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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 1877


    87th Session, 1999
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The [organisation] rightly asserts that out of respect for the lawfulness of the Administration's action and the equality of treatment of staff it is obliged to respect rules prescribing time limits (see Judgment 1502, in re Baillon, under 6 and the judgments cited therein). However, both organisation and staff members are each required to respect the rules of good faith (see Judgment 1756 in re Awoyemi, and the judgments cited therein), especially in cases of respect for time limits. "If an organisation wants to put procedural restrictions on one of the staff member's rights or on the exercise thereof it must draft clearly enough to avoid setting traps. If it fails to do so, the text may be construed in the staff member's favour" (see Judgment 1502 under 6). The Tribunal also noted that the time limit for claims must start "at the date at which payment becomes due. If that were not so, the lapse of time would work to the claimant's detriment for as long as the rules precluded his making the claim" (see the same Judgment under 9).

    Reference(s)

    ILOAT Judgment(s): 1502

    Keywords:

    claim; time limit;



  • Judgment 1792


    86th Session, 1999
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Someone who intervenes in a complaint [...] may not put forward any pleas but the complainant's. The intervener must have the same claims as the complainant and seek the same redress on the strength of the same pleas." (See Judgments 365 and 366.)

    Reference(s)

    ILOAT Judgment(s): 365, 366

    Keywords:

    application for execution; claim; complaint; difference; intervention; judgment of the tribunal; new claim; new plea;



  • Judgment 1763


    85th Session, 1998
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "[W]ith respect to the complainant's submission that the Disciplinary Board's report is not valid because it is not dated, signed or otherwise authenticated, the 'report' is actually a summary record of the Board's meetings. There is no evidence whatsoever to indicate that the record is not an accurate summary of the Board's views, and it was clearly adopted by the Board, as well as the [Organisation], as representing them. The substance of the summary record clearly indicates the conclusion of the Board. There is thus no irregularity in the form of the report."

    Keywords:

    claim; disciplinary procedure; formal flaw; formal requirements; report;



  • Judgment 1734


    85th Session, 1998
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The observance of time limits is not an empty formality but essential to sound management. Only in exceptional cases may they be waived, namely when to demand strict compliance would cause a flagrant miscarriage of justice and good faith must instead prevail. Of course the rules of good faith apply to organisation and employee alike. It would be in bad faith for the organisation to make a staff member bear the consequences of any obscurity in the rules or in its dealings with him. Thus the Tribunal has often ruled that time limits and other procedural requirements should not set traps: see Judgments 522 [...], 607 [...], 873 [...], 1247 [...], 1317 [...], 1376 [...] and 1502 [...]. Likewise, good faith requires the staff member to pay due heed to the organisation's rules on such matters as dispute procedures. Written rules are there to be consulted and, if need be, the staff member may seek help from colleagues, from a staff association or from counsel in understanding them.

    Reference(s)

    ILOAT Judgment(s): 522, 607, 873, 1247, 1317, 1376, 1502

    Keywords:

    claim; time limit;



  • Judgment 1666


    83rd Session, 1997
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4(a)

    Extract:

    "A claim to a ruling in law will be receivable only if the complainant shows some cause of action. Generally he may not do so if he may instead challenge a specific decision in support of his claim to redress. "Here the complainant makes two claims to rulings in law. The first seems to have been made only to lend substance to his claims to redress. "It cannot stand on its own since it shows no cause of action that the complainant may have."

    Keywords:

    cause of action; claim; receivability of the complaint;



  • Judgment 1595


    82nd Session, 1997
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The Tribunal "may not replace the Organisation's assessment of the applicants with its own and order any particular appointment. So the complaint is irreceivable insofar as the complainant is claiming reinstatement in her former duties and permanent appointment to the post."

    Keywords:

    appointment; claim; competence of tribunal; discretion; judicial review; receivability of the complaint;



  • Judgment 1591


    82nd Session, 1997
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The Tribunal may not order the Chairman of the EPO's Council to offer him an apology. It "is not competent to issue an order of that kind to the authorities of an international organisation."

    Keywords:

    claim; competence of tribunal; executive body; receivability of the complaint; summary procedure;



  • Judgment 1547


    81st Session, 1996
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "The claim by Mr. C. to an award of damages to the union is irreceivable because his complaint is in his own name."

    Keywords:

    claim; complaint; locus standi; receivability of the complaint; staff union;



  • Judgment 1532


    81st Session, 1996
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "Claim 8 is to costs. Again the Tribunal reminds [the complainant], in view of the intemperate language of his submissions, that he owes a duty of respect to the Organization and to its staff. Because he has failed in that duty the Tribunal disallows his claim to costs, even though one of his claims succeeds."

    Keywords:

    claim; complaint; conduct; costs; freedom of speech; limits; no award of costs; organisation's reputation; staff member's duties;



  • Judgment 1519


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The organization "objects that [one of] the complainants' [pleas] is irreceivable because they did not put it forward in support of their original claim. The objection is mistaken: receivability depends on the making of prior claims, not of prior pleas. [...] They may enter whatever pleas they like, including any they did not make in support of their internal appeal."

