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Due process (187,-666)

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Keywords: Due process
Total judgments found: 170

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  • Judgment 2014


    90th Session, 2001
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17(D)

    Extract:

    The complainant argues that his dismissal was based on unsubstantiated accusations and evidence that was not made available to him. "It is true that confidential information given to the auditors was not made known to him, the Joint Disciplinary Committee or the Joint Appeals Board. This puts that evidence in the realm of unsubstantiated hearsay which should not have been relied on. It is contrary to due process to require an accused staff member to answer unsubstantiated allegations made by unknown persons. The staff member is entitled to confront his or her accusers. In the present case, if the organization was not willing to disclose the identity of the complainant's accusers, and had no other independent evidence to rely on, the charges should not have been brought."

    Keywords:

    admissibility of evidence; adversarial proceedings; communication to third party; confidential evidence; disciplinary procedure; disclosure of evidence; due process; due process in disciplinary procedure; duty to inform; evidence; witness;

    Consideration 18

    Extract:

    "The Tribunal considers that either there was sufficient admissible evidence of the guilt of the complainant as an accused staff member or there was not. If there was not enough admissible evidence to convince the person making a decision, the charge should have been dismissed; if there was enough such evidence, then there should have been a finding of guilty. What is not permissible is to take a stand somewhere between the two, which is what the [Joint Appeals] Board did."

    Keywords:

    admissibility of evidence; appraisal of evidence; due process; evidence; lack of evidence; organisation's duties; presumption of innocence; staff member's interest;



  • Judgment 1990


    89th Session, 2000
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The basic rules to be respected [in a competition] include the right of all applicants to equal treatment. The organisation may make no distinction between candidates on the basis of criteria - language, for example - which are not referred to in the entry requirements (see Judgment 1158, [...] under 4 et seq)."

    Reference(s)

    ILOAT Judgment(s): 1158

    Keywords:

    candidate; competition; criteria; due process; equal treatment; knowledge of languages; qualifications;



  • Judgment 1975


    89th Session, 2000
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant, a security guard, was dismissed for committing a fault: he had disactivated an alarm button to prevent it from setting off inadvertently and had forgotten to tell his colleagues. "The oversight by the Personnel Department, which omitted to carry out the statutory medical examination [on cessation of service], does not affect the lawfulness of the impugned decision."

    Keywords:

    decision; disciplinary measure; due process; effect; medical examination; misconduct; negligence; termination of employment;



  • Judgment 1901


    88th Session, 2000
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8-9

    Extract:

    The organization refused the complainant both an unsuitability and an invalidity pension. It explains that it couldn't arrange for a final medical examination at the time of the complainant's dismissal because he was in prison. "The Tribunal cannot accept that argument. Under Article R II 4.18 of the Staff Regulations, a medical examination is compulsory when a contract is terminated, for whatever reason. In view of the particular circumstances of the case, [the organization] should have been at particular pains to comply with that rule. In the absence of such an examination the pension fund should have determined whether, upon termination of service, the complainant was to be treated as unfit for work because of a deterioration in his physical or mental health which occurred while he was employed by [the organization]. The administrator of the Pension Fund was, therefore, wrong [...] when he refused to consider the complainant's entitlement to a pension for unsuitability." The case was sent back to the Pension Fund.

    Reference(s)

    Organization rules reference: ARTICLE R II 4.18 OF THE STAFF REGULATIONS OF CERN

    Keywords:

    cern pension fund; disability benefit; due process; incapacity; invalidity; medical examination; organisation's duties; pension; pension entitlements; procedure before the tribunal; refusal; service-incurred; termination of employment;



  • Judgment 1893


    88th Session, 2000
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    By its Judgment 1814 the Tribunal set aside the decision rejecting the complainant's appeal and sent the case back to the organization. The Tribunal considers that "Judgment 1814 did not imply that his case succeeded on the merits; its sole objective was to send the case back to [the organization]'s competent bodies so that a lawful decision could be taken."

    Reference(s)

    ILOAT Judgment(s): 1814

    Keywords:

    case sent back to organisation; decision; decision quashed; due process; flaw; internal appeal; judgment of the tribunal; organisation's duties; purport; remand;



  • Judgment 1892


    88th Session, 2000
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    By its Judgment 1814 the Tribunal set aside the decision rejecting the complainant's appeal and sent the case back to the organisation. The Tribunal considers that "it was appropriate to resume the procedure by referring the matter back to the Joint Committee for Disputes because it was the unlawful nature of the latter's opinion that led to the quashing of the decision. However, proper execution of the judgment did not necessarily imply recognition that the complainant's appeal was sound: all that was required was a new decision taken after due process."

