Decision (24, 26, 29, 31, 32, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 669, 680,-666)
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Keywords: Decision
Total judgments found: 424
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Judgment 3273
116th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to place his post in a certain grade group following an allegedly flawed assessment process.
Consideration 6
Extract:
"The Tribunal has consistently confirmed that an evaluation or classification exercise is based on the technical judgement to be made by those whose training and experience equip them for that task. It is subject to only limited review. The Tribunal cannot, in particular, substitute its own assessment for that of the organisation."
Keywords:
decision; discretion; judicial review; limits; post classification;
Judgment 3258
116th Session, 2014
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants argued that their rights of staff representatives had been violated, but their claim for pecuniary compensation was dismissed by the Tribunal.
Considerations 4-5
Extract:
The complainants challenge final decisions maintaining earlier decisions not to grant the compensation claims submitted by the complainants, who considered that they had suffered injury on account of violations of the rights of staff representatives.
"By their very nature, such violations of the rights of staff representatives cannot, under any circumstances, give rise to any right to financial compensation in favour of an individual staff member or his or her successors in title."
Keywords:
compensation; decision; injury; right; staff representative;
Judgment 3257
116th Session, 2014
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenged the decision to offer him a one-year extension of his fixed-term contract rather than the two-year extensions he had previously received.
Considerations 11 and 12
Extract:
"These facts were significant as they highlight the need for reasons in this case because these circumstances impacted the complainant’s ability to assess whether he should have accepted the offer of the one-year extension of his contract and whether he should challenge the decision.
It is also significant that the complainant was reminded of the deadline [...], when he had not yet received the explanation. Additionally, it was in the letter [...], which included the explanation, that the Executive Secretary informed the complainant that his contract would expire [...] because he had failed to accept the offer of extension. The Tribunal therefore finds that the decision to offer the one-year extension to the complainant was flawed by the failure of the Administration to provide a timely explanation for that decision."
Keywords:
case law; contract; decision; duration of appointment; extension of contract; flaw; notice; offer; termination of employment;
Judgment 3252
116th Session, 2014
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to extend her fixed-term contract for a period of one year instead of three years on the basis of an adverse evaluation report.
Consideration 8
Extract:
"There is a general principle applied by this Tribunal that an organisation cannot base an adverse decision on a staff member’s unsatisfactory performance if it has not complied with the rules established to evaluate that performance (see Judgment 2414, consideration 24)."
Reference(s)
ILOAT Judgment(s): 2414
Keywords:
contract; decision; fixed-term; grounds; patere legem; unsatisfactory service; work appraisal;
Judgment 3236
115th Session, 2013
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contends that the decision to subject him to an investigation was tainted with misuse of power.
Consideration 12
Extract:
Concerning the initiation of the investigation itself, the Tribunal’s case law is clear that a decision to begin an investigation into misconduct at that stage is not a decision that affects the staff member’s status (see Judgment 2364, under 3 and 4).
Reference(s)
ILOAT Judgment(s): 2364
Keywords:
decision; inquiry; investigation; misconduct; staff member's interest;
Judgment 3224
115th Session, 2013
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully contests the termination of her appointment for unsatisfactory service, alleging the absence of a genuine assessment procedure.
Consideration 7
Extract:
"The Tribunal recalls that a staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service, so as to be in a position to remedy the situation, and to have objectives set in advance. It also recalls that an organisation cannot base an adverse decision on a staff member’s unsatisfactory performance if it has not complied with the rules governing the evaluation of that performance. Except in a case of manifest error, the Tribunal will not substitute its own assessment of a staff member’s services for that of the competent bodies of an international organisation. Nevertheless, such an assessment must be made in full knowledge of the facts, and the considerations on which it is based must be accurate and properly established (see Judgments 3070, under 9, 2468, under 16, and 2414, under 23 and 24)."
