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Due process (187,-666)

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Keywords: Due process
Total judgments found: 170

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  • Judgment 1497


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

    Consideration 7

    Extract:

    "The conclusion [of the Tribunal] is that in appointing [the successful applicant] the Organization broke the basic rule of any process of selection that the successful applicant must have all the minimum qualifications required in the notice of vacancy."

    Keywords:

    appointment; candidate; competition; condition; due process; qualifications; vacancy notice;



  • Judgment 1496


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

    Consideration 8

    Extract:

    The Tribunal would allow a complaint against a decision to transfer an official "if it were a hidden disciplinary sanction because there are specific procedural rules to protect a staff member when disciplinary action is taken: see for example Judgments 126, under 4 and 9, 1078, under 16, and 1407, under 18. In processing, ordering and notifying transfer an organisation must heed the staff member's dignity and good name and not cause unnecessary hardship: see Judgments 367, under 13 and 14, 631, under 27 and 28, 942, under 4, and 1234, under 15 and 19. And the decision must follow a proper enquiry: see Judgment 942, under 4."

    Reference(s)

    ILOAT Judgment(s): 126, 367, 631, 942, 1078, 1234, 1407

    Keywords:

    abuse of power; case law; due process; hidden disciplinary measure; inquiry; investigation; misuse of authority; moral injury; organisation's duties; respect for dignity; staff member's interest; transfer;



  • Judgment 1488


    80th Session, 1996
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "Article 38(3) [...] seeks to ensure that the proposal shall go through a formal process in which the staff have a right to be consulted through the General Advisory Committee. Indeed it makes for good relations between staff and administration not just to empower but to require that body, set up under the Service Regulations to represent both sides, to give 'a reasoned opinion'. It does not matter that management may have consulted the staff on the subject in other ways. What was lacking in this case was what Article 38(3) required: the formal consultation of the General Advisory Committee and the submission of its reasoned opinion before the decision was made."

    Reference(s)

    Organization rules reference: ARTICLE 38(3) OF THE EPO SERVICE REGULATIONS

    Keywords:

    advisory body; consultation; due process; organisation's duties; procedural flaw; staff regulations and rules;



  • Judgment 1477


    80th Session, 1996
    International Training Centre of the International Labour Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "As the Tribunal held in Judgment 1359 [...], an organisation must be careful to abide by the rules on selection and appointment. When the process proves flawed the Tribunal will quash any decisions it engendered and order resumption with due heed to the rules".

    Reference(s)

    ILOAT Judgment(s): 1359

    Keywords:

    appointment; case law; competition; competition cancelled; consequence; due process; flaw; procedural flaw; subsidiary;

    Consideration 9

    Extract:

    "By letting [a special selection] panel draw up a short list and endorsing its conclusions without even seeing the candidates on that list or looking at their records the [Selection] Committee failed to observe its terms of reference under the Staff Regulations. [...] The process of selection was therefore unlawful".

    Keywords:

    competition; competition cancelled; due process; flaw; procedural flaw; selection board; staff regulations and rules;



  • Judgment 1475


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

    Consideration 16

    Extract:

    "The Organization lawfully dismissed the complainant under [Staff] Rule 1070.1: it gave her due written warning; it let her have reasonable time in which to improve; it paid her three months' salary in lieu of notice; and it was unable to reassign her locally."

    Reference(s)

    Organization rules reference: WHO STAFF RULE 1070.1

    Keywords:

    due process; notice; organisation's duties; reassignment; staff regulations and rules; termination of employment;



  • Judgment 1436


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

    Consideration 6

    Extract:

    "As was said for example in Judgment 1223, the Tribunal will not interfere with comparison of candidates in a competition. Only when it appears that the choice rests on a mistake of fact or law or that there has probably been misuse of authority will the Tribunal order the defendant to produce further evidence so that it may review such comparison."

    Reference(s)

    ILOAT Judgment(s): 1223

    Keywords:

    abuse of power; burden of proof; candidate; case law; competition; due process; evidence; further submissions; judicial review; mistake of fact; misuse of authority; presumption of innocence; qualifications; selection procedure;



  • Judgment 1422


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

    Consideration 6

    Extract:

    The Tribunal has ruled in Judgment 988 "that Regulation 4.9 allows the Secretary-General to promote someone even against the Appointment and Promotion Board's advice and is intended as a safeguard to ensure compliance with the rules on appointment and promotion. The intent is not to enable the Secretary-General to prefer a weaker candidate on compassionate or indeed any other grounds."

