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Consultation (528,-666)

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Keywords: Consultation
Total judgments found: 55

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  • Judgment 4419


    132nd Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants contest the appointment of members of the General Advisory Committee in 2012 and 2013.

    Judgment keywords

    Keywords:

    cause of action; complaint dismissed; composition of the internal appeals body; consultation; member of an internal body;



  • 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.

    Considerations 6-7 and 11

    Extract:

    There are numerous judgments of the Tribunal concerning the legal consequences of the failure of an organisation to consult with representative bodies before decisions are made by the organisation and what relief should be granted.
    In recent cases concerning the EPO where failure to consult had been established, on some occasions decisions have been set aside or quashed (see, for example, Judgment 3522) but, on other occasions, they have not (see, for example, Judgment 4385).
    […]
    In the present case, the Tribunal is not satisfied that the contentious October 2008 decisions should be quashed. The decisions were tainted only with a procedural flaw of lesser importance.

    Reference(s)

    ILOAT Judgment(s): 3522, 4385

    Keywords:

    consultation; procedural flaw;

    Judgment keywords

    Keywords:

    complaint dismissed; consultation;



  • 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.

    Judgment keywords

    Keywords:

    complaint allowed; consultation;



  • Judgment 4230


    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 introduce a maximum length of employment under short-term appointments in breach of applicable rules on consultation with staff representatives.

    Judgment keywords

    Keywords:

    complaint allowed; consultation; decision quashed; staff representative;

    Consideration 14

    Extract:

    The complainant seeks an order that the FAO follows the consultative process as set out in relevant Staff Rules and procedures before issuing a revised version of the Circular. While the FAO has a duty to consult properly with the staff representative bodies in the event that it decides to issue a new Circular, it is not within the Tribunal’s competence to make the requested order.

    Keywords:

    competence of tribunal; consultation; staff representative;

    Considerations 12-13

    Extract:

    The complaint is well founded. As recognized by the majority of the members of the Appeals Committee, the amendment to the proposed 55-month rule, that is, its immediate application rather than the originally proposed application, was “drastically different from the effects the originally proposed 55-month rule would have had”. Changing the proposal to provide for an immediate application resulted in a significant number of staff members holding a temporary appointment being affected. The majority of the members of the Appeals Committee observed that “[t]he measures taken by the Organization in the follow-up to the issuance of [the Circular], in particular the extensions of contracts until 31 July 2015 for those individuals who had already accumulated 55 months of aggregate service at the time of issuance of the [Circular], indicate[d] the type of effects and potential responses fully informed and open consultations on the amended 55-month rule could have anticipated”. The majority noted “that on 5 March 2015, the SMCC discussed the amended [...] 55-month rule. However, neither the [complainant] nor the Organization submit[ted] that these discussions were ‘consultations’, as required by Staff Rule 302.8.3”. The majority did not consider that the meeting of 5 March constituted a “proper and meaningful consultation”, and it noted also that the “UGSS, according to the SMCC summary record, had informed Management on 5 March 2015 that it ‘was not aware of how many temporary staff would be immediately affected by the new rule on the retroactive limitation of short-term employment to 55 months, and asked to receive the numbers of [the General Service staff] that would be touched and risk to be separated by the Organization’. This information, in the [majority’s] view, would indeed have been useful, in fact, it was crucial to assess the effects of the amended 55-month rule on existing short-term [...] staff [in the General Service category]. However the information was not made available.” The Tribunal finds these considerations to be correct.

    The Tribunal finds that by informing the staff representative bodies, at the 5 March meeting, of the decision to proceed with the introduction of the new Policy through the publication of the Circular on 6 March, the Organization was essentially presenting them with a fait accompli. Contrary to the Director-General’s view that the consultation process preceding the issuance of the Circular was appropriate, the Tribunal finds that it was insufficient, as a proper consultation must allow a reasonable amount of time for the consulted body to discuss the issue, have its principal questions answered and provide reasoned advice or recommendations, and must also allow time for the deciding authority to take that advice into consideration prior to taking the decision. In Judgment 380, under 21, the Tribunal stated: “Where there is only a simple obligation to consult, the decision-maker’s duty is to listen or at most to exchange views. The object of the consultation is that [she or] he will make the best decision and the assumption is that [she or] he will not succeed in doing that unless [she or] he has the benefit of the views of the person consulted. The object of negotiation on the other hand is compromise. This object would be frustrated if either party began with the determination not to make any concession in any circumstances, just as the object of consultation would be frustrated if the decision-maker began with a determination not to be influenced by anything that might be said to [her or] him. On both these hypotheses there would be a lack of good faith.”

