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Legal brief (737,-666)

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Keywords: Legal brief
Total judgments found: 15

  • Judgment 4273


    130th Session, 2020
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge their classification in the new career structure established following the 2015 five-yearly review.

    Consideration 5

    Extract:

    The Tribunal notes that these arguments, which do not appear to have been raised in the internal appeal proceedings, are, for the most part, set out in the section of the written submissions presenting the facts of the case. It is not therefore clear whether the complainants wish to raise them as pleas challenging the lawfulness of the general decision of the Council of CERN [...].

    Keywords:

    claim; complaint; legal brief;



  • Judgment 4181


    128th Session, 2019
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the failure by the ICC to complete his performance appraisal in conformity with the applicable statutory provisions.

    Consideration 4

    Extract:

    The complainant asks the Tribunal to refer to and consider the submissions he made in his second complaint and to grant the remedies he sought therein. The Tribunal will not grant these remedies. It has stated on a number of occasions that it is inappropriate to effectively incorporate by reference into the pleas before it the arguments, contentions and pleas found in other documents, often a document created for the purposes of internal review and appeal (see, for example, Judgment 3920, under 5). This case law also applies in situations where a complainant refers to documents filed in other proceedings before the Tribunal.

    Reference(s)

    ILOAT Judgment(s): 3920

    Keywords:

    legal brief;



  • Judgment 4097


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decisions to end her participation in the reassignment process and to terminate her fixed-term appointment further to the abolition of her post.

    Consideration 2

    Extract:

    [T]he Tribunal will only have regard to the pleas contained in the complainantís brief and rejoinder to the Tribunal and will disregard any pleas incorporated by reference to documents created for the purposes of internal review and appeal (see, for example, Judgment 3951, consideration 6).

    Reference(s)

    ILOAT Judgment(s): 3951

    Keywords:

    complaint; legal brief;



  • Judgment 4032


    126th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to accept for consideration on the merits her compensation claim for service-incurred injury.

    Consideration 5

    Extract:

    In her pleadings the complainant did not contest any of the HBAís findings of fact or law, or any of its conclusions based on those findings. In fact, in relation to the HBAís report, except for two unfounded allegations of minor factual errors footnoted in the brief and another also unfounded allegation in the body of the brief, there is no discussion of the content of the report in the pleadings. In her complaint, the complainant reiterates the submissions made in the internal appeal and, in effect, seeks a de novo consideration by the Tribunal of the merits. However, this is not the Tribunalís role. The Tribunalís role is to determine whether the decision impugned in the complaint involves a reviewable error.

    Keywords:

    legal brief;



  • Judgment 4015


    126th Session, 2018
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to award him damages for the alleged leaking of confidential information concerning him.

    Consideration 6

    Extract:

    [I]n his brief, the complainant attempted to incorporate by reference his pleading in the internal appeal process. The Tribunal has on many occasions stated that it is not acceptable to incorporate by reference into the pleadings before the Tribunal arguments, contentions and pleas contained in documents created for the purposes of internal review and appeal (see Judgment 3920, under 5, and judgments cited therein). Accordingly the Tribunal did not have regard to those documents.

    Reference(s)

    ILOAT Judgment(s): 3920

    Keywords:

    legal brief;



  • Judgment 4014


    126th Session, 2018
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to investigate his harassment complaint by an external investigator and not by an investigation panel provided for in the applicable rules.

    Consideration 7

    Extract:

    [I]n his brief, the complainant attempted to incorporate by reference his pleading in the internal appeal process. The Tribunal has on many occasions stated that it is not acceptable to incorporate by reference into the pleadings before the Tribunal arguments, contentions and pleas found in documents created for the purposes of internal review and appeal (see Judgment 3920, under 5, and judgments cited therein). Accordingly the Tribunal did not have regard to those documents.

    Reference(s)

    ILOAT Judgment(s): 3920

    Keywords:

    legal brief;



  • Judgment 4013


    126th Session, 2018
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to investigate his harassment complaint in accordance with the applicable rules.

    Consideration 14

    Extract:

    [I]n his brief, the complainant attempted to incorporate by reference his pleading in the internal appeal process. The Tribunal has on many occasions stated that it is not acceptable to incorporate by reference into the pleadings before the Tribunal arguments, contentions and pleas found in documents created for the purposes of internal review and appeal (see Judgment 3920, under 5, and judgments cited therein). Accordingly the Tribunal did not have regard to those documents.

    Reference(s)

    ILOAT Judgment(s): 3920

    Keywords:

    legal brief;



  • Judgment 4012


    126th Session, 2018
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to grant him compensation for the harm allegedly caused to him by the fact that emails that he considers to be defamatory were stored in a folder accessible to all users of the FAOís IT network.

