Procedural flaw (559,-666)
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Keywords: Procedural flaw
Total judgments found: 150
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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 901
64th Session, 1988
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was on mission when he was terminated as persona non grata. "There was no objective report on this case. [...] All this makes it plain that summary termination under 11.4 [of the Staff Regulations] was in breach of the complainant's right of reply and cannot stand."
Reference(s)
Organization rules reference: ARTICLE 11.4 OF THE ILO STAFF REGULATIONS
Keywords:
contract; field; fixed-term; flaw; persona non grata; procedural flaw; project personnel; right to reply; termination of employment;
Judgment 888
64th Session, 1988
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant was accused of submitting false certificates for sick leave and was dismissed for serious misconduct. He claims to have been unaware that the certificates were false at the time he presented them and that, while awaiting the outcome of the judicial inquiry underway, he should be presumed innocent. The complainant's dismissal was confirmed by the Chief of personnel. That decision was "defective in that it did not reply to the complainant's letter inviting the organization to wait for the outcome of the trial and did not require him to furnish his full defence. It was made without the complainant's having fully exercised his right to be heard." Because it is tainted with a procedural flaw, the decision is quashed and the Tribunal orders the complainant to be reinstated and awarded an amount equivalent to the pay which he lost between the date of dismissal and that of reinstatement.
Keywords:
amount; flaw; material damages; medical certificate; misrepresentation; moral injury; procedural flaw; reinstatement; right to reply; serious misconduct; summary dismissal; termination of employment;
Judgment 806
61st Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"The procedural flaw the complainant alleges is that the EPO will fully let the appeal proceedings drag on so as to thwart his hopes of promotion. The plea fails. The EPO may not be taken to task for awaiting the Tribunal's ruling on the earlier complaint." In addition the EPO resorted to an extraordinary procedure so that his promotion could be awarded.
Keywords:
administrative delay; consequence; lack of injury; performance report; procedural flaw; procedure before the tribunal; promotion; rebuttal;
Judgment 804
61st Session, 1987
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"For want of other evidence the Tribunal cannot but conclude that the consultation required by the order [laying down the procedure to be followed when the reclassification of a post is requested] never took place. The requirement of an on-the-spot evaluation is not met by just taking note of the staff member's application: there must be a meeting and discussion with him on any points it may raise"
Keywords:
flaw; inquiry; investigation; post classification; procedural flaw; right to reply;
Judgment 620
53rd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant submits that the experts ought to have consulted each other, not just in writing and by telephone but by meeting together. The argument is a sound one. The arrangements they made were indeed open to criticism. Whatever the FAO may say, traffic congestion [...] was not a valid reason for their not meeting to discuss a case which deserved more respectful consideration than they gave it. There is no certainty that their views would have been any different had they held a meeting. But it is possible that they would, and the complainant is right to advance the plea in support of his claim for damages."
Keywords:
damages; flaw; medical board; medical examination; procedural flaw;
Judgment 611
53rd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
There is no need to determine whether the refusal to allow the complainant to file a second rejoinder during the internal proceedings violated his right to a fair hearing. "Any defect there was must be deemed to have been removed by the present proceedings before the Tribunal. [...] Since the complainant is free to comment on any such issue before the Tribunal he has had sufficient opportunity to put his case properly, even if the Appeals Board did not fully respect his rights as a party."
Keywords:
flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;
Judgment 564
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The original announcement of the vacancy said that the incumbent would join a team which was to prepare a 'report on world employment. A revised version, in keeping with the French text and the organisation's intention, replaced the words with 'world labour report'. "It is obvious that the change had no effect on the competition procedure, and it is not a procedural defect impairing the validity of the impugned decision."
Keywords:
amendment to the rules; competition; flaw; procedural flaw; vacancy notice;
Judgment 542
49th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The penalty imposed was justified, but the complainant's appointment was terminated "without warning of the action that might be taken against him, although it [was] never said that the matter was urgent. The general principle of lawis that an administration may not impose a penalty on anyone before giving him an opportunity to comment on the charges against him".
Keywords:
contract; flaw; general principle; misrepresentation; offer withdrawn; procedural flaw; right to reply;
Judgment 511
49th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complaint, filed against a disciplinary measure (written censure), raised questions primarily of procedure. The Tribunal considered that, contrary to what the complainant maintained, the officers of the organisation rigorously complied with the procedural rules. It observed that the measure was imposed after the complainant had been invited to state her case, that her supervisors had not been remiss and that her right to a hearing had been respected. The complaint is dismissed.
