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Claim (18, 19, 647, 20, 92, 675,-666)

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Keywords: Claim
Total judgments found: 133

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  • Judgment 3060


    112th Session, 2012
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "[T]he Tribunal has consistently held that the forwarding of the claim to the advisory appeal body constitutes a "decision upon [the] claim" within the meaning of [Article VII, paragraph 3, of the Statute of the Tribunal], which is sufficient to forestall an implied rejection (see, for example, Judgment 2948, under 7, and the case law cited therein)."

    Reference(s)

    ILOAT Judgment(s): 2948

    Keywords:

    claim; decision; iloat statute; implied decision; internal appeals body;



  • Judgment 3043


    111th Session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "[A]d personam promotion constitutes advancement on merit to reward an employee for services of a quality higher than that ordinarily expected of the holder of the post. In the absence of any provision to the contrary, it is an optional and exceptional discretionary measure which is subject to only limited review by the Tribunal (see Judgments 1500, under 4, and 1973, under 5). This kind of promotion should certainly not be granted as redress for an alleged injury, as the complainant requests. The advancement of an official naturally obeys its own logic related to the classification of the job done and the professional merit of the person in question, which has nothing to do with the logic behind compensation for injuries which may have been caused to this person by the international organisation employing him or her (see Judgment 2706, under 8)."

    Reference(s)

    ILOAT Judgment(s): 1500, 1973, 2706

    Keywords:

    claim; compensation; compensatory measure; definition; discretion; exception; injury; judicial review; limits; no provision; organisation; personal promotion; post; post classification; purpose; refusal; request by a party; satisfactory service; work appraisal;



  • Judgment 3023


    111th Session, 2011
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    The Tribunal rejects the plea that the non-observance of the time-limits for the filing of the internal appeal was due to reasons beyond the complainant's control.
    "[T]he complainant claims that she has suffered injury due to the delay in the internal appeals proceedings. The Tribunal notes that the internal appeal took approximately 17 months. Given that the only issue considered in the appeal process was receivability, the Tribunal agrees that there has been undue delay for which the complainant is entitled to moral damages [...]."

    Keywords:

    claim; compensation; complainant; delay; internal appeal; moral injury; reasonable time;



  • Judgment 3016


    111th Session, 2011
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "[T]he complainant's claim for egregious delay is founded. More than four years passed from the start of the post classification exercise to when the final decision was made, and that is excessive."

    Keywords:

    claim; complainant; decision; delay; late decision; post classification; reasonable time;



  • Judgment 3003


    111th Session, 2011
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 32

    Extract:

    "[T]he Tribunal may at any time decide, when it renders a judgment, to defer the execution thereof if it considers such a measure justified (see Judgment 82 [...], under 5). It is therefore for the organisation concerned, if it seeks to have the execution of a judgment deferred in the event that it proves unfavourable to itself, to submit a subsidiary claim for that purpose. If the Tribunal did not order such a deferral in its decision, it must be deemed to have implicitly required the decision to be executed immediately, in conformity with the general rule, and it is therefore scarcely conceivable that an organisation could be allowed to request a stay of execution of the judgment at a later stage."

    Reference(s)

    ILOAT Judgment(s): 82

    Keywords:

    claim; counterclaim; date; execution of judgment; implied decision; judgment of the tribunal; organisation's duties;



  • Judgment 2992


    110th Session, 2011
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The CDE requests that certain documents be removed from the file on the grounds that they are confidential and that the complainant obtained them unlawfully.
    "The Tribunal will not accede to the request for the removal of items of evidence, since the Centre has not proved that this request is justified by the protection of interests more worthy of protection that the complainant's interest in defending herself (see Judgment 2700, under 7)."

    Reference(s)

    ILOAT Judgment(s): 2700

    Keywords:

    claim; confidential evidence; discontinuance; flaw; lack of evidence; organisation; organisation's interest; refusal; staff member's interest;



  • Judgment 2985


    110th Session, 2011
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 29

    Extract:

    "The complainant has requested that the order to Eurocontrol to recalculate the pensionable years credited to him be accompanied by a penalty for default. In the absence of any grounds for doubting that the Agency will execute this judgment in good faith and with diligence, as is its duty since it has recognised the Tribunal's jurisdiction, there is no reason to order such a penalty."

