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Case sent back to organisation (130,-666)

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Keywords: Case sent back to organisation
Total judgments found: 138

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  • Judgment 4431


    132nd Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges a decision of the Administrative Council introducing new rules for employees of the European Patent Office concerning the right to strike.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; general decision; internal appeal; right to strike;



  • Judgment 4429


    132nd Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge a statement of the President of the European Patent Office alleging defamation.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed;



  • Judgment 4396


    131st Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to reimburse him the notary fees which he incurred for the certification of his signature on the annual declaration required for recipients of an invalidity allowance.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; internal appeal;



  • Judgment 4394


    131st Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision deriving from the Administrative Councilís decision CA/D 2/15 to require the recipients of the new retirement pension for health reasons to cease performing gainful activities or employment or to refrain from performing such activities or employment.

    Judgment keywords

    Keywords:

    case sent back to organisation; cause of action; complaint allowed;



  • Judgment 4393


    131st Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the reduction in his total net remuneration following his promotion to a higher grade arguing that it constitutes a breach of Article 49(13) of the Service Regulations.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; promotion; salary;



  • Judgment 4349


    131st Session, 2021
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to consider his harassment complaint closed.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; harassment;



  • Judgment 4342


    131st Session, 2021
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to select him for the position of Deputy General Counsel.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; selection procedure;



  • Judgment 4341


    131st Session, 2021
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to shortlist him for the position of General Counsel.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; selection procedure;



  • Judgment 4313


    130th Session, 2020
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the International Labour Office, challenges the decision to dismiss her harassment grievance.

    Considerations 8-9

    Extract:

    Where the investigation into a harassment complaint is found to be flawed, the Tribunal will ordinarily remit the matter to the organisation concerned so that a new investigation can be conducted. However, the complainant does not wish for it to do so since she left the ILO on health grounds and, in her view, a fresh investigation would cause her additional suffering and might further jeopardise her health. She requests that the Tribunal itself consider the merits of her grievance concerning the alleged harassment. In that regard, she cites Judgment 3170, under 25.
    In view of the time which has elapsed since the disputed events, and as the complainant has now left the Organization, it would no longer serve any useful purpose to order the holding of a fresh investigation.

    Reference(s)

    ILOAT Judgment(s): 3170

    Keywords:

    case sent back to organisation; harassment; inquiry; investigation;



  • Judgment 4299


    130th Session, 2020
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss his claim for moral damages for harassment.

    Consideration 8

    Extract:

    Even if [...] the Director General erred in the impugned decision in affording the OIOS report a status it did not warrant and declining to consider the matter himself, no purpose would be served by setting the decision aside and remitting the matter to the IAEA. The complainant has not been a staff member of the IAEA for over four years. Plainly enough, the IAEA does not now have any obligation to ensure the complainant is not harassed in the workplace. Indeed, [...] the complainant was no longer a staff member at the time he submitted his harassment complaint [...], a year after his separation from service. Resolving his grievance for this purpose of ascertaining whether there had been harassment and, if so, protecting the complainant in the workplace would be manifestly futile.

    Keywords:

    case sent back to organisation; harassment;



  • Judgment 4298


    130th Session, 2020
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reject his claim for compensation for a service-incurred disability.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; illness; service-incurred;



  • Judgment 4286


    130th Session, 2020
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reject her claim of retaliation/harassment.

    Consideration 19

    Extract:

    In light of the [...] findings, the Tribunal would in principle set aside the impugned decision and remit the matter to the organization concerned. However, in view of the effluxion of time that course of action would be impracticable. The complainant is no longer a staff member of WIPO and the result of her harassment complaint is yet to be determined. The Tribunal concludes that the complainant suffered moral injury [...].

    Keywords:

    case sent back to organisation; moral injury;



  • Judgment 4276


    130th Session, 2020
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his performance appraisal under the new merit recognition system established following the 2015 five-yearly review.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; performance evaluation;



  • Judgment 4273


    130th Session, 2020
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge their classification in the new career structure established following the 2015 five-yearly review.

