Judgment of the Tribunal (120, 22, 23, 121, 122, 123, 690, 871, 124, 125, 126, 842, 128, 129, 130, 131, 132, 127, 133, 134, 745, 135, 136, 137, 138, 139, 672, 825, 826, 140, 315, 644, 650, 676, 689, 692, 693, 665, 740, 886, 914,-666)
You searched for:
Keywords: Judgment of the Tribunal
Total judgments found: 144
< previous | 1, 2, 3, 4, 5, 6, 7, 8 | next >
Judgment 1803
86th Session, 1999
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"There is no rule of procedure which precludes a member of an international tribunal from publishing a distinct opinion on a case before it. There is no flaw on that score."
Keywords:
application for review; dissenting opinion; judgment of the tribunal;
Judgment 1797
86th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-13
Extract:
"The Organization pleads that it is under no duty to pay contributions for [the complainant] to the Pension Fund or to the staff health insurance plan and would have had such duty only if he had been reinstated [...]. The Tribunal ruled on a similar issue in Judgment 1338 [...], in which it held that its award [...] of damages equivalent to 'the amount of the salary, allowances and other entitlements [the complainant] would have received' had not required reinstatement in the Pension Fund or health insurance."
Reference(s)
ILOAT Judgment(s): 1338
Keywords:
allowance; application for execution; case law; contribution rate; contributions; enforcement; health insurance; insurance; judgment of the tribunal; organisation's duties; reinstatement; salary; social benefits; unjspf;
Judgment 1792
86th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Someone who intervenes in a complaint [...] may not put forward any pleas but the complainant's. The intervener must have the same claims as the complainant and seek the same redress on the strength of the same pleas." (See Judgments 365 and 366.)
Reference(s)
ILOAT Judgment(s): 365, 366
Keywords:
application for execution; claim; complaint; difference; intervention; judgment of the tribunal; new claim; new plea;
Judgment 1783
85th Session, 1998
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"When the Tribunal quashes a flawed decision not to renew a fixed-term appointment it has discretion as to the relief it grants. It may send the case back for a new decision by the Organisation on renewal [...] but if it considers that renewal would be only fair, it will, instead of ordering a new decision, actually order reinstatement under a new contract for an appropriate term. [...] But if it considers neither a new decision nor reinstatement to be possible or advisable, it may, as authorised by Article VIII of its Statute, award the complainant compensation."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
allowance; application for execution; case sent back to organisation; compensation; contract; decision quashed; duration of appointment; effect; fixed-term; iloat statute; judgment of the tribunal; non-renewal of contract; reinstatement; subsidiary;
Judgment 1702
84th Session, 1998
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Neither of the parties informed the Tribunal of the FAO's decision of 19 June 1995 to recognise the complainant's illness as service-incurred." Having been accordingly unaware of that fact when it delivered Judgment 1486 on 1 February 1996, the Tribunal "regards that failure as a breach of the courtesy which the parties owed it."
Reference(s)
ILOAT Judgment(s): 1486
Keywords:
application for execution; case pending; decision; duty to inform; judgment of the tribunal; procedure before the tribunal; tribunal;
Judgment 1658
83rd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
"The complainant asks the Tribunal to adjourn the case until a decision has been taken by the [...] Administrative Council of the EPO - on his application for referral of Judgment 1333 [...] to the International Court of Justice for an advisory opinion. [...] The Tribunal asked the Organisation what was the status of any application from the complainant to the Administrative Council for such referral. The Organisation replied [...] enclosing a copy of a letter that the Chairman of its Council had written to the complainant [...] explaining that the conditions for such referral were not fulfilled: the Council was satisfied, said its Chairman, that the Tribunal had been competent to hear the case and that there had been no fundamental fault in the procedure followed. Since the complainant's application for referral to the court has been refused the Tribunal will now take up the case."
Reference(s)
ILOAT Judgment(s): 1333
Keywords:
advisory opinion of icj; competence of tribunal; complainant; executive body; icj; judgment of the tribunal; procedural flaw; request by a party; submissions;
Judgment 1648
83rd Session, 1997
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant's application for review rests on the discovery of an alleged new fact. "Is that indeed a new fact? Or was she not already aware of the substance of the minute [that she alleges the discovery of], and did she not plead accordingly in the original proceedings? The question is immaterial since in any event the minute does not affect the issue in dispute and the discovery of it does not warrant review."
Keywords:
application for review; judgment of the tribunal; new fact on which the party was unable to rely in the original proceedings;
Judgment 1620
83rd Session, 1997
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The Organization submits that its application for review had the effect of suspending the execution of the judgment. The plea is unfounded. Article VI of the Tribunal's Statute states that its judgments are 'final and without appeal'. There is no provision in its Statute or Rules for any stay in the execution of a judgment."
Reference(s)
ILOAT reference: ARTICLE VI OF THE STATUTE
Keywords:
application for review; execution of judgment; iloat statute; judgment of the tribunal; suspension of the execution of a judgment;
Judgment 1582
82nd Session, 1997
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal's judgments - including, of course, remand for a new decision - are binding on both parties and indeed on the Tribunal itself."
Keywords:
case sent back to organisation; effect; judgment of the tribunal; res judicata;
Judgment 1545
81st Session, 1996
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Though the discovery of a new fact may afford grounds for review, the fact must date from before the material judgment and be such as would have affected the ruling had the Tribunal known of it in time. The facts the complainant alleges are subsequent to [...] the date of [the judgment in question]. They may afford grounds for a new complaint but not for review of that judgment."
