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Flaw (557, 558, 559,-666)

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Keywords: Flaw
Total judgments found: 241

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  • Judgment 158


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The Headquarters appeals body found several irregularities in the procedure followed by the regional appeals body. These irregularities "do not affect the validity of the decision impugned which was taken by the Director-General on the completion of a regular form of procedure after exercising powers of investigation as broad as those of the Regional Director on the advice of a body which, like the Regional Board, had a joint composition.

    Keywords:

    field; flaw; internal appeal; internal appeals body; judicial review; lack of injury; procedure;



  • Judgment 149


    23rd Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant deplores delays in the internal procedure. "The sanction for the violation of [the provision on internal appeals] is contained in that rule itself: an official who receives no reply to his complaint before the prescribed deadline is entitled to appeal [...] the complainant exercised that right and therefore suffered no injury." The material delays are no proof of prejudice.

    Keywords:

    administrative delay; flaw; internal appeal; lack of injury; procedure;

    Consideration 2

    Extract:

    The appeals body which heard the persons closely concerned with the appeal, found that the increase had been withheld out of personal prejudice. Under the applicable provision, the body was competent "to find the existence of prejudice. the Director-General therefore committed an error of law in stating [...] that he could not endorse the recommendation of the Appeals Committee on this point simply on the ground that the committee was not competent to make such a recommendation."

    Keywords:

    bias; competence; complaint allowed; decision; decision quashed; enforcement; executive head; flaw; grounds; increment withheld; internal appeals body; recommendation; refusal; report; salary; step;



  • Judgment 138


    22nd Session, 1969
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The authority in this case has refused to look into the facts of [the complainant's] case because of the self-imposed rule on itself that the maintenance of two households can under no circumstances entitle an expatriate employee to an educational grant. This in the judgment of the Tribunal was an error of law which entailed the non-exercise of a discretion."

    Keywords:

    allowance; case sent back to organisation; decision quashed; education expenses; flaw; marital status; parents separated; refusal;



  • Judgment 136


    22nd Session, 1969
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant made accusations which led to an inquiry. When the decision not to renew his contract was taken, the results of the inquiry were not yet known. The accuser was judged before the accusations themselves. The decision is tainted by error and must be rescinded; "the organization must either renew the contract on equitable terms or pay to the complainant such compensation as is equitable".

    Keywords:

    complainant; contract; fixed-term; flaw; inquiry; misconduct; non-renewal of contract; organisation's duties;

    Consideration 3

    Extract:

    The suspension of the complainant was followed by an improper decision not to renew his contract. Having received his full salary, the complainant "has suffered no material damage, but he has suffered moral damage. He is entitled to equitable compensation for the distress caused by the manner of his treatment and for the injury done thereby to his reputation and to his prospects of obtaining other employment. The organization must therefore pay to the complainant equitable compensation in respect of the illegality of his suspension from duty".

    Keywords:

    complaint allowed; contract; decision quashed; fixed-term; flaw; injury; moral injury; non-renewal of contract; professional injury; suspension;

    Consideration 2

    Extract:

    "The organization seeks to justify the decision [not to renew contract] on the ground that the complainant, by making grave accusations against a colleague, had created a situation which made the smooth working of the [regional office] impossible [...]. The error which the Director-General made - an error which in the opinion of the Tribunal vitiates his decision not to renew the complainant's contract - is that he judged and condemned the accuser before the accusations had themselves been judged".

    Keywords:

    contract; fixed-term; flaw; non-renewal of contract; working relations;



  • Judgment 135


    22nd Session, 1969
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The refusal to grant a permanent post to the complainant was quashed because of legal error. The organisation again rejected the complainant's application. The complainant's claim for damages "is well founded only insofar as it rests on the prejudice arising out of the illegal decision [...] which lapsed on [...] which date the decision legally rejecting his application for a permanent post was issued." The Tribunal awards the complainant a sum in compensation, in particular, for the "prejudice caused to complainant by the state of uncertainty in which he found himself as a result of the rescinded decision."

    Keywords:

    amount; case sent back to organisation; complaint allowed; confirmation of appointment; confirmatory decision; decision; decision quashed; flaw; injury; mistake of law; moral damages; moral injury; refusal;



  • Judgment 133


    21st Session, 1969
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant objects to the organization's failure to disclose certain documents until after the internal appeals procedure was under way. "It has not been established that either of these documents in any way influenced the decision to terminate the complainant's appointment. The alleged delay in producing them did not therefore constitute a violation of his right to be heard."

    Keywords:

    administrative delay; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; organisation; right to reply;



  • Judgment 123


    20th Session, 1968
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    In approving the complainant's application for repatriation grant, the organisation misinterpreted the regulations. Its approval was conditional. The complainant had to prove that he had made definite travel arrangements, but did not do so. "[T]he [organisation] did not violate any law by withdrawing its approval, given in error, before any action had been taken upon it and before the stipulated proviso had been fulfilled, and without any costs having been incurred by the complainant."

