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Tribunal (101, 106, 107, 963,-666)

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Keywords: Tribunal
Total judgments found: 121

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  • Judgment 954


    66th Session, 1989
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The Tribunal concludes that the written submissions suffice and that there is no need to take oral evidence from the complainant."

    Keywords:

    oral proceedings; refusal; tribunal;



  • Judgment 935


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

    Consideration 4

    Extract:

    "The complainant questions the impartiality of the President of the Tribunal on the grounds that the President allowed the EPO's application for permission to confine its reply to the issue of receivability. The President took that decision by virtue of his general authority to direct proceedings. Even when the President has granted permission to reply only on receivability the Tribunal may still declare a complaint receivable and order further pleadings on the merits, as indeed it did in Judgment 852."

    Reference(s)

    ILOAT Judgment(s): 852

    Keywords:

    bias; competence of tribunal; procedure before the tribunal; recusal; reply confined to receivability; tribunal;



  • Judgment 934


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

    Consideration 8

    Extract:

    "The Tribunal [...] deplores the complainant's manner of pleading. [...] His rejoinder contains accusations and remarks that are offensive to everyone concerned, including members of the Tribunal when they do not agree with him."

    Keywords:

    composition of the internal appeals body; recusal; tribunal;



  • Judgment 933


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

    Consideration 9

    Extract:

    "The Tribunal deplores the complainant's manner of pleading. [...] His rejoinder contains accusations and remarks that are offensive to everyone concerned, including members of the Tribunal when they do not agree with him."

    Keywords:

    composition of the internal appeals body; recusal; tribunal;



  • Judgment 925


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

    Consideration 9

    Extract:

    "The complainant's application for joinder is disallowed. Although this and his first and third complaints all arise out of disputes with the scheme, they raise different issues of fact and of law, so that the conditions for joinder are not met."

    Keywords:

    condition; joinder; refusal; tribunal;



  • 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 3

    Extract:

    "The ILO further submits that, having made no award of interest, the Tribunal may be deemed to have declined to do so. The plea is mistaken. To allow it would be to infer legal effect from the Tribunal's refusing or failing to rule. That would be quite wrong since there can be no implied decision to dismiss a claim when dismissal is not the necessary outcome of the judgment."

    Reference(s)

    ILOAT Judgment(s): 792

    Keywords:

    consequence; effect; interest on damages; judgment of the tribunal; refusal; tribunal;



  • Judgment 852


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Faced with the administration's failure to take action on the basis of the Appeals Committee's report, the complainant filed a complaint within the three-month time limit set by Article VII of the Statute of the Tribunal. The final decision was later taken, after the expiry of the time limits in the Service Regulations. It follows that the organisation's objections to receivability must be dismissed. The proceedings shall resume on the merits.

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    case pending; case sent back to organisation; decision; failure to answer claim; further submissions on the merits; late decision; procedure before the tribunal; receivability of the complaint; refusal; reply confined to receivability; tribunal;



  • Judgment 775


    60th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "If an internal appeal was time-barred and the internal appeals body was wrong to hear it, the Tribunal will not entertain a complaint challenging the decision taken on a recommendation by that body."

    Keywords:

    advisory opinion; complaint; decision; internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint; recommendation; time bar; time limit; tribunal;



  • Judgment 706


    57th Session, 1985
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    In Judgment 607 the Tribunal decided that the complainant had the right to a medical leave as of 1 April 1981 and sent him back to the organization for it to set, after a medical inquiry, the duration of the leave. "The Tribunal concludes that, contrary to its own wishes and to the Director-General's instructions, the organization made a decision without consulting the complainant and refused to discuss questions of fact. To settle the matter once and for all the Tribunal will increase the period of leave from six to nine months, i.e. from 1 April to 31 December 1981."

    Reference(s)

    ILOAT Judgment(s): 607

    Keywords:

    execution of judgment; judgment of the tribunal; organisation; refusal; sick leave; tribunal;



  • Judgment 702


    57th Session, 1985
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "From all the evidence in the dossier the Tribunal concludes that the work done for the PAHO by the complainant over more than eleven years was a continuous whole and that its division into contractual periods as a short-term consultant was fictitious. The mutual intention, formed, if not at the beginning, then at the latest by 1976, was that the complainant should be employed for as long as his services were required and he was willing to give them."