    Reference(s)

    ILOAT Judgment(s): 1814

    Keywords:

    application for execution; case sent back to organisation; decision; decision quashed; due process; execution of judgment; flaw; internal appeal; internal appeals body; judgment of the tribunal; organisation's duties; purport; remand; report;



  • Judgment 1814


    86th Session, 1999
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7-8

    Extract:

    The Joint Committee for disputes dealt with the "complaint" by correspondence. The Tribunal considers that the texts provide "that the Committee shall meet', and it meets only if all the full members, or in their absence the alternate members, are present'. On that score alone there was breach of due process and the impugned decision cannot stand."

    Keywords:

    condition; due process; internal appeal; internal appeals body; interpretation; procedural flaw; report;



  • Judgment 1796


    86th Session, 1999
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The statements by the representative [of the organization] and by the complainant are at odds and there is no irrefutable evidence before the Tribunal. The conclusion is that what was needed was a proper inquiry to see whether on the strength of reliable evidence the charges against him stood up.

    Keywords:

    appraisal of evidence; disciplinary measure; disciplinary procedure; due process; evidence; inquiry; investigation; judicial review; misconduct;

    Consideration 15

    Extract:

    The complainant was reassigned because of his alleged poor attendance and time-keeping. "The [Organization's] treatment of him looks like punishment for conduct it disapproved of and for low output. So there should first have been due disciplinary process affording him full safeguards."

    Keywords:

    conduct; disciplinary measure; disciplinary procedure; due process; misconduct; official; organisation's duties; output; punctuality; right to reply; safeguard; transfer; unsatisfactory service;



  • Judgment 1763


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

    Considerations 15 and 17

    Extract:

    The complainant is accused of having cheated the Organisation by falsifying airline tickets intended for official travel. "[T]he Director of the Division of Personnel [...] was both the chairman of the Disciplinary Board and the head of the department conducting the initial investigation. That the Director of the Division of Personnel should be chairman of the Board is required by paragraph 13(a) of section 13, Part II, of the Agency's Administrative Manual and does not constitute a procedural flaw, but does give rise to a situation in which there is a grave danger of an actual breach of procedural fairness. That is what in fact occurred. As the chairman of the Disciplinary Board, the Director had to refrain from personal involvement in the investigation. He must not be both judge and policeman. That, however, is what happened on at least one occasion. [...] This constitutes a serious breach of due process. [...] As chairman of the Joint Disciplinary Board, the Director of the Division of Personnel had a duty to be and to appear to be impartial."

    Reference(s)

    Organization rules reference: PARAGRAPH 13(A) OF SECTION 13, PART II, OF IAEA'S ADMINISTRATIVE MANUAL

    Keywords:

    bias; conflict of interest; disciplinary body; disciplinary procedure; due process; inquiry; investigation; investigative body; procedural flaw;



  • Judgment 1741


    85th Session, 1998
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 15-16

    Extract:

    "Whatever his rank was in the programme the complainant was entitled to appraisal that was in keeping with the written rules or at least so far observed due process as to afford him the opportunity of adding any timely comments of his own for entry in his personal file. [...] [T]he conclusion is that for want of any properly made appraisal there is no objective and reliable means of reviewing the grounds for non-renewal. The impugned decision cannot stand."

    Keywords:

    decision; due process; grade; grounds; organisation's duties; performance report; procedural flaw; work appraisal;



  • Judgment 1696


    84th Session, 1998
    World Customs Organization (Customs Co-operation Council)
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The wording of Regulation 9 (b)(3) is plain: the decision to terminate an appointment at the end of probation may be taken only 'after consultation with an advisory body', the Staff Committee." The Organisation submits that it need only speak to the Chairman. But the Committee has several members who are supposed to function as a single body. The Orgnanisation's argument postulates prior delegation of authority to the Committee's Chairman or officers. To be valid, however, such delegation must have some basis in the rules. Failing that, any action "will be ultra vires" there being wrongful failure to consult the Staff Committee, the impugned decision must, in line with patere legem, be set aside.