    Keywords:

    consultation; good faith; staff representative;



  • Judgment 4197


    128th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reject his request for payment of overtime hours performed under the terms of an informal agreement concluded within his department.

    Consideration 5

    Extract:

    The Tribunal finds that a practice was established based on the informal agreement, which was not contrary to the written provisions of Articles 57 and 58 of the Service Regulations. This practice, which was followed for a long time without any contestation by the parties to the agreement, became a legally binding practice, which only regarded voluntary work, thus, there was no requirement to consult the Local Advisory Committee (LAC) or the General Advisory Committee (GAC).

    Reference(s)

    Organization rules reference: Articles 57 and 58 of the Service Regulations

    Keywords:

    consultation; practice;



  • Judgment 4009


    126th Session, 2018
    Energy Charter Conference
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend his fixed-term contract following the abolition of his post, but to give him a Project Staff contract.

    Considerations 4-5

    Extract:

    A firm line of precedent has it that a decision concerning the restructuring of an international organisation’s services which leads to the abolition of a post is subject to only limited review by the Tribunal. The latter must therefore confine itself to ascertaining whether the decision was taken in accordance with the rules on competence, form or procedure, whether it involves a mistake of fact or of law, whether it constituted abuse of authority, whether it failed to take account of material facts, or whether it draws clearly mistaken conclusions from the evidence (see Judgment 3582, under 6).
    Since a breach of rules concerning consultation of a staff representative body constitutes a procedural flaw, this plea lies within the scope of review defined above.

    Reference(s)

    ILOAT Judgment(s): 3582

    Keywords:

    consultation; judicial review; reorganisation;



  • Judgment 4008


    126th Session, 2018
    Energy Charter Conference
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: In her first complaint, the complainant challenges the decision not to extend her fixed-term contract following the abolition of her post, but to give her a Project Staff contract. In her second complaint, she challenges three vacancy notices concerning C category posts and in her third complaint, she challenges the rejection of her application for two of these posts.

    Consideration 5

    Extract:

    A firm line of precedent has it that a decision concerning the restructuring of an international organisation’s services which leads to the abolition of a post is subject to only limited review by the Tribunal. The latter must therefore confine itself to ascertaining whether the decision was taken in accordance with the rules on competence, form or procedure, whether it involves a mistake of fact or of law, whether it constituted abuse of authority, whether it failed to take account of material facts, or whether it draws clearly mistaken conclusions from the evidence (see Judgment 3582, under 6).

    Reference(s)

    ILOAT Judgment(s): 3582

    Keywords:

    consultation; judicial review; reorganisation;



  • Judgment 3883


    124th Session, 2017
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants contest the implementation of new salary scales as from March 2012 in Bangkok.

    Consideration 21

    Extract:

    [T]he failure to consult as required by [the relevant rule] cannot be excused because such consultation had not occurred for some years without complaint.

    Keywords:

    consultation;



  • Judgment 3850


    124th Session, 2017
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to amend his job title.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; consultation; decision quashed; title of post;



  • Judgment 3775


    123rd Session, 2017
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the lawfulness of the Office Procedure on “Rental and car advances for internationally-recruited officials”, on the grounds that the Staff Union was not consulted before it was issued.

    Judgment keywords

    Keywords:

    complaint dismissed; consultation; staff representative;



  • Judgment 3736


    123rd Session, 2017
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the ITU’s decision to change its medical insurance scheme and to increase their premiums under this insurance scheme.

    Judgment keywords

    Keywords:

    complaint allowed; consultation; decision quashed; health insurance; insurance;

    Consideration 13

    Extract:

    It follows from what was said under 7 [...] that Service Order No. 14/10 is unlawful because the Staff Council was not consulted. The decisions to deduct additional insurance premiums from the complainants’ pensions as from 1May 2014 must therefore be set aside and the organisation must be ordered to reimburse the complainants the amount thereof.
    The complainants are also entitled to compensation for the moral injury caused by the unlawful nature of these undue deductions.
    However, given that the unlawfulness of Service Order No. 14/10 is due only to a procedural flaw which, moreover, may be remedied, including retroactively, an award of 2,000 euros to each complainant will constitute sufficient compensation for this injury.

    Keywords:

    consultation; moral injury;



  • Judgment 3671


    122nd Session, 2016
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges two service orders.

