Complainant (56, 55, 71, 73, 74, 673, 57, 58, 60, 61, 62, 63, 64, 643, 682, 65, 66, 67, 68, 69, 75, 93, 534, 535, 659, 655, 704, 705, 59, 684, 698, 706, 760, 889, 758, 759,-666)
You searched for:
Keywords: Complainant
Total judgments found: 173
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Judgment 471
47th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
According to the applicable provision, "when the organization employs staff to produce works of scholarship, it holds all author's rights, including copyright and reproduction rights. [...] The text was written for the [organization] and at its request. The complainant received no special remuneration for the other manuals which he wrote, and which have been published. From that it is clear that he did not hold copyright."
Keywords:
complainant; proprietary rights; publication;
Judgment 469
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Expiry of contract on 30 November. The complainant was informed of the abolition of her post with effect from 1 February and the extension of her contract until 31 January. "The fixed term of the complainant's contract being for a year, when the last date [one month before the end of the contract, the time limit stipulated by the Regulations] passed without notification of non-renewal, the effect was to extend the appointment until 30 November [of the following year]. The notice to extend until 31 January [of that same year], which was never accepted by the complainant, was therefore ineffective, and her appointment was terminated prematurely by the abolition of her post."
Reference(s)
Organization rules reference: ARTICLE 1050.4 OF THE PAHO STAFF RULES
Keywords:
abolition of post; complainant; contract; extension of contract; fixed-term; non-renewal of contract; notice; refusal;
Judgment 465
47th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The organisation's offer to convert the complainant's fixed-term contract into a contract without limit of time was not arbitrary. It was evidence of the organisation's view "that it need no longer reconsider at regular intervals whether or not to employ him" and evidence therefore of its confidence in him. "Had he accepted [the organisation's] offer it could have got rid of him only if he had committed a disciplinary offence. He would have enjoyed greater employment stability and yet would still have had the right to terminate the contract at any time. His obligations [...] would [...] have been no greater."
Keywords:
amendment to the rules; complainant; contract; fixed-term; offer; organisation; permanent appointment; refusal; security of tenure;
Judgment 450
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The decision to transfer the complainant falls within the scope of the Director's discretionary authority and, in view of her shortcomings and strained relations with her supervisors, that decision does not appear to be flawed. Nor has any causal link been established between her trade union activities and the decision to transfer her. The circumstances which gave rise to the moral injury for which she claims compensation were ones that the complainant was at least in part responsible for. The organization may not therefore be held liable. The complaint is dismissed.
Keywords:
cause; complainant; moral injury; staff union activity; transfer;
Judgment 431
45th Session, 1980
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1-2
Extract:
The complainant requests the disclosure of documents, copies of which he appends to his rejoinder; the organisation accuses him of procuring the copies in breach of the rules and common practice and asks that the copies be expunged. Two of the documents relate to questions of law which the Tribunal will settle proprio motu and questions of fact which the Tribunal will settle on the strength of other evidence. In the light of the written evidence and what was said at the hearings, the Tribunal will not take account of the three documents.
Keywords:
complainant; confidential evidence; disclosure of evidence; request by a party;
Judgment 404
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The complainant objects to the organisation's refusal to disclose certain documents. But she fails to indicate what bearing the allegedly withheld documents may have had on the decisions she impugns, and her plea therefore fails."
Keywords:
complainant; decision; disclosure of evidence; effect; lack of injury; request by a party;
Consideration 12
Extract:
The complainant was aware of the existence and the conclusion of the report mentioned in the minutes. She should have asked for its disclosure shortly after learning of its existence and, if necessary, appealed to the Tribunal. "Being herself to blame for being ignorant of its contents, she cannot, long after it was written, argue on the grounds of such ignorance that all the decisions affecting her are null and void. Her attitude implies that she did not wish to consult the minute. In other words she surrendered her right to give her views."
Keywords:
complainant; disclosure of evidence; request by a party; time bar;
Judgment 402
43rd Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The employee does not have to show that he was being asked to do something foolhardy. It is unnecessary [...] to suggest [...] that the order to return to [the duty station] was irresponsible. It was not, except in the sense that it may be irresponsible to require a staff member to return to a high risk area without offering him full insurance cover. Certainly, it might be said to be irresponsible for a man with dependants [...] to go [...] without full insurance cover."
Keywords:
complainant; duty station; insurance; liability; organisation; special hazard;
Judgment 399
43rd Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Prima facie the complainant is entitled to have [the periodical appraisal report] for what he thinks it to be worth; a doubt thrown on its value is not a ground for denying it. Furthermore, its usefulness to the complainant is not to be judged exclusively by reference to the main purpose of the report as set out in Staff Rule 530."
