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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 216


    31st Session, 1973
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The internal procedure and the procedure before the Administrative Tribunal are connected, the former being a necessary prelude to the latter. Subject to any provisions to the contrary in its own Statute, therefore, the Administrative Tribunal is competent to hear any cases which are referable to the internal appeals body."

    Keywords:

    competence; competence of tribunal; internal appeals body; tribunal;



  • Judgment 207


    30th Session, 1973
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "As an international official, [the complainant] cannot validly claim before the present Tribunal the protection of a law of amnesty adopted by the French parliament."

    Keywords:

    complainant; domestic law; enforcement; refusal; request by a party; tribunal;

    Considerations

    Extract:

    "[T]he complainant is not legally obliged, particularly in a disciplinary case, to disprove the charges against him, since it is materially impossible for him to do so, and it is for the Tribunal to judge, in the light of the evidence submitted by the two parties", whether the charges are borne out.

    Keywords:

    appraisal of evidence; burden of proof; disciplinary measure; disciplinary procedure; disclosure of evidence; evidence; misconduct; tribunal;



  • Judgment 204


    30th Session, 1973
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary of facts (J)

    Extract:

    "The Tribunal has disregarded the complainant's four additional memoranda [...] addressed to the Registrar of the Tribunal after the complainant had been informed that the proceedings were closed."

    Keywords:

    additional written submissions; admissibility of evidence; closure of written proceedings; refusal; tribunal;



  • Judgment 191


    28th Session, 1972
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Noting the confidential nature of the documents which it ordered to be disclosed, the Tribunal "decided not to communicate them to the complainant and merely informed him of the tentative conclusions which it had drawn from them. [...] After further consideration, however, the Tribunal reached its decision without relying on these documents."

    Keywords:

    appraisal of evidence; confidential evidence; disclosure of evidence; request by a party; tribunal;



  • Judgment 181


    27th Session, 1971
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "[T]he Director-General was at fault in ruling that the complainant's appeal to the Appeals Board was time-barred [...]. The decision impugned must accordingly be quashed." The case is referred back to the organization for a decision on the merits.

    Keywords:

    case sent back to organisation; decision quashed; further submissions on the merits; internal appeal; receivability of the complaint; refusal; reply confined to receivability; time bar; tribunal;



  • Judgment 158


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    In asking the Tribunal to endorse the recommendations of the Appeals Committee, "the complainant has misunderstood the respective role of these two bodies. The Board of Inquiry and Appeal, as an advisory body, may take into account considerations of expediency, whereas the Tribunal, as a judicial organ, must confine itself to considering whether the decision impugned is in conformity with the applicable rules."

    Keywords:

    advisory body; competence; competence of tribunal; complainant; difference; enforcement; internal appeals body; recommendation; request by a party; tribunal;



  • Judgment 132


    21st Session, 1969
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant seeks to have the report of the legal adviser on the tense situation in a regional office, as a result of which he was transferred, disclosed in full. The report was communicated to the Tribunal with the exception of certain passages regarded as confidential. "In the circumstances of the case the Tribunal considers it unnecessary for the establishment of the fact to order that the omitted passages should be produced."

    Keywords:

    appraisal of evidence; complainant; confidential evidence; disclosure of evidence; request by a party; tribunal;



  • Judgment 131


    21st Session, 1969
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The inquiry requested by the complainant in regard to the persons who cast doubt on his state of mental health would be justified only if it would help to establish facts relevant to the disposal of the complaint."

    Keywords:

    complainant; condition; illness; inquiry; investigation; refusal; request by a party; submissions; tribunal;



  • Judgment 115


    18th Session, 1967
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "At the request of [the] complainant [...], the Tribunal ordered [the witness to] be heard [...] and [the complainant's] personal file [to be disclosed]. The Tribunal considered, however, that the delivery of [the] complainant's medical file and of a document concerning events subsequent to the filing of the complaint was unnecessary for the disposition of the case."

    Keywords:

    appraisal of evidence; disclosure of evidence; oral proceedings; personal file; request by a party; subsequent fact; testimony; tribunal;



  • Judgment 110


    17th Session, 1967
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Neither the fact that two of the judges that sat in the case [...] disposed of by Judgment No. 70 have been called upon to hear a further case brought by the same complainant, nor the fact that one of these judges is of Swiss nationality and sits on the Supreme Court of his own country, can in itself be regarded as valid grounds for objection to these judges."

