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New claim (19, 647,-666)

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Keywords: New claim
Total judgments found: 88

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  • Judgment 3945


    125th Session, 2018
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her 2013 performance evaluation.

    Consideration 4

    Extract:

    Precedent has it that a complainant may enlarge on the arguments presented before internal appeal bodies, but may not submit new claims to the Tribunal (see, in particular, Judgments 2837, under 3, and 3420, under 10, and the case law cited therein). The Tribunal will consider any additional plea the complainant has made that may be relevant only to support her claims concerning her 2013 performance evaluation, which is the only receivable aspect of the present complaint.

    Reference(s)

    ILOAT Judgment(s): 2837, 3420

    Keywords:

    internal appeal; new claim; new plea; receivability of the complaint;



  • Judgment 3725


    123rd Session, 2017
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the disciplinary measures imposed on him following an investigation into alleged misconduct.

    Consideration 7

    Extract:

    UNIDO raises receivability as a threshold issue contending that since the complainant sought the removal of adverse material from his personnel file for the first time in the present complaint, this request is irreceivable because he did not exhaust the internal means of redress in relation to it as required by Article VII, paragraph 1, of the Tribunal’s Statute.
    The Tribunal rejects this contention as this is an additional request for a remedy arising from existing claims and not a new claim.

    Reference(s)

    ILOAT reference: Article VII, paragraph 1, of the Statute

    Keywords:

    new claim; personal file;

    Consideration 7

    Extract:

    UNIDO also notes that the complainant expanded the quantum of his claim for damages on his earlier claims and goes further in the rejoinder to introduce new claims of constructive dismissal. UNIDO submits that these are irreceivable and that the claims for damages should only be admitted to the extent of the earlier amounts which the complainant had sought.
    The Tribunal has consistently stated that a new claim which is raised in a rejoinder is irreceivable.

    Keywords:

    damages; new claim; rejoinder;



  • Judgment 3688


    122nd Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to abolish her post and to separate her from service.

    Consideration 1

    Extract:

    WHO contends that [the complainant's] allegations of prejudice and bias, retaliation and malice in the present complaint are irreceivable. However, the Tribunal holds that those allegations are not claims, but pleas to support her argument that these were some of the factors which influenced the abolition of her post and separation (see, for example, Judgments 2837, consideration 3, and 3617, consideration 2).

    Reference(s)

    ILOAT Judgment(s): 2837, 3617

    Keywords:

    new claim; new plea;



  • Judgment 3655


    122nd Session, 2016
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the fact that she was not promoted in the 2013 promotion exercise.

    Consideration 9

    Extract:

    The complainant submitted a new claim in her rejoinder. However, as the Tribunal has consistently held, a complainant may not, in her or his rejoinder, enter new claims not contained in her or his original complaint (see, for example, Judgment 1768, under 5, or Judgment 2996, under 6). This new claim must therefore be dismissed.

    Reference(s)

    ILOAT Judgment(s): 1768, 2996

    Keywords:

    new claim; rejoinder;



  • Judgment 3654


    122nd Session, 2016
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to maintain on his personal file a disputed performance appraisal report issued after the expiry of his temporary appointment, and the decision to reject his application for inclusion on a roster of candidates eligible for temporary contracts.

    Consideration 4

    Extract:

    The FAO submits that [the complainant's claim] is irreceivable as it was raised for the first time in the present complaint. The Tribunal observes that this was not raised as an independent claim in the internal appeal, but that the complainant mentioned the fact that he received the PAR appraisal two months after the end of his appointment and referred to the applicable case law. To this extent it amounts to a plea to support his case, rather than a claim, and is accordingly receivable.

    Keywords:

    new claim; new plea;



  • Judgment 3653


    122nd Session, 2016
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions not to appoint him to a post, not to renew his contract, not to compensate him for “extra-contractual” work and not to compensate him on account of defamation by his former supervisor and for exposure to asbestos.

    Consideration 9

    Extract:

    The complainant presented a new claim in his rejoinder [...]. However, as the Tribunal has consistently held, a complainant may not in his or her rejoinder enter new claims not contained in his or her original submissions. Consequently, this new claim must in any case be dismissed (see Judgment 3207, consideration 6, and the case law cited therein).

    Reference(s)

    ILOAT Judgment(s): 3207

    Keywords:

    new claim; rejoinder;



  • Judgment 3561


    121st Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks a review of Judgment 3141 on the basis that a new fact has allegedly come to light.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 3141

    Keywords:

    application for review; complaint dismissed; new claim; new fact on which the party was unable to rely in the original proceedings;



  • Judgment 3442


    119th Session, 2015
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the decision to dismiss internal appeals concerning a claim for compensation for service-incurred disability was flawed.

