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Formal requirements (78, 947,-666)

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Keywords: Formal requirements
Total judgments found: 103

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  • Judgment 4796


    137th Session, 2024
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to deduct from the amount of the education allowance paid in respect of his child the remuneration received by the latter during an internship.

    Consideration 16

    Extract:

    [A]lthough the complainant seeks the award of “any other relief which the Tribunal considers just and equitable”, a claim worded in this way is, in any event, too vague to be regarded as receivable (see, for example, Judgments 4719, consideration 7, 4602, consideration 8, and 550, consideration 10).

    Reference(s)

    ILOAT Judgment(s): 550, 4602, 4719

    Keywords:

    claim; formal requirements;



  • Judgment 4768


    137th Session, 2024
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns what he refers to as decisions concerning Eurocontrol Agency’s reorganisation and his transfer following that reorganisation.

    Consideration 8

    Extract:

    In respect of the complainant’s submission in [...] his rejoinder that compliance by Eurocontrol with its obligations “should take the form of the assignment of the post [in question]”, it must be noted that this request is not one of the claims formally set out by the complainant in his submissions.

    Keywords:

    claim; formal requirements;

    Consideration 16

    Extract:

    The Tribunal finds that, as the complainant argues in his submissions, the delay of 23 months in reaching a decision on his internal complaint was clearly excessive and it was particularly unreasonable that the Director General did not take a decision until more than 10 months after the Joint Committee for Disputes had issued its opinion. As the complainant has not submitted any claim for damages under this head, no specific order will be made. However, the Tribunal wishes to point out to Eurocontrol that such a delay, which it does not convincingly justify in its submissions, is unacceptable.

    Keywords:

    claim; delay in internal procedure; formal requirements;



  • Judgment 4719


    136th Session, 2023
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his appraisal report for 2015.

    Consideration 7

    Extract:

    The complainant’s claim [...] to be awarded such other relief as the Tribunal deems just, fair and equitable is too vague to be receivable (see, for example, Judgments 4602, consideration 8, and 550, consideration 10).

    Reference(s)

    ILOAT Judgment(s): 550, 4602

    Keywords:

    claim; formal requirements;



  • Judgment 4715


    136th Session, 2023
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his staff report for 2014.

    Consideration 12

    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 before 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 3920, consideration 5, and the case law cited therein). The Tribunal would be entitled to disregard those contentions and pleas.

    Reference(s)

    ILOAT Judgment(s): 3920

    Keywords:

    complaint; formal requirements;



  • Judgment 4243


    129th Session, 2020
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the dismissal of her complaint of discrimination and harassment.

    Consideration 2

    Extract:

    WIPO challenges the receivability of the complaint on the grounds that it is directed against the Director General’s decision of 19 January 2016 and not against the Assistant Director General’s decision of 15 April 2016, which was the final decision. It is correct that in the complaint form the complainant only mentioned the Director General’s decision of 19 January 2016, but in her written submissions she also seeks the setting aside of the Assistant Director General’s decision of 15 April 2016.
    The challenge to the receivability of the complaint therefore fails.

    Keywords:

    claim; formal requirements; receivability of the complaint;



  • Judgment 4210


    129th Session, 2020
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss as irreceivable his claim for compensation for injury or illness attributable to service.

    Consideration 8

    Extract:

    The fourth argument is that there had been procedural irregularities attending the ABCC’s consideration of his case on 24 May 2017 and 11 December 2017. This is founded on the fact that all members of the ABCC did not sign the minutes of the May and December 2017 meetings. The complainant does not point to any case law or staff rule or regulation that requires all members to sign. Moreover the mere fact that all members did not sign does not even arguably sustain an inference that the decisions actually made were not unanimous (see, for example, Judgments 1763, consideration 13, and 810, consideration 2).

    Reference(s)

    ILOAT Judgment(s): 810, 1763

    Keywords:

    formal flaw; formal requirements; internal appeals body; report; signature;



  • Judgment 4051


    126th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss him for misconduct.

    Consideration 3

    Extract:

    The Tribunal repeats its case law that arguments of fact and law must appear in the complaint itself, supplemented in the rejoinder, if necessary and “that those arguments may not consist of a mere reference to other documents, as that would be contrary to the [Tribunal’s] Rules and would render it difficult for the other party to clearly understand the complainant’s pleas [and that] such references are acceptable only as illustrations” (see, for example, Judgment 3434, under 5).

    Reference(s)

    ILOAT Judgment(s): 3434

    Keywords:

    complaint; formal requirements;



  • Judgment 3947


    125th Session, 2018
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to terminate his fixed-term contract.

    Consideration 9

    Extract:

    [P]aragraph 8 of [Instruction] IN/217 does not mandate notification to be in writing. The notification of the termination decision may have taken any form which informed the complainant of the subject decision (see Judgment 3505, consideration 8, and the judgments cited therein). Having been verbally notified of the termination decision on 1 March 2015, the complainant’s deadline for sending a request for review was 30 April 2015.

