Oral proceedings (166, 167, 633, 795, 796, 707, 797, 798, 799,-666)
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Keywords: Oral proceedings
Total judgments found: 196
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Judgment 4286
130th Session, 2020
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject her claim of retaliation/harassment.
Consideration 1
Extract:
The complainant applies for oral hearings, pursuant to Article 12, paragraph 1, of the Tribunal’s Rules. The application is rejected in view of the ample submissions and documentary evidence provided by the parties, which fully inform the Tribunal about this complaint.
Keywords:
oral proceedings;
Judgment 4279
130th Session, 2020
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject her internal complaint of psychological harassment.
Consideration 10
Extract:
In view of the amount of information gathered by the investigators on the various incidents [...], the Tribunal considers that to conduct hearings, as requested by the complainant, of two witnesses – one of whom was interviewed during the investigation – would not affect the assessment of those facts. The complainant’s request to that end will therefore be refused.
Keywords:
oral proceedings;
Judgment 4273
130th Session, 2020
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge their classification in the new career structure established following the 2015 five-yearly review.
Consideration 3
Extract:
The complainants seek oral proceedings, but the Tribunal considers it is sufficiently informed of the cases by the content of the written submissions and does not regard oral proceedings as necessary.
Keywords:
oral proceedings;
Judgment 4254
129th Session, 2020
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend his appointment beyond the statutory retirement age.
Consideration 2
Extract:
The complainant requests an oral hearing on some of the issues raised in his complaint. However, the Tribunal considers that it is sufficiently well informed about the case by the evidence in the file and does not therefore deem it necessary to hold such a hearing.
Keywords:
oral proceedings;
Judgment 4253
129th Session, 2020
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who states that he was the victim of moral harassment, claims redress for the injury he considers he has suffered.
Consideration 2
Extract:
The complainant seeks oral proceedings and the hearing of numerous witnesses, as well as the disclosure of certain documents. However, the Tribunal considers itself to be sufficiently well informed on the case by the written submissions and thus does not deem it necessary to grant these requests.
Keywords:
disclosure of evidence; oral proceedings;
Judgment 4247
129th Session, 2020
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her dismissal from service for serious misconduct.
Consideration 2
Extract:
In her complaint form, the complainant requested an oral hearing, identifying herself as a witness to be called regarding all claims raised in the complaint and, in particular, in relation to the material issues of fact contested by WIPO. The parties have presented ample submissions and documents to permit the Tribunal to reach an informed and just decision on the case. The request for an oral hearing is, therefore, rejected.
Keywords:
oral proceedings;
Judgment 4242
129th Session, 2020
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to consider her claim for compensation for illness attributable to the performance of official duties.
Consideration 1
Extract:
The complainant requests an oral hearing under Article 12, paragraph 1, of the Tribunal’s Rules. The request is rejected as the Tribunal considers that the issues raised in this case can fairly be resolved on the detailed submissions, materials and documents which the parties have provided.
Reference(s)
ILOAT reference: Article 12, paragraph 1, of the Rules
Keywords:
oral proceedings;
Judgment 4241
129th Session, 2020
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint challenges the decision to dismiss her complaint of harassment as unsubstantiated.
Consideration 5
Extract:
The complainant applies for an oral hearing. She states, in her brief, that this should be granted as there are essential contradictions between her allegations and the assertions of staff members interviewed, especially the DXD/MER and the two staff members in the latter’s Office, Ms E. and Ms F., whom she has alleged mobbed her. She states that considering that the facts of the case are in dispute and that she was not able to adduce all the relevant evidence in writing, the Tribunal should conduct an oral hearing and investigate the issues submitted herein. She reserved her right to call witnesses after receiving WHO’s reply and surrejoinder.
The application is rejected. The complainant named no witnesses and did not refer to an oral hearing in her rejoinder or subsequently. Neither has she identified the aspect(s) of the case for which she was not able to adduce evidence. Additionally, it is not within the Tribunal’s purview to conduct harassment investigations. WHO/UNAIDS constituted the IOS and tasked it to conduct such investigations. Moreover, the issues raised in the proceedings can be resolved having regard to the detailed pleas and the voluminous documentary evidence which the parties have provided. It is noteworthy that the complainant states, in her rejoinder, that she has “provided ample evidence, consisting of hundreds of emails, for each of the allegations of harassment she submitted to the IOS [and that] [s]uch emails extensively demonstrated the instances of harassment committed against her for nearly three (3) years on a regular and persistent basis [and that] it is rather ironic [for] the Respondent to allege that [she] had not provided sufficient evidence to support [her] allegations, despite the 1000 pages she submitted [...]”. She also states that she provided ample evidence and concrete examples of the way in which the applicable rules have been violated by the IOS during its investigation.
Keywords:
oral proceedings;
Judgment 4240
129th Session, 2020
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reassign her to the post of Senior Advisor on Innovative Strategic Information, Strategic Information and Evaluation Department.
