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Composition of the internal appeals body (813, 82, 973,-666)

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Keywords: Composition of the internal appeals body
Total judgments found: 58

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  • Judgment 1127


    71st Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant suggests that the Reports Committee which recommended against confirming her appointment following probation was biased. "The burden is on the complainant to show that the members of the Committee duly appointed by the Director General were not impartial, and she has failed to offer any evidence to suggest that they were not."

    Keywords:

    advisory body; bias; burden of proof; complainant; composition of the internal appeals body; discretion; evidence; executive head;

    Consideration 8

    Extract:

    "The Tribunal will not ordinarily question the competence and qualifications of those whom the Director General appoints in the exercise of his discretion to the Reports Committee, provided that the rules are complied with and the members' independence and impartiality are not in doubt."

    Keywords:

    advisory body; bias; competence; composition of the internal appeals body; discretion; executive head; judicial review; procedure before the tribunal;



  • 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 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 1004


    68th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    The complainant's candidature in an internal competition having been eliminated, he challenged the composition of the Selection Board. He had doubts that its Vice-chairman, who had retired and later gone back to the organisation, might not have been reappointed to the Board as required under the material rules. The Tribunal observes that the guidelines issued to implement the provisions of Circular 380 (Series 6) of 3 March 1987 expressly stipulate that officials who have been reappointed will be considered to have had no break in service for the purposes of service on the Selection Board. The argument fails.

    Reference(s)

    Organization rules reference: CIRCULAR 380 (SERIES 6) OF 3 MARCH 1987

    Keywords:

    composition of the internal appeals body; condition; recusal; selection board;



  • Judgment 934


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The Tribunal [...] deplores the complainant's manner of pleading. [...] His rejoinder contains accusations and remarks that are offensive to everyone concerned, including members of the Tribunal when they do not agree with him."

    Keywords:

    composition of the internal appeals body; recusal; tribunal;



  • Judgment 933


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The Tribunal deplores the complainant's manner of pleading. [...] His rejoinder contains accusations and remarks that are offensive to everyone concerned, including members of the Tribunal when they do not agree with him."

    Keywords:

    composition of the internal appeals body; recusal; tribunal;



  • Judgment 667


    56th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant advances the argument "that the internal appeal procedure could not now function properly since every member of the Appeals Committee [...] would himself have an interest in the outcome of the appeal. [The argument fails.] The objection to the membership of the [...] Committee cannot be entertained in hearing the present complaint. In any event the Committee would be competent to consider allegations of flaws in the individual decision."

    Keywords:

    composition of the internal appeals body; internal appeals body; recusal;



  • Judgment 564


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The Board, made up of four staff members, included the chief of the Bureau in which the vacancy was to be filled. "Its composition was in line with the [...] rules on open competitions and was therefore correct in this instance since applications were invited [...] from outside candidates. [...] The elimination of all outside candidates in the course of the selection procedure did not change the competition into an internal one."

    Keywords:

    competition; composition of the internal appeals body; open competition; selection board;



  • Judgment 536


    49th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "One of [the complainant's] arguments is that the Tribunal was not correctly constituted when it delivered Judgment No. 404" and that because of various other defects the judgment is null and void. "This is a plea she might have put forward in the written proceedings in her fourth complaint, which culminated in Judgment No. 442. It is therefore not admissible."

    Reference(s)

    ILOAT Judgment(s): 404, 442

    Keywords:

    application for review; composition of the internal appeals body; inadmissible grounds for review; recusal; tribunal;



  • Judgment 303


    38th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    One of the complainants contends that the Careers Committee for promotions included the chief of the personnel service, the official who had determined his performance mark, and that the Committee's composition was therefore irregular. "But the fact that the chief of the personnel service should sit on such a committee is only normal. That official had a duty of impartiality both in marking the complainant's performance and in serving on the Careers Committee, and the two functions were therefore quite compatible."

    Keywords:

    bias; composition of the internal appeals body; promotion board; recusal; supervisor;



  • Judgment 232


    32nd Session, 1974
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The fact that [the official in question] was a member of the Appeals Board although as chief of personnel he had previously appointed the complainant to [two posts] cannot taint the composition of the Board with irregularity nor afford grounds for debarring that senior official."

    Keywords:

    composition of the internal appeals body; internal appeals body; recusal;



  • Judgment 179


    27th Session, 1971
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The mere fact that one member of the Advisory Board was the son-in-law of the wife of a staff member serving in the same division as the complainant at a higher grade is not sufficient to constitute a ground for withdrawal. There is no direct relationship either by blood or by marriage between the member and the official concerned, and the latter [...] cannot [...] be regarded as his supervisor in the proper sense of the term." He was not required to withdraw.

    Keywords:

    advisory body; composition of the internal appeals body; condition; family relationship; internal appeals body; recusal;



  • Judgment 175


    26th Session, 1971
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The Appeals Committee, without giving any precise opinion on the points raised by complainant, merely proposed that he should be paid compensation, purely ex gratia. Consequently, although the chairman of the Advisory Committee on Compensation Claims which examined the case before the Director-General's first decision then sat as a member of the Appeals Committee, "this irregularity is not, in the circumstances of the case, such as to taint with illegality the Director-General's [...] decision."

    Keywords:

    advisory body; composition of the internal appeals body; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw;



  • Judgment 110


    17th Session, 1967
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Neither the fact that two of the judges that sat in the case [...] disposed of by Judgment No. 70 have been called upon to hear a further case brought by the same complainant, nor the fact that one of these judges is of Swiss nationality and sits on the Supreme Court of his own country, can in itself be regarded as valid grounds for objection to these judges."

    Reference(s)

    ILOAT Judgment(s): 70

    Keywords:

    composition of the internal appeals body; grounds; recusal; tribunal;



  • Judgment 107


    17th Session, 1967
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2(C)

    Extract:

    "When making their decision the three experts were not aware of the names of the respective candidates, the papers having been placed in plain envelopes marked only with a letter of the alphabet. This ensured the impartiality of the experts. While it is true that complainant's chief, who was allegedly prejudiced against him, was a member of the Board of Experts, he expressed views which, although independent of those of his colleagues, did not differ from them. Consequently his presence cannot be said to have brought personal influence to bear on the results of the competition [...]. There is no reason to question the impartiality with which the results were evaluated."

    Keywords:

    bias; competition; composition of the internal appeals body; recusal; selection board;



  • Judgment 105


    17th Session, 1967
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Vide Judgment 110, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 110

    Keywords:

    composition of the internal appeals body; grounds; recusal; tribunal;



  • Judgment 101


    17th Session, 1967
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    See Judgment 110, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 110

    Keywords:

    composition of the internal appeals body; grounds; recusal; tribunal;



  • Judgment 100


    17th Session, 1967
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Vide Judgment 110, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 110

    Keywords:

    composition of the internal appeals body; grounds; recusal; tribunal;

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