Claim (18, 19, 647, 20, 92, 675,-666)

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Keywords: Claim
Total judgments found: 141

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• Judgment 2811

  
  106th Session, 2009
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 15

  Extract:

  "Some of [the complainant's] requests clearly lie outside the Tribunal's jurisdiction. This is true, for example, of the requests that the Tribunal order the imposition of disciplinary measures on staff members of the Organization, that the complainant be sent a public letter of apology [...] or that a management audit of her department be conducted by independent experts. This is also true of the request that the Tribunal order the Organization to take steps to ensure that the complainant's immediate supervisor will no longer supervise her."

  Reference(s)

  ILOAT Judgment(s): 968, 1591, 2605
  

  Keywords:

  claim; competence of tribunal; disciplinary measure; receivability of the complaint; request to subject someone to disciplinary proceedings; supervisor;
  

  
  
  

• Judgment 2796

  
  106th Session, 2009
  International Federation of Red Cross and Red Crescent Societies
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainant asks that the defendant provide him with a positive work reference and that information concerning the issues raised in his complaint be given to some delegates.
  "None of these matters was the subject of his internal appeals. Accordingly, those claims are irreceivable (see Judgments 899, 1263, 1443 and 2213). Further and save in exceptional cases where an international organisation has a continuing duty to undo damage caused by its own communications to a third party, as in Judgment 2720, the Tribunal is not competent to issue orders of the kind sought (see Judgments 126, 1591 and 2058)."

  Reference(s)

  ILOAT Judgment(s): 126, 899, 1263, 1443, 1591, 2058, 2213, 2720
  

  Keywords:

  claim; communication to third party; compensation; competence of tribunal; exception; injury; internal appeal; internal remedies exhausted; new claim; organisation's duties; receivability of the complaint;
  

  
  
  

• Judgment 2742

  
  105th Session, 2008
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 44

  Extract:

  "The Tribunal issues binding orders, not recommendations as sought by the complainant. Additionally, the Tribunal has no power to order a party to apologise."

  Keywords:

  claim; competence of tribunal; receivability of the complaint; recommendation; vested competence;
  

  
  
  

• Judgment 2720

  
  105th Session, 2008
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 17

  Extract:

  "The complainant [...] requests the Tribunal to order the ITU to send a new e-mail to all staff, after delivery of the present judgment, retracting the content of the e-mail circulated on 26 July 2006. As the circulation of such an e-mail does indeed appear to be the only way of ensuring that the present judgment fully serves the purpose of safeguarding the complainant's honour and reputation vis-à-vis the ITU staff, the Tribunal considers that, under the circumstances, this request should be granted."

  Keywords:

  claim; compensation; judgment of the tribunal;
  

  
  
  

• Judgment 2708

  
  104th Session, 2008
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  For the period 24 June 2002 to 31 December 2003 the complainant was given a fixed-term contract, financed from technical cooperation funds, which was extended until 30 June 2004. The complainant was subsequently given two external collaboration contracts, the second one ending on 31 March 2005. The contractual relationship between the complainant and the ILO ended at that date. "It emerges from an analysis of [the provisions of Circular No. 630] that short-term contracts should be offered in only specific cases and for a limited duration.
  Having already obtained a fixed-term contract which had been extended, the complainant could not be recruited under a short-term contract, let alone under an external collaboration contract, to continue performing the same work as he had performed under his fixed-term contract, without contravening the spirit of the applicable texts.
  The complainant's last two contracts should therefore be converted into a fixed-term contract."

  Reference(s)

  Organization rules reference: ILO Circular No. 630
  
  

  Keywords:

  administrative instruction; amendment to the rules; breach; claim; condition; consequence; contract; duration of appointment; extension of contract; external collaborator; fixed-term; limits; period; project personnel; provision; separation from service; short-term; written rule;
  

  
  
  

• Judgment 2700

  
  104th Session, 2008
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainant did not receive the Reports Board's recommendation, which constituted the basis of the decision not to renew his fixed-term appointment. "The Tribunal considers that in the present case the complainant is entitled to see the Reports Board's recommendation, an essential document on which the Administration based its decision not to renew his contract. By withholding that document the Organization deprived the complainant of an item of evidence that was essential for the preparation of his defence and the Tribunal of a document enabling it to exercise its power of review.
  Accordingly there are grounds for ordering further submissions in order that the file may be supplemented with a copy of the Reports Board's recommendation, as requested by the complainant."