    Consideration 20

    Extract:

    "The foregoing events reflect a fundamental flaw in that aspect of the impugned decision. The chain of relevant decisions that were maintained or reconfirmed goes back to the initial decision of 3 August 2010 that the requests contained in the letter of 12 May 2010 were not receivable. With respect, that could not properly have been the decision on the referral of the “new claim” that was specifically circumscribed by the Director-General in order that the ABCC consider a discreet issue which had not been considered or determined before. It was therefore necessary for the Director-General to motivate the decision specifically as it related to the “new claim”, which had not previously been dismissed as irreceivable. His failure to do so is sufficient ground for setting aside the impugned decision insofar as it was concerned with the complainant’s third internal appeal."

    Keywords:

    duty to substantiate decision; new claim;



  • Judgment 3441


    119th Session, 2015
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that UNIDO breached its duty of care, good faith and mutual trust to the complainant.

    Consideration 5

    Extract:

    The Tribunal’s case law provides, in effect, that a complainant cannot ask the Tribunal to consider issues which were not a part of the case in the internal appeal proceedings. This is because if those issues were not before the internal appellate body for consideration they would be irreceivable for failure to exhaust internal remedies as Article VII, paragraph 1, of the Tribunal’s Statute requires. (See, for example, Judgment 2808, under 9.)

    Reference(s)

    ILOAT reference: Article VII, paragraph 1, of the Statute
    ILOAT Judgment(s): 2808

    Keywords:

    failure to exhaust internal remedies; internal appeal; new claim;



  • Judgment 3421


    119th Session, 2015
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges the rejection of his application in a selection process.

    Consideration 2(a) and (b)

    Extract:

    [A]s the claim to an award of costs relates only to the complainant’s representation in the proceedings before the Tribunal, it could not be entered during the internal appeal procedure (see Judgment 2457, under 4 in fine). It is therefore receivable, as is the request for disclosure of the competition file, which is not in the nature of a claim, but concerns discovery of evidence.
    Some of the complainant’s submissions, which WIPO invites the Tribunal to disregard on the grounds that they were not put forward during the internal appeal procedure, are receivable, since they are merely new pleas which the complainant is perfectly entitled to enter in the proceedings before the Tribunal in support of his claims, provided that these claims fall within the scope of those which were made during the internal appeal procedure (see, in particular, Judgment 1519, under 14).

    Reference(s)

    ILOAT Judgment(s): 1519, 2457

    Keywords:

    new claim;



  • Judgment 3420


    119th Session, 2015
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant unsuccessfully challenges the decision not to convert his consultant's contract into a fixed-term appointment.

    Consideration 10

    Extract:

    "Precedent has it that a complainant may enlarge on the arguments presented before internal appeal bodies, but may not submit new claims to the Tribunal (see, in particular, Judgment 2837, under 3, and the case law cited therein)."

    Reference(s)

    ILOAT Judgment(s): 2837

    Keywords:

    new claim; new plea;



  • Judgment 3222


    115th Session, 2013
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision not to disclose some documents related to the procedure concerning his claim for compensation for a service-incurred illness.

    Consideration 11

    Extract:

    "While the Tribunal’s case law recognises a need to apply Article VII(1) of its Statute with some flexibility (see, for example, Judgments 2360 and 2457), there are no decisions which support the view that a claim about a discrete subject can be introduced at a late stage in an internal appeal about an entirely different subject and the fact that it has been satisfies the requirement that internal appeals have been exhausted before a complaint about the different subject matter can be litigated in the Tribunal."

    Reference(s)

    ILOAT reference: Article VII of the Statute
    ILOAT Judgment(s): 2360, 2457

    Keywords:

    internal remedies exhausted; new claim; receivability of the complaint;



  • Judgment 3209


    115th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant accuses the ITU of having failed in its duty to ensure transparency in a selection process.

    Considerations 13 and 14

    Extract:

    The complainant applied for a post but was not selected. She asks the Tribunal to require disclosure of the file of the selection process.
    "[The Organisation] argues that the complainant’s request for the communication of the file is a claim made for the first time in her complaint and must therefore be dismissed as irreceivable. However, as the complainant rightly observes, this is not a new claim which would be subject to the rule on the exhaustion of internal remedies. In this instance, it is merely a request made on the basis of Article 11 of the Rules of the Tribunal, for the Tribunal to use its powers of investigation, which it can in fact do on its own motion.
    The defendant also stated that if the Tribunal considered that the information supplied in support of its arguments was insufficient, it would transmit the file of the selection process for the exclusive attention of the Tribunal. [...] The Tribunal recalls that, according to the adversarial principle, all documents submitted to it by a party to the proceedings must be communicated to the other party. It will be for the organisation itself, if it considers this necessary in order to protect the interests of third parties, to conceal identities to the required extent in the documents produced."