    Reference(s)

    ILOAT Judgment(s): 3505

    Keywords:

    decision; formal requirements; judicial review;



  • 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 complainant’s 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 UNESCO’s reply demonstrates, moreover, that it was able to understand fully the complainant’s 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 3920


    125th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her fixed-term appointment pursuant to the abolition of her post.

    Consideration 5

    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 before 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 3842, consideration 4, 3692, consideration 4, and 3434, consideration 5). In this matter, the Tribunal will only have regard to pleas in the complainant’s brief and rejoinder and will disregard any additional, supplementary or other pleas in the Statement of Appeal before the HBA.

    Reference(s)

    ILOAT Judgment(s): 3434, 3692, 3842

    Keywords:

    complaint; formal requirements;



  • Judgment 3432


    119th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant alleges that the EPO breached its duty of care towards him and successfully impugns the decision to award him a compensation which he considers inadequate.

    Consideration 3

    Extract:

    The complainant’s brief (without annexures) in the proceedings before the Tribunal comprises three pages. It is, at times, expressed in inappropriately colourful language. The brief effectively adopts the documented argument of the complainant in the internal appeal (a practice the Tribunal does not approve of) [...].

    Keywords:

    complaint; formal requirements; procedure before the tribunal; submissions;



  • Judgment 3260


    116th Session, 2014
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: After divorce proceedings with serious financial consequences, the complainant challenges the refusal to refer to the General Council of the WTO the issue of compatibility between the judgment of the Swiss Federal Court against him and certain provisions of the Headquarters Agreement and the Pension Plan Regulations.

    Consideration 31

    Extract:

    [T]he Tribunal notes that the disrespectful and overly aggressive language and the personal attacks found in the rejoinder have no place in pleadings before the Tribunal.

    Keywords:

    formal requirements; submissions;



  • Judgment 3225


    115th Session, 2013
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully asks for her short-term contracts to be converted into fixed-term contracts.

    Consideration 5

    Extract:

    "The complaint form was filed within the time limit specified in Article VII, paragraph 2, of the Statute of the Tribunal, albeit without the brief and supporting evidence which, according to Article 6, paragraph 1(b) and (c), of the Rules of the Tribunal, had to be appended to it. Contrary to [the defendant]’s submissions, this does not signify that the complaint was submitted out of time, since paragraph 2 of the above-mentioned article affords the complainant the possibility of correcting a complaint that does not meet the requirements of the Rules. In the instant case, the complaint was corrected on 30 March 2011, within the time limit set by the Registrar of the Tribunal."

    Reference(s)

    ILOAT reference: Article VII, paragraph 2, of the Statute; Article 6, paragraph 1(b) and (c), of the Rules

    Keywords:

    correction of complaint; date; formal requirements; iloat statute; time bar; time limit;



  • Judgment 3204


    115th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant claims moral damages for the Union’s failure to submit to its Council the matter of the recognition of same-sex marriages.

    Consideration 9

    Extract:

    "It is settled by the Tribunal’s case law that, according to the rules of good faith, anyone who was a staff member of an organisation and to whom a promise was made, may expect that promise to be kept by the organisation. However, the right to fulfilment of the promise is conditional. One condition is that the promise should be substantive. Another is that the promise is from someone who is competent or deemed competent to make it. Yet another is that the breach should cause injury to the person who relies on the promise (see Judgment 782)."

    Reference(s)

    ILOAT Judgment(s): 782

    Keywords:

    condition; definition; duty of care; formal requirements; good faith; organisation's duties; promise; staff member's duties; staff member's interest;



  • Judgment 3191


    114th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants successfully challenge a recruitment procedure which they considered as flawed.

    Consideration 14

    Extract:

    "Regarding the contents of the vacancy notice, the confusion, to the extent there was some confusion among potential applicants, involved confusion about the interpretation of the Service Regulations and not the interpretation of the content of the vacancy notice itself. However, in these circumstances, where the EPO was aware of the confusion surrounding the interpretation of its Regulations, it was incumbent on the Administration to clarify the requirements for the position in the vacancy notice."

    Keywords:

    formal requirements; organisation's duties; staff member's interest; vacancy; vacancy notice;



  • Judgment 3120


    113th Session, 2012
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6-7

    Extract:

    "The Tribunal is of the opinion that in principle, in the absence of specific rules or regulations governing the right of a staff member to access his or her own medical file, that right must be considered to comprehend the right to view and obtain copies of all records and notes in the file, and to add relevant notes to correct any part of the file considered wrong or incomplete. So stated, that right gives effect to the Organisation’s duty of transparency. [...] [I]t is clear from [Judgments 1684, 2045 and 2047] that, while there may be some cases in which it is not advisable to allow staff members to have full access to their medical file at a particular point in time (and the decision to deny access temporarily must be fully justified and reasonable), the right to transparency as well as the general principle of an individual’s right to access personal data concerning him or her mean that a staff member must be allowed full and unfettered access to his or her medical file and be provided with copies of the full file when requested (paying the associated costs as necessary). [...] It must be pointed out that the staff member’s right to add a note to his or her medical file with a view to correcting any aspect considered wrong or incomplete is consistent with the Organisation’s duty of transparency and with the right of that staff member to ensure the accuracy of his or her personal information."

