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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 1109


    71st Session, 1991
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    After recommending that the complainant should get a personal promotion, the Selection Board held a further meeting at the instance of the Deputy Director-General and shifted ground. The Tribunal holds that "in only two cases may an internal body be asked to think again. One is where something unforeseeable and of decisive moment occurs after it has reported, and the other is where there comes to light some fact or evidence, again of cardinal importance, that it did not know of or could not have known of before it reported." Since those conditions were not met in the instant case, the decision is tainted with a procedural flaw and must be quashed. The complainant is sent back to the Organisation for his case to be reviewed.

    Keywords:

    advisory body; case reopened; case sent back to organisation; complaint allowed; condition; decision quashed; flaw; internal appeals body; organisation; procedural flaw; request by a party; selection board;



  • Judgment 1070


    70th Session, 1991
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7, Summary

    Extract:

    The complainant submitted a claim for medical expenses incurred by his former wife which another insurance scheme had already met. He submits that he bore no responsibility for the error and acted in good faith. The Tribunal holds that as he knew that his former wife was covered under another health scheme he should have made sure that it had not previously refunded her expenses. The complainant's "conduct argues, to say the least, a degree of laxity quite inadmissible in an international civil servant in that he wilfully ran a substantial and unreasonable risk, the foreseeable outcome being the defrauding of the fund. He has only himself to blame for the consequences of his own oversight."

    Keywords:

    complainant; fitness for international civil service; good faith; insurance; insurance benefit; misrepresentation; negligence; request by a party; serious misconduct; staff member's duties;

    Consideration 7, Summary

    Extract:

    Under Article 2.7(1) of the ILO/ITU Staff Health Insurance Fund Regulations claimants must supply a statement, together with supporting documents, listing any benefits received or to be received from another health scheme in respect of each claim made. The complainant submitted a claim for his ex-wife's medical bills, which had already been reimbursed by another health scheme. "In filing such a statement the complainant had a duty to make sure that the 'supporting documents' were genuine and he could not shirk it by shifting responsibility to his former wife and professing his own ignorance and good faith."

    Reference(s)

    Organization rules reference: ARTICLE 2.7(1) OF THE ILO/ITU STAFF HEALTH INSURANCE FUND REGULATIONS

    Keywords:

    accumulation; dependant; good faith; insurance; insurance benefit; liability; misrepresentation; request by a party;

    Consideration 7

    Extract:

    The complainant was dismissed for having got the ILO/ITU Health Fund to reimburse medical costs incurred by his former wife when another health scheme had already met them. "It is irrelevant to his plea of good faith that he has instigated criminal proceedings against her in the French courts on the grounds of fraud, though he might cite her conviction, if she were found guilty of the charges, as a new fact warranting review."

    Keywords:

    dependant; evidence; good faith; insurance benefit; judgment of the tribunal; misconduct; municipal court; request by a party; termination;



  • Judgment 1029


    69th Session, 1990
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Order

    Extract:

    "since the parties are agreed on the suspension of the proceedings the organisation's application is granted."

    Keywords:

    order; order of suspension; organisation; request by a party;



  • Judgment 1005


    68th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant claimed the benefit of a decision delivered on 12 december 1986 (judgment 792). she got notice of the organisation's final decision to refuse her claim in a letter dated 26 february 1988. but she failed to challenge that decision within the ninety-day limit laid down in article vii(2) of the statute. so her complaint is time-barred.

    Reference(s)

    ILOAT reference: ARTICLE VII(2) OF THE ILOAT STATUTE

    Keywords:

    complaint; enforcement; judgment of the tribunal; receivability of the complaint; request by a party; time bar; time limit;



  • Judgment 933


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant seeks to have papers concerning his removal expenses returned to him. the tribunal holds that the complainant's claim is trivial and he has failed to give evidence of injury suffered from not having the originals.

    Keywords:

    cause of action; complainant; disclosure of evidence; lack of injury; removal expenses; request by a party;



  • Judgment 925


    65th Session, 1988
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "the scheme member has a duty to support a claim with documents that are clear enough for the administration to be able to tell what the treatment was and to apply the right rate of refund."

    Keywords:

    burden of proof; disclosure of evidence; evidence; illness; insurance; insurance benefit; rate; request by a party;



  • Judgment 923


    65th Session, 1988
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "in case of doubt it is for the staff member to show exactly what the treatment was if he is contending that the maximum limit does not apply."

    Keywords:

    burden of proof; disclosure of evidence; evidence; insurance benefit; maximum limit; request by a party;



  • Judgment 898


    64th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant wants the Tribunal to make recommendations on how to interpret certain provisions in the rules. "Besides stating his claims in vague and general terms the complainant is not seeking the quashing of any decision but mere recommendations in the form of advice to be commended to some unidentified person or authority. The Tribunal may neither give an advisory opinion nor rule on a dispute in which no breach of the terms of appointment or of the Staff Regulations is alleged. For that reason the claims are irreceivable."

    Keywords:

    advisory opinion; cause of action; competence of tribunal; complainant; interpretation; receivability of the complaint; request by a party; staff regulations and rules; tribunal; vague claim;



  • Judgment 874


    63rd Session, 1987
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Interest will not be awarded on an application for a court order unless payment of the principal is due."

    Reference(s)

    ILOAT Judgment(s): 792

    Keywords:

    amount; condition; interest on damages; request by a party;



  • Judgment 842


    63rd Session, 1987
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    the organisation's "patent attorney may have made use of the papers but that is immaterial to the issue in dispute between it and the complainant. the fact remains that he retained the patent attorney on his own initiative and in his own interest, and without any authorisation from the eso. that being so, the eso is not under any legal obligation to reimburse to the complainant the amount of fees he contracted to pay the patent attorney."

