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Flaw (557, 558, 559,-666)

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Keywords: Flaw
Total judgments found: 241

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  • 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; 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;



  • Judgment 763


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "even if the decisions appointing the complainants were tainted with a formal flaw [...] the decisions were challengeable under the internal appeals procedure and before the tribunal. the formal flaws the complainants allege did not suspend the time limits".

    Keywords:

    appointment; flaw; formal flaw; internal appeal; new time limit; receivability of the complaint; time limit;



  • Judgment 761


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The refusal by the EPO to return the complainant's documents for the purpose of permitting him to take steps to perfect his claim for reimbursement is unfair and the complainant is entitled to relief on the ground that he was improperly prevented from having an opportunity of submitting the appropriate documents in support of his claim."

    Keywords:

    complaint allowed; disclosure of evidence; flaw; material damages; moral damages; organisation; refund; refusal; removal expenses; request by a party;



  • Judgment 675


    56th Session, 1985
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Having served the organization since 1969, the complainant was seconded for two years to the UNDP in 1980. In 1982 the organization decided not to extend the appointment or the secondment. The Tribunal holds that the organization committed an error of law by assuming that a fixed-term appointment expires automatically on the specified expiration date, and an abuse of power for having terminated the complainant without stating its reasons. The award of damages reflects the especially grave moral injury sustained by the complainant.

    Keywords:

    complaint allowed; contract; decision quashed; discretion; duty to substantiate decision; fixed-term; flaw; legitimate expectation; misuse of authority; moral damages; moral injury; non-renewal of contract; secondment;



  • Judgment 666


    56th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "no one may plead breach of the principle of equality on the grounds that he has not received a benefit unlawfully conferred on others. [the complainant] is [...] mistaken in alleging that such breach entitles him to payment of an allowance which was wrongly paid to others."

    Keywords:

    equal treatment; exception; flaw; general principle;



  • Judgment 665


    56th Session, 1985
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The reason given for non-renewal of the complainant's contract was unsatisfactory performance. The evaluation report for 1981 was signed long after the time limit laid down in the Staff Rules. Only a few weeks elapsed between the completion of the 1981 report and the processing of the 1982 report. As a result, the impugned decision took no account of the fact that between the complainant's two last performance reports he was not given time to add his objections or to show he could come up to expectation. The decision overlooked an essential fact and drew clearly mistaken conclusions from the evidence. The complainant is entitled to damages.

    Keywords:

    administrative delay; complaint allowed; contract; disregard of essential fact; fixed-term; flaw; material damages; mistaken conclusion; moral damages; non-renewal of contract; performance report; right to reply; time limit; unsatisfactory service;



  • Judgment 647


    55th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "even if the letter [...] had been written without authority, the decision therein would not cease to exist on that account. [...] provided a communication takes the form of a decision its lawfulness is immaterial to the reckoning of the time limit for lodging an appeal. to hold otherwise would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of a time limit."

    Keywords:

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



  • Judgment 641


    54th Session, 1984
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    for health reasons the official's workload was supposed to be reduced. in reality, he made up for sick leave of two afternoons a week by working two mornings a week overtime. "such an arrangement was obviously improper. [...] it is quite wrong for an employer [...] to allow such arrangements with a staff member whom it recognises as being on sick leave yet who, from a sense of professional responsibility or for some other reason, volunteers to do more work than he is authorised to do. the [organization] was therefore at fault and the question of its liability does arise."

    Keywords:

    compensatory measure; flaw; health reasons; liability; organisation; overtime; part-time employment; sick leave;



  • Judgment 620


    53rd Session, 1984
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    the internal proceedings began on 30 september 1974 and ended on 8 april 1983. the original decision was not taken until 8 september 1976. two years passed before the medical experts delivered their findings. still more time elapsed before the advisory committee and the appeals committee made their recommendations. "this is no ordinary lapse of time. [...] the delay was largely the fao's own fault. that is not, however, a decisive point since there is no evidence to suggest that the medical experts' findings would, if delivered earlier, have been any different."

    Keywords:

    administrative delay; flaw; procedure;

    Consideration 4

    Extract:

    "the complainant submits that the experts ought to have consulted each other, not just in writing and by telephone but by meeting together. the argument is a sound one. the arrangements they made were indeed open to criticism. whatever the fao may say, traffic congestion [...] was not a valid reason for their not meeting to discuss a case which deserved more respectful consideration than they gave it. there is no certainty that their views would have been any different had they held a meeting. but it is possible that they would, and the complainant is right to advance the plea in support of his claim for damages."

