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, 559,-666)

You searched for:
Keywords: Flaw
Total judgments found: 241

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



  • 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. "...in 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:

    complaint allowed; 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;



  • Judgment 361


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 29

    Extract:

    "[I]f an unexplained decision is also apparently inexplicable, silence will provide a foundation for an inference that there must have been at work in the decision making some element, such as prejudice or a conclusion falsely drawn, which would require the tribunal to interfere with the discretion. the tribunal considers that an unexplained decision to remove the complainant after 12 days from an assignment that was clearly intended to last until the new appointment might well justify such an inference [...]."

    Keywords:

    assignment; bias; decision; duty to substantiate decision; flaw; grounds;



  • Judgment 333


    40th Session, 1978
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The members of a committee set up to examine appeals against post grading decisions began their work and subsequently resigned. Instead of following the recommendations already made by the old committee, the Director-General set up a new one. He was therefore bound to start the proceedings all over again. To be lawful the new committee's recommendations could only be made after hearing the persons concerned. The Director-General's decisions based on unlawful recommendations are quashed. The case is "referred back to the Director-General for a new decision, to be taken after due consultation of the [...] grading appeals committee."

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; flaw; internal appeals body; organisation's duties; procedural flaw; procedure; recommendation;



  • Judgment 320


    39th Session, 1977
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "the starting point for any criticism of [the first level supervisor's] judgment is that he is unable to explain the discrepancy between it and all the complainant's previous appraisal reports except upon the hypothesis that the latter were all wrong. this is highly unlikely. they extended over eleven years and came from seven ... different representatives. ...his evaluation of the complainant's work cannot be regarded as unbiased."

    Keywords:

    bias; different appraisals; flaw; period; supervisor; work appraisal;

    Considerations 12, 13 and 17

    Extract:

    the complainant was denied confirmation of his appointment for unsatisfactory service. the regional director had nothing to say on the matter. had he examined the evidence, he would have observed that the performance appraisals were of questionable value. neither the evaluations of the complainant's first level supervisor (which diverged inexplicably from earlier reports), nor those of the chief of department (which merely echoed the supervisor's views) afforded a basis for the decision. as a result the director general's decision must be quashed.

    Keywords:

    complaint allowed; decision quashed; different appraisals; flaw; probation; probation report; reinstatement; satisfactory service; termination; unsatisfactory service; work appraisal;



  • Judgment 311


    38th Session, 1977
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The transfer decision was a preventive measure because a close dependence of one staff member on another was inadmissible between officials responsible for applying financial control "[T]he decision to transfer [the complainant] was made upon a hypothesis which never in fact matured [...] all the complainant did was, quite correctly, to ask the opinion of his superiors" upon what was a proposal [to open a joint bank account with a colleague] and to drop the matter when they expressed disapproval. "Hence it appears that that decision drew clearly mistaken conclusions from the facts and should therefore be quashed."

    Keywords:

    complaint allowed; decision quashed; flaw; grounds; mistaken conclusion; transfer;



  • Judgment 306


    38th Session, 1977
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "What makes it all the harder to account for such a difference in assessment within the space of ten months is that there is not a single document in the dossier which reveals the true reasons and no particular fact which explains why the assessment of the complainant was so utterly different." The Director-General's representative provided an explanation for the Tribunal. "[T]hat explanation of the impugned decision is belated and amounts to mere allegations which are not borne out by any document in the dossier." The non-renewal is quashed.

    Keywords:

    different appraisals; flaw; grounds; mistaken conclusion; work appraisal;



  • Judgment 263


    35th Session, 1975
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    the director-general may before taking decisions lay down rules for promotion which he notifies to the staff. in formulating the rules the director-general exercises real discretionary authority; accordingly, when the tribunal has to determine the validity of such rules its power of review takes the limited form already described.

    Keywords:

    discretion; flaw; judicial review; promotion; provision; staff regulations and rules;



  • Judgment 262


    35th Session, 1975
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    vide judgment 263, consideration 2.

    Keywords:

    discretion; flaw; judicial review; promotion; provision; staff regulations and rules;



  • Judgment 254


    34th Session, 1975
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    the complainant contends that his supervisor failed to discuss his conclusions with him as required by the applicable provision. "non-compliance with these requirements does not however ipso facto invalidate a report. in the present case it is clear from the facts in the dossier that discussion would have served no useful purpose."

    Keywords:

    flaw; lack of injury; organisation's duties; performance report; rebuttal; right to reply;



  • Judgment 247


    33rd Session, 1974
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    The Director General erred in law in treating the complainant's attitude towards an official as unsatisfactory service; he erred in law in concluding that at the material time, this official was the complainant's superior or supervisor; in concluding that the complainant was guilty of insubordination, he drew a clearly mistaken conclusion from the facts. "The decision [...] is quashed; the complainant [shall be] paid the increment due to him [...] with interest thereon at 6 per cent per annum."

