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Further submissions (160, 161, 162, 164, 165,-666)

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Keywords: Further submissions
Total judgments found: 24

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  • 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; order; procedure;



  • Judgment 2700


    104th Session, 2008
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant did not receive the Reports Board's recommendation, which constituted the basis of the decision not to renew his fixed-term appointment. "The Tribunal considers that in the present case the complainant is entitled to see the Reports Board's recommendation, an essential document on which the Administration based its decision not to renew his contract. By withholding that document the Organization deprived the complainant of an item of evidence that was essential for the preparation of his defence and the Tribunal of a document enabling it to exercise its power of review.
    Accordingly there are grounds for ordering further submissions in order that the file may be supplemented with a copy of the Reports Board's recommendation, as requested by the complainant."

    Keywords:

    advisory body; claim; complainant; complaint allowed; contract; disclosure of evidence; fixed-term; further submissions; interlocutory order; judicial review; non-renewal of contract; organisation's duties; recommendation; refusal; right;



  • 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; request by a party; submissions;



  • Judgment 1870


    87th Session, 1999
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    Mr. B., intervening in a previous case, had resorted to an expert in graphology in order to prove that the complainant, who contested his appointment to a post, had falsified documents. He seeks reimbursement of the costs incurred in obtaining this expert opinion. "The steps he took were not necessary since, when expert opinion is required, it is for the Tribunal to order it on its own motion or on the application of another party (Article 11 of the Rules of the Tribunal). Mr. B. should therefore have confined himself to submitting the question to the Tribunal, which would have judged the pertinence of the matter and the validity of the proof supplied. The costs which he incurred in obtaining an extra-judicial expert opinion, which cannot replace a judicial expert opinion, were not therefore necessary." So they are not reimbursable by the organisation.

    Reference(s)

    ILOAT reference: ARTICLE 11 OF THE TRIBUNAL'S RULES

    Keywords:

    complaint; complaint allowed; complaint allowed in part; cost of expert inquiry; expert inquiry; further submissions; intervention; 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:

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



  • Judgment 1436


    79th Session, 1995
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "As was said for example in Judgment 1223, the Tribunal will not interfere with comparison of candidates in a competition. Only when it appears that the choice rests on a mistake of fact or law or that there has probably been misuse of authority will the Tribunal order the defendant to produce further evidence so that it may review such comparison."

    Reference(s)

    ILOAT Judgment(s): 1223

    Keywords:

    burden of proof; candidate; case law; competition; due process; evidence; further submissions; judicial review; mistake of fact; misuse of authority; presumption; qualifications;



  • Judgment 1373


    77th Session, 1994
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    "In this judgment, which is an interlocutory order, the Tribunal will follow the precedent it set in Judgment 875 [...]. It orders two expert inquiries. It will appoint both a scientific expert and a medical expert, and their terms of reference will be as set out in the operative points of the decision below."

    Reference(s)

    ILOAT Judgment(s): 875

    Keywords:

    case law; complaint allowed; complaint allowed in part; decision quashed; expert inquiry; further submissions; interlocutory order;



  • Judgment 1248


    74th Session, 1993
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant "applies to the Tribunal for appointment of an expert to inquire into the scientific issues. His application is disallowed because the evidence he submits casts no doubt on the soundness of the medical opinion the organisation is relying on. For the same reason the Tribunal rejects his application for hearings."

    Keywords:

    advisory opinion; appraisal of evidence; expert inquiry; further submissions; medical opinion; oral proceedings; refusal; 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:

    further material; further submissions; interlocutory order; oral proceedings; refusal; submissions; tribunal;



  • Judgment 1197


    73rd Session, 1992
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    Since the Organization has remained silent at all stages of the proceedings on various questions raised by the complainant, being "prevented from ruling on the issues before it the Tribunal adjourns review of the merits of the case pending further information and argument." It accordingly orders further submissions.

    Keywords:

    further submissions; interlocutory order; judicial review; reply; tribunal;



  • Judgment 1188


    73rd Session, 1992
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    After the Director-General imposed a disciplinary sanction on the complainant he lodged an internal appeal. Rule 110.4.3 of the Staff Rules says that "the deliberations and reports of the Disciplinary Committee and its recommendations to the Director- General shall be confidential". The material issue is "whether the full text of the Disciplinary Committee's report, and not just the text of its recommendation, was disclosed to the Joint Appeals Committee. If it was, the Union should have let the complainant too have a copy and, failing that, there was a procedural flaw in that there was breach of his right of defence."