Keywords:
application for review; definition; fact subsequent to the judgment; judgment of the tribunal; new fact on which the party was unable to rely in the original proceedings; res judicata;
Judgment 1523
81st Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Although the Tribunal will make no award of damages for the delay in sending the case back, the complainant is entitled to costs because he had to come to the Tribunal to apply for execution."
Keywords:
application for execution; costs; judgment of the tribunal;
Judgment 1522
81st Session, 1996
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The organization has "discharged its duty to take an express decision duly giving its reasons for not reinstating him. Its decision [not to reinstate him] takes seriatim all the posts he might have been appointed to. It explains the reasons of fact or law why it came to the view that his training, experience or grasp of languages or the need for special skills disqualified him for some posts. The reasons why he was not appointed to others had to do with the budget, some posts being 'frozen'. Or else the reasons were administrative: for example the Appointment and Promotion Board was not in favour, or the organization gave priority to a permanent employee."
Keywords:
advisory opinion; application for execution; budgetary reasons; due process; duration of appointment; duty to substantiate decision; judgment of the tribunal; judicial review; knowledge of languages; organisation's duties; permanent appointment; priority; professional experience; promotion board; qualifications; refusal; reinstatement; selection board; training;
Judgment 1521
81st Session, 1996
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The WTO has applied for interpretation of Judgment 1407. It wants to know, in particular, whether that judgment prevents application to the complainant of one of its circulars. The Tribunal holds that [the judgment in question] is "quite clear and leaves no room for interpretation [...] what the organization really wants is that the Tribunal say whether the circular is lawful. That being so, its application is clearly irreceivable and must be dismissed under the summary procedure in Article 7 of its Rules."
Reference(s)
ILOAT reference: ARTICLE 7 OF THE RULES
Keywords:
application for interpretation; judgment of the tribunal; organisation; receivability of the complaint; summary procedure;
Judgment 1514
81st Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
In the light of Judgment 1368 "what [CERN] had to do was not just take new decisions untainted with the flaw the Tribunal had found but apply all the other material, procedural and substantive rules, which, having set aside the impugned decisions on the grounds of that flaw alone, the Tribunal had had no need to comment on. So any objections to the lawfulness of the decisions taken in compliance with the duty [set by the Tribunal] have a bearing on the execution of the judgment. And, as is plain from the case law - see, for example Judgments 732 [...] and 1328 [...] - the complainants did not have to go through the internal appeal procedure before coming back to the Tribunal."
Reference(s)
ILOAT Judgment(s): 732, 1328, 1368
Keywords:
application for execution; case law; due process; exception; execution of judgment; internal remedies exhausted; judgment of the tribunal; organisation's duties;
Judgment 1481
80th Session, 1996
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Though [the complainant whom the Organization refused to grant a permanent contract in spite of a promise it had made to him] claims for moral damages for the ILO's treatment of him, this judgment may be deemed to afford him redress on that count."
Keywords:
compensation; judgment of the tribunal; moral injury;
Judgment 1477
80th Session, 1996
International Training Centre of the International Labour Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"As to the complainant's claim to token damages for moral injury this judgment affords a remedy for any such injury."
Reference(s)
ILOAT Judgment(s): 1359
Keywords:
compensation; competition; competition cancelled; flaw; judgment of the tribunal; moral injury; procedural flaw;
Judgment 1456
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 31
Extract:
The Tribunal "may not order the organisation to negotiate with a member State or set the objectives of any such negotiation."
Keywords:
competence of tribunal; judgment of the tribunal; member state; organisation; tribunal;
Judgment 1439
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The organization refused to promote the complainant with effect from the date at which he met the material conditions on the grounds that he had been subject to disciplinary action. The Tribunal quashed the disciplinary action in an earlier judgment and the complainant finally got his promotion, albeit with some delay. The Tribunal rejects his claim to moral damages. "The delay in granting him promotion caused him no moral injury because the organisation acted in good faith in originally deciding not to promote him."
Keywords:
date; delay; disciplinary measure; effective date; good faith; judgment of the tribunal; moral injury; organisation; promotion; refusal;
Judgment 1427
79th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The Organization did not execute the judgment ordering it to reinstate the complainant as promptly as it should have. It caused him "needless uncertaintyby requiring him to apply for vacancies and by ignoring his request for reinstatement in the vacant post of storekeeper [which he formerly held]. It thus virtually compelled him to come back to the Tribunal".
Keywords:
application for execution; execution of judgment; judgment of the tribunal; moral injury; organisation's duties; reinstatement; vacancy;
Consideration 10
Extract:
The complainant is entitled to "moral damages for the injury due to the thwarting of his legitimate expectation of prompt and correct execution of the Tribunal's judgment."
Keywords:
administrative delay; application for execution; execution of judgment; judgment of the tribunal; legitimate expectation; moral injury; organisation's duties;
Judgment 1425
79th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The judgment on which the complainant relies, "restored her contractual rights by quashing the unlawful dismissal. But it did not confer on her any rights beyond those she derived from her contract. Since the contract was for a fixed term CERN had no duty either to convert it into a permanent one or to extend it until she was fit to go back to work."
Keywords:
contract; execution of judgment; fixed-term; judgment of the tribunal; organisation's duties; reinstatement; termination of employment;
< previous | 1, 2, 3, 4, 5, 6, 7, 8 | next >
|
