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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 4169


    128th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her performance report for the 2008-2009 biennium and the decision to defer her within-grade salary increment until 1 February 2011.

    Consideration 6

    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;



  • Judgment 4117


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the finding that his invalidity was not caused by an occupational disease.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; invalidity; medical board; service-incurred;

    Consideration 8

    Extract:

    The matter must be remitted to the EPO for a differently constituted Medical Committee to consider the expertsí report [...], and related reports, and to provide an opinion on whether the complainantís invalidity was caused by an occupational disease.

    Keywords:

    case sent back to organisation;



  • Judgment 4066


    127th Session, 2019
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to promote her in the 2013 promotion exercise.

    Judgment keywords

    Keywords:

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

    Consideration 11

    Extract:

    It is not within the Tribunalís competence to promote the complainant to the P-4 grade. However, as the impugned decision will be set aside, the matter will be remitted to the FAO for it to reconsider the decision not to promote her to the P-4 grade in 2013.

    Keywords:

    case sent back to organisation; competence of tribunal; promotion; ratione materiae;

    Consideration 11

    Extract:

    It is not within the Tribunalís competence to promote the complainant to the P-4 grade. However, as the impugned decision will be set aside, the matter will be remitted to the FAO for it to reconsider the decision not to promote her to the P-4 grade in 2013.

    Keywords:

    case sent back to organisation;



  • Judgment 4065


    127th Session, 2019
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: In his second complaint, the complainant challenges the decision to dismiss him, while he was on sick leave, for misconduct. In his third complaint, he challenges the dismissal decision on the merits.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; misconduct; sick leave; termination of employment;

    Consideration 8

    Extract:

    It is observed that [the administration] informed the complainant [...] that the discussion pursuant to Manual paragraph 330.3.26 was not mandatory. [...] This was mistaken as the discussion under Manual paragraph 330.3.26 is mandatory because of the language of that provision, which is in contradistinction to the language contained in Manual paragraph 330.3.27. Moreover, it was intended to confer a right on the complainant to complete his defence orally in a discussion with the officer who initiated the disciplinary procedure.
    This right was denied and this is a material flaw which requires setting aside the impugned decision in both complaints as well as the initial decision of 17 September 2014. The case will be remitted to the FAO to complete the process by complying with Manual paragraph 330.3.26 and the following paragraphs of the procedure.

    Keywords:

    case sent back to organisation;



  • Judgment 4052


    126th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to subject him to disciplinary proceedings after his separation from the EPO and to impose upon him the disciplinary measure of a reduction by one third in the amount of his retirement pension.

    Judgment keywords

    Keywords:

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

    Considerations 14-15

    Extract:

    The fact that the President, contrary to the Administrative Councilís instruction, did not consider that possibility [of involvement of an external reviewer or of arbitration or mediation] before adopting the impugned decision, which was the final decision on the disciplinary proceedings against the complainant, constitutes a material flaw that renders the impugned decision unlawful.
    [T]he impugned decision of 13 June 2016 must be set aside, as must the earlier decision of 18 February 2016, and the case must be sent back to the President of the Office for a new examination, which shall take into account the instruction to the President contained in Administrative Council Resolution CA/26/16.

    Keywords:

    case sent back to organisation;



  • Judgment 4047


    126th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to impose on her with immediate effect the disciplinary measure of dismissal for serious misconduct.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; serious misconduct; termination of employment;

    Consideration 14

    Extract:

    In the Presidentís impugned decision [...], no reference is made to the application of the appropriate standard of proof. In all the circumstances, it cannot be assumed that it was applied. In the result, the impugned decision to dismiss the complainant should be set aside because in assessing the complainantís guilt it is not demonstrated that the appropriate standard of proof was applied, namely proof beyond reasonable doubt. The matter should be remitted to the EPO to enable a Disciplinary Committee, differently constituted, to consider the matter under Article 102 of the Service Regulations and for the President to make a fresh decision.

    Keywords:

    case sent back to organisation;



  • Judgment 4040


    126th Session, 2018
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of her request for the reclassification of her post.

    Judgment keywords

    Keywords:

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

    Consideration 16

    Extract:

    The Tribunal is satisfied that the Director erred in identifying error on the part of the GAC [...], in the decision of 7 October 2015. The impugned decision of 18 April 2016 dismissing the internal complaint was based on that earlier decision. Accordingly, the impugned decision should be set aside as should the decision of 7 October 2015. The matter should be remitted to the ILO for the Director of the Centre to reconsider the report of the GAC and make a new decision.

    Keywords:

    case sent back to organisation;



  • Judgment 4028


    126th Session, 2018
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge Service Order No.14/10 changing the health insurance scheme at the ITU, as well as individual decisions implementing that service order.