    Keywords:

    amount; complaint allowed; conduct; decision quashed; flaw; increment withheld; insubordination; interest on damages; material damages; mistaken conclusion; supervisor; unsatisfactory service; working relations;



  • Judgment 232


    32nd Session, 1974
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "...since the complainant had let it be clearly understood that he would not attend the meeting and would be represented at it, the fact that he was not told of its exact date is immaterial to the propriety of the proceedings."

    Keywords:

    complainant; counsel; date; duty to inform; flaw; internal appeal; internal appeals body; procedural flaw; procedure; right to reply;



  • Judgment 226


    32nd Session, 1974
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "although the dossier as supplemented by the report on the inquiry reveals obvious animosity towards the complainant on the part of her immediate supervisor and the criticisms of her appear fairly mild, especially since she was a beginner, and cast no doubt whatever on her professional competence, it does not appear from the dossier that the impugned decision with regard to a probationer was tainted with any of the irregularities which entitle the tribunal to interfere."

    Reference(s)

    ILOAT Judgment(s): 194

    Keywords:

    bias; flaw; judicial review; probation; satisfactory service; supervisor;

    Considerations

    Extract:

    by judgment no. 194, the administrative tribunal quashed as being based on insufficient grounds the decision not to confirm the complainant's appointment. in execution of that judgment an ad hoc committee was set up to examine the case. in the light of the very full report of that committee, "the director-general took a considered decision in full knowledge of the facts. the organization has thus corrected the procedural irregularity which led to the quashing of the decision...".

    Reference(s)

    ILOAT Judgment(s): 194

    Keywords:

    case sent back to organisation; confirmatory decision; duty to substantiate decision; execution of judgment; flaw; formal flaw; judgment of the tribunal; probation; termination;



  • Judgment 211


    30th Session, 1973
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    the complainant seeks a new certificate consisting of accurate and unbiased assessments of his work and official conduct and taking account of his entire performance record. "the relief is granted only on the ground that the evaluation in the certificate is ... not based on the entire record. the certificate will be quashed in order that the director-general may, if the complainant so requests, issue a new certificate on the correct basis."

    Keywords:

    certificate of service; complaint allowed; decision quashed; flaw; period; work appraisal;



  • Judgment 208


    30th Session, 1973
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "the improprieties alleged by the complainant relate to posts put up for competition subsequently to his appointment, i.e. to procedures to which he was not a party. an official is not, however, entitled to complain of procedures in which he is not involved... in the present case the tribunal is not called upon to consider the allegation of improprieties of procedure."

    Keywords:

    cause of action; competition; flaw; lack of injury; no cause of action; procedural flaw;



  • Judgment 203


    30th Session, 1973
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Cases in which a disciplinary sanction imposed on a staff member appears out of all proportion to the objective and subjective circumstances in which the misbehaviour was committed should be assimilated to cases of error of law."

    Keywords:

    disciplinary measure; flaw; proportionality;

    Consideration 1

    Extract:

    the complainant "was not ... allowed to be present during the hearing of witnesses or to participate in the examination of the evidence. although the statements made by the witnesses were communicated to him he was not in a position, during the hearing, to rebut the charges against him, to put questions, or to ask for clarification." the right to be heard was not respected. the decision to terminate the complainant for serious misconduct is tainted by a procedural irregularity.

    Keywords:

    disclosure of evidence; flaw; procedural flaw; right to reply;

    Consideration 3

    Extract:

    "...the decision impugned [summary dismissal] is tainted by a procedural irregularity and by error of law, both of these being grounds requiring it to be quashed."

    Keywords:

    flaw; mistake of law; procedural flaw; serious misconduct; termination;



  • Judgment 193


    29th Session, 1972
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    None of the claims for compensation are sustainable "except as an element of damage flowing from some unlawful decision by the Director-General." In the present case, certain irregularities were committed and remedied; they were not of a character to invalidate the decision to transfer which the complainant did not contest at the time it was made. He also accepted a subsequent transfer. The complaint is dismissed.

    Keywords:

    acceptance; cause of action; flaw; lack of injury; no cause of action; purpose; transfer;



  • Judgment 181


    27th Session, 1971
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    if the time limit had expired, "the director-general could indeed have refused to consider the complainant's protest. however, the ruling given ... on his instructions makes no reference to the expiry of the time limit. failure to observe a time limit laid down by the [applicable provision] is not [a flaw] which can be pleaded at a later stage in the procedure."

    Keywords:

    flaw; internal appeal; mistaken hearing of merits; procedural flaw; time bar; time limit;



  • Judgment 175


    26th Session, 1971
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    the appeals committee, without giving any precise opinion on the points raised by complainant, merely proposed that he should be paid compensation, purely ex gratia. consequently, although the chairman of the advisory committee on compensation claims which examined the case before the director-general's first decision then sat as a member of the appeals committee, "this irregularity is not, in the circumstances of the case, such as to taint with illegality the director-general's ... decision."

    Keywords:

    advisory body; composition; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; same;

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


 
Last updated: 22.11.2019 ^ top