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Review of administrative decision (683,-666)

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Keywords: Review of administrative decision
Total judgments found: 2

  • Judgment 3861


    124th Session, 2017
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the refusal to grant her flexible working arrangements during the breastfeeding period.

    Consideration 5

    Extract:

    The Tribunal points out that the term “decision” means an act by an officer of an organisation which has a legal effect (see, for example, Judgments 532, under 3, and 3141, under 21). Having examined the two aforementioned emails, one containing a suggestion to the complainant and the other informing her of guidelines applicable within the ICC, it is obvious that they do not constitute administrative decisions. Moreover, in Judgment 2644, under 8, the Tribunal explained that “[t]here are occasions when a staff member may treat a communication or other action [...] as embodying a decision with respect to his or her entitlements (see Judgment 2629 [...]).However, where, [...] there is no indication that the communication in question constitutes a final decision, there are and may be circumstances that lead a staff member to reasonably conclude that it does not. Particularly is that so if, [...] it concerns a matter that has not been the subject of an express claim or there is nothing to suggest that the matter in question has been considered by a person with authority to make a final decision thereon.”

    Reference(s)

    ILOAT Judgment(s): 532, 2629, 2644, 3141

    Keywords:

    administrative decision; decision; definition; receivability of the complaint; review of administrative decision;



  • Judgment 3693


    122nd Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the EPO’s implied rejection of his internal appeals against the decision not to grant him the expatriation allowance retroactively and the decision to cease paying him the allowance.

    Consideration 21

    Extract:

    The Tribunal considers that inasmuch as a review of a decision that was favourable to the complainant was being conducted, ordinary principles of procedural fairness required that he should have been notified of it and given an opportunity to explain why it should not have been reversed.

    Keywords:

    review of administrative decision;


 
Last updated: 23.09.2021 ^ top