    Consideration 4

    Extract:

    The Tribunal recalls [...] that in keeping with the principle tu patere legem quam ipse fecisti, when a text provides for the consultation of a body representing the staff before the adoption of a decision, the competent authority must follow that procedure, otherwise its decision will be unlawful (see, for example, Judgment 1488, under 10). It is ascertained that the ITU did not consult the Staff Council on the matter of the disputed service orders. The fact relied upon by the ITU, that two members of the Council took part in the above-mentioned working group, is not a valid substitute for the consultation of the Council.

    Reference(s)

    ILOAT Judgment(s): 1488

    Keywords:

    consultation;



  • Judgment 3621


    121st Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges two appointments of the President of the Office to the Internal Appeals Committee on the grounds that they were not preceded by consultation of the General Advisory Committee.

    Judgment keywords

    Keywords:

    advisory body; appointment; complaint dismissed; consultation; internal appeals body;



  • 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.

    Consideration 7

    Extract:

    Whether the duty to consult has been met or violated is not to be applied in a vacuum. If, as here, it is alleged information was not provided or not provided in a timely way, the duty to consult is violated with legal consequences only if that information is material to the matter in issue and on which there should be consultation and, additionally, proper consultation is frustrated by its absence.

    Keywords:

    consultation;



  • Judgment 3395


    119th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal considered that the complainant was entitled to compensation for the EPO's failure to comply with the Tribunal's order.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 2919

    Keywords:

    application for execution; complaint allowed; consultation;

    Consideration 1

    Extract:

    Consultation is a process and not an event. The nature of the process was discussed by the Tribunal in Judgment 380. At the very least consultation involves listening and exchanging views. [...] It is not possible to exchange views or discuss a scheme or proposal without an explication of the scheme or proposal.

    Reference(s)

    ILOAT Judgment(s): 380

    Keywords:

    consultation;



  • Judgment 3346


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants, acting as Staff Committee representatives in the General Advisory Committee, challenge the President’s interpretation of the GAC’s opinion regarding pension contributions.

    Judgment keywords

    Keywords:

    complaint dismissed; consultation; staff representative;



  • Judgment 3289


    116th Session, 2014
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant received a written censure for failing to comply with the procedure of authorizing outside activities and remuneration.

    Judgment keywords

    Keywords:

    breach; censure; complaint allowed; consultation; disciplinary measure; flaw; misconduct; outside activity; salary;



  • Judgment 3003


    111th Session, 2011
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "[A]s the Tribunal pointed out in [...] Judgment 82, under 7, the execution of a judgment by an organisation cannot under any circumstances be considered as acceptance of the judgment, nor divest it of its right to submit the judgment to the International Court of Justice for an advisory opinion [under Article XII, paragraph 1, of the Statute of the Tribunal]."

    Reference(s)

    ILOAT reference: Article XII, paragraph 1, of the Statute
    ILOAT Judgment(s): 82

    Keywords:

    acceptance; advisory opinion of icj; consequence; consultation; effect; execution of judgment; icj; iloat statute; interpretation; judgment of the tribunal; organisation; right of appeal;



  • Judgment 2877


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 23

    Extract:

    "In Judgment 2875, [...] which raises the same issue in substance as the present case, the Tribunal held that, to the extent that the specimen contract introduced provisions with respect to the pensions of Vice-Presidents who previously served in the European Patent Office, it should have been referred to the [General Advisory Committee]. Although the complainants in this case have not based their arguments on the Pension Scheme Regulations, the rulings in considerations 6 to 10 of that judgment are equally applicable to their complaints."

    Reference(s)

    ILOAT Judgment(s): 2875

    Keywords:

    advisory body; amendment to the rules; consultation; organisation's duties; pension; pension entitlements; staff member's interest; staff regulations and rules;



  • Judgment 2876


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 27

    Extract:

    In their capacity as staff representatives, the complainants challenged the Administrative Council's decision to introduce a new specimen contract for Vice-Presidents without prior consultation with the General Advisory Committee.
    "In Judgment 2875, [...] which raises the same issue in substance as the present case, the Tribunal held that, to the extent that the specimen contract introduced provisions with respect to the pensions of Vice-Presidents who previously served in the European Patent Office, it should have been referred to the [General Advisory Committee]. Although the complainants in this case have not based their arguments on the Pension Scheme Regulations, the rulings in considerations 6 to 10 of that judgment are equally applicable to their complaints."

    Reference(s)

    ILOAT Judgment(s): 2875

    Keywords:

    advisory body; amendment to the rules; consultation; organisation's duties; pension; pension entitlements; staff member's interest; staff regulations and rules;

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Last updated: 28.09.2021 ^ top