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Refusal (631,-666)

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Keywords: Refusal
Total judgments found: 231

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  • Judgment 3970


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to prolong his service beyond the mandatory retirement age.

    Considerations 13-14

    Extract:

    The complainant also claims compensation for the material injury arising from the fact that he was informed too late of the dismissal of his request for a prolongation of his service to be able to cancel in a timely fashion the lease on his accommodation and the related telephone and Internet subscriptions.
    It must be observed in this respect that the procedure for considering requests by members of boards of appeal for a prolongation of service prescribed by Communiqué No. 2/08 of 11 July 2008 does not specify an exact time limit in which the competent authority must decide on a request submitted to it. Moreover, since such a request can be granted only on the condition that a prolongation of service is in the interest of the service, a decision can logically be taken only on a date sufficiently close to that on which the employee concerned will reach normal retirement age for that authority to be in a position to make an informed assessment of the advisability of such a prolongation in the light of that criterion (see [...] Judgment 3214, under 16).
    Nevertheless, it is incumbent on the Organisation, in view of its duty of care towards its employees, to ensure that members of boards of appeal who submit requests for their service to be prolonged are informed of the outcome thereof sufficiently far in advance to enable them to make adequate arrangements for their personal lives after they attain normal retirement age.
    [...]
    In this case, the complainant was not informed of the rejection of his request until 21 October 2014, 40 days before he was retired on 30 November.
    The evidence makes it plain that this did not allow him to terminate the lease for his accommodation and the abovementioned subscriptions in a timely fashion. [...] The EPO will therefore be ordered to pay the complainant the sum, in the duly substantiated amount of 2,005 euros, which he claims as compensation for the material injury which he suffered under this head.

    Reference(s)

    ILOAT Judgment(s): 3214

    Keywords:

    age limit; delay; extension; material damages; refusal;

    Judgment keywords

    Keywords:

    age limit; extension; refusal;



  • Judgment 3293


    116th Session, 2014
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the amount of the reinstallation allowance which was granted to him.

    Judgment keywords

    Keywords:

    counterclaim; interpretation; refusal; repatriation allowance;



  • Judgment 3292


    116th Session, 2014
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision not to grant him a reinstallation allowance.

    Judgment keywords

    Keywords:

    counterclaim; interpretation; refusal; repatriation allowance;



  • Judgment 3287


    116th Session, 2014
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who reported his suspicions that someone was unlwafully accessing his professional email account, impugned the decision to deny him access to the investigation report.

    Considerations 15 and 16

    Extract:

    "The complainant cited one judgement of the United Nations Administrative Tribunal to support a request for the provision of documents in a broadly analogous situation [...]. However the complainant cited no judgment of the Tribunal or another international administrative tribunal that has held, in the face of a provision such as paragraph 10, that an organisation must or even should make available a report containing confidential information gathered from various sources during an investigation to a person who requested it even if that person is centrally involved in the investigation. Paragraphs 9 and 10 are fundamental to maintaining a system of internal investigation that is likely to be effective and reveal to the Administration the true position surrounding any particular issue or matter which is the subject of internal audit. It is true that there is a general trend in the case law of the Tribunal towards the production rather than non-disclosure of documents in an Administration’s possession which may bear upon a staff member’s position within the organisation (see, for example, Judgment 1756, consideration 10(b)). [...]
    [T]his case provides an example of where a specific provision effectively denying disclosure for the purposes of promoting confidential communications with an internal auditor should be maintained fully and given effect. [...] The complainant had no right to be provided with a copy of the IAOD report and accordingly there was no relevant delay for which he may be entitled to damages."

    Keywords:

    applicable law; confidential evidence; disclosure of evidence; refusal;



  • Judgment 3263


    116th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The application for execution of Judgment 3032 was dismissed by the Tribunal.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3032

    Keywords:

    competition cancelled; counterclaim; refusal;



  • Judgment 3246


    116th Session, 2014
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the complainant refused to undergo a new medical examination that the Tribunal had ordered. The Tribunal considered that it could not rule on the complaint which is thus dismissed.

    Consideration 2

    Extract:

    "The Tribunal finds that, as the complainant wilfully refused to undergo the specialised medical examination ordered in Judgment 3145, it is not in a position to rule on her complaint, which must therefore be dismissed."

