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 328
39th Session, 1977
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"If it can be established that the conduct of the organization was such as to conceal from the complainants in bad faith that they had the claims which they were now putting forward, then the organization could not in the opinion of the Tribunal rely upon the rule [which disallows requests for benefits more than twelve months from the date at which the initial payment would have been due]."
Keywords:
allowance; consequence; good faith; local status; non-local status; non-retroactivity; organisation; receivability of the complaint; refund; request by a party;
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 322
39th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
For reasons of a personal nature, the complainant waited six years before informing the organisation of the birth of an illegitimate child. He claimed retroactive payment of allowances from the date of the birth. The Tribunal finds that he has lost his right to retroactive payment, since he did not act within a reasonable period of time. To claim a lump-sum payment, after waiting several years, is to disregard the purpose of the provisions on family allowance.
Keywords:
dependent child; family allowance; non-retroactivity; purpose; reasonable time; request by a party; time limit;
Consideration 3
Extract:
"It is immaterial that according to [the relevant provision] an official may not waive his right to remuneration. [...] It is through his own delay that he may lose his right to family allowance, and not because of any express or implied waiver on his part."
Keywords:
dependent child; family allowance; reasonable time; request by a party; time bar; time limit;
Judgment 308
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"If [...] the complainants want general and non-specific measures in the form of new rules, the claim is [...] irreceivable, since the Tribunal is competent to correct breaches of terms of appointment or provisions of the Staff Regulations, not to order the adoption of new rules."
Keywords:
amendment to the rules; competence of tribunal; complainant; request by a party; staff regulations and rules;
Judgment 292
38th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The article was amended by an office note. "The complainant's request for an interpretation of [the article] is a request for a decision relating to him; it may be made at any time and is not subject to any time limit. [The administration] never gave any decision upon the interpretation of [this] article [...] or upon the relationship to it of the office notices; this [...] is the substantial question in this case."
Keywords:
administrative instruction; amendment to the rules; decision; failure to answer claim; interpretation; provision; receivability of the complaint; request by a party; staff regulations and rules; time limit;
Judgment 283
37th Session, 1976
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The letters which the complainant contends were not communicated to him do not constitute executive decisions which might cause him prejudice but simply interdepartmental minutes of an internal nature."
Keywords:
complainant; disclosure of evidence; lack of injury; request by a party;
Considerations
Extract:
No provision requires "that a staff member be informed of the recommendations made by the competent advisory board with regard to his claim. Those recommendations are intended solely to assist the decision-making authority. The contentious nature of the administrative proceedings is respected by notification to the staff member of the decisions taken by the administration in the light of the board's report and by allowing him to reply to those decisions and that report after studying the whole of his file."
Keywords:
adversarial proceedings; advisory body; advisory opinion; disclosure of evidence; organisation's duties; request by a party; right to reply;
Judgment 261
35th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant claims an indemnity to cover the cost of travel expenses incurred in connection with the proceedings. "[T]he organization did not agree to pay these expenses, the expenses do not arise out of this claimant's terms of appointment and were not in the opinion of the Tribunal reasonably necessary for the presentation of his claims. This claim therefore fails on the merits."
Keywords:
complainant; internal appeal; internal appeals body; refund; request by a party; travel expenses;
Judgment 256
34th Session, 1975
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant invites the Tribunal to declare that a confidential file has been compiled relating to him; he seeks to be allowed to consult the file and have it destroyed. "These claims are receivable since the complainant has an interest in ensuring that all the documents concerning him should be put in his personal file, to which he has free access under [the applicable provision]. Also receivable are the claims [asking for] a list of the documents to which he is denied access, those claims being implicitly included in his original claims for relief."
Keywords:
application for quashing; cause of action; claim; complainant; confidential evidence; disclosure of evidence; personal file; receivability of the complaint; request by a party;
Judgment 238
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Tribunal believes that the dossier before it contains all the documents required for reaching a decision and that it is therefore needless to order production of the [requested] documents."
Keywords:
appraisal of evidence; disclosure of evidence; request by a party;
Judgment 224
31st Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Insofar as [the complainant's] further request for compensation is based on facts prior to [a given date], the Administrative Tribunal has dealt with his claims in Judgment [No. 223 concerning the first complaint]."
Reference(s)
ILOAT Judgment(s): 223
Keywords:
request by a party; res judicata;
Judgment 207
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"As an international official, [the complainant] cannot validly claim before the present Tribunal the protection of a law of amnesty adopted by the French parliament."
Keywords:
complainant; domestic law; enforcement; refusal; request by a party; tribunal;
Judgment 191
28th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Noting the confidential nature of the documents which it ordered to be disclosed, the Tribunal "decided not to communicate them to the complainant and merely informed him of the tentative conclusions which it had drawn from them. [...] After further consideration, however, the Tribunal reached its decision without relying on these documents."
