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

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Keywords: Flaw
Total judgments found: 238

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  • Judgment 946


    65th Session, 1988
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4, 5 and 6

    Extract:

    "In this case the decision not to renew the complainant's appointment was tainted with several fatal flaws. First, the decision was not taken by the competent authority. [...] What was even more serious was the failure to inform the complainant of the reasons for the decision."

    Keywords:

    competence; contract; decision-maker; duty to substantiate decision; fixed-term; flaw; grounds; non-renewal of contract; right to reply;

    Consideration 8

    Extract:

    "Since the Director-General relied solely, in taking his final decision, on a recommendation that is tainted with mistakes of [fact], his decision too is flawed with the same mistakes."

    Keywords:

    consequence; decision; flaw; internal appeals body; mistake of fact; recommendation; same;



  • Judgment 942


    65th Session, 1988
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It is plain from the evidence now before the Tribunal that the transfer was flawed: first, no objective and impartial inquiry, such as the complainant had been asking for all along, had been carried out beforehand; and, secondly, there was breach of the duty any international organisation owes its staff to treat them with respect for their dignity and good name. The impugned decision must therefore be set aside."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE

    Keywords:

    complaint allowed; decision quashed; flaw; inquiry; moral injury; organisation's duties; professional injury; respect for dignity; transfer; working relations;



  • Judgment 939


    65th Session, 1988
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant was transferred without prior consultation of the Selection Board as required under Article 4.2(f) of the Staff Regulations. The Tribunal holds that the breach of procedure was minor, though it did cause the complainant injury. The Tribunal will therefore refrain from quashing the impugned decision and will order the organisation to pay the complainant damages and a further sum towards costs.

    Reference(s)

    Organization rules reference: ARTICLE 4.2 OF THE ILO STAFF REGULATIONS

    Keywords:

    consultation; costs; flaw; injury; material damages; organisation's duties; procedural flaw; selection board; transfer;



  • Judgment 936


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "The decisions determining the complainants' pay are [...] void because they rest on an invalid general decision of the Council's."

    Keywords:

    consequence; decision; decision quashed; executive body; flaw; general decision; individual decision; judicial review;



  • Judgment 932


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10 (C)

    Extract:

    "If in the original medical examination by the Committee, the doctors and the complainant had failed to understand each other, that would afford grounds for impugning the opinion. [...] The burden of proof is on the complainant to satisfy the Tribunal that the findings of the medical examination (which denied him sick-leave) [...] should be set aside because of language difficulties."

    Keywords:

    burden of proof; complainant; flaw; lack of evidence; medical board; medical opinion; refusal; sick leave;



  • Judgment 929


    65th Session, 1988
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    For several years the complainants have been trying to obtain review of the description and grading of their posts. Their claims have all been rejected. The Tribunal was satisfied that on the evidence the description of their duties was out of date. In the circumstances the organization committed a mistake of law by refusing to carry out the requested review.

    Keywords:

    amendment to the rules; complaint allowed; decision quashed; elements; flaw; judicial review; post classification; post description;



  • Judgment 927


    65th Session, 1988
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    Before the complainant's divorce during a period of trial separation, the organization discontinued payment of her family allowance and lowered the rate of her non-resident allowance. The Tribunal holds that "the temporary separation of the spouses prior to the decree of divorce, though authorised by a court order, was neither a 'legal' separation nor a 'similar legal situation' within the meaning of R IV 1.13 [of the Staff Rules and Regulations]. The trial separation is a preliminary to divorce required by law. It is limited in time and revocable. It has no effect on the marital status of the spouses, who may use it as they will. It is not in the same category as legal separation, which is a permanent solution." Since the organization made a mistake of law, the Director-General's decision must be set aside.

    Reference(s)

    Organization rules reference: ARTICLE R IV 1.13 OF CERN STAFF RULES

    Keywords:

    allowance; complaint allowed; consequence; decision quashed; domestic law; family allowance; flaw; interpretation; marital status; non-resident allowance;



  • Judgment 922


    65th Session, 1988
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Tribunal set aside the original dismissal and ordered review. Compliance with its ruling calls for more than a bald affirmation that there has been further inquiry. The complainant ought to have been received and given his say, and the decision he is now challenging ought to have set out the findings of the further inquiry. Such response to the Tribunal's ruling is cavalier and unacceptable."

    Keywords:

    case sent back to organisation; confirmatory decision; consequence; decision; flaw; organisation's duties; procedure before the tribunal; right to reply;



  • Judgment 918


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Provided a communication takes the form of a decision, its lawfulness is immaterial to the reckoning of the time limit: to hold otherwise would impair the stability of the parties' position in law, which is the purpose of the time limit."

    Keywords:

    consequence; decision; flaw; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;



  • Judgment 907


    64th Session, 1988
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "In Judgment 807 the Tribunal remanded the case for a new decision. It gave due instructions, observing that the complainant had not had the opportunity of answering the allegations about his work and the disruption of his section; it said that the organisation might resume the dismissal procedure on some other grounds provided for under the Staff Regulations. There were, quite plainly, supposed to be adversarial proceedings before the new decision was taken."

    Reference(s)

    ILOAT Judgment(s): 807

    Keywords:

    adversarial proceedings; case sent back to organisation; consequence; decision quashed; flaw; organisation's duties; right to reply; termination of employment;

    Consideration 4

    Extract:

    "The general rule is that no decision adverse to a staff member may be taken unless he has been made aware of the organisation's intention and been given an opportunity to state his case."