    Keywords:

    claim; consequence; declaration of recognition; execution of judgment; good faith; judgment of the tribunal; lack of evidence; organisation's duties; refusal; request by a party;



  • Judgment 2980


    110th Session, 2011
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    Competition considered procedurally flawed because candidates were added to the shortlist after the evaluation process had begun.
    "[T]he Tribunal rules on the basis of the specific claims against an administrative decision in a particular complaint, which means that if an alleged flaw is found not to have existed, that is not to say that the administrative decision was lawful and that no flaw exists which could be contested in a new complaint within the established time limits."

    Keywords:

    claim; competence of tribunal; complaint; decision; flaw; res judicata; right of appeal;



  • Judgment 2973


    110th Session, 2011
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "By failing to deal with the informal complaints in a manner consistent with its own policy, by failing to conduct an investigation in a timely manner when a formal complaint was filed and then by terminating the investigation, WHO breached its duty of care toward the complainant and caused her serious injury."

    Keywords:

    breach; claim; duty of care; expert inquiry; harassment; inquiry; investigation; moral injury; organisation's duties; written rule;



  • Judgment 2962


    110th Session, 2011
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The Organization asks the Tribunal to 'delete' certain passages from the complaint, as in its view they have no bearing on this dispute. The Tribunal will not grant this request, because complainants are free to present any argument that they consider relevant to their case, provided that they do not use terms or a tone overstepping the bounds of what is permissible in judicial proceedings."

    Keywords:

    claim; complaint; condition; discontinuance; limits; organisation; refusal;



  • Judgment 2839


    107th Session, 2009
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    While the complainant has referred to these matters in her submissions, with the exception of the allegations concerning the interruption of her sick leave and the exit medical examination, she has not done so for the purpose of advancing a claim, but instead to provide a context for her other allegations.

    Keywords:

    claim; complaint; submissions;



  • Judgment 2832


    107th Session, 2009
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The complainant seeks to have his retirement pension recalculated on a different basis.
    "[T]he Tribunal finds that it has no jurisdiction in any event to award him such redress."

    Keywords:

    claim; competence of tribunal; pension; reckoning; refusal;



  • Judgment 2811


    106th Session, 2009
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "Some of [the complainant's] requests clearly lie outside the Tribunal's jurisdiction. This is true, for example, of the requests that the Tribunal order the imposition of disciplinary measures on staff members of the Organization, that the complainant be sent a public letter of apology [...] or that a management audit of her department be conducted by independent experts. This is also true of the request that the Tribunal order the Organization to take steps to ensure that the complainant's immediate supervisor will no longer supervise her."

    Reference(s)

    ILOAT Judgment(s): 968, 1591, 2605

    Keywords:

    claim; competence of tribunal; disciplinary measure; receivability of the complaint; request to subject someone to disciplinary proceedings; supervisor;



  • Judgment 2796


    106th Session, 2009
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant asks that the defendant provide him with a positive work reference and that information concerning the issues raised in his complaint be given to some delegates.
    "None of these matters was the subject of his internal appeals. Accordingly, those claims are irreceivable (see Judgments 899, 1263, 1443 and 2213). Further and save in exceptional cases where an international organisation has a continuing duty to undo damage caused by its own communications to a third party, as in Judgment 2720, the Tribunal is not competent to issue orders of the kind sought (see Judgments 126, 1591 and 2058)."

    Reference(s)

    ILOAT Judgment(s): 126, 899, 1263, 1443, 1591, 2058, 2213, 2720

    Keywords:

    claim; communication to third party; compensation; competence of tribunal; exception; injury; internal appeal; internal remedies exhausted; new claim; organisation's duties; receivability of the complaint;



  • Judgment 2742


    105th Session, 2008
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 44

    Extract:

    "The Tribunal issues binding orders, not recommendations as sought by the complainant. Additionally, the Tribunal has no power to order a party to apologise."

    Keywords:

    claim; competence of tribunal; receivability of the complaint; recommendation; vested competence;



  • Judgment 2720


    105th Session, 2008
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "The complainant [...] requests the Tribunal to order the ITU to send a new e-mail to all staff, after delivery of the present judgment, retracting the content of the e-mail circulated on 26 July 2006. As the circulation of such an e-mail does indeed appear to be the only way of ensuring that the present judgment fully serves the purpose of safeguarding the complainant's honour and reputation vis--vis the ITU staff, the Tribunal considers that, under the circumstances, this request should be granted."

