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Flaw (557, 558, 559,-666)

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Keywords: Flaw
Total judgments found: 241

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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 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; moral damages; 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; moral damages; 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; moral damages; moral injury;



  • 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:

    flaw; misuse of authority; termination;



  • 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; 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; 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:

    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; 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 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:

    decision; 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 and 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; flaw; notice; offer; termination;



  • 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:

    flaw; harassment; inquiry;



  • Judgment 3235


    115th Session, 2013
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant submits that the decision to terminate his contract on the basis of unsatisfactory service was flawed.

    Judgment keywords

    Keywords:

    flaw; termination; unsatisfactory service;



  • Judgment 3233


    115th Session, 2013
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contends that she was the victim of discrimination and harassment.

    Consideration 6

    Extract:

    "An unlawful decision or unsatisfactory conduct is not sufficient in itself to constitute harassment (see Judgment 2861, under 37). The question as to 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 (see Judgment 2553, under 6). There is no need to prove that the perpetrator of the acts in question intended to engage in harassment (see Judgment 2524, under 25), and the Tribunal’s case law has always required that an allegation of harassment must be borne out by specific acts, the burden of proof being on the person who pleads it, it being understood that an accumulation of events over time may be cited in support of such an allegation (see Judgment 2100, under 13)."

    Reference(s)

    ILOAT Judgment(s): 2100, 2524, 2553, 2861

    Keywords:

    burden of proof; conduct; definition; flaw; harassment; international civil servant;



  • Judgment 3219


    115th Session, 2013
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges his non-selection for a post, alleging that the selection process was flawed and unfair.

    Judgment keywords

    Keywords:

    competition; equal treatment; flaw; selection procedure;



  • Judgment 3212


    115th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her suspension, alleging that the mediation procedure was flawed.

    Judgment keywords

    Keywords:

    flaw; suspension;



  • Judgment 3206


    115th Session, 2013
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complaint, which aims at the cancellation of a contested appointment, is allowed.

    Consideration 16

    Extract:

    The complainant challenges the decision to appoint a colleague to a grade D-2 position through a direct recruitment procedure. The Tribunal finds that there was no valid reason to apply such a procedure. “The Director General was therefore right to conclude […] that [the] appointment […] was unlawful. However, he was mistaken in believing that this did not oblige him to withdraw that appointment. Since this unlawful decision was the subject of an internal appeal validly filed by another staff member who had cause of action, the Director General had no option but to withdraw it. [T]he fact that [the colleague in question] had left the Organization’s service in the meantime did not alter that duty […].”

    Keywords:

    appointment; cause of action; competition; flaw; internal appeal; selection procedure;



  • Judgment 3191


    114th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants successfully challenge a recruitment procedure which they considered as flawed.

    Consideration 8

    Extract:

    "The EPO’s position grounded on a distinction between an appointment and a promotion is fundamentally flawed. An appointment is simply the assignment of an individual to a particular position or post. A promotion is the assignment of an individual to a higher position or rank. The fact that a so called appointment process is used to make a selection or that the assignment is called an appointment does not exclude the fact that it may also be a promotion by virtue of the fact that it also involves the attainment of a higher position or rank or, in this context, grade."

    Keywords:

    appointment; competition; complaint allowed; complaint allowed in part; decision; decision quashed; executive head; flaw; promotion; promotion board; selection board; vacancy; vacancy notice;

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Last updated: 21.11.2019 ^ top