withdrawal of suit;

    Order

    Extract:

    "continuation of the suspension might [...] needlessly hold up the proceedings and cause detriment to the defendant without serving the interests of the complainant. the application accordingly fails".

    Keywords:

    complaint allowed; complaint allowed in part; extension; injury; order; order of suspension; president of tribunal; refusal; request;



  • Judgment 558


    50th Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    the organisation is opposed to the disclosure of the report [on which the impugned decision is based] on the grounds that the report is an internal document not included in the items which the service regulations require to be put in a staff member's personal file. "there are two reasons why the complainant's application should succeed. first, it concerns a report which deals with the point in dispute and which has a bearing on the tribunal's decision. secondly, the impugned decision does not give the reasons set out in the report, even though it does not describe the report as confidential."

    Keywords:

    complaint allowed; disclosure of evidence; interlocutory order; order; report; request;

    Considerations 2 and 3

    Extract:

    "in the course of the written proceedings, the complainant applied to the president of the tribunal for an order for the production of the report on which the impugned decision was based." her application succeeds. "when in session the tribunal itself will order measures of investigation, and the president has communicated the complainant's application to the tribunal, which is holding its [...] session."

    Keywords:

    competence of tribunal; disclosure of evidence; interlocutory order; order; president of tribunal; request;



  • Judgment 557


    50th Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3(C) and 4(C)

    Extract:

    the complainant is seeking the disclosure of all confidential minutes exchanged between the units of the administration. the organisation "maintains that there are no secret minutes besides those which have been filed in the dossier. the tribunal accepts this, and [the relevant claim] therefore fails."

    Keywords:

    cause of action; confidential evidence; disclosure of evidence; interlocutory order; no cause of action; order; request;

    Considerations 3(D) and 4(D)

    Extract:

    the complainant is seeking an end to the harassment which he has suffered since filing his first complaint. "this claim is irreceivable since the complainant is seeking neither a 'measure of investigation' within the meaning of article 11 of the rules of court nor a measure 'intended to establish the existence of facts' within the meaning of article 19."

    Reference(s)

    ILOAT reference: ARTICLES 11 AND 19 ILOAT RULES OF COURT

    Keywords:

    complainant; order; receivability; request;



  • Judgment 556


    50th Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    the complainant is not entitled to consult any record of discussion by the selection board. "members of selection boards would not feel free to discuss candidates independently in future if they were at risk of having their personal views divulged."

    Keywords:

    competition; complaint allowed in part; confidential evidence; disclosure of evidence; interlocutory order; order; report; request; selection board;

    Consideration 2

    Extract:

    article 19 of the rules of court "empowers the president to make such orders only in the interval between sessions. thus when in session the tribunal itself will order measures of investigation in accordance with article 11(1) of its rules."

    Reference(s)

    ILOAT reference: ARTICLES 11 AND 19 OF THE ILOAT RULES OF COURT

    Keywords:

    competence of tribunal; iloat statute; interlocutory order; order; submissions;



  • Judgment 233


    32nd Session, 1974
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Decision

    Extract:

    "the costs incurred by the complainant in connection with this complaint, the amount of which shall be fixed by the president of the tribunal, shall be borne by the organization."

    Keywords:

    amount; costs; order;



  • Judgment 177


    26th Session, 1971
    United International Bureaux for the Protection of Intellectual Property
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Preamble

    Extract:

    the president of the tribunal issued an order to the registrar instructing him "to make inquiries of the intergovernmental organisations with headquarters at geneva concerning the practice followed by them in respect of reimbursement of tax paid on earned income by members of their staff..."

    Keywords:

    inquiry; order; practice; refund; rule of another organisation; tax;



  • Judgment 141


    22nd Session, 1969
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Interlocutory Order

    Extract:

    "the experts shall be appointed by order of the vice-president of the tribunal, who shall determine the procedure for the examination and in particular, after consulting the parties, determine the final text of the questions to be put to the experts."

    Keywords:

    expert inquiry; order; procedure;

    Interlocutory Order

    Extract:

    the tribunal orders a medical examination. "the organization shall advance the cost of the expert examination and [the complainant's] expenses in submitting himself for the examination. the amount of these advances shall be determined by order of the vice-president of the tribunal."

    Keywords:

    cost of expert inquiry; expert inquiry; interlocutory order; medical examination; order;

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Last updated: 01.10.2014 ^ top