    Reference(s)

    ILOAT reference: Article 11 of the Rules

    Keywords:

    adversarial proceedings; application of law ex officio; competition; disclosure of evidence; interlocutory order; internal remedies exhausted; new claim; receivability of the complaint;



  • Judgment 3151


    113th Session, 2012
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    Regarding the complainant’s request for disclosure of the minutes of the hearing held concerning his three internal appeals, the Tribunal notes that it was raised for the first time in the rejoinder of the present proceedings. It is therefore irreceivable owing to a failure to exhaust internal means of redress.

    Keywords:

    disclosure of evidence; new claim; rejoinder;



  • Judgment 3069


    112th Session, 2012
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    Although the complainant’s claim before the Joint Grievance Panel included a claim for “[s]uch other relief that [it] deem[ed] necessary, equitable and just”, that formula could not convert his claim for compensation in the amount of one Swiss franc – a claim for symbolic damages – into a claim for actual and moral damages as now sought. Accordingly, that claim is irreceivable and must be dismissed (see Judgment 2837, under 3, and the cases there cited). [I]t is to be remembered that, by Article VIII of its Statute, the Tribunal's powers are to rescind impugned decisions, to order the performance of obligations and to award compensation. As pointed out in Judgment 2636, under 16, the Tribunal is not empowered to order apologies. Nor is it empowered to order a staff member, who is not even a party to the proceedings before it, to withdraw his or her previous statements.

    Reference(s)

    ILOAT Judgment(s): 2636, 2837

    Keywords:

    compensation; competence of tribunal; new claim;



  • Judgment 3034


    111th Session, 2011
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    As the Tribunal has consistently held, a complainant may not, in his or her rejoinder, enter new claims not contained in his or her original complaint (see Judgments 960, under 8, 1768, under 5, or 2996, under 6).

    Reference(s)

    ILOAT Judgment(s): 960, 1768, 2996

    Keywords:

    new claim; rejoinder;



  • Judgment 2965


    110th Session, 2011
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "[I]t is well established by the Tribunal's case law that a complainant may not, in his or her rejoinder, enter new claims not contained in his or her initial complaint (see, for example, Judgments 960, under 8, or 1768, under 5)."

    Reference(s)

    ILOAT Judgment(s): 960, 1768

    Keywords:

    new claim; receivability of the complaint; rejoinder;



  • Judgment 2891


    108th Session, 2010
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    Following her reassignment, which in Judgment 2659 the Tribunal considered as a hidden disciplinary sanction, the complainant applied for her previous post. Her application was however not considered on the grounds that under Administrative Instruction No. 16 only applications from staff members who had serve in one position for a minimum of one year would be receivable. The complainant challenged the decision not to consider her application, arguing that it constituted discriminatory treatment. The Tribunal found in her favour and awarded her the compensation she had claimed.
    "While this case stems from the previous complaint, the two cases are separate and distinct, being based on different facts and different administrative decisions. Each unlawful decision must have its own remedy. Therefore, the Organization's assertion that the damages already paid to the complainant must be taken into account in the calculation of damages in the present case is incorrect."

    Reference(s)

    ILOAT Judgment(s): 2659

    Keywords:

    complaint; damages; difference; new claim; new plea;



  • Judgment 2837


    107th Session, 2009
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "[A]rguments raised before internal appeals bodies can be developed in a complaint before the Tribunal, but the complaint cannot include new claims (see, in particular, Judgments 429, under 1, 452, under 1, and 1380, under 12)."

    Reference(s)

    ILOAT Judgment(s): 429, 452, 1380

    Keywords:

    new claim; new plea; receivability of the complaint;



  • Judgment 2796


    106th Session, 2009
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant asks that the defendant provide him with a positive work reference and that information concerning the issues raised in his complaint be given to some delegates.
    "None of these matters was the subject of his internal appeals. Accordingly, those claims are irreceivable (see Judgments 899, 1263, 1443 and 2213). Further and save in exceptional cases where an international organisation has a continuing duty to undo damage caused by its own communications to a third party, as in Judgment 2720, the Tribunal is not competent to issue orders of the kind sought (see Judgments 126, 1591 and 2058)."

    Reference(s)

    ILOAT Judgment(s): 126, 899, 1263, 1443, 1591, 2058, 2213, 2720

    Keywords:

    claim; communication to third party; compensation; competence of tribunal; exception; injury; internal appeal; internal remedies exhausted; new claim; organisation's duties; receivability of the complaint;

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Last updated: 08.12.2021 ^ top