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

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Keywords: Flaw
Total judgments found: 238

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  • Judgment 542


    49th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The penalty imposed was justified, but the complainant's appointment was terminated "without warning of the action that might be taken against him, although it [was] never said that the matter was urgent. The general principle of lawis that an administration may not impose a penalty on anyone before giving him an opportunity to comment on the charges against him".

    Keywords:

    contract; flaw; general principle; misrepresentation; offer withdrawn; procedural flaw; right to reply;



  • Judgment 523


    49th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4-5

    Extract:

    The post was not abolished: the contract was unlawfully terminated. If the post had been abolished, abolition would have been an abuse of power. The device used would have deprived the complainant of the right given him by a staff rule to withhold his consent to an assignment to a station other than that for which he had been recruited.

    Keywords:

    abolition of post; amendment to the rules; duty station; flaw; general service category; misuse of authority; refusal; termination of employment; terms of appointment; transfer;



  • Judgment 505


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The complainant contends that her short-term appointments were tainted with irregularity on the grounds that her duties were of a lasting nature. The [organization] argues convincingly, however, that the duties attributed to the complainant [...] were of a kind normally performed by temporary staff. [...] The Appeals Committee was therefore right in rejecting the arguments she bases on the duration of her appointments. the tribunal need not consider the [organization's] contention that it enjoys complete discretion in giving short-term appointments to general service category staff."

    Keywords:

    contract; duration of appointment; flaw; post; short-term; successive contracts;



  • Judgment 496


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainants appealed to the internal board and then, without awaiting the outcome of the proceedings, to the Tribunal. By applying directly to the Tribunal "the complainants [...] obviously had no intention of abandoning their appeal; their wish was to expedite the hearing. As a matter of procedure they made a mistake in asking for the case to be withdrawn, but the situation was unprecedented and it was one to which the inactivity of the organization had contributed. A procedural error should not in this instance be held against the complainants."

    Keywords:

    administrative delay; direct appeal to tribunal; flaw; internal remedies exhausted; procedural flaw; receivability of the complaint;



  • Judgment 494


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9-10

    Extract:

    "There is no indication in the dossier that if the proper procedure had been observed before termination the complainant would have made use of it to change her attitude; and she has in fact declined reinstatement. She has not therefore shown any financial loss that she would not have incurred anyway. "It may well be that, as she alleges, 'because of the abrupt manner in which she was terminated, there has been speculation that she was engaged in some wrong doing.' She is entitled to a sum sufficient to mark the fact that her dismissal was illegal."

    Keywords:

    flaw; lack of injury; material injury; moral injury; offer; procedural flaw; refusal; reinstatement; termination of employment; transfer;



  • Judgment 487


    48th Session, 1982
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The organization's medical officer [...] who examined the complainant [...] delayed [...] reporting in writing to the personnel office and it is true that the administrative process is open to criticism on that account, even supposing that because of doubts over the case he decided [...] to telephone [...] the complainant's own doctor [...]. But the administrative delay does not in itself constitute a flaw which warrants quashing the decision."

    Keywords:

    administrative delay; flaw; lack of injury; medical consultant; medical opinion;



  • Judgment 483


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The internal appeals body did not respect the complainant's right to a hearing. In this case "not only has the complainant had every opportunity to state her case in these proceedings but the Tribunal will decide proprio motu the points on which the Appeals Committee heard evidence from the officials [without the parties' knowledge]. The flaw in the appeal proceedings is therefore of no consequence and is to be regarded as corrected by the present proceedings.

    Keywords:

    disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;



  • Judgment 476


    47th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The right to a hearing includes the opportunity to take part in the deposition of evidence. "The Appeals Committee ought to have summoned the complainant and a representative of the organization to attend when the expert witness gave evidence. [...] This flaw in the internal appeal proceeding had no effect, however." The expert witness expressed views solely on the nature of the complainant's former and new posts. This is a point which has been fully elucidated in the proceedings before the Tribunal. Neither the statements of the expert witness nor the conclusions of the Committee can therefore have any effect on the Tribunal's decision.

    Keywords:

    adversarial proceedings; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;



  • Judgment 474


    47th Session, 1982
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The Director-General's authority is not absolute. The Director-General seems to regard himself as entirely free to make what decisions he will and to believe "that he need not state the grounds for his decision either to the staff member or to the Tribunal. This view rests on an error of law [...] a decision [...] is in fact subject to review by the Tribunal. Although the Tribunal has only a limited power of review, it will so exercise it that the Director-General does not enjoy the unfettered authority he asserts. In assuming his decisions to be unchallengeable, the Director-General went beyond the limits of his discretionary authority, and this error of law alone affords grounds for allowing the complaint, at least in principle."

    Keywords:

    contract; discretion; duty to substantiate decision; fixed-term; flaw; grounds; judicial review; non-renewal of contract;



  • Judgment 470


    47th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "That a staff member should have been the subject of a flawed decision does not alone entitle him to compensation for moral prejudice. For that he must have suffered more severe prejudice than that normally caused by an improper decision." In this case the impugned decision "is unlikely to have had abnormal effects. In any event, insofar as it was based on lack of funds it was in no way humiliating. Moreover, the moral prejudice [...] has been mitigated by his appointment with the government".

