Joinder (52, 53, 54,-666)
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Keywords: Joinder
Total judgments found: 171
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Judgment 4418
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the Administration’s failure to respect the statutory time limit for the submission of documents to the General Advisory Committee for the purposes of consultation prior to the adoption of a New Pension Scheme and a corresponding Salary Savings Plan for employees taking up their duties with the EPO on or after 1 January 2009.
Consideration 3
Extract:
The two complaints are based on the same facts and raise the same questions of law. They are therefore joined so that one judgment can be rendered.
Keywords:
joinder;
Judgment 4417
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests instructions she received concerning patent applications.
Consideration 4
Extract:
Inasmuch as these complaints raise the same central issue for determination, the Tribunal joins them to be the subject of a single judgment.
Keywords:
joinder;
Judgment 4414
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants filed applications for review of Judgment 4195.
Consideration 3
Extract:
As the two applications for review concern the same judgment, they will be joined to be the subject of a single judgment.
Keywords:
joinder;
Judgment 4400
131st Session, 2021
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the International Labour Office, impugns the decisions of the Director-General to issue a reprimand against him, to revoke his appointment as a Director, to appoint another person to that post and, finally, to discharge him with notice.
Consideration 7
Extract:
The two complaints brought in turn by the complainant in the circumstances described above essentially seek the same redress, rest mainly on the same facts and are broadly based on the same arguments. They shall therefore be joined to form the subject of a single judgment.
Keywords:
joinder;
Judgment 4385
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants are permanent employees of the European Patent Office who challenge a general decision concerning tax adjustment.
Consideration 1
Extract:
This judgment concerns two complaints filed on [the same day] by two staff members of the EPO. The complainants’ arguments are embodied in one brief and arise from the same factual circumstances. The complaints are joined and the Tribunal will rule on them in a single judgment.
Keywords:
joinder;
Judgment 4381
131st Session, 2021
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the changes made with respect to her salary.
Consideration 2
Extract:
The complainant seeks the joinder of his complaint with a complaint filed by another WFP staff member. This is not opposed by the FAO. However, as will emerge from this judgment and the judgment concerning the other staff member, different aspects of salary and different specific benefits need to be considered in both instances with potentially distinct factual and legal analyses. This results, in part, from the FAO’s pleas concerning the receivability of all aspects of the broadly framed complaint of the complainant and also that of the other staff member. Joinder is likely to confuse and obscure the real issues. The complainant appears to assume, as does the other staff member, that he can challenge in his complaint in these proceedings the cumulative effect of all the changes to salary and benefits as can the other staff member in hers. This, as discussed later, is not correct. Accordingly the complaints are not joined though some of the discussion in this judgment repeats what is said in the other.
Keywords:
joinder;
Judgment 4380
131st Session, 2021
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the changes made with respect to his salary.
Consideration 2
Extract:
The complainant seeks the joinder of his complaint with a complaint filed by another WFP staff member. This is not opposed by the FAO. However, as will emerge from this judgment and the judgment concerning the other staff member, different aspects of salary and different specific benefits need to be considered in both instances with potentially distinct factual and legal analyses. This results, in part, from the FAO’s pleas concerning the receivability of all aspects of the broadly framed complaint of the complainant and also that of the other staff member. Joinder is likely to confuse and obscure the real issues. The complainant appears to assume, as does the other staff member, that he can challenge in his complaint in these proceedings the cumulative effect of all the changes to salary and benefits as can the other staff member in hers. This, as discussed later, is not correct. Accordingly the complaints are not joined though some of the discussion in this judgment repeats what is said in the other.
Keywords:
joinder;
Judgment 4374
131st Session, 2021
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decisions to abolish their posts and terminate their appointments.
Consideration 6
Extract:
The complainants filed their complaints before the Tribunal between 22 February and 7 May 2019. As they address the same basic facts and turn on the same questions of law, including the threshold issue of receivability regarding the question of time bar, the Tribunal finds it convenient to join them and render one judgment.
Keywords:
joinder;
Judgment 4356
131st Session, 2021
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to place him on the shortlist for a position for which he had applied as a priority candidate.
Consideration 4
Extract:
The complainant sought the joinder of his complaints concerning his failed attempts to secure appointment to [a] position [...]. The ICC agreed but only if this complaint is receivable. However while the substratum of facts overlap to an extent, the sole legal issue arising in his seventh complaint does not arise in the other two complaints. Accordingly this complaint will not be joined with either of the others.
Keywords:
joinder;
Judgment 4349
131st Session, 2021
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to consider his harassment complaint closed.
Considerations 2-4
Extract:
WHO seeks the joinder of this complaint with the complainant’s second complaint, which he filed in the Tribunal on 28 October 2018. In so doing, WHO submits that the two complaints overlap substantively with regard to several allegations which they contain. The complainant opposes the joinder on the ground that the complaints raise “legal and factual issues which have no commonality”. He relies on Judgment 656.
The Tribunal stated the following in consideration 1 of Judgment 656:
“Before the Tribunal will join two or more complaints and deal with them in a single judgment two conditions must be fulfilled.
The first is that the substance of the claims must be the same. Whether they are stated differently is of no account: what matters is that the Tribunal should be able to rule on them in a single decision.
The second condition is that the material facts, viz. those on which the claims rest and which are relevant thereto, should be the same.
The complainants need not all have the same arguments. The Tribunal rules as it sees fit and is not constrained by the parties’ submissions, variations between them being immaterial.”
