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Equity (190,-666)

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Keywords: Equity
Total judgments found: 25

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  • Judgment 3594


    121st Session, 2016
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to abolish her post and not to renew her fixed-term appointment.

    Considerations 11-12

    Extract:

    [T]he decision not to renew [the complainant's] contract was taken in violation of the principle of equality.
    The complainant is not entitled to reinstatement or material damages on the basis that her contract should have been renewed, as a fixed-term contract carries no right to renewal.

    Keywords:

    equity; material damages; non-renewal of contract; reinstatement;



  • Judgment 3586


    121st Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision not to extend his fixed-term appointment.

    Judgment keywords

    Keywords:

    due process; duty of care; equity; fixed-term; non-renewal of contract;



  • Judgment 3073


    112th Session, 2012
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "According to the case law, an international organisation which decides to hold a competition in order to fill a post cannot select a candidate who does not satisfy one of the required qualifications specified in the vacancy notice. Such conduct, which is tantamount to modifying the criteria for appointment to the post during the selection process, incurs the Tribunal's censure on two counts. Firstly, it violates the principle of patere legem quam ipse fecisti, which forbids the Administration to ignore the rules it has itself defined. In this respect, a modification of the applicable criteria during the selection procedure more generally undermines the requirements of mutual trust and fairness which international organisations have a duty to observe in their relations with their staff. Secondly, the appointment body's alteration, after the procedure had begun, of the qualifications which were initially required in order to obtain the post, introduces a serious flaw into the selection process with respect to the principle of equal opportunity among candidates. Irrespective of the reasons for such action, it inevitably erodes the safeguards of objectivity and transparency which must be provided in order to comply with this essential principle, breach of which vitiates any appointment based on a competition. (See Judgments 1158, 1646, 2584 and 2712.)"

    Reference(s)

    ILOAT Judgment(s): 1158, 1646, 2584, 2712

    Keywords:

    amendment to the rules; appointment; breach; candidate; competition; complaint allowed; condition; criteria; decision quashed; equal treatment; equity; flaw; grounds; organisation's duties; patere legem; safeguard; vacancy notice; working relations; written rule;



  • Judgment 3067


    112th Session, 2012
    Technical Centre for Agricultural and Rural Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    "[T]he very purpose of a conciliation procedure, which is to endeavour to resolve a dispute between the parties amicably, implies that the conciliator may have to take account of considerations of fairness or advisability. In this respect, such a procedure is fundamentally different from proceedings before the Tribunal, whose task is plainly not to explore possible settlements between the parties and which essentially gives a ruling in law."

    Keywords:

    collective bargaining; competence of tribunal; complaint allowed; complaint allowed in part; difference; equity; purpose; settlement out of court;



  • Judgment 2940


    109th Session, 2010
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3(b)

    Extract:

    "In accordance with the right to due process, which calls for transparent procedures, a staff member is entitled to be apprised of all items of information material to the outcome of his or her claims. The composition of an advisory body is one such item, since the identity of its members might have a bearing on the reasoning behind and credibility of the body's recommendation or opinion. The staff member is therefore at least entitled to comment on its composition (see Judgment 2767, under 7(a))."

    Reference(s)

    ILOAT Judgment(s): 2767

    Keywords:

    advisory body; advisory opinion; complaint allowed; complaint allowed in part; composition; consequence; due process; duty to inform; effect; elements; equity; general principle; grounds; recommendation; right; right to reply; settlement out of court;



  • Judgment 2899


    108th Session, 2010
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "[T]he Tribunal's case law has it that an international organisation which has mistakenly overpaid an official must take into account any circumstances which would make it unfair or unjust to require repayment of the sum in question - at least the full amount thereof. Relevant circumstances include the good or bad faith of the staff member, the sort of mistake made, the respective responsibilities of the organisation and the person concerned for the causes of the mistake and the inconvenience to which the staff member would be put by repayment that is required as a result of the organisation's oversight (see Judgments 1111, under 2, and 1849, under 16 and 18)."

    Reference(s)

    ILOAT Judgment(s): 1111, 1849

    Keywords:

    case law; cause; complaint allowed; complaint allowed in part; condition; consequence; equity; good faith; international civil servant; liability; mistake of fact; organisation; organisation's duties; recovery of overpayment; refund; request by a party;



  • Judgment 2770


    106th Session, 2009
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "Considerations of fairness and justice apply to merit promotions as well as to promotions resulting from reclassification."