    Keywords:

    acceptance; allowance; condition; flaw; mistake of law; travel expenses; withdrawal of decision;



  • Judgment 122


    20th Session, 1968
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    On The Substance

    Extract:

    The complainant was denied appointment to a permanent post because of objections expressed by a Member State aroused by the complainant's refusal to do his military service. The decision was tainted by an error of law; the organisation did not exercise its discretionary power. The decision is quashed and the case is referred back to the organisation "for a new decision to be taken, with reasons stated, on [the] complainant's request, after consideration of all the relevant circumstances of the case, including [the complainant's] professional qualifications [...] and disregarding the fact [...] that he is a persona non grata to one of the States members."

    Keywords:

    case sent back to organisation; complaint allowed; confirmation of appointment; contract; decision quashed; fixed-term; flaw; grounds; member state; military service; non-renewal of contract; permanent; persona non grata; refusal;



  • Judgment 121


    20th Session, 1968
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The organization has [...] committed a breach of contract by suspending the complainant otherwise than in accordance with the Staff Regulations. Since his emoluments have been fully paid, he has suffered no material damage, but he has suffered moral damage. He is entitled to compensation for the distress caused by the abrupt way in which he was treated, tantamount in its form to summary dismissal, and for the injury done to his reputation and to his prospects of obtaining other employment."

    Keywords:

    breach; complaint allowed; flaw; injury; moral damages; moral injury; professional injury; provision; respect for dignity; staff regulations and rules; summary dismissal; suspension;



  • Judgment 118


    19th Session, 1968
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The issue of a certificate containing a purely material error [involving a date], replaced by two regular certificates [one concerning employment and the other concerning the complainant's work] did not in any way prejudice the complainant's interest and therefore does not entitle him to compensation.

    Keywords:

    certificate of service; flaw; lack of injury;



  • Judgment 96


    16th Session, 1966
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    At the request of the complainant, who wished to go directly to the Tribunal, the procedure laid down under the applicable provision was not followed. "Even assuming that the conditions specified in [the provision] were not fulfilled and that no other basis could be found for the decision impugned, there could be no question of quashing that decision, but only of awarding [the complainant] compensation which, in the circumstances of the case, could not exceed the amount which the organisation has seen fit to award him ex gratia."

    Keywords:

    flaw; material damages; procedural flaw;



  • Judgment 92


    16th Session, 1966
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The organization transmitted to the complainant the findings of the internal appeals body, to the exclusion of its reasons. "As a result of the production of the full report during the present proceedings the complainant has been able to rely on it to submit any arguments which she considered suitable to support her claim. It follows that, while the right to be heard was ignored, at the administrative proceedings stage, this did not in fact affect the sense of the decision complained of and [...] does not involve the quashing of that decision."

    Keywords:

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



  • Judgment 78


    13th Session, 1964
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The powers of the Director-General as regards the staff association are governed by the organization's regulations. "None of these regulations empowers the Director-General to invalidate elections held [by the association] to form its executive committee on the ground that such elections were irregular [...]. Hence, by refusing to invalidate the elections [...] the Director-General, far from violating the Staff Regulations and Rules, applied them correctly."

    Keywords:

    application for quashing; competence; election; executive head; flaw; no provision; refusal; staff union;



  • Judgment 69


    12th Session, 1964
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The right to be heard was doubly ignored. The Regional Director terminated the appointment of the complainant without submitting to him a period evaluation report or affording him the opportunity of justifying himself. In the appeals proceedings, reports were produced the existence of which the complainant only became aware during the proceedings before the Tribunal and with regard to which he accordingly had not opportunity to state his case in time. The decision to terminate the appointment is quashed.

    Keywords:

    case sent back to organisation; decision quashed; disclosure of evidence; flaw; probation report; procedural flaw; right to reply;

    Consideration 4

    Extract:

    "Infringement of the right to be heard being sufficient to entail the quashing of the decision complained of, the Tribunal does not have to consider whether any other reason would also have justified this conclusion."

    Keywords:

    flaw; procedural flaw; right to reply;

    Consideration 2

    Extract:

    "By virtue of this right, before a decision to his detriment is taken, every official should have the opportunity of acquainting himself with the elements taken as the basis for this decision and of explaining himself with regard to them. It follows, in particular, that he cannot be the subject of a termination decision as long as he has not received the evaluation reports concerning him and has not been allowed the opportunity to dispute their contents. The principle stated, which applies even in the absence of express texts, is, moreover, embodied in the provisions of [the Staff Rules]."