    Keywords:

    decision; duty to inform; flaw; general principle; right to reply;



  • Judgment 901


    64th Session, 1988
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant was on mission when he was terminated as persona non grata. "There was no objective report on this case. [...] All this makes it plain that summary termination under 11.4 [of the Staff Regulations] was in breach of the complainant's right of reply and cannot stand."

    Reference(s)

    Organization rules reference: ARTICLE 11.4 OF THE ILO STAFF REGULATIONS

    Keywords:

    complaint allowed; contract; field; fixed-term; flaw; persona non grata; procedural flaw; project personnel; right to reply; termination of employment;



  • Judgment 890


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant's appointment was confirmed only after an extension of his probation. Because he was not notified in time of the decision to extend the probationary period, the complainant seeks to have it set aside. "Where it finds a formal flaw, the Tribunal will determine whether it taints the essence of the decision. [...] Late communication therefore will not make the decision unlawful unless the probationer suffers injury. The complainant did not."

    Keywords:

    administrative delay; date; extension of contract; flaw; formal flaw; injury; lack of injury; probation report; probationary period; right to reply;



  • Judgment 888


    64th Session, 1988
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant was accused of submitting false certificates for sick leave and was dismissed for serious misconduct. He claims to have been unaware that the certificates were false at the time he presented them and that, while awaiting the outcome of the judicial inquiry underway, he should be presumed innocent. The complainant's dismissal was confirmed by the Chief of personnel. That decision was "defective in that it did not reply to the complainant's letter inviting the organization to wait for the outcome of the trial and did not require him to furnish his full defence. It was made without the complainant's having fully exercised his right to be heard." Because it is tainted with a procedural flaw, the decision is quashed and the Tribunal orders the complainant to be reinstated and awarded an amount equivalent to the pay which he lost between the date of dismissal and that of reinstatement.

    Keywords:

    amount; complaint allowed; decision quashed; flaw; material damages; medical certificate; misrepresentation; moral injury; procedural flaw; reinstatement; right to reply; serious misconduct; summary dismissal; termination of employment;



  • Judgment 857


    63rd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Some weeks before the expiry of her contract, the complainant had a heart attack. In accordance with the Staff Regulations, her appointment was extended on 1 September for the duration of her sick leave. After ascertaining that the complainant was fit to work, the FAO terminated her sick leave and, a few days later, her appointment. The complainant has failed to show any irregularity in the application by the Director-General of the rules on sick leave.

    Keywords:

    contract; extension of contract; fixed-term; flaw; illness; non-renewal of contract; sick leave;



  • Judgment 848


    63rd Session, 1987
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant stated on his employment application that he was of Chilean nationality. Learning that he didn't have a Chilean passport, the Director General imposed a written reprimand for serious misconduct. According to the Tribunal, "the Director General's decision that the complainant had not proved his Chilean nationality was based on an error of law and a failure to take essential facts into consideration. Therefore it cannot stand."

    Keywords:

    complaint allowed; decision quashed; disciplinary measure; disregard of essential fact; evidence; flaw; misrepresentation; nationality; serious misconduct; warning;



  • Judgment 845


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Even if an examiner appointed after 1 January 1981 had been promoted contrary to the rapid promotion rule in CA/20/80, that is no reason for unlawfully promoting the complainant. As the Tribunal stated in Judgment 614, a complainant may not rely on unlawful treatment which conferred benefit on other staff members: equality in law does not mean equality in the breach of it."

    Reference(s)

    ILOAT Judgment(s): 614

    Keywords:

    appointment; date; difference; effective date; equal treatment; exception; flaw; general principle; personal promotion; promotion;



  • Judgment 810


    61st Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The fact that only the chairman signed [the Appeal Board's report] is not in itself a flaw. It is not argued that the text fails to record the views of the majority of the Board."

    Keywords:

    flaw; formal flaw; formal requirements; internal appeals body; recommendation; report;



  • Judgment 809


    61st Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "The Director-General omitted to consult the Executive Board of Unesco before taking his decision, though Article 54 of the Board's Rules of procedure reads: 'The Director-General shall consult the members of the Executive Board with regard to the appointment or renewal of a contract of officials at D.1 and above whose posts come under the regular budget of the organization.'" The decision to appoint the complainant to an unclassified post is therefore tainted with a fatal flaw.

    Reference(s)

    Organization rules reference: ARTICLE 54 OF THE RULES OF PROCEDURE OF THE EXECUTIVE BOARD OF UNESCO

    Keywords:

    appointment; assignment; breach; complaint allowed; complaint allowed in part; consultation; executive body; executive head; extension of contract; flaw; organisation's duties; professional category; written rule;



  • Judgment 804


    61st Session, 1987
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "For want of other evidence the Tribunal cannot but conclude that the consultation required by the order [laying down the procedure to be followed when the reclassification of a post is requested] never took place. The requirement of an on-the-spot evaluation is not met by just taking note of the staff member's application: there must be a meeting and discussion with him on any points it may raise"

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; flaw; inquiry; post classification; procedural flaw; right to reply;



  • Judgment 767


    59th Session, 1986
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Precedent has it that one official may not rely on the unjust enrichment of another: equality in law does not embrace equality in the breach of it."

    Keywords:

    equal treatment; exception; flaw; general principle;

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Last updated: 12.08.2020 ^ top