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Flaw (557, 558, 862, 559,-666)

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Keywords: Flaw
Total judgments found: 244

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  • Judgment 2151


    93rd Session, 2002
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The Tribunal will not undertake a job classification exercise, which lies solely within the authority of the defendant. However, the succession of errors made in this case, as acknowledged both by the Classification Review Committee and the [Organisation] itself, leaves room for serious doubts concerning the objectivity of the rationale for the classifications that are being challenged. [...] The Tribunal finds that the complainants must not suffer any injury from the Organisation's impossibility to reconstitute the elements on which the classification was made. [The Tribunal] has to assess the effects of the errors committed and of the [Organisation]'s inability to indicate precisely the methods followed by the consultant in his recommendation to maintain the complainants' posts at [the same] grade."

    Keywords:

    complainant; consequence; flaw; grade; injury; judicial review; limits; mistake of fact; negligence; post; post classification; post held by the complainant;



  • Judgment 2051


    91st Session, 2001
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The complainant had applied for another post within the organization. While he was on leave in order to prepare his daughter's wedding, he was invited by telephone to attend an interview within two days. The complainant having stated he would not be able to attend the interview in that timeframe, his name was deleted from the list of candidates taken into consideration by the Selection Committee. "The failure to give reasonable notice to the complainant to attend an interview by refusing to take into account the family circumstances of the complainant at the time, followed by the elimination of the complainant from consideration when he could not attend, constitutes [a] flaw in the procedure adopted by the administration in respect of the selection for this post."

    Keywords:

    candidate; competition; due process; flaw; notice; post; refusal; selection board;



  • Judgment 2040


    90th Session, 2001
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "As the Tribunal has held in many judgments, a decision by an international organisation to make an appointment is a discretionary one and as such is subject to only limited review. It may be quashed only if it was taken without authority, or in breach of a rule of form or of procedure, or if it rested on an error of fact or of law, or if some essential fact was overlooked, or if there was abuse of authority, or if clearly mistaken conclusions were drawn from the evidence. Moreover, the Tribunal will exercise its power of review with special caution in such cases and will not replace the organisation's assessment of the candidates with its own (see Judgment 1497 [...])."

    Reference(s)

    ILOAT Judgment(s): 1497

    Keywords:

    abuse of power; appointment; candidate; competition; decision; decision-maker; discretion; disregard of essential fact; flaw; formal flaw; judicial review; mistake of fact; mistaken conclusion; misuse of authority; procedural flaw;



  • Judgment 2004


    90th Session, 2001
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    Out of six candidates, only the complainant was interviewed by video conference. "While the Tribunal is not to be understood as saying that a video conference is not a perfectly acceptable method of conducting interviews, care must always be taken to ensure that no candidate is given a potentially unfair advantage by that process. Flying one person across the ocean to be interviewed while leaving a competitor from the same area at home is open to the interpretation of unequal treatment."

    Keywords:

    bias; competition; discretion; equal treatment; flaw; limits; procedural flaw; remand;



  • Judgment 1982


    89th Session, 2000
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5(D)

    Extract:

    The complainant was an unsuccessful candidate for a post. The initial competition for the post was cancelled and the complainant argues that the subsequent competition and selection procedure were flawed. Therefore he asks that the decision appointing another candidate be set aside. "The Tribunal's case law has it that it is not necessary to take up the whole procedure when it is easy to determine the point at which it began to be flawed."

    Keywords:

    appointment; candidate; flaw; procedural flaw; selection board;



  • Judgment 1980


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5 and 10

    Extract:

    "The complainants contend that Judgment 1663 was not properly executed. According to a general principle, a judgment ordinarily affects only the parties to the suit and applies only to the issues raised in it. The Tribunal has applied that principle in judgments concerning monetary claims by staff members of organisations (see Judgment 1935, [...] under 4 to 6). The complainants were not parties to the proceedings that led to Judgment 1663 and so are not entitled to benefit from it unless they can invoke some special ground."
    The complainants were unable to do so. Therefore the Tribunal found that, "having no locus standi to apply for the execution of Judgment 1663, the complainants cannot plead that the execution of the judgment was formally flawed."

