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Lack of injury (47,-666)

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Keywords: Lack of injury
Total judgments found: 85

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  • Judgment 82


    14th Session, 1965
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant requests compensation for the prejudice suffered as a result of the delay by the organisation in giving effect to the judgment. Intervenors x,y and z, insofar as they are acting on their own behalf, do not enjoy any right liable to be affected by the present judgment; they are also acting on behalf of the staff, who have no cause to intervene in the present proceedings. Their interventions are accordingly not receivable.

    Reference(s)

    ILOAT Judgment(s): 61

    Keywords:

    cause of action; intervention; lack of injury; locus standi; no cause of action; receivability of the complaint; staff representative; staff union;



  • Judgment 63


    11th Session, 1962
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The Tribunal is competent to pass judgment on the irregularities allegedly committed by the Appeals Board only to the extent that they might, "particularly by reason of their gravity, have affected the Director-General's decision." This is not a case in point: there was a hearing of both parties; the allegations made by complainant are without substance or relevance.

    Keywords:

    consequence; decision; flaw; internal appeal; internal appeals body; judicial review; lack of injury; procedural flaw;



  • Judgment 60


    10th Session, 1962
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration II 2(A)

    Extract:

    The complainant has not suffered any financial prejudice. "On the other hand, the mere fact of belonging to a given grade does not carry any prestige value, unlike the use of a title, such as 'secretary' for instance [...]. Thus there is no moral prejudice."

    Keywords:

    cause of action; injury; lack of injury; moral injury; post classification; title of post;



  • Judgment 45


    8th Session, 1960
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The letter in question "merely informed [the complainant] that at that stage of the proceedings the organization thought that no useful purpose would be served by continuing to correspond with her on any matters relating to her case except insofar as such correspondence related directly to the claims pending before the [appeals body]. There is nothing in that letter adversely affecting the rights of [the complainant]; consequently, it does not constitute an administrative decision that can be brought in issue before the Tribunal and the complaint is [...] not receivable."

    Keywords:

    cause of action; lack of injury; no cause of action; receivability of the complaint;



  • Judgment 36


    7th Session, 1958
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "In the absence of a decision injurious to the complainant, his complaint is quite unfounded."

    Keywords:

    cause of action; complaint; lack of injury; no cause of action;

    Considerations

    Extract:

    "In drawing up the complainant's annual report, his supervisor did not deny the validity of the medical certificate submitted by the complainant to justify his absence but justly criticised the discourteous manner in which he had made use of a medical certificate to remain away from work [...]. The evaluation expressed in that report was made within the exercise of a discretion and constituted only a [preliminary] opinion [...]. There can be no recourse to the Tribunal in relation to this evaluation." The complainant was granted an annual increment on the basis of this report and there was therefore no decision which is injurious to the complainant.

    Keywords:

    cause of action; conduct; discretion; lack of injury; no cause of action; performance report; supervisor;

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Last updated: 23.11.2020 ^ top