Joinder (52, 53, 54,-666)

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Keywords: Joinder
Total judgments found: 171

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• Judgment 3500

  
  120th Session, 2015
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants contest the decision to transfer another staff member to the post of Head of the Executive Education Program.

  Judgment keywords

  Keywords:

  abuse of power; bias; complaint dismissed; discretion; joinder; misuse of authority; transfer;
  

  
  
  

• Judgment 3499

  
  120th Session, 2015
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants challenge the rejection of their appeal against the creation of the Ethics Office and the decision to transfer another staff member to the position of Chief Ethics Officer.

  Judgment keywords

  Keywords:

  complaint dismissed; failure to exhaust internal remedies; joinder; transfer;
  

  
  
  

• Judgment 3491

  
  120th Session, 2015
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant, who suffered service-incurred injuries and engaged in swimming therapy, impugns the decision to only partially reimburse the cost of her gym membership.

  Judgment keywords

  Keywords:

  complaint allowed; decision quashed; health insurance; joinder; medical expenses; service-incurred; sick leave;
  

  
  
  

• Judgment 3458

  
  119th Session, 2015
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complaints, clearly irreceivable, are summarily dismissed.

  Consideration 4

  Extract:

  As the two complaints involve the same parties and raise the same issue of receivability, the Tribunal finds it convenient to join them.

  Keywords:

  joinder;
  

  
  
  

• Judgment 3451

  
  119th Session, 2015
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complaint is dismissed for failure to exhaust internal remedies.

  Consideration 5

  Extract:

  "With respect to the request for joinder, the Tribunal has already dealt with the complainant’s fourth complaint in Judgment 3221, thus rendering the question of joinder moot."

  Reference(s)

  ILOAT Judgment(s): 3221
  

  Keywords:

  joinder;
  

  
  
  

• Judgment 3450

  
  119th Session, 2015
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal set aside the contested appointment because the complainant's right to a fair and open competition was violated.

  Consideration 3

  Extract:

  The ILO requests that the complainant’s first and third complaints be joined, arguing that they are linked and overlap in substance. The complainant rejects the suggestion of joinder. As the Tribunal has already ruled on the complainant’s first complaint in Judgment 3250, [...] the ILO’s request for joinder has become moot.

  Reference(s)

  ILOAT Judgment(s): 3250
  

  Keywords:

  joinder;
  

  
  
  

• Judgment 3449

  
  119th Session, 2015
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal cancelled the disputed competitions because the ILO rendered the recruitments unlawful.

  Judgment keywords

  Keywords:

  cause of action of staff representative; competition; complaint allowed; decision quashed; flaw; joinder; selection procedure; staff representative; vacancy notice;
  

  
  
  

• Judgment 3445

  
  119th Session, 2015
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complaints are dismissed as time-barred and irreceivable.

  Consideration 6

  Extract:

  "It is well settled that complaints should only be joined if they raise the same issues of fact and law (Judgment 1541, under 3). While the four complaints are not entirely uniform in terms of the substance of the issues of fact and law raised, they may conveniently be dealt with in one judgment and are joined."

  Reference(s)

  ILOAT Judgment(s): 1541
  

  Keywords:

  joinder;
  

  
  
  

• Judgment 3442

  
  119th Session, 2015
  Organisation for the Prohibition of Chemical Weapons
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal found that the decision to dismiss internal appeals concerning a claim for compensation for service-incurred disability was flawed.

  Judgment keywords

  Keywords:

  absence of final decision; complaint allowed; decision quashed; equal treatment; harassment; invalidity; joinder; service-incurred;
  

  Consideration 1

  Extract:

  "The Tribunal finds it convenient to join these three complaints as they are based on similar and related underlying facts and issues and involve the same parties."

  Keywords:

  joinder;
  

  
  
  

• Judgment 3441

  
  119th Session, 2015
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal found that UNIDO breached its duty of care, good faith and mutual trust to the complainant.

  Judgment keywords

  Keywords:

  complaint allowed; decision quashed; extension of contract; fixed-term; joinder; recovery of overpayment;
  

  
  
  

• Judgment 3435

  
  119th Session, 2015
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal found that the complaints were irreceivable for failure to exhaust internal means of redress.

  Consideration 2

  Extract:

  "As the cases are substantially identical, and the parties agree, the complaints are joined."

