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Breach (235,-666)

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Keywords: Breach
Total judgments found: 166

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  • Judgment 4111


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the ILO, alleges that he was subjected to harassment and that the investigation into his allegations of harassment was flawed.

    Consideration 3

    Extract:

    The parties do not dispute that the complainant had requested that a number of witnesses be heard, including his former supervisor [...], which was refused. [...] Any administrative decision, even when the authority exercises discretionary power, must be based on valid grounds. In this case, the refusal, without valid grounds, to hear witnesses with regard to the complainantís allegations constitutes a breach of due process.

    Keywords:

    adversarial proceedings; breach; due process; harassment; inquiry; right to be heard;



  • Judgment 4109


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the ILO, alleges that she was subjected to harassment and that the investigation into her allegations of harassment was flawed.

    Consideration 3

    Extract:

    The parties do not dispute that the complainant had requested that the colleagues who had also filed a harassment grievance be heard as witnesses, which was refused. [...] In this case, the refusal, without valid grounds, to hear witnesses with regard to the complainantís allegations constitutes a breach of due process.

    Keywords:

    adversarial proceedings; breach; due process; harassment; inquiry; right to be heard;



  • Judgment 4090


    127th Session, 2019
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the processing of his application for a disability benefit and the calculation of his sick leave entitlements.

    Consideration 9

    Extract:

    [T]he final constitution of the Board [was delayed] for almost four months. This was an unreasonably long period and delayed the resolution of the complainantís application, which was ultimately successful, for a disability benefit. While the complainant has not discharged the burden of proving retaliation, bias and prejudice, the IAEA is liable for the consequences of this delay involving, as it does, a breach of its duty of care towards the complainant, a ground relied on by the complainant in his fifth argument (see Judgment 2936, consideration 19). The IAEA, through its officers, was obliged to take all reasonable steps to ensure that the complainantís request for review of the decision to refuse him a disability benefit was dealt with as expeditiously as possible. If, as happened, an impasse about who should be the Chair arose between a member of the Board nominated by the staff member and a temporary member [...] of the Board nominated by the Administration who also had the responsibility to nominate another member as his own replacement, then steps should have been taken with great expedition to nominate the member to replace him.

    Keywords:

    breach; composition; delay; disability benefit; duty of care; medical board; organisation's duties;



  • Judgment 3613


    121st Session, 2016
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his employment for alleged unsatisfactory performance, the Global Fundís refusal to retract a News Release published on the date of the termination of his employment, and the decision to maintain the News Release on the Fundís website and its refusal to award compensation for excessive publication, defamation and continued breach of privacy.

    Judgment keywords

    Keywords:

    breach; termination;



  • Judgment 3579


    121st Session, 2016
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant complains of a breach of his ďprocedural rightsĒ before the Appeals Board, the discontinuation of two elements of his mobility allowance and harassment.

    Judgment keywords

    Keywords:

    breach; harassment; procedural flaw; right;



  • Judgment 3315


    117th Session, 2014
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks damages for the injury arising from breach of due process and institutional harassment.

    Judgment keywords

    Keywords:

    breach; due process; harassment;

    Consideration 26

    Extract:

    The complainant claims material damages but has adduced no evidence of actual injury as a result of an unlawful act in order to obtain such damages, notwithstanding that the events in question occurred some years before she filed her complaint. Accordingly, the Tribunal does not award material damages. There is no ground for the award of exemplary damages. However, the complainant is entitled to moral damages for the flagrant breach of due process, as well as for the institutional harassment which she sustained. These are grave violations, for which the complainant is accordingly awarded moral damages in the sum of 65,000 United States dollars. She is also awarded 3,000 dollars in costs.

    Keywords:

    breach; damages; due process; harassment;



  • 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.

    Judgment keywords

    Keywords:

    breach; equal treatment;

    Consideration 24

    Extract:

    "[B]y denying the complainants the status of non-locally recruited officials, whereas that status was granted to three officials reassigned to Addis Ababa in the same circumstances, the [Organization] breached the principle of equal treatment."

    Keywords:

    breach; equal treatment; reassignment; status of complainant;



  • Judgment 3289


    116th Session, 2014
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant received a written censure for failing to comply with the procedure of authorizing outside activities and remuneration.

    Consideration 5

    Extract:

    "[I]t is observed that there is no limitation period in relation to disciplinary proceedings in the Staff Regulations and Rules. The complainantís attempt to analogise from the Staff Rule concerning the recovery of an overpayment within one year is without merit. An overpayment is in no way analogous to misconduct. It is true that, if possible, an organisation should promptly take action when the possibility of misconduct on the part of a staff member comes to its attention. However, the complainantís assertion that an alleged violation of a Staff Rule, if considered serious, ďhas to be investigated promptly and at the latest one year after the Administration took notice thereofĒ has no foundation in law or in the Staff Regulations and Rules."