Reference(s)
Organization rules reference: WHO STAFF RULE 530
Keywords:
complainant; performance report; right;
Judgment 388
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant died [...] after the complaint had been filed. His heirs have stated that they wish to pursue the proceedings in his place. The present judgment will therefore take effect for their benefit." The heirs are his wife, his infant children and the children by his first marriage.
Keywords:
case pending; complainant; consequence; death; effect; judgment of the tribunal; successor;
Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The complainants must "establish that they are entitled to enforce [the] agreements as a part of their contracts of employment over which alone the Tribunal has jurisdiction."
Keywords:
burden of proof; competence of tribunal; complainant; contract; elements; enforcement; staff union agreement; terms of appointment;
Judgment 379
42nd Session, 1979
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant requests compensation for missing documents. The Tribunal, without deciding on the receivability of the complaint or whether the organisation was at fault, notes that the organisation "has not caused him any material or moral prejudice entitling him to compensation. In any event, therefore, the complaint must be dismissed."
Keywords:
complainant; disclosure of evidence; lack of injury; personal file; request by a party;
Judgment 378
42nd Session, 1979
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Preamble; second paragraph
Extract:
The complainant died in an accident after filing suit. His family wished to pursue the proceedings and not withdraw suit.
Keywords:
case pending; complainant; consequence; death; ratione personae; successor;
Judgment 377
42nd Session, 1979
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Committee carried out a complete review of the complainant's case and thereby did what the Director-General asked it to do; it was empowered to dismiss as pointless or immaterial the complainant's applications for an inquiry and for the hearing of witnesses; its report answers all the arguments and adequately bears out its conclusions. There is no evidence of any procedural flaw.
Keywords:
complainant; inquiry; internal appeals body; investigation; oral proceedings; refusal; request by a party;
Judgment 365
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Although there have been no oral proceedings, there are no grounds for allowing the complainants' application for permission to submit a further memorandum. The complaints raise purely legal questions which can be settled on the basis of the written evidence alone. The complainants ought to have been aware of that, and in their original memoranda put forward all the pleas which they thought relevant to their case."
Keywords:
additional written submissions; complainant; refusal; tribunal;
Judgment 333
40th Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant has applied for postponement of consideration of the case by the Tribunal. Her application is not based on any relevant grounds and is disallowed.
Keywords:
complainant; judgment of the tribunal; remand; request by a party;
Judgment 330
39th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant seeks disclosure of "'documents in his file which may have prompted his exclusion'. [...] For want of clearer information the Tribunal supposes that the documents the complainant means are his performance reports, but since he himself signed them he must have been fully aware of their contents."
Keywords:
cause of action; complainant; disclosure of evidence; no cause of action; personal file; request by a party; vague claim;
Judgment 328
39th Session, 1977
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The facts as stated are consistent with the possibility that the complainants knew what they were doing and signed the [recruitment] form because they believed, probably correctly, that unless they did so they would not get the appointments they wanted. If this is so, it might be reprehensible conduct by the organization but it would not amount to concealment or to bad faith towards the complainants."
Keywords:
acceptance; complainant; good faith; local status; organisation; terms of appointment;
Judgment 325
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant refused two posts successively. The evidence shows that "he was consulted before any decision was taken. Such consultation was an essential formality, but in this case adequate. In particular, as appears from the [applicable] texts, the complainant did not have to give his prior consent."
Keywords:
complainant; consultation; organisation's duties; refusal; transfer;
Considerations
Extract:
The complainant refused two successive appointments. His appointment under a contract of indeterminate duration was terminated; "it appears from the documents in the dossier that the Director-General ordered the transfers in the interests of the organization and that the allegation of abuse of authority is not proved."
Keywords:
complainant; contract; organisation's interest; permanent appointment; refusal; termination of employment; transfer;
Judgment 324
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The Tribunal "cannot tell exactly what [was the nature of the computer operation] the complainant [carried out]. He has not produced any document [...] to shed light on the matter or any precise information on the nature of the charges against him. Since documents and explanations are lacking, the complainant's request for an expert inquiry should be dismissed."
Keywords:
complainant; disclosure of evidence; expert inquiry; no cause of action; refusal; request by a party; tribunal;
Judgment 315
39th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The clauses [of the letter of appointment] are clearly worded and formally establish that the salary stated in the contract was exclusive of any allowance, indemnity or additional sum of any kind. Hence the complainant may not claim a 'separation allowance' since none was provided for in his contract. In any case no such allowance existed at the time the contract was concluded."
Keywords:
allowance; complainant; contract; interpretation; right; salary;
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