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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 3602


    121st Session, 2016
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former employee of the WTO, contests the Director-General’s decision to summarily dismiss him for serious misconduct.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; misconduct; summary dismissal;

    Considerations 25 and 27

    Extract:

    The Tribunal considers that in the particular circumstances the WTO had a duty of care towards the complainant that went beyond the mere statement that he had not established that his illness was responsible for his behaviour. That duty required the WTO to seek further medical advice concerning the complainant's medical condition that would have assisted it to have made a more informed assessment of a causal connection and consequential decision in the matter. This assessment should also have been weighed in determining proportionality. Having not done so, the impugned decision was unlawful [.]
    [...]
    [T]he impugned decision must be set aside to the extent that it found that summary dismissal was a proportionate sanction. The matter will be remitted to the WTO for reconsideration.

    Keywords:

    case sent back to organisation; disciplinary measure; medical fitness; proportionality;



  • Judgment 3592


    121st Session, 2016
    International Olive Oil Council
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, whose letter of resignation has not been formally accepted, challenges the decision of the Executive Director of the IOOC requiring him, inter alia, to vacate his office.

    Consideration 4

    Extract:

    When a complaint is filed against an implied decision of rejection, the Tribunal may either rule on the merits of the case brought to it, or remit the case to the organisation.
    The former solution would be tantamount to unduly depriving the complainant of his right to an internal appeal, which is an additional safeguard to that which judicial protection offers the staff members of international organisations which have recognised the Tribunal's jurisdiction ( see in particular Judgments 2781, under 15, and 3067, under 20 ). The Tribunal will not therefore rule on the merits and the case will be remitted to the IOOC, which must submit the appeal that has not been considered to its competent bodies.

    Reference(s)

    ILOAT Judgment(s): 2781, 3067

    Keywords:

    case sent back to organisation;

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; procedure before the tribunal; resignation;



  • Judgment 3570


    121st Session, 2016
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to end his service on grounds of invalidity and requests his reinstatement.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint dismissed; invalidity; medical examination; reinstatement;



  • Judgment 3566


    121st Session, 2016
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for execution of Judgment 3239.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3239

    Keywords:

    application for execution; case sent back to organisation; complaint allowed;

    Considerations 17-22

    Extract:

    "[C]ontrary to what the CDE appears to believe, it cannot legitimately cite the need to submit its every expense to its Executive Board for approval to exonerate it from its duty to execute the judgment in question promptly.
    International organisations that have recognised the Tribunal’s jurisdiction are bound to take whatever action a judgment may require and, in particular, should the Tribunal order payment of a sum of money, to effect this payment without delay (see, inter alia, Judgment 82, under 5, and aforementioned Judgment 3152, under 11). It would be a serious breach of the CDE’s obligations if the execution of such an order were rendered contingent on the Executive Board’s approval, with the inevitable corollary that, should the Board refuse, the CDE would consider itself released from the obligation under which it is placed, or if the execution of the order were simply delayed pending a meeting of the Board, even if the Board’s approval were merely a formality.
    However, the Tribunal notes that the CDE’s lack of celerity has not had any practical implications for the complainant. In fact, the conduct of the complainant, who, as mentioned above, refused to submit certain information and documents that were necessary for payment of the sum owed to her, in any case prevented the judgment from being executed more rapidly.
    Furthermore, it is clear from the file that the CDE has already endeavoured to pay the greater part of the award against it, despite its major financial difficulties.
    In these conditions, and considering the parties’ shared responsibility, explained above, for the errors in the interpretation of Judgment 3239 from which this dispute arises, the Tribunal finds there is no reason to award the amounts claimed by the complainant by way of interest for delay, compensation for moral injury and costs.
    In the circumstances of the case, neither is it appropriate to order that the obligation to execute the judgment in question be accompanied by a penalty for default.
    The complainant will be required to provide to the CDE without delay, as the CDE rightly requests, the information and supporting documents necessary to determine her entitlement to dependent child allowances, education allowances and coverage of home leave expenses."

    Reference(s)

    ILOAT Judgment(s): 82, 3152

    Keywords:

    case sent back to organisation; execution of judgment;



  • Judgment 3539


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s decision to reject his requests for childcare allowances.

    Consideration 12

    Extract:

    It is not for the Tribunal to decide whether a particular facility should be recognised for the purpose of the childcare allowance in the Regulations. Accordingly, the matter will be remitted to the EPO for a reconsideration of the complainant's claims for the childcare allowance. Before taking a decision on the complainant's requests, the criteria or framework against which his requests will be considered shall be communicated to the complainant and [he] shall be given a reasonable opportunity to submit evidence in support of his requests.

    Keywords:

    case sent back to organisation;



  • Judgment 3505


    120th Session, 2015
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend her sick leave entitlement beyond the date on which her appointment expired.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint dismissed; failure to exhaust internal remedies; separation from service; sick leave;

    Consideration 14

    Extract:

    [T]je complaint must be dismissed as irrecevable because internal means of redress have not been exhausted, as required by Article VII, paragraph 1, of the Statute of the Tribunal. The matter shall be remitted to UNESCO in order that the Appeals Board may give an opinion on the two appeals submitted to it by the complainant, after taking such steps as may be necessary to ensure that the procedure has been duly followed.

    Keywords:

    case sent back to organisation;



  • Judgment 3503


    120th Session, 2015
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the lawfulness of the appointment of two staff members to grade G-6 posts.

