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Request by a party (633, 795, 796,-666)

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Keywords: Request by a party
Total judgments found: 161

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  • Judgment 2473


    99th Session, 2005
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Organization contends that since the impugned decision was notified to the complainant on 21 November 2003, he should have filed his complaint with the Tribunal, according to Article VII, paragraph 2, of its Statute, within ninety days after the date of notification, that is to say by 19 February 2004 at the latest and not in July 2004 as was the case.
    Contrary to the defendant's allegation, the complainant asserts that he received the decision dated 21 November 2003 only on 28 April 2004 following a request he made to the Director-General on 15 April 2004. Since the defendant, which bears the burden of proof in this respect, has not proved that the notification actually occurred on 21 November 2003, the Tribunal must accept the date of 28 April 2004 indicated on the note transmitting a copy of the impugned decision to the complainant, and it will therefore consider that the complaint he filed on 26 July 2004 fell within the required time limit."

    Reference(s)

    ILOAT reference: Article VII, paragraph 2, of the Statute of the Tribunal

    Keywords:

    burden of proof; complainant; complaint; complaint allowed; date; date of notification; decision; executive head; iloat; iloat statute; information note; lack of evidence; mandatory time limit; organisation's duties; request by a party; staff member's duties; time limit;



  • Judgment 2458


    99th Session, 2005
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3 and 7

    Extract:

    In Judgment 2189 the Tribunal ordered the Organization to "appoint a medical board without delay". The complainant filed an application for execution of that judgment. "Once again, the complainant attempts to bypass the internal remedies, and have her internal appeal, which has been pending for over ten years, heard by the Tribunal on its merits. To do so, she would have to persuade the Tribunal that the failure of the medical board to take up and report on her claim and thereby allow her internal appeal to proceed was due to the wilful fault or neglect of UNIDO. [But] it is clear that [...] by July 2003, the necessary preliminary steps to set up the medical board had been taken and that the delays which took place after that time were largely due to the complainant herself. [...]
    The obligation imposed on the Organization by Judgment 2189 to establish a medical board without delay is not wholly a one-way street. The complainant owes a duty of good faith and in the circumstances this includes not only the duty not to impede or prevent the medical board's functioning [...] but also the duty actively to collaborate with the board and to allow it to undertake its duties effectively. If the complainant had reservations about the terms of reference of the board she no doubt had the right to make them known as she did, but she could not insist on them as non-negotiable conditions precedent to the board carrying out its inquiry."

    Reference(s)

    ILOAT Judgment(s): 2189

    Keywords:

    application for execution; delay; execution of judgment; good faith; internal appeal; medical board; order; procedure; request by a party; staff member's duties; time limit;



  • Judgment 2457


    99th Session, 2005
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Organisation contends that the claims for damages are irreceivable because they were put forward in this specific manner for the first time in the complaint. However, it appears from the submissions that the request concerning damages had in fact been made in the course of the internal appeal procedure, albeit only orally and in general terms. [...] The Tribunal therefore considers that, in accordance with the case law (see in particular Judgment 2360), the claims for damages are receivable."

    Reference(s)

    ILOAT Judgment(s): 2360

    Keywords:

    appraisal of evidence; breach; case law; claim; complaint; complaint allowed; complaint allowed in part; evidence; formal requirements; internal appeal; internal remedies exhausted; material damages; moral damages; new claim; procedure; receivability of the complaint; request by a party;



  • Judgment 2371


    97th Session, 2004
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    One of the complainant's subordinates submitted a grievance for moral harassment against him. The Ombudsperson circulated her report thereby disclosing the accusations against the complainant to persons who were not entitled to be informed of them. "Had this report been seen only by the persons entitled to receive it, it might not have injured the complainant's reputation, given that it was issued by an authority of the Organization which had no power of decision. However, as pointed out above, the whole of the report was communicated to persons who were not entitled to see it and there is no doubt that this disclosure, which was contrary to the obligation of confidentiality by which the Ombudsperson is bound pursuant to Article 13.15, paragraph 9, of the Staff Regulations, caused the complainant injury warranting compensation, even though the report was circulated 'on a confidential basis'."