    Reference(s)

    ILOAT Judgment(s): 3145

    Keywords:

    expert inquiry; medical examination; refusal;



  • Judgment 3223


    115th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns a decision on which the Tribunal already ruled in Judgment 2881 and which is res judicata.

    Consideration 6

    Extract:

    "[T]he Tribunal considers that, by virtue of the adversarial principle, an employer organisation may not raise an objection to an internal appeal filed by a staff member unless that person is able to express his or her views on the merits of the objection. As the [organisation] points out, Staff Rule 11.1.1, paragraph 4, makes no provision for a staff member to file a rejoinder with the Appeal Board; however, nor does it rule out this possibility, and it does not therefore preclude the submission of a rejoinder by the person concerned in accordance with the requirements of the adversarial principle. [...]
    The internal appeal proceedings were [thus] tainted with a flaw which, contrary to the [organisation]’s submissions, cannot be redressed in proceedings before the Tribunal. In the particular circumstances of the case, the Tribunal will not, however, set aside the impugned decision, but it will grant the complainant compensation in the amount of 1,000 euros for the moral injury caused by this flaw."

    Reference(s)

    Organization rules reference: Paragraph 4 of ITU Staff Rule 11.1.1

    Keywords:

    adversarial proceedings; allowance; breach; compensation; complaint allowed in part; discretion; general principle; iloat; internal appeal; internal appeals body; moral injury; no provision; organisation's duties; procedural flaw; procedure; refusal; rejoinder; reply; request by a party; res judicata; right; right to reply; staff regulations and rules;



  • Judgment 3214


    115th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant unsuccessfully impugns the decision not to extend his appointment beyond retirement age.

    Consideration 24

    Extract:

    The complainant, who requested the extension of his appointment beyond normal retirement age, takes the Organisation to task for not sending him the Selection Committee’s opinion or the minutes of its deliberations showing its proposal.
    "The Tribunal’s case law has it that, as a general rule, a staff member must have access to all evidence on which the competent authority bases its decisions concerning him or her, especially the opinion issued by such an advisory organ. A document of that nature may be withheld on grounds of confidentiality from a third person but not from the person concerned (see, for example, Judgments 2229, under 3(b), or 2700, under 6).
    [T]he Tribunal observes that the complainant does not say that he asked for the document in question. While the Organisation could not lawfully have refused to grant such a request, it was under no obligation to forward the document of its own accord (see Judgment 2944, under 42). The position would have been different only if – as is not the case here – the reasons given by the competent authority for its decision had been confined to a mere reference to the advisory body’s opinion."

    Reference(s)

    ILOAT Judgment(s): 2229, 2700, 2944

    Keywords:

    advisory body; advisory opinion; age limit; communication to third party; confidential evidence; decision; disclosure of evidence; discretion; duty to inform; exception; extension; general principle; grounds; international civil servant; organisation's duties; proposal; refusal; request by a party; retirement; right; selection board;



  • Judgment 3208


    115th Session, 2013
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the termination of his contract following the abolition of his post.

    Consideration 11

    Extract:

    "As the Tribunal has noted, the right to an internal appeal is a safeguard enjoyed by international civil servants (see Judgment 2781). If the ultimate decision-maker rejects the conclusions and recommendations of the internal appeal body, the decision-maker is obliged to provide adequate reasons (see Judgments 2278, 2355, 2699, 2807 and 3042). The value of the safeguard is significantly eroded if the ultimate decision-making authority can reject conclusions and recommendations of the internal appeal body without explaining why. If adequate reasons are not required, then room emerges for arbitrary, unprincipled or even irrational decision-making."

    Reference(s)

    ILOAT Judgment(s): 2278, 2355, 2699, 2781, 2807, 3042

    Keywords:

    bias; case law; complaint allowed; decision; duty to substantiate decision; executive head; grounds; internal appeal; internal appeals body; organisation's duties; purpose; recommendation; refusal; safeguard;



  • Judgment 3188


    114th Session, 2013
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions not to update her job description, not to select her for a G-6 position and her alleged subsequent demotion.

