Internal appeals body (79, 80, 81, 84, 822, 823, 90, 91, 742, 785, 786, 813, 82, 973, 819,-666)
You searched for:
Keywords: Internal appeals body
Total judgments found: 284
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 | next >
Judgment 1230
74th Session, 1993
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The defendant maintains that the complainant did not meet the two-month time limit for lodging appeals and failed to exhaust the internal means of redress. The Committee was of the view that, in this case, exceptional circumstances warranted waiving the time limit and allowing the appeal. The defendant contends that the Committee's decision was not binding on the Agency. "Only where the Committee's appraisal of the circumstances is flagrantly wrong or based on plainly mistaken facts may the Director General disregard it, and even then his decision will be subject to review by the Tribunal."
Keywords:
condition; exception; internal appeal; internal appeals body; internal remedies exhausted; judicial review; mistake of fact; mistaken conclusion; receivability of the complaint; staff regulations and rules; time bar; time limit;
Judgment 1228
74th Session, 1993
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant's case was the subject of disciplinary proceedings. The resulting report, which contained certain adverse comments on him along with a recommendation from the Disciplinary Committee, was referred to the Joint Appeals Committee but not shown to the complainant. "The report having been put to the Appeals Committee, it had the duty to communicate its contents to the complainant and so to afford him the opportunity of challenging it or commenting on it. The Appeals Committee's failure to observe that elementary rule of due process is an essential procedural flaw and constitutes a breach of the complainant's right of defence."
Keywords:
disciplinary procedure; due process; internal appeals body; procedural flaw; right to reply;
Judgment 1227
74th Session, 1993
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant is challenging a report submitted by the Joint Appeals Board. "The report [...] plainly does not constitute a final decision within the meaning of the UNIDO Staff Regulations and Staff Rules. The complaint is therefore irreceivable under Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
absence of final decision; complaint; iloat statute; internal appeals body; internal remedies exhausted; receivability of the complaint; report;
Judgment 1192
73rd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The complainants object to the delay in handling their case throughout, from the lodging of their appeals with the Regional Boards of Appeal until the case reached the Director-General. The Tribunal holds that the time the proceedings took, though long, did not amount to any wilful disregard of the complainants' rights but was accounted for by the large number of appeals and the complexity of the issues."
Keywords:
administrative delay; internal appeal; internal appeals body; procedure before the tribunal;
Judgment 1190
73rd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Under WHO Staff Rule 1230.4 an official who has appealed to the Appeals Board is entitled to challenge two of its members. One of the complainants exercised that right but had his challenge rejected. There was therefore a serious flaw in the internal appeal procedure. The material issue is whether the Director-General was entitled to treat the Board's report as being in line with the material rules. The report itself discloses that the rights of one of the complainants had been ignored. The Tribunal holds that "the Director-General has a duty to enforce the rules. He knew of the breach and should have rejected the report insofar as it concerned [the complainant] who objected to it as not being in accordance with those rules: he was not entitled to proceed as if no breach had occurred."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Organization rules reference: WHO STAFF RULE 1230.4
Keywords:
composition of the internal appeals body; due process; flaw; internal appeal; internal appeals body; procedure before the tribunal; recommendation; recusal; report; staff regulations and rules;
Judgment 1188
73rd Session, 1992
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
After the Director-General imposed a disciplinary sanction on the complainant he lodged an internal appeal. Rule 110.4.3 of the Staff Rules says that "the deliberations and reports of the Disciplinary Committee and its recommendations to the Director- General shall be confidential". The material issue is "whether the full text of the Disciplinary Committee's report, and not just the text of its recommendation, was disclosed to the Joint Appeals Committee. If it was, the Union should have let the complainant too have a copy and, failing that, there was a procedural flaw in that there was breach of his right of defence."
Reference(s)
Organization rules reference: UPU STAFF RULE 110.4.3
Keywords:
confidential evidence; disciplinary measure; disciplinary procedure; disclosure of evidence; further submissions; interlocutory order; internal appeal; internal appeals body; procedural flaw; procedure before the tribunal; recommendation; report; right to reply; staff regulations and rules;
Consideration 7
Extract:
"An item that formed part of the internal appeal proceedings should be at the Tribunal's disposal since it cannot otherwise appraise the background to the impugned decision and determine whether it shows any flaw. Further submissions are therefore required to complete the case records."
Keywords:
decision; disclosure of evidence; flaw; further submissions; interlocutory order; internal appeal; internal appeals body; procedure before the tribunal; recommendation; report;
Judgment 1167
73rd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"All that is needed for [an] appeal to be receivable is that the impugned decision be clearly identified and the pleas set out.
Keywords:
condition; decision; internal appeal; internal appeals body; receivability of the complaint; time limit;
Judgment 1124
71st Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Chairman of the Committee with a mandate to consider the complainant's request for review of the decision setting the amount of his termination indemnity resigned because he regarded other duties he held as incompatible with the chairmanship. "There was [...] nothing improper about that. Indeed, the Chairman's resignation removed a threat to the Committee's impartiality". It was, moreover, in line with Clause 3 of Article 146 of the Staff Rules.
Reference(s)
Organization rules reference: ARTICLE 146(3) OF THE INTERPOL STAFF RULES
Keywords:
bias; composition of the internal appeals body; enforcement; internal appeals body; recusal; staff regulations and rules;
Judgment 1115
71st Session, 1991
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Appeal Board, which had new evidence before it, agreed to reopen the internal proceedings. It then reported that it was unable to make a further recommendation. The Director General took no further express decision. But that "does not preclude the complainant from impugning the implied decision that followed the resumption of hearings by the Board on the strength of new evidence. The outcome of the resumed hearings must be subject to review by the Tribunal even though the implied decision is the same in purport as the original decision."
