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New claim (19, 647,-666)

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Keywords: New claim
Total judgments found: 92

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  • Judgment 4489


    133rd Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of moral damages paid to her by the EPO for the decision not to finalise her two performance management reports for 2011 and part of 2012.

    Consideration 9

    Extract:

    In the internal appeal, the complainant sought moral damages but did not seek material damages. Accordingly, her claim for material damages in these proceedings in the Tribunal is not receivable (see, for example, Judgment 3967, consideration 5, and also Judgment 4304, consideration 8).

    Reference(s)

    ILOAT Judgment(s): 3967, 4304

    Keywords:

    internal remedies not exhausted; new claim;



  • Judgment 4487


    133rd Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the fact that the arrears owed to him in respect of his invalidity allowance, related benefits and unused leave following a retroactive modification of the monthly gross salary scales in December 2012 were not paid to him until January 2013.

    Consideration 15

    Extract:

    Two claims (punitive damages and remitting the case to the German criminal prosecution authorities) were raised in the rejoinder. This is impermissible (see Judgments 4092, consideration 10, 4221, consideration 7, and 4396, consideration 7).

    Reference(s)

    ILOAT Judgment(s): 4092, 4221, 4396

    Keywords:

    new claim; rejoinder;



  • Judgment 4483


    133rd Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the “social democracy” reform introduced by decision CA/D 2/14 insofar as it abolished the Local Advisory Committees.

    Consideration 3

    Extract:

    The EPO raises, as a threshold issue, whether the complaint is receivable. It can do so notwithstanding that receivability was not raised in the internal appeal, a point relied upon by the complainant in arguing that it cannot be raised now. That is because the issue raised by the EPO is whether the requirements of Article II of the Statute of the Tribunal are met. Necessarily that issue can only arise when a complainant seeks to engage the Tribunal’s jurisdiction. It cannot arise at an earlier time and could not, in any meaningful way, be raised and determined in the internal appeal. In any event, the Tribunal can address the question of its own motion (Judgment 4317, considerations 2 and 3).

    Reference(s)

    ILOAT Judgment(s): 4317

    Keywords:

    estoppel; exception; new claim; receivability of the complaint;



  • Judgment 4475


    133rd Session, 2022
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the handling of her grievance complaint.

    Consideration 5

    Extract:

    With regard to the other three heads, the issues raised by the ICC pertain either to the receivability of claims before the Tribunal or to the competence of the Tribunal, thus they could not have been raised by the ICC before the filing of the complaint.

    Keywords:

    new claim; receivability of the complaint;



  • Judgment 4396


    131st Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to reimburse him the notary fees which he incurred for the certification of his signature on the annual declaration required for recipients of an invalidity allowance.

    Consideration 7

    Extract:

    [A] complainant may not, in her or his rejoinder, enter new claims not contained in the original complaint (see, in particular, Judgment 3086, under 3(d), as well as Judgment 4092, under 10).

    Reference(s)

    ILOAT Judgment(s): 3086, 4092

    Keywords:

    new claim; rejoinder;



  • Judgment 4368


    131st Session, 2021
    International Olive Council
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the cancellation of a competition procedure in which she participated.

    Consideration 3

    Extract:

    [I]t should be borne in mind that, as the Tribunal has consistently held, a complainant may not, in her or his rejoinder, enter new claims not contained in her or his complaint (see, for example, Judgments 960, consideration 8, 1768, consideration 5, or 2996, consideration 6). In the present case, the complainant has, in her rejoinder, presented a claim for compensation for “financial loss”, which did not appear in the same form in her complaint. While the IOC misunderstands the implications of this rule, laid down in case law, when it argues in its surrejoinder that the irreceivability in question extends to any submission or allegation made for the first time in the rejoinder, this new claim will be dismissed at the outset for this reason.

    Reference(s)

    ILOAT Judgment(s): 960, 1768, 2996

    Keywords:

    new claim; rejoinder;



  • Judgment 4305


    130th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his appointment due to the abolition of his post and the failure to reassign him to another suitable vacant position.

    Consideration 13

    Extract:

    WHO challenges the receivability of the complainant’s allegations concerning some of his applications made both during and after the expiry of the reassignment period, on the ground that the selection processes for those positions are not relevant to the impugned decision. However, the complainant is able to challenge his non-appointment as part of a challenge to the termination of his employment arising from his non-redeployment (see Judgment 4036, consideration 10).

    Reference(s)

    ILOAT Judgment(s): 4036

    Keywords:

    new claim; reassignment; receivability of the complaint; selection procedure;



  • Judgment 4304


    130th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision of the Director-General to cancel the “Falls Below Expectations” overall rating in her 2014 performance appraisal report and to restore her entitlements as in the case of satisfactory performance, but not to award her damages or costs.