    Consideration 4

    Extract:

    In his brief, the complainant attempted to incorporate by reference his pleading in the internal appeal process. The Tribunal has on many occasions stated that it is not acceptable to incorporate by reference into the pleadings before the Tribunal arguments, contentions and pleas contained in documents created for the purposes of internal review and appeal (see Judgment 3920, under 5, and judgments cited therein). Accordingly the Tribunal did not have regard to those documents.

    Reference(s)

    ILOAT Judgment(s): 3920

    Keywords:

    legal brief;



  • Judgment 3951


    125th Session, 2018
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reject her claims for compensation for service-incurred injury or illness.

    Consideration 6

    Extract:

    The Tribunal has stated on a number of occasions and recently with increasing frequency that it is inappropriate to effectively incorporate by reference into the pleas in the Tribunal, arguments, contentions and pleas found in other documents, often a document created for the purposes of internal review and appeal (see, for example, Judgments 3692, consideration 4, and 3434, consideration 5). In this matter, the Tribunal will only have regard to pleas in the complainantís brief and rejoinder and will disregard any additional, supplementary or other pleas in documents annexed to the brief or rejoinder.

    Reference(s)

    ILOAT Judgment(s): 3434, 3692

    Keywords:

    legal brief;



  • Judgment 3935


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant accuses his former supervisor of moral harassment.

    Consideration 3

    Extract:

    UNESCO submits that the complaint is irreceivable on the grounds of its lack of intelligibility. [...] The Tribunal agrees with the Organization that both the structure and the drafting of the complainantís submissions might have been clearer. However, the complaint is sufficiently intelligible to enable the other party to identify its essential purpose and the main pleas on which the complainant relies. The content of UNESCOís reply demonstrates, moreover, that it was able to understand fully the complainantís claims and pleas.
    Following the practice it has developed through its case law dealing with this issue, the Tribunal will hence dismiss this objection to receivability (see, for example, Judgments 3298, under 16, or 3616, under 1).

    Reference(s)

    ILOAT Judgment(s): 3298, 3616

    Keywords:

    formal requirements; legal brief; receivability of the complaint;



  • Judgment 3921


    125th Session, 2018
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges modifications to the grading and salary structure.

    Consideration 3

    Extract:

    The Tribunal has stated on a number of occasions and recently with increasing frequency that it is inappropriate to effectively incorporate by reference into the pleas in the Tribunal, arguments, contentions and pleas found in other documents, often a document created for the purposes of internal review and appeal (see, for example, Judgment 3692, consideration 4). In this matter, the Tribunal will only have regard to arguments in the complainantís brief and rejoinder and will disregard any additional or other arguments in the Request for Resolution.

    Reference(s)

    ILOAT Judgment(s): 3692

    Keywords:

    legal brief;



  • Judgment 3858


    124th Session, 2017
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her appointment.

    Consideration 7

    Extract:

    The complainantís arguments in her brief are detailed though discursive. They traverse some matters which are beyond the competence of the Tribunal which include, in particular, arguments in support of her request that the Tribunal make an order and recommend investigations into the conduct of certain individuals said to have engaged in corrupt conduct. However the Tribunal has endeavoured to glean, from the complainantís pleas, her arguments that are relevant to the question of whether the impugned decision was tainted by error that might warrant orders of the Tribunal in the complainantís favour.

    Keywords:

    legal brief;



  • Judgment 3851


    124th Session, 2017
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who held a fellowship contract at EMBL, challenges the rejection of his request to be paid unemployment benefits following his separation from the organization.

    Consideration 6

    Extract:

    While it appears that the complainant was less than forthcoming in some instances in his pleadings, in the circumstances, the EMBLís request for costs will not be granted.

    Keywords:

    counterclaim; legal brief;



  • Judgment 3842


    124th Session, 2017
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her 2007 performance appraisal report.

    Consideration 4

    Extract:

    The grounds on which the complainant seeks to impugn the decision [...] are obscured by the fact that she incorporates by reference, and relies on, the pleas advanced in her second complaint. This is not an acceptable way to articulate arguments advanced in subsequent proceedings (see, for example, Judgments 3692, consideration 4, and 3434, consideration 5).

    Reference(s)

    ILOAT Judgment(s): 3434, 3692

    Keywords:

    legal brief;



  • Judgment 3831


    124th Session, 2017
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss her allegations of harassment.

    Consideration 30

    Extract:

    [T]he Tribunal recognizes that while it should not happen, an erroneous statement in a pleading may occur due to inadvertence. However, inadvertence cannot account for the complainantís multiple mischaracterizations of events and statements in reports in her pleadings. Additionally, the expression of overt hostility is disrespectful and has no place in pleadings.

    Keywords:

    legal brief;


 
Last updated: 23.10.2020 ^ top