Due process (187,-666)

You searched for:
Keywords: Due process
Total judgments found: 185

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 | next >

• Judgment 1306

  
  76th Session, 1994
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "When a decision is quashed, it is deemed never to have been taken. The Administration must do whatever the correction of the position in law may require and by due process take a new decision that is free from the fatal flaws in the quashed one and that gives effect to the Tribunal's ruling in the light of the reasoning that underlies it."

  Keywords:

  application for interpretation; due process; effect; flaw; judgment of the tribunal; organisation's duties;
  

  
  
  

• Judgment 1277

  
  75th Session, 1993
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  "Acknowledging that a staff member has a right to leave work by way of protest against an administrative decision he does not care for would indeed mean letting him take the law into his own hands and do justice unto himself. The right of 'legitimate defence' and self-help that the complainant is claiming is alien to due process and, if tolerated, would wreak havoc in any administration."

  Keywords:

  due process; organisation's interest; staff member's duties; unauthorised absence;
  

  
  
  

• Judgment 1273

  
  75th Session, 1993
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "A decision not to renew an appointment, though discretionary, must be taken for proper reasons that are notified to the staff member. It will be unlawful if it was not taken by the competent authority and in line with the set rules of procedure, if there was a mistake of law or of fact or abuse of authority, or if some clearly mistaken conclusion was drawn from the evidence."

  Keywords:

  abuse of power; competence; contract; decision; decision-maker; discretion; due process; duty to substantiate decision; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; non-renewal of contract; organisation's duties;
  

  
  
  

• Judgment 1272

  
  75th Session, 1993
  World Tourism Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 15

  Extract:

  If someone from outside of the organization who was picked on the strength of experience and qualifications "is given responsibilities that confer authority over serving staff or entail even a temporary change in the organisation's structure, his appointment must comply with the usual rules on the establishment and filling of posts. That is so even where the contract he signs stipulates that he shall not be an international civil servant."

  Keywords:

  appointment; contract; creation of post; due process; external collaborator; staff regulations and rules; supervisor;
  

  
  
  

• Judgment 1251

  
  74th Session, 1993
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  The complainant was accused of misappropriating funds and summarily dismissed for misconduct. He says there was no fair and proper investigation of the charges against him. The Tribunal observes that the investigators failed to reach the complainant and "the organization made no effort to give him an opportunity of controverting or explaining the several matters which resulted in his dismissal. [...] Up to the time that the Joint Disciplinary Committee was appointed [...] he had no opportunity of explaining his position."

  Keywords:

  decision; disciplinary measure; disciplinary procedure; due process; inquiry; investigation; right to reply; serious misconduct; summary dismissal; termination of employment;
  

  
  
  

• Judgment 1246

  
  74th Session, 1993
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 14-15

  Extract:

  "The purpose of Article 6.7.3 of the Staff Regulations is that the lapse of time between first and second reports should be long enough - the period prescribed is nine months - to give the probationer a proper opportunity of showing his mettle before the second report has to be made. The period of less than three months that the complainant was allowed was far too short to allow of any substantial improvement. [...] The procedural flaw caused the complainant injury."

  Keywords:

  cause of action; date; delay; due process; flaw; performance report; probationary period; procedural flaw; qualifications; staff regulations and rules;
  

  Consideration 15

  Extract:

  "The procedural flaw caused the complainant injury. As to the relief she is entitled to on that account, the Tribunal holds that it is not advisable to grant her the redress that would ordinarily be the consequence of quashing the impugned decision, namely reinstatement. The Tribunal therefore exercises the discretion vested in it by Article VIII of its Statute and instead awards the complainant damages for the breach of procedure. It sets the amount at the equivalent of one year's salary and allowances."

