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Submissions (142, 143, 144, 145, 146, 147, 149, 150, 151, 152, 153, 154, 155, 156, 157, 159,-666)

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Keywords: Submissions
Total judgments found: 47

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  • Judgment 1637


    83rd Session, 1997
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant came by and produced the minutes of a meeting of the Advisory Board on Compensation Claims even though the document was privileged. "The Organization objects and in its reply asks the Tribunal to disregard [the minutes]. Yet the [document] forms part of the case records, the complainant did not obtain it by deceit, its authenticity is not in dispute, and in citing it the Organization seeks to belittle its importance. There are no grounds for striking out a text that is material to the case and that in any event the Tribunal might have ordered the defendant to disclose."

    Keywords:

    complaint allowed; complaint allowed in part; confidential evidence; disclosure of evidence; evidence; submissions;



  • Judgment 1613


    82nd Session, 1997
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "As a rule any item disclosed by one of the parties to judicial proceedings in support of its case must go to the other."

    Keywords:

    adversarial proceedings; case sent back to organisation; complaint allowed; complaint allowed in part; decision quashed; general principle; submissions;



  • Judgment 1584


    82nd Session, 1997
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    According to Article VII(4) of the Tribunal's Statute a complaint has no suspensory effect and the Tribunal is not empowered to make a ruling that would suspend [the complainant's] dismissal pending the Tribunal's judgment.

    Reference(s)

    ILOAT reference: ARTICLE VII(4) OF THE STATUTE

    Keywords:

    complaint; decision; effect; iloat statute; submissions; suspension; suspensory effects;



  • Judgment 1560


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The complainant asks the Organization to say how often it has stopped a competition in order to change the duties of the vacant post and regrade it. There is no need for evidence on that score since the issue is not decisive: if the procedure is lawful it is immaterial how often UNESCO may have followed it before".

    Keywords:

    competition; competition cancelled; disclosure of evidence; evidence; post; post classification; submissions;



  • Judgment 1522


    81st Session, 1996
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "That he set out his pleas in a brief entered several months [after filing his complaint] after due extension of the time limit granted for the purpose, has no bearing on receivability. As was held in Judgment 1305 [...] under 16 - to which the Tribunal draws the organization's attention - the Registrar may as such take any action he sees fit to safeguard due process."

    Reference(s)

    ILOAT Judgment(s): 1305

    Keywords:

    case law; complaint; correction of complaint; formal requirements; iloat statute; new time limit; procedure before the tribunal; receivability of the complaint; submissions; tribunal;



  • Judgment 1486


    80th Session, 1996
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "When the defendant organisation submits a reply it must enable the Tribunal to render a complete ruling on the dispute. If it chooses to argue only procedural issues, that may - even if it does not so intend - amount to dilatory tactics that hold up the ruling, and the risk is that the Tribunal may treat the complainant's allegations of fact as established."

    Keywords:

    case sent back to organisation; complaint allowed; complaint allowed in part; reply; reply confined to receivability; submissions;



  • Judgment 1468


    80th Session, 1996
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The case turns on a question whose answer may affect another official adversely. "She is invited to make such submissions to the Tribunal as she thinks fit, and to do so within thirty days of her receiving the text of the present judgment, which is an interlocutory order. The Union and the complainant may each file observations within a time limit of thirty days from the date of receipt of a copy of her submissions."

    Keywords:

    additional written submissions; further submissions; interlocutory order; staff member's interest; submissions; time limit;



  • Judgment 1456


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The Tribunal will disregard documents produced by the parties on the preparatory work for the material rules. They are fragmentary and the scant information they contain is unlikely to prove helpful. "In construing the rules the Tribunal is bound to take an objective view and pay heed, in line with the method approved in international law, to their wording, context, purport and purpose."

    Keywords:

    admissibility of evidence; evidence; interpretation; purpose; submissions; written rule;



  • Judgment 1431


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The EPO described [the complainant's] complaint as "an abuse". But it does not ask the Tribunal to dismiss it as irreceivable for that reason. "The defendant is merely exercising the freedom of speech that any litigant must be allowed, short of resorting to offensive or insulting language." the complainant's claim to damages on that account fails.