    Consideration 8

    Extract:

    In the internal appeal, the complainant did not seek material damages. However, in the present complaint, in addition to other redress, the complainant seeks material damages for the serious financial injury she sustained caused by the administration of her case which she alleges resulted in the termination of her contract for health reasons and the shortening of her career rather than obtaining a lateral transfer as recommended by the HBA. The complainant’s claims regarding the termination of her contract and consequences of the termination are beyond the scope of the present case. Additionally, the complainant has not established any loss due to the mismanagement of the 2014 performance evaluation for which she would be entitled to an award of material damages.

    Keywords:

    material damages; new claim;



  • Judgment 4293


    130th Session, 2020
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to select him for a post.

    Consideration 8

    Extract:

    UNIDO submits that the complainant’s challenge to the decision to advertise the P-2 post externally is irreceivable. It argues that that decision was a separate and distinct decision which the complainant should have appealed at the time that the vacancy was announced. This argument is unsustainable. The Tribunal stated, in consideration 17 of Judgment 4008, that, ordinarily, a vacancy announcement is neither a final administrative decision nor a decision which adversely affects an individual staff member. The complainant therefore properly contested the vacancy announcement at the time that he did.

    Reference(s)

    ILOAT Judgment(s): 4008

    Keywords:

    administrative decision; new claim; vacancy notice;

    Considerations 3-4

    Extract:

    UNIDO submits that the “claim” for the production of documents relating to the recruitment decision is irreceivable, pursuant to Article VII, paragraph 1, of the Tribunal’s Statute, for failure to exhaust the internal means of redress, because the complainant did not request the documents in the course of his internal appeal. UNIDO states that, moreover, he had not sought review of the administrative decision which rejected his request. UNIDO observes that under Staff Rule 112.02(a) a serving or former staff member who wishes to appeal an administrative decision shall request a review of the decision within 60 days from the date on which the staff member received notification of the decision in writing.
    However, a request for the production of documents is not a claim. It is concerned with access to evidence. Receivability is therefore not at issue. Moreover, the Tribunal has stated the basic applicable principles concerning access to documents in consideration 5 of Judgment 4023, as follows:
    “According to the case law, a staff member must, as a general rule, have access to all evidence on which the authority bases or intends to base its decision against him, and, under normal circumstances, such evidence cannot be withheld on grounds of confidentiality. It follows that a decision cannot be based on a material document that has been withheld from the concerned staff member. The Tribunal has consistently affirmed the confidentiality of the records of the discussions regarding the merits of the applicants for a post. However, this does not extend to the reports regarding the results of the selection process with appropriate redactions to ensure the confidentiality of third parties (see Judgment 3272, considerations 14 and 15, and the case law cited therein, as well as Judgment 3077, consideration 4).”

    Reference(s)

    ILOAT Judgment(s): 3077, 3272, 4023

    Keywords:

    disclosure of evidence; new claim;



  • Judgment 4286


    130th Session, 2020
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reject her claim of retaliation/harassment.

    Consideration 7

    Extract:

    That issue is not receivable as it was not raised in the internal appeal.

    Keywords:

    new claim; new plea;



  • Judgment 4280


    130th Session, 2020
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision not to grant him a retirement pension.

    Consideration 5

    Extract:

    Despite having impugned the [...] decision, which exclusively addressed the issue of his request for the payment of a monthly retirement pension, the complainant devoted the majority of his complaint ostensibly to challenging his non-reinstatement. The Tribunal finds that these additional claims are also irreceivable for failure to exhaust the internal means of redress, as he did not challenge, in accordance with the Staff Regulations, any of the decisions not to reinstate him.

    Keywords:

    new claim; new plea;



  • Judgment 4240


    129th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reassign her to the post of Senior Advisor on Innovative Strategic Information, Strategic Information and Evaluation Department.

    Consideration 6

    Extract:

    The complainant makes it clear that she is not relying upon statements concerning harassment to assert that the decision to reassign her “was driven by the claimed harassment of [the DXD/MER] but rather that it occurred as a result of [the DXD/MER’s] malice, ill-will and prejudice against [her]” and that any statements brought into the present proceedings touching allegations of harassment are merely to support her plea that her reassignment was occasioned by these alleged improper motives on the part of the DXD/MER. She is not precluded from relying on statements touching on the alleged harassment to support her plea in these proceedings that she was reassigned as a result of the alleged improper motives (see, for example, Judgment 4149, consideration 7).

    Reference(s)

    ILOAT Judgment(s): 4149

    Keywords:

    new claim; new plea;



  • Judgment 4231


    129th Session, 2020
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend his fixed-term appointment and to place him on special leave with pay until his contract expired.

    Consideration 2

    Extract:

    [T]he complainant’s claim for punitive damages is irreceivable in the Tribunal as it was not raised in the internal appeal.

