Refusal (631,-666)
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Keywords: Refusal
Total judgments found: 229
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Judgment 2965
110th Session, 2011
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Organization requests the joinder of the two complaints filed by the complainant.
"The Tribunal finds that, although they are contained in a single decision, the measures challenged by the complainant are different in nature. The request for joinder will therefore not be granted."
Keywords:
joinder; refusal; request by a party;
Judgment 2962
110th Session, 2011
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The Organization asks the Tribunal to 'delete' certain passages from the complaint, as in its view they have no bearing on this dispute. The Tribunal will not grant this request, because complainants are free to present any argument that they consider relevant to their case, provided that they do not use terms or a tone overstepping the bounds of what is permissible in judicial proceedings."
Keywords:
claim; complaint; condition; discontinuance; limits; organisation; refusal;
Judgment 2948
109th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"While Article VII, paragraph 3, of the [Tribunal's] Statute permits a complainant to have recourse to the Tribunal '[w]here the Administration fails to take a decision upon any claim of an official within sixty days from the notification of the claim to it', the Tribunal has consistently held that the forwarding of the claim to the advisory appeal body constitutes a 'decision upon [the] claim' within the meaning of these provisions, which is sufficient to forestall an implied rejection (see, for example, Judgments 532, 762, 786 or 2681)."
Reference(s)
ILOAT reference: Article VII, paragraph 3, of the Statute
ILOAT Judgment(s): 532, 762, 786, 2681
Keywords:
absence of final decision; case law; date of notification; decision; direct appeal to tribunal; failure to answer claim; iloat statute; implied decision; internal appeal; internal appeals body; refusal; time limit;
Judgment 2899
108th Session, 2010
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 29
Extract:
The complainant refused to accede to EFTA's request for reimbursement of an amount allegedly overpaid.
"Contrary to his submissions, the complainant could not refuse [...] to comply with the Association's express and repeated requests for reimbursement. As the internal appeal procedure does not have a suspensory effect, and even though [EFTA] would no doubt have been wiser to await its completion before demanding payment of the debt, he was bound to comply with these requests. His refusal to accede to them thus constituted misconduct which could lead to a disciplinary sanction [...]."
Keywords:
breach; condition; disciplinary measure; internal appeal; procedure before the tribunal; recovery of overpayment; refund; refusal; request by a party; staff member's duties; suspensory effects;
Judgment 2845
107th Session, 2009
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
According to Article 9.8, paragraph 2, of the UPU Staff Regulations, the Director General may, in the interest of the Union, extend the age limit in exceptional cases. The Tribunal considers that "the Director General's refusal to extend the complainant's service beyond the statutory age limit constitutes an act of retaliation [...]. The Director General used his discretionary authority for purposes other than those for which it was intended, thereby committing an abuse of authority. It follows that the impugned decision must be set aside."
Reference(s)
Organization rules reference: Article 9.8, paragraph 2, of the UPU Staff Regulations
Keywords:
abuse of power; age limit; amendment to the rules; career; discretion; exception; executive head; extension beyond retirement age; hidden disciplinary measure; misuse of authority; organisation's interest; purpose; refusal; staff regulations and rules;
Judgment 2837
107th Session, 2009
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7-8
Extract:
The complainant was not granted the personal promotion she was eligible for and the Organization did not respect its obligation to publish the list of officials who were granted such a promotion.
"Contrary to the Organization, which maintains that its failure to publish the list could not have caused any injury to the complainant and in no way influenced the decision to refuse her such a promotion, the Tribunal considers that non publication of the list in question deprived the complainant of information that she might have found useful in filing a request for review [...].
The impugned decision must therefore be set aside [...], and the case must be referred back to the Organization so that it may publish the list of officials who were granted a personal promotion [...]. The complainant may, if she so wishes, file a request for review within a fixed period from the date of publication of the list in question."
