Refusal (631,-666)
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Keywords: Refusal
Total judgments found: 229
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Judgment 852
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Faced with the administration's failure to take action on the basis of the Appeals Committee's report, the complainant filed a complaint within the three-month time limit set by Article VII of the Statute of the Tribunal. The final decision was later taken, after the expiry of the time limits in the Service Regulations. It follows that the organisation's objections to receivability must be dismissed. The proceedings shall resume on the merits.
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
case pending; case sent back to organisation; decision; failure to answer claim; further submissions on the merits; late decision; procedure before the tribunal; receivability of the complaint; refusal; reply confined to receivability; tribunal;
Judgment 810
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"What good faith requires is that when someone is transferred he should be given proper notice, and not just of a vague intention, but of the nature of the post he is to get and of the duty station." The complainant did not accept the transfer and was dismissed. The decision is quashed and the Tribunal orders the restoration of the complainant's status as an official.
Keywords:
duty station; duty to inform; good faith; notice; organisation's duties; post description; reconstruction of career; refusal; termination of employment; transfer;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Order
Extract:
"Continuation of the suspension might [...] needlessly hold up the proceedings and cause detriment to the defendant without serving the interests of the complainant. The application accordingly fails".
Keywords:
extension of contract; order; order of suspension; president of the tribunal; refusal; request by a party;
Judgment 770
59th Session, 1986
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was injured in an aircraft accident while on an official mission. He sought compensation from the airline whose plane had caused the accident. The airline agreed to conclude a reasonable settlement. The complainant never disclosed the amount of the payment made to him. Under the circumstances, the Tribunal holds that it was proper for the organization to deny the complainant further benefits. Indeed, paragraph 32 of aAnnex E to the WHO Manual releases the compensation scheme from the obligation to make payments to a staff member who has obtained satisfaction through a third party.
Reference(s)
Organization rules reference: PARAGRAPH 32 OF ANNEX E TO THE WHO MANUAL
Keywords:
accumulation; health insurance; illness; insurance; medical expenses; organisation; professional accident; refusal; service-incurred;
Judgment 769
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant fell ill on 15 August, a public holiday. He seeks an additional day of leave to make up for the day he lost. Whereas the complainant was neither on annual leave nor home leave at the time of his illness, his complaint is dismissed.
Keywords:
annual leave; compensatory leave; home leave; illness; public holiday; refusal; request by a party; sick leave;
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:
disclosure of evidence; flaw; material damages; moral injury; organisation; refund; refusal; removal expenses; request by a party;
Judgment 728
58th Session, 1986
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"UNESCO, which has been informed of the withdrawal, alleges that the complainant has acted for purely tactical reasons in filing a complaint he described as urgent and then withdrawing it. It asks the Tribunal not to record the withdrawal but to hear the complaint and declare it irreceivable. When a complainant withdraws suit the Tribunal will not look into his reasons for surrendering his claims."
Keywords:
competence of tribunal; organisation; refusal; withdrawal of suit;
Judgment 706
57th Session, 1985
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
In Judgment 607 the Tribunal decided that the complainant had the right to a medical leave as of 1 April 1981 and sent him back to the organization for it to set, after a medical inquiry, the duration of the leave. "The Tribunal concludes that, contrary to its own wishes and to the Director-General's instructions, the organization made a decision without consulting the complainant and refused to discuss questions of fact. To settle the matter once and for all the Tribunal will increase the period of leave from six to nine months, i.e. from 1 April to 31 December 1981."
Reference(s)
ILOAT Judgment(s): 607
Keywords:
execution of judgment; judgment of the tribunal; organisation; refusal; sick leave; tribunal;
Judgment 652
55th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
When the case was referred to the medical adviser, all she did was to telephone [the complainant's] doctor. In the course of their conversation [the doctor] consented to change the earlier certificate and declare that [by a specified date] the complainant was again fit for work. [...] Such confabulation between professional colleagues is not in itself objectionable. It would no doubt have been more satisfactory if the two doctors had first carried out a clinical examination. [...] Their approach undoubtedly made it harder to establish the facts, and for that the complainant - whom they could have asked to undergo an examination - is not to blame. The burden of proof is therefore on the [organisation]."
Keywords:
burden of proof; medical certificate; medical consultant; medical examination; medical fitness; medical opinion; organisation; refusal; sick leave;
Judgment 623
53rd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"No purpose would be served by hearing the [witness]. The written evidence includes several letters by him about the complainant's case which fully explain his position on the matters in dispute."
Keywords:
oral proceedings; refusal; tribunal;
Judgment 607
52nd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
The decision to refuse sick leave [by renewing a fixed-term contract] is quashed. "The Tribunal takes the view that pay for the period of sick leave will adequately compensate the complainant for the injury caused by the [organization's] unlawful decision, and there should be no further damages."
Keywords:
contract; extension of contract; fixed-term; non-renewal of contract; refusal; sick leave;
Judgment 595
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant, whose contract was terminated for health reasons, declined to allow access to his medical file, he applies for an expert inquiry. "This claim [...] fails. The Tribunal is never bound to order such an inquiry". The Tribunal does not believe an inquiry necessary to ascertain the truth. "In coming to that view it is not making an appraisal of fact which is outside the competence of its members; this is no more than the consequence in law of the fact of the complainant's refusal to allow disclosure of the medical file."