    Reference(s)

    ILOAT Judgment(s): 1684, 2045, 2047

    Keywords:

    date; duty to inform; duty to substantiate decision; exception; formal requirements; general principle; medical records; no provision; official; organisation's duties; refusal; right;



  • Judgment 3116


    113th Session, 2012
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant submitted his complaint by sending a scanned complaint form to the Tribunal via an e-mail of 11 May 2010, with only sections 1, 2, 3 and 5 filled in. One of the essential sections, section 4, had been left blank. He submitted a completed version of the form on 18 May 2010.
    "It should be recalled that Article 6(1)(a) of the Rules of the Tribunal sets out the requirements of form for filing a complaint: the complainant should fill in and sign the complaint form prescribed in the Schedule of those Rules. The complainant’s requests to the Tribunal that he be allowed to correct retroactively the incomplete initial complaint form, sent on 11 May 2010, and consequently that the completed revision of it, sent on 18 May, be accepted as having been filed on 11 May, are denied. Indeed, the entries in the initial complaint form did not suffice to identify the relief the complainant was claiming. Therefore, one of the essential requirements of form set out in Article 6(1) was not met and the complaint could not be registered as filed on 11 May 2010. Moreover, this case does not fall within the purview of the thirty-day time limit prescribed by Article 6(2) of the Rules for correction of complaints. [...] Consequently, the document filed on [11 May 2010] cannot be considered a complaint, as it did not contain the claims which are essential elements of a complaint. The complaint form, properly filled in, was filed on 18 May 2010, i.e. six days after the expiration of the ninety-day time limit. Therefore, the complaint must be considered irreceivable."

    Reference(s)

    ILOAT reference: Article 6, paragraphs 1 and 2, of the Rules

    Keywords:

    complaint form; correction of complaint; formal requirements; late filing; receivability of the complaint; time bar; time limit;



  • Judgment 3033


    111th Session, 2011
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "[A]ny decision to terminate an employee's contract must be clear and precise and must comply with the applicable formal requirements. Moreover, like any decision unfavourable to an official, it cannot take effect before the date on which he or she is notified of it (see Judgment 1531, under 8)."

    Reference(s)

    ILOAT Judgment(s): 1531

    Keywords:

    cause of action; date of notification; decision; effect; formal requirements; organisation's duties; termination of employment;



  • Judgment 3032


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

    Considerations 17- 18

    Extract:

    The complainants take the defendant to task for having unlawfully doubled the number of posts to be filled. According to them, any ex post facto change in the legal framework for the competition established by the vacancy notice breaches the principle of transparency of administrative procedures. [...]
    According to the Tribunal's case law, when a vacancy is to be filled, staff members must be given sufficient information to enable them to exercise their rights without facing any unnecessary hindrance. A competition aimed at filling a vacant post must be held under satisfactory conditions of objectivity and transparency, which guarantee that the candidates will receive equal treatment (see, for example, Judgment 2210, under 5, and the case law cited therein).
    In this case, the question is whether the failure to state explicitly in the vacancy notice that there were two senior translator/reviser posts to be filled might have dissuaded some people from submitting applications or prevented the competition from being conducted under satisfactory conditions of objectivity and transparency which guaranteed that the candidates received equal treatment.
    The Tribunal, like the defendant, considers that, given that the qualifications and experience required were exactly the same for the two posts, it cannot reasonably be argued that some people would have applied if they had known that there were two posts instead of just one to be filled. Furthermore, the complainants, who entered the competition anyway, were not adversely affected by that circumstance.
    It follows that, since the error committed in the vacancy notice did not taint the competition with any procedural flaw, the plea must be rejected.

    Reference(s)

    ILOAT Judgment(s): 2210

    Keywords:

    appointment; candidate; competition; duty to inform; equal treatment; formal requirements; official; organisation's duties; procedure before the tribunal; right of appeal; safeguard; selection procedure; vacancy;



  • Judgment 2991


    110th Session, 2011
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "It is a general principle of international civil service law that there must be a valid reason for any decision not to renew a fixed-term contract. If the reason given is the unsatisfactory nature of the performance of the staff member concerned, who is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service, the organisation must base its decision on an assessment of that person's work carried out in compliance with previously established rules (see, for example, Judgments 1911, under 6, and 2414, under 23)."

    Reference(s)

    ILOAT Judgment(s): 1911, 2414

    Keywords:

    contract; decision; duty to inform; duty to substantiate decision; fixed-term; formal requirements; grounds; international civil service principles; non-renewal of contract; official; organisation's duties; right; unsatisfactory service; work appraisal; written rule;

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Last updated: 07.03.2024 ^ top