    Keywords:

    criteria; freedom of speech; limits; new claim; organisation; rejoinder; reply; submissions; vexatious complaint;



  • Judgment 1418


    78th Session, 1995
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "The written submissions for which the Tribunal's Statute provides have afforded [the complainant] a further opportunity to gain particulars of the charges and to answer them in full in his rejoinder. The plea of breach of due process cannot be sustained."

    Keywords:

    complaint; due process; iloat statute; right to reply; submissions;



  • Judgment 1391


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "Decisions taken by the organisation are subject to review on grounds such as bias, bad faith, malice and abuse of authority. When seeking to defend his interests by impugning any such decision, an employee is entitled to allege and attempt to establish such grounds. A fair decision cannot be reached upon such matters by an internal appeals body or by this Tribunal if witnesses, parties and their representatives are unable to speak candidly and without the risk of incurring a penalty for what they may say, and especially if one party is unduly inhibited by the fear that failure to prove his case my make him liable to disciplinary action by the other party."

    Keywords:

    bias; burden of proof; complainant; complaint; complaint allowed; decision quashed; disciplinary measure; evidence; freedom of speech; internal appeal; internal appeals body; judicial review; misuse of authority; submissions; testimony; tribunal;

    Consideration 10

    Extract:

    The complainant was subject to disciplinary action for having made statements, some of them before the Tribunal, which allegedly impaired the organisation's and the Tribunal's reputations. The Disciplinary Committee asked whether the punishment of offensive remarks "for which there is no clear justification supported by evidence" would infringe the complainant's rights. The Tribunal holds that "such a test laid an undue burden on the complainant in that if he was to avoid the risk of disciplinary action he must prove the truth of his allegations. No such burden should have been put on him. The mere failure to prove the truth of his allegations did not mean that he had either abused his freedom of speech or forfeited the immunity or privilege of judicial proceedings."

    Keywords:

    burden of proof; complainant; complaint; complaint allowed; criteria; decision quashed; disciplinary measure; evidence; freedom of speech; organisation's reputation; submissions; tribunal; vexatious complaint;

    Consideration 11

    Extract:

    "A litigant whose submissions contain language that is unacceptable, or ill-chosen, or damaging, or unseemly, does not thereby lose the immunity that attaches to statements made in judicial proceedings".

    Keywords:

    complainant; complaint; complaint allowed; decision quashed; freedom of speech; organisation's reputation; submissions; vexatious complaint;



  • 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 that '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) OF THE RULES

    Keywords:

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



  • Judgment 1323


    76th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8 and 9

    Extract:

    The WHO appointed an external candidate to a position which the complainant had applied for. On the grounds of privilege the organization offered no evidence to the Board or the Tribunal of the external candidate's qualifications. "The Tribunal does not accept that the disclosure of a candidate's identity and qualifications may [...] inhibit the free expression of views by members of selection committees or prejudice the interests of other candidates. [...] The external candidate's qualifications were of essential importance to the Selection Committee in making its choice and to any appeal against the appointment made." No such documents may be withheld from the Tribunal.

    Keywords:

    candidate; complaint allowed; complaint allowed in part; confidential evidence; evidence; internal appeals body; internal candidate; open competition; selection board; submissions;



  • Judgment 1305


    76th Session, 1994
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "The Registrar's manifold responsibilities, which go far beyond the ambit of Article 7(4) [*] of the Rules of Court, include the general task of maintaining relations between the Tribunal and the parties and the just as important task of ensuring proper compilation of records on cases lodged with the Tribunal. In performing those tasks the Registrar is empowered ex officio to take any action he deems fit to safeguard due process."
    *since 1 May 1994, Article 6(2) of the Tribunal's Rules

    Reference(s)

    ILOAT reference: ARTICLE 6(2) RULES OF COURT

    Keywords:

    complaint; formal requirements; iloat statute; interpretation; procedure before the tribunal; receivability of the complaint; submissions; tribunal;