    Keywords:

    damages; flaw; medical board; medical examination; procedural flaw;



  • Judgment 614


    53rd Session, 1984
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "there are three hypotheses. the first is that the complainant was treated unlawfully, and if so the tribunal need only declare that he was and need not rule on the allegation of unequal treatment. the second is that the complainant was treated lawfully and the other staff member unlawfully. in that case the complainant may not rely on unlawful treatment which conferred benefit on the other staff member; equality in law does not mean equality in the breach of it. the third hypothesis is that both of them were treated lawfully. if there was inequality in the treatment they received it arose in circumstances which allowed the exercise of discretion and in which the tribunal has no power of review."

    Reference(s)

    ILOAT Judgment(s): 564, 565

    Keywords:

    equal treatment; exception; flaw; general principle;



  • Judgment 612


    53rd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant's submission of an internal appeal was time-barred; for not having correctly followed the internal procedure, her complaint is irreceivable. the discovery of an allegedly unlawful decision does not affect the time limit for internal appeal. the only exception is where the organisation has misled the complainant in breach of good faith.

    Keywords:

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



  • Judgment 611


    53rd Session, 1984
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    there is no need to determine whether the refusal to allow the complainant to file a second rejoinder during the internal proceedings violated his right to a fair hearing. "any defect there was must be deemed to have been removed by the present proceedings before the tribunal. [...] since the complainant is free to comment on any such issue before the tribunal he has had sufficient opportunity to put his case properly, even if the appeals board did not fully respect his rights as a party."

    Keywords:

    flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;



  • Judgment 603


    52nd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    the complainant's "later discovery that the administration's decision might have been unlawful does not affect the time limit, which is an objective matter of fact and starts on the date on which the impugned decision was notified. any other conclusion, even if founded on considerations of equity, would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of setting a time limit. the only exception is where the organisation has misled the complainant and is therefore in breach of good faith."

    Keywords:

    consequence; date of notification; decision; exception; flaw; good faith; internal appeal; start of time limit; time bar; time limit;



  • Judgment 602


    52nd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    vide judgment 603, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 603

    Keywords:

    consequence; date of notification; decision; exception; flaw; good faith; internal appeal; start of time limit; time bar; time limit;



  • Judgment 598


    52nd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Military and technical co-operation service cannot be assimilated. [...] When the council decided to discount military service in reckoning professional experience, it meant and indeed could only mean military service as such. The President therefore erred in law in founding his decision on an assimilation of military and technical co-operation service."

    Keywords:

    case sent back to organisation; complaint allowed; cooperation service; decision quashed; difference; flaw; military service; professional experience; reckoning;



  • Judgment 597


    52nd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    See Judgment 598, consideration 5.

    Reference(s)

    ILOAT Judgment(s): 598

    Keywords:

    case sent back to organisation; complaint allowed; cooperation service; decision quashed; difference; flaw; military service; professional experience; reckoning;



  • Judgment 591


    51st Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant's post was left at the same level. in deciding this, the director erred in principle: in the absence of criteria, he should have remitted the request to the appropriate unit for reconsideration after himself providing clear parameters. the international civil service commission has established a job classification system. the organization has completed post descriptions in accordance with that system. three-and-a-half months after the impugned decision, the complainant's occupational group was classified using the icsc system. the complainant is referred to the organization for a new assessment of his post on the basis of the icsc system.

    Keywords:

    case sent back to organisation; complaint allowed; criteria; decision quashed; enforcement; flaw; icsc decision; no provision; post classification;



  • Judgment 565


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant has been working in the organisation for 20 years. His advancements in grade have been due either to a reorganisation or to review of his duties. He has sought, in vain, a more senior post. Younger officials have reached higher grades. He has never been awarded a special salary increment. "Accordingly, life being what it is, even though he has misconstrued the reasons for the irregularities in his [performance report], he was particularly affected by them. For the moral injury he has suffered he is entitled to compensation".

    Keywords:

    administrative delay; complaint allowed in part; flaw; injury; moral damages; moral injury; performance report;

    Consideration 8 (A)

    Extract:

    "there are no grounds for supposing that if the report had been made properly the complainant would have derived financial benefit from appointment to a higher post." since the start of his career, the complainant has entered competitions, with comparable performance reports, and been unsuccessful on every occasion. it is unlikely that he would have fared better in the most recent competition if he had properly been able to refer to the report. no material injury.

    Keywords:

    administrative delay; flaw; material injury; performance report;

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