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Flaw (557, 558, 559,-666)

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Keywords: Flaw
Total judgments found: 241

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  • Judgment 1527


    81st Session, 1996
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant is challenging the lawfulness of the appointment of another official, who was promoted without a competition to a post for which the complainant considered himself qualified. The Tribunal holds that the post should "have been properly advertised and a selection made by competition." Even though the other official "had been performing the duties for about a year on her own G.7 post of administrative assistant, she could have been appointed to the vacant post only after the prescribed procedure had been followed. the itu was not free to bypass the procedure by promoting her to P.3."

    Keywords:

    appointment; case sent back to organisation; competition; complaint allowed in part; decision quashed; flaw; procedural flaw; promotion; vacancy; vacancy notice;



  • Judgment 1525


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The Director-General took a premature decision not to renew the complainant's appointment. The Tribunal holds that "for want of a valid decision to terminate his appointment, the contract between the complainant and the organization is still in force and he is entitled to payment of salary and allowances as from the purported date of termination. UNESCO must also decide whether to reinstate him. In view of his seniority his appointment would not have been bound to end if due process had been observed. In deciding whether or not to renew his contract the organization must comply with any procedural and substantive rules that are material."

    Keywords:

    advisory body; advisory opinion; case sent back to organisation; complaint allowed; complaint allowed in part; consequence; contract; decision quashed; extension; flaw; non-renewal of contract; procedural flaw; reinstatement;



  • Judgment 1518


    81st Session, 1996
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 11 and 12

    Extract:

    The President's decision on the complainant's internal appeal was made on the strength of internal correspondence that the complainant had never seen and that the Appeals Committee had never considered. "That constituted a gross breach of due process." Because of the breach of Article 113(1) of the Staff Regulations on the procedure before the Appeals Committee the President's decision must be set aside.

    Reference(s)

    Organization rules reference: ARTICLE 113(1) OF EPO'S SERVICE REGULATIONS

    Keywords:

    breach; case sent back to organisation; consequence; decision; decision quashed; flaw; internal appeal; internal appeals body; procedural flaw; procedure; right to reply; staff regulations and rules;



  • Judgment 1477


    80th Session, 1996
    International Training Centre of the International Labour Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "As to the complainant's claim to token damages for moral injury this judgment affords a remedy for any such injury."

    Reference(s)

    ILOAT Judgment(s): 1359

    Keywords:

    case sent back to organisation; compensation; competition; competition cancelled; complaint allowed; complaint allowed in part; decision quashed; flaw; judgment of the tribunal; moral injury; procedural flaw;

    Consideration 10

    Extract:

    "When [a selection] process proves flawed the Tribunal will quash any decisions it engendered and order resumption with due heed to the rules, albeit on the understanding that the organisation must shield the successful candidate from any injury that else may flow from the quashing of an appointment accepted in good faith."

    Reference(s)

    ILOAT Judgment(s): 1359

    Keywords:

    appointment; case sent back to organisation; competition; competition cancelled; complaint allowed; complaint allowed in part; decision quashed; flaw; injury; procedural flaw; staff member's interest;

    Consideration 10

    Extract:

    "As the Tribunal held in Judgment 1359 [...], an organisation must be careful to abide by the rules on selection and appointment. When the process proves flawed the Tribunal will quash any decisions it engendered and order resumption with due heed to the rules".

    Reference(s)

    ILOAT Judgment(s): 1359

    Keywords:

    appointment; case law; case sent back to organisation; competition; competition cancelled; complaint allowed; complaint allowed in part; consequence; decision quashed; due process; flaw; procedural flaw; subsidiary;

    Consideration 7

    Extract:

    "It is plain from the whole process of selection that though the Committee did endorse the panel's report it had neither looked at the individual applications nor seen any of the candidates but had left all that to the panel. Though it is not unthinkable for a selection committee to set up a panel of people whom it believes to be better fitted to assess the technical qualifications of candidates, especially external ones, it may not delegate altogether its authority under the Staff Regulations. It must exercise its own authority and not delegate unless the rules say it may."

