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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 2360


    97th Session, 2004
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The Organization considers that the claims for compensation for certain heads of injury were not submitted during the internal appeal proceedings and must therefore be dismissed as irreceivable. "[T]he claims to compensation for moral injury and for breach of the complainant's rights were put forward in the internal appeal, though in a different form, and are certainly receivable, even though some heads of injury, concerning the complainant's state of health in particular, had not been enlarged upon, since the complainant had stated in his appeal [...] that the decision he contested caused him 'undoubted material and moral injury'."

    Keywords:

    breach; claim; compensation; decision; difference; formal requirements; injury; internal appeal; internal remedies exhausted; material injury; moral injury; procedure before the tribunal; receivability of the complaint; right;



  • Judgment 2356


    97th Session, 2004
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The complainant claims damages for the injury resulting from the inclusion in her personnel file of a memorandum bearing negative remarks about her performance. "While there is no evidence whatsoever to support the complainant's claim that she was humiliated and that her future career prospects were adversely affected by this memorandum, the fact remains that the Appeals Committee found, and the Director-General accepted, that the document should be removed from her file. That necessarily implies an acceptance by the Organization that it had acted wrongly in putting it there in the first place. This entitles her to a nominal award of moral damages which the Tribunal evaluates at 500 euros."

    Keywords:

    acceptance; advisory opinion; breach; career; claim; executive head; general service category; grade; injury; internal appeals body; lack of evidence; moral injury; official; personal file; request by a party; respect for dignity; right; supervisor; unsatisfactory service;



  • Judgment 2350


    97th Session, 2004
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant seeks the revision of certain rules and policies. EFTA submits that such a claim is irreceivable. "In this it is clearly correct. Relevantly, the Tribunal is competent only to hear complaints with respect to the non-observance of the terms of appointment or the provisions of EFTA's Staff Regulations and Rules."

    Keywords:

    amendment to the rules; breach; claim; competence of tribunal; complaint; iloat statute; provision; receivability of the complaint; staff regulations and rules; terms of appointment; vested competence;



  • Judgment 2316


    96th Session, 2004
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 19-20

    Extract:

    The complainant wants to be granted her salary increment to step X retroactively. "The particular circumstances upon which the ITU relies to argue that the complainant should not be granted her step X increment are that the unsatisfactory nature of her services had already been documented prior to the report signed on 3 May 2002 and that she did not cooperate with the establishment of her periodic appraisals. It may at once be noted that the appraisal for the relevant period was not made in May 2002, but in November of that year. Further, and given the complainant's absence on sick leave at various times during the relevant appraisal periods, it is difficult to infer lack of cooperation on her part. However, and more to the point, the matters upon which the Union relies fall far short of establishing that it made a genuine effort to comply with its own procedures, and do not show that the complainant frustrated or sabotaged any such effort. That being so [...], those considerations cannot defeat the complainant's entitlement to her step X increment retroactively. The treatment of the complainant by the ITU is [...] unacceptable."

    Keywords:

    claim; complainant; date; evidence; increment; liability; organisation; organisation's duties; patere legem; performance report; period; procedure before the tribunal; request by a party; right; sick leave; unsatisfactory service; work appraisal;

    Consideration 12

    Extract:

    The complainant wants to be granted her salary increment to step X retroactively. The ITU asserts that the complaint is inadmissible because in Judgment 2170 the Tribunal stated that those pleas were dismissed. "Judgment 2170 was concerned with the complainant's entitlement to her step VIII salary increment, her pleas regarding entitlement to salary increment for step [...] X being dismissed on the basis that they were not and could not be the subject of her first complaint. That being so, there was no final and binding decision on her present claim either expressly or as a necessary step to the decision that she was then entitled to a step VIII increment. Accordingly, the complaint is not barred by res judicata."

    Reference(s)

    ILOAT Judgment(s): 2170

    Keywords:

    absence of final decision; claim; complaint; condition; decision; express decision; general principle; grounds; iloat; increase; increment; judgment of the tribunal; receivability of the complaint; refusal; request by a party; res judicata; right;



  • Judgment 2311


    96th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The complaints must [...] be dismissed. Consequently, the applications to intervene filed by interveners whose claims are the same as the complainants' must likewise be dismissed. Insofar as some of the applications to intervene include other claims, they are irreceivable, as are those submitted by unidentified claimants."