    Consideration 5

    Extract:

    "It is well settled in the Tribunal’s case law that a failure to respond to a legitimate request of a staff member within a reasonable time may be deemed to be a refusal of the request if the staff member elects to accept that refusal. Additionally, egregious delay in responding to a reasonable request may involve a breach of the obligation to deal with the staff member in good faith. In the present case, the failure of the IAEA to provide the complainant with an updated job description over several years involved a violation of her rights for which she is entitled to compensation."

    Keywords:

    compensation; complaint allowed; complaint allowed in part; good faith; moral injury; organisation's duties; refusal; request by a party; terms of appointment;



  • Judgment 3156


    114th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants, who are former staff representatives, unsuccessfully challenge decisions which, in their view, constituted violations of the right of staff representation.

    Consideration 16

    Extract:

    "Since organisations must prevent [any] abuse of the right of free speech [enjoyed by bodies representing the staff], the Tribunal’s case law does not absolutely prohibit the putting in place of a mechanism for the prior authorisation of messages circulated by [such] bodies [...]. An organisation acts unlawfully only if the conditions for implementing this mechanism in practice lead to a breach of that right, for example by an unjustified refusal to circulate a particular message."

    Keywords:

    bias; breach; collective rights; condition; facilities; flaw; freedom of speech; judicial review; limits; organisation's interest; refusal; right; staff representative; staff union;



  • Judgment 3130


    113th Session, 2012
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The complainant requests an award of 10,000 United States dollars for unreasonable delays in the internal appeal proceedings. The appeal before the Regional Board of Appeal lasted only nine months from the date of appeal [...] to the date of the decision by the Regional Director [...] to endorse the Board’s recommendation [...]. The complainant’s appeal before the [Headquarters Board of Appeal] lasted just over 13 months from the date of appeal [...] to the decision by the Director-General [...]. Considering that the two appeals took less than two years to complete, the complainant cannot be considered to have suffered from inordinate delays meriting an award of damages. This is especially true considering that the two tiered appeal process has provided him with greater protection of his rights as a staff member."

    Keywords:

    administrative delay; claim; compensation; complaint allowed in part; date; decision; executive head; internal appeal; international civil servant; material damages; reasonable time; recommendation; refusal; right;



  • Judgment 3128


    113th Session, 2012
    Agency for International Trade Information and Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The complainant is [...] entitled to moral damages in the amount of 5,000 [Swiss] francs for the failure of the Executive Board to provide reasons for its decision to reject his appeal."

    Keywords:

    breach; compensation; complaint allowed in part; duty to substantiate decision; executive body; grounds; internal appeal; moral damages; moral injury; refusal;



  • Judgment 3120


    113th Session, 2012
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6 & 7

    Extract:

    "The Tribunal is of the opinion that in principle, in the absence of specific rules or regulations governing the right of a staff member to access his or her own medical file, that right must be considered to comprehend the right to view and obtain copies of all records and notes in the file, and to add relevant notes to correct any part of the file considered wrong or incomplete. So stated, that right gives effect to the Organisation’s duty of transparency. [...] [I]t is clear from [Judgments 1684, 2045 and 2047] that, while there may be some cases in which it is not advisable to allow staff members to have full access to their medical file at a particular point in time (and the decision to deny access temporarily must be fully justified and reasonable), the right to transparency as well as the general principle of an individual’s right to access personal data concerning him or her mean that a staff member must be allowed full and unfettered access to his or her medical file and be provided with copies of the full file when requested (paying the associated costs as necessary). [...] It must be pointed out that the staff member’s right to add a note to his or her medical file with a view to correcting any aspect considered wrong or incomplete is consistent with the Organisation’s duty of transparency and with the right of that staff member to ensure the accuracy of his or her personal information."

    Reference(s)

    ILOAT Judgment(s): 1684, 2045, 2047

    Keywords:

    complaint allowed in part; date; duty to inform; duty to substantiate decision; exception; formal requirements; general principle; international civil servant; medical records; no provision; organisation's duties; refusal; right;



  • Judgment 3112


    113th Session, 2012
    International Institute for Democracy and Electoral Assistance
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant did not sign the offer of appointment within the time limit prescribed by the organisation.
    "As the complainant herself acknowledged, there were still unresolved issues that she wished to have settled before entering into a contract. Accordingly, it cannot be said that at that time there was any contractual relationship between the parties, let alone an employment relationship. As there was no employment relationship, the complainant was not an official of the organisation. It follows that the Tribunal is not competent to hear the complaint and that, therefore, it must be dismissed."