    Keywords:

    case sent back to organisation; competition; complaint allowed; complaint allowed in part; condition; decision quashed; delegated authority; flaw; procedural flaw; selection board; staff regulations and rules;

    Consideration 9

    Extract:

    "By letting [a special selection] panel draw up a short list and endorsing its conclusions without even seeing the candidates on that list or looking at their records the [Selection] Committee failed to observe its terms of reference under the Staff Regulations. [...] The process of selection was therefore unlawful".

    Keywords:

    case sent back to organisation; competition; competition cancelled; complaint allowed; complaint allowed in part; decision quashed; due process; flaw; procedural flaw; selection board; staff regulations and rules;



  • Judgment 1471


    80th Session, 1996
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The Tribunal holds that the process of appeal has [...] been set at nought because neither board of appeal had at its disposal the information necessary for consideration of the case. The proper procedure is to return the case to the Regional Board so that it may resume proceedings with the Selection Committee's full records at its disposal."

    Keywords:

    case sent back to organisation; complaint allowed; complaint allowed in part; decision quashed; flaw; internal appeal; internal appeals body; procedural flaw;



  • Judgment 1434


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The organization denied the Appeals Board access to information and documents that were given to the Selection Board. The Tribunal holds that the complainant "was denied due process in the internal appeal proceedings, and for that he was entitled to redress. the organization did not offer him any. The Tribunal will therefore award him 3,000 United States dollars in moral damages".

    Keywords:

    case sent back to organisation; compensation; complaint allowed; complaint allowed in part; confidential evidence; decision quashed; flaw; internal appeal; internal appeals body; moral damages; procedural flaw; selection board;



  • Judgment 1412


    78th Session, 1995
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant alleges that the procedure that led to his assignment on a career path was flawed inasmuch as the official who sign the decision, the Director-General, was also at the material time leader of the division that the complainant was working in. "It may be a pity that at two decisive stages in the procedure one and the same person was called upon to choose the complainant's career path; but the coincidence was due to a duplication of function which in itself was not wrong. Only if the Director-General's decision proved not to be impartial and objective would it be set aside."

    Keywords:

    assignment; bias; career; flaw; judicial review; procedure;



  • Judgment 1399


    78th Session, 1995
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "CERN's refusal to produce minutes of meetings of the Joint Advisory Appeals Board in no way impaired [the complainant's] interests insofar as the hearings were recorded on tape to which [the organization] has expressly allowed him access from the outset. [...] Even though such practice is not in line with Regulation R VI 1.09 the omission is not in the circumstances a serious one."

    Reference(s)

    Organization rules reference: CERN REGULATION R VI 1.09

    Keywords:

    cause of action; consequence; flaw; internal appeal; internal appeals body; practice; procedure; staff regulations and rules;



  • Judgment 1398


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    If the complainant succeeded in proving flaws in the procedure adopted by the Appeals Committee "they would indeed have been fatal and the EPO would, contrary to what it says, be liable."

    Keywords:

    effect; flaw; internal appeals body; liability; organisation; organisation's duties; procedural flaw;



  • Judgment 1395


    78th Session, 1995
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant was dismissed under Staff Rule 2.6.01 which says that "appointments shall terminate on account of [...] g) dismissal for specified reasons of unsuitability." The Tribunal holds that this means, "first that the reasons must be 'specified' in some form that enables the staff member to understand them clearly and, secondly, that the statement of them must be prior to the actual dismissal. It is, after all, a general principle of law that the staff member must be afforded a proper opportunity, again prior to dismissal, to answer any allegations of unsuitability."

    Reference(s)

    Organization rules reference: EMBL'S STAFF RULE 2.6.01

    Keywords:

    complaint allowed; decision quashed; due process; duty to substantiate decision; flaw; general principle; organisation's duties; reinstatement; right to reply; staff regulations and rules; termination; unsatisfactory service;



  • Judgment 1386


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 27

    Extract:

    The complainant was wrongfully dismissed following probation. The Tribunal holds that "in material damages the EPO shall pay him an amount equivalent to the emoluments he would have earned from the date of dismissal until the end of the month in which the Tribunal delivers the present judgment. Since he has convincingly shown that he has not been employed since the EPO dismissed him, the organisation may not subtract from that amount any indemnities or other earnings he may have received during that period."