The Tribunal has rejected applications for the joinder of complaints essentially on the ground that they involved no commonality of legal issues and facts (see, for example, Judgments 3620, consideration 2, 4000, consideration 1, 4114, consideration 2, and 4171, consideration 1). In Judgment 4086, consideration 8, the Tribunal rejected an application for the joinder of the complaint that was the subject of that judgment with another complaint. This was on the ground that that other complaint was not within the scope of the complaint that was the subject of Judgment 4086 and that it was accordingly not convenient to join them. Similarly, WHO’s application to join the complainant’s second complaint with the present complaint will be rejected as the former is not within the scope of the present complaint and does not raise the same or similar legal and factual issues.
Reference(s)
ILOAT Judgment(s): 656, 3620, 4000, 4086, 4114, 4171
Keywords:
joinder;
Judgment 4348
131st Session, 2021
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the refusal to grant them costs incurred during the internal appeal proceedings.
Consideration 1
Extract:
This judgment concerns six complaints filed on 26 July 2019 by six members of the staff of PAHO. The complainants’ arguments are embodied in one brief and arise from the same factual circumstances. The complaints are joined and the Tribunal will rule on them in a single judgment.
Keywords:
joinder;
Judgment 4342
131st Session, 2021
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to select him for the position of Deputy General Counsel.
Consideration 2
Extract:
This is the complainant’s third complaint that is, together with his second complaint, being considered by the Tribunal at this session. There is an overlap between the legal and factual issues but neither the complainant nor IFAD sought the joinder of the two complaints. There will be no joinder.
Keywords:
joinder;
Judgment 4316
130th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the introduction of fixed “bridging days” to balance the number of public holidays at the different places of employment.
Consideration 9
Extract:
As the complaints challenge the same normative decision, are based on similar grounds, and contain similar requests for redress, the Tribunal finds it convenient to join them and render one judgment.
Keywords:
joinder;
Judgment 4306
130th Session, 2020
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the effective date which has been set for the retroactive reclassification of her post and the undue delay in the reclassification procedure.
Consideration 1
Extract:
Inasmuch as [the] complaints arise from the same background; raise issues which are intricately entwined; are the subject of identical briefs and rejoinders and a single reply and surrejoinder, and impugn decisions contained in the same letter [...], they are joined and the Tribunal will rule on them in a single judgment.
Keywords:
joinder;
Judgment 4294
130th Session, 2020
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant applies for execution of Judgment 3905.
Consideration 10
Extract:
[T]he complainant’s renewed request for the joinder of the present application for execution and his second complaint filed with the Tribunal [...], endorsed by the ICC, is rejected, as the application for execution does not raise the same issues of fact and law as the second complaint.
Keywords:
joinder;
Judgment 4277
130th Session, 2020
International Bureau of Weights and Measures
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who has been receiving a retirement pension since 1 December 2017, impugns her “pay slip” for January 2018.
Consideration 1
Extract:
The BIPM seeks the joinder of this complaint with that filed by a former staff member of the BIPM who also receives a retirement pension. The complainants are in different legal situations. The decisions they challenge are not all the same and the complaints raise partly different questions of law. Accordingly, the complaints shall not be joined.
Keywords:
joinder;
Judgment 4273
130th Session, 2020
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge their classification in the new career structure established following the 2015 five-yearly review.
Consideration 1
Extract:
Since the complaints include almost identical pleadings, concern the same organisation, advance the same arguments and make similar claims, they will be joined and dealt with in a single judgment.
Keywords:
joinder;
Judgment 4270
129th Session, 2020
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants, former officials of the World Food Programme whose employment was terminated as a result of the abolition of their posts, allege that they performed functions of a higher level than those of the posts they occupied, and claim compensation as well as reinstatement.
Consideration 2
Extract:
As the complaints, which contain almost identical briefs, raise the same arguments and seek the same relief, it is convenient that they be joined to form the subject of a single judgment.
Keywords:
joinder;
Judgment 4265
129th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss her allegations of harassment.
Consideration 2
Extract:
This complaint [...] is the fifth of six complaints filed by the complainant that are presently before the Tribunal. Neither the complainant nor the EPO sought the joinder of this complaint with the other five. While each of the six complaints broadly relates to the same continuum of events with one of the central characters being VP1, mainly each concerns discrete events and each raises different legal issues. This complaint will not be joined with any of the others, consistent with the Tribunal’s case law (see, for example, Judgment 4114, consideration 2) with, additionally, the benefit of creating greater focus on the relevant facts and applicable law attending this complaint and each of the other complaints.
Reference(s)
ILOAT Judgment(s): 4114
Keywords:
joinder;
Judgment 4264
129th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her performance management report for the period 1 January 2010 to 18 July 2010.
Consideration 2
Extract:
This complaint [...] is the fourth of six complaints filed by the complainant that are presently before the Tribunal. Neither the complainant nor the EPO sought the joinder of this complaint with the other five. While each of the six complaints broadly relates to the same continuum of events with one of the central characters being VP1, mainly each concerns discrete events and each raises different legal issues. This complaint will not be joined with any of the others, consistent with the Tribunal’s case law (see, for example, Judgment 4114, consideration 2) with, additionally, the benefit of creating greater focus on the relevant facts and applicable law attending this complaint and each of the other complaints.
Reference(s)
ILOAT Judgment(s): 4114
Keywords:
joinder;
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