    Reference(s)

    Organization rules reference: ITU STAFF REGULATION 4.9
    ILOAT Judgment(s): 988

    Keywords:

    advisory body; advisory opinion; appointment; case law; discretion; due process; enforcement; executive head; interpretation; promotion; promotion board; safeguard; selection board; staff regulations and rules;



  • Judgment 1418


    78th Session, 1995
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "The written submissions for which the Tribunal's Statute provides have afforded [the complainant] a further opportunity to gain particulars of the charges and to answer them in full in his rejoinder. The plea of breach of due process cannot be sustained."

    Keywords:

    complaint; due process; iloat statute; right to reply; submissions;



  • Judgment 1406


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

    Consideration 7

    Extract:

    The complainant wants the Tribunal to hold hearings and call witnesses "if it needs proof of any facts. Since the WHO has produced further evidence, there is no need for such hearings. Moreover, the disclosure of that evidence satisfies the Tribunal that there has been due process."

    Keywords:

    actuary; adversarial proceedings; disclosure of evidence; due process; oral proceedings;



  • Judgment 1395


    78th Session, 1995
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant was dismissed under Staff Rule 2.6.01 which says that "appointments shall terminate on account of [...] g) dismissal for specified reasons of unsuitability." The Tribunal holds that this means, "first that the reasons must be 'specified' in some form that enables the staff member to understand them clearly and, secondly, that the statement of them must be prior to the actual dismissal. It is, after all, a general principle of law that the staff member must be afforded a proper opportunity, again prior to dismissal, to answer any allegations of unsuitability."

    Reference(s)

    Organization rules reference: EMBL'S STAFF RULE 2.6.01

    Keywords:

    due process; duty to substantiate decision; flaw; general principle; organisation's duties; reinstatement; right to reply; staff regulations and rules; termination of employment; unsatisfactory service;



  • Judgment 1390


    78th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 27

    Extract:

    The organisation argues that the International Court of Justice in an opinion it delivered on 23 October 1956 "recognised that the internal practices of international organisations may have force of law (Digest 1956, p. 18). But those practices must be lawful and must not offend, as they do in the present case, against the internal law of an organisation or the principles of due administrative process."

    Keywords:

    advisory opinion of icj; case law; competition cancelled; due process; icj; practice; staff regulations and rules; written rule;



  • Judgment 1386


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    A probationer "has every right to expect of the administration that it will provide proper conditions for probation."

    Keywords:

    due process; organisation's duties; probationary period;

    Consideration 21

    Extract:

    "The administration is [...] at fault for not giving the complainant sufficient warning that there had been criticism of him and the success of his probation was in jeopardy. The organisation contends that he did get several oral warnings. Yet, contrary to the requirements of due administrative process, the file contains no evidence of such warnings, or their date or substance. The Tribunal is therefore unable to assess their scope."

    Keywords:

    due process; duty to inform; probationary period; procedural flaw; qualifications; termination of employment; warning;



  • Judgment 1384


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

    Consideration 15

    Extract:

    The complainant was accused of removing computer equipment from the work place. For that reason the organization did not renew his fixed-term contract. "There were many flaws in the procedure that the organization followed. It did not allow the complainant to be present when statements were taken from the witnesses or to question them. [...] Not only was he denied access to their statements but even their identity was concealed from him. [...] No verbatim record of the statements by the witnesses was ever produced." He never got to see the results of the investigation carried out into the matter and he was not given an opportunity to put forward any arguments in his favour. "The conclusion is that he was denied his right to defend himself before an adverse decision was taken [...]. The complainant's right of defence was seriously prejudiced."

    Keywords:

    conduct; contract; due process; fixed-term; flaw; inquiry; investigation; misconduct; non-renewal of contract; procedural flaw; right to reply;



  • Judgment 1380


    78th Session, 1995
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    The complainant says that "the administration failed to observe the time limit of sixty days when it replied to the Joint Appeals Board on [two appeals she had lodged], in breach of Rule 112.02(b)(ii). This provision has no application to the organization's reply in the internal appeals procedure: the time limit of sixty days applies to the Director-General's reply to a written request under Rule 112.02(a) for review of an administrative decision."

