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Consequence (591,-666)

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Keywords: Consequence
Total judgments found: 222

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  • Judgment 3295


    116th Session, 2014
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complaint concerning a disciplinary measure was dismissed by the Tribunal on the grounds that he had not demonstrated the existence of an error warranting the cancellation of the sanction.

    Consideration 7

    Extract:

    "It is true that an organisation should investigate allegations of misconduct in a timely manner both in the interests of the person being investigated and the organisation. These interests include, among other things, safeguarding the reputations of both parties and ensuring that evidence is not lost."

    Keywords:

    consequence; delay; duty of care; evidence; inquiry; investigation; misconduct; organisation's duties;



  • Judgment 3158


    114th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges the lawfulness of the decision not to reimburse the pharmaceutical products prescribed by his doctor.

    Consideration 4

    Extract:

    "[T]he complainant only became aware of the substitution of one of the members of the Internal Appeals Committee (which occurred after the hearings) when he received a copy of the Internal Appeals Committee’s opinion. For the sake of transparency and due process, the complainant should have been informed at the time of the substitution so that he could exercise his right to contest the composition. The fact that the alternate member voted in the complainant’s favour does not redeem that flaw. Moreover, the alternate member did not attend and participate in the hearing, whereas his participation could have changed or influenced the Internal Appeals Committee’s final opinion."

    Keywords:

    advisory body; composition of the internal appeals body; consequence; due process; duty to inform; flaw; internal appeal; internal appeals body; organisation's duties; procedural flaw; right to reply;



  • Judgment 3157


    114th Session, 2013
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges the lawfulness of the selection process for a post for which he had unsuccessfully applied.

    Considerations 9 and 11

    Extract:

    "[H]aving regard to the submissions [...], the Tribunal notes that the complainant was excluded from the technical evaluation on the grounds that he did not possess all the required qualifications, but that the [three] candidates shortlisted [...] did not possess them either. [...] [T]he complainant received unequal treatment when the shortlist was established. As the selection process is tainted with a flaw, the impugned decision must be set aside and the disputed appointment must be cancelled [...]. The Organization must shield the successful candidate from any injury that might result from the cancellation of his appointment, which he accepted in good faith."

    Keywords:

    appointment; breach; candidate; competition; competition cancelled; consequence; criteria; degree; equal treatment; good faith; grounds; internal competition; lack of injury; organisation's duties; procedural flaw;



  • Judgment 3152


    114th Session, 2013
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant applies for execution of Judgments 2867 and 3003.

    Consideration 11

    Extract:

    The Tribunal recalls that, "according to the provisions of Article VI of its Statute, its judgments are “final and without appeal”, and they are therefore “immediately operative”, as its earliest case law established (see, in particular, Judgment 82, under 6). The Tribunal subsequently noted that the principle that its judgments are immediately operative is also a corollary of their res judicata authority [...]. For this reason, international organisations which have recognised the Tribunal’s jurisdiction are bound to take whatever action a judgment may require (see [...] Judgments 553 and 1328, or Judgment 1338, under 11). Lastly, there is no provision in the Statute or the Rules of the Tribunal stipulating that, notwithstanding these principles, the submission of an application for an advisory opinion to the International Court of Justice under [...] Article XII has the effect of staying the execution of the impugned judgment pending the rendering of that opinion."

    Reference(s)

    ILOAT reference: Articles VI and XII of the Statute
    ILOAT Judgment(s): 82, 553, 1328, 1338

    Keywords:

    advisory opinion of icj; application for execution; competence of tribunal; consequence; decision; declaration of recognition; exception; execution of judgment; finality of judgment; icj; iloat statute; judgment of the tribunal; no provision; organisation's duties; request by a party; res judicata; suspensory effects;



  • Judgment 3126


    113th Session, 2012
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "The rule against double jeopardy does not prevent disciplinary and non-disciplinary consequences attaching to the same acts or events. However, it does preclude the imposition of further disciplinary measures for acts or omissions that have already attracted a disciplinary sanction."

    Keywords:

    cause; consequence; definition; disciplinary measure; double jeopardy; individual decision; organisation's duties;



  • Judgment 3107


    113th Session, 2012
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "As stated in Judgment 1306, consideration 6, "[w]hen a decision is quashed, it is deemed never to have been taken". Accordingly, any subsequent or consequential decision based entirely on a decision that has been set aside necessarily lacks legal foundation and is a nullity."