    Reference(s)

    Organization rules reference: UPU STAFF RULE 110.4.3

    Keywords:

    confidential evidence; disciplinary measure; disciplinary procedure; disclosure of evidence; further submissions; interlocutory order; internal appeal; internal appeals body; procedural flaw; procedure; recommendation; report; right to reply; staff regulations and rules;

    Consideration 7

    Extract:

    "An item that formed part of the internal appeal proceedings should be at the Tribunal's disposal since it cannot otherwise appraise the background to the impugned decision and determine whether it shows any flaw. Further submissions are therefore required to complete the case records."

    Keywords:

    decision; disclosure of evidence; flaw; further submissions; interlocutory order; internal appeal; internal appeals body; procedure; recommendation; report;



  • Judgment 1186


    73rd Session, 1992
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainants object to the abolition of free after-service health insurance cover. They contend that as serving officials they contributed to a health scheme that covered both their own medical expenses and those of former officials. The FAO's answer is that they never contributed to a health scheme that was intended to cover the expenses incurred both by serving and by retired officials. "The complainants are mistaken: as to medical insurance coverage their position before retirement was distinct from their position after it and amendments in the terms of their coverage after they had left had no retroactive effect on their earlier coverage."

    Keywords:

    amendment to the rules; further submissions; illness; insurance; insurance benefit; non-retroactivity; separation from service;



  • Judgment 1177


    73rd Session, 1992
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "When the Director-General's decision is not based on the results of an examination marked by an independent body, he has a wide degree of discretion in making an appointment and granting promotion. Though he is not bound by any recommendation from an advisory body, his authority does not make referral to such a body pointless. A selection body relieves him of the burden of carrying out an assessment himself. It ensures that all applications for appointment or promotion, whatever their source, shall be examined impartially and on the merits. And its report enables the Tribunal to appraise the background to the impugned decision and determine whether it shows any flaw."

    Keywords:

    advisory body; appointment; competition; discretion; further submissions; interlocutory order; judicial review; promotion; promotion board; recommendation; report;

    Consideration 5

    Extract:

    The defendant organisation has refused to produce certain documents pleading privilege. "An item that forms part of the decision may not be withheld from the Tribunal's scrutiny. [...] There shall therefore be further submissions to complete the case records, the Union being required to supply the [material documents]."

    Keywords:

    confidential evidence; disclosure of evidence; further submissions; interlocutory order; judicial review; refusal;



  • Judgment 1096


    70th Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    In Judgment 963 the Tribunal set aside in part an initial reduction in the rate of refund of educational expenses at Eurocontrol insofar as the reduction was given retroactive effect. The present complaints challenge the second reduction. Recalling a recurring principle in the case law (see Judgments 726 and 825) that "a reduction in pay may not be so great as to disrupt the structure of the terms of appointment and that there must be sound reasons for it", the Tribunal orders further submissions in which the defendant organisation shall explain in greater detail the favourable effects of the measure.

    Reference(s)

    ILOAT Judgment(s): 726, 825, 963

    Keywords:

    duty to substantiate decision; education expenses; further submissions; interlocutory order; reduction; refund; salary;



  • 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 989


    68th Session, 1990
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "before ruling on this case the tribunal wishes to have further submissions".

    Keywords:

    further material; further submissions; interlocutory order;



  • Judgment 947


    65th Session, 1988
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2 and 3

    Extract:

    "the tribunal accepts the findings of the medical inquiry, which establish finally the medical aspects of the case. in view of the findings the tribunal, before delivering final judgment, requires from the complainant his replies to the following questions: (1) what invalidity pension is he claiming in compensation for total work disability caused as to 50 per cent by the accident ? (2) what is the total amount he is claiming in compensation for loss of function of the foot and of this amount what portion is attributable to loss of enjoyment of life ?"

    Keywords:

    disability benefit; expert inquiry; further submissions; incapacity; interlocutory order; invalidity; loss of enjoyment of life; medical examination;



  • Judgment 899


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 19 and 20

    Extract:

    the tribunal is being prevented "from determining the ambit of the dispute and exercising its power of review. the tribunal requires [...] further submissions before ruling on the merits".

    Keywords:

    further submissions; interlocutory order; procedure;



  • Judgment 876


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

    Considerations 3 and 4

    Extract:

    "a ruling on the lawfulness of the impugned decision requires disclosure of the papers the complainant cites and indeed the organization is not against disclosing them. the tribunal orders further submissions as follows: [...]".

    Keywords:

    further submissions; inquiry; interlocutory order; transfer; working relations;



  • Judgment 875


    63rd Session, 1987
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "the information available does not enable the tribunal to assess whether the accident of 3 april 1982 resulted in all the permanent injuries now suffered by the complainant or only in the permanent injury to his left foot. in these circumstances an examination should be carried out by a medical expert whose terms of reference are set out below."

    Keywords:

    accident; expert inquiry; further submissions; incapacity; interlocutory order; invalidity; medical examination; rate; service-incurred;

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Last updated: 19.09.2019 ^ top