    Keywords:

    consequence; flaw; performance report; probation; probation report; right to reply; termination; work appraisal;



  • Judgment 63


    11th Session, 1962
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The Tribunal is competent to pass judgment on the irregularities allegedly committed by the Appeals Board only to the extent that they might, "particularly by reason of their gravity, have affected the Director-General's decision." This is not a case in point: there was a hearing of both parties; the allegations made by complainant are without substance or relevance.

    Keywords:

    consequence; decision; flaw; internal appeal; internal appeals body; judicial review; lack of injury; procedural flaw;



  • Judgment 60


    10th Session, 1962
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration II 2 (C)

    Extract:

    The Tribunal holds that the organization made a mistake in placing the complainant, a budget clerk, in grade M.4. "In fact, the complainant belonged to grade M.5 [...]. Under the new classification plan [...], the complainant was [...] downgraded, and the effects of this change on her salary must be determined."

    Keywords:

    complaint allowed; consequence; downgrading; flaw; grade; post classification; reduction; salary;



  • Judgment 51


    8th Session, 1960
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Salary and non-resident's allowance cannot be assimilated in every respect. Salary is the remuneration received by an official for his work, that is to say in direct consideration of the service he has rendered. On the other hand [...] the non-resident's allowance has a different object. In consequence a salary increase cannot be set off against a reduction of the allowance."

    Keywords:

    allowance; compensatory measure; complaint allowed; flaw; increase; non-resident allowance; reduction; salary;



  • Judgment 32


    7th Session, 1958
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The decision of the Director-General to refuse an indeterminate appointment "is particularly serious because it deprives the official concerned of the possibility of making a career within the organization which a lengthy period of satisfactory service had entitled him legitimately to expect [...]. Therefore such a decision should be taken only while fully respecting the provisions of the [Regulations] in order to surround the free decision of the Director-General with the guarantees imposed in the interests both of the organization and of the official concerned."

    Keywords:

    career; contract; due process; flaw; legitimate expectation; organisation's interest; permanent; refusal; satisfactory service; staff member's interest;

    Considerations

    Extract:

    The irregularities indicated "resulted in depriving complainant of the opportunity of effectively discussing the appreciations made by his superiors, a fact aggravated by reason of the irregularities by which the procedure of the [Advisory] Committee was tainted, resulting in complainant being unable to avail himself of a procedure under which he might have been able to emphasise the qualities he claimed with a view to possibly obtaining an indeterminate appointment [...]. In this manner, the complainant was deprived of the possibility of having the decision taken modified, a possibility available to him under the Staff Regulations and Rules."

    Keywords:

    advisory body; complaint allowed; consultation; contract; due process; fixed-term; flaw; non-renewal of contract; permanent; procedural flaw; refusal; right to reply; work appraisal;

    Considerations

    Extract:

    The organization offered to submit the case of the complainant to a committee "since that committee had met in order to consider the case its recommendations should have been drawn up within the required conditions". Two of the members of the committee did not take part in all the meetings. One had not seen the report and another had signed a text which contained one of the recommendations" even in the absence of rules of procedure. These facts constitute serious irregularities surrounding the recommendations of the [...] committee."

    Keywords:

    advisory body; flaw; internal appeals body; no provision; procedural flaw; procedure;



  • Judgment 28


    6th Session, 1957
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration (A)

    Extract:

    "It is for the complainant to supply evidence of his allegations concerning the false and fraudulent character of these reports*; [...] in the absence of such evidence, all such allegations should be rejected."
    *three unanimous reports received by the Headquarters Administration.

    Keywords:

    burden of proof; complainant; flaw; lack of evidence; performance report; rebuttal;



  • Judgment 13


    4th Session, 1954
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    On The Substance

    Extract:

    The existence of a secret document vitiates the equitable application of the Regulations and affects both the interests of the staff as a whole and that of justice itself. "Vide, Judgment No. 15 of the United Nations Administrative Tribunal: 'the applicant cannot be penalised because certain information is considered by the respondent as confidential and the applicant has no opportunity either of knowing that the reason is or of challenging it."

    Keywords:

    case law; confidential evidence; disclosure of evidence; flaw; judgment of the tribunal; organisation; refusal; right to reply; unat;

    Considerations

    Extract:

    The Director-General based his decision on the provision empowering him to dismiss at any time a probationer whose services are deemed unsatisfactory on condition that the reasons for the decision be given in writing. The internal appeals body believed that the provision on the interests of the organization afforded a further possible justification for the measure. The director confirmed the decision. "At that stage [...] a change of grounds would have vitiated the procedure".

    Keywords:

    amendment to the rules; discretion; duty to substantiate decision; enforcement; flaw; grounds; organisation's interest; probation; procedural flaw; staff regulations and rules; termination; unsatisfactory service;

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Last updated: 19.09.2019 ^ top