Reference(s)
ILOAT Judgment(s): 2414, 2468, 3070
Keywords:
condition; criteria; decision; due process; duty to inform; elements; exception; grounds; judicial review; limits; organisation's duties; patere legem; performance report; right; unsatisfactory service; work appraisal; written rule;
Judgment 3214
115th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully impugns the decision not to extend his appointment beyond retirement age.
Consideration 16
Extract:
The complainant complains about the length of time which elapsed between the filing of his request for the extension of his appointment beyond normal retirement age and the decision taken on it.
"Since under Article 54 of the Service Regulations the granting of an extension of an appointment is subject to the condition that it is justified in the interest of the service, the Organisation is right in saying that any decision on the subject can logically be taken only at a date relatively close to that on which the permanent employee concerned will reach normal retirement age. Indeed, if the Organisation were to proceed otherwise, the competent authority would not be in a position to make an informed assessment of the advisability of such an extension in light of that criterion."
Reference(s)
Organization rules reference: Article 54 of the Service Regulations for Permanent Employees of the EPO
Keywords:
acceptance; age limit; condition; criteria; date; decision; delay; extension beyond retirement age; organisation's interest; request by a party; retirement; staff regulations and rules;
Consideration 14
Extract:
"According to the Tribunal’s case law, an administrative authority, when dealing with a claim, must generally base itself on the provisions in force at the time it takes its decision, and not on those in force at the time the claim was submitted. Only where this approach is clearly excluded by the new provisions, or where it would result in a breach of the requirements of good faith, the non-retroactivity of administrative decisions and the protection of acquired rights, will the above rule not apply (see Judgments 2459, under 9, 2986, under 32, or 3034, under 33)."
Reference(s)
ILOAT Judgment(s): 2459, 2986, 3034
Keywords:
acquired right; applicable law; breach; date; decision; exception; general principle; good faith; non-retroactivity; patere legem; request by a party;
Consideration 13
Extract:
"[A] provision [...], which grants the executive head of an organisation the power to propose that another organ adopt a decision, authorises that person to refrain from making such a proposal if he or she sees no reason for it (see Judgment 585, under 5)."
Reference(s)
ILOAT Judgment(s): 585
Keywords:
decision; discretion; executive head; proposal; staff regulations and rules;
Consideration 24
Extract:
The complainant, who requested the extension of his appointment beyond normal retirement age, takes the Organisation to task for not sending him the Selection Committee’s opinion or the minutes of its deliberations showing its proposal.
"The Tribunal’s case law has it that, as a general rule, a staff member must have access to all evidence on which the competent authority bases its decisions concerning him or her, especially the opinion issued by such an advisory organ. A document of that nature may be withheld on grounds of confidentiality from a third person but not from the person concerned (see, for example, Judgments 2229, under 3(b), or 2700, under 6).
[T]he Tribunal observes that the complainant does not say that he asked for the document in question. While the Organisation could not lawfully have refused to grant such a request, it was under no obligation to forward the document of its own accord (see Judgment 2944, under 42). The position would have been different only if – as is not the case here – the reasons given by the competent authority for its decision had been confined to a mere reference to the advisory body’s opinion."
Reference(s)
ILOAT Judgment(s): 2229, 2700, 2944
Keywords:
advisory body; advisory opinion; age limit; communication to third party; confidential evidence; decision; disclosure of evidence; discretion; duty to inform; exception; extension beyond retirement age; general principle; grounds; official; organisation's duties; proposal; refusal; request by a party; retirement; right; selection board;
Judgment 3208
115th Session, 2013
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the termination of his contract following the abolition of his post.
Consideration 11
Extract:
"As the Tribunal has noted, the right to an internal appeal is a safeguard enjoyed by international civil servants (see Judgment 2781). If the ultimate decision-maker rejects the conclusions and recommendations of the internal appeal body, the decision-maker is obliged to provide adequate reasons (see Judgments 2278, 2355, 2699, 2807 and 3042). The value of the safeguard is significantly eroded if the ultimate decision-making authority can reject conclusions and recommendations of the internal appeal body without explaining why. If adequate reasons are not required, then room emerges for arbitrary, unprincipled or even irrational decision-making."