    Keywords:

    condition; decision; flaw; moral injury;



  • Judgment 448


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

    Consideration 10

    Extract:

    "Because of the flaws in the decision [not to renew her contract] the Tribunal may either set it aside or award the complainant compensation. The former would mean reinstating her. From the written evidence it is clear that mutual trust between the complainant and the [Organization] has diminished to the point where it is unlikely that she can again be usefully employed. Her reinstatement is therefore inadvisable and the Tribunal will accordingly award compensation".

    Keywords:

    contract; fixed-term; flaw; material damages; non-renewal of contract; reinstatement;



  • Judgment 447


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

    Consideration 11

    Extract:

    "Where the impugned decision is not unlawful such compensation is due only in exceptional circumstances, viz. where the wrong is especially grave. On the other hand, where the decision is unlawful, the wrong need not be especially grave for an award of compensation for moral prejudice: it is enough for the Tribunal to find a serious wrong."

    Keywords:

    condition; decision; flaw; moral injury;



  • Judgment 446


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

    Consideration 3

    Extract:

    The absence of a reclassification plan, as provided for in the Staff Regulations, was not regarded by the internal appeals body as a lacuna nor did it prevent the Director-General from taking a decision on a request for a post reclassification. "If therefore there was a violation of the Regulations cited, it does not vitiate the decision impugned."

    Keywords:

    enforcement; flaw; lack of injury; post classification; provision; staff regulations and rules;



  • Judgment 442


    46th Session, 1981
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8(G)

    Extract:

    An application for review "will fail unless it relies on flaws which may have an effect on the Tribunal's decision."

    Reference(s)

    ILOAT Judgment(s): 404

    Keywords:

    application for review; condition; consequence; flaw; receivability of the complaint;



  • Judgment 421


    45th Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    the complainant contends that the recommendation on which the director acted was vitiated by prejudice against him. he mentions three points relating to his nationality and previous conduct. "there is no reason to think that any of these matters, if and insofar as they were known to the two members of the working party, influenced their conclusions in any way." the working party had been set up to advise the director-general on staff reductions. on the day of the meeting to consider the complainant's case, the working party consisted of only two members appointed by the administration.

    Keywords:

    bias; flaw; internal appeals body; lack of evidence; recommendation;



  • Judgment 410


    44th Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant was issued a reprimand without it being ascertained what explanation or excuse he might have to give. It is not possible to ignore the alleged misconduct of the Regional Director. "The Director-General must be allowed the widest possible discretion in deciding how to handle incidents of this sort. If he had decided against any formal disciplinary proceedings against either of the parties, his decision would have beyond criticism. But a decision to reprimand one party while leaving the case against the other unconsidered is open to question."

    Keywords:

    adversarial proceedings; censure; disciplinary measure; disciplinary procedure; flaw; right to reply;



  • Judgment 393


    43rd Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant requests the cancellation of procedures by which a candidate for the material post was selected and appointed. "The organization has acknowledged - and rightly so - that the procedures were irregular. Thus, insofar as the complainant wishes to have them cancelled, her complaint no longer has any foundation. She has now to co-operate fully with the organization in the review of the [...] classification of her post."

    Keywords:

    appointment; cause of action; competition; flaw; no cause of action; procedural flaw; settlement out of court;

    Consideration 2

    Extract:

    "It appears from the documents in the dossier that by being improperly rejected in the selection proceedings [for a competition] the complainant suffered, on that account and because of the hostility of [a superior], moral prejudice serious and specific enough to entitle her to damages."

    Keywords:

    bias; competition; flaw; injury; moral injury; supervisor;



  • Judgment 391


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainants argue that the staff union acted at variance with its own rules in proposing reductions in salary and in hours of work to prevent dismissals. They accuse it of having consulted the whole staff instead of just its members and maintain that there were irregularities in the voting. "The Tribunal is not competent to pass judgment on the activities of the staff union and the staff union bodies. The complainants' pleas are material only insofar as the organisation gave weight to the staff union's resolutions".

    Keywords:

    competence of tribunal; consultation; flaw; staff union;



  • Judgment 373


    42nd Session, 1979
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant is challenging both the decision to abolish her post rather than another comparable one and the decision to appoint someone else to the remaining post. The Board found no positive evidence of personal prejudice towards the complainant. Nor does the Tribunal. However the Board did call attention to certain aspects of the matter which in the opinion of the Tribunal require an explanation. No such explanation is contained in the dossier. "[I]n its absence the Tribunal feels bound to infer that in the taking of the decision [to transfer her] there was some error of fact or of law or that essential facts were not taken into consideration or that a clearly mistaken conclusion was drawn from the facts. Accordingly, the decision must be set aside."

    Keywords:

    abolition of post; bias; flaw; presumption; reassignment;

    Consideration 7

    Extract:

    The complainant was transferred improperly. "Positions which are graded at the same level may nevertheless differ considerably in status and prestige. The Tribunal agrees [...] that the complainant has lost the professional standing that the post of regional adviser gives. Moreover, the transfer was handled in such a way as to give the impression that she was being edged out of her position for reasons unstated; this must have caused her personal distress."

    Keywords:

    decision quashed; flaw; moral injury; professional injury; transfer;



  • Judgment 370


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "In the present instance [...] it was so obvious that no internal appeal would lie that the intermediary can hardly be blamed for not letting the appeals body itself declare the appeal irreceivable. In any case it would be unduly formalistic to quash the impugned decision because of a flaw which had no effect whatever on the proceedings or on the outcome of the case."

    Keywords:

    flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; receivability of the complaint;

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Last updated: 27.10.2020 ^ top