    Keywords:

    complaint allowed; complaint allowed in part; equity; grade; personal promotion; post classification; promotion;



  • Judgment 2722


    105th Session, 2008
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "As the Tribunal has repeatedly stated, for example in Judgments 602, 1106, 1466 and 2463, time limits are an objective matter of fact and it should not entertain a complaint filed out of time, because any other conclusion, even if founded on considerations of equity, would impair the necessary stability of the parties' legal relations, which is the very justification for a time bar. As recalled in Judgment 1466, the only exceptions to this rule that the Tribunal has allowed are where the complainant has been prevented by vis major from learning of the impugned decision in good time (see Judgment 21), or where the organisation by misleading the complainant or concealing some paper from him or her has deprived that person of the possibility of exercising his or her right of appeal, in breach of the principle of good faith (see Judgment 752). It does not, however, appear from the evidence, nor is it even alleged that the complainants in this case found themselves in either of these situations."

    Reference(s)

    ILOAT Judgment(s): 21, 602, 752, 1106, 1466, 2463, 2722

    Keywords:

    breach; case law; complaint; equity; exception; force majeure; good faith; grounds; receivability of the complaint; right of appeal; time bar; time limit;



  • Judgment 2700


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

    Consideration 5

    Extract:

    "The Tribunal [...] draws attention to the fact that, irrespective of the circumstances, an official is always entitled to have his case judged in proper, transparent and fair proceedings which comply with the general principles of law."

    Keywords:

    complaint allowed; due process; equity; formal requirements; general principle; international civil servant; judgment of the tribunal; organisation's duties; procedure; right; staff member's interest;



  • Judgment 2540


    101st Session, 2006
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 30

    Extract:

    "It was said in Judgment 442 that:
    As a rule an official's comments on his subordinates do not give them any right to compensation; otherwise supervisors would express only guarded opinions about their subordinates, and that would be harmful to the organisation's efficiency. The most that can be said is that when a supervisor expresses an opinion which he knows to be untrue for a purely malicious purpose he, or the organisation, will be liable.
    To that should be added the rider that the duty to act in good faith and, also, the duty to respect the dignity of a subordinate require that the subordinate be given an opportunity to answer any criticism made and that his or her answers or explanations be fairly considered."

    Reference(s)

    ILOAT Judgment(s): 442

    Keywords:

    allowance; complaint allowed; complaint allowed in part; consequence; difference; equity; general principle; good faith; injury; liability; mistake of fact; organisation; organisation's duties; purpose; respect for dignity; right; right to reply; supervisor; work appraisal;



  • Judgment 2524


    100th Session, 2006
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 31

    Extract:

    To advance serious allegations that have not been properly investigated against an official before a body that must issue a decision or recommendation concerning that official amounts to "serious failure of due process and want of fairness and good faith".

    Keywords:

    advisory body; advisory opinion; breach; complaint allowed; complaint allowed in part; decision; due process; equity; good faith; internal appeals body; organisation's duties; respect for dignity; right to reply;



  • Judgment 2416


    98th Session, 2005
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8 and 11

    Extract:

    "The EPO's position is that because the claim for damages was made as an oral submission during the [Appeals] Committee hearings [...], rather than being included in the complainant's original written submissions, it was not actually part of the internal appeal and therefore cannot now be claimed before the Tribunal. [...]
    The objection to receivability is misconceived. The Appeals Committee accepted that the complainant could make a claim for damages and heard both parties on the question. The reason that the Tribunal insists that any claim made before it must first have been asserted in the internal appeal process is that Article VII(1) of its Statute demands that the complainant first exhaust any available internal means of redress. The EPO has not shown that there is any equivalent provision relating to internal appeals, and it is desirable that such appeals should be as unencumbered as possible by procedural obstacles provided that elementary fairness is observed."

    Reference(s)

    ILOAT reference: Article VII(1) of the Statute of the Tribunal

    Keywords:

    adversarial proceedings; claim; complaint allowed; equity; general principle; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; moral damages; new claim; oral proceedings; receivability of the complaint;



  • Judgment 2315


    96th Session, 2004
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 32

    Extract:

    "The Tribunal may, when setting aside a flawed decision not to renew a contract, order renewal for an appropriate term, as was done in Judgments 1298 and 1633. But it does so only if that is clearly the fair course to take. That was the situation in Judgment 1633 where, in practical terms, the question for decision was not whether a contract should be renewed but whether it should be renewed for two or for five years."

    Reference(s)

    ILOAT Judgment(s): 1298, 1633

    Keywords:

    competence of tribunal; complaint allowed; complaint allowed in part; condition; contract; decision; decision quashed; equity; flaw; iloat; judgment of the tribunal; non-renewal of contract; period; settlement out of court;



  • 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 1849


    87th Session, 1999
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 18 and 19

    Extract:

    "The Tribunal considers that, in accordance with its jurisprudence, if an official receives an overpayment by mistake it should be reimbursed. Nevertheless, the organization should take into account any circumstances which would make it unfair or unjust to require repayment. [...] In the Tribunal's opinion there is no indebtedness by the complainant to the organization. It was responsible for making payments on behalf of the United Nations, but has been fully reimbursed. The organization therefore, was not entitled to withhold the grants due or make deductions from salary under rule 380.5.2 since the complainant was not indebted to it."

