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Administrative decision (708,-666)

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Keywords: Administrative decision
Total judgments found: 26

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  • Judgment 3833


    124th Session, 2017
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of her request for reclassification of her post.

    Consideration 2

    Extract:

    [E]stablished precedent has it that pay slips are individual decisions that may be challenged before the Tribunal (see, for example, Judgments 1798, under 6, and 3614, under 7).

    Reference(s)

    ILOAT Judgment(s): 1798, 3614

    Keywords:

    administrative decision; pay slip;



  • Judgment 3761


    123rd Session, 2017
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge a circular that implements amendments to the Rules of the Medical Benefits Fund.

    Consideration 14

    Extract:

    [I]n the context of determining the receivability of the complaints, it is an administrative decision of general application. In general, this type of decision is not subject to challenge until an individual decision adversely affecting the individual involved has been taken. However, there are exceptions where the general decision does not require an implementing decision and immediately and adversely affects individual rights. In the present case, the impugned decision directly and adversely affects the complainantsí rights as it precludes the complainantsí important right to participate in the decision-making process [Ö]. As the complaints satisfy the requirements of Article II of the Tribunalís Statute, they are receivable.

    Reference(s)

    ILOAT reference: Article II of the Statute

    Keywords:

    administrative decision; general decision; receivability of the complaint;



  • Judgment 3749


    123rd Session, 2017
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks reimbursement of additional income tax paid by her husband.

    Consideration 5

    Extract:

    [A]ccording to the Tribunalís case law, an administrative decision may take any form if its existence may be inferred from a factual context demonstrating that it was indeed taken by an officer of the organisation, as is the case here (see, in particular Judgments 2573, under 8, 2629, under 6, and 3141, under 21).

    Reference(s)

    ILOAT Judgment(s): 2573, 2629, 3141

    Keywords:

    administrative decision; decision; definition; receivability of the complaint;



  • Judgment 3538


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge their April 2007 payslip showing an increase in their pension contributions.

    Consideration 12

    Extract:

    It is often the case that a court will be required to adjudicate on an issue where the opinion of an expert is an essential element in determining the outcome. Obvious examples would be the cause of illness and the prognosis of a staff member claiming some type of sickness benefit or sickness leave. Expert medical opinions would ordinarily underpin a courtís determination of whether an entitlement to the benefit or leave was established. It would be in rare cases indeed that a court would determine such issues on the basis of arguments advanced by non-experts in the field in question, however intelligent or knowledgeable they may be in other fields of human endeavour.

    Keywords:

    administrative decision; medical examination; medical opinion;



  • Judgment 3141


    113th Session, 2012
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    However, such anomalies cannot prevent a decision from being challenged, because international organisations would otherwise be able to avoid any appeal against a decision by not adopting it in writing, or by not notifying it in the prescribed manner, which would have harmful effects. Furthermore, the case law of the Tribunal has it that an administrative decision may take any form and that, even if it is not put in writing, its existence may be inferred from a factual context demonstrating that it was indeed taken by an officer of the organisation (see, in particular, Judgments 2573, under 8, or 2629, under 6). It is well established that any act by an officer of an organisation which has a legal effect constitutes a challengeable decision (see, for example, Judgments 532, under 3, and 1674, under 6(a), or the aforementioned Judgment 2573, under 10).

    Reference(s)

    ILOAT Judgment(s): 532, 1674, 2573, 2573

    Keywords:

    administrative decision; internal remedies exhausted;



  • Judgment 2951


    109th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "An appeal against a decision which has recurring effects cannot be time-barred: each month in which the complainant receives her payslip, in accordance with her step-in-grade assignment, must be considered a source of a new cause of action (see Judgment 978, under 8)."

    Reference(s)

    ILOAT Judgment(s): 978

    Keywords:

    administrative decision; cause of action; continuing breach; internal appeal; late appeal; pay slip; time bar; time limit;

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Last updated: 02.12.2021 ^ top