Keywords:
censure; disciplinary measure; procedural flaw;
Judgment 496
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainants appealed to the internal board and then, without awaiting the outcome of the proceedings, to the Tribunal. By applying directly to the Tribunal "the complainants [...] obviously had no intention of abandoning their appeal; their wish was to expedite the hearing. As a matter of procedure they made a mistake in asking for the case to be withdrawn, but the situation was unprecedented and it was one to which the inactivity of the organization had contributed. A procedural error should not in this instance be held against the complainants."
Keywords:
administrative delay; direct appeal to tribunal; flaw; internal remedies exhausted; procedural flaw; receivability of the complaint;
Judgment 494
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
"There is no indication in the dossier that if the proper procedure had been observed before termination the complainant would have made use of it to change her attitude; and she has in fact declined reinstatement. She has not therefore shown any financial loss that she would not have incurred anyway. "It may well be that, as she alleges, 'because of the abrupt manner in which she was terminated, there has been speculation that she was engaged in some wrong doing.' She is entitled to a sum sufficient to mark the fact that her dismissal was illegal."
Keywords:
flaw; lack of injury; material injury; moral injury; offer; procedural flaw; refusal; reinstatement; termination of employment; transfer;
Judgment 483
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The internal appeals body did not respect the complainant's right to a hearing. In this case "not only has the complainant had every opportunity to state her case in these proceedings but the Tribunal will decide proprio motu the points on which the Appeals Committee heard evidence from the officials [without the parties' knowledge]. The flaw in the appeal proceedings is therefore of no consequence and is to be regarded as corrected by the present proceedings.
Keywords:
disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;
Judgment 476
47th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The right to a hearing includes the opportunity to take part in the deposition of evidence. "The Appeals Committee ought to have summoned the complainant and a representative of the organization to attend when the expert witness gave evidence. [...] This flaw in the internal appeal proceeding had no effect, however." The expert witness expressed views solely on the nature of the complainant's former and new posts. This is a point which has been fully elucidated in the proceedings before the Tribunal. Neither the statements of the expert witness nor the conclusions of the Committee can therefore have any effect on the Tribunal's decision.
Keywords:
adversarial proceedings; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;
Judgment 393
43rd Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant requests the cancellation of procedures by which a candidate for the material post was selected and appointed. "The organization has acknowledged - and rightly so - that the procedures were irregular. Thus, insofar as the complainant wishes to have them cancelled, her complaint no longer has any foundation. She has now to co-operate fully with the organization in the review of the [...] classification of her post."
Keywords:
appointment; cause of action; competition; flaw; no cause of action; procedural flaw; settlement out of court;
Judgment 370
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In the present instance [...] it was so obvious that no internal appeal would lie that the intermediary can hardly be blamed for not letting the appeals body itself declare the appeal irreceivable. In any case it would be unduly formalistic to quash the impugned decision because of a flaw which had no effect whatever on the proceedings or on the outcome of the case."
Keywords:
flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; receivability of the complaint;
Judgment 333
40th Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The members of a committee set up to examine appeals against post grading decisions began their work and subsequently resigned. Instead of following the recommendations already made by the old committee, the Director-General set up a new one. He was therefore bound to start the proceedings all over again. To be lawful the new committee's recommendations could only be made after hearing the persons concerned. The Director-General's decisions based on unlawful recommendations are quashed. The case is "referred back to the Director-General for a new decision, to be taken after due consultation of the [...] grading appeals committee."
Keywords:
flaw; internal appeals body; organisation's duties; procedural flaw; procedure before the tribunal; recommendation;
Judgment 280
37th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant contends that the sole purpose of [the] unusual series of competitions was to eliminate him. In other words, he alleges abuse of authority [...]. Even if the argument were well founded [...] that would not mean that the competitions were tainted with any procedural flaw." Nothing prevented the organization from holding further competitions in the circumstances described.
Keywords:
abuse of power; competition; misuse of authority; procedural flaw;
Judgment 232
32nd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[S]ince the complainant had let it be clearly understood that he would not attend the meeting and would be represented at it, the fact that he was not told of its exact date is immaterial to the propriety of the proceedings."
Keywords:
complainant; counsel; date; duty to inform; flaw; internal appeal; internal appeals body; procedural flaw; procedure before the tribunal; right to reply;
Judgment 208
30th Session, 1973
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The improprieties alleged by the complainant relate to posts put up for competition subsequently to his appointment, i.e. to procedures to which he was not a party. An official is not, however, entitled to complain of procedures in which he is not involved [...] In the present case the Tribunal is not called upon to consider the allegation of improprieties of procedure."
Keywords:
cause of action; competition; flaw; lack of injury; no cause of action; procedural flaw;
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