Tribunal (101, 106, 107, 963,-666)
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Keywords: Tribunal
Total judgments found: 122
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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;
Judgment 507
48th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The decisions of the Supreme Court are not of course binding on the Tribunal, but this does not mean that they cannot be used as an aid to interpretation. When a court or tribunal has to interpret a clause it is always permissible for it to consider how the same clause has been interpreted by other courts and tribunals who can speak with authority."
Keywords:
interpretation; judgment of the tribunal; municipal court; tribunal;
Consideration 4
Extract:
"Having regard to the fact that the clause [which reproduces an article of the Chilean Labour Code] is in Spanish, a language with which the Tribunal is not familiar, and has to be applied to conditions in Chile with which likewise the Tribunal is not familiar, the Tribunal would be foolish if it did not attach great weight to the observations of a supreme court which is familiar with both. Moreover, the basic idea of the Supreme Court's interpretation [...] appears to the Tribunal to accord very well with the object of the clause."
Keywords:
acceptance; domestic law; interpretation; municipal court; tribunal;
Judgment 499
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The organisation confined itself to procedural issues. If the defendant considers the complaint to be clearly vexatious, it may apply to the Tribunal, before filing its memorandum, for permission to confine its arguments to the decisive point. "Otherwise [the defendant] will incur the danger that, instead of adjourning, as in the present case, the Tribunal declare the allegations of fact in the complaint to be established."
Keywords:
acceptance; case sent back to organisation; condition; further submissions on the merits; reply confined to receivability; tribunal;
Judgment 483
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The internal appeals body did not respect the complainant's right to a hearing. In this case "not only has the complainant had every opportunity to state her case in these proceedings but the Tribunal will decide proprio motu the points on which the Appeals Committee heard evidence from the officials [without the parties' knowledge]. The flaw in the appeal proceedings is therefore of no consequence and is to be regarded as corrected by the present proceedings.
Keywords:
disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;
Judgment 480
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The Tribunal regards "the true measure of the complainant's loss" as the amount of the pension to which he is entitled. "If the parties cannot agree upon this actuarial calculation or upon an actuary whose calculation they would accept, the matter must come back to the Tribunal, which, acting under Article 11 of the Rules of Court, will appoint an expert to fix the sum."
Reference(s)
ILOAT reference: ARTICLE 11 OF THE RULES
ILOAT Judgment(s): 427
Keywords:
amount; damages; expert inquiry; injury; tribunal;
Judgment 476
47th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The right to a hearing includes the opportunity to take part in the deposition of evidence. "The Appeals Committee ought to have summoned the complainant and a representative of the organization to attend when the expert witness gave evidence. [...] This flaw in the internal appeal proceeding had no effect, however." The expert witness expressed views solely on the nature of the complainant's former and new posts. This is a point which has been fully elucidated in the proceedings before the Tribunal. Neither the statements of the expert witness nor the conclusions of the Committee can therefore have any effect on the Tribunal's decision.
Keywords:
adversarial proceedings; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;
Judgment 465
47th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal disallows the [organisation's] application for a full or partial award of costs against the complainant."
Keywords:
costs; counterclaim; refusal; tribunal;
Judgment 459
46th Session, 1981
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Either the view is taken that the contract may be amended only by common consent of the parties, and the Tribunal may not require any amendment of the contract. In that case, [as] the organization has refused [the amendment submitted by the complainant], the Tribunal may not interfere. The alternative view is that the Tribunal may have the parties make the amendments required by the application of the principle of good faith".
Keywords:
amendment to the rules; contract; good faith; tribunal;
Judgment 408
44th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The decision in this case turns at least as much on appraisal of oral statements as on that of written evidence, and the Tribunal would be hard put to pass judgment without knowing the [Appeals] Board's views. The appeal to the Board is therefore no empty formality."
Keywords:
internal appeal; internal appeals body; internal remedies exhausted; purpose; recommendation; tribunal;
Judgment 397
43rd Session, 1980
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Although the complainant's argument was endorsed by the Appeal Board and did perhaps have some truth in it, it is not borne out by sufficient evidence for the Tribunal to find that the Secretary-General drew clearly mistaken conclusions from the facts."