    Reference(s)

    ILOAT Judgment(s): 780, 840, 841

    Keywords:

    complainant; counsel; organisation's duties; proprietary rights; refund; request by a party;



  • Judgment 809


    61st Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Order

    Extract:

    "The President may direct proceedings and even if not expressly so empowered may order suspension. Since a complainant may withdraw a complaint he may also apply for suspension. Such application will succeed unless the advantage to the complainant of suspending the proceedings is outweighed by the advantage to the defendant of pursuing them."

    Keywords:

    competence; implied powers; no provision; order; order of suspension; organisation's interest; president of tribunal; procedure; request by a party; staff member's interest; withdrawal of suit;

    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; order; order of suspension; president of tribunal; refusal; request by a party;



  • 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:

    complaint allowed; disclosure of evidence; flaw; material damages; moral damages; organisation; refund; refusal; removal expenses; request by a party;



  • Judgment 757


    59th Session, 1986
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant was found guilty of gross negligence in the performance of his duties. the organisation confiscated the equivalent of two months' salary. the tribunal holds that such a decision constitutes a disciplinary sanction, not a measure to allow of compensation. only such disciplinary action may be taken which is specifically set out in the applicable provisions. whereas such a sanction is not provided for, the decision to impose it must be quashed.

    Keywords:

    complainant; complaint allowed; decision quashed; disciplinary measure; hidden disciplinary measure; negligence; no provision; organisation; refund; request by a party; salary;



  • Judgment 692


    57th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    unlike special leave, leave required in the service of the organisation must be granted, as provided by the regulations, according to circumstances and is not otherwise subject to a time limit. the 12-day leave requested by the complainant is justified for transfer from one duty-post to another, i.e. for professional purposes. the tribunal allows the complaint.

    Keywords:

    amendment to the rules; complaint allowed; decision quashed; duty station; grounds; leave; request by a party; transfer;



  • Judgment 676


    56th Session, 1985
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    A staff member may ask the administration for review of a decision either when some new and unforeseeable fact of decisive importance has occurred since the decision was taken or where the staff member is relying on facts or evidence of which he was not and could not have been aware before the decision was taken. If either condition is fulfilled the administration is under a duty to review, and the new decision will set a new time limit.

    Keywords:

    case reopened; complainant; condition; internal appeal; internal appeals body; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; request by a party; start of time limit; time limit;



  • Judgment 646


    54th Session, 1984
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "the tribunal has such competence as is conferred on it by article ii of its statute. decisions under article xii and the annex [on submissions to the international court of justice for advisory opinion] fall outside the scope of its competence. in fact, although article ii, paragraph 7, empowers the tribunal to rule on its own competence, its ruling is subject to the right of the governing body of an international organisation to seek review if it believes that the tribunal has exceeded its jurisdiction or committed a fundamental error of procedure."

    Reference(s)

    ILOAT reference: ARTICLE II PARAGRAPH 7 AND ARTICLE XII OF THE ILOAT STATUTE; ANNEX TO THE ILOAT STATUTE

    Keywords:

    advisory opinion; competence; competence of tribunal; executive body; icj; iloat statute; request by a party; vested competence;



  • Judgment 630


    54th Session, 1984
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    all staff members should hold a post and perform the duties pertaining thereto. this "principle will not in practice have the effect of impairing the legitimate authority of the head of branch. work requirements will determine how staff are to be assigned, and the result may be that a staff member has some of his duties taken away from him or is set to work that does not quite match his inclinations or even his talents. the supervisor is also entitled to propose that a staff member be moved [...] but so long as the staff member remains in a particular branch the head must see to it that he is given real work."

    Keywords:

    assignment; complaint allowed; complaint allowed in part; international civil servant; organisation's duties; organisation's interest; post; qualifications; refusal to assign work; request by a party; right; staff member's duties; supervisor; transfer;

    Consideration 3

    Extract:

    "the complainant argues that the unfair treatment lies in her being kept idle for so long. accordingly the time limit for filing an appeal did not begin on the date on which her supervisor decided, while keeping her on her post, to give her no more work: the injury occurred only with the passage of time. thus, although it was only after being kept idle for a considerable lapse of time that the complainant appealed to the director-general, and then to the tribunal, for compensation for the injury she alleged, her claims are not time-barred and her complaint is receivable."

    Keywords:

    compensation; complaint; complaint allowed; complaint allowed in part; date; executive head; iloat; injury; internal appeal; period; post; receivability of the complaint; refusal to assign work; request by a party; start of time limit; supervisor; time bar;



  • Judgment 620


    53rd Session, 1984
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "according to article ii of its statute the tribunal may hear complaints alleging non-observance of the official's terms of appointment or of the staff regulations. having only such competence as is conferred upon it, it may not entertain matters out with the ambit of that article. it is therefore not competent to invite the fao council to address the international court of justice."

    Reference(s)

    ILOAT reference: ARTICLE II OF THE ILOAT STATUTE

    Keywords:

    advisory opinion; competence of tribunal; executive body; icj; request by a party; vested competence;



  • Judgment 614


    53rd Session, 1984
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    the complainant claims to have received unequal treatment. he invites the tribunal to order disclosure of another staff member's personnel file for comparison with his own, along with the file on the grading of his post. "the ilo objects to disclosing another official's records to the complainant but is willing to let the tribunal see them."

    Reference(s)

    ILOAT Judgment(s): 564, 565

    Keywords:

    confidential evidence; disclosure of evidence; equal treatment; personal file; post classification; request by a party;

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