    Keywords:

    new claim; punitive damages;



  • Judgment 4221


    129th Session, 2020
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of her request for reclassification of her post.

    Consideration 7

    Extract:

    According to the Tribunal’s case law, a complainant may not, in her or his rejoinder, enter new claims not contained in the original complaint (see, for example, Judgment 4092, consideration 10).

    Reference(s)

    ILOAT Judgment(s): 4092

    Keywords:

    new claim; rejoinder;



  • Judgment 4215


    129th Session, 2020
    Intergovernmental Organisation for International Carriage by Rail
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to confirm his appointment at the end of his probation period.

    Consideration 29

    Extract:

    The Tribunal will not [...] grant the complainant’s claims for compensation for new heads of injury which were submitted for the first time in his rejoinder, since such claims are, for that very reason, irreceivable (see, for example, Judgments 960, consideration 8, 1768, consideration 5, and 2965, consideration 11).

    Reference(s)

    ILOAT Judgment(s): 960, 1768, 2965

    Keywords:

    new claim; rejoinder;



  • Judgment 4185


    128th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who alleges that he was the victim of harassment, seeks redress for the injury he considers he has suffered.

    Consideration 3

    Extract:

    [A] new claim [...] is irreceivable as it extends the scope of the claims submitted during the internal appeal process (see, for example, Judgment 4066, consideration 4, and the case law cited therein).

    Reference(s)

    ILOAT Judgment(s): 4066

    Keywords:

    new claim;



  • Judgment 4095


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to abolish his post and to terminate his fixed-term contract.

    Consideration 3

    Extract:

    [...] In some cases the discrepancy between the amount claimed in an internal appeal and the amount claimed in the proceedings before the Tribunal sustains a conclusion that what is claimed in the latter proceedings is a new claim and irreceivable (see, for example, Judgment 3997, considerations 3 to 6). In other cases it might be difficult to characterise the claim for a larger amount in the Tribunal as a new claim. Nonetheless, in the absence of an explanation for the increased amount, the Tribunal has set its face against a complainant pursuing the larger amount (see, for example, Judgment 3419, consideration 7).

    Reference(s)

    ILOAT Judgment(s): 3419, 3997

    Keywords:

    material damages; moral injury; new claim;



  • Judgment 4092


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant asks the Tribunal to order WHO to comply with the obligations imposed on it by Judgment 3871 and, in particular, to reinstate him with all legal consequences.

    Consideration 10

    Extract:

    The complainant presents, for the first time in his rejoinder, various claims for compensation for injuries that he considers he has suffered as a result of WHO’s conduct. However, according to the Tribunal’s case law, a complainant may not, in her or his rejoinder, enter new claims not contained in the original complaint (see, for example, Judgments 960, consideration 8, 1768, consideration 5, and 2996, consideration 6). This case law also applies to applications for execution (see Judgment 3207, consideration 6). These new claims must therefore be dismissed.

    Reference(s)

    ILOAT Judgment(s): 960, 1768, 2996, 3207

    Keywords:

    application for execution; new claim; rejoinder;



  • Judgment 4074


    127th Session, 2019
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to review or amend the separation agreement offered to him and to terminate his appointment without the appropriate financial package.

    Consideration 17

    Extract:

    The complainant seeks moral damages for the delay in the internal consideration of his grievance. The Global Fund argues this claim is irreceivable. Routinely and necessarily such a claim can only first be made in the Tribunal. The claim is receivable. The Global Fund contends the internal appeal process took 11 months, which was reasonable. The complainant draws attention to the fact that there was a period of nearly 18 months between the public delivery of the Tribunal’s judgment and the final decision of the Executive Director. Even taking that longer period, significant periods of time can be attributed to the conduct of the complainant or his counsel, particularly the time taken to respond to a Global Fund proposal concerning informal discussions to resolve the matter in the first half of 2015. The internal appeal took approximately 11 months. This is a lengthy period but, in all the circumstances including the factual and legal complexity of the proceedings, it was not unreasonable. The claim for moral damages for excessive delay is rejected.

    Keywords:

    delay in internal procedure; internal procedure; new claim; receivability of the complaint;



  • Judgment 4066


    127th Session, 2019
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to promote her in the 2013 promotion exercise.

    Consideration 4

    Extract:

    The FAO raises receivability as a threshold issue submitting that the complainant did not raise in her internal appeal some of the issues which she raises in her complaint. However, the Tribunal finds that the FAO has not distinguished between new pleas, which the complainant may rely on to support her claims, and new claims, which would be irreceivable as they extend the scope of the claims submitted during the internal appeal process (see Judgment 4009, under 10, and the judgments cited therein).

    Reference(s)

    ILOAT Judgment(s): 4009

    Keywords:

    new claim; new plea;

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Last updated: 18.05.2022 ^ top