    Reference(s)

    Organization rules reference: STAFF RULE 380.5.2 OF WHO

    Keywords:

    amount; complaint allowed; complaint allowed in part; criteria; debt; deduction; equity; exception; recovery of overpayment; refund; unjust enrichment;



  • Judgment 1763


    85th Session, 1998
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 15 and 17

    Extract:

    The complainant is accused of having cheated the Organisation by falsifying airline tickets intended for official travel. "[T]he Director of the Division of Personnel [...] was both the chairman of the Disciplinary Board and the head of the department conducting the initial investigation. That the Director of the Division of Personnel should be chairman of the Board is required by paragraph 13(a) of section 13, Part II, of the Agency's Administrative Manual and does not constitute a procedural flaw, but does give rise to a situation in which there is a grave danger of an actual breach of procedural fairness. That is what in fact occurred. As the chairman of the Disciplinary Board, the Director had to refrain from personal involvement in the investigation. He must not be both judge and policeman. That, however, is what happened on at least one occasion. [...] This constitutes a serious breach of due process. [...] As chairman of the Joint Disciplinary Board, the Director of the Division of Personnel had a duty to be and to appear to be impartial."

    Reference(s)

    Organization rules reference: PARAGRAPH 13(A) OF SECTION 13, PART II, OF IAEA'S ADMINISTRATIVE MANUAL

    Keywords:

    advisory body; bias; complaint allowed in part; composition; disciplinary procedure; due process; equity; inquiry; procedural flaw; staff regulations and rules;

    Consideration 19

    Extract:

    The complainant is accused of having cheated the Organisation by falsifying airline tickets intended for official travel. "[T]he Appeals Board asked for and received a legal opinion from the Director of the Legal Division during the appeal. This [...] was a violation of due process because that Director had been a member of the Disciplinary Board, whose recommendation was under appeal. The Agency admits that the Director signed a legal opinion that had been prepared at the request of the Appeals Board. That opinion should not have been given by the Director and should have been rejected by the Appeals Board; the Director simply should not have been involved, in substance or in form, with the Appeals Board's recommendation. A member of the body appealed from may not give legal advice to the body which hears the appeal."

    Keywords:

    advisory body; advisory opinion; bias; complaint allowed in part; composition; disciplinary procedure; equity; internal appeal; internal appeals body; procedural flaw; report;



  • Judgment 1416


    78th Session, 1995
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant charged the organization with breach of equal treatment when it assigned her to a new career path. The answer the Director-General gave her was ambiguous. "The Tribunal cannot therefore review the Director-General's reason for declining to put her on the same path as the other official, nor tell whether cern abided by the rules on fairness. Not having enough evidence to make a ruling, it will quash the impugned decision, though it will not order cern to put her on path iv as she asks."

    Keywords:

    assignment; career; complaint allowed; complaint allowed in part; decision quashed; equal treatment; equity; grounds; judicial review; promotion; refusal;



  • Judgment 1298


    75th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    In view of the complainant's "length of service, loss of pension entitlements if he is not reinstated and the difficulty he would no doubt face in finding other employment at his age, the Tribunal holds that it should order him reinstatement since it would not be fair just to award him financial compensation."

    Keywords:

    complaint allowed; complaint allowed in part; decision quashed; equity; pension entitlements; reinstatement; seniority;



  • Judgment 1225


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

    Considerations 4 and 5

    Extract:

    The complainant seeks the refund of sums withheld from his pay as staff assessment. He submits that the FAO was applying a system of taxation at source without providing any service in return. The Tribunal holds that all that matters is whether the organization's subsequent refusal to refund the amounts withheld from his pay was lawful. "The levy of staff assessment on the complainant was initially lawful and equitable. If for any reason it had not been levied the basic objective of equality between him and other staff in like case would have been defeated."

    Keywords:

    equal treatment; equity; staff assessment;



  • Judgment 447


    46th Session, 1981
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The impugned decision did not take account of the complainant's particular interests and was tainted with bias. The impugned decision is unlawful and the complainant is therefore entitled to compensation for moral prejudice provided that there was serious injury to her feelings. She was certainly affected by the suddenness of the decision, which she regarded as unfair punishment. moreover, her reputation very probably did suffer. Accordingly, the compensation for moral prejudice is determined ex aequo et bono.

    Keywords:

    bias; complaint allowed; equity; moral damages; moral injury; professional injury; staff member's interest; transfer;

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Last updated: 14.11.2019 ^ top