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Adversarial proceedings (183, 184,-666)

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Keywords: Adversarial proceedings
Total judgments found: 65

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  • Judgment 1881


    87th Session, 1999
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 20 and 21

    Extract:

    "The organization argues that the supervisor's unflattering comments to the Reports Board concerning the complainant 'had nothing to do with the quality of his work during the period being reviewed by the Board'. Even if it were true, the submission is beside the point. Prejudicial comments made to a body advising the decision-maker by one of the parties to a dispute are often irrelevant to the actual substance of the dispute. They are nonetheless prejudicial. If such comments are made, an opportunity must be given to the other party to respond to them. By failing to do this the Reports Board breached its duty of fairness. The report of the Reports Board being vitiated, the decision of the Director-General which is based upon such report cannot stand and must be quashed."

    Keywords:

    adversarial proceedings; bias; complaint allowed; complaint allowed in part; equity; flaw; injury; performance report; period; procedural flaw; supervisor; work appraisal;



  • Judgment 1675


    84th Session, 1998
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "[The Organisation] pleads that the hearing of witnesses by the Disciplinary Board need not be adversarial and that the inquiry will be if the Board hears witnesses called by both sides. the plea is mistaken. An inquiry will be adversarial only if the parties attend, or have at least been duly invited to attend, the hearing of witnesses."

    Reference(s)

    Organization rules reference: RULE NO. 12 OF THE EUROCONTROL STAFF REGULATIONS

    Keywords:

    adversarial proceedings; case sent back to organisation; complaint allowed; decision quashed; disciplinary procedure; inquiry; procedural flaw; right to reply; testimony;



  • Judgment 1673


    84th Session, 1998
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    Whether proceedings are judicial or disciplinary it would be a breach of due process "to let one of the parties address issues of fact or of law without letting the other attend and comment."

    Keywords:

    adversarial proceedings; disciplinary procedure; right to reply;



  • Judgment 1639


    83rd Session, 1997
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The Director-General took the view that since the complainant admitted misconduct there was no need to give her any opportunity of defending herself. "The defendant's argument is mistaken. Before it notified to her the decision of summary dismissal it had brought no charges against her, and she therefore had no case to answer. And once it had made the decision to dismiss her without giving her a prior hearing, it had already acted in breach of due process. [...] An international organisation must inform the staff member of any charges it is levelling against him and give him the opportunity of answering before it takes any disciplinary action: audi alteram partem is a requirement it must observe in all circumstances. [...] Even though she had admitted to the incident, she did not on that account forfeit her right to be heard, be it to make a plea in mitigation or to give her own version of the facts or to raise any other issue she wished in her own defence."

    Keywords:

    adversarial proceedings; complainant; complaint allowed; complaint allowed in part; disciplinary measure; duty to inform; mitigating circumstances; organisation's duties; right; right to reply; serious misconduct; summary dismissal; termination;



  • Judgment 1619


    83rd Session, 1997
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "When a staff member makes charges as serious as sexual harassment an organisation must do its utmost to afford protection. But it must at the same time carry out a full and proper inquiry that respects the rights of the accused. Here the WHO obviously failed to do so. Instead it originally preferred to let the Tribunal rule without adducing evidence that might have proved material. It thereby erred, and the complainant is entitled to redress on that account."

    Keywords:

    adversarial proceedings; complaint allowed; complaint allowed in part; harassment; inquiry; moral damages; moral injury; organisation's duties; respect for dignity; right to reply;



  • 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 1406


    78th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant wants the Tribunal to hold hearings and call witnesses "if it needs proof of any facts. Since the WHO has produced further evidence, there is no need for such hearings. Moreover, the disclosure of that evidence satisfies the Tribunal that there has been due process."

    Keywords:

    adversarial proceedings; complaint allowed; complaint allowed in part; disclosure of evidence; due process; oral proceedings;



  • Judgment 1354


    77th Session, 1994
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant is challenging CERN's assignment of him on a career path in keeping with a new advancement scheme. He says the procedure should have been adversarial. The plea fails. "There is no question of any breach of his right to due process." Even discounting his discussions about CERN's provisional determination of his career path, both his internal appeal and the present proceedings "have afforded him ample opportunity to plead his case".

    Keywords:

    adversarial proceedings; assignment; complaint; due process; internal appeal; right to reply;



  • Judgment 1266


    75th Session, 1993
    International Union for the Protection of New Varieties of Plants
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 23

    Extract:

    Vide Judgment 1265, consideration 23.

    Reference(s)

    ILOAT Judgment(s): 1197

    Keywords:

    adjustment; adversarial proceedings; case sent back to organisation; complaint allowed; complaint allowed in part; coordinated organisations; decision quashed; duty to inform; general service category; icsc decision; local status; organisation's duties; reckoning; salary; scale; tribunal;



  • Judgment 1265


    75th Session, 1993
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 23

    Extract:

    The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organistions whose headquarters are in Geneva. WIPO says it is unable to submit any comments on the complainants arguments because it lacked authority to set the salary scales. Having done what was required to import the challenged scale in full into WIPO's own rules and thereby endorsed the ICSC's decisions without qualification, the Director General then "took up an unhelpful posture and thereby prevented before the Tribunal the adversarial pleadings that are an essential feature of judicial process and, besides, indispensable for providing the Tribunal with adequate information: see Judgment 1197 [...], under 13 and 14."

