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Duty to substantiate decision (30,-666)

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Keywords: Duty to substantiate decision
Total judgments found: 133

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  • Judgment 4437


    132nd Session, 2021
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the classification of her post following her transfer.

    Consideration 19

    Extract:

    Il est de principe que toute décision administrative, même lorsque l’autorité agit dans le cadre d’un pouvoir discrétionnaire, doit reposer sur des motifs valables (voir, par exemple, le jugement 4108, au considérant 3). Par ailleurs, il résulte d’une jurisprudence constante que, lorsque le chef exécutif d’une organisation internationale s’écarte, au détriment du fonctionnaire concerné, des recommandations formulées par l’organe de recours, il est tenu d’exposer de manière adéquate les motifs pour lesquels il a estimé ne pas devoir suivre ces recommandations (voir, par exemple, les jugements 2339, au considérant 5, 2699, au considérant 24, 3208, au considérant 11, 3695, au considérant 9, 3830, aux considérants 6 et 8, ou 4062, au considérant 3).

    Reference(s)

    ILOAT Judgment(s): 2339, 2699, 3208, 3695, 3830, 4062, 4108

    Keywords:

    duty to substantiate decision; motivation;



  • Judgment 4427


    132nd Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to maintain his transfer to a patent examiner post.

    Consideration 4

    Extract:

    The rationale for fully and adequately motivating the final decision on an internal appeal was relevantly stated as follows, in consideration 9 of Judgment 3727:
    “It is not sufficient to explain why, in the opinion of the executive head of the organisation, the internal appeal body approached an issue in a way that was flawed. It is also necessary to explain the basis on which the conclusion actually reached by the executive head of the organisation was arrived at if it was different to the conclusion of the internal appeal body [...] In the present case, it was necessary for the Secretary General not simply to identify perceived flaws in the reasoning or procedures of the Commission said to undermine its conclusion that the post had evolved but, in addition, to explain his reasons for the conclusion that the post had been “cut”. This leads to consideration of whether, in all the circumstances, the impugned decision sufficiently explained this latter conclusion.”

    Reference(s)

    ILOAT Judgment(s): 3727

    Keywords:

    duty to substantiate decision; final decision; motivation; report of the internal appeals body;



  • Judgment 4422


    132nd Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants are former permanent employees of the European Patent Office who challenge their January 2014 and subsequent payslips showing an increase in their pension contributions.

    Consideration 12

    Extract:

    The complainants contend that the impugned decisions contain no reasoning and solely relied on the Appeals Committee’s opinion which is not acceptable and biased. The Tribunal’s case law has it that a final decision may accept the opinion or recommendations of an internal appeal body without further analysis (see, for example, Judgment 3994, consideration 12), but must be motivated if it rejects the opinion and recommendations (see Judgment 4062, consideration 3, and the case law cited therein). Accordingly, the fact that the impugned decisions merely accepted the Appeals Committee’s reasoning does not vitiate those decisions.

    Reference(s)

    ILOAT Judgment(s): 3994, 4062

    Keywords:

    duty to substantiate decision; final decision; motivation; report of the internal appeals body;



  • Judgment 4259


    129th Session, 2020
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend his appointment beyond the statutory retirement age.

    Consideration 12

    Extract:

    The President stated that he did not consider the prolongation justified “after weighing all relevant aspects and with due respect to the Office’s prevailing general interest of [the] service”. It is not clear from the impugned decision or from any document which the EPO presents what the “relevant aspects” are. The EPO does not explain it and the Tribunal does not discern a nexus between any aspects of the proposed structural reform of the Boards of Appeal contained in document CA/16/15 and the President’s decision not to propose the prolongation of the complainant’s appointment to the Administrative Council. Moreover, there is no indication as to what the Office’s prevailing general interest of the service in rejecting the complainant’s request for prolongation of his appointment was. Merely repeating that phrase in similar terms to the formulation in Article 54(1)(b) was insufficient. The Tribunal therefore concludes that the President’s decision not to propose the prolongation of the complainant’s appointment to the Administrative Council and rejecting the request was irregular.

    Keywords:

    duty to substantiate decision; motivation;



  • Judgment 4228


    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 to reject his request for compensation for loss of earnings allegedly caused by a service-incurred injury.

    Consideration 6

    Extract:

    With regard to the failure to disclose the internal documentation, the Tribunal finds that the complainant was informed of the ACCC’s recommendation in the letter dated 2 December 2014 in which the Director-General’s decision to reject his claim was communicated to him. There was no breach of any due process rights as the complainant was informed of the substance of the ACCC’s recommendation, as well as the Director-General’s final decision. The complainant was provided with sufficient elements to understand the reasoning for rejecting his claim and to exercise his right of appeal.