  Reference(s)

  ILOAT reference: ARTICLE VIII OF THE STATUTE
  
  

  Keywords:

  allowance; compensation; decision; due process; flaw; iloat statute; material damages; procedural flaw; reinstatement; right; salary; tribunal;
  

  
  
  

• Judgment 1244

  
  74th Session, 1993
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  The meaning of Article VII(1) of the Tribunal's Statute is, according to the case law, "that a complainant must not only have gone through any internal appeals procedure within his organisation but duly complied with the requirements of the rules on that procedure. Thus, if the internal appeal was irreceivable under those rules, the complaint to the Tribunal will also be irreceivable under Article VII(1)."

  Reference(s)

  ILOAT reference: ARTICLE VII(1) OF THE STATUTE
  
  

  Keywords:

  case law; complaint; due process; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; procedure before the tribunal; receivability of the complaint; staff regulations and rules; tribunal;
  

  
  
  

• Judgment 1228

  
  74th Session, 1993
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The complainant's case was the subject of disciplinary proceedings. The resulting report, which contained certain adverse comments on him along with a recommendation from the Disciplinary Committee, was referred to the Joint Appeals Committee but not shown to the complainant. "The report having been put to the Appeals Committee, it had the duty to communicate its contents to the complainant and so to afford him the opportunity of challenging it or commenting on it. The Appeals Committee's failure to observe that elementary rule of due process is an essential procedural flaw and constitutes a breach of the complainant's right of defence."

  Keywords:

  disciplinary procedure; due process; internal appeals body; procedural flaw; right to reply;
  

  
  
  

• Judgment 1223

  
  74th Session, 1993
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 30

  Extract:

  The complainant, a Eurocontrol official, challenges the rejection of his application to a post of head of division and the appointment of an external candidate to that post. He alleges that the recruitment procedure was unlawful. "The Tribunal will not interfere in drafting a notice of vacancy or comparing candidates who respond to the notice. But for Eurocontrol to open a competition for serving officials and then change the terms of recruitment sub rosa so as to deny them any real chance of success was in breach of the duty of trust and fairness the organisation owes its staff."

  Reference(s)

  ILOAT Judgment(s): 1016
  

  Keywords:

  appointment; candidate; competition; discretion; due process; equal treatment; good faith; judicial review; organisation's duties; vacancy notice;
  

  
  
  

• Judgment 1212

  
  74th Session, 1993
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 2-4

  Extract:

  The complainant disputes the lawfulness of a decision to dismiss her while she was on probation. She alleges breach of her right to a hearing before dismissal. She relies on a rule for which there was a long line of precedents, among them Judgments 987 [...] and 1082 [...]. The rule is that a contract of employment creates a relationship of trust and that lays on the organization a duty to inform the staff member of its intention of dismissing him and let him defend his interests. The organization moreover must disclose its intention before it gives notice; disclosing it just before the dismissal takes effect will not do. The Tribunal holds that CERN "utterly disregarded her right to be given a prior hearing so that she might comment in detail on the reasons why she was being dismissed."

  Reference(s)

  ILOAT Judgment(s): 987, 1082
  

  Keywords:

  date of notification; decision; due process; organisation's duties; right to reply; termination of employment;
  

  
  
  

• Judgment 1208

  
  74th Session, 1993
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The complainant objected to the content of her performance appraisal and requested so-called conciliation proceedings under Section 331 of Annex E to the FAO Manual. The Tribunal holds that "the process of conciliation was not properly followed: if it had been, allegations of unsatisfactory conduct would have been distinguished from allegations of unsatisfactory service. That is a distinction that the Tribunal drew in an earlier case against the FAO [...]: see Judgment 247, under 12 and 13."

