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Flaw (557, 558, 559,-666)

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Keywords: Flaw
Total judgments found: 241

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  • Judgment 978


    66th Session, 1989
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    unesco staff rule 031.14 (b) (iii) formerly provided that "the non-resident's allowance shall not be paid, or shall cease to be paid, to a staff member [...] whose husband is a national of the country of the duty station" inasmuch as the word "husband" prevents the rule from applying to staff members whose wives are in the same situation, the provision is discriminatory and the impugned decision, which was based on the discriminatory provision, must therefore be quashed.

    Reference(s)

    Organization rules reference: FORMER UNESCO STAFF RULE 103.14 (B) (III)

    Keywords:

    amendment to the rules; complaint allowed; decision quashed; equal treatment; flaw; local status; marital status; non-local status; non-resident allowance; provision; sex discrimination; staff regulations and rules;

    Consideration 12

    Extract:

    "since the rule was unlawful it could never become lawful by lapse of time or by acquiescence and a claim could therefore never be barred. even though a claim to actual payment of the non-resident's allowance cannot succeed in these proceedings because of the complainant's failure to follow the proper internal procedure, the question of her entitlement to the allowance must be considered because of its bearing on the matter of the recurrent benefits."

    Keywords:

    allowance; continuing breach; flaw; non-resident allowance; provision; receivability of the complaint; right; time bar;



  • Judgment 972


    66th Session, 1989
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "The Secretary-General not only omitted to give due weight to the complainant's excellent record of service over a period of seven years, but also [...] overlooked essential facts. The five reasons stated are based on mistakes of fact which could have been put right if the Secretary-General had agreed to give him a hearing. In so holding the Tribunal is not interfering in the actual management of the organization. Because of those flaws his decision not to renew the complainant's appointment must be set aside."

    Keywords:

    complaint allowed; contract; decision quashed; disregard of essential fact; fixed-term; flaw; grounds; mistake of fact; non-renewal of contract; satisfactory service;



  • Judgment 955


    66th Session, 1989
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    the complainant's "argument that he was late in discovering that the decision had been unlawful is irrelevant: a time limit is a matter of objective fact and starts when the decision is notified. if that were not so - whatever considerations of equity there might be - there could be no certainty in legal relations between the parties, and such certainty is the whole point and purpose of time limits. an exception might be allowed only if the organisation had acted in bad faith and misled the official."

    Keywords:

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



  • 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 damages; 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 therefore 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 THE 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; 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;

    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;



  • 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; confirmation of appointment; date; extension; flaw; formal flaw; injury; lack of injury; probation; probation report; 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 damages; procedural flaw; reinstatement; right to reply; serious misconduct; summary dismissal; termination;



  • 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 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; 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 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;

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Last updated: 19.09.2019 ^ top