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No cause of action (93,-666)

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Keywords: No cause of action
Total judgments found: 74

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  • Judgment 684


    57th Session, 1985
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant asks the Tribunal to declare that a staff report on his performance is contrary to certain rules and not objective. The Tribunal dismisses the complaint inasmuch as no injury resulted from the acts which the complainant puts forward and he is no longer in the employ of the organisation.

    Reference(s)

    ILOAT Judgment(s): 637, 638, 639

    Keywords:

    cause of action; lack of injury; no cause of action; performance report; separation from service;



  • Judgment 639


    54th Session, 1984
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant is claiming payment of his salary in full until such time as it is replaced with a pension. In his rejoinder, he acknowledges having obtained satisfaction. His claim is therefore devoid of substance.

    Keywords:

    case pending; cause of action; no cause of action; settlement out of court;



  • Judgment 638


    54th Session, 1984
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    In view of certain measures which have been taken, the complainant's claims "have no substance and the Tribunal need not rule on them."

    Keywords:

    case pending; cause of action; no cause of action; settlement out of court;



  • Judgment 587


    51st Session, 1983
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The organization was [...] quite free to revoke the decision cancelling the complainant's right to benefit as a fund participant. Since he is thereby reinstated in the rolls there is no substance to his claim for the quashing of the decision to remove him, nor to his related claims [...] These are matters on which the Tribunal need not rule."

    Keywords:

    cause of action; no cause of action; settlement out of court; withdrawal of decision;



  • Judgment 557


    50th Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3(C) and 4(C)

    Extract:

    The complainant is seeking the disclosure of all confidential minutes exchanged between the units of the administration. The organisation "maintains that there are no secret minutes besides those which have been filed in the dossier. The Tribunal accepts this, and [the relevant claim] therefore fails."

    Keywords:

    cause of action; confidential evidence; disclosure of evidence; interlocutory order; no cause of action; order; request by a party;



  • Judgment 500


    48th Session, 1982
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant's subsidiary claim is for money due by way of family allowance. The organisation "says that it has paid the amount to the complainant and submits that there is no cause of action. Since the complainant has filed no rejoinder, he presumably does not challenge the statement and there being no cause of action, the claim fails."

    Keywords:

    cause of action; no cause of action; payment; settlement out of court;



  • Judgment 393


    43rd Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant requests the cancellation of procedures by which a candidate for the material post was selected and appointed. "The organization has acknowledged - and rightly so - that the procedures were irregular. Thus, insofar as the complainant wishes to have them cancelled, her complaint no longer has any foundation. She has now to co-operate fully with the organization in the review of the [...] classification of her post."

    Keywords:

    appointment; cause of action; competition; flaw; no cause of action; procedural flaw; settlement out of court;



  • Judgment 330


    39th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant seeks disclosure of "'documents in his file which may have prompted his exclusion'. [...] For want of clearer information the Tribunal supposes that the documents the complainant means are his performance reports, but since he himself signed them he must have been fully aware of their contents."

    Keywords:

    cause of action; complainant; disclosure of evidence; no cause of action; personal file; request by a party; vague claim;



  • 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 317


    39th Session, 1977
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The organisation and the Provident Scheme jointly concluded a contract with the complainant. "According to Article VII of its Statute the Tribunal hears complaints which challenge decisions and decisions alone, and that excludes contracts, for example. Unless the complainant is impugning a decision her complaint is irreceivable. If the complainant wished to avoid or vary the contract [...] she ought first to have asked the other parties and called for decisions from them on the matter. Those are the only kind of decisions she might have impugned before the Tribunal."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    application for quashing; cause of action; competence of tribunal; condition; contract; iloat statute; no cause of action; receivability of the complaint;



  • Judgment 303


    38th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainants contend that they were not informed of the criteria and recommendations for promotions drawn up by the Careers Committee. The requested documents have been circulated to the staff and this grievance therefore fails. "The texts were notified after the original memoranda, but before the rejoinders had been lodged: [...] the complainants were able to refer to those texts in the course of the proceedings and so their right to a hearing has not been infringed."