    Reference(s)

    ILOAT Judgment(s): 1663, 1935

    Keywords:

    execution of judgment; flaw; formal flaw; general principle; judgment of the tribunal; locus standi; receivability of the complaint; res judicata; same cause of action; same parties;



  • Judgment 1973


    89th Session, 2000
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The Tribunal has always held that personal promotion constitutes advancement on merit to reward someone for services of a quality higher than that ordinarily expected of the holder of the post. The granting of personal promotion is a discretionary decision which, as firm precedent has it, is subject to only limited review and will stand unless it shows a fatal flaw. In a case such as the present one, in which the general rules regarding personal promotions have been adopted and communicated to the staff, the appointing authority is bound by these rules and the Tribunal will consider any violation of them to be a fatal flaw."

    Keywords:

    breach; case law; discretion; executive head; flaw; judicial review; limits; patere legem; personal promotion; promotion;



  • Judgment 1968


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 17-18

    Extract:

    "In the present case, the President sought, but failed to obtain, the Promotion Board's approval for his proposal to promote Mr C. While the President clearly has a residual discretion not to make promotions which the Board recommends, he may only make promotions in accordance with the Board's recommendations. Since the Board declined to recommend Mr C. for promotion, his promotion was irregular. [...] Furthermore, as the appointing authority, it was clearly inappropriate for the President, having urged the Promotion Board to treat Mr C. as a special case, to then disregard the Board's refusal to recommend the promotion. The decision cannot stand."

    Keywords:

    advisory opinion; discretion; exception; executive head; flaw; promotion; promotion board; refusal;



  • Judgment 1893


    88th Session, 2000
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    By its Judgment 1814 the Tribunal set aside the decision rejecting the complainant's appeal and sent the case back to the organization. The Tribunal considers that "Judgment 1814 did not imply that his case succeeded on the merits; its sole objective was to send the case back to [the organization]'s competent bodies so that a lawful decision could be taken."

    Reference(s)

    ILOAT Judgment(s): 1814

    Keywords:

    case sent back to organisation; decision; decision quashed; due process; flaw; internal appeal; judgment of the tribunal; organisation's duties; purport; remand;



  • Judgment 1892


    88th Session, 2000
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    By its Judgment 1814 the Tribunal set aside the decision rejecting the complainant's appeal and sent the case back to the organisation. The Tribunal considers that "it was appropriate to resume the procedure by referring the matter back to the Joint Committee for Disputes because it was the unlawful nature of the latter's opinion that led to the quashing of the decision. However, proper execution of the judgment did not necessarily imply recognition that the complainant's appeal was sound: all that was required was a new decision taken after due process."

    Reference(s)

    ILOAT Judgment(s): 1814

    Keywords:

    application for execution; case sent back to organisation; decision; decision quashed; due process; execution of judgment; flaw; internal appeal; internal appeals body; judgment of the tribunal; organisation's duties; purport; remand; report;



  • Judgment 1881


    87th Session, 1999
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 20-21

    Extract:

    "The organization argues that the supervisor's unflattering comments to the Reports Board concerning the complainant 'had nothing to do with the quality of his work during the period being reviewed by the Board'. Even if it were true, the submission is beside the point. Prejudicial comments made to a body advising the decision-maker by one of the parties to a dispute are often irrelevant to the actual substance of the dispute. They are nonetheless prejudicial. If such comments are made, an opportunity must be given to the other party to respond to them. By failing to do this the Reports Board breached its duty of fairness. The report of the Reports Board being vitiated, the decision of the Director-General which is based upon such report cannot stand and must be quashed."

    Keywords:

    adversarial proceedings; bias; equity; flaw; injury; performance report; period; procedural flaw; supervisor; work appraisal;



  • Judgment 1878


    87th Session, 1999
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 31

    Extract:

    "It is not acceptable that the organization, in defending this complaint, disclaims all responsibility for any alleged shortcomings of the Appeals Board."

    Keywords:

    flaw; internal appeal; internal appeals body; liability; organisation's duties; procedural flaw; procedure before the tribunal; reply;



  • Judgment 1789


    86th Session, 1999
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "[The Organisation] rejected [the complainant's application] on the grounds that he was overqualified [for the job put up for competition]. Such grounds are wrong in law. Yet they are the only ones on which the [organisation] rejected the complainant, purporting to act under R II 1.03 [of the Staff Regulations]. It thereby denied the complainant his right to apply and to have his application properly considered. There was breach of equal treatment."