    Keywords:

    disclosure of evidence; due process; duty to substantiate decision; motivation;



  • Judgment 4081


    127th Session, 2019
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision of the Director General not to allow him to carry out an assignment outside the Organisation.

    Consideration 5

    Extract:

    The Tribunal recalls that, according to its case law, the reasons for a decision must be sufficiently explicit to enable the person concerned to take an informed decision accordingly; they must also enable the competent review bodies to determine whether the decision is lawful and, in particular, the Tribunal to exercise its power of review. How extensive those reasons need be will depend on the circumstances (see Judgments 1817, consideration 6, and 3617, consideration 5).

    Reference(s)

    ILOAT Judgment(s): 1817, 3617

    Keywords:

    duty to substantiate decision; impugned decision; motivation;

    Consideration 5

    Extract:

    [A]ccording to the case law, the reasons for a decision need not be stated in the decision itself, but may be contained in other documents communicated to the staff member concerned; they may even be set forth in briefs or submissions produced for the first time before the Tribunal, provided that the complainant’s right of appeal is fully respected (see, for example, Judgments 1289, consideration 9, 1817, consideration 6, 2112, consideration 5, or 2927, consideration 7).

    Reference(s)

    ILOAT Judgment(s): 1289, 1817, 2112, 2927

    Keywords:

    duty to substantiate decision; grounds; motivation; right of appeal; right to reply;



  • Judgment 4062


    127th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to renew her fixed-term contract on the grounds of unsatisfactory performance.

    Consideration 3

    Extract:

    The Tribunal has consistently held that the executive head of an international organization, when taking a decision on an internal appeal that departs from the recommendations made by the appeals body, to the detriment of the employee concerned, must adequately state the reasons for not following those recommendations (see, for example, Judgments 2339, consideration 5, 2699, consideration 24, 3208, consideration 11, 3695, consideration 9, or 3830, considerations 6 and 8).

    Reference(s)

    ILOAT Judgment(s): 2339, 2699, 3208, 3695, 3830

    Keywords:

    duty to substantiate decision; executive head; impugned decision; internal appeals body; motivation;



  • Judgment 4060


    127th Session, 2019
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, an ICC Senior Security Officer, contests the decision to temporarily withdraw his authorisation to carry a firearm.

    Consideration 9

    Extract:

    The Tribunal has consistently held that the affected staff member must be given reasons in support of any adverse administrative decision (see, for example, Judgments 2124, under 3, 3041, under 9, and 3617, under 5). As stated recently in Judgment 3903, under 21, the rationale underlying the obligation to give reasons is to safeguard the staff member’s rights, which requires, among other things, that “the affected staff member must be given an opportunity of knowing and evaluating whether or not the decision should be timely contested” (see Judgment 2124, under 4). Implicit in this statement is that the evaluation as to whether the decision should be contested involves a consideration of whether, having regard to the nature of the decision, there are other options to explore short of initiating the internal appeal process. For example, to state a few, the staff member may wish to initiate a discussion regarding remedial action that she or he could take, if warranted, or pursue informal or formal mediation. Particularly, in cases such as the present case, the adequacy of the reasons is critical and requires sufficiently clear, precise and intelligible reasons. Based on the considerations below, the Tribunal finds that the reasons given to the complainant were not adequate.

    Reference(s)

    ILOAT Judgment(s): 2124, 3041, 3617, 3903

    Keywords:

    duty to substantiate decision; motivation;

    Consideration 18

    Extract:

    The ICC’s failure to provide the complainant with adequate reasons for the 12 June 2014 decision constitutes a breach of the complainant’s due process rights and, accordingly, the decision is unlawful. This would warrant an order setting aside the decision, however, as noted above, such an order is unnecessary as the decision is no longer in force. The complainant is nonetheless entitled to moral damages for the breach of his due process rights.

    Keywords:

    damages; due process; duty to substantiate decision; moral injury; motivation;



  • Judgment 4058


    127th Session, 2019
    World Customs Organization (Customs Co-operation Council)
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his fixed-term appointment for serious misconduct.

    Consideration 8

    Extract:

    [T]he Disciplinary Committee found no misconduct and recommended no sanction. In the decision of [...], the Secretary General failed to explain why the Disciplinary Committee’s analysis and conclusions on both the question of guilt and the question of sanction were wrong (see Judgment 3969, consideration 10).

    Reference(s)

    ILOAT Judgment(s): 3969

    Keywords:

    disciplinary procedure; duty to substantiate decision; final decision; motivation;



  • Judgment 4044


    126th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed an application for execution of Judgment 3695.

