ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword

Discrimination (663,-666)

You searched for:
Keywords: Discrimination
Total judgments found: 11

  • Judgment 4370


    131st Session, 2021
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to retire him at the end of the month in which he reached the age of 62, even though he had not completed the five years of contributions required for the payment of a retirement pension by the United Nations Joint Staff Pension Fund.

    Consideration 12

    Extract:

    [I]nsofar as the impugned decision merely applies the normal rule of mandatory retirement for staff members who have reached the age limit, it cannot be considered that such a decision involves a misuse of authority or that it constitutes a measure which discriminates against the complainant.

    Keywords:

    abuse of power; discrimination; misuse of authority; retirement age;



  • 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.

    Judgment keywords

    Keywords:

    complaint dismissed; discrimination; public holiday;

    Consideration 15

    Extract:

    Regarding the alleged indirect discrimination against women, who are more likely to work part-time than men, the IAC minority took into consideration the judgment rendered by the European Court of Justice (ECJ) on 6 December 2007 in case C-300/06, to contend that the change introduced by Circular No. 309 had resulted in indirect discrimination. Regardless of other considerations, the case examined by the ECJ is different from the present case. According to ECJ case law, the principle of equal pay also excludes the application of provisions which maintain different treatment between men and women at work as a result of criteria not based on sex where those differences of treatment are not attributable to objective factors wholly unrelated to sex discrimination. In this case, the alleged indirect discrimination against women is not established, as the difference of treatment had been determined by objective factors, involving financial gains and administrative benefits, wholly unrelated to any kind of discrimination.

    Keywords:

    discrimination; discrimination against women; equal pay for equal work; european court of justice (ecj); part-time employment;



  • Judgment 4250


    129th Session, 2020
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision not to grant him the requested paid parental leave upon the birth of his child by surrogacy.

    Consideration 3

    Extract:

    The Tribunal observes that the complainant is basically advocating for a change in the rules and does not make any specific claim in that respect. Accordingly these statements, which are of a general nature serve unclear purposes, and the Tribunal cannot address them.

    Keywords:

    change of rules; competence of tribunal; discrimination;



  • Judgment 4238


    129th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to reclassify his post.

    Consideration 5

    Extract:

    The Tribunal’s case law states that allegations of discrimination and unequal treatment can lead to redress on condition that they are based on precise and proven facts which establish that discrimination has occurred in the subject case (see Judgment 4067, consideration 10).

    Reference(s)

    ILOAT Judgment(s): 4067

    Keywords:

    discrimination;



  • Judgment 4195


    128th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to modify the conditions governing sickness insurance for employees’ spouses.

    Consideration 10

    Extract:

    The complainants contend that the breach of their acquired rights also amounts to discrimination, but the Tribunal finds, as it did in a similar case, that the Organisation “has not discriminated against them: far from it. Its purpose was to remove an unfair advantage the Rules used to confer on them. Such corrective action may not be treated as breach of acquired rights even if the advantage was enjoyed for a long time” (see Judgment 1241, under 24).

    Reference(s)

    ILOAT Judgment(s): 1241

    Keywords:

    acquired right; discrimination;



  • Judgment 4101


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who alleges that he was subjected to moral harassment, challenges the refusal to extend his special leave without pay and to grant him certain accommodations with regard to his working arrangements.

    Consideration 9

    Extract:

    According to the Tribunal’s case law, the decision to grant special leave must be taken on a case-by-case basis. It is not possible to assume that, because special leave has been granted to one staff member, it must be granted to another, unless the two cases are identical in fact and in law. Discrimination cannot be established unless it is proved that staff members in identical situations were treated differently (see Judgment 2619, consideration 6).

    Reference(s)

    ILOAT Judgment(s): 2619

    Keywords:

    discretion; discrimination; equal treatment; special leave;



  • Judgment 4073


    127th Session, 2019
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the reduction of the rate of the expatriate premium paid to her.

    Consideration 11

    Extract:

    [The complainant has not] provided evidence which proves that the reduction in the expatriate premiums she received from 1 January 2015 onwards created discrimination or inequality between herself and other Global Fund staff, as she contends, in circumstances in which she was in a like situation to other staff members but was treated differently (see Judgment 3298, under 21).

    Reference(s)

    ILOAT Judgment(s): 3298

    Keywords:

    discrimination; equal treatment;



  • Judgment 4067


    127th Session, 2019
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision not to extend his contract.

    Consideration 10

    Extract:

    The third argument is that the decision concerning the complainant involved discrimination and unequal treatment. This principle is engaged and can be taken into consideration by the Tribunal and, if need be, give rise to redress on condition that it is based on precise and proven facts which establish the discrimination has occurred (as to its operation in the context of the OPCW, see Judgment 2660, consideration 24, and also, more generally, Judgment 4027, consideration 12).

    Reference(s)

    ILOAT Judgment(s): 2660, 4027

    Keywords:

    discrimination; equal treatment;



  • Judgment 3914


    125th Session, 2018
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to renew his project-based fixed-term contract.

    Consideration 7

    Extract:

    The Tribunal notes that, notwithstanding that the burden to prove discrimination and bias rests with the complainant, the WTO provides evidence which shows that the contracts of other Rules Division staff members which were project-based were not renewed when they expired [...]. The WTO states that they were not renewed because, as in the case of the complainant, the projects to which the contract holders were assigned had come to an end and in a few cases contracts were extended to facilitate work on ongoing projects or for compassionate reasons.

    Keywords:

    burden of proof; discrimination;



  • Judgment 3414


    119th Session, 2015
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant unsuccessfully challenges the decision to remove his name from an e-mail distribution list on the ground that he had been released from his regular duties to work as President of the Staff Council.

    Consideration 7

    Extract:

    "[T]he complainant bears the burden of proving that the right has been violated or that he had been discriminated against by the IAEA. In so far as an elected representative alleges breach of the right to freedom of association, it is incumbent on the complainant to prove the breach (see Judgment 2585, consideration 11)."

    Reference(s)

    ILOAT Judgment(s): 2585

    Keywords:

    burden of proof; discrimination;



  • Judgment 3233


    115th Session, 2013
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contends that she was the victim of discrimination and harassment.

    Judgment keywords

    Keywords:

    complaint dismissed; discrimination; harassment;


 
Last updated: 15.09.2021 ^ top