    Reference(s)

    Organization rules reference: Article 13.15, paragraph 9, of the Staff Regulations

    Keywords:

    advisory body; breach; communication to third party; compensation; complaint allowed; complaint allowed in part; confidential evidence; harassment; injury; internal appeals body; international civil servant; moral injury; organisation's duties; report; request by a party; staff regulations and rules; supervisor;



  • Judgment 2356


    97th Session, 2004
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The complainant claims damages for the injury resulting from the inclusion in her personnel file of a memorandum bearing negative remarks about her performance. "While there is no evidence whatsoever to support the complainant's claim that she was humiliated and that her future career prospects were adversely affected by this memorandum, the fact remains that the Appeals Committee found, and the Director-General accepted, that the document should be removed from her file. That necessarily implies an acceptance by the Organization that it had acted wrongly in putting it there in the first place. This entitles her to a nominal award of moral damages which the Tribunal evaluates at 500 euros."

    Keywords:

    acceptance; advisory opinion; breach; career; claim; complaint allowed; complaint allowed in part; executive head; general service category; grade; injury; internal appeals body; international civil servant; lack of evidence; moral damages; moral injury; personal file; request by a party; respect for dignity; right; supervisor; unsatisfactory service;



  • Judgment 2316


    96th Session, 2004
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 19 and 20

    Extract:

    The complainant wants to be granted her salary increment to step X retroactively. "The particular circumstances upon which the ITU relies to argue that the complainant should not be granted her step X increment are that the unsatisfactory nature of her services had already been documented prior to the report signed on 3 May 2002 and that she did not cooperate with the establishment of her periodic appraisals. It may at once be noted that the appraisal for the relevant period was not made in May 2002, but in November of that year. Further, and given the complainant's absence on sick leave at various times during the relevant appraisal periods, it is difficult to infer lack of cooperation on her part. However, and more to the point, the matters upon which the Union relies fall far short of establishing that it made a genuine effort to comply with its own procedures, and do not show that the complainant frustrated or sabotaged any such effort. That being so [...], those considerations cannot defeat the complainant's entitlement to her step X increment retroactively. The treatment of the complainant by the ITU is [...] unacceptable."

    Keywords:

    claim; complainant; complaint allowed; date; evidence; increment; liability; organisation; organisation's duties; patere legem; performance report; period; procedure; request by a party; right; sick leave; unsatisfactory service; work appraisal;

    Consideration 12

    Extract:

    The complainant wants to be granted her salary increment to step X retroactively. The ITU asserts that the complaint is inadmissible because in Judgment 2170 the Tribunal stated that those pleas were dismissed. "Judgment 2170 was concerned with the complainant's entitlement to her step VIII salary increment, her pleas regarding entitlement to salary increment for step [...] X being dismissed on the basis that they were not and could not be the subject of her first complaint. That being so, there was no final and binding decision on her present claim either expressly or as a necessary step to the decision that she was then entitled to a step VIII increment. Accordingly, the complaint is not barred by res judicata."

    Reference(s)

    ILOAT Judgment(s): 2170

    Keywords:

    absence of final decision; claim; complaint; complaint allowed; condition; decision; express decision; general principle; grounds; iloat; increase; increment; judgment of the tribunal; receivability of the complaint; refusal; request by a party; res judicata; right;



  • Judgment 2315


    96th Session, 2004
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 28 and 29

    Extract:

    The complainant submits that the impugned decision is vitiated by a breach of due process of law, inasmuch as the recommendation of the Personnel Advisory Panel was kept from him. The Commission points out that this recommendation is confidential and, thus, there was no breach of due process. "Should a claim of confidentiality be made, for example, where a recommendation contains immaterial information on a third party, it is for the party making that claim to establish the grounds upon which the claim is based. In such a case, precautions may be taken to maintain confidentiality. In the present case, the Commission provides no grounds for its argument of confidentiality other than the need for the Personnel Advisory Panel to be able freely to discuss relevant matters. In a decision-making process which is subject to internal review and to the jurisdiction of this Tribunal, that is not an acceptable basis for a claim of confidentiality."

    Keywords:

    advisory body; breach; burden of proof; complaint; complaint allowed; complaint allowed in part; confidential evidence; decision; formal flaw; freedom of speech; grounds; iloat; internal appeal; procedure; recommendation; request by a party; right to reply;



  • Judgment 2314


    96th Session, 2004
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    "An employer is not absolved from the requirement to ensure equal treatment and equal pay for work of equal value merely because an employee has the right to seek reclassification of his or her post."