    Keywords:

    external collaborator; intention of parties; interpretation; short-term; successive contracts; tribunal;



  • Judgment 701


    57th Session, 1985
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    See Judgment 702, consideration 9.

    Reference(s)

    ILOAT Judgment(s): 702

    Keywords:

    external collaborator; intention of parties; interpretation; short-term; successive contracts; tribunal;



  • Judgment 623


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

    Considerations

    Extract:

    "No purpose would be served by hearing the [witness]. The written evidence includes several letters by him about the complainant's case which fully explain his position on the matters in dispute."

    Keywords:

    oral proceedings; refusal; tribunal;



  • Judgment 611


    53rd Session, 1984
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    There is no need to determine whether the refusal to allow the complainant to file a second rejoinder during the internal proceedings violated his right to a fair hearing. "Any defect there was must be deemed to have been removed by the present proceedings before the Tribunal. [...] Since the complainant is free to comment on any such issue before the Tribunal he has had sufficient opportunity to put his case properly, even if the Appeals Board did not fully respect his rights as a party."

    Keywords:

    flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;



  • Judgment 595


    51st Session, 1983
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant, whose contract was terminated for health reasons, declined to allow access to his medical file, he applies for an expert inquiry. "This claim [...] fails. The Tribunal is never bound to order such an inquiry". The Tribunal does not believe an inquiry necessary to ascertain the truth. "In coming to that view it is not making an appraisal of fact which is outside the competence of its members; this is no more than the consequence in law of the fact of the complainant's refusal to allow disclosure of the medical file."

    Keywords:

    complainant; expert inquiry; health reasons; medical examination; refusal; request by a party; termination of employment; termination of employment for health reasons; tribunal;



  • Judgment 579


    51st Session, 1983
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The grounds upon which the complainant seeks review, viz. the error of his being placed by the Selection Committee in [a particular category], the failure of the Selection Committee to screen his case properly and the refusal of the Tribunal to summon witnesses whom the complainant did not call at the hearing by the [Internal Appeal Board], are not grounds for review."

    Keywords:

    application for review; inadmissible grounds for review; misinterpretation of the facts; oral proceedings; refusal; tribunal;



  • Judgment 574


    51st Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The Tribunal observes that the defendant is under a duty to enable the court to render a complete decision on the dispute. If the party who is the defendant takes the view that the complaint should be rejected because it is clearly vexatious, he may apply to the Tribunal, before filing the reply, for permission to confine his arguments to that point. Otherwise he will incur the danger that the Tribunal declare the allegations of fact in the complaint to be established."

    Keywords:

    acceptance; condition; consequence; organisation's duties; reply confined to receivability; submissions; tribunal;



  • Judgment 570


    51st Session, 1983
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The plea correctly regards [the national] law as a question of fact. It is not binding on the Tribunal and its relevance in this case is not an aid to the interpretation of the contract between the parties."

    Reference(s)

    ILOAT Judgment(s): 507, 508

    Keywords:

    applicable law; contract; domestic law; enforcement; interpretation; tribunal;



  • Judgment 550


    50th Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "In her rejoinder the complainant asks the Tribunal to hear this complaint together with another she has filed but in which the written proceedings are not completed. Thus she would like the Tribunal to postpone the hearing of this case." She subsequently suggests joining the two complaints with another yet to be filed. The Tribunal "will deliver a separate judgment on the present case, which raises distinct and quite separate issues, and it reserves its decision on the joinder of subsequent complaints."

    Keywords:

    complainant; complaint; joinder; refusal; request by a party; tribunal;



  • Judgment 536


    49th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "One of [the complainant's] arguments is that the Tribunal was not correctly constituted when it delivered Judgment No. 404" and that because of various other defects the judgment is null and void. "This is a plea she might have put forward in the written proceedings in her fourth complaint, which culminated in Judgment No. 442. It is therefore not admissible."

    Reference(s)

    ILOAT Judgment(s): 404, 442

    Keywords:

    application for review; composition of the internal appeals body; inadmissible grounds for review; recusal; tribunal;

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Last updated: 06.02.2023 ^ top