Reference(s)
ILOAT Judgment(s): 2278, 2355, 2699, 2781, 2807, 3042
Keywords:
bias; case law; decision; duty to substantiate decision; executive head; grounds; impugned decision; internal appeals body; motivation of final decision; organisation's duties; purpose; recommendation; refusal; safeguard;
Judgment 3198
115th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the withdrawal from his personal file of the warnings concerning his productivity.
Consideration 25
Extract:
"According to the case law of the Tribunal, no damages will be ordered where a decision does not hamper a career and the matter which was complained of has been withdrawn (see Judgment 1380, under 11)."
Reference(s)
ILOAT Judgment(s): 1380
Keywords:
decision; evidence; lack of evidence; lack of injury; material damages; moral injury; no cause of action; professional injury; withdrawal of decision;
Consideration 13
Extract:
"[A] complaint will be irreceivable if a complainant is not adversely affected by the impugned decision. Accordingly, in the context of staff assessment reports, the Tribunal stated as follows in Judgment 1674, under consideration 6(a): “a complaint is irreceivable when the decision at issue is not one that adversely affects the complainant. A decision is an act by an officer of an organisation which has a legal effect on the staff member’s status: see Judgment 532 […]. The complainant suffers no injury from having to wait for a later decision which he may impugn, [...]. Similarly, an internal appeal, followed by a complaint, is not receivable when the organisation’s rules prescribe some formality to be completed first (see Judgment 468 […] concerning ‘something which is only one step in a complex procedure and of which only the final outcome is subject to appeal’).”"
Reference(s)
ILOAT Judgment(s): 1674
Keywords:
cause of action; decision; no cause of action; receivability of the complaint;
Judgment 3172
114th Session, 2013
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the abolition of her post and the decision not to extend her appointment as procedurally flawed.
Consideration 16
Extract:
"A decision taken for an improper purpose is an abuse of authority. It follows that when a complainant challenges a discretionary decision, he or she by necessary implication also challenges the validity of the reasons underpinning that decision. In this respect, the Tribunal may examine the circumstances surrounding the abolition of the post to determine whether the impugned decision was tainted by abuse of authority."
Keywords:
abolition of post; abuse of power; breach; competence of tribunal; decision; discretion; evidence; misuse of authority;
Judgment 3168
114th Session, 2013
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant disputes the characterization of his service during a certain period and the date taken into account by WHO to determine his entry on duty within the United Nations system.
Consideration 13
Extract:
"It is firm Tribunal case law that a staff member is entitled to an efficient internal means of redress and to expect a decision on an internal appeal to be taken within a reasonable time (see Judgments 2904, under 14 and 15, 2851, under 10, and 2116, under 11). It can be seen from the above summary of the internal appeal process that there were a number of requests for extensions of time by both parties and in some instances consented to by the opposing party. While the departure of a staff member responsible for an appeal is beyond the control of the Administration, the latter does bear the responsibility of providing adequate staffing in keeping with its obligation to provide an efficient means of internal redress."
Reference(s)
ILOAT Judgment(s): 2116, 2851, 2904
Keywords:
administrative delay; decision; delay; internal appeal; internal appeals body; moral injury; organisation's duties; reasonable time; time limit;
Judgment 3166
114th Session, 2013
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that he suffered harassment, mobbing and defamation on the part of his supervisors.