    Consideration 28

    Extract:

    Ordinarily, the Tribunal would [...] set aside the Director-Generalís decisions [...] endorsing the recommendations of the Joint Advisory Appeals Board and refer the cases back to the Organization for the Board to deliver new, properly reasoned opinions.
    However, it will not do so here since, in the proceedings before the Tribunal, the complainants have raised Ė and expounded at length Ė their pleas concerning the procedural flaws and lack of transparency to which the Joint Advisory Appeals Board did not respond. As the Tribunal has examined these pleas, there is no need to refer the cases back to the Board.

    Keywords:

    case sent back to organisation;



  • Judgment 4222


    129th Session, 2020
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the refusal of UNESCO to award full compensation for the injury suffered as a result of an accident recognized as being service-incurred.

    Consideration 14

    Extract:

    At this stage of its findings, the Tribunal should normally refer the case back to the Organization for the Appeals Board to examine the complainantís appeal. However, given the length of time since the events and the fact that the case has already been remitted to UNESCO by Judgment 3397, the Tribunal will not do so again in the instant case and will itself examine the merits of the complainantís claims.

    Reference(s)

    ILOAT Judgment(s): 3397

    Keywords:

    case sent back to organisation;



  • Judgment 4213


    129th Session, 2020
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reject his claims of harassment and constructive dismissal.

    Consideration 14

    Extract:

    The Tribunal finds that the Executive Secretary did not give the reasons for his disagreement with the conclusions contained in the investigation report. Accordingly the impugned decision [...] must be set aside and the case sent back to the Commission for the Executive Secretary to take a new decision concerning the alleged harassment [...] and the linked issue of constructive dismissal.

    Keywords:

    case sent back to organisation;

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; harassment; motivation;



  • Judgment 4211


    129th Session, 2020
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns what she considers to be an implied rejection of her claims of moral and sexual harassment and abuse of authority.

    Consideration 13

    Extract:

    As a decision has not been taken, the matter will be remitted to IOM to take such steps as are necessary to reach a motivated express final decision in relation to the complainantís claims of harassment and abuse of authority. Upon receipt of such decision, it will be for the complainant to determine what action, if any, should be taken.

    Keywords:

    case sent back to organisation;

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; harassment; implied rejection of internal appeal; internal remedies exhausted;



  • Judgment 4184


    128th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant mainly challenges the alleged misuse of short-term contracts in her case, the non-extension of her last contract and the allegedly incorrect classification of her job.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; internal appeal; late appeal;

    Consideration 6

    Extract:

    [T]he impugned decision [...] must be set aside. The case will be remitted to the Organization so that the complainantís grievance, which has thus wrongly been declared irreceivable, may be examined by the JAAB and that a new decision may be taken by the Director-General on the complainantís grievance.

    Keywords:

    case sent back to organisation;



  • Judgment 4180


    128th Session, 2019
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of her appeal against the decision to abolish her post and terminate her appointment, the decision not to shortlist her for a specific position and the decisions not to select her for three other positions.

    Consideration 11

    Extract:

    The Tribunal would normally remit the matter to the ICC so that a proper investigation regarding the complainantís harassment complaint could be conducted. However, in this case, in view of the fact that the complainant is no longer employed with the ICC and given the passage of time since the alleged events leading to the harassment complaint occurred, remitting the matter to the ICC would serve no useful purpose. Nevertheless, since the complainant was denied the right to have her harassment complaint duly investigated, and also taking due note of the fact that she could have initiated the formal procedure directly with the Registrar in accordance with Section 7.1 of the Instruction, the complainant will be awarded moral damages [...].

    Keywords:

    case sent back to organisation; harassment;



  • Judgment 4170


    128th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her performance reports for the 2010-2011 biennium and the decisions to defer her within-grade salary increment until 1 February 2012, to withhold that increment on that date and to not renew her fixed-term appointment for unsatisfactory service.

    Consideration 8

    Extract:

    At this stage in its findings, the Tribunal should normally refer the case back to UNESCO for the Appeals Board to re-examine the complainantís appeal. However, given the length of time since the events and for the sake of procedural efficiency, the Tribunal will not do so and will itself assess the lawfulness of the Director-Generalís decision [...].

    Keywords:

    case sent back to organisation;

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Last updated: 15.09.2021 ^ top