    Keywords:

    breach; disciplinary procedure; misconduct; organisation's duties; recovery of overpayment; staff regulations and rules;

    Judgment keywords

    Keywords:

    breach; censure; consultation; disciplinary measure; flaw; misconduct; outside activity; salary;



  • Judgment 3282


    116th Session, 2014
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenged the decision not to renew his contract based on an "overall assessment" that his performance was below the acceptable level.

    Judgment keywords

    Keywords:

    breach; compensation; contract; duty of care; flaw; material injury; moral injury; non-renewal of contract;



  • Judgment 3264


    116th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the decision not to renew her contract after an extension of her probationary period and is granted damages.

    Judgment keywords

    Keywords:

    breach; confidential evidence; decision; disclosure of evidence; discretion; due process; duty to inform; extension; general principle; good faith; judicial review; non-renewal of contract; organisation's duties; performance report; probation; procedural flaw; respect for dignity; right to reply; unsatisfactory service; work appraisal;

    Consideration 16

    Extract:

    The complainant sought the disclosure of the Reports Board's report.
    "In the absence of any reason in law for nondisclosure of the report, such non-disclosure constitutes a serious breach of the complainantís right to procedural fairness."

    Keywords:

    breach; confidential evidence; disclosure of evidence; due process; procedural flaw;



  • Judgment 3257


    116th Session, 2014
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenged the decision to offer him a one-year extension of his fixed-term contract rather than the two-year extensions he had previously received.

    Judgment keywords

    Keywords:

    breach; contract; decision; discretion; extension; fixed-term; offer; performance report; procedural flaw; staff regulations and rules; terms of appointment;



  • Judgment 3223


    115th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns a decision on which the Tribunal already ruled in Judgment 2881 and which is res judicata.

    Consideration 6

    Extract:

    "[T]he Tribunal considers that, by virtue of the adversarial principle, an employer organisation may not raise an objection to an internal appeal filed by a staff member unless that person is able to express his or her views on the merits of the objection. As the [organisation] points out, Staff Rule 11.1.1, paragraph 4, makes no provision for a staff member to file a rejoinder with the Appeal Board; however, nor does it rule out this possibility, and it does not therefore preclude the submission of a rejoinder by the person concerned in accordance with the requirements of the adversarial principle. [...]
    The internal appeal proceedings were [thus] tainted with a flaw which, contrary to the [organisation]ís submissions, cannot be redressed in proceedings before the Tribunal. In the particular circumstances of the case, the Tribunal will not, however, set aside the impugned decision, but it will grant the complainant compensation in the amount of 1,000 euros for the moral injury caused by this flaw."

    Reference(s)

    Organization rules reference: Paragraph 4 of ITU Staff Rule 11.1.1

    Keywords:

    adversarial proceedings; allowance; breach; compensation; complaint allowed in part; discretion; general principle; iloat; internal appeal; internal appeals body; moral injury; no provision; organisation's duties; procedural flaw; procedure; refusal; rejoinder; reply; request by a party; res judicata; right; right to reply; staff regulations and rules;



  • Judgment 3214


    115th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant unsuccessfully impugns the decision not to extend his appointment beyond retirement age.

    Consideration 14

    Extract:

    "According to the Tribunalís case law, an administrative authority, when dealing with a claim, must generally base itself on the provisions in force at the time it takes its decision, and not on those in force at the time the claim was submitted. Only where this approach is clearly excluded by the new provisions, or where it would result in a breach of the requirements of good faith, the non-retroactivity of administrative decisions and the protection of acquired rights, will the above rule not apply (see Judgments 2459, under 9, 2986, under 32, or 3034, under 33)."

    Reference(s)

    ILOAT Judgment(s): 2459, 2986, 3034

    Keywords:

    acquired right; applicable law; breach; date; decision; exception; general principle; good faith; non-retroactivity; patere legem; request by a party;



  • Judgment 3185


    114th Session, 2013
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges her performance evaluation report, alleging personal prejudice and discrimination on the part of her direct supervisor.

    Consideration 5(b)

    Extract:

    "In principle, a supervisor cannot be criticised for recording the mistakes and errors of a subordinate with a view to preparing that personís periodical performance evaluation, provided that the purpose of that action is, on the one hand, to ensure that the rating will be objective and, on the other hand, to increase the serviceís efficiency by improving the performance of the person concerned. In the instant case, however, it is plain from the evidence that this practice was consistently applied to the complainant in order to stigmatise her shortcomings. [...] Her [evaluation] report is thus tainted with a serious flaw which justifies that it be set aside".

    Keywords:

    breach; complaint allowed in part; condition; decision quashed; equal treatment; flaw; general principle; international civil servant; misconduct; organisation's interest; performance report; purpose; rating; supervisor; unsatisfactory service; work appraisal;



  • Judgment 3172


    114th Session, 2013
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the abolition of her post and the decision not to extend her appointment as procedurally flawed.