    Reference(s)

    Organization rules reference: CCC STAFF REGULATIONS 9(B)(3)

    Keywords:

    advisory body; advisory opinion; decision; delegated authority; due process; organisation's duties; patere legem; probationary period; procedural flaw; staff regulations and rules; termination of employment;



  • Judgment 1646


    83rd Session, 1997
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6 and 10

    Extract:

    "When an organisation chooses to hold a competition it must abide by its written rules and by the general principles set forth in the case law, particularly insofar as they govern the formal side of the process. [...] As the Appeal Board gathered from the personal records of the candidates on the preselection panel's list, [the successful candidate] had neither the university degree nor the experience that the notice required."

    Keywords:

    applicable law; appointment; candidate; case law; competition; criteria; degree; due process; international civil service principles; organisation's duties; patere legem; procedure before the tribunal; professional experience; selection procedure; staff regulations and rules; vacancy notice;

    Consideration 11

    Extract:

    "The defendant contends on the strength of the complainant's personal file and his supervisors' reports on his conduct and performance that he was not up to the job anyway. That is neither here nor there. The Union has neglected the cardinal rule of any process of selection: the chosen candidate must have at least the qualifications stipulated in the notice."

    Keywords:

    appointment; candidate; competition; criteria; due process; organisation's duties; personal file; procedure before the tribunal; qualifications; vacancy notice;



  • Judgment 1610


    82nd Session, 1997
    World Customs Organization (Customs Co-operation Council)
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The complainant "objects to breach of her right to be assisted or represented by counsel in the internal appeal proceedings. But she is mistaken. Staff Rule 29.2(d), on the procedure before the Appeals Board, says that 'the appellant may be represented or assisted by any member of the Secretariat'. In refusing the complainant's application the Secretary General was merely applying the rules, and there was no breach of due process since it was still open to her to seek help from a fellow staff member."

    Reference(s)

    Organization rules reference: CCC STAFF RULE 29.2(D)

    Keywords:

    counsel; due process; enforcement; internal appeal; official; procedure before the tribunal; staff regulations and rules;



  • Judgment 1596


    82nd Session, 1997
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 25-26

    Extract:

    "The Tribunal is satisfied on the evidence that the Association calculated the extensions of the complainants' appointments so as to make the dates of expiry and of abolition of their posts coincide and to avoid paying them the [terminal] indemnities in accordance with Regulation 12.5(c). [...] EFTA was not free to manipulate renewal so as to avoid the payment of the indemnity where, if the normal pattern had been followed, the indemnity would have been payable. EFTA must therefore pay the complainants termination indemnities to be reckoned according to length of service as provided in Regulation 12.5."

    Reference(s)

    Organization rules reference: EFTA STAFF REGULATION 12.5

    Keywords:

    abolition of post; contract; due process; extension of contract; separation from service; terminal entitlements;



  • Judgment 1564


    82nd Session, 1997
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The firm case law has it that the Tribunal will not interfere with the comparison of entrants in a competition. Only when it appears that the choice of candidate may rest on some mistake of fact or law or there may have been misuse of authority will the Tribunal order the production of evidence so that it may review such comparison and will the complainant be entitled to see such evidence. In the instant case the review of the selection procedure reveals neither a breach of the Organization's Staff Regulations or other rules, nor any mistake of fact or law, nor misuse of authority."

    Keywords:

    abuse of power; candidate; case law; competition; confidential evidence; disclosure of evidence; discretion; due process; judicial review; limits; mistake of fact; misuse of authority; staff regulations and rules;



  • Judgment 1550


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

    Consideration 7

    Extract:

    "If the complainant felt that the representative's order was ultra vires the proper course was for him, not just to carry on regardless, but to raise the issue with the representative and, if necessary, refer it through the representative to Headquarters for a ruling. By failing to obey an explicit and unambiguous order from his supervisor he was in breach of his duty under the Staff Regulations, which declare staff to be subject to the authority of the Director. In this instance that authority had been delegated to the representative."

    Keywords:

    conduct; decision; decision-maker; delegated authority; due process; insubordination; staff member's duties; staff regulations and rules; supervisor;



  • Judgment 1549


    81st Session, 1996
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "When an organisation wants to fill a post by competition it must comply with the material rules and the general precepts of the case law."

    Keywords:

    appointment; case law; competition; due process; general principle; international civil service principles; organisation's duties; post; selection procedure; staff regulations and rules;

    Consideration 13

    Extract:

    "The purpose of competition is to let everyone who wants a post compete for it equally. So precedent demands scrupulous compliance with the rules announced beforehand: patere legem quam ipse fecisti."