    Keywords:

    claim; complaint; internal appeal; new claim; new plea; receivability of the complaint;



  • Judgment 1504


    81st Session, 1996
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "It is not appropriate for [the complainant] to make a counterclaim to damages [for the moral injury allegedly caused to her] in the context of her submissions on an application by the organization for review [...] The claim arises out of a separate cause of action and is one that she should pursue separately."

    Keywords:

    application for review; claim; counterclaim; moral injury; new claim;



  • Judgment 1500


    80th Session, 1996
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The complainant filed within the time limit in the Statute the complaint form provided for in the Schedule to the Rules. The entries sufficed to identify the decision he was impugning and the relief he was claiming. The registering of the complaint and the correcting of it within the time limit were in line with the Rules. Since the complaint was lodged in time the Organization's objection to receivability fails."

    Keywords:

    claim; complaint; correction of complaint; decision; formal requirements; iloat statute; receivability of the complaint; time limit;



  • Judgment 1485


    80th Session, 1996
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant's claim to moral damages fails because he is not "challenging any final administrative decision or decisions and because its wording is too vague for it to be entertained."

    Keywords:

    claim; vague claim;



  • Judgment 1450


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    Having been denied permanent appointments, the complainants are seeking compensation failing reinstatement. The EPO pleads that the claim is irreceivable for failure to exhaust the internal remedies open to them. "The EPO fails in its preliminary objection to the complainants' claim to damages. [...] It may not refuse the complainants access to the appeal procedure on the grounds that they are 'auxiliary' staff, yet say that they ought, in what amounted to preliminary appeal [...] to have demarcated the full ambit of any future litigation."

    Keywords:

    claim; good faith; internal appeal; internal remedies exhausted; material damages; organisation's duties; receivability of the complaint; status of complainant;

    Consideration 20

    Extract:

    Having been denied permanent appointments, the complainants are seeking compensation failing reinstatement. The EPO pleads that the claim is irreceivable for failure to exhaust the internal remedies open to them. "The EPO fails in its preliminary objection to the complainants' claim to damages. [...] The organisation must realise, it is precisely in cases like this, about termination of employment, that the Tribunal may [...] itself award damages if it deems reinstatement impossible."

    Keywords:

    application of law ex officio; claim; internal remedies exhausted; material damages; receivability of the complaint; reinstatement; subsidiary;



  • Judgment 1443


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The complainant may not put wider claims to the Tribunal than in the internal appeal".

    Keywords:

    claim; complaint; internal appeal; internal appeals body; internal remedies exhausted; new claim; receivability of the complaint;

    Consideration 3

    Extract:

    "Some of the complainant's [...] procedural and substantive objections [rely on] claims and pleas [presented by] other staff whose appeals also went to the Appeals Committee. As the EPO [correctly] observes, the material issues of this complaint are [limited to] the decision he was challenging in his internal appeal."

    Keywords:

    claim; complaint; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint;



  • Judgment 1435


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The complainant wants the Tribunal to set aside the appointment of an internal candidate to a post he applied for and challenges the promotion of that candidate. "The complainant has not on any grounds challenged that promotion by way of an internal appeal and he has therefore failed to exhaust the internal remedies available to him. What is more, he has failed to show that he was adversely affected by the promotion. So the Tribunal will not in the context of this application determine whether or not the promotion was valid."

    Keywords:

    absence of final decision; cause of action; claim; internal appeal; internal remedies exhausted; lack of injury; receivability of the complaint;



  • Judgment 1433


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "As to his further claims in his rejoinder, the Tribunal observes that [...] the complainant neither challenged [a given claim] in his internal appeal [...] nor set out the claims in the form introducing the present complaint. He has made the claims in internal appeals which are still pending, and the claims are therefore at present irreceivable under Article VII(1) of the Tribunal's Statute because he has failed to exhaust the internal means of redress."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    absence of final decision; claim; complaint; iloat statute; internal remedies exhausted; new claim; receivability of the complaint; rejoinder;



  • Judgment 1430


    79th Session, 1995
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    Since the complainant did not meet the requirements laid down in the vacancy notice, the decision not to select him "has caused him no injury".

    Keywords:

    cause of action; claim; competition; condition; lack of injury; receivability of the complaint; vacancy notice;



  • Judgment 1423


    79th Session, 1995
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Since the complainant's grade is P.2 he "has no locus standi in challenging any new salary scales applicable to the general service category of staff. Because he belongs to another category of staff the revision of those scales cannot cause him injury."

    Keywords:

    cause of action; claim; complainant; general service category; injury; lack of injury; professional category; receivability of the complaint; salary; scale;



  • Judgment 1406


    78th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The Tribunal dismisses [the complainant's] claims to reinstatement or payment of two years' salary and to further moral damages to cover the injury to her future financial prospects since there was nothing unlawful in the WHO's refusal to reinstate her or extend her appointment."

    Keywords:

    claim; contract; good faith; material damages; moral injury; non-renewal of contract; organisation's duties; reinstatement;

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