ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword

Flaw (557, 558, 862, 559,-666)

You searched for:
Keywords: Flaw
Total judgments found: 244

1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 | next >

  • Judgment 4753


    137th Session, 2024
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to place on his personnel file a letter notifying him that he had committed serious misconduct for which he would have been summarily dismissed had he not separated from the IAEA, and to relevantly inform all affected individuals.

    Consideration 14

    Extract:

    The complainant has not established that the investigation and findings of the OIOS in relation to the group complaint against him were legally flawed. Accordingly, there is no basis for concluding that the decision to place the letter of 17 December 2020 on the complainant’s personnel file was infected by legal error. Consequentially, there is no basis for ordering that the letter be removed from the complainant’s personnel file.

    Keywords:

    administrative decision; flaw; investigation; mistake of law; order; personal file;

    Judgment keywords

    Keywords:

    administrative decision; complaint dismissed; flaw; identical facts; investigation; joinder; personal file;

    Consideration 8

    Extract:

    Ordinarily, a document addressing a staff member’s performance or conduct can, appropriately, be placed on the staff member’s personnel file. However, if the document is legally flawed, an order could be made requiring its removal (see, for example, Judgment 3997, consideration 8). In the present case, the letter of 17 December 2020 might arguably be legally flawed, if there was a flawed process of investigation.

    Reference(s)

    ILOAT Judgment(s): 3997

    Keywords:

    administrative decision; conduct; flaw; investigation; order; personal file;



  • Judgment 4580


    135th Session, 2023
    International Bureau of Weights and Measures
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the increase in their contributions to the Pension and Provident Fund such as it appears on their payslips for January 2021.

    Consideration 8

    Extract:

    Mais, si les conditions dans lesquelles il a été procédé au renouvellement du CIPM étaient ainsi incontestablement irrégulières, le Tribunal estime qu’il n’en résulte pas pour autant, compte tenu des observations qui précèdent, que cette irrégularité constituerait un vice substantiel justifiant que le Tribunal déclare illégales les décisions subséquentes édictées par ce comité. Cette conclusion s’impose d’autant plus que l’irrégularité en cause n’affecte en rien les droits des fonctionnaires de l’organisation, dans la mesure où le mode de renouvellement du CIPM est sans rapport avec les garanties dont ils jouissent.

    Keywords:

    flaw; formal flaw; procedural flaw;



  • Judgment 4531


    134th Session, 2022
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to separate her from service on 31 August 2018, being the date on which she reached her retirement age according to the Staff Rules then in force, as well as the decision not to approve an exceptional extension of her appointment beyond retirement age.

    Consideration 11

    Extract:

    [T]he failure of the Director-General to initially consider the extension request himself, was remedied by him doing so in the administrative review. An aspect of this is reflected in the Tribunal’s case law, which decides that the mere fact that a decision was initially flawed but was later corrected does not suffice to warrant awarding damages for moral injury (see Judgment 4156, consideration 5).

    Reference(s)

    ILOAT Judgment(s): 4156

    Keywords:

    administrative decision; flaw; moral damages;



  • Judgment 4469


    133rd Session, 2022
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges Eurocontrol’s decision to recover various sums which were allegedly unduly paid to him.

    Consideration 6

    Extract:

    The central issue in the dispute is therefore whether, as Eurocontrol argues with reference to the alternative condition laid down in the aforementioned Article 87, the fact of the contested overpayment was “patently such that the complainant could not have been unaware of it”.
    In this respect, it should be noted that the Tribunal, which has already ruled on the interpretation of this condition, held on that occasion that the condition should be regarded as having been satisfied if “the mistake affecting the amount of the [sums paid] was sufficiently obvious that, even without accurately gauging its significance and determining its causes, it could not have reasonably escaped the notice of a [...] staff member exercising ordinary diligence in the management of his personal affairs” (see Judgment 3201, consideration 14, in fine). The parties’ arguments in the present case will also be examined on the basis of this interpretation. Several elements in the file lead the Tribunal to consider that the condition in question was not satisfied in this case.