  Keywords:

  advisory body; claim; complainant; contract; disclosure of evidence; fixed-term; further submissions; interlocutory order; judicial review; non-renewal of contract; organisation's duties; recommendation; refusal; right;
  

  
  
  

• Judgment 2657

  
  103rd Session, 2007
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  The complainant contests the decision not to appoint him to a post as examiner at the European Patent Office on the grounds that he did not meet the physical requirements for the post but the Tribunal considers that persons who have applied for a post in an international organisation and who have not been recruited are barred from access to the Tribunal. The complainant asks that the Organisation be ordered to waive its immunity to enable him to bring proceedings before a German court. "[T]he Tribunal [recalls that it] has no authority to order the EPO to waive its immunity (see Judgment 933, under 6). It notes, however, that the present judgment creates a legal vacuum and considers it highly desirable that the Organisation should seek a solution affording the complainant access to a court, either by waiving its immunity or by submitting the dispute to arbitration."

  Reference(s)

  ILOAT Judgment(s): 933
  

  Keywords:

  appointment; arbitration; candidate; claim; competence of tribunal; condition; grounds; handicapped person; judgment of the tribunal; medical examination; medical fitness; municipal court; open competition; organisation; post; refusal; safeguard; waiver of immunity;
  

  
  
  

• Judgment 2654

  
  103rd Session, 2007
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainant requests that UNESCO recognise that she has been subjected to moral harassment and acknowledge all the repercussions this has had on her "human dignity and professional life". The Organization asks the Tribunal to find that there is no factual or legal basis to the complainant's claim that she notified the Administration of a case of moral harassment. The Tribunal considers "that the complainant did accuse her supervisor of harassment, and that the Organization, which was then under an obligation to initiate an objective inquiry into the validity of her accusations, failed to do so and has merely regretted the fact that it held no investigations.
  By failing to conduct an inquiry to determine the validity of such serious accusations, the defendant breached both its duty of care towards one of its staff members and its duty of good governance, thereby depriving the complainant of her right to be given an opportunity to prove her allegations."

  Keywords:

  breach; burden of proof; career; claim; condition; consequence; duty of care; harassment; inquiry; investigation; organisation's duties; respect for dignity; right; supervisor; working conditions; working relations;
  

  
  
  

• Judgment 2649

  
  103rd Session, 2007
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  Acting in his capacity as Chairman of the Staff Committee of the EPO's sub-office in Vienna, the complainant submitted a request to the President of the Office that the "staff salary scales mentioned in the annex to Part 2 of the Codex" be forwarded to all agencies supplying temporary personnel to the Office. The President refused to grant the request submitted to him, denying that temporary workers were entitled to remuneration equal to that of EPO staff and underlining that neither the Service Regulations nor the conditions of employment for contract staff applied to temporary workers. The EPO submits that the complainant does not have locus standi to represent temporary workers supplied to the Office. "It is well settled that members of the Staff Committee may rely on their position as such to ensure observance of the Service Regulations (see Judgments 1147 and 1897); but in order for a complaint submitted to the Tribunal on behalf of a Staff Committee to be receivable, it must allege a breach of guarantees which the Organisation is legally bound to provide to staff who are connected with the Office by an employment contract or who have permanent employee status, this being a sine qua non for the Tribunal's jurisdiction. In the absence of such a connection resting on a contract or deriving from status, the claim that the Office should forward its salary scales to agencies supplying temporary personnel - whose conditions of employment and remuneration are in any event beyond the jurisdiction of the Tribunal - cannot be entertained."

  Reference(s)

  ILOAT Judgment(s): 1147, 1897
  

  Keywords:

  breach; claim; communication to third party; competence of tribunal; complaint; condition; contract; enforcement; equal treatment; executive head; external collaborator; locus standi; no provision; official; organisation's duties; provision; receivability of the complaint; refusal; request by a party; right; safeguard; salary; scale; staff regulations and rules; staff representative; staff union; terms of appointment; vested competence;
  

  
  
  

• Judgment 2637

  
  103rd Session, 2007
  World Trade Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 22

  Extract:

  The complainant requests that the effective date of the administration's decision to grant her international status be changed to December 1991 instead of August 2005. "[I]t may be noted that, exceptionally, retroactive effect may be granted to a decision where the effect is favourable to a staff member (see Judgment 1130). In the present case, however, a grant of retroactivity would confer no benefit on the complainant either in relation to home leave or education grant. In the circumstances, the rule against retroactivity should be applied."

