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Settlement out of court (98,-666)

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Keywords: Settlement out of court
Total judgments found: 56

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  • Judgment 2366


    97th Session, 2004
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "Ordinarily, the process of decision making involves a series of steps or findings which lead to a final decision. Those steps or findings do not constitute a decision, much less a final decision. They may be attacked as part of a challenge to the final decision but they, themselves, cannot be the subject of a complaint to the Tribunal. Occasionally however, what appears to be a single and final decision may embody more than one decision. That will be the case if separate and distinct issues have to be decided. So, too, a decision which does not resolve an entire dispute may nonetheless constitute a final decision if it is a decision on a separate and distinct issue. The present is such a case."

    Keywords:

    absence of final decision; complaint; condition; decision; definition; difference; general principle; iloat; procedure before the tribunal; provisional decision; receivability of the complaint; settlement out of court;



  • Judgment 2316


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

    Consideration 11

    Extract:

    "Res judicata operates to bar a subsequent proceeding if the issue submitted for decision in that proceeding has already been the subject of a final and binding decision as to the rights and liabilities of the parties in that regard. It extends to bar proceedings on an issue that must necessarily have been determined in the earlier proceeding even if that precise issue was not then in dispute. In such a case, the question whether res judicata applies will ordinarily be answered by ascertaining whether one or other of the parties seeks to challenge or controvert some aspect of the actual decision reached in the earlier case."

    Keywords:

    complaint; decision; definition; enforcement; finality of judgment; general principle; intention of parties; judgment of the tribunal; judicial review; organisation's duties; procedure before the tribunal; res judicata; right; same cause of action; same purpose; settlement out of court; staff member's duties; tribunal;



  • Judgment 2315


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

    Consideration 32

    Extract:

    "The Tribunal may, when setting aside a flawed decision not to renew a contract, order renewal for an appropriate term, as was done in Judgments 1298 and 1633. But it does so only if that is clearly the fair course to take. That was the situation in Judgment 1633 where, in practical terms, the question for decision was not whether a contract should be renewed but whether it should be renewed for two or for five years."

    Reference(s)

    ILOAT Judgment(s): 1298, 1633

    Keywords:

    competence of tribunal; condition; contract; decision; equity; flaw; iloat; judgment of the tribunal; non-renewal of contract; period; settlement out of court;



  • Judgment 2312


    96th Session, 2004
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The [EMBL] Staff Rules and Regulations do not provide an internal appeal mechanism for a person in the complainant's position. The Tribunal has frequently commented on the desirability and utility of internal appeal procedures which not only make the Tribunal's task easier but also substantially reduce its workload by bringing a satisfactory and less expensive resolution to many disputes at an earlier stage. In any case, the Tribunal remains the ultimate arbiter of the rights of international civil servants and it can, and will, exercise its jurisdiction in appropriate cases."

    Keywords:

    competence of tribunal; iloat; internal appeal; judicial review; last instance; no provision; official; procedure before the tribunal; recommendation; right; settlement out of court; staff regulations and rules; vested competence;



  • Judgment 2220


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

    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 2129


    93rd Session, 2002
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7-8

    Extract:

    "A steady line of precedent, such as that cited in Judgment 1786, under 5, confirms that when impugning an individual decision that concerns the staff member directly, the latter may challenge the lawfulness of any general measure [...] In this case, the complainants could have challenged the individual application of [the] Information Circular [fixing the rate of their travel per diem] to each of them as long as that circular remained in force. [And as they] did not expressly challenge the individual application of that circular to them in due time, [they] can no longer impugn it. The fact that [they] thought that they might succeed in negotiating an amicable solution and for that reason chose not to appeal does not justify lifting the time bar that applied."

    Reference(s)

    ILOAT Judgment(s): 1786

    Keywords:

    administrative instruction; allowance; case law; cause of action; collective bargaining; complaint; enforcement; general decision; grounds; individual decision; internal appeal; official; rate; receivability of the complaint; right of appeal; settlement out of court; time bar; time limit;



  • Judgment 1938


    88th Session, 2000
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The fact that the [Organization] did not itself invoke [the] arbitration clause during the internal appeals procedure does not prejudice the fact that the two parties freely accepted recourse to arbitration to settle disputes arising out of the application of contractual service agreements, thereby perforce excluding them from the Tribunal's jurisdiction."

    Keywords:

    arbitration; competence of tribunal; internal appeal; settlement out of court;



  • Judgment 1924


    88th Session, 2000
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The complainant accepted a settlement proposal by the organization within the imposed deadline. However, four months went by and he heard nothing more on the subject so he wrote to inquire when the settlement would be effected. One month later he was informed that the organization had learned that certain costs would be higher than it had foreseen, therefore, it preferred that the dispute be decided by the Administrative Tribunal. "Efforts made for the resolution of disputes are to be encouraged and the principle of good faith requires that if an offer is accepted the other party cannot then withdraw from it. The offer [...] should, accordingly, be implemented."

    Keywords:

    acceptance; good faith; intention of parties; offer; offer withdrawn; organisation's duties; promise; settlement out of court; staff member's interest;



  • Judgment 1847


    87th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The question of both legal and translation costs is entirely within the discretion of the Tribunal. Where a valid, sufficient and binding offer to settle is made by a defendant in the course of proceedings, and the complainant continues with the complaint in the face of such an offer, the Tribunal may well deny costs. The Tribunal also notes that in the present case the complainant filed her internal appeal almost immediately and without apparently requesting information from the defendant or from [the insurance company] as to the progress of her claim: she appears to be more interested in litigation than in dealing in good faith with her employer. Parties and their legal advisers should be encouraged to settle their claims and dissuaded from time-wasting disputation."