    Keywords:

    compensation; complaint allowed; complaint allowed in part; decision quashed; flaw; material damages; material injury; probation; reckoning; termination;



  • Judgment 1384


    78th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    The complainant was accused of removing computer equipment from the work place. For that reason the organization did not renew his fixed-term contract. "There were many flaws in the procedure that the organization followed. It did not allow the complainant to be present when statements were taken from the witnesses or to question them. [...] Not only was he denied access to their statements but even their identity was concealed from him. [...] No verbatim record of the statements by the witnesses was ever produced." He never got to see the results of the investigation carried out into the matter and he was not given an opportunity to put forward any arguments in his favour. "The conclusion is that he was denied his right to defend himself before an adverse decision was taken [...]. The complainant's right of defence was seriously prejudiced."

    Keywords:

    complaint allowed; conduct; contract; decision quashed; due process; fixed-term; flaw; inquiry; misconduct; non-renewal of contract; procedural flaw; right to reply; serious misconduct;



  • Judgment 1383


    78th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 14 and 15

    Extract:

    The selection process for a vacancy that had been put up for competition was fatally flawed because the successful candidate did not meet the minimum requirements in the vacancy notice. The complainant "admits that she drafted the description to fit her own qualifications and experience [and that she was] endeavouring from the outset to pervert the process to secure her own appointment. [...] In the circumstances she is not entitled to any damages at all. [...] Accordingly, the Tribunal will [not] award the complainant damages for material or moral injury."

    Keywords:

    appointment; candidate; compensation; competition; complainant; flaw; good faith; material damages; moral damages; procedural flaw; refusal; right; vacancy notice;



  • Judgment 1380


    78th Session, 1995
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The complainant "did not suffer any injury which hampered her career and is therefore not entitled to any award of damages. The mere fact that a decision was initially flawed does not suffice to warrant awarding her damages for moral injury. The flaw was [later] corrected [...] to be entitled to moral damages she must show that she has suffered more severe injury than that which an improper decision ordinarily causes."

    Keywords:

    burden of proof; criteria; damages; decision; evidence; flaw; formal flaw; lack of evidence; lack of injury; moral injury; professional injury;



  • Judgment 1374


    77th Session, 1994
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The PAHO's applying the wrong criteria to determine the 'priority groups' flaws the reduction-in-force procedure because it means that the staff whose posts had been abolished were not put in the order of priority prescribed in the manual for retention."

    Keywords:

    abolition of post; complaint allowed; complaint allowed in part; criteria; decision quashed; due process; enforcement; flaw; priority; procedure; staff reduction; staff regulations and rules;

    Consideration 11

    Extract:

    "Even if the reduction-in-force procedure had been properly carried out the letters [which the PAHO sent the complainants] did not give valid notice of termination. They gave the complainants only just over one month's notice [...], not the three months to which they were entitled under Rule 1050.3. For that reason too the complainants' contracts must be deemed to have been extended by implication."

    Reference(s)

    Organization rules reference: PAHO STAFF RULE 1050.3

    Keywords:

    case sent back to organisation; complaint allowed; complaint allowed in part; contract; decision quashed; flaw; intervention; non-renewal of contract; notice; procedure; reinstatement; staff reduction; staff regulations and rules; time limit;

    Consideration 6

    Extract:

    According to the case law (see Judgments 469 and 1045) the reduction-in-force procedure "must be followed before, not after, notice of termination is given. In line with the rules and the case law, therefore, the notices of termination served on the complainants [...] were premature and so unlawful and without effect. For that reason [...] their contracts must be deemed to have been extended by implication."

    Reference(s)

    ILOAT Judgment(s): 469, 1045

    Keywords:

    case law; case sent back to organisation; complaint allowed; complaint allowed in part; contract; decision quashed; due process; flaw; non-renewal of contract; notice; procedure; reinstatement; staff reduction; staff regulations and rules;



  • Judgment 1372


    77th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "As the Tribunal held in Judgments 1177 [...], under 5, and 1323 [...], under 9, an item that forms part of the proceedings that led to the impugned decision may not be withheld from scrutiny by the Tribunal. That holds good for any appellate body. So the administration ought to have disclosed to the Regional Board the documents it required to enable it to take up the complainant's appeal properly."