  Reference(s)

  ILOAT Judgment(s): 1130
  

  Keywords:

  allowance; amendment to the rules; claim; date; decision; education expenses; effect; enforcement; exception; general principle; home leave; non-local status; non-retroactivity; official; staff member's interest; withdrawal of decision;
  

  
  
  

• Judgment 2636

  
  103rd Session, 2007
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 14

  Extract:

  "The terms of Article II of the Statute of the Tribunal [...] dictate that various [...] claims for relief are not receivable. The claim that the Tribunal make appropriate orders to enable investigation of the complainant's allegations by the Swiss authorities falls into this category. The complainant's rights are those that derive from the terms of his appointment, the applicable Staff Regulations and those general legal principles recognised by the Tribunal as applicable to all international civil servants. None of these confer any right on the complainant to rely on Swiss law in his claims against WIPO and, consequently, there is no power in the Tribunal to make any order in that regard."

  Reference(s)

  ILOAT reference: Article II of the Statute
  
  

  Keywords:

  applicable law; claim; competence of tribunal; contract; domestic law; general principle; iloat statute; inquiry; investigation; official; provision; receivability of the complaint; right; staff regulations and rules; written rule;
  

  Consideration 16

  Extract:

  "By Article VIII of its Statute the Tribunal is empowered to rescind impugned decisions, to order the performance of obligations and to award compensation. It is not empowered to order apologies. Nor is it empowered to require undertakings as to performance of obligations in the future, as claimed by the complainant."

  Reference(s)

  ILOAT reference: Article VIII of the Statute
  
  

  Keywords:

  allowance; apology; claim; competence of tribunal; decision quashed; iloat statute; organisation; organisation's duties; payment;
  

  
  
  

• Judgment 2625

  
  103rd Session, 2007
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The complainant, a retired civil servant, asks the Tribunal to declare unlawful some measures applying to pensioners. "The provisions in question are regulatory texts applying to all retired employees of the Office. Since they entered into force long ago the complainant may challenge their lawfulness only by appealing against a decision applying those provisions which actually causes present damage to his personal interests (see in particular Judgments 1852, under 3, 2379, under 5, and 2459, under 7(b))."
  

  Reference(s)

  ILOAT Judgment(s): 1852, 2379, 2459
  

  Keywords:

  cause of action; claim; effective date; enforcement; general decision; individual decision; injury; provision; retirement; staff member's interest; staff regulations and rules;
  

  
  
  

• Judgment 2594

  
  102nd Session, 2007
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "It is beyond the competence of the Tribunal to make recommendations to an organisation regarding the implementation of specific procedures on workplace harassment and to order an organisation to make an apology."

  Keywords:

  claim; competence of tribunal; harassment; organisation's duties; procedure before the tribunal; respect for dignity; tribunal;
  

  
  
  

• Judgment 2527

  
  101st Session, 2006
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "As it has ruled on several occasions (see, for instance, Judgment 1456), the Tribunal may not order an organisation to seek an agreement with any State or institution."

  Reference(s)

  ILOAT Judgment(s): 1456
  

  Keywords:

  case law; claim; competence of tribunal; member state; receivability of the complaint;
  

  
  
  

• Judgment 2471

  
  99th Session, 2005
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  Following a reorganisation the post the complainant held in the Department of General Services (AGS) was transferred to another department. In December 2002 she was reassigned to AGS, though in a different position. She asks to be given back the duties and responsibilites she had in AGS prior to the reorganisation. "The Tribunal considers that this request cannot be granted, for it would imply undoing the reorganisation and reversing the technological changes that have been made, which, as the complainant herself acknowledges in her submissions, were both necessary and predictable. Her position is thus untenable."

