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Parallel proceedings (824,-666)

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Keywords: Parallel proceedings
Total judgments found: 3

  • Judgment 4309


    130th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reject his complaint of harassment.

    Consideration 5

    Extract:

    [T]here is a general principle of law that a person cannot simultaneously litigate the same issues in separate or concurrent proceedings (see Judgment 4085, consideration 7).

    Reference(s)

    ILOAT Judgment(s): 4085

    Keywords:

    general principle; parallel proceedings;



  • Judgment 4286


    130th Session, 2020
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reject her claim of retaliation/harassment.

    Consideration 7

    Extract:

    The [complainant's] allegations are however the subject of the complainantís eighth complaint and will not be considered in this judgment by virtue of the general principle of law that a person cannot simultaneously litigate the same issues in separate or concurrent proceedings.

    Keywords:

    general principle; parallel proceedings;



  • Judgment 3146


    113th Session, 2012
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    Although Judgment 1601, under 10 and 11, allows that ďa complainant may challenge Ďa decision affecting a class of officialsíĒ, it does not follow that an official may pursue separate appeals with respect to a decision of that kind and individual decisions affecting him that are based on a decision of the former kind. It is a general principle of law that a person may not submit the same matter for decision in more than one proceeding. Particularly is that so if separate proceedings are brought before separate bodies. That principle applies both in relation to original proceedings and appellate proceedings. As the complainant purported to lodge separate appeals before separate bodies, it was necessary for one of the appellate bodies to defer to the other. As the Administrative Council could not determine the appeal with respect to the individual decisions affecting the complainant, it was incumbent on it to defer to the President of the Office and the Internal Appeals Committee, as they, and only they, have jurisdiction to determine all aspects of the complainantís appeals. Accordingly, the decision of the Administrative Council to refer the complainantís appeals to the President and the Internal Appeals Committee involved no error of law.

    Reference(s)

    ILOAT Judgment(s): 1601

    Keywords:

    general decision; parallel proceedings;


 
Last updated: 23.09.2021 ^ top