    Keywords:

    flaw; precedent; recovery of overpayment;



  • 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 13

    Extract:

    The Tribunal has stated that it is by no means abnormal that the investigations conducted with a view to ascertaining the truth of the statements contained in a complaint should be widened to encompass other similar behaviour on the part of the alleged harasser. It noted that it is in fact often the best means of corroborating the allegations of the complainant in an area where it may be impossible to produce material evidence. It has further stated that, more generally, the question whether or not harassment has occurred must be determined in the light of a careful examination of all the objective circumstances surrounding the events complained of by the alleged victim (see, for example, Judgments 3233, consideration 6, and 3640, consideration 14). The Tribunal notes that notwithstanding that Mr F.C. had testified that he sustained treatment that was similar to that which the complainant alleged at the hands of the DXD/MER, who was then his second-level supervisor, his testimony found no place in the IOS’s analysis.

    Reference(s)

    ILOAT Judgment(s): 3233, 3640

    Keywords:

    burden of proof; evidence; flaw; harassment; inquiry; investigation;



  • 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 8

    Extract:

    Where an investigation into a harassment complaint is found to be flawed, the Tribunal in principle remits the matter to the organization concerned so that a new investigation can be conducted. However, in this case, in view of the considerable delay occasioned by HRD and the JAAB, the Tribunal considers it appropriate not to remit the matter to the ILO.
    Since the complainant was denied the right to have his harassment grievance duly investigated, the Tribunal considers it fair to redress the moral injury so caused by ordering the Organization to pay him 15,000 Swiss francs in compensation.

    Keywords:

    flaw; harassment; inquiry; investigation; moral injury;



  • 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 8

    Extract:

    Where the investigation into a harassment complaint is found to be flawed, the Tribunal in principle remits the matter to the organization concerned so that a new investigation can be conducted. However, in this case, in view of the considerable delay occasioned by HRD and the JAAB, the Tribunal considers it appropriate not to remit the matter to the ILO.
    Since the complainant was denied the right to have her harassment grievance duly investigated, the Tribunal considers it fair to redress the moral injury so caused by ordering the Organization to pay her 15,000 Swiss francs in compensation.

    Keywords:

    flaw; harassment; inquiry; investigation; moral injury;



  • Judgment 4108


    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 8

    Extract:

    Where the investigation into a harassment complaint is found to be flawed, the Tribunal in principle remits the matter to the organization concerned so that a new investigation can be conducted. However, in this case, in view of the considerable delay occasioned by HRD and the JAAB, the Tribunal considers it appropriate not to remit the matter to the ILO.
    Since the complainant was denied the right to have her harassment grievance duly investigated, the Tribunal considers it fair to redress the moral injury so caused by ordering the Organization to pay her 15,000 Swiss francs in compensation.

    Keywords:

    flaw; harassment; inquiry; investigation; moral injury;



  • Judgment 3890


    124th Session, 2017
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to reject his internal appeal.

    Considerations 3-4

    Extract:

    In his submissions the complainant dwells at length on the issue of the composition of the Appeals Committee, which he considers was unlawful. In support of his arguments he refers to Judgment 3694, concerning his third complaint, in which the Tribunal found that the Appeals Committee was not properly composed. After the filing of the present complaint, the Tribunal delivered Judgment 3785, which is even more relevant to this case in view of the composition of the Appeals Committee that dealt with the underlying internal appeal. In light of these judgments, the complainant is correct in considering that the Appeals Committee which issued an opinion on his appeal was not composed properly, which renders the final decision of the Principal Director Human Resources based on that opinion unlawful.
    Ordinarily, this finding would lead the Tribunal to remit the matter to the EPO so that the complainant’s internal appeal could be examined by an Appeals Committee composed in accordance with the applicable rules. In this case, however, the Tribunal will not proceed in that manner. As the complaint is clearly devoid of merit, no useful purpose would be served by sending the case back to the EPO.

    Keywords:

    composition of the internal appeals body; flaw;



  • Judgment 3610


    121st Session, 2016
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former employee of the Global Fund, challenges her separation agreement, alleging irregularities and abuse of authority.

    Judgment keywords

    Keywords:

    abuse of power; complaint allowed; decision quashed; flaw; misuse of authority; termination of employment;



  • Judgment 3449


    119th Session, 2015
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal cancelled the disputed competitions because the ILO rendered the recruitments unlawful.

    Judgment keywords

    Keywords:

    cause of action of staff representative; competition; complaint allowed; decision quashed; flaw; joinder; selection procedure; staff representative; vacancy notice;

    Consideration 9

    Extract:

    "By adopting a procedure that could mislead potential applicants as to the nature of recruitment to the posts in question, the ILO rendered these recruitments unlawful."