Keywords:
case reopened; failure to answer claim; implied decision; internal appeals body; new time limit; receivability of the complaint;
Judgment 1109
71st Session, 1991
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
After recommending that the complainant should get a personal promotion, the Selection Board held a further meeting at the instance of the Deputy Director-General and shifted ground. The Tribunal holds that "in only two cases may an internal body be asked to think again. One is where something unforeseeable and of decisive moment occurs after it has reported, and the other is where there comes to light some fact or evidence, again of cardinal importance, that it did not know of or could not have known of before it reported." Since those conditions were not met in the instant case, the decision is tainted with a procedural flaw and must be quashed. The complainant is sent back to the Organisation for his case to be reviewed.
Keywords:
advisory body; case reopened; condition; flaw; internal appeals body; organisation; procedural flaw; request by a party; selection board;
Judgment 1104
71st Session, 1991
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal is not competent under its Statute to rule on the lawfulness of a report or recommendation by an advisory body."
Keywords:
advisory body; competence of tribunal; internal appeals body; recommendation; report;
Judgment 1084
70th Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Refusal to entertain a claim [on the part of the Appeals Board] is not a procedural error but implied rejection of the claim."
Keywords:
internal appeals body; procedural flaw;
Judgment 1065
70th Session, 1991
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5, Summary
Extract:
The complainant objects to the members of the Tribunal and to the members of the EPO Appeals Committee. "His attitude and language are [...] inadmissible. As in Judgments 933, 934 and 935 the Tribunal again deplores his offensive manner of putting his case."
Reference(s)
ILOAT Judgment(s): 933, 934, 935
Keywords:
composition of the internal appeals body; internal appeals body; recusal; tribunal;
Judgment 1026
69th Session, 1990
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant's appointment was terminated upon the abolition of his post. The organization offered him 5000 United States dollars in compensation for the delay in dealing with the case. The Tribunal holds that this "does not measure up to the degree of moral and material injury [the organization] has caused the complainant, whose health has grown much worse since termination. The Tribunal believes that more reasonable awards would be $8,000 in damages and $2,000 towards costs."
Keywords:
abolition of post; administrative delay; amount; costs; internal appeal; internal appeals body; moral injury; terminal entitlements; termination of employment;
Judgment 1011
68th Session, 1990
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Article VII of the Tribunal's Statute says that a complaint shall not be receivable unless the decision impugned is a final one and such remedies as are available under the applicable Staff Regulations have been exhausted. To satisfy that requirement, which is mandatory, the staff member must duly lodge an internal appeal with the competent body within the time limit in the Staff Regulations."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
formal requirements; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff member's duties; staff regulations and rules; time limit;
Judgment 995
68th Session, 1990
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
According to paragraphs 7 and 9 of the Statutes of the UNESCO Appeals Board, appeals must be presented by the official concerned or, on his behalf, by any other member of the Secretariat stationed at headquarters. The complainant was represented by a lawyer before the Appeals Board and thereby failed to comply with the prescribed procedure. His complaint is accordingly irreceivable. The Tribunal remarks that as lawyers ordinarily have access to any judicial body the rules governing the internal appeals procedure would not be admissible before a court of law. But under the circumstances of the instant case the rules in the Board's Statutes must be construed strictly.
Reference(s)
Organization rules reference: PARAGRAPHS 7 AND 9 OF THE STATUTES OF THE UNESCO APPEALS BOARD
Keywords:
complainant; counsel; enforcement; formal requirements; internal appeal; internal appeals body; procedure before the tribunal; receivability of the complaint; staff regulations and rules;
Judgment 975
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The President was not bound to endorse the Appeals Committee's opinion. Article 109(1) of the [EPO] Service Regulations says merely that 'the authority concerned shall take a decision having regard to this opinion'. The President's duty is to consider the opinion before reaching his decision, not to follow it."
Reference(s)
Organization rules reference: ARTICLE 109(1) OF THE EPO SERVICE REGULATIONS
Keywords:
binding character; decision; executive head; internal appeals body; organisation's duties; recommendation;
Judgment 946
65th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Since the Director-General relied solely, in taking his final decision, on a recommendation that is tainted with mistakes of [fact], his decision too is flawed with the same mistakes."
Keywords:
consequence; decision; flaw; internal appeals body; mistake of fact; recommendation;
Judgment 872
63rd Session, 1987
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
By virtue of Article LS VI 1.08 of the ESO Staff Regulations and Staff Rules "the Director General may appoint a committee which includes local staff members to advise him on specific cases of disputes and appeals." "The power thus given to the Director General is discretionary. He decided in this case that it was not necessary to appoint a committee to advise him; no reasons have been advanced why his decision should be overruled and it therefore stands unchallenged."
Reference(s)
Organization rules reference: ARTICLE LS VI 1.08 OF THE ESO STAFF REGULATIONS AND STAFF RULES
Keywords:
advisory body; consultation; discretion; internal appeal; internal appeals body; organisation's duties; procedure before the tribunal;
Judgment 810
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The fact that only the chairman signed [the Appeal Board's report] is not in itself a flaw. It is not argued that the text fails to record the views of the majority of the Board."
Keywords:
flaw; formal flaw; formal requirements; internal appeals body; recommendation; report;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 | next >
|