    Keywords:

    claim; complainant; complaint; difference; identical claims; intervention; official; receivability of the complaint; request by a party;



  • Judgment 2306


    96th Session, 2004
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant seeks the creation of an Office of the Ombudsman. "So far as concerns the claim [...], the complaint is clearly irreceivable. In this regard, it is sufficient to note that [the] claim was made for the first time in the complaint to the Tribunal and, accordingly, no decision could have been made on that issue prior to the filing of the complaint. More importantly, the claim does not concern the non-observance of the complainant's terms of appointment or of the provisions of the Staff Regulations of the [Organization], they being the only matters upon which this Tribunal is competent to adjudicate."

    Keywords:

    absence of final decision; breach; claim; competence of tribunal; consequence; contract; iloat; internal appeal; new claim; procedure before the tribunal; provision; receivability of the complaint; staff regulations and rules;



  • Judgment 2299


    96th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "It is not for the Tribunal to appoint the complainant either to the post he applied for or to a specific grade, as he requests."

    Keywords:

    appointment; claim; competence of tribunal; competition; grade; iloat; post;



  • Judgment 2239


    95th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "Since the complaints fail, so must the applications to intervene, it being noted that certain claims they contain which differ from those submitted in the complaints are in any case irreceivable."

    Keywords:

    claim; complaint; difference; intervention; new claim; receivability of the complaint; refusal; request by a party;



  • Judgment 2218


    95th Session, 2003
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The Organization argues that the complainant submitted new "conclusions" to the Tribunal, compared to those he had put forward in his internal appeal [...]. In fact, the complainant's pleas, whether in the internal appeal or before the Tribunal, consist in challenging the decision taken regarding his grade and in obtaining a position in the normal salary scale at the level closest to the salary he had been receiving in the previous system. His request to be placed at a graded level within the new scale instead of one altogether outside the scale cannot properly be considered as going beyond the claims he had submitted in the internal appeals proceedings".

    Keywords:

    claim; complainant; complaint; decision; identical claims; iloat; internal appeal; interpretation; new claim; procedure before the tribunal; receivability of the complaint; request by a party; salary; scale;



  • Judgment 2190


    94th Session, 2003
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The complainant's claim that the Tribunal should order the organization to undertake disciplinary investigations into the actions of [...] the staff member who allegedly entered a 'frivolous and dilatory' plea of irreceivability before the [Headquarters] Board [of Appeal], clearly cannot be allowed by the Tribunal, which has no jurisdiction to issue injunctions against international organisations, let alone to cast judgment on the means of defence used on behalf of such organisations in the context of internal appeal proceedings or litigation."

    Keywords:

    claim; competence of tribunal; disciplinary procedure; inquiry; internal appeal; internal appeals body; investigation; organisation; receivability of the complaint; reply; right to reply;



  • Judgment 2185


    94th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    In its judgment on the complainant's first complaint the Tribunal gave the organisation the choice between reinstating the complainant or paying her a compensation. "The organization clearly chose not to reinstate the complainant. Consequently, the complainant's claim for reinstatement is irreceivable. It should also be noted that since [the organization] applied the second option of [that] judgment [...] to the complainant, she cannot seek to benefit from the first option as well."

    Reference(s)

    ILOAT Judgment(s): 1553

    Keywords:

    allowance; application for execution; claim; decision; enforcement; iloat; judgment of the tribunal; organisation; receivability of the complaint; reinstatement;



  • Judgment 2160


    93rd Session, 2002
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Clearly, most of the relief claimed is not within the power of the Tribunal to grant at this stage for it depends upon a finding by a competent body (a medical board) that the complainant in fact suffers from the psychological condition mentioned and a finding by another competent body (a compensation board) that such condition is service-related. Equally clearly, however, she is entirely within her rights to demand that such bodies be constituted without delay."

    Keywords:

    claim; competence of tribunal; complaint; delay; illness; medical board; organisation's duties; receivability of the complaint; right;



  • Judgment 2107


    92nd Session, 2002
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The complainant's claim that he should be considered as a fixed-term staff member cannot be sustained. The complainant was recruited as a short-term staff member, without having to go through a competition process; he accepted several contract renewals. It was within the discretionary authority of the Director-General to decide during the years that the complainant was with the organization whether to renew each short-term contract or offer him a fixed-term contract. There is no basis on which the complainant can claim to be treated retroactively as if he had a fixed-term contract. He was at all times a short-term staff member."

