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

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Keywords: Flaw
Total judgments found: 242

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  • 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; probationary period; procedural flaw; staff regulations and rules; termination; unsatisfactory service;



  • Judgment 10


    2nd Session, 1951
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7, 2(c) & (d); Decision

    Extract:

    The probation report only covered a two-month period and "can in no way be regarded as showing an effective and reasonable appreciation of official duties spread over a six months' period of service - an appreciation to which the probationer official was entitled by the very fact of the corresponding prolongation of the probationary period which had been imposed upon her and which she had accepted; it is [...] this report tainted by irregularities which, undeniably, exercised a determining influence on the whole of the subsequent procedure, including the decision" to dismiss her. The Tribunal annuls the decision impugned and "orders the reinstatement of the Complainant as a probationer official in the position she occupied at the moment that decision was taken".

    Keywords:

    complaint allowed; decision quashed; flaw; period; probation report; probationary period; reinstatement; termination; unsatisfactory service;

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