  Keywords:

  claim; difference; liability; post; post held by the complainant; reassignment; refusal; reorganisation; transfer;
  

  
  
  

• Judgment 2467

  
  99th Session, 2005
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  "The complainants [...] claim compensation for the injury resulting from the delay with which their internal appeals were considered. [...] On this point, the Tribunal must recall that international organisations are fully responsible for the way their internal appeal bodies operate. In the cases in hand, however, it is worth noting that the long delay between the filing of the appeals and the reply given to them is to a large extent due to the fact that the complainants themselves waited until June 2003, and in some cases until August or October 2003, to file a rejoinder to the replies sent on behalf of the Director-General between June and August 2001. Even though their rejoinders were not mandatory from a legal point of view, these long delays show that the complainants did not pursue their appeals as diligently as precedent would require (see Judgment 1970 on this point). The Tribunal takes the view, therefore, that given the circumstances, the duration of the internal appeal procedure was not such as to amount to wrongdoing on the part of the Organization warranting redress."

  Reference(s)

  ILOAT Judgment(s): 1970
  

  Keywords:

  breach; case law; claim; compensation; complainant; consequence; date; delay; executive head; injury; internal appeal; internal appeals body; liability; misconduct; organisation; organisation's duties; procedure before the tribunal; rejoinder; reply; right; staff member's duties; time limit;
  

  
  
  

• Judgment 2457

  
  99th Session, 2005
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "The Organisation contends that the claims for damages are irreceivable because they were put forward in this specific manner for the first time in the complaint. However, it appears from the submissions that the request concerning damages had in fact been made in the course of the internal appeal procedure, albeit only orally and in general terms. [...] The Tribunal therefore considers that, in accordance with the case law (see in particular Judgment 2360), the claims for damages are receivable."

  Reference(s)

  ILOAT Judgment(s): 2360
  

  Keywords:

  appraisal of evidence; breach; case law; claim; complaint; evidence; formal requirements; internal appeal; internal remedies exhausted; material damages; moral injury; new claim; procedure before the tribunal; receivability of the complaint; request by a party;
  

  Consideration 7

  Extract:

  The complainant argues that the competition procedure was flawed owing to the fact that one of the members of the Selection Board was not present at the pre-selection meeting. The Organisation does not deny this fact but considers that this procedural flaw could not invalidate the pre-selection since the Selection Board, which decided unanimously, would not have reached a different conclusion even if all Board members had been present.
  Basing itself on the applicable rules the Tribunal considers that "the absence of one member of the Board did constitute a flaw, despite the fact that the Board's opinion was unanimous. Since the flawed composition of the Selection Board could not be corrected through subsequent consultation of the absent member, the competition procedure, which is tainted with a formal flaw, must be set aside where the complainant is concerned [...]. The complainant must therefore be restored to the position in which he was prior to the [pre-selection] meeting [...], and his application must be reviewed in accordance with the applicable rules."

  Keywords:

  candidate; claim; compensation; competition; complainant; composition of the internal appeals body; consequence; consultation; decision; difference; enforcement; flaw; formal flaw; identical claims; procedural flaw; procedure before the tribunal; provision; selection board; written rule;
  

  
  
  

• Judgment 2440

  
  99th Session, 2005
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  If a staff member withdraws some of his/her claims during the internal appeal procedure, he/she cannot raise them before the Tribunal.

  Keywords:

  claim; complaint; internal appeal; internal remedies exhausted; procedure before the tribunal; tribunal;
  

  
  
  

• Judgment 2418

  
  98th Session, 2005
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 16

  Extract:

  "Although the EPO has disputed the complainants' claim for costs of these proceedings on the basis that their counsel is a full-time EPO staff member, it is appropriate to award each complainant 1,000 euros to cover their out of pocket expenses, time and trouble."

  Keywords:

  claim; condition; costs; counsel; receivability of the complaint;
  

  
  
  

• Judgment 2417

  
  98th Session, 2005
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "The Appeals Committee accepted that the whole of the complainant's appeal was receivable. The essence of his grievance was contained in his original appeal and his reply was simply an expansion on the relief requested but did not raise a new ground of appeal. That finding was correct and the Tribunal endorses it." (see Judgment 2416, under 11)

  Reference(s)

  ILOAT Judgment(s): 2416
  

  Keywords:

  claim; compensation; internal appeal; internal appeals body; new claim; new plea; receivability of the complaint; report;
  

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