  Keywords:

  joinder;
  

  
  
  

• Judgment 3428

  
  119th Session, 2015
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants unsuccessfully challenge decisions that were not followed by individual implementing decisions.

  Consideration 7

  Extract:

  The complaints have the same basic purpose, essentially raise the same issues of receivability and are based on similar facts. Moreover, they are closely interconnected in that some of them refer to the submissions in the others. Despite the reservation expressed in this regard by the defendant, the Tribunal therefore finds it appropriate to join them in order that they may form the subject of a single judgment (see Judgment 3291, under 5).

  Reference(s)

  ILOAT Judgment(s): 3291
  

  Keywords:

  joinder; same purpose;
  

  
  
  

• Judgment 3427

  
  119th Session, 2015
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants unsuccessfully challenge a series of decisions concerning pension issues, those being decisions of general application.

  Consideration 10

  Extract:

  Turning to the applications for joinder, it is well settled that complaints may be joined if they raise the same issues of law and the material facts upon which the claims rest are the same such that the Tribunal can deliver a single ruling (see Judgments 657, under 1, and 1541, under 3).

  Reference(s)

  ILOAT Judgment(s): 657, 1541
  

  Keywords:

  joinder;
  

  Consideration 10

  Extract:

  This application [for joinder] is rejected. Despite the fact that the complaints filed by Mr Ka. and Mr Ke. share a contextual background with the other complaints, they impugn different decisions and raise distinct issues of fact and law. Accordingly, they are not joined.

  Keywords:

  joinder;
  

  
  
  

• Judgment 3426

  
  119th Session, 2015
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants challenged decisions relating to tax adjustment for EPO pensioners, but the Tribunal found that those decisions had not caused them any injury.

  Consideration 4

  Extract:

  As the two complaints rest on the same material facts and raise the same issues of fact and law, they may be dealt with
  in one judgment, and are joined (see Judgment 1541, under 3).

  Reference(s)

  ILOAT Judgment(s): 1541
  

  Keywords:

  joinder;
  

  
  
  

• Judgment 3411

  
  119th Session, 2015
  International Fund for Agricultural Development
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants successfully impugn the decision not to extend their contracts upon expiry.

  Consideration 6

  Extract:

  "The complaints are based on similar but not identical facts and raise the same issues of law. Moreover, the complainants submit similar arguments to support their positions and substantially request similar redress. In its defence, IFAD puts forward similar arguments in both cases to support its position. Considering this, the Tribunal finds it convenient to join the two complaints and to deal with the issues raised therein in a single judgment."

  Keywords:

  joinder;
  

  
  
  

• Judgment 3409

  
  119th Session, 2015
  International Fund for Agricultural Development
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal awarded the complainants material and moral damages stemming from IFAD's unlawful decisions and violation of its duty of care.

  Consideration 7

  Extract:

  "Although the facts differ somewhat from case to case, the two complaints raise the same issues of fact and law, contain some common claims, rest in part on the same arguments, and seek the same redress. The Tribunal therefore considers that they should be joined in order that they may form the subject of a single judgment (see Judgments 1461, under 2, 1680, under 2, and 2944, under 19)."

  Reference(s)

  ILOAT Judgment(s): 1461, 1680, 2944
  

  Keywords:

  joinder;
  

  
  
  

• Judgment 3408

  
  119th Session, 2015
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants unsuccessfully challenge the decision to apply to them a salary adjustment index they considered illegal.

  Judgment keywords

  Keywords:

  adjustment; complaint dismissed; joinder; salary;
  

  
  
  

• Judgment 3405

  
  119th Session, 2015
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants unsuccessfully challenge the implied decision to reject their claims relating to tax relief for dependant children (for irreceivability).

  Judgment keywords

  Keywords:

  complaint dismissed; family allowance; joinder; time bar; time limit;
  

  
  
  

• Judgment 3403

  
  119th Session, 2015
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants unsuccessfully challenge the decisions to reject their claims against the list of staff members promoted in 2011.

  Consideration 6

  Extract:

  As all the complaints have the same purpose and employ the same arguments, it is convenient that they be joined in order that they may form the subject of a single judgment.

  Keywords:

  joinder;
  

  
  
  

• Judgment 3400

  
  119th Session, 2015
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant successfully challenges the decision in relation to the FAO's response to her harassment claim and her performance appraisal for 2009.

  Judgment keywords

  Keywords:

  complaint allowed; decision quashed; harassment; joinder; performance report;
  

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