    Reference(s)

    ILOAT Judgment(s): 1177, 1323

    Keywords:

    case law; complaint allowed; complaint allowed in part; confidential evidence; decision quashed; disclosure of evidence; flaw; internal appeal; internal appeals body; judicial review; moral injury; procedure;



  • Judgment 1371


    77th Session, 1994
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The ad hoc reduction-in-force committee has discretion to consider a candidate well-suited for work in a particular group "on the strength of his actual qualifications and experience. In this case the committee failed to exercise such discretion and so the reduction-in-force procedure has not been duly completed. It must therefore be restarted."

    Keywords:

    advisory body; candidate; case sent back to organisation; complaint allowed; complaint allowed in part; decision quashed; discretion; due process; flaw; procedure; professional category; staff reduction;

    Consideration 15

    Extract:

    "The complainant not having received any valid notice under Rule 1050.3, his contract was renewed by implication and remains in force."

    Reference(s)

    Organization rules reference: PAHO STAFF RULE 1050.3

    Keywords:

    complaint allowed; complaint allowed in part; contract; decision quashed; flaw; non-renewal of contract; notice; reinstatement; staff regulations and rules; termination;



  • Judgment 1370


    77th Session, 1994
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "Judgment 1317 [...] brought out the need for a properly functioning internal appeal procedure, of which the Appeal Board is an essential part. In this case the Board took far too long to report and failed to perform its function properly. Although in the circumstances the shortcomings of the appeal procedure may not be deemed to constitute bad faith, the ITU was negligent and caused the complainant injury. On that account it must afford him redress."

    Reference(s)

    ILOAT Judgment(s): 1317

    Keywords:

    case law; compensation; delay; flaw; good faith; injury; internal appeal; internal appeals body; moral damages; negligence; organisation's duties; procedure; report; staff member's interest;



  • Judgment 1368


    77th Session, 1994
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The plea of breach of acquired rights is receivable and in ruling on it the Tribunal may take into account any issues of fact it deems material." Citing Judgment 986 [...], the Tribunal holds that "an employee may properly plead a decline in his situation tantamount to impairment of the essential and fundamental terms of his employment, even if the decline has been gradual and due to an accumulation of decisions which are no longer open to challenge and none of which, taken singly, would have been declared unlawful."

    Reference(s)

    ILOAT Judgment(s): 986

    Keywords:

    acquired right; amendment to the rules; breach; case law; case sent back to organisation; complaint allowed; complaint allowed in part; cumulative decisions; decision quashed; flaw; judicial review; receivability of the complaint; terms of appointment;



  • Judgment 1365


    77th Session, 1994
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The organization submits that there was no point in resuming the process of appointment as ordered in Judgment 1272. "But there the organization shows misunderstanding about the effect of a judgment. The quashing of [Mr. X's] appointment [...] being res judicata, it had a duty under the judgment to resume the process from the date of the unlawful appointment, regardless of the new situation arising from the expiry of [Mr. X's] appointment and his assignment to [another] post [...]. The complainants are therefore right in contending that the organization was at fault in refusing to carry out the process properly."

    Reference(s)

    ILOAT Judgment(s): 1272

    Keywords:

    application for execution; breach; complaint allowed; complaint allowed in part; consequence; execution of judgment; flaw; judgment of the tribunal; material damages; organisation's duties; procedure; res judicata;

    Consideration 9

    Extract:

    The complainants seek the quashing of a decision in which the WTO refused to resume the appointment process as ordered in Judgment 1272. "Yet any satisfaction that the complainants might derive from resumption of the procedure would be merely formal [so] the Tribunal exercises the option that Article VIII of its Statute allows of not setting aside the [impugned] decisions."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE
    ILOAT Judgment(s): 1272

    Keywords:

    application for execution; breach; complaint allowed; complaint allowed in part; consequence; damages; execution of judgment; flaw; judgment of the tribunal; organisation's duties; procedure; res judicata;

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