Costs (121, 122, 123, 690, 871,-666)
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Keywords: Costs
Total judgments found: 101
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Judgment 1394
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Since the complaint succeeds in part and the reason why the Tribunal is declining to rule on the impugned decision is that it has been withdrawn, the complainant is entitled to costs.
Keywords:
amount; costs; decision; withdrawal of decision;
Judgment 1319
76th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"By causing or allowing [a delay of more than one year between the internal appeal and the final decision] and by denying the Board of Appeal the information which would have enabled it to give a timely and complete opinion on the complainant's case the organization fell short of the requirements of due administrative process and of the standards of care it must apply to its staff. In the circumstances, the complainant is entitled to the sum [...] she has claimed in damages and costs."
Keywords:
administrative delay; costs; due process; duty to inform; internal appeals body; material damages; moral injury; organisation's duties;
Judgment 1314
76th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant, who got assurances from the ILO that it was not going to fill a post in which he was interested, alleges on the basis of a list of staff movements that the organization had filled the post without holding an internal competition. It turns out that the list contained an error, of which the ILO failed to give the complainant notice, and the post had not been filled. The Tribunal holds that he did not suffer any injury on account of the alleged decision he impugns, but holds that the ILO left the matter uncertain for several months. There being no decision for the Tribunal to quash, his claims fail save the one to an award of costs.
Keywords:
absence of final decision; costs; duty to inform; internal competition; lack of injury; organisation's duties; post;
Judgment 1295
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Vide Judgment 262, consideration 5.
Reference(s)
ILOAT Judgment(s): 262
Keywords:
amount; costs; elements;
Judgment 1127
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 32
Extract:
"The Tribunal will not entertain the organisation's counterclaim to an award of costs against the complainant for abuse of process."
Keywords:
costs; counterclaim; refusal; tribunal; vexatious complaint;
Judgment 1126
71st Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
The complainant originally claimed 5001 French francs which she said were mistakenly deducted from her termination indemnity. The Organization having acknowledged its mistake, it paid her the disputed amount after she had filed her complaint. Under the circumstances the Tribunal need not entertain the claim. However, she is entitled to an award of costs.
Keywords:
case pending; costs; no cause of action; settlement out of court;
Judgment 1113
71st Session, 1991
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Even though [the] complaint is dismissed, "the Tribunal will not entertain CERN's counter-claim to an award of costs against [the complainant]."
Keywords:
costs; counterclaim; refusal; tribunal;
Judgment 1101
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10-11
Extract:
The complainants are challenging a general decision. They "cannot yet show any cause of action and their complaints must fail because they are irreceivable. [...] Since, however, before altering its stand the organisation directly encouraged them to file the present complaints, it is only reasonable that it should bear the costs".
Keywords:
cause of action; costs; exception; general decision; receivability of the complaint;
Judgment 1100
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complaint is premature. The organisation claims an award of costs against the complainant. "In Judgment 885 the Tribunal addressed the issue of abuse of the right of appeal. It said that it was for the Tribunal itself to determine whether a complainant had abused that right and, if so, what ruling was fitting in the circumstances. In Judgment 1056, however, it held that such a ruling may not include an award of costs against the complainant."
Reference(s)
ILOAT Judgment(s): 885
Keywords:
case law; costs; counterclaim; iloat; refusal; tribunal; vexatious complaint;
Judgment 1058
70th Session, 1991
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
"The basis for the complaint being the staff report for 1984 and that report having been withdrawn, there is no need to rule on the claims filed by the complainant, who has obtained satisfaction. The Tribunal will nevertheless make an award of costs because at the time of filing the complaint was warranted."
Keywords:
case pending; cause of action; complaint; costs; exception; settlement out of court;
Judgment 1056
70th Session, 1991
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal will not entertain the Organization's counter-claim to an award of costs against the complainant of abuse of process."
Keywords:
costs; counterclaim; refusal; tribunal; vexatious complaint;
Judgment 1043
69th Session, 1990
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant submitted an application for execution of Judgment 922 that set aside the decision to dismiss him. The UPU subsequently notified the Tribunal that it had reversed the decision and would offer the complainant compensation. The Tribunal took note of the Union's undertaking and awarded him 10,000 Swiss francs in damages for all the forms of injury he sustained and 1,000 francs towards costs.
Reference(s)
ILOAT Judgment(s): 922
Keywords:
application for execution; case pending; cause of action; costs; injury; material damages; moral injury; no cause of action; settlement out of court;
Judgment 1042
69th Session, 1990
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
After the UPU notified the reversal of its decision to dismiss the complainant, he no longer had any cause of action. He is nevertheless entitled to an award of costs.
Keywords:
case pending; cause of action; costs; no cause of action; settlement out of court;
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 972
66th Session, 1989
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Decision
Extract:
The decision not to renew the complainant's contract is set aside. The Tribunal holds that in the circumstances reinstatement would not be advisable. It orders the organization to pay the complainant the equivalent of two years' salary as damages for material injury, 25,000 Swiss francs for moral injury and 10,000 Swiss francs as costs.
Keywords:
amount; contract; costs; fixed-term; material damages; material injury; moral injury; non-renewal of contract;
Judgment 942
65th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Because of the complexity and length of the proceedings and the protracted correspondence that had to be conducted with the organization, the Tribunal awards 10,000 French francs in costs."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
administrative delay; amount; costs; procedure before the tribunal;
Judgment 939
65th Session, 1988
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was transferred without prior consultation of the Selection Board as required under Article 4.2(f) of the Staff Regulations. The Tribunal holds that the breach of procedure was minor, though it did cause the complainant injury. The Tribunal will therefore refrain from quashing the impugned decision and will order the organisation to pay the complainant damages and a further sum towards costs.
Reference(s)
Organization rules reference: ARTICLE 4.2 OF THE ILO STAFF REGULATIONS
Keywords:
consultation; costs; flaw; injury; material damages; organisation's duties; procedural flaw; selection board; transfer;
Judgment 931
65th Session, 1988
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"In the matter of costs the Tribunal has absolute authority that no text can fetter. It is plain from the case law that its ruling on costs will depend on the circumstances of the case. Even if it had held this complaint receivable and well founded, it would not necessarily have made any award."
Keywords:
case law; competence of tribunal; costs; iloat;
Summary
Extract:
The complainant contends that he was entitled to costs inasmuch as he was granted satisfaction pendente lite and because his complaint was receivable at the date of filing. The Tribunal holding that his appeal was premature and therefore irreceivable, his claim for costs fails.
Keywords:
absence of final decision; case pending; costs; failure to answer claim; internal remedies exhausted; receivability of the complaint; settlement out of court; time limit;
Judgment 923
65th Session, 1988
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant's "claim to costs is receivable because the organisation did not answer his claim to the refund and indeed did nothing at all until he had actually filed this complaint."
Keywords:
case pending; costs; exception; receivability of the complaint; settlement out of court;
Judgment 897
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Following a promotion, the complainant was no longer entitled to a language allowance. In its place she was awarded a compensatory payment after an eighteen month delay. She regards the language allowance as part of her salary and seeks the grant of a further step. As in Judgment 737 the Tribunal dismisses her claims but awards her costs because of the delay in payment of compensation to which she was entitled.
Reference(s)
ILOAT Judgment(s): 737
Keywords:
administrative delay; compensatory allowance; compensatory measure; consequence; costs; discontinuance; language allowance; payment; promotion; reduction of salary; salary;
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