Consideration 17
Extract:
"[T]he JAC appears to have retreated from making the ultimate finding of harassment because the complainant’s own attitude “can be construed as ‘a reasonable explanation for the conduct in question’”. The unexpressed assumption in this conclusion is that it is a legitimate response from a senior manager for the latter to intimidate a staff member who challenges, perhaps even inappropriately, his decisions. [...] It cannot be that intimidation by a senior manager is a reasonable response to a subordinate (including a senior subordinate), even if the latter exceeds his or her role by challenging decisions of the manager. In this respect, the JAC erred in its consideration of the complainant’s grievances. There can, of course, be situations where a subordinate’s refusal to accept the authority of his supervisor provides a complete explanation for the conduct of the supervisor. An example is found in the Tribunal’s Judgment 2468. However, in this case the JAC’s findings [relate to] conduct that cannot be explained away on this basis."
Reference(s)
ILOAT Judgment(s): 2468
Keywords:
advisory body; advisory opinion; conduct; decision; definition; flaw; harassment; insubordination; supervisor; working relations;
Considerations 18 and 19
Extract:
"[T]he JAC made a finding of procedural irregularities in relation to the consideration of the complainant’s grievances. It recognised, as this Tribunal has stated, that an organisation has a duty to its staff members to investigate claims of harassment (see Judgment 3071). This conclusion would have warranted consideration of a remedy. However, the JAC adopted the approach, accepted by the Secretary General, that the Federation had “acted in the [complainant’s] favour” because the contract of [the alleged harasser], amongst others, had not been renewed.
The non-renewal of [that person]’s contract did not involve a vindication of the complainant’s rights. Ordinarily, the mechanism for addressing the violation of a person’s rights is to award compensation to the aggrieved person or to make an order restoring the person to the position he or she would have been in but for the violation. The nonrenewal of the contract of a person who had violated a complainant’s rights may, of course, provide moral comfort to the complainant. However, the task of the Secretary General is to determine a response in relation to a grievance formally raised and established which remedies the effect of the proven violation of rights. The non-renewal of a contract, such as occurred in the present case, does not serve this purpose."
Reference(s)
ILOAT Judgment(s): 3071
Keywords:
advisory body; claim; compensation; contract; decision; executive head; harassment; injury; material injury; moral injury; non-renewal of contract; organisation's duties; procedural flaw;
Judgment 3164
114th Session, 2013
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the rejection of her request for a transfer, alleging harassment.
Consideration 7(b)
Extract:
"[T]he complainant is justified in requesting the setting aside of a decision accepting the Board’s recommendations which has not been implemented."
Keywords:
decision; final decision; impugned decision; internal appeals body;
Consideration 9
Extract:
"[B]y merely stating that he accepted the [Joint Advisory Appeals] Board’s recommendations without specifying the practical steps to be taken in order to implement them, the Director-General issued a fundamentally flawed decision the execution of which was bound to be problematic."
Keywords:
acceptance; decision; executive head; flaw; internal appeals body; recommendation;
Judgment 3161
114th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to transfer him which, in his view, violates his status as an employee.
Considerations 6-7
Extract:
"[T]he task of the Internal Appeals Committee is to determine whether the decision under appeal is the correct decision or whether, on the facts, some other decision should be made. While provisions establishing an internal appeal committee or board may limit its functions, this is not the case in relation to this Internal Appeals Committee established under the Service Regulations applying to the permanent employees of the EPO.
Of course the authority of the Internal Appeals Committee is limited to making recommendations and, to that extent, the ultimate decision-making power remains, in a case such as the present, with the President of the Office. However, the President is obliged to give proper consideration to the recommendations of the Committee and not avoid addressing the reasoning of its members by wrongly indicating, as in this case, that the majority of the Committee’s members had exceeded the limits of their role in determining the appeal."
Reference(s)
ILOAT Judgment(s): 2781
Keywords:
advisory body; advisory opinion; case law; decision; decision-maker; due process; duty to substantiate decision; general principle; internal appeals body; recommendation;
Judgment 3152
114th Session, 2013
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant applies for execution of Judgments 2867 and 3003.
Consideration 11
Extract:
The Tribunal recalls that, "according to the provisions of Article VI of its Statute, its judgments are “final and without appeal”, and they are therefore “immediately operative”, as its earliest case law established (see, in particular, Judgment 82, under 6). The Tribunal subsequently noted that the principle that its judgments are immediately operative is also a corollary of their res judicata authority [...]. For this reason, international organisations which have recognised the Tribunal’s jurisdiction are bound to take whatever action a judgment may require (see [...] Judgments 553 and 1328, or Judgment 1338, under 11). Lastly, there is no provision in the Statute or the Rules of the Tribunal stipulating that, notwithstanding these principles, the submission of an application for an advisory opinion to the International Court of Justice under [...] Article XII has the effect of staying the execution of the impugned judgment pending the rendering of that opinion."
Reference(s)
ILOAT reference: Articles VI and XII of the Statute
ILOAT Judgment(s): 82, 553, 1328, 1338
Keywords:
advisory opinion of icj; application for execution; competence of tribunal; consequence; decision; declaration of recognition; exception; execution of judgment; finality of judgment; icj; iloat statute; judgment of the tribunal; no provision; organisation's duties; request by a party; res judicata; suspensory effects;
Judgment 3130
113th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The complainant requests an award of 10,000 United States dollars for unreasonable delays in the internal appeal proceedings. The appeal before the Regional Board of Appeal lasted only nine months from the date of appeal [...] to the date of the decision by the Regional Director [...] to endorse the Board’s recommendation [...]. The complainant’s appeal before the [Headquarters Board of Appeal] lasted just over 13 months from the date of appeal [...] to the decision by the Director-General [...]. Considering that the two appeals took less than two years to complete, the complainant cannot be considered to have suffered from inordinate delays meriting an award of damages. This is especially true considering that the two tiered appeal process has provided him with greater protection of his rights as a staff member."
Keywords:
administrative delay; claim; compensation; date; decision; executive head; internal appeal; material damages; official; reasonable time; recommendation; refusal; right;
Judgment 3114
113th Session, 2012
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
A year and a half passed following the recommendations before a final decision was reached, and that decision was obtained only after the complainant had lodged an application for execution with the Tribunal. "This delay is manifestly unreasonable. The complainant will be awarded an indemnity, which it is fair to set at 2,000 euros, for the moral injury she has thus been caused."
Keywords:
administrative delay; allowance; application for execution; compensation; decision; internal appeals body; moral injury; reasonable time; recommendation;
Judgment 3060
112th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"[T]he Tribunal has consistently held that the forwarding of the claim to the advisory appeal body constitutes a "decision upon [the] claim" within the meaning of [Article VII, paragraph 3, of the Statute of the Tribunal], which is sufficient to forestall an implied rejection (see, for example, Judgment 2948, under 7, and the case law cited therein)."
Reference(s)
ILOAT Judgment(s): 2948
Keywords:
claim; decision; iloat statute; implied decision; internal appeals body;
Judgment 3059
112th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"It is fundamental to the law governing the relations between a staff member and an international organisation that adverse decisions, including adverse performance reports, must be challenged in a timely manner and in accordance with the relevant staff rules and regulations. If not, those decisions become final and cannot be reopened."
Keywords:
decision; internal appeal; mandatory time limit; performance report; staff regulations and rules; time limit;
Judgment 3041
111th Session, 2011
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Abolition of post and termination of appointment following reorganisation / Failure on the part of the Organization to take a final decision on the complainant's appeal / Excessive delay in communicating to the complainant the outcome of the internal appeal procedure.
"The decision to abolish a post must be communicated to the staff person occupying the post in a manner that safeguards that individual's rights. These rights are safeguarded by giving proper notice of the decision, reasons for the decision and an opportunity to contest the decision. As well, subsequent to the decision there must be proper institutional support mechanisms in place to assist the staff member concerned in finding a new assignment."
Keywords:
abolition of post; complainant; decision; duty of care; duty to inform; duty to substantiate decision; organisation's duties; reassignment; right; right of appeal; safeguard; staff member's interest;
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