    Consideration 8

    Extract:

    At this stage of the proceedings, the Tribunal would ordinarily set aside the impugned decision and remit the case to the ITU for the appeal to be given proper consideration. However, in the particular circumstances of the case, the Tribunal does not consider this course appropriate, since it would prolong detrimental uncertainty as to the lawfulness of the new health insurance scheme to which the ITUís current and former staff members are affiliated. The Tribunal will hence rule on the complainantsí submissions regarding the lawfulness of the scheme.

    Keywords:

    case sent back to organisation;



  • Judgment 4027


    126th Session, 2018
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the lawfulness and outcome of several competitions in which he participated.

    Consideration 5

    Extract:

    At this stage of the proceedings, the Tribunal would ordinarily remit the case to the organisation for the Appeal Board to re-examine the complainantís appeal. However, having regard in particular to the time that has elapsed since the events and to the importance of a final determination as to the lawfulness of the disputed competitions, the Tribunal will not do so in this case but will itself examine the complainantís pleas in respect of the contested decisions concerning these competitions.

    Keywords:

    case sent back to organisation;



  • Judgment 4001


    126th Session, 2018
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to confirm the appointment of Ms S. to the post of Head of the Caribbean Section.

    Judgment keywords

    Keywords:

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

    Consideration 19

    Extract:

    Given the findings that the complaint is well founded on the two pleas on the conclusions [...], the impugned decision [...], as well as the Director Generalís prior decision to appoint Ms S. to the contested post, will be set aside. [...] The case will be remitted to WIPO for the Director General to obtain a new recommendation from the Appointment Board on the applications originally submitted and to take a new decision.

    Keywords:

    case sent back to organisation;



  • Judgment 3972


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to impose upon him the disciplinary measure of dismissal for misconduct.

    Consideration 16

    Extract:

    [I]t is appropriate to grant the same relief to the complainant in these proceedings as ordered by the Tribunal in Judgment 3887. Accordingly,the decision of 25 November 2015 will be set aside in the part regarding confirmation of dismissal for misconduct in accordance with Article 93(2)(f) of the Service Regulations, as will the same part of the earlier decision of 1 July 2015. The case will be sent back to the EPO for further consideration by the Disciplinary Committee, which will request a medical assessment of the complainant's health (even, if necessary, only on the basis of documents) and, if necessary, the convening of a Medical Committee.

    Reference(s)

    ILOAT Judgment(s): 3887

    Keywords:

    case sent back to organisation;



  • Judgment 3969


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the EPOís decision to impose upon her the disciplinary measure of downgrading.

    Considerations 10 and 16

    Extract:

    The overarching legal principles in a case such as the present have recently been discussed by the Tribunal in Judgment 3862, consideration 20. The Tribunal observed:
    ďThe executive head of an international organisation is not bound to follow a recommendation of any internal appeal body nor bound to adopt the reasoning of that body. However an executive head who departs from a recommendation of such a body must state the reasons for disregarding it and must motivate the decision actually reached. [...]"
    [In the present case], the President has failed to adequately motivate his conclusions and decision for departing from the conclusions of the Disciplinary Committee, failed to establish beyond a reasonable doubt that the complainant acted in bad faith, and failed to adequately motivate his ultimate conclusion on the disciplinary sanction he imposed and the reasons for it with specific reference to all mitigating circumstances. His decision should be set aside and the matter remitted to the EPO to enable the President to make a new decision.

    Reference(s)

    ILOAT Judgment(s): 3862

    Keywords:

    case sent back to organisation; disciplinary procedure; duty to substantiate decision; final decision;



  • Judgment 3962


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to downgrade her, reassign her to another position and place her on an additional period of probation.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; disciplinary procedure; downgrading; reassignment;

    Consideration 16

    Extract:

    In identifying [...] flaws in the decision-making of the President, the Tribunal is not seeking to suggest that the President and those advising him were not acting with the interests of the complainant in mind having regard to her personal circumstances. But there were [...] flaws in the process and the impugned decision should be set aside. The matter will be remitted to the EPO to undertake the evaluation provided for in Article 52 [of the Service Regulations].

    Keywords:

    case sent back to organisation;



  • Judgment 3948


    125th Session, 2018
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision not to renew her fixed-term contract.

    Consideration 9

    Extract:

    In the normal course of things, this case would be remitted to IOM for a decision to be issued in accordance with the foregoing guidance. This will not however be done in the present case given the time which has already elapsed, the fulsome nature of the submissions, including submissions on the merits, the evidence produced by the parties, and the fact that vitiating errors are obvious in the impugned decision.