Keywords:
breach; consequence; organisation's duties; personal promotion; publication; refusal; time limit; written rule;
Judgment 2833
107th Session, 2009
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
In March 2006 the complainant, who had been assigned to Zimbabwe since 1996, applied for a transfer, in the same grade, to ILO headquarters in Geneva to occupy the advertised post of Senior Procurement Officer. His candidature was rejected because he failed to meet three of the core requirements listed in the vacancy notice. Circular No. 658, series 6, states that the Office should ensure, in particular, that 'priority for mobility is given to staff members who have completed their tours of duty', i.e. their assignment in a particular duty station.
"It is not disputed that the complainant can avail himself of the mobility rules to return, as and when appropriate, to the Organization's headquarters. But that does not, of course, mean that he has a right to return to headquarters to take up a particular post without it being determined beforehand that the post to which he aspires corresponds to his skills."
Reference(s)
Organization rules reference: Circular No. 658, series 6
Keywords:
administrative instruction; competition; condition; criteria; duty station; field; grade; grounds; headquarters; organisation's duties; period; post; priority; qualifications; reassignment; refusal; request for transfer; right; vacancy notice; written rule;
Judgment 2832
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant seeks to have his retirement pension recalculated on a different basis.
"[T]he Tribunal finds that it has no jurisdiction in any event to award him such redress."
Keywords:
claim; competence of tribunal; pension; reckoning; refusal;
Judgment 2792
106th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"Having launched an internal appeal, a staff member is entitled to know whether the appeal is allowed or dismissed. The fact that certain aspects of the relief sought may have become moot does not absolve the head of an organisation from making a determination on the merits of the appeal."
Keywords:
compensation; executive head; internal appeal; no cause of action; official; organisation; organisation's duties; refusal; request by a party; right;
Judgment 2788
106th Session, 2009
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[The] purpose [of probation] is to provide an organisation with an opportunity to assess an individual's suitability for a position. In the course of making this assessment, an organisation must establish clear objectives against which performance will be assessed, provide the necessary guidance for the performance of the duties, identify in a timely fashion the unsatisfactory aspects of the performance so that remedial steps may be taken, and give a specific warning that the continued employment is in jeopardy (see Judgment 2529, under 15)."
Reference(s)
ILOAT Judgment(s): 2529
Keywords:
candidate; criteria; definition; fitness for international civil service; organisation; organisation's duties; post; probationary period; purpose; qualifications; refusal; unsatisfactory service; warning; work appraisal;
Judgment 2786
106th Session, 2009
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"It is not open to an international organisation to justify a decision by conducting further enquiries after the internal appeal proceedings have been concluded, much less by conducting enquiries into a charge of misconduct that was not relied upon as the basis for rejecting an internal appeal. So to do is not only to deprive a person of his/her right to be heard in answer to a charge of misconduct, including by testing the evidence against him/her, but also to render the appeal proceedings futile."
Keywords:
breach; decision; evidence; grounds; inquiry; internal appeal; investigation; organisation's duties; refusal; right to reply; serious misconduct;
Judgment 2760
105th Session, 2008
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant, a Canadian national, married a person of the same sex, as she is permitted to do under the law in force in Canada. She immediately informed the Agency of her new marital status and applied for the dependency benefits to which staff members with a spouse are eligible, but her application was rejected. The defendant points out that, for the purpose of applying its Staff Regulations and Staff Rules, it has a definition of the term "spouse" which refers only to the partners of a union between persons of opposite sex, since the Guide to Dependency Benefits, which was drawn up for the staff, indicates that the term "'[s]pouse' for all purposes of the Staff Regulations and Staff Rules is defined to mean the husband or wife". "But this mere information document, which was prepared by the Administration and has no normative value, clearly cannot prescribe the adoption of a restrictive definition which does not appear in the applicable texts themselves.
Furthermore, while the Tribunal notes that the same definition was also given in a Notice to the Staff of 11 July 2005, that document likewise could not narrow the scope of the concept of 'spouse' to which the Staff Regulations and Staff Rules refer. Although the secretariat of an organisation may always circulate a Notice to the Staff to clarify certain provisions of its staff regulations and rules, such a notice cannot impose on staff any restrictive conditions other than those stipulated in the provisions themselves."
Reference(s)