    Reference(s)

    ILOAT Judgment(s): 1306

    Keywords:

    consequence; cumulative decisions; decision quashed;



  • Judgment 3102


    112th Session, 2012
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "[E]ven if a staff member may claim no right to promotion, promotion procedures must be conducted with due diligence and as swiftly as the normal workings of an administration permit. There is nothing to justify delaying for years a promotion which the staff member may legitimately expect and which naturally has a direct impact on his or her career prospects, unless this delay may be attributed to a fault on the part of the person concerned during the procedure (see Judgment 2706, under 11 and 12)."

    Reference(s)

    ILOAT Judgment(s): 2706

    Keywords:

    administrative delay; career; consequence; delay; duty of care; exception; misconduct; official; procedure before the tribunal; promotion; right;



  • Judgment 3065


    112th Session, 2012
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7-8

    Extract:

    The Tribunal notes that the evidence does not show that the complainant could have attended the witnesses' interviews, or that she was offered an opportunity to comment on their testimony, in order to have certain items of information rectified where necessary, or to have it put on record that she disagreed with witnesses. The Tribunal considers that even if, in the instant case, the investigator could not invite the complainant to attend all the interviews, she ought to have been allowed to see the testimony in order that she might challenge it, if necessary, by furnishing evidence. Since this was not the case, the Tribunal finds that the adversarial principle was not respected. It follows from the foregoing [...] that the [impugned] decision [...], which thus rested on a flawed investigation report, must be set aside.

    Keywords:

    adversarial proceedings; breach; consequence; duty to inform; elements; evidence; flaw; harassment; inquiry; investigation; mistake of fact; oral proceedings; organisation's duties; procedural flaw; report; right to be heard; testimony;



  • Judgment 3064


    112th Session, 2012
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "[I]n its report [...], the Joint Advisory Appeals Board "encourage[d] [the Human Resources Development Department] and the responsible chiefs of the complainant and of her head of section to pursue and step up their efforts to promote better communication and working relations" within the [complainant's unit] and [...] the letter of 18 March 2008 indicated that the Director-General had "endorse[d] this recommendation". The Administration was therefore under an obligation to pursue and step up the efforts in question. However, the evidence on file does not show that the Administration used all the means at the disposal of an organisation such as the ILO to achieve the desired result. The fact that the complainant chose to lodge an appeal in order to seek recognition of her rights did not exempt the Organization from its obligations towards one of its officials to whom it owed a duty of care and who has not been found to have committed any fault."

    Keywords:

    acceptance; consequence; duty of care; executive head; internal appeals body; misconduct; organisation's duties; purpose; recommendation; report; right; right of appeal; working relations;



  • Judgment 3039


    111th Session, 2011
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "[A]s the Tribunal stated in Judgment 2064, under 5, performance reports continue to be useful even if deadlines have not been respected, and failure to meet a deadline cannot on its own be a reason for setting aside reports. However, depending on the case, the effect that the delay has on the report's content will be taken into account."

    Reference(s)

    ILOAT Judgment(s): 2064

    Keywords:

    breach; condition; consequence; delay; judicial review; performance report; time limit;



  • Judgment 3032


    111th Session, 2011
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    "[W]hen an international organisation wants to fill a post by competition, it must comply with the material rules and the general precepts of the case law (see, for example, Judgment 2163 [...], under 3)."

    Reference(s)

    ILOAT Judgment(s): 2163

    Keywords:

    appointment; case law; competition; consequence; decision; due process; general principle; organisation's duties; provision; staff regulations and rules; written rule;



  • Judgment 3013


    111th Session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The obligation to pay compound interest is always an exception. According to the Tribunal's case law, such an obligation must arise from the operative part of its judgments. In this case, to quote the language of consideration 4 of Judgment 802, "if the Tribunal had meant compound interest, [...] it would have used words to that effect"."

    Reference(s)

    ILOAT Judgment(s): 802

    Keywords:

    application for execution; case law; consequence; exception; interest on damages; judgment of the tribunal; organisation's duties; payment;



  • 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 2986


    110th Session, 2011
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 26

    Extract:

    "While the terms of a contract and some decisions will in principle give rise to acquired rights, this is not necessarily true of [the] provisions [of the Staff Regulations and Rules]."

    Keywords:

    acquired right; consequence; contract; decision; difference; effect; general principle; provision; staff regulations and rules;



  • Judgment 2985


    110th Session, 2011
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 28

    Extract:

    "The interveners [...] are [...] in a similar legal situation to that of the complainant. They must therefore be granted the benefit of the rights recognised by this judgment."

