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

You searched for:
Keywords: Flaw
Total judgments found: 244

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

• 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 appointment; 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; consultation; contract; due process; fixed-term; flaw; non-renewal of contract; permanent appointment; 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 before the tribunal;
  

  
  
  

• 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; probationary period; procedural flaw; staff regulations and rules; termination of employment; 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:

  flaw; period; probation report; probationary period; reinstatement; termination of employment; unsatisfactory service;
  

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