Keywords:
appraisal of evidence; confidential evidence; disclosure of evidence; request by a party; tribunal;
Judgment 158
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
In asking the Tribunal to endorse the recommendations of the Appeals Committee, "the complainant has misunderstood the respective role of these two bodies. The Board of Inquiry and Appeal, as an advisory body, may take into account considerations of expediency, whereas the Tribunal, as a judicial organ, must confine itself to considering whether the decision impugned is in conformity with the applicable rules."
Keywords:
advisory body; competence; competence of tribunal; complainant; difference; enforcement; internal appeals body; recommendation; request by a party; tribunal;
Judgment 148
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant suffers from total incapacity for work. He asks the Tribunal to recommend to the Joint Staff Pension Fund to pay him a permanent pension. "The Tribunal is not competent to deal with the above claim, since the United Nations Administrative Tribunal is the competent body to hear disputes relating to benefits payable by the United Nations Joint Staff Pension Fund."
Keywords:
competence of tribunal; complainant; disability benefit; remand; request by a party; unat; unjspf;
Judgment 132
21st Session, 1969
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant seeks to have the report of the legal adviser on the tense situation in a regional office, as a result of which he was transferred, disclosed in full. The report was communicated to the Tribunal with the exception of certain passages regarded as confidential. "In the circumstances of the case the Tribunal considers it unnecessary for the establishment of the fact to order that the omitted passages should be produced."
Keywords:
appraisal of evidence; complainant; confidential evidence; disclosure of evidence; request by a party; tribunal;
Judgment 131
21st Session, 1969
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"There is no provision in the Staff Regulations or Rules conferring on the complainant any right in respect of the documents in the organization's file concerning him. He is not entitled to require either that they should be withdrawn or that copies of them should be furnished to him. The submissions on these matters are therefore unfounded."
Keywords:
application for quashing; competence of tribunal; complainant; confidential evidence; disclosure of evidence; elements; personal file; request by a party;
Consideration 1
Extract:
"The inquiry requested by the complainant in regard to the persons who cast doubt on his state of mental health would be justified only if it would help to establish facts relevant to the disposal of the complaint."
Keywords:
complainant; condition; illness; inquiry; investigation; refusal; request by a party; submissions; tribunal;
Judgment 118
19th Session, 1968
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"On the submissions impugning the refusal of the Director-General [...] to submit to the Governing Body, for reference to the International Court of Justice, the question of the 'legal validity' of Judgment No. 96 of the Administrative Tribunal: the Administrative Tribunal is not competent to receive submissions of this nature."
Reference(s)
ILOAT Judgment(s): 96
Keywords:
advisory opinion of icj; competence of tribunal; executive body; executive head; icj; refusal; request by a party;
Judgment 115
18th Session, 1967
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"At the request of [the] complainant [...], the Tribunal ordered [the witness to] be heard [...] and [the complainant's] personal file [to be disclosed]. The Tribunal considered, however, that the delivery of [the] complainant's medical file and of a document concerning events subsequent to the filing of the complaint was unnecessary for the disposition of the case."
Keywords:
appraisal of evidence; disclosure of evidence; oral proceedings; personal file; request by a party; subsequent fact; testimony; tribunal;
Judgment 83
14th Session, 1965
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
It follows from Article XII of the Statute of the Tribunal "that the possibility of submitting the question of the validity of the decision given by the Tribunal to the International Court of Justice is exclusively vested in the governing body of [the Organisation] or the administrative board of the pensions fund, as is borne out by the court itself (advisory opinion dated 23 October 1956, ICJ reports, 1956, page 77 and pages 84-85). Such a possibility is open in the sole interest of the organisation [...]. Moreover, the exercise of this right must inevitably lead the governing body to take a stand on the validity of judgments rendered by the Administrative Tribunal."
Reference(s)
ILOAT reference: ARTICLE XII OF THE STATUTE
Keywords:
advisory opinion of icj; competence; executive body; icj; organisation's interest; request by a party; unjspf;
Consideration 5
Extract:
"The Tribunal is not competent to decide on [the complainant's] plea for the quashing of the decision [...] by the Director-General [...] whereby he refused to put before the governing body of [the organisation] a proposal to submit the judgment [in question] to the International Court of Justice."
Keywords:
advisory opinion of icj; competence of tribunal; executive head; icj; refusal; request by a party;
Judgment 66
11th Session, 1962
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The production of monthly reports by the complainant, the contents of which are not disputed, would serve no useful purpose. "On the other hand, the Tribunal requested the organization to produce the general reports submitted by the complainant" and a paper prepared by two other persons. The complainant "was invited to view and identify these documents before the registrar and in the presence of the agent of the organization."
Keywords:
disclosure of evidence; publication; request by a party; tribunal;
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