    Considerations 6-7

    Extract:

    Foundational to the Tribunal’s reasoning in [Judgment 3695] was the duty of an executive head of an organisation to substantiate a final decision departing from the recommendations of an appeal committee. In that regard, the Tribunal referred to Judgments 2339, 2699 and 3208.
    However, for the purpose of the present application for execution, the applicable principle was discussed by the Tribunal in Judgment 2092, consideration 10. The Tribunal said a departure from a recommendation of an appeal committee must be explained, but also said: “[w]hen the executive head of an organisation accepts and adopts the recommendations of an internal appeal body he [or she] is under no obligation to give any further reasons than those given by the appeal body itself” (see also, for example, Judgments 2577 and 2611).

    Reference(s)

    ILOAT Judgment(s): 2092, 2339, 2577, 2611, 2699, 3208, 3695

    Keywords:

    duty to substantiate decision; internal appeals body; motivation;



  • Judgment 3994


    126th Session, 2018
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges CERN’s refusal to recognise the illness from which she says she suffers as occupational.

    Consideration 12

    Extract:

    The Tribunal recalls [...] that when the executive head of an organisation adopts the recommendations of an internal appeal body, she or he is under no obligation to give any further reasons in his or her decision than those given by the appeal body itself (see Judgment 2092, under 10).
    In this case, the Director-General followed the recommendation of the Joint Advisory Appeals Board. In accordance with the principle cited above, she was not obliged to engage in any “further questioning”, despite what the complainant maintains.

    Reference(s)

    ILOAT Judgment(s): 2092

    Keywords:

    duty to substantiate decision; impugned decision;



  • Judgment 3969


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the EPO’s decision to impose upon her the disciplinary measure of downgrading.

    Considerations 10 and 16

    Extract:

    The overarching legal principles in a case such as the present have recently been discussed by the Tribunal in Judgment 3862, consideration 20. The Tribunal observed:
    “The executive head of an international organisation is not bound to follow a recommendation of any internal appeal body nor bound to adopt the reasoning of that body. However an executive head who departs from a recommendation of such a body must state the reasons for disregarding it and must motivate the decision actually reached. [...]"
    [In the present case], the President has failed to adequately motivate his conclusions and decision for departing from the conclusions of the Disciplinary Committee, failed to establish beyond a reasonable doubt that the complainant acted in bad faith, and failed to adequately motivate his ultimate conclusion on the disciplinary sanction he imposed and the reasons for it with specific reference to all mitigating circumstances. His decision should be set aside and the matter remitted to the EPO to enable the President to make a new decision.

    Reference(s)

    ILOAT Judgment(s): 3862

    Keywords:

    case sent back to organisation; disciplinary procedure; duty to substantiate decision; final decision;



  • Judgment 3968


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to impose on her the disciplinary measure of downgrading for serious misconduct, and the decision not to initiate an investigation into her allegations of institutional harassment.

    Consideration 19

    Extract:

    Consistent case law holds that “[t]he executive head of an international organisation is not bound to follow a recommendation of any internal appeal body nor bound to adopt the reasoning of that body. However an executive head who departs from a recommendation of such a body must state the reasons for disregarding it and must motivate the decision actually reached” (see Judgment 3862, under 20) (see also Judgments 3208, under 10 and 11, 3727, under 9, and the case law cited therein). In the present case, the President justified his deviation from the recommendations of the Disciplinary Committee.

    Reference(s)

    ILOAT Judgment(s): 3208, 3727, 3862

    Keywords:

    duty to substantiate decision; final decision;



  • Judgment 3964


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to impose on him the disciplinary measure of dismissal for serious misconduct.

    Consideration 9

    Extract:

    The overarching legal principles in a case such as the present have recently been discussed by the Tribunal in Judgment 3862, consideration 20. The Tribunal observed: “the executive head of an international organisation is not bound to follow the recommendation of any internal appeal body nor bound to adopt the reasoning of that body. However an executive head who departs from a recommendation of such a body must state the reasons for disregarding it and must motivate the decision actually reached. In addition, according to the well-settled case law of the Tribunal, the burden of proof rests on an organisation to prove allegations of misconduct beyond a reasonable doubt before a disciplinary sanction can be imposed (see, for example, Judgment 3649, consideration 14).

    Reference(s)

    ILOAT Judgment(s): 3649, 3862

    Keywords:

    burden of proof; disciplinary measure; duty to substantiate decision; final decision; misconduct; standard of proof;



  • Judgment 3929


    125th Session, 2018
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to abolish her post and to terminate her appointment while she was on sick leave.

    Consideration 6

    Extract:

    According to consistent case law, “[t]he executive head of an international organisation is not bound to follow a recommendation of any internal appeal body nor bound to adopt the reasoning of that body. However an executive head who departs from a recommendation of such a body must state the reasons for disregarding it and must motivate the decision actually reached” (see Judgment 3862, under 20; see also Judgments 3208, under 10 and 11, 3727, under 9, and the case law cited therein). In the present case, the Director General did not adequately motivate his decision. This flaw is enough to set aside the impugned final decision [...].