    Consideration 17

    Extract:

    In the light of article 7(4) [*] of the Rules on the procedure for correcting a complaint, the Tribunal holds that "since those who fall within the Tribunal's jurisdiction live far and wide and are free to plead their own case, it is the Registrar's particular duty to see that complaints filed with the Tribunal are correctly presented and to offer a complainant such comment or advice as he thinks proper for the correction of the papers."
    *since 1 May 1994, Article 6(2) of the Tribunal's Rules

    Reference(s)

    ILOAT reference: ARTICLE 7(4) RULES OF COURT

    Keywords:

    complaint; correction of complaint; formal requirements; iloat statute; interpretation; procedure before the tribunal; receivability of the complaint; submissions; tribunal;



  • Judgment 1242


    74th Session, 1993
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4 and 5

    Extract:

    The complainant submits that the organization did not do its utmost to reinstate him in execution of Judgment 1154. WIPO's letter "does not substantiate the contention that it had. it simply conveys the Director General's decision 'not to extend [the complainant]'s appointment'. It says nothing of any attempts to find him a suitable position and thereby discharge its primary obligation under Judgment 1154. [...] The Director General had the duty to justify his decision by explaining why it was impossible to reinstate the complainant [...] only in its reply to this complaint does the organization maintain that 'there was no possibility of reinstating the complainant since there was no suitable post to which he could be appointed given his qualifications'."

    Reference(s)

    ILOAT Judgment(s): 1154

    Keywords:

    application for execution; complaint allowed; decision quashed; duty to substantiate decision; good faith; judgment of the tribunal; organisation; organisation's duties; refusal; reinstatement; reply; res judicata; submissions; tribunal;



  • Judgment 1226


    74th Session, 1993
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The complainants apply for hearings. They have already had the opportunity of enlarging on their original submissions and on their rejoinders and of commenting on the ample evidence at their disposal. They sought leave to file submissions in answer to the surrejoinder and the disclosure of additional information and items. The interlocutory judgment granted the parties leave to file further submissions, which are now before the Tribunal. It therefore has all the material required for a final ruling. It dismisses the complainants' application as pointless."

    Keywords:

    additional written submissions; further submissions; interlocutory order; oral proceedings; refusal; submissions; tribunal;



  • Judgment 1087


    70th Session, 1991
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The Coordination Committee of WIPO repealed Staff Regulation 3.1 bis which safeguarded salaries against fluctuations in the exchange rate between the dollar and the Swiss franc. The Organization having offered a perfunctory defence, the Tribunal orders further submissions.

    Reference(s)

    Organization rules reference: WIPO STAFF REGULATION 3.1 BIS

    Keywords:

    further submissions; interlocutory order; organisation's duties; provision; repeal; staff regulations and rules; submissions;



  • Judgment 871


    63rd Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The submissions in the complaint and in the organization's reply being properly before it, the Tribunal will not forbear to rule for want of a rejoinder the complainant has failed to file even after two extensions of the time limit."

    Reference(s)

    ILOAT Judgment(s): 723

    Keywords:

    closure of written proceedings; complainant; complaint; negligence; organisation; rejoinder; reply; submissions;



  • Judgment 721


    58th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The defendant has the duty to enable the court to give a full ruling on the case before it. [...] The EPO was bound to address properly the issues of fact and of law raised by the complainant. Since it has not the Tribunal will accept the complainant's allegations of fact".

    Keywords:

    consequence; organisation; organisation's duties; reply; submissions;



  • Judgment 595


    51st Session, 1983
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The purpose of the procedural rules the Tribunal applies is to enable the parties not only to submit full pleadings but also to hold an exchange of briefs in which they enjoy complete freedom of speech. [...] As a rule the Tribunal allows each side to file no more than two briefs and closes the written proceedings after the defendant has filed the surrejoinder. only in exceptional cases does it admit further material."

    Keywords:

    additional written submissions; closure of written proceedings; exception; procedure before the tribunal; submissions;

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Last updated: 02.07.2020 ^ top