    Consideration 16

    Extract:

    "A decision taken for an improper purpose is an abuse of authority. It follows that when a complainant challenges a discretionary decision, he or she by necessary implication also challenges the validity of the reasons underpinning that decision. In this respect, the Tribunal may examine the circumstances surrounding the abolition of the post to determine whether the impugned decision was tainted by abuse of authority."

    Keywords:

    abolition of post; breach; competence of tribunal; complaint allowed; complaint allowed in part; decision; discretion; evidence; misuse of authority;

    Consideration 24

    Extract:

    "The Staff Regulations and Rules do not require the Joint Appeals Panel to explain why it considers a given document to be relevant. However, in this case, the Panel did explain both in its memorandum to the Administration and in its formal recommendation to the Executive Secretary that the requested documents were relevant to the disputed question of whether the decisions to abolish the complainantís post and not to extend her appointment were tainted by bias or some other legally vitiating factor. By refusing to proffer the documents, even though this did not prevent the Panel from continuing the appeal and issuing its recommendation, the Commission breached the principles of due process, entitling the complainant to moral damages."

    Keywords:

    breach; complaint allowed; complaint allowed in part; disclosure of evidence; due process; evidence; general principle; moral damages; moral injury; organisation's duties; procedural flaw;



  • Judgment 3162


    114th Session, 2013
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to terminate his appointment which, in his view, is flawed for breach of due process.

    Consideration 22

    Extract:

    "An allegation of dishonesty is an allegation of unsatisfactory conduct that may result in disciplinary action. As such, it must be dealt with in accordance with the organisationís prescribed procedures (see Judgment 1724, under 14). That was not done in this case. This failure deprived the complainant of an opportunity to defend himself against a serious allegation and reflects a serious breach of his right to due process. The breach is particularly egregious having regard to the complainantís work and the nature of the allegations."

    Reference(s)

    ILOAT Judgment(s): 1724

    Keywords:

    breach; complaint allowed; complaint allowed in part; disciplinary measure; due process; general principle; good faith; moral injury; organisation's duties; procedural flaw; procedure; right to reply; written rule;



  • Judgment 3160


    114th Session, 2013
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the Director-General's decision to reject his appeal concerning breaches of confidentiality.

    Considerations 11 and 15

    Extract:

    "This Tribunal has recognised staff membersí right to privacy. An example is found in Judgment 2271. [...]
    [T]he issue is whether there was a breach of privacy or confidentiality as a result of the disclosure to the Director of PSM/HRM of the fact that the complainant had made an Appendix D claim. The answer is readily found in Judgment 3004 at consideration 6. [...] The disclosure of the mere fact that the claim had been made involved a breach of confidentiality. Being in a similar situation, the complainant should be awarded 4,000 euros as moral damages for breach of confidentiality."

    Reference(s)

    ILOAT Judgment(s): 2271, 3004

    Keywords:

    breach; communication to third party; complaint allowed; complaint allowed in part; confidential evidence; lack of consent; moral damages; moral injury; organisation's duties;



  • Judgment 3157


    114th Session, 2013
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges the lawfulness of the selection process for a post for which he had unsuccessfully applied.

    Considerations 9 and 11

    Extract:

    "[H]aving regard to the submissions [...], the Tribunal notes that the complainant was excluded from the technical evaluation on the grounds that he did not possess all the required qualifications, but that the [three] candidates shortlisted [...] did not possess them either. [...] [T]he complainant received unequal treatment when the shortlist was established. As the selection process is tainted with a flaw, the impugned decision must be set aside and the disputed appointment must be cancelled [...]. The Organization must shield the successful candidate from any injury that might result from the cancellation of his appointment, which he accepted in good faith."

    Keywords:

    appointment; breach; candidate; competition; competition cancelled; complaint allowed; consequence; criteria; decision quashed; degree; equal treatment; good faith; grounds; internal competition; lack of injury; organisation's duties; procedural flaw; rejected permanently;



  • Judgment 3156


    114th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants, who are former staff representatives, unsuccessfully challenge decisions which, in their view, constituted violations of the right of staff representation.

    Consideration 16

    Extract:

    "Since organisations must prevent [any] abuse of the right of free speech [enjoyed by bodies representing the staff], the Tribunalís case law does not absolutely prohibit the putting in place of a mechanism for the prior authorisation of messages circulated by [such] bodies [...]. An organisation acts unlawfully only if the conditions for implementing this mechanism in practice lead to a breach of that right, for example by an unjustified refusal to circulate a particular message."

    Keywords:

    bias; breach; collective rights; condition; facilities; flaw; freedom of speech; judicial review; limits; organisation's interest; refusal; right; staff representative; staff union;



  • Judgment 3128


    113th Session, 2012
    Agency for International Trade Information and Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The complainant is [...] entitled to moral damages in the amount of 5,000 [Swiss] francs for the failure of the Executive Board to provide reasons for its decision to reject his appeal."

    Keywords:

    breach; compensation; complaint allowed in part; duty to substantiate decision; executive body; grounds; internal appeal; moral damages; moral injury; refusal;

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Last updated: 12.08.2019 ^ top