    Reference(s)

    Organization rules reference: ARTICLE R II 1.03 OF THE STAFF REGULATIONS

    Keywords:

    breach; candidate; competition; criteria; discretion; equal treatment; flaw; grounds; procedure before the tribunal; right; staff regulations and rules;



  • Judgment 1787


    86th Session, 1999
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10-11

    Extract:

    "The qualifications expected may be just 'desirable', not requirements binding in law. But the appointing authority is not free on that account [...] to disregard the fact that some do qualify and to plump for the very one who does not, even one who in other respects has the right experience and skills. [...] Here the Organization picked someone wanting in listed qualifications which, though said to be only 'desirable', were in fact essential. It thereby fell short of the standards of objectiveness and openness that must govern appointment to a senior post in an international organisation. The process of selection cannot stand [...]" (See Judgment 1595, under 10.)

    Reference(s)

    ILOAT Judgment(s): 1595

    Keywords:

    appointment; candidate; competition; competition cancelled; condition; criteria; discretion; flaw; post; post description; procedure before the tribunal; professional experience; qualifications; vacancy notice;



  • Judgment 1779


    85th Session, 1998
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The Tribunal will review the [restructuring] process insofar as it may involve personal prejudice, abuse of authority or similar defects. But it is not for the Tribunal to decide what a normal procedure' for restructuring might be."

    Keywords:

    abuse of power; bias; discretion; flaw; judicial review; limits; misuse of authority; reorganisation;



  • Judgment 1730


    84th Session, 1998
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "Like any other organisation in the United Nations system, the FAO has a duty to ensure that its staff attain the highest standards of efficiency and technical competence. The arrangements made with the Chinese government up to 1992 prevented the Organization from exercising its own discretion about the level of competence of Chinese recruits. The fact that the arrangements have ceased is to be welcomed and any surviving anomalies should be corrected, not perpetuated."

    Keywords:

    appointment; discretion; flaw; independence; organisation; procedure before the tribunal;



  • Judgment 1713


    84th Session, 1998
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "In choosing figures of local pay for the purpose of applying Flemming there can be no single hard-and-fast approach. As was held in Judgment 1265, the [ICSC] must be allowed some discretion over method, even though the Tribunal will still review the exercise of it. The decision impugned may not stand if, say, it overlooks or misconstrues some particular factor, or if some method is applied for the wilful contrivance of lower figures of local pay, or if corners are cut for the sake of saving time, but to the detriment of staff interests."

    Reference(s)

    ILOAT Judgment(s): 1265

    Keywords:

    abuse of power; discretion; disregard of essential fact; flaw; flemming principle; icsc decision; judicial review; mistake of fact; mistaken conclusion; misuse of authority; salary;



  • Judgment 1700


    84th Session, 1998
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 27

    Extract:

    Discretion to determine whether there are exceptional circumstances to warrant waver of the time limits for internal appeal is vested in the Joint Appeals Board. "It is the Board's decision which is relevant, and the question does not arise of substituting the Tribunal's opinion for the Board's. Only if there is some fatal flaw in the Board's decision may the Tribunal intervene."

    Keywords:

    decision; exception; flaw; internal appeal; internal appeals body; judicial review; limits; report; time limit;



  • Judgment 1634


    83rd Session, 1997
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "If the Director-General had really intended to employ the complainant as a supernumerary he ought to have given him a contract which complied with the Staff Rules and Regulations. He did not. The contract was therefore not one for supernumerary employment even though that was the label it bore."

    Keywords:

    contract; flaw; intention of parties; offer; organisation's duties; staff regulations and rules;



  • Judgment 1595


    82nd Session, 1997
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "Though the qualifications stated in a notice of vacancy are not absolutely binding and the Director General may still exercise some discretion, he may not so utterly discard them as to flout the rules that ensure the proper openness and objectivity of the competition."

    Keywords:

    appointment; competition; criteria; discretion; executive head; flaw; limits; vacancy notice;

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Last updated: 07.03.2024 ^ top