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Vague claim (20,-666)

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Keywords: Vague claim
Total judgments found: 14

  • Judgment 3298


    116th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants contest the conditions of their reassignment and allege unequal treatment.

    Considerations 12 and 16

    Extract:

    The Organization considers that the complainant's claims are so vague that the Tribunal should not rule on them.
    "Apart from anything else, procedural fairness requires that a defendant organisation understands the case advanced by the complainant in order to be able to meet it. It is possible to conceive of situations where the complaint is so vaguely expressed that a defendant organisation is simply unable to respond. This is not so in the present case. Apart from raising the point about the form of the complaint as a threshold issue, the [Organization] has presented its defence on what appears to be a clear understanding of the issues [the complainant] raised and, implicitly, the relief he sought. For these reasons, the Tribunal rejects this aspect of the [Organization]s pleas. The complaint is receivable."

    Keywords:

    receivability of the complaint; vague claim;



  • Judgment 1532


    81st Session, 1996
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The Tribunal holds that "the [complainant's] 'claims' consist of mere pleas or applications for rulings on matters of procedure. In any event the complainant has failed to draft them plainly or coherently enough for the Tribunal to determine what it is he wants. So it will deliver no formal ruling on them."

    Keywords:

    complaint; complaint allowed; complaint allowed in part; vague claim;



  • Judgment 1485


    80th Session, 1996
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant's claim to moral damages fails because he is not "challenging any final administrative decision or decisions and because its wording is too vague for it to be entertained."

    Keywords:

    claim; vague claim;



  • Judgment 1102


    71st Session, 1991
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "According to Article 7 and Appendix II of the Rules of court the complainant must make clear in the statement of his claims what his case is about and submit a brief setting out the facts and his arguments in support of those claims. The complainant has failed to explain in comprehensible terms what it is he wants or to file any legal plea in support".

    Reference(s)

    ILOAT reference: ARTICLE 7 AND APPENDIX II OF THE RULES

    Keywords:

    complaint; formal requirements; no cause of action; receivability of the complaint; vague claim;



  • Judgment 898


    64th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant wants the Tribunal to make recommendations on how to interpret certain provisions in the rules. "Besides stating his claims in vague and general terms the complainant is not seeking the quashing of any decision but mere recommendations in the form of advice to be commended to some unidentified person or authority. The Tribunal may neither give an advisory opinion nor rule on a dispute in which no breach of the terms of appointment or of the Staff Regulations is alleged. For that reason the claims are irreceivable."

    Keywords:

    advisory opinion; cause of action; competence of tribunal; complainant; interpretation; receivability of the complaint; request by a party; staff regulations and rules; tribunal; vague claim;



  • Judgment 887


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

    Considerations 8 and 9

    Extract:

    certainty of the position in law requires the complainant to state clearly what it is he wants. the tribunal observes that in both his internal appeal and the present complaint, the complainant has failed to indicate the specific documents or type of document he wished to have included in his personal file. nor has he made clear the reasons for his action. in the present state of the dossier, his complaint is an abuse of the right of appeal under the statute of the tribunal.

    Keywords:

    cause of action; complaint; elements; no cause of action; personal file; receivability of the complaint; vague claim; vexatious complaint;



  • Judgment 655


    55th Session, 1985
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    the claim "is for performance by the ilo of its obligations under the staff regulations and under the rules of equity and natural justice. the formulation of such obligations is too vague and general for their performance to be subject to judicial review. the claim is irreceivable."

    Keywords:

    organisation's duties; receivability of the complaint; vague claim;



  • Judgment 654


    55th Session, 1985
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    vide judgment 655, consideration 7.

    Reference(s)

    ILOAT Judgment(s): 655

    Keywords:

    organisation's duties; receivability of the complaint; vague claim;



  • Judgment 649


    55th Session, 1985
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    the claims in question "amount to a demand that the ilo stop acting in breach of its obligations under the staff regulations. the formulation of the obligations is so vague and general that their performance cannot be subject to judicial review. the claims are irreceivable."

    Keywords:

    organisation's duties; receivability of the complaint; vague claim;



  • Judgment 637


    54th Session, 1984
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "a claim will not be receivable unless couched in [sufficiently precise] terms". the tribunal is being asked to order an amendment of the staff regulations to prescribe special safeguards for the disabled such as their 'social resettlement" and protection against dismissal. the wording is vague, and the tribunal cannot issue any order of that kind to the [organisation]. the claim is therefore irreceivable [...] besides it is clearly devoid of merit."

    Keywords:

    receivability of the complaint; vague claim;



  • Judgment 565


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5 (C)

    Extract:

    "the obligations which the complainant seeks to lay on the organisation in [the] claim [...] are in part stipulated in the staff regulations and are stated in such general terms that performance would not be enforceable. insofar as it is not invalid, the claim is too imprecise and therefore irreceivable."

    Keywords:

    receivability of the complaint; vague claim;



  • Judgment 564


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    the complainant asks the tribunal to order the organisation to stop all discriminatory practices against him and give him full justice in the matter of career advancement. what this claim "entails is that the tribunal order the [organisation] to perform obligations set out in the staff regulations but stated in such general terms that their performance is unenforceable. the claim is therefore too imprecise to be valid and is irreceivable, and the tribunal will not consider the pleas in support of it."

    Keywords:

    receivability of the complaint; vague claim;



  • Judgment 330


    39th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    the complainant seeks disclosure of "'documents in his file which may have prompted his exclusion'. ...for want of clearer information the tribunal supposes that the documents the complainant means are his performance reports, but since he himself signed them he must have been fully aware of their contents."

    Keywords:

    cause of action; complainant; disclosure of evidence; no cause of action; personal file; request by a party; vague claim;



  • Judgment 126


    20th Session, 1968
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "As to the claim for written and public apologies to be made by [...] the organization [...] this claim is not within the competence of the Administrative Tribunal."

    Keywords:

    claim; competence of tribunal; vague claim;


 
Last updated: 19.09.2019 ^ top