    Keywords:

    acceptance; competence of tribunal; complaint; contract; international civil servant; offer; offer withdrawn; refusal; status of complainant; terms of appointment; time limit;



  • Judgment 3053


    112th Session, 2012
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Ordinarily, if an internal appeals body wrongly declines jurisdiction, the decision to that effect will be set aside and remitted for further consideration in accordance with the relevant internal appeal procedures."

    Keywords:

    case sent back to organisation; competence; internal appeal; internal appeals body; refusal;



  • Judgment 3043


    111th Session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "[A]d personam promotion constitutes advancement on merit to reward an employee for services of a quality higher than that ordinarily expected of the holder of the post. In the absence of any provision to the contrary, it is an optional and exceptional discretionary measure which is subject to only limited review by the Tribunal (see Judgments 1500, under 4, and 1973, under 5). This kind of promotion should certainly not be granted as redress for an alleged injury, as the complainant requests. The advancement of an official naturally obeys its own logic related to the classification of the job done and the professional merit of the person in question, which has nothing to do with the logic behind compensation for injuries which may have been caused to this person by the international organisation employing him or her (see Judgment 2706, under 8)."

    Reference(s)

    ILOAT Judgment(s): 1500, 1973, 2706

    Keywords:

    claim; compensation; compensatory measure; definition; discretion; exception; injury; judicial review; limits; no provision; organisation; personal promotion; post; post classification; purpose; refusal; request by a party; satisfactory service; work appraisal;



  • Judgment 3020


    111th Session, 2011
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    WTO Staff Rule 106.11 provides that "[n]ational income tax on salaries, allowances, indemnities or grants paid by the WTO shall be refunded to the staff member by the WTO." The complainant considers that her salary is indirectly taxed, because it is included in the assessment of her husband's rate of income tax. The Organization rejected her claims for reimbursement of what she describes as "over-taxation by the Swiss tax authorities". The Tribunal holds that "[t]he refusal to provide compensation for the additional amount of tax unfairly levied on the couple's income solely because of the complainant's earned income, although it was exempt from taxation, would have a paradoxical effect. A rule designed to guarantee equal wages would lead to unjustifiable inequality between an official whose earned income was unduly taxed although it was by law exempt from taxation and an official whose tax-exempt salary was taken into account for assessment purposes, thus reducing his/her spouse's disposable income after tax and therefore his/her economic capacity from which the official living with him/her naturally benefits. The impugned decision is therefore unlawful."

    Reference(s)

    Organization rules reference: WTO Staff Rule 106.11

    Keywords:

    allowance; breach; compensatory allowance; complaint allowed; complaint allowed in part; decision quashed; deduction; domestic law; effect; equal treatment; grounds; international civil servant; marital status; organisation; payment; purpose; rate; reckoning; recovery of overpayment; reduction; refund; refusal; request by a party; safeguard; salary; staff regulations and rules; status of complainant; tax; written rule;



  • Judgment 2992


    110th Session, 2011
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The CDE requests that certain documents be removed from the file on the grounds that they are confidential and that the complainant obtained them unlawfully.
    "The Tribunal will not accede to the request for the removal of items of evidence, since the Centre has not proved that this request is justified by the protection of interests more worthy of protection that the complainant's interest in defending herself (see Judgment 2700, under 7)."

    Reference(s)

    ILOAT Judgment(s): 2700

    Keywords:

    claim; complaint allowed; complaint allowed in part; confidential evidence; discontinuance; flaw; lack of evidence; organisation; organisation's interest; refusal; staff member's interest;



  • Judgment 2985


    110th Session, 2011
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 29

    Extract:

    "The complainant has requested that the order to Eurocontrol to recalculate the pensionable years credited to him be accompanied by a penalty for default. In the absence of any grounds for doubting that the Agency will execute this judgment in good faith and with diligence, as is its duty since it has recognised the Tribunal's jurisdiction, there is no reason to order such a penalty."

    Keywords:

    claim; complaint allowed; complaint allowed in part; consequence; declaration of recognition; execution of judgment; good faith; judgment of the tribunal; lack of evidence; organisation's duties; refusal; request by a party;

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Last updated: 19.07.2019 ^ top