Keywords:
binding character; consequence; internal appeals body; judgment of the tribunal; recommendation; tribunal;
Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
To establish that there was a promise to negotiate, the complainants rely upon the facts and reasoning contained in an opinion given personally by the members of the Tribunal. In this opinion the members, who were not confined within the limits of the Tribunal's jurisdiction, reached the conclusion that the agreement recognised that there would be prior negotiation. "The Tribunal sees no reason to differ from this conclusion." The complainants have thus justified the foundation of their statements concerning their promise to negotiate.
Keywords:
advisory opinion; collective bargaining; competence of tribunal; iloat; promise; staff union agreement; tribunal;
Judgment 365
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Although there have been no oral proceedings, there are no grounds for allowing the complainants' application for permission to submit a further memorandum. The complaints raise purely legal questions which can be settled on the basis of the written evidence alone. The complainants ought to have been aware of that, and in their original memoranda put forward all the pleas which they thought relevant to their case."
Keywords:
additional written submissions; complainant; refusal; tribunal;
Judgment 361
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"In a special application annexed to the rejoinder and made under Article 14 of the Rules of court the complainant has indicated the names and descriptions of 16 witnesses whom he desires to reply in writing to the questions he has framed; he has divided these names into three categories. The Tribunal refuses the application [...] for the reasons which will appear [in paragraphs 26 and 31 of the judgment] and [...] because the questions framed are not relevant to any issue which the Tribunal has to decide."
Reference(s)
ILOAT reference: ARTICLE 14 OF THE RULES
Keywords:
refusal; testimony; tribunal;
Judgment 349
40th Session, 1978
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 34
Extract:
"The organisation asks the Tribunal to order the complainant and the interveners to pay an equitable contribution towards the lawyers' fees incurred by the organisation. It is true that the organisation has succeeded against the interveners and on some of the claims made by the complainant. But it has never been the practice of the Tribunal to order the complainant to pay the whole or any part of an organisation's costs even when the claim has entirely failed."
Keywords:
counsel; no award of costs; organisation; practice; refund; tribunal;
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
Consideration 2
Extract:
The Tribunal hears the complaints submitted to it on the basis of Staff Regulations and Staff Rules. "In reaching its decisions it construes such texts by the accepted methods of legal interpretation. It also draws upon general principles of law in so far as they may apply to the international civil service. It takes no account of municipal law, however, except insofar as such law embodies those principles."
Keywords:
applicable law; case law; domestic law; enforcement; exception; general principle; tribunal;
Judgment 280
37th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"In the present case the Tribunal can exercise its power of review in the light of the documents produced in the proceedings. There is therefore no need to hear witnesses, as the complainant has asked."
Keywords:
oral proceedings; refusal; tribunal;
Judgment 245
33rd Session, 1974
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Although the complainant has not expressly put forward this argument [unwarranted conclusions drawn from the evidence], the Tribunal feels bound to consider it since its jurisdiction requires it to apply the law."
Keywords:
application of law ex officio; mistaken conclusion; tribunal;
Judgment 236
32nd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"It has for many years past been the practice of the Tribunal to allow oral proceedings only in exceptional cases [...] The argument which the complainant wishes to advance at an oral hearing [does] not touch upon the issue of receivability upon which [...] the Tribunal decides this case. The request is therefore refused."
Keywords:
exception; oral proceedings; refusal; tribunal;
Judgment 226
32nd Session, 1974
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
After the period of probation, the complainant was dismissed. "As to the claim for compensation, on which judgment was reserved in Judgment No. 194, the Tribunal considers that the sum [...] offered by the Director-General in his letter [...] is sufficient and therefore decides to award that sum to the complainant."
Reference(s)
ILOAT Judgment(s): 194
Keywords:
acceptance; amount; offer; organisation; probationary period; terminal entitlements; termination of employment; tribunal;
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