    Reference(s)

    Organization rules reference: STAFF RULE 112.02

    Keywords:

    due process; internal appeal; internal appeals body; organisation's duties; staff regulations and rules; time limit;



  • Judgment 1378


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

    Consideration 8

    Extract:

    "The relevant provisions of the Manual require that [...] the receiving unit prepare written evaluations of [the candidates]. Thus it was both proper and reasonable for the receiving unit to interview candidates in order to prepare the required reports and evaluations."

    Reference(s)

    Organization rules reference: WHO MANUAL PARAGRAPH II.3.340; WHO MANUAL PARAGRAPH II.3.341 WHO MANUAL PARAGRAPH II.3.342

    Keywords:

    candidate; competition; due process; qualifications; staff regulations and rules;



  • Judgment 1376


    77th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    The purpose of Headquarters Board of Appeal's rules of procedure is "to promote the expeditious and orderly hearing of appeals, not to deprive appellants of any right of appeal conferred on them by the Staff Rules."

    Keywords:

    due process; internal appeal; internal appeals body; organisation's duties; purpose; right of appeal; staff member's interest; staff regulations and rules; time limit;

    Consideration 15

    Extract:

    "The organization has asked that if its objections to receivability are not upheld the Tribunal send the case back to the Headquarters Board of Appeal. The Tribunal will not do so. The Board has already had the opportunity to go into the merits but declined to do so, and there is no call to afford it the opportunity again."

    Keywords:

    due process; internal appeals body; judicial review; organisation's duties; refusal; remand;



  • Judgment 1374


    77th Session, 1994
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The PAHO's applying the wrong criteria to determine the 'priority groups' flaws the reduction-in-force procedure because it means that the staff whose posts had been abolished were not put in the order of priority prescribed in the manual for retention."

    Keywords:

    abolition of post; criteria; due process; enforcement; flaw; priority; procedure before the tribunal; staff reduction; staff regulations and rules;

    Consideration 6

    Extract:

    According to the case law (see Judgments 469 and 1045) the reduction-in-force procedure "must be followed before, not after, notice of termination is given. In line with the rules and the case law, therefore, the notices of termination served on the complainants [...] were premature and so unlawful and without effect. For that reason [...] their contracts must be deemed to have been extended by implication."

    Reference(s)

    ILOAT Judgment(s): 469, 1045

    Keywords:

    case law; contract; due process; flaw; non-renewal of contract; notice; procedure before the tribunal; reinstatement; staff reduction; staff regulations and rules;



  • Judgment 1371


    77th Session, 1994
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The ad hoc reduction-in-force committee has discretion to consider a candidate well-suited for work in a particular group "on the strength of his actual qualifications and experience. In this case the committee failed to exercise such discretion and so the reduction-in-force procedure has not been duly completed. It must therefore be restarted."

    Keywords:

    advisory body; candidate; discretion; due process; flaw; procedure before the tribunal; professional category; staff reduction;



  • Judgment 1354


    77th Session, 1994
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant is challenging CERN's assignment of him on a career path in keeping with a new advancement scheme. He says the procedure should have been adversarial. The plea fails. "There is no question of any breach of his right to due process." Even discounting his discussions about CERN's provisional determination of his career path, both his internal appeal and the present proceedings "have afforded him ample opportunity to plead his case".

    Keywords:

    adversarial proceedings; assignment; complaint; due process; internal appeal; right to reply;



  • Judgment 1350


    77th Session, 1994
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "A decision as important as termination before expiry of a fixed-term appointment on other than disciplinary grounds must scrupulously observe due process and the safeguards that an appointment with an international organisation affords, whether under the contract or under the rules. In this case the procedure was flawed and the safeguards were not observed. The impugned decision to terminate the complainant's appointment therefore cannot stand, and UNESCO must pay him damages in an amount equivalent to the pay he would have been entitled to had his appointment expired" on the date it was due to run out.

    Keywords:

    contract; due process; fixed-term; procedural flaw; safeguard; staff regulations and rules; termination of employment;

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