    Keywords:

    competition; flaw; selection procedure;



  • Judgment 3422


    119th Session, 2015
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the Global Fund breached its duty of care towards the complainant and that his separation entitlements were not sufficient.

    Consideration 12

    Extract:

    [The complainant submits that] the composition of the selection panel was flawed. One member of the panel was a person who had been two levels below him in the administrative hierarchy and the complainant had sided with this person’s first level supervisor in not increasing her performance rating. She was thus, the complainant submits, “in a conflicted position”. The complainant also points to the fact that the majority of the members of the selection panel were more junior than him and not able to effectively evaluate his qualifications, experience and performance. Also, changes were made to the recruitment panel which he had not been afforded the opportunity to challenge. Several other specific complaints were made by the complainant about the selection process. However what the complainant singularly fails to do is demonstrate that it is probable some or a number of members
    of the selection panel were biased against him or that the panel or selection process was otherwise flawed.

    Keywords:

    bias; burden of proof; composition of the internal appeals body; flaw; selection board;



  • Judgment 3421


    119th Session, 2015
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges the rejection of his application in a selection process.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; flaw; selection board;



  • 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.

    Judgment keywords

    Keywords:

    breach; censure; complaint allowed; 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; complaint allowed; contract; decision quashed; duty of care; flaw; material injury; moral injury; non-renewal of contract;



  • Judgment 3266


    116th Session, 2014
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenged the decision not to promote him on the ground that the standard used was too demanding (exceptional performance).

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; flaw; promotion; recommendation;



  • Judgment 3260


    116th Session, 2014
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: After divorce proceedings with serious financial consequences, the complainant challenges the refusal to refer to the General Council of the WTO the issue of compatibility between the judgment of the Swiss Federal Court against him and certain provisions of the Headquarters Agreement and the Pension Plan Regulations.

    Considerations 19-20

    Extract:

    "[T]he Tribunal is not competent to examine whether the Swiss Civil Code or the Swiss Federal Court decision violates the Headquarters Agreement and cannot entertain challenges to the decision itself. [...] However, as found in Judgment 3020, the Tribunal can consider an organisation’s application of its own provisions [...]. The Tribunal can also, as stated in Judgment 3105, under 5, consider the [organisation]’s application of the Headquarters Agreement."

    Keywords:

    competence of tribunal; flaw; headquarters agreement; vested competence;



  • 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.

    Considerations 11 and 12

    Extract:

    "These facts were significant as they highlight the need for reasons in this case because these circumstances impacted the complainant’s ability to assess whether he should have accepted the offer of the one-year extension of his contract and whether he should challenge the decision.
    It is also significant that the complainant was reminded of the deadline [...], when he had not yet received the explanation. Additionally, it was in the letter [...], which included the explanation, that the Executive Secretary informed the complainant that his contract would expire [...] because he had failed to accept the offer of extension. The Tribunal therefore finds that the decision to offer the one-year extension to the complainant was flawed by the failure of the Administration to provide a timely explanation for that decision."

    Keywords:

    case law; contract; decision; duration of appointment; extension of contract; flaw; notice; offer; termination of employment;



  • Judgment 3252


    116th Session, 2014
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to extend her fixed-term contract for a period of one year instead of three years on the basis of an adverse evaluation report.

    Consideration 6

    Extract:

    "It is necessary to make clear that the Tribunal’s role is not to adjudicate on the question of whether assessments made in appraisal reports are correct or whether discretionary decisions to employ a staff member on a fixed-term contract for one or three years are correct. Discretionary decisions of these types, involving assessment and evaluation, are entrusted to the responsible officers of the international organisations within the Tribunal’s jurisdiction. These types of decisions can only be set aside if they involve some breach of a formal or procedural rule, there is a mistake of fact or law or some material has been overlooked, or a plainly mistaken conclusion has been drawn from the facts, or if there is a misuse of authority (see, for example, Judgment 3006, consideration 7)."

    Reference(s)

    ILOAT Judgment(s): 3006

    Keywords:

    admissible grounds for review; discretion; disregard of essential fact; fixed-term; flaw; formal flaw; grounds; judicial review; limits; mistake of fact; performance report; procedural flaw; rating; work appraisal;



  • Judgment 3242


    115th Session, 2013
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the investigation report made pursuant to her allegations of harassment on the ground that it was procedurally flawed.

    Judgment keywords

    Keywords:

    complaint dismissed; flaw; harassment; inquiry; investigation;

1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 | next >


 
Last updated: 07.03.2024 ^ top