    Reference(s)

    ILOAT Judgment(s): 70

    Keywords:

    composition of the internal appeals body; grounds; recusal; tribunal;



  • Judgment 105


    17th Session, 1967
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Vide Judgment 110, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 110

    Keywords:

    composition of the internal appeals body; grounds; recusal; tribunal;



  • Judgment 102


    17th Session, 1967
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Vide Judgment 110, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 110

    Keywords:

    composition of the tribunal; grounds; objection to the composition of the tribunal; recusal; tribunal;



  • Judgment 101


    17th Session, 1967
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    See Judgment 110, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 110

    Keywords:

    composition of the internal appeals body; grounds; recusal; tribunal;



  • Judgment 100


    17th Session, 1967
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Vide Judgment 110, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 110

    Keywords:

    composition of the internal appeals body; grounds; recusal; tribunal;



  • Judgment 92


    16th Session, 1966
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The organization transmitted to the complainant the findings of the internal appeals body, to the exclusion of its reasons. "As a result of the production of the full report during the present proceedings the complainant has been able to rely on it to submit any arguments which she considered suitable to support her claim. It follows that, while the right to be heard was ignored, at the administrative proceedings stage, this did not in fact affect the sense of the decision complained of and [...] does not involve the quashing of that decision."

    Keywords:

    case pending; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; organisation; procedural flaw; report; right to reply; tribunal;



  • Judgment 87


    15th Session, 1965
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The complainant's counsel, after the close of the last public hearing, submitted ten documents which had not been communicated to the agent of the organization and upon which he therefore had no opportunity to comment. In conformity with the principle that each party shall be fully heard on all the evidence admitted, these documents were excluded from the dossier on which the Tribunal took its decision."

    Keywords:

    adversarial proceedings; closure of written proceedings; disclosure of evidence; receivability of the complaint; refusal; time limit; tribunal;



  • Judgment 66


    11th Session, 1962
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The production of monthly reports by the complainant, the contents of which are not disputed, would serve no useful purpose. "On the other hand, the Tribunal requested the organization to produce the general reports submitted by the complainant" and a paper prepared by two other persons. The complainant "was invited to view and identify these documents before the registrar and in the presence of the agent of the organization."

    Keywords:

    disclosure of evidence; publication; request by a party; tribunal;



  • Judgment 57


    10th Session, 1962
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Preamble and Material Facts

    Extract:

    Considering the complaint and the reply of the organization to the preliminary conclusion put forward in the said complaint, whereby the complainant requests that the Tribunal "should order the publication of the [document] to be suspended pending a judgment on the legality of the decision impugned. in view of their urgency and their contents, the preliminary conclusions call for an immediate decision."

    Keywords:

    interlocutory order; publication; refusal; tribunal;



  • Judgment 33


    7th Session, 1958
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The offer to pay the complainant compensation for the moral and material prejudice he suffered equivalent to six months' salary together with allowances has been maintained before the Tribunal; "the fact that the Director-General admitted the principle of granting compensation to the complainant in respect of the prejudice caused to him was such as to lead the complainant to file his complaint; [...] taking into account the particular circumstances of the case it appears justified that, as an exceptional measure, the complainant be granted compensation by way of participation in his costs."

    Keywords:

    acceptance; compensation; costs; exception; injury; material injury; moral injury; offer; organisation; settlement out of court; tribunal;



  • Judgment 26


    6th Session, 1957
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complaint is tardy and irreceivable. The complainant, recruited for one month, suffered an accident. "The [...] organization has offered, and maintained its offer in the course of the oral proceedings, to pay the complainant [a] sum [...] amounting to six weeks' salary in fulfillment of its obligations to the complainant. Notwithstanding the fact that the complaint is irreceivable [...], the Tribunal, [...] noting that such payment is offered to the complainant [by the organization], rejects the complaint."

    Keywords:

    acceptance; compensation; complaint; offer; organisation; professional accident; receivability of the complaint; service-incurred; time bar; tribunal;

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Last updated: 06.02.2023 ^ top