    Judgment keywords

    Keywords:

    appointment; case sent back to organisation; complaint allowed; decision quashed; right of appeal; vacancy;

    Considerations 7-9

    Extract:

    [I]t should be recalled that, for a letter addressed to an organization to constitute an appeal, it is sufficient that the person concerned clearly expresses therein his or her intention to contest the decision adversely affecting her or him and that the request thus formulated can be granted in some meaningful way (see Judgments 3068, under 16, and 3127, under 8, and the case law cited therein).
    Whileit is true that the applicable provisions in this case required that the request for review be substantited, the complainant, who clearly indicated the grounds for her challenge, did in fact meet that obligation.
    The foregoing considerations lead the Tribunal to find that the impugned decision was unlawful and to note that the complainant has, in this case, been unlawfully denied the benefit of her right to an internal appeal, a safeguard which international civil servants enjoy in addition to their right of appeal to a judicial authority (on this point, see for example Judgments 2781, under 15, and 3068, under 20).
    The Tribunal will therefore remit the case to WIPO in order that the Director General take a decision on the merits of the complainant's request for review pursuant to Staff Rule 11.1.1.

    Reference(s)

    ILOAT Judgment(s): 2781, 3068, 3068, 3127

    Keywords:

    case sent back to organisation; internal appeal;



  • Judgment 3497


    120th Session, 2015
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the refusal of her request that her mother’s condition be recognized as a serious illness.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; health insurance; illness; medical expenses; medical opinion;

    Consideration 18

    Extract:

    "Since, as the Tribunal has consistently held, it is not competent to rule on medical matters, the case must be remitted to the Organisation so that a new decision can be taken in light of an opinion given by the competent body with the safeguards of complete impartiality and transparency."

    Keywords:

    case sent back to organisation;



  • Judgment 3425


    119th Session, 2015
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: After his contract was terminated, the complainant successfully challenges the rejection of his appeal, for lack of formal notification.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; internal appeal; non-renewal of contract;



  • Judgment 3424


    119th Session, 2015
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the impugned implied decision was flawed.

    Consideration 11

    Extract:

    "When it transpires that the internal appeal procedure in force in an international organisation has not been followed properly, the Tribunal often decides – in some instances on its own initiative – to remit the case to the organisation, in order that the competent appeal bodies can hear it, rather than to examine its merits (see, for example, Judgments 1007, 2341, 2530, 2781 or 3067)."

    Reference(s)

    ILOAT Judgment(s): 1007, 2341, 2530, 2781, 3067

    Keywords:

    case sent back to organisation; internal appeal;

    Judgment keywords

    Keywords:

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



  • Judgment 3423


    119th Session, 2015
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the impugned implied decision was flawed.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; fixed-term; internal appeal; non-renewal of contract;

    Consideration 12

    Extract:

    "The Tribunal will not, however, examine the merits of the complaints in these proceedings.
    When it transpires that the internal appeal procedure in force in an international organisation has not been followed properly, the Tribunal often decides – in some instances on its own initiative – to remit the case to the organisation, in order that the competent appeal bodies can hear it, rather than examine its merits (see, for example, Judgments 1007, 2341, 2530, 2781 or 3067)."

    Reference(s)

    ILOAT Judgment(s): 1007, 2341, 2530, 2781, 3067

    Keywords:

    case sent back to organisation; internal appeal;



  • Judgment 3413


    119th Session, 2015
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the decision to dismiss her appeal against the rejection of her sexual harassment complaint.

    Judgment keywords

    Keywords:

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



  • Judgment 3410


    119th Session, 2015
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges IFAD's decision not to consider his appeal against the non-renewal of his contract.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; internal appeal; non-renewal of contract;



  • Judgment 3407


    119th Session, 2015
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges the implied decision to reject his claim against the new calculation of his pension rights.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint dismissed; decision quashed; transfer of pension rights;



  • Judgment 3394


    119th Session, 2015
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal considered that, by taking it upon itself to interpret Judgment 3119, WIPO breached its duty to execute that judgment fully and correctly.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3119

    Keywords:

    application for execution; case sent back to organisation; complaint allowed; execution of judgment; organisation's duties; res judicata;



  • Judgment 3361


    118th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the decision rejecting her request seeking payment of the costs of an orthodontic treatment and a surgical operation.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; health insurance; medical expenses;



  • Judgment 3357


    118th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: After the transfer of his pension rights acquired under a national scheme to the Organisation’s pension scheme, the complainant successfully challenges the refusal to recalculate the number of pensionable years credited to him.

    Judgment keywords

    Keywords:

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



  • Judgment 3356


    118th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: After the transfer of his pension rights acquired under a national scheme to the Organisation’s pension scheme, the complainant successfully challenges the refusal to recalculate the number of pensionable years credited to him.

    Judgment keywords

    Keywords:

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



  • Judgment 3355


    118th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: After the transfer of his pension rights acquired under a national scheme to the Organisation’s pension scheme, the complainant successfully challenges the refusal to recalculate the number of pensionable years credited to him.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; transfer of pension rights;



  • Judgment 3354


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal set aside the decision dismissing the complainant’s request for the reimbursement of pharmaceutical costs on the ground that the case should have been referred to the Medical Committee.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; health insurance; medical expenses;

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Last updated: 21.10.2021 ^ top