Consideration 2
Extract:
The complainant applies for an oral hearing pursuant to Article 12, paragraph 1, of the Tribunal’s Rules. She states in her brief that “[c]onsidering that the facts of the case are in dispute and that [she] was not able to adduce all the relevant evidence in writing, she requests that an oral hearing be conducted and the issues submitted herein be investigated”. She reserved her right to call witnesses after receiving WHO’s reply and surrejoinder. In its reply, WHO submits that such a hearing is unnecessary noting, among other things, that the brief states no grounds for the application. The Tribunal notes that the complainant named no witnesses and did not refer to an oral hearing in her rejoinder. Moreover, the issues raised in the proceedings before the Tribunal can be resolved having regard to the detailed pleas and the documentary evidence which the parties have provided. The application for an oral hearing is therefore rejected.
Reference(s)
ILOAT reference: Article 12, paragraph 1, of the Rules
Keywords:
oral proceedings;
Judgment 4231
129th Session, 2020
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend his fixed-term appointment and to place him on special leave with pay until his contract expired.
Consideration 11
Extract:
The complainant’s further plea that his right to due process was breached because the Appeals Committee did not hold a hearing in which witnesses were called also fails. According to Staff Rule 331.3.62, it is within the discretion of the Appeals Committee to determine whether hearings are necessary so it was under no obligation to call the witnesses whom the complainant wished it to hear (see, for example, Judgment 3846, consideration 6).
Reference(s)
ILOAT Judgment(s): 3846
Keywords:
due process; internal procedure; oral proceedings;
Judgment 4228
129th Session, 2020
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject his request for compensation for loss of earnings allegedly caused by a service-incurred injury.
Consideration 6
Extract:
According to that provision [Manual paragraph 342.6.522], the ACCC is not required to hold hearings, and as the case at hand regarded only a question of law, the Tribunal finds no flaw in the ACCC’s determination that hearings were unnecessary.
Keywords:
internal procedure; oral proceedings;
Judgment 4221
129th Session, 2020
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her request for reclassification of her post.
Consideration 1
Extract:
The complainant requests an oral hearing pursuant to Article 12 of the Tribunal’s Rules. The request is rejected as the Tribunal considers that the issues raised in this case can fairly be resolved on the detailed submissions, materials and documents which the parties have provided.
Reference(s)
ILOAT reference: Article 12 of the Rules
Keywords:
oral proceedings;
Judgment 4194
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the refusal to consult them concerning the use of external contractors.
Consideration 1
Extract:
On their complaint forms, the complainants request oral proceedings. However, as the written submissions are sufficient for the Tribunal to reach a reasoned decision, the Tribunal sees no need for oral proceedings. That request is thus denied.
Keywords:
oral proceedings;
Judgment 4190
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her application for payment of an expatriation allowance.
Consideration 1
Extract:
The complainant requests an oral hearing under Article 12, paragraph 1, of the Tribunal’s Rules. The Tribunal however notes that the parties have presented ample submissions and documents to permit the Tribunal to reach an informed decision on the case. The request for an oral hearing is therefore refused.
Reference(s)
ILOAT reference: Article 12, paragraph 1, of the Rules
Keywords:
oral proceedings;
Judgment 4188
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her application for payment of an expatriation allowance.
Consideration 1
Extract:
The complainant requests an oral hearing under Article 12, paragraph 1, of the Tribunal’s Rules. The Tribunal however notes that the parties have presented ample submissions and documents to permit the Tribunal to reach an informed decision on the case. The request for an oral hearing is therefore refused.
Reference(s)
ILOAT reference: Article 12, paragraph 1, of the Rules
Keywords:
oral proceedings;
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 1
Extract:
The complainant requests oral proceedings. For the purpose of this case, however, it is unnecessary for the Tribunal to hear further evidence. The parties have presented ample submissions and documents to permit the Tribunal to reach an informed decision on the case. The request for oral proceedings will therefore be rejected.
Keywords:
oral proceedings;
Judgment 4172
128th Session, 2019
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-renewal of his appointment for unsatisfactory performance.
Consideration 8
Extract:
As the written documentation submitted by the parties was sufficient to allow the Tribunal to reach a reasoned decision, the Tribunal sees no need to order oral proceedings. The complainant also requests the discovery of documents but provides no convincing explanation of their actual pertinence to the case. These requests are thus denied.
Keywords:
disclosure of evidence; oral proceedings;
Judgment 4146
128th Session, 2019
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decisions not to grant him a contract of indefinite duration and not to extend his fixed-term contract beyond nine years of service.
Consideration 1
Extract:
The complainant requests an oral hearing under Article 12, paragraph 1, of the Tribunal’s Rules but the parties have presented ample submissions and documents to permit the Tribunal to reach an informed decision on the case. The request for an oral hearing is therefore refused.
Reference(s)
ILOAT reference: Article 12, paragraph 1, of the Rules
Keywords:
oral proceedings;
Judgment 4140
128th Session, 2019
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to summarily dismiss her for serious misconduct during her probation period.
Consideration 2
Extract:
The complainant has requested oral hearings. However, in view of the ample and sufficiently clear written submissions and evidence provided by the parties, the Tribunal considers that it is fully informed about the case and, in particular, with regard to the question of receivability, which will be considered below. It does not therefore deem it necessary to grant this request.
Keywords:
oral proceedings;
Judgment 4115
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to downgrade him for serious misconduct.
Consideration 14
Extract:
It is unnecessary to hold an oral hearing as requested by the complainant. The written material provided by the parties has been sufficient to enable the Tribunal to resolve this complaint without such a hearing.
Keywords:
oral proceedings;
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