    Keywords:

    acceptance; appointment; claim; competition; complainant; contract; decision; discretion; executive head; fixed-term; non-retroactivity; official; participation; refusal; short-term; status of complainant; terms of appointment;



  • Judgment 2065


    91st Session, 2001
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4-5

    Extract:

    "In this application the complainant is challenging the decision of 31 August 2000 [...] However, the President's new decision of 11 April 2001 [...] has deprived the application of a cause of action. Since he claims costs, it must be determined whether the complainant did have a cause of action at the time of filing this application on 11 October 2000."

    Keywords:

    application for execution; cause of action; claim; costs; date; decision; executive head; no cause of action; receivability of the complaint;



  • Judgment 2063


    91st Session, 2001
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    After the complainant underwent surgery, the insurance brokers refused to cover his convalescence in a home. "In order to assess any physical injury suffered by the complainant, it is necessary to ascertain the later consequences for his health of the refusal to meet the costs of his admission to a convalescent home, and the fact that he did not as a result stay in such a home. These are purely medical matters which [...] need to be referred to the Invalidity Committee".

    Keywords:

    claim; competence; consequence; health insurance; illness; medical board; medical expenses; receivability of the complaint; refund; refusal; request by a party;



  • Judgment 2061


    91st Session, 2001
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The Tribunal [...] does not have the authority to issue recommendations about an organisation's general policy."

    Keywords:

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



  • Judgment 2058


    91st Session, 2001
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The complainant asks that the defendant be ordered to publish a denial of the accusations made in [a flash published by the staff union]. It is not, however, for the Tribunal to issue such an injunction."

    Keywords:

    claim; competence of tribunal; moral injury; publication; receivability of the complaint; respect for dignity; staff union;

    Consideration 6

    Extract:

    "The [Organization] is right to object to the receivability of [the complaintant's] claim to the quashing of the invitation to him to write letters of apology. Although one of a set of measures devised by the organization in an attempt to put an end to this regrettable affair, the 'invitation' does not constitute, contrary to what the complainant asserts, a decision that can be set aside. If, however, the measure was proved to be excessive, as the complainant contends it is, his claim to compensation for moral injury arising from the affront to his dignity could be justified." (This is not the case here: see consideration 14.)

    Keywords:

    claim; complaint; decision; decision quashed; moral injury; proposal; receivability of the complaint; respect for dignity;



  • Judgment 1979


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Consistent precedent holds that, since judgments carry the authority of res judicata only for the parties to a dispute (see Judgment 1935 [...]), complainants may not put forward claims for the whole staff, but only for themselves. The complaints are irreceivable insofar as they address the position of persons who are not parties to this suit."

    Reference(s)

    ILOAT Judgment(s): 1935

    Keywords:

    binding character; case law; claim; general principle; judgment of the tribunal; locus standi; receivability of the complaint; request by a party; res judicata; same parties;



  • Judgment 1963


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The complainant [...] wants the President to be ordered to intervene so that the Administrative Council amends the Service Regulations. However, firm precedent has it that the Tribunal may not order such action [...] only in the event that the Office were under an obligation to change its rules in order to ensure respect for the fundamental conditions of service of staff members would the latter, faced with the silence or inaction of the administration, be entitled to challenge the unlawfulness of their situation. In the present case, however, it is fully within the competence of the President and the Administrative Council to amend or not the impugned provisions of the Service Regulations. [...] The complainant cannot plead any breach of his fundamental rights or guarantees as a result of the maintenance of rules which [...] are not unlawful."

    Reference(s)

    ILOAT Judgment(s): 1456, 1591

    Keywords:

    amendment to the rules; case law; claim; competence of tribunal; discretion; staff regulations and rules;



  • Judgment 1929


    88th Session, 2000
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "It is not in the interests of the complainant to seek a ruling in law [...] when in practice he can obtain the quashing of the decision and redress."

    Keywords:

    claim; judgment of the tribunal; receivability of the complaint; right;

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Last updated: 14.10.2021 ^ top