Keywords:
complainant; expert inquiry; health reasons; medical examination; refusal; request by a party; termination of employment; termination of employment for health reasons; tribunal;
Summary
Extract:
During the proceedings, the organization invited the Tribunal to lift the obligation of professional secrecy to allow the Tribunal access to the complainant's medical file. The complainant declined to allow this and by order of the Tribunal, the application was rejected on the grounds that only a patient might release his physician from professional secrecy. After the exchange of briefs, the complainant expressed agreement with his medical file being made available to the Tribunal. The Tribunal disallowed the reopening of proceedings for the file to be submitted. The complainant's own attitude is responsible for no evidence of the temporary nature of his illness having been presented.
Keywords:
complainant; confidential evidence; disclosure of evidence; medical records; organisation; refusal; request by a party;
Judgment 579
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The grounds upon which the complainant seeks review, viz. the error of his being placed by the Selection Committee in [a particular category], the failure of the Selection Committee to screen his case properly and the refusal of the Tribunal to summon witnesses whom the complainant did not call at the hearing by the [Internal Appeal Board], are not grounds for review."
Keywords:
application for review; inadmissible grounds for review; misinterpretation of the facts; oral proceedings; refusal; tribunal;
Judgment 550
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"In her rejoinder the complainant asks the Tribunal to hear this complaint together with another she has filed but in which the written proceedings are not completed. Thus she would like the Tribunal to postpone the hearing of this case." She subsequently suggests joining the two complaints with another yet to be filed. The Tribunal "will deliver a separate judgment on the present case, which raises distinct and quite separate issues, and it reserves its decision on the joinder of subsequent complaints."
Keywords:
complainant; complaint; joinder; refusal; request by a party; tribunal;
Judgment 543
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Following two previous judgments [Nos. 375 and 392], "the complainant [found herself] in the position of a person holding an appointment without a post. She was therefore entitled to demand to be assigned to a suitable post and put back on the payroll. This would not exclude a fresh assignment to Brasilia, the Tribunal having in Judgment No. 375 rejected the complainant's objections to that post. Whether or not the incumbent in Brasilia was there on a temporary basis, it was open to the Director to create a vacancy there and assign the complainant to it. However, the complainant did not take the initiative in this respect."
Reference(s)
ILOAT Judgment(s): 375, 392
Keywords:
assignment; complainant; discretion; execution of judgment; judgment of the tribunal; refusal;
Judgment 494
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
"There is no indication in the dossier that if the proper procedure had been observed before termination the complainant would have made use of it to change her attitude; and she has in fact declined reinstatement. She has not therefore shown any financial loss that she would not have incurred anyway. "It may well be that, as she alleges, 'because of the abrupt manner in which she was terminated, there has been speculation that she was engaged in some wrong doing.' She is entitled to a sum sufficient to mark the fact that her dismissal was illegal."
Keywords:
flaw; lack of injury; material injury; moral injury; offer; procedural flaw; refusal; reinstatement; termination of employment; transfer;
Summary
Extract:
The complainant refused to comply with a change of duty station. She was dismissed in an abrupt and precipitate manner. The transfer in question was warranted on independent grounds; no proof of prejudice has been given; the complainant was able to study the post description which had been offered to her. No claim for compensation based on the invalidity of the transfer. But compensation for moral prejudice plus costs.
Keywords:
moral injury; refusal; termination of employment; transfer;
Judgment 487
48th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's absence from duty for which the organization's medical officer thought the application of sick leave unjustified was set against annual leave; the complainant contends that it was in fact a disciplinary measure tainted with abuse of authority. "In the circumstances of this case the application of the [material rule] by analogy and the consequent exclusion of [another rule] which would have entailed disciplinary action [...] constitutes no abuse of authority, since that authority was not exercised for any unlawful purpose."
Keywords:
abuse of power; analogy; annual leave; enforcement; illness; misuse of authority; provision; refusal; sick leave; unauthorised absence;
Consideration 4
Extract:
"The Tribunal finds wilful harassment neither in the refusal to extend the period of sick leave nor - on account of the considerations relied on by the administration - in the summons [...] to the complainant [...] to see the [organization's] medical officer on the same day, nor in the refusal to hold an independent medical examination - a procedure for which there is no provision in the Staff Regulations and Staff Rules. On the contrary, the organization acted in the normal exercise of its authority."
Keywords:
expert inquiry; extension of contract; medical examination; refusal; sick leave;
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;
Consideration 4
Extract:
"The Tribunal disallows the [organisation's] application for a full or partial award of costs against the complainant."
Keywords:
costs; counterclaim; refusal; tribunal;
Judgment 459
46th Session, 1981
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1-2
Extract:
"Upon receiving an appointment a staff member is required to give the date of his birth. The date so recorded in the contract of appointment may affect his rights and obligations in a number of ways; certainly it settles the date on which he is due to retire." The complainant may not rely on the principle of good faith "since in any case, when the first correction of date was made, he ought to have taken every precaution to determine the exact date of his birth."
Keywords:
amendment to the rules; date of birth; good faith; organisation; refusal; staff member's duties;
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