    Keywords:

    case sent back to organisation;



  • Judgment 3943


    125th Session, 2018
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants seek a redefinition of their employment relationships.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; conversion of contract; decision quashed;

    Considerations 7 and 8

    Extract:

    [T]he Director General was wrong to dismiss the complainant's internal appeals as irreceivable [...]. The impugned decisions must therefore be set aside, without there being any need for the Tribunal to rule on the other issues raised by the complainants, including that of the receivability of the internal appeals on which the Appeals Board did not give an opinion, nor to grant the application of one complainant for oral proceedings.

    Keywords:

    case sent back to organisation;



  • Judgment 3936


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who held the grade P-5 post of Head of UNESCOís National Office in Kinshasa, challenges the decision to transfer her to Paris.

    Judgment keywords

    Keywords:

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

    Considerations 7-9

    Extract:

    [T]he Director-General wrongly dismissed the complainant's appeal as time-barred, since it was submitted within the two-month period running from her receipt of the mťmorandum of 1 March 2013.
    It ensues from the foregoing that the Director-General's decision of 10 December 2015 must be set aside.
    The case will be remitted to UNESCO for the Appeals Board to examine the appeal that had been submitted to it by the complainant.

    Keywords:

    case sent back to organisation;



  • Judgment 3935


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant accuses his former supervisor of moral harassment.

    Consideration 8

    Extract:

    The Tribunal has already found in similar cases that when an internal harassment complaint has wrongly been dismissed, it is not appropriate to order that an investigation be re-opened if that course would raise practical difficulties of this nature (see, for example, in another case concerning a UNESCO official, Judgment 3639, under 8 to 10).

    Reference(s)

    ILOAT Judgment(s): 3639

    Keywords:

    case sent back to organisation; harassment;



  • Judgment 3919


    125th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the Director-Generalís decision to reject her claim for compensation for service-incurred illness.

    Considerations 14-15

    Extract:

    [T]he HBA and, in turn, the Director-General found that all of the relevant facts of the case had been taken into account. However, it is observed that in arriving at the conclusion that there were no valid reasons for the claim to be accepted for consideration, the Director-General did not take into consideration that the progressive nature of the complainant's illness and all of her relevant surrounding personal circumstances presented valid reasons for making the claim for compensation on the date that she did.
    Accordingly, the Director-General's decision of 11 August 2015 and that of 13 March 2014 will be set aside, and the complainant's claim for compensation will be remitted to WHO for the ACCC's consideration of whether the complainant's two identified illnesses can be attributed to the performance of official duties.

    Keywords:

    case sent back to organisation;

    Judgment keywords

    Keywords:

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



  • Judgment 3910


    125th Session, 2018
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the IAEAís refusal to recognise his illness as service-incurred.

    Judgment keywords

    Keywords:

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

    Considerations 10 and 12

    Extract:

    The determinative issue is whether the failure to provide Dr S.'s report to the JABCC constitutes a reviewable error. The IAEA submits that there is no provision in Appendix D that, in case of disagreement, the minority member is entitled to submit a minority report. The IAEA adds that, in any event, the fact that Dr S. did so does not prejudice the validity of the official Medical Board report submitted to the JABCC. At the outset, it is observed that it is not a matter of the "minority member [being] entitled to submit a minority report" or whether Appendix D contemplates a minority report. It is implicit in the composition of the three-member Medical Board provided in Article 41 that there may be a dissenting view. In the performance of its role to make recommendations to the Director General, it is essential that the JABCC have both the majority and dissenting opinions. In the end, it is for the Director General to make the final determination in light of all available information. The Agency's failure to provide the JABCC with Dr S.'s opinion compromises the benefits of having a three-member Board and impairs the JABCC's ability to properly perform its function.
    [...]
    In the circumstances, the Director General's decision of 22 April 2014 and his earlier decision of 24 October 2012 will be set aside. The matter will be remitted to the IAEA for the JABCC's reconsideration after having obtained a copy of Dr S.'s report.

    Keywords:

    case sent back to organisation;



  • Judgment 3906


    125th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the termination of her fixed-term appointment.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; internal appeal; internal appeals body; receivability of the complaint;

    Consideration 19

    Extract:

    In the present case, the Appeals Board was cognisant of the complainant's possible confusion stemming from the surrounding circumstances and that she was not informed of her appeal rights. In the circumstances, it was incumbent on the Appeals Board to consider whether there were exceptional circumstances warranting the exercise of its discretionary authority to waive the time limits. As the Appeals Board's recommendation is tainted by errors of fact and law, the Registrar's decision based on that recommendation is also tainted by those errors and will be set aside.
    Indeed, for the foregoing reasons, there were clearly grounds on which a conclusion could be reached that there were exceptional circumstances and the Appeals Board should have considered waiving compliance with the time limits and considered the appeal on the merits. The case will be remitted to the ICC for that purpose.

    Keywords:

    case sent back to organisation;

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Last updated: 14.10.2021 ^ top