    Keywords:

    complainant; consequence; intervention; judgment of the tribunal; right;

    Consideration 29

    Extract:

    "The complainant has requested that the order to Eurocontrol to recalculate the pensionable years credited to him be accompanied by a penalty for default. In the absence of any grounds for doubting that the Agency will execute this judgment in good faith and with diligence, as is its duty since it has recognised the Tribunal's jurisdiction, there is no reason to order such a penalty."

    Keywords:

    claim; consequence; declaration of recognition; execution of judgment; good faith; judgment of the tribunal; lack of evidence; organisation's duties; refusal; request by a party;



  • Judgment 2940


    109th Session, 2010
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3(b)

    Extract:

    "In accordance with the right to due process, which calls for transparent procedures, a staff member is entitled to be apprised of all items of information material to the outcome of his or her claims. The composition of an advisory body is one such item, since the identity of its members might have a bearing on the reasoning behind and credibility of the body's recommendation or opinion. The staff member is therefore at least entitled to comment on its composition (see Judgment 2767, under 7(a))."

    Reference(s)

    ILOAT Judgment(s): 2767

    Keywords:

    advisory body; advisory opinion; composition of the internal appeals body; consequence; due process; duty to inform; effect; elements; equity; general principle; grounds; recommendation; right; right to reply; settlement out of court;



  • Judgment 2938


    109th Session, 2010
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Tribunal has determined that a staff member on leave on personal grounds is ipso facto no longer performing the duties of his former post and that, although during this leave he continues to be an official, the rights arising from the performance of his duties - remuneration, promotion, guarantee of employment, etc. - are suspended until he is reinstated. In the interests of the service the Agency may therefore use the vacant post (see Judgment 416, under 2). At the end of leave on personal grounds the employer nonetheless has a duty to reinstate the official provided that the two cumulative conditions laid down by [...] Article 40 [of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre] are met: firstly, there must be a vacant post and, secondly, the staff member must be qualified for it (see Judgment 2034, under 11). This duty must be fulfilled promptly and with due regard for the dignity of the staff member concerned and the principle of good faith."

    Reference(s)

    Organization rules reference: Article 40 of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre
    ILOAT Judgment(s): 416, 2034

    Keywords:

    accumulation; assignment; compassionate leave; condition; consequence; general principle; good faith; organisation's duties; organisation's interest; period; post held by the complainant; promotion; qualifications; reinstatement; respect for dignity; right; safeguard; salary; security of tenure; special leave; staff regulations and rules; status of complainant; vacancy;



  • Judgment 2907


    108th Session, 2010
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "According to the Tribunal's case law, international organisations may undertake restructuring by reducing or reassigning their staff, even for the sole purpose of making budgetary savings (see, for example, Judgment 2156, under 8). However, each and every individual decision adopted in the context of such restructuring must respect all the pertinent legal rules and in particular the fundamental rights of the staff concerned."

    Reference(s)

    ILOAT Judgment(s): 2156

    Keywords:

    budgetary reasons; case law; consequence; due process; implied decision; official; organisation; organisation's duties; reassignment; reorganisation; right; staff reduction; written rule;



  • Judgment 2906


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

    Consideration 13

    Extract:

    "Although [...] the decision [to promote the complaintant to grade A5] did not create any rights because it stemmed from a factual error, it could be reversed only on certain conditions dictated by the principle of good faith. This principle requires, firstly, that the power to reverse a decision resting on a factual error must be exercised as soon as the competent authority notices the error in question and not at a later date chosen at its own convenience. Secondly, this principle requires that if the person concerned by a decision resting on a factual error has not contributed to this error, he or she must not suffer any unfavourable consequences from the application of the decision in question during the period before it was reversed. In particular, it is thus essential that any remuneration received by the official concerned on the basis of this decision should not give rise to reimbursement or any other form of restitution."

    Keywords:

    condition; consequence; decision; good faith; individual decision; mistake of fact; promotion; right; staff member's interest;



  • Judgment 2899


    108th Session, 2010
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "[T]he Tribunal's case law has it that an international organisation which has mistakenly overpaid an official must take into account any circumstances which would make it unfair or unjust to require repayment of the sum in question - at least the full amount thereof. Relevant circumstances include the good or bad faith of the staff member, the sort of mistake made, the respective responsibilities of the organisation and the person concerned for the causes of the mistake and the inconvenience to which the staff member would be put by repayment that is required as a result of the organisation's oversight (see Judgments 1111, under 2, and 1849, under 16 and 18)."

    Reference(s)

    ILOAT Judgment(s): 1111, 1849

    Keywords:

    case law; cause; condition; consequence; equity; good faith; liability; mistake of fact; official; organisation; organisation's duties; recovery of overpayment; refund; request by a party;

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Last updated: 23.09.2021 ^ top