Refusal (631,-666)
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Keywords: Refusal
Total judgments found: 229
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Judgment 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
In dismissing all the complainant's claims for relief, the Tribunal rejected by implication her claims for compensation for moral prejudice. It did not pass express comment on those claims nor state its reasons for dismissing them. This failure affords a valid ground for review.
Reference(s)
ILOAT Judgment(s): 404
Keywords:
admissible grounds for review; allowance; application for review; claim; grounds; moral injury; omission to rule on a claim; refusal;
Judgment 431
45th Session, 1980
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
When an organisation is considering whether or not to renew the contract of a government official of a Member State, it is reasonable that it should once again consult the Member State it consulted at the time of the initial appointment. It is conceivable that the mMmber State will wish to re-recruit its former official. Where sound reasons for opposition to the renewal are expressed or implied, the Director-General will go along with them. "But he may not forgo taking a decision in the organisation's interests for the sole purpose of satisfying a Member State."
Keywords:
consultation; contract; fixed-term; grounds; member state; non-renewal of contract; refusal;
Judgment 416
44th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant failed to meet the requirements for a vacant post and lacked the necessary qualifications for a further post. The decision of the Director-General not to reinstate(*) her "was therefore taken under the authority which [he] enjoys and is not tainted with any mistake of law or any other flaw."
(*) The complainant had taken leave "on personal grounds".
Keywords:
compassionate leave; judicial review; qualifications; refusal; reinstatement; special leave; vacancy;
Judgment 404
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organisation argues that the second decision under challenge merely upheld the former, that the time limit must therefore be calculated from the date of the first decision (3 October). "In fact the decision of 18 December does not merely confirm the earlier one: it rejects the complainant's application for referral of her case to the Joint Committee and thus bars resort to an internal means of redress. Whether the time limit should run from 3 October or 18 December is therefore a matter of some doubt. It may remain unsettled [...] since the complainant's pleas are manifestly without substance."
Keywords:
confirmatory decision; date of notification; decision; internal appeal; organisation; refusal; start of time limit;
Judgment 392
43rd Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Tribunal believes that there was no abandonment of post because the complainant challenged her assignment in the prescribed manner. The decision is therefore quashed. "To succeed in a claim for reinstatement or compensation, [the complainant] would have to satisfy the Tribunal that the assignment was in fact invalid; the Tribunal in its Judgment No. 375 has decided the contrary."
Reference(s)
ILOAT Judgment(s): 375
Keywords:
abandonment of post; assignment; procedure before the tribunal; refusal; transfer;
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 361
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"In a special application annexed to the rejoinder and made under Article 14 of the Rules of court the complainant has indicated the names and descriptions of 16 witnesses whom he desires to reply in writing to the questions he has framed; he has divided these names into three categories. The Tribunal refuses the application [...] for the reasons which will appear [in paragraphs 26 and 31 of the judgment] and [...] because the questions framed are not relevant to any issue which the Tribunal has to decide."
Reference(s)
ILOAT reference: ARTICLE 14 OF THE RULES
Keywords:
refusal; testimony; tribunal;
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;
Considerations
Extract:
"[T]he Director-General was entitled, by virtue of the texts [...] to terminate the appointment of the complainant, whose refusal on strictly personal grounds to take up posts to which he was assigned by the competent authority constituted a grave breach of duty."
Keywords:
refusal; serious misconduct; staff member's duties; 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 304
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The decision not to promote [...] falls within the Director-General's discretionary authority. Hence the Tribunal will interfere with that decision only if [...]."
Keywords:
discretion; executive head; judicial review; promotion; refusal;
Judgment 303
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 304, consideration 1.
Reference(s)
ILOAT Judgment(s): 304
Keywords:
discretion; executive head; judicial review; promotion; refusal;
Judgment 301
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 304, consideration 1.
Reference(s)
ILOAT Judgment(s): 304
Keywords:
discretion; executive head; judicial review; promotion; refusal;
Judgment 300
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 304, consideration 1.
Reference(s)
ILOAT Judgment(s): 304
Keywords:
discretion; executive head; judicial review; promotion; refusal;
Judgment 280
37th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"In the present case the Tribunal can exercise its power of review in the light of the documents produced in the proceedings. There is therefore no need to hear witnesses, as the complainant has asked."
Keywords:
oral proceedings; refusal; tribunal;
Judgment 278
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The complaints are seeking to have quashed decisions whereby the Administrative Council [...] refused to revise the application to them of the staff pension scheme [...]. Thus what are being impugned are individual decisions, even though they are based entirely on a decision of a general character affecting all staff members."
Keywords:
adjustment; application for quashing; competence of tribunal; decision; executive body; general decision; individual decision; pension; pension adjustment system; receivability of the complaint; refusal;
Judgment 267
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant maintains that the circumstances of his dismissal damaged his reputation. "There is nothing dishonourable about having to retire at the normal age stipulated in the Staff Regulations. Moreover [...] the organization gave him a written testimonial thanking him for his services over the past twenty-two years, and that served to remove - assuming it were necessary - the prejudice he has alleged."
Keywords:
age limit; contract; enforcement; extension beyond retirement age; fixed-term; lack of injury; non-renewal of contract; refusal; retirement; staff regulations and rules;
Judgment 263
35th Session, 1975
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In refusing to promote officials who had resigned the Director-General did not draw any clearly mistaken conclusion from the situation of such officials. Promotion may have two consequences: either a salary increase with new duties and greater responsibilities; or salary increase alone. "In the former case promotion would serve no purpose: the official who had resigned would remain for too short a time in the higher grade to which he had been promoted to perform the duties of the new post. In the latter case the decision not to promote the official is also warranted: [the] purpose [of promotion] is not merely to reward the official for past and present performance but also generally to encourage him to remain for a long period in the service of his employer."
Keywords:
consequence; organisation; promotion; purpose; refusal; resignation; separation from service;
Judgment 245
33rd Session, 1974
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
[T]he refusal of the complainant's request to extend his contract "deprives him of his pension entitlements. It therefore has substantial effects on the financial interests of a staff member whose services were consistently regarded by [the organisation] as satisfactory."
Keywords:
consequence; contract; extension of contract; fixed-term; non-renewal of contract; organisation's duties; participation; pension; refusal; unjspf;
Judgment 236
32nd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"It has for many years past been the practice of the Tribunal to allow oral proceedings only in exceptional cases [...] The argument which the complainant wishes to advance at an oral hearing [does] not touch upon the issue of receivability upon which [...] the Tribunal decides this case. The request is therefore refused."
Keywords:
exception; oral proceedings; refusal; tribunal;
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