    Keywords:

    case pending; costs; good faith; no award of costs; settlement out of court; vexatious complaint;



  • Judgment 1699


    84th Session, 1998
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 29

    Extract:

    "The Tribunal does not accept that a request for review precludes a negotiated settlement. There is no reason why a staff member cannot keep to the time limit laid down by the Staff Regulations and Rules and at the same time negotiate. And he will be in a stronger negotiating position if he has lodged a timely appeal."

    Keywords:

    collective bargaining; internal appeal; settlement out of court; staff regulations and rules; time limit;



  • Judgment 1126


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

    Considerations 5-6

    Extract:

    The complainant originally claimed 5001 French francs which she said were mistakenly deducted from her termination indemnity. The Organization having acknowledged its mistake, it paid her the disputed amount after she had filed her complaint. Under the circumstances the Tribunal need not entertain the claim. However, she is entitled to an award of costs.

    Keywords:

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



  • Judgment 1100


    71st Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant challenged the reckoning of her pension in the internal appeal. Having obtained satisfaction after she filed her complaint she withdrew her main claims but presses her claim to moral damages and costs. The Tribunal considers her complaint premature because it challenges a decision which was stated to be provisional, and the withdrawal of her main claim makes her claim to damages void. Nor is she entitled to costs.

    Keywords:

    absence of final decision; case pending; cause of action; no cause of action; provisional decision; receivability of the complaint; settlement out of court;



  • Judgment 1097


    71st Session, 1991
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant's internal appeal contained a claim to a certificate of service in keeping with the Staff Rules. She got one before filing her complaint and therefore has no cause of action.

    Keywords:

    cause of action; certificate of service; no cause of action; receivability of the complaint; settlement out of court;



  • Judgment 1058


    70th Session, 1991
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3-4

    Extract:

    "The basis for the complaint being the staff report for 1984 and that report having been withdrawn, there is no need to rule on the claims filed by the complainant, who has obtained satisfaction. The Tribunal will nevertheless make an award of costs because at the time of filing the complaint was warranted."

    Keywords:

    case pending; cause of action; complaint; costs; exception; settlement out of court;



  • Judgment 1043


    69th Session, 1990
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant submitted an application for execution of Judgment 922 that set aside the decision to dismiss him. The UPU subsequently notified the Tribunal that it had reversed the decision and would offer the complainant compensation. The Tribunal took note of the Union's undertaking and awarded him 10,000 Swiss francs in damages for all the forms of injury he sustained and 1,000 francs towards costs.

    Reference(s)

    ILOAT Judgment(s): 922

    Keywords:

    application for execution; case pending; cause of action; costs; injury; material damages; moral injury; no cause of action; settlement out of court;



  • Judgment 1042


    69th Session, 1990
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    After the UPU notified the reversal of its decision to dismiss the complainant, he no longer had any cause of action. He is nevertheless entitled to an award of costs.

    Keywords:

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



  • Judgment 1003


    68th Session, 1990
    African Training and Research Centre in Administration for Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Before the complaint was filed the Organisation went back on its decision to dismiss him and replaced it by a reprimand. Since the decision "has been withdrawn and has had no effect on his career there is no cause of action and his complaint is irreceivable."

    Reference(s)

    ILOAT Judgment(s): 792

    Keywords:

    cause of action; lack of injury; no cause of action; receivability of the complaint; settlement out of court; termination of employment;



  • Judgment 986


    67th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    "A decision taken after the one impugned may, if more favourable, repeal it with retroactive effect, the decision- maker being empowered to withdraw the earlier decision so long as he does not thereby offend against the rights of any third party. The withdrawal may be likened to reversal, and if there happens to be an appeal pending there will be no cause of action."

    Keywords:

    acquired right; consequence; limits; settlement out of court; withdrawal of decision;



  • Judgment 934


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

    Consideration 3

    Extract:

    The complainant invites the Tribunal to declare the two reprimands imposed on him void ab initio. The claim to have the first declared void is res judicata, the Tribunal having already dismissed it in its Judgment no. 801 because the decision had been previously withdrawn. As the second reprimand has also been withdrawn, the Tribunal dismisses the claim to have it declared void as well.

    Reference(s)

    ILOAT Judgment(s): 801

    Keywords:

    application for quashing; cause of action; censure; no cause of action; res judicata; settlement out of court;



  • Judgment 931


    65th Session, 1988
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The Director-General of CERN decided on the strength of a report by the Joint Advisory Appeals Board to allow the complainant's internal appeal and so informed him by [...] letter [...] the decision was later put into effect. The Tribunal therefore need not rule on the main heads of claim, which have been met."

    Keywords:

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

    Summary

    Extract:

    The complainant contends that he was entitled to costs inasmuch as he was granted satisfaction pendente lite and because his complaint was receivable at the date of filing. The Tribunal holding that his appeal was premature and therefore irreceivable, his claim for costs fails.

    Keywords:

    absence of final decision; case pending; costs; failure to answer claim; internal remedies exhausted; receivability of the complaint; settlement out of court; time limit;

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Last updated: 11.01.2021 ^ top