  Reference(s)

  Organization rules reference: SECTION 331, ANNEX E, FAO MANUAL
  ILOAT Judgment(s): 247
  

  Keywords:

  conduct; due process; performance report; procedure before the tribunal; report; staff regulations and rules; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 1200

  
  73rd Session, 1992
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The complainants dispute the amendment of a provision concerning pensionable remuneration in the Staff Regulations of the International Training Centre of the ILO at Turin. They allege that the impugned decision is unlawful because it was in breach of the duty to consult the Staff Relations Committee under Articles 0.3 and 10.2(a) of the Staff Regulations. The Tribunal observes that the principle embodied in these provisions is plain: cooperation between staff and management. The sequence of events shows that the organisation did not follow the prescribed procedure. The Tribunal holds that when the Centre wishes to amend its Staff Regulations "it is making a decision of its own and must abide by the rules of its own making. [...] its failure [to do so] in this instance was unlawful and has the effect of avoiding the new text of [the provision]. [...] Since the individual decisions under challenge rest on an improperly made amendment to the Staff Regulations they are unlawful."

  Reference(s)

  Organization rules reference: ARTICLES 0.3 AND 10.2 (A) OF THE ITC STAFF REGULATIONS
  
  

  Keywords:

  advisory body; amendment to the rules; consultation; due process; flaw; general principle; judicial review; patere legem; procedural flaw; procedure before the tribunal; staff regulations and rules;
  

  
  
  

• Judgment 1193

  
  73rd Session, 1992
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 6 to 12

  Extract:

  Under PAHO Staff Rule 1040 a career appointment can only be terminated after completion of the reduction-in-force procedure. The complainant submits that the notice of termination he got was premature inasmuch as the PAHO had not properly applied the reduction-in-force procedure. The Tribunal observes that "the Organization made no genuine effort to carry out the procedure properly and thereby to give the complainant the protection of the Staff Rules he was entitled to under the provisions on abolition of post." The Tribunal holds that "where a post is abolished compliance with the reduction-in-force procedure is a condition precedent to termination of the holder's appointment. Not being the outcome of a valid procedure, the notice of termination given to the complainant [...] was also invalid."

  Reference(s)

  Organization rules reference: PAHO STAFF RULE 1040
  
  

  Keywords:

  abolition of post; due process; notice; post; procedure before the tribunal; staff reduction; staff regulations and rules; termination of employment;
  

  
  
  

• Judgment 1190

  
  73rd Session, 1992
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  Under WHO Staff Rule 1230.4 an official who has appealed to the Appeals Board is entitled to challenge two of its members. One of the complainants exercised that right but had his challenge rejected. There was therefore a serious flaw in the internal appeal procedure. The material issue is whether the Director-General was entitled to treat the Board's report as being in line with the material rules. The report itself discloses that the rights of one of the complainants had been ignored. The Tribunal holds that "the Director-General has a duty to enforce the rules. He knew of the breach and should have rejected the report insofar as it concerned [the complainant] who objected to it as not being in accordance with those rules: he was not entitled to proceed as if no breach had occurred."

  Reference(s)

  ILOAT reference: ARTICLE VIII OF THE STATUTE
  Organization rules reference: WHO STAFF RULE 1230.4
  
  

  Keywords:

  composition of the internal appeals body; due process; flaw; internal appeal; internal appeals body; procedure before the tribunal; recommendation; recusal; report; staff regulations and rules;
  

  
  
  

• Judgment 1158

  
  72nd Session, 1992
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 6, 8 and 9

  Extract:

  "The material issue is [...] whether the organization might, in mid-competition and while assessing the candidates, alter the requirements it had itself already declared for the post. [...] If it decides to hold a competition, "it must abide by the conditions it has itself set for the competition: patere legem quam ipse fecisti. [...] The application of that principle means that the conditions of entry for a competition may not properly be altered once the process of selection is under way. But "UNIDO failed to abide by its own requirements. [...] An essential condition for the competition was waived during [the] evaluation, and such waiver impaired the fairness and lawfulness of the process of selection. For that reason alone, the impugned decision must [...] be set aside".

  Keywords:

  competition; condition; criteria; due process; general principle; organisation's duties; patere legem; procedure before the tribunal;
  

  
  
  

• 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;
  

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 | next >