    Keywords:

    complaint allowed; equal treatment; international civil servant; organisation; organisation's duties; post classification; request by a party; right; safeguard; salary; same;



  • Judgment 2311


    96th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The complaints must [...] be dismissed. Consequently, the applications to intervene filed by interveners whose claims are the same as the complainants' must likewise be dismissed. Insofar as some of the applications to intervene include other claims, they are irreceivable, as are those submitted by unidentified claimants."

    Keywords:

    claim; complainant; complaint; difference; identical claims; international civil servant; intervention; receivability of the complaint; request by a party; same;



  • Judgment 2304


    96th Session, 2004
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    In its Judgment 2246, the Tribunal ordered the Organization to provide the complainant within 30 days of notification of the judgment with part of the documents supplied to the Tribunal pursuant to Judgment 2192. The complainant points out that the Organization failed to do so within the time limit. "The Tribunal finds that the delay in supplying the documents cannot be attributed solely to the Organization. Prior to the expiry of the prescribed time limit, the latter [...] had written to the complainant asking him to undertake not to divulge the requested documents to third parties. Rather than reply to that letter, the complainant filed an application for execution with the Tribunal, whereas he ought to have shown good faith by replying to the defendant's request."

    Reference(s)

    ILOAT Judgment(s): 2192, 2246

    Keywords:

    application for execution; communication to third party; confidential evidence; date of notification; delay; direct appeal to tribunal; execution of judgment; good faith; iloat; judgment of the tribunal; liability; organisation; request by a party; staff member's duties; time limit;



  • Judgment 2239


    95th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "Since the complaints fail, so must the applications to intervene, it being noted that certain claims they contain which differ from those submitted in the complaints are in any case irreceivable."

    Keywords:

    claim; complaint; difference; intervention; new claim; receivability of the complaint; refusal; request by a party; same;



  • Judgment 2237


    95th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The application to intervene that has been filed must be dismissed since the applicant is not in the same situation in fact and in law to that of the complainant.

    Keywords:

    complainant; difference; intervention; refusal; request by a party; right; same;



  • Judgment 2236


    95th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The right to intervene in a complaint filed before the Tribunal is available to persons who wish to claim the benefit of the judgment rendered on that complaint, without having themselves exhausted the remedies available to them. since the intervener has availed himself of the internal remedies and filed a complaint before the Tribunal on which judgment is delivered this day, his application to intervene is, therefore, irreceivable."

    Keywords:

    complaint; consequence; effect; intention of parties; internal appeal; intervention; judgment of the tribunal; receivability of the complaint; request by a party; right; status of complainant;



  • Judgment 2230


    95th Session, 2003
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    The complainant claims that a payment made to him by mistake should not have been recovered from him three years later. "While it is a general principle of law that lapse of time may extinguish an obligation, the complainant has not cited any provision relative to recovery of overpayments [...] establishing a prescriptive period beyond which the undue payments may no longer be recovered."

    Keywords:

    definition; discontinuance; general principle; payment; period; provision; recovery of overpayment; request by a party; right;



  • Judgment 2222


    95th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5 and 6

    Extract:

    "The decisive factor behind the request for the complainant's diplomatic immunity to be waived [...] was not brought to the complainant's knowledge. That might have given him a chance to identify his accusers and, if need be, armed with that knowledge, to explain to his hierarchical superiors the reasons for the serious charges brought against him, before the decision was taken to waive his diplomatic immunity [...] by virtue of the right to information recognised by the tribunal's case law, particularly Judgment 1756, the organization, which held information that was so important to the complainant, had an obligation to bring it to his knowledge. It may be concluded from the above that the organization violated the complainant's right to be informed and injured his dignity and reputation."

    Reference(s)

    ILOAT Judgment(s): 1756

    Keywords:

    breach; case law; complainant; complaint allowed; complaint allowed in part; consequence; decision; duty to inform; elements; judgment of the tribunal; moral injury; organisation's duties; privileges and immunities; request by a party; respect for dignity; right; right to reply; supervisor; waiver of immunity;



  • Judgment 2220


    95th Session, 2003
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant is asking for the execution of a judgment in which he was neither a party nor an intervener. He "claims that [that] judgment constitutes an exception to the general rule of res judicata because it is of "general" application. There is no such exception to the rule. The judgments of the Tribunal operate only in personam and not in rem. Notwithstanding the generality of the terms in which the Tribunal may dispose of a case before it, the judgment has effect only as between the parties to it. The complainant confuses the rule of res judicata with the rule of stare decisis. The former, which is a rule of law, applies absolutely when the necessary three identities of person, cause and object are present, which is not the case here. the latter rule, which is simply a matter of judicial practice or of comity, holds that, in general, the Tribunal will follow its own precedents and that the latter have authority even as against persons and organisations who were not party thereto, unless it is persuaded such precedents were wrong in law or in fact or that for any other compelling reason they should not be applied."