    Keywords:

    claim; compensation; judgment of the tribunal;



  • Judgment 2708


    104th Session, 2008
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    For the period 24 June 2002 to 31 December 2003 the complainant was given a fixed-term contract, financed from technical cooperation funds, which was extended until 30 June 2004. The complainant was subsequently given two external collaboration contracts, the second one ending on 31 March 2005. The contractual relationship between the complainant and the ILO ended at that date. "It emerges from an analysis of [the provisions of Circular No. 630] that short-term contracts should be offered in only specific cases and for a limited duration.
    Having already obtained a fixed-term contract which had been extended, the complainant could not be recruited under a short-term contract, let alone under an external collaboration contract, to continue performing the same work as he had performed under his fixed-term contract, without contravening the spirit of the applicable texts.
    The complainant's last two contracts should therefore be converted into a fixed-term contract."

    Reference(s)

    Organization rules reference: ILO Circular No. 630

    Keywords:

    administrative instruction; amendment to the rules; breach; claim; condition; consequence; contract; duration of appointment; extension of contract; external collaborator; fixed-term; limits; period; project personnel; provision; separation from service; short-term; written rule;



  • Judgment 2700


    104th Session, 2008
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant did not receive the Reports Board's recommendation, which constituted the basis of the decision not to renew his fixed-term appointment. "The Tribunal considers that in the present case the complainant is entitled to see the Reports Board's recommendation, an essential document on which the Administration based its decision not to renew his contract. By withholding that document the Organization deprived the complainant of an item of evidence that was essential for the preparation of his defence and the Tribunal of a document enabling it to exercise its power of review.
    Accordingly there are grounds for ordering further submissions in order that the file may be supplemented with a copy of the Reports Board's recommendation, as requested by the complainant."

    Keywords:

    advisory body; claim; complainant; contract; disclosure of evidence; fixed-term; further submissions; interlocutory order; judicial review; non-renewal of contract; organisation's duties; recommendation; refusal; right;



  • Judgment 2657


    103rd Session, 2007
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant contests the decision not to appoint him to a post as examiner at the European Patent Office on the grounds that he did not meet the physical requirements for the post but the Tribunal considers that persons who have applied for a post in an international organisation and who have not been recruited are barred from access to the Tribunal. The complainant asks that the Organisation be ordered to waive its immunity to enable him to bring proceedings before a German court. "[T]he Tribunal [recalls that it] has no authority to order the EPO to waive its immunity (see Judgment 933, under 6). It notes, however, that the present judgment creates a legal vacuum and considers it highly desirable that the Organisation should seek a solution affording the complainant access to a court, either by waiving its immunity or by submitting the dispute to arbitration."

    Reference(s)

    ILOAT Judgment(s): 933

    Keywords:

    appointment; arbitration; candidate; claim; competence of tribunal; condition; grounds; handicapped person; judgment of the tribunal; medical examination; medical fitness; municipal court; open competition; organisation; post; refusal; safeguard; waiver of immunity;



  • Judgment 2654


    103rd Session, 2007
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant requests that UNESCO recognise that she has been subjected to moral harassment and acknowledge all the repercussions this has had on her "human dignity and professional life". The Organization asks the Tribunal to find that there is no factual or legal basis to the complainant's claim that she notified the Administration of a case of moral harassment. The Tribunal considers "that the complainant did accuse her supervisor of harassment, and that the Organization, which was then under an obligation to initiate an objective inquiry into the validity of her accusations, failed to do so and has merely regretted the fact that it held no investigations.
    By failing to conduct an inquiry to determine the validity of such serious accusations, the defendant breached both its duty of care towards one of its staff members and its duty of good governance, thereby depriving the complainant of her right to be given an opportunity to prove her allegations."

    Keywords:

    breach; burden of proof; career; claim; condition; consequence; duty of care; harassment; inquiry; investigation; organisation's duties; respect for dignity; right; supervisor; working conditions; working relations;

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Last updated: 28.10.2021 ^ top