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Further submissions (160, 161, 162, 164, 165,-666)
You searched for:
Keywords: Further submissions
Total judgments found: 26
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Judgment 3525
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges statements made by the EPO in its surrejoinder to his second complaint which led to Judgment 3146.
Consideration 6
Extract:
A complainant must apply for permission to submit additional comments in the proceedings dealing with her or his complaint, if she or he has reasonable grounds to object to the comments made by the organisation in its surrejoinder. Statements which are made in the context of complaint proceedings before the Tribunal are not decisions within the meaning of Article 106 of the Service Regulations and are thus not challengeable in separate complaint proceedings, nor do they fit strictly within the requirements of Article II of the Tribunal’s Statute.
Keywords:
further submissions;
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 before the tribunal;
Judgment 2707
104th Session, 2008
International Centre for Genetic Engineering and Biotechnology
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
[I]t is not necessary to consider the ICGEB’s argument that the complainant’s acceptance of the offer to pay him 18 months’ net salary constituted a waiver or surrender of his right of appeal. The complaint is not concerned with any other aspect of the agreement relating to that payment and, thus, issues raised with respect to it in the supplementary submissions filed by the complainant are not properly before the Tribunal. Those issues, if they are to be pursued, must be pursued in accordance with the ICGEB Staff Rules.
Keywords:
further submissions;
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; 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 before the tribunal; 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 RULES
Keywords:
complaint; 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:
additional written submissions; 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:
abuse of power; burden of proof; candidate; case law; competition; due process; evidence; further submissions; judicial review; mistake of fact; misuse of authority; presumption of innocence; qualifications; selection procedure;
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; 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:
additional written submissions; 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, Summary
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 before the tribunal; 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 before the tribunal; 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; health insurance; illness; insurance; medical expenses; 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; impartiality; 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 of salary; 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:
additional written submissions; further submissions; interlocutory order;
Judgment 947
65th Session, 1988
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
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 a 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 19-20
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 before the tribunal;
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