    Keywords:

    binding character; case law; complainant; effect; enforcement; exception; execution of judgment; general principle; grounds; intervention; judgment of the tribunal; limits; mistake of fact; organisation; practice; purport; request by a party; res judicata; right; same; same cause of action; same parties; same purpose; status of complainant;

    Consideration 6

    Extract:

    The complainant is asking for the execution of a judgment in which he was neither a party nor an intervener. "Sound judicial policy requires that the Tribunal encourage parties to settle their disputes after as well as before judgment. That cannot happen if persons, like the complainant, who did not participate in a case, even though he might have done so, can interfere after the fact and prevent such settlement."

    Keywords:

    complainant; execution of judgment; general principle; iloat; intervention; judgment of the tribunal; request by a party; right; settlement out of court; status of complainant;



  • Judgment 2218


    95th Session, 2003
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The Organization argues that the complainant submitted new "conclusions" to the Tribunal, compared to those he had put forward in his internal appeal [...]. In fact, the complainant's pleas, whether in the internal appeal or before the Tribunal, consist in challenging the decision taken regarding his grade and in obtaining a position in the normal salary scale at the level closest to the salary he had been receiving in the previous system. His request to be placed at a graded level within the new scale instead of one altogether outside the scale cannot properly be considered as going beyond the claims he had submitted in the internal appeals proceedings".

    Keywords:

    claim; complainant; complaint; decision; identical claims; iloat; internal appeal; interpretation; new claim; procedure; receivability of the complaint; request by a party; salary; scale;



  • Judgment 2214


    95th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3 B) and C)

    Extract:

    The complainant asked for the payment of the expatriation allowance provided for in Article 72 of the EPO's Service Regulations. The Tribunal gave "a definition of permanent or continuous residence". While this requires actual long-term presence in the country concerned, it does not necessarily exclude another residence. In judgment 1099 the Tribunal held that in order to establish whether the complainant met the condition of 'continuous residence' in the country of his duty station for at least three years prior to being recruited by the Office, it was necessary to determine whether there were "objective and factual links with that country". It added that: "what matters is that the complainant had to live, and did live [in that country]". It was not important to know whether the complainant had paid taxes there or whether, at the same time, he kept a home address at his former place of residence (see Judgment 1099, under 8). The status of the residence is not relevant either (see Judgment 1150). It is clear from the case law when residence must be deemed to have been interrupted, within the meaning of Article 72 of the Service Regulations. It is not sufficient for the person concerned to have stopped living in a particular country; he must in addition have intended to leave the country for some length of time."

    Reference(s)

    Organization rules reference: ARTICLE 72 OF THE SERVICE REGULATIONS FOR PERMANENT EMPLOYEES OF THE EUROPEAN PATENT OFFICE
    ILOAT Judgment(s): 1099, 1150

    Keywords:

    appointment; assignment; case law; condition; definition; duty station; iloat; judgment of the tribunal; non-resident allowance; period; place of origin; provision; request by a party; residence; same; staff member's duties; staff regulations and rules; tax;



  • Judgment 2189


    94th Session, 2003
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The complainant has [...] requested that the Tribunal act to [...] prevent public access to its judgments concerning her. The Tribunal cannot do this since its judgments are necessarily public, but it has recently adopted a practice of not mentioning the names of individuals so that such names are not available as a matter of course to any person reading the Tribunal's judgments on the internet. Cases that have already been published have passed into the public domain and are of course beyond recall."

    Keywords:

    complainant; complaint allowed; complaint allowed in part; decision; iloat; judgment of the tribunal; publication of judgment; request by a party;



  • Judgment 2184


    94th Session, 2003
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "It is the essence of secondment that the official concerned shall return to and resume his employment with the releasing organisation upon expiry of the agreed term. Since he was aware of such terms of employment, the complainant cannot be entitled to moral or compensatory damages."

    Keywords:

    allowance; fixed-term; general principle; moral damages; moral injury; refusal; request by a party; secondment; staff member's duties; terms of appointment;

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