    Reference(s)

    ILOAT Judgment(s): 1197

    Keywords:

    adjustment; adversarial proceedings; case sent back to organisation; complaint allowed; complaint allowed in part; coordinated organisations; decision quashed; duty to inform; general service category; icsc decision; judicial review; local status; organisation's duties; reckoning; salary; scale;



  • Judgment 1176


    73rd Session, 1992
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    The Tribunal will discount "a new material fact" which the organisation supplied "too late for the complainant to be able to comment".

    Keywords:

    adversarial proceedings; case sent back to organisation; complaint allowed; decision quashed; disclosure of evidence; new fact on which the party was unable to rely in the original proceedings; right to reply; time limit;



  • Judgment 1127


    71st Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The Reports Committee, which was called on to advise on whether the complainant's appointment should be confirmed, is free, as is the Tribunal, to turn down a complainant's request for hearings in the absence of any procedural rule to the contrary. "There was no breach of due process: provided that both parties were given the opportunity to state their views - and they were - the Reports Committee was free to conduct its inquiry as it thought fit."

    Keywords:

    adversarial proceedings; advisory body; due process; oral proceedings; procedure;



  • Judgment 907


    64th Session, 1988
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "in judgment 807 the tribunal remanded the case for a new decision. it gave due instructions, observing that the complainant had not had the opportunity of answering the allegations about his work and the disruption of his section; it said that the organisation might resume the dismissal procedure on some other grounds provided for under the staff regulations. there were, quite plainly, supposed to be adversarial proceedings before the new decision was taken."

    Reference(s)

    ILOAT Judgment(s): 807

    Keywords:

    adversarial proceedings; case sent back to organisation; consequence; decision quashed; flaw; organisation's duties; right to reply; termination;



  • Judgment 595


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

    Consideration 3

    Extract:

    the complainant, whose contract was ended for reasons of health, refused disclosure of his medical file. "he [...] produces several certificates from doctors who have treated him. while not questioning their professional competence, the tribunal will observe that the certificates have no value as evidence since the complainant refuses to let the who physician state his opinion. the complainant's position has destroyed the parity there should be between the parties, and the tribunal can restore it only by discounting the medical certificate she has produced."

    Keywords:

    adversarial proceedings; appraisal of evidence; disclosure of evidence; evidence; health reasons; medical certificate; termination;



  • Judgment 476


    47th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    the right to a hearing includes the opportunity to take part in the deposition of evidence. "the appeals committee ought to have summoned the complainant and a representative of the organization to attend when the expert witness gave evidence. [...] this flaw in the internal appeal proceeding had no effect, however." the expert witness expressed views solely on the nature of the complainant's former and new posts. this is a point which has been fully elucidated in the proceedings before the tribunal. neither the statements of the expert witness nor the conclusions of the committee can therefore have any effect on the tribunal's decision.

    Keywords:

    adversarial proceedings; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;



  • Judgment 410


    44th Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    the complainant was issued a reprimand without it being ascertained what explanation or excuse he might have to give. it is not possible to ignore the alleged misconduct of the regional director. "the director-general must be allowed the widest possible discretion in deciding how to handle incidents of this sort. if he had decided against any formal disciplinary proceedings against either of the parties, his decision would have beyond criticism. but a decision to reprimand one party while leaving the case against the other unconsidered is open to question."

    Keywords:

    adversarial proceedings; censure; disciplinary measure; disciplinary procedure; flaw; right to reply;



  • Judgment 283


    37th Session, 1976
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    no provision requires "that a staff member be informed of the recommendations made by the competent advisory board with regard to his claim. those recommendations are intended solely to assist the decision-making authority. the contentious nature of the administrative proceedings is respected by notification to the staff member of the decisions taken by the administration in the light of the board's report and by allowing him to reply to those decisions and that report after studying the whole of his file."

    Keywords:

    adversarial proceedings; advisory body; advisory opinion; disclosure of evidence; organisation's duties; request by a party; right to reply;



  • Judgment 248


    34th Session, 1975
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "... after her dismissal, before she appeared before the ... appeals board and on appearing before the board, [the complainant] had every opportunity to examine all the documents in her dossier and to submit her case. she thus enjoyed all the formal and procedural safeguards stipulated by the terms of her appointment and the general principles of law."

    Keywords:

    adversarial proceedings; disclosure of evidence; due process; right to reply; termination;



  • Judgment 232


    32nd Session, 1974
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    the appeals body "was free to determine whether it had enough information at its disposal and whether or not in establishing the truth it would serve any purpose to hear witnesses in the course of proceedings which by their very nature should be and are mainly written."

    Keywords:

    adversarial proceedings; internal appeals body; oral proceedings; refusal;



  • Judgment 162


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The procedure laid down for the purpose of enabling an official to defend himself against the charges against him [written notification of charges, time limit for reply] is inappropriate once the person concerned has admitted those charges. The safeguard provided by [the rule] has become pointless in the present case, since the complainant has admitted his misconduct in statements which the Tribunal has found to be true."

    Keywords:

    adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination;

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Last updated: 14.11.2019 ^ top