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Due process (187,-666)

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Keywords: Due process
Total judgments found: 170

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  • Judgment 1133


    72nd Session, 1992
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant was charged with serious misconduct. An inquiry was held to which the complainant was not invited to give evidence. The Tribunal holds that "the failure of the WHO to afford the complainant an opportunity to be present at the Personnel Department's taking of statements and to put questions to the witnesses amounts to breach of due process. The Tribunal stated the material principle in Judgment 999 : whoever makes inquiries of the kind that were made in this case must be scrupulous in not taking evidence from one party without the other's knowledge. Whether or not the evidence did work to the complainant's prejudice is irrelevant. It is sufficient that it might have done so, and it is not the likelihood but the risk of prejudice that is fatal." [See Judgment 2601, under 7.]

    Reference(s)

    ILOAT Judgment(s): 999, 2601

    Keywords:

    due process; evidence; misconduct; right to reply; serious misconduct; termination of employment;



  • Judgment 1127


    71st Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The Reports Committee, which was called on to advise on whether the complainant's appointment should be confirmed, is free, as is the Tribunal, to turn down a complainant's request for hearings in the absence of any procedural rule to the contrary. "There was no breach of due process: provided that both parties were given the opportunity to state their views - and they were - the Reports Committee was free to conduct its inquiry as it thought fit."

    Keywords:

    adversarial proceedings; advisory body; due process; oral proceedings; procedure before the tribunal;



  • Judgment 1067


    70th Session, 1991
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7-8, Summary

    Extract:

    The complainant, who holds grade P.3, challenges the Organization's refusal to regrade his post to P.4. The fact that his chief failed to complete a questionnaire about changes in his duties does not, as he alleges, constitute a flaw such as to vitiate the reclassification procedure. Nor does the administration's refusal to disclose the Classification Unit's findings amount to a denial of due process.

    Keywords:

    disclosure of evidence; due process; organisation's duties; post classification; procedural flaw; procedure before the tribunal; report;



  • Judgment 958


    66th Session, 1989
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The foremost and surest safeguard against personal prejudice is due process, which is designed above all to prevent improper influence on administrative decisions."

    Keywords:

    bias; due process; safeguard;



  • Judgment 248


    34th Session, 1975
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "[A]fter her dismissal, before she appeared before the [...] Appeals Board and on appearing before the Board, [the complainant] had every opportunity to examine all the documents in her dossier and to submit her case. She thus enjoyed all the formal and procedural safeguards stipulated by the terms of her appointment and the general principles of law."

    Keywords:

    adversarial proceedings; disclosure of evidence; due process; right to reply; termination of employment;



  • Judgment 162


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The procedure laid down for the purpose of enabling an official to defend himself against the charges against him [written notification of charges, time limit for reply] is inappropriate once the person concerned has admitted those charges. The safeguard provided by [the rule] has become pointless in the present case, since the complainant has admitted his misconduct in statements which the Tribunal has found to be true."

    Keywords:

    adversarial proceedings; due process; evidence; misconduct; purpose; right to reply; safeguard; termination of employment;



  • Judgment 161


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;



  • Judgment 160


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;



  • Judgment 159


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;



  • Judgment 32


    7th Session, 1958
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The decision of the Director-General to refuse an indeterminate appointment "is particularly serious because it deprives the official concerned of the possibility of making a career within the organization which a lengthy period of satisfactory service had entitled him legitimately to expect [...]. Therefore such a decision should be taken only while fully respecting the provisions of the [Regulations] in order to surround the free decision of the Director-General with the guarantees imposed in the interests both of the organization and of the official concerned."

    Keywords:

    career; contract; due process; flaw; legitimate expectation; organisation's interest; permanent appointment; refusal; satisfactory service; staff member's interest;

    Considerations

    Extract:

    The irregularities indicated "resulted in depriving complainant of the opportunity of effectively discussing the appreciations made by his superiors, a fact aggravated by reason of the irregularities by which the procedure of the [Advisory] Committee was tainted, resulting in complainant being unable to avail himself of a procedure under which he might have been able to emphasise the qualities he claimed with a view to possibly obtaining an indeterminate appointment [...]. In this manner, the complainant was deprived of the possibility of having the decision taken modified, a possibility available to him under the Staff Regulations and Rules."

    Keywords:

    advisory body; consultation; contract; due process; fixed-term; flaw; non-renewal of contract; permanent appointment; procedural flaw; refusal; right to reply; work appraisal;

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