    Reference(s)

    ILOAT Judgment(s): 107, 729, 1071, 1077, 1158, 1223, 1359

    Keywords:

    appointment; case law; competition; due process; equal treatment; organisation's duties; patere legem; selection procedure; staff regulations and rules; vacancy;

    Consideration 13

    Extract:

    "Although an organisation [may consider] late applicants, it must, whenever a competition is required or desired, announce a new deadline in the same way as it did the vacancy. It will then commit no breach of equality and the competition will be seen as fair."

    Keywords:

    appointment; candidate; competition; delay; due process; equal treatment; internal candidate; new time limit; organisation's duties; receivability of the complaint; selection procedure; time limit; vacancy; vacancy notice;

    Consideration 6

    Extract:

    "An official of an international organisation who applies for a vacancy is entitled to have his application considered and assessed according to the set procedure once the organisation admits it under the terms of the vacancy notice. It may not deny that an applicant has a cause of action after it has appointed someone else, especially if the applicant is challenging the appointment on the grounds of breach of his rights in failure to apply the proper procedure".

    Keywords:

    appointment; candidate; case law; cause of action; competition; due process; internal candidate; organisation's duties; receivability of the complaint; staff regulations and rules; vacancy; vacancy notice;

    Consideration 8

    Extract:

    "Whether [the complainant who is now retired] still has any interest in the quashing of someone else's appointment is moot; but he still has an interest in exposing a breach of due process which may warrant an award of damages: see Judgment 729 [...]."

    Reference(s)

    ILOAT Judgment(s): 729

    Keywords:

    appointment; candidate; cause of action; claim moot; compensation; competition; due process; flaw; internal candidate; post; procedural flaw; receivability of the complaint; retirement;

    Consideration 9

    Extract:

    "Any applicant [for employment], whatever his hopes of success, must be considered in good faith and in line with the basic rules of fair competition."

    Keywords:

    appointment; candidate; competition; due process; equal treatment; general principle; good faith; internal candidate; organisation's duties; vacancy;



  • Judgment 1544


    81st Session, 1996
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "Reinstatement would not be appropriate in the circumstances of the case. The complainant's appointment was limited to service in Zimbabwe. From the beginning of 1993 she knew that relations with her first-level supervisor were so unsatisfactory that she could not continue to serve in that country; indeed she herself had made several requests for transfer. She could have had no expectancy of renewal of her appointment in Zimbabwe. She is, however, entitled to damages for the material and moral injury she suffered on account of the premature termination of her appointment and the failure to give her due notice of non-renewal."

    Keywords:

    contract; due process; fixed-term; non-renewal of contract; notice; organisation's duties;



  • Judgment 1522


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

    Consideration 8

    Extract:

    The organization has "discharged its duty to take an express decision duly giving its reasons for not reinstating him. Its decision [not to reinstate him] takes seriatim all the posts he might have been appointed to. It explains the reasons of fact or law why it came to the view that his training, experience or grasp of languages or the need for special skills disqualified him for some posts. The reasons why he was not appointed to others had to do with the budget, some posts being 'frozen'. Or else the reasons were administrative: for example the Appointment and Promotion Board was not in favour, or the organization gave priority to a permanent employee."

    Keywords:

    advisory opinion; application for execution; budgetary reasons; due process; duration of appointment; duty to substantiate decision; judgment of the tribunal; judicial review; knowledge of languages; organisation's duties; permanent appointment; priority; professional experience; promotion board; qualifications; refusal; reinstatement; selection board; training;



  • Judgment 1514


    81st Session, 1996
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    In the light of Judgment 1368 "what [CERN] had to do was not just take new decisions untainted with the flaw the Tribunal had found but apply all the other material, procedural and substantive rules, which, having set aside the impugned decisions on the grounds of that flaw alone, the Tribunal had had no need to comment on. So any objections to the lawfulness of the decisions taken in compliance with the duty [set by the Tribunal] have a bearing on the execution of the judgment. And, as is plain from the case law - see, for example Judgments 732 [...] and 1328 [...] - the complainants did not have to go through the internal appeal procedure before coming back to the Tribunal."

    Reference(s)

    ILOAT Judgment(s): 732, 1328, 1368

    Keywords:

    application for execution; case law; due process; exception; execution of judgment; internal remedies exhausted; judgment of the tribunal; organisation's duties;

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