    Reference(s)

    ILOAT Judgment(s): 3208, 3727, 3862

    Keywords:

    duty to substantiate decision; final decision;



  • Judgment 3928


    125th Session, 2018
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to abolish his post and to terminate his appointment while he was on sick leave.

    Consideration 7

    Extract:

    Consistent case law holds that “[t]he executive head of an international organization is not bound to follow a recommendation of any internal appeal body nor bound to adopt the reasoning of that body. However an executive head who departs from a recommendation of such a body must state the reasons for disregarding it and must motivate the decision actually reached” (Judgment 3862, under 20; see also Judgments 3208, under 10 and 11, 3727, under 9, and the case law cited therein). In the present case the Director General did not adequately motivate his decision. This flaw is enough to set aside the impugned decision [...].

    Reference(s)

    ILOAT Judgment(s): 3208, 3727, 3862

    Keywords:

    duty to substantiate decision; final decision;



  • Judgment 3920


    125th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her fixed-term appointment pursuant to the abolition of her post.

    Consideration 10

    Extract:

    It is well settled in the Tribunal’s case law that if a decision is taken to abolish a post, then the staff member occupying the post is entitled to know the reasons for that decision in a manner that safeguards the individual’s rights (see, for example, Judgments 3290, consideration 14, and 3041, consideration 8).

    Reference(s)

    ILOAT Judgment(s): 3041, 3290

    Keywords:

    abolition of post; duty to substantiate decision;



  • Judgment 3914


    125th Session, 2018
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to renew his project-based fixed-term contract.

    Considerations 15 & 18

    Extract:

    As far as providing reasons is concerned, the complainant contends that the WTO provided no or no adequate reason for the non-renewal of the contract. With regard to the duty to provide a reason and the adequacy of that reason, the Tribunal stated as follows in Judgment 1817, consideration 6:
    “A staff member needs to know the reasons for a decision so that he can act on it, for example by challenging it or filing an appeal. A review body must also know the reasons so as to tell whether it is lawful. How ample the explanation need be will turn on circumstances. It may be just a reference, express or implied, to some other document that does give the why and wherefore. If little or no explanation has yet been forthcoming, the omission may be repaired in the course of appeal proceedings, provided that the staff member is given his full say.”
    The reasons may also be provided to a staff member at a meeting (see Judgment 3662, under 3 to 5). The Tribunal has also stated in Judgment 1750, consideration 6, that “[t]he case law does not require that the reasons be stated in the text that gives notice of non-renewal”.
    [...]
    The Tribunal determines that the [...] statements in the communications and in the internal pleadings permitted the complainant to know that his contract would expire in accordance with its terms and would not be renewed, because it was for the duration of a specific project which had ended and he was not earmarked to work in another project.

    Reference(s)

    ILOAT Judgment(s): 1750, 1817, 3662

    Keywords:

    duty to substantiate decision; non-renewal of contract;



  • Judgment 3908


    125th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to abolish his post and terminate his appointment.

    Consideration 3

    Extract:

    [T]he Tribunal has repeatedly observed, and recently done so in Judgment 3862, consideration 20, that: “[t]he executive head of an international organisation is not bound to follow a recommendation of any internal appeal body nor bound to adopt the reasoning of that body. However an executive head who departs from a recommendation of such a body must state the reasons for disregarding it and must motivate the decision actually reached.”

    Reference(s)

    ILOAT Judgment(s): 3862

    Keywords:

    duty to substantiate decision; executive head; final decision; motivation;



  • Judgment 3903


    125th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the termination of his fixed-term appointment.

    Considerations 21-22

    Extract:

    It is also well settled in the case law that reasons must be given for every administrative decision affecting a staff member’s rights (see, for example, Judgments 2124, under 3, 3041, under 9, and 3617, under 5). As the underlying rationale for the requirement to give reasons is to safeguard the staff member’s rights, the obligation to give reasons is not satisfied by simply stating the statutory ground upon which the decision is taken. The reasons must give an explanation for the decision itself. A staff member needs to know the reasons for a decision so that the staff member can evaluate whether it should be challenged. As well, an internal appeal body must also know the reasons to determine whether the decision is lawful, as must the Tribunal in order to exercise its power of review (Judgment 3617, under 5).
    In the present case, the failure to give reasons led to confusion and misunderstanding surrounding the nature of the decision. Further, the absence of reasons for the decision to terminate the complainant’s appointment left the complainant guessing about the reasons for the decision and impeded his ability to challenge it. Alone, this violation of the Staff Regulations and Staff Rules warrants that the impugned decision be set aside.

    Reference(s)

    ILOAT Judgment(s): 2124, 3041, 3617

    Keywords:

    duty to substantiate decision; judicial review; termination of employment;

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Last updated: 23.09.2021 ^ top