    Keywords:

    case pending; criteria; disclosure of evidence; no cause of action; promotion board; right to reply;



  • Judgment 301


    38th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Vide Judgment 303, consideration 2.

    Reference(s)

    ILOAT Judgment(s): 303

    Keywords:

    case pending; criteria; disclosure of evidence; no cause of action; promotion board; right to reply;



  • Judgment 276


    37th Session, 1976
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Decision

    Extract:

    The Director-General having initiated the procedure which the complainant requested, his satisfaction has thus been obtained. The "complaint being devoid of substance, no decision is called for thereon."

    Keywords:

    case pending; cause of action; no cause of action; settlement out of court;



  • Judgment 261


    35th Session, 1975
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The complaint does not relate to any non-observance by the organization of the complainant's terms of appointment and consequently this claim falls outside the Tribunal's jurisdiction. It is therefore unnecessary to consider whether or not it is time-barred."

    Keywords:

    breach; cause of action; claim; competence of tribunal; complaint; consequence; no cause of action; organisation; receivability of the complaint; terms of appointment; time bar;



  • Judgment 224


    31st Session, 1973
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Insofar as [the complainant] is claiming compensation on account of circumstances or actions of the [organisation] subsequent to [the date of expiry of his contract], he had at [that time] severed all his ties with [the organisation] and the dossier shows no trace of action by [the organisation] subsequent to [the material date] which might have arisen out of previous action or caused further injury to a former staff member who was no longer employed by [the organisation]."

    Keywords:

    cause of action; consequence; lack of injury; locus standi; no cause of action; separation from service; subsequent fact;



  • Judgment 221


    31st Session, 1973
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "A decision impugned is the foundation of the Tribunal's competence under its Statute; and if none is impugned, it has no competence."

    Keywords:

    cause of action; competence of tribunal; decision; iloat statute; no cause of action; receivability of the complaint;



  • Judgment 208


    30th Session, 1973
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The improprieties alleged by the complainant relate to posts put up for competition subsequently to his appointment, i.e. to procedures to which he was not a party. An official is not, however, entitled to complain of procedures in which he is not involved [...] In the present case the Tribunal is not called upon to consider the allegation of improprieties of procedure."

    Keywords:

    cause of action; competition; flaw; lack of injury; no cause of action; procedural flaw;

    Consideration 3

    Extract:

    "The complainant may not [...] properly rely upon the failure to publish [recruitment] standards which apply to staff members recruited after his own appointment and which therefore do not directly concern him."

    Keywords:

    amendment to the rules; duty to inform; lack of injury; no cause of action; non-retroactivity; provision; receivability of the complaint; staff regulations and rules; terms of appointment;



  • Judgment 196


    29th Session, 1972
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant seeks transfer to any D.1 post compatible with his qualifications and experience. As stated, the claim must be dismissed. "While [...] the complainant is entitled to resist the refusal to appoint him to a specific post which has been put up for competition, he cannot claim to be appointed to any D.1 post without the appointing authority having had the opportunity to appraise the various candidates who might have applied."

    Keywords:

    assignment; cause of action; no cause of action; receivability of the complaint; request for transfer;



  • Judgment 193


    29th Session, 1972
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    None of the claims for compensation are sustainable "except as an element of damage flowing from some unlawful decision by the Director-General." In the present case, certain irregularities were committed and remedied; they were not of a character to invalidate the decision to transfer which the complainant did not contest at the time it was made. He also accepted a subsequent transfer. The complaint is dismissed.

    Keywords:

    acceptance; cause of action; flaw; lack of injury; no cause of action; purpose; transfer;



  • Judgment 189


    28th Session, 1972
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Whether the complainant did all that [could reasonably be expected of him] to comply with his obligations [under the rule respecting the submission of periodic reports in the event of illness] is open to doubt." The organization had offered to credit the complainant with four days' pay described as "special leave"; the complainant wanted "sick leave pay". The offer was sensible and reasonable and "the making of it left the claim without substance unless it could be said that some question of principle was involved. In the opinion of the Tribunal there is no such question."

    Keywords:

    cause of action; illness; lack of injury; no cause of action; offer; organisation; refusal; sick leave; special leave; staff member's duties;

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Last updated: 07.03.2024 ^ top