Confirmatory decision (27,-666)

You searched for:
Keywords: Confirmatory decision
Total judgments found: 45

< previous | 1, 2, 3

• Judgment 226

  
  32nd Session, 1974
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  By Judgment No. 194, the Administrative Tribunal quashed as being based on insufficient grounds the decision not to confirm the complainant's appointment. In execution of that judgment an ad hoc committee was set up to examine the case. In the light of the very full report of that committee, "the Director-General took a considered decision in full knowledge of the facts. The organization has thus corrected the procedural irregularity which led to the quashing of the decision".

  Reference(s)

  ILOAT Judgment(s): 194
  

  Keywords:

  case sent back to organisation; confirmatory decision; duty to substantiate decision; execution of judgment; flaw; formal flaw; judgment of the tribunal; probationary period; termination of employment;
  

  
  
  

• Judgment 135

  
  22nd Session, 1969
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The refusal to grant a permanent post to the complainant was quashed because of legal error. The organisation again rejected the complainant's application. The complainant's claim for damages "is well founded only insofar as it rests on the prejudice arising out of the illegal decision [...] which lapsed on [...] which date the decision legally rejecting his application for a permanent post was issued." The Tribunal awards the complainant a sum in compensation, in particular, for the "prejudice caused to complainant by the state of uncertainty in which he found himself as a result of the rescinded decision."

  Keywords:

  amount; confirmatory decision; decision; flaw; injury; mistake of law; moral injury; refusal; titularization;
  

  Considerations

  Extract:

  Following a decision tainted by a mistake of law, the Tribunal in Judgment 122 referred the case back to the organisation for a new decision on complainant's application for a permanent post "after considering, in the light of all the evidence in the dossier, whether complainant did in fact meet the requirements for appointment as an international official." After a further rejection, it was established that the organisation "did in fact consider the qualifications, morality and integrity of the applicant; so that it in no way infringed the Tribunal's judgment, but on the contrary conformed strictly to the considerations and decisions of the judgment [...]."

  Reference(s)

  ILOAT Judgment(s): 122
  

  Keywords:

  application for execution; confirmatory decision; execution of judgment; judgment of the tribunal; qualifications; res judicata;
  

  
  
  

• Judgment 131

  
  21st Session, 1969
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  On 21 August, the complainant was informed that his appointment would terminate at the end of his contract, on 31 August. This decision is the final step in the termination procedure. On 6 April, the complainant had been notified of the termination of his contract. An extension was granted for reasons of health. The "complainant had been aware for over three months that the organization had decided to terminate his contract." This decision merely confirmed those taken earlier while altering the conditions for their execution. It did not defeat the purpose of the applicable provision "which is to protect the staff member from the consequences of a sudden termination of his appointment."

  Keywords:

  confirmatory decision; contract; extension of contract; fixed-term; non-renewal of contract; notice; sick leave;
  

  
  
  

• Judgment 122

  
  20th Session, 1968
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The decision not to renew his contract was notified to the complainant on 6 March and again on 15 June following his request for a review. On 25 June the complainant addressed a request to the organisation based on new arguments and directed to securing reconsideration of his case. Following this request the Director-General communicated to the complainant on 14 August a decision definitely confirming the previous decision, but in part on new grounds. The time limit for the filing of the complaint began to run only from the date of the notification of the decision of 14 August.

  Keywords:

  amendment to the rules; complaint; confirmatory decision; contract; date; date of notification; decision; fixed-term; grounds; non-renewal of contract; receivability of the complaint; start of time limit; time limit;
  

  
  
  

• Judgment .04

  
  Sessions of the Administrative Tribunal of the League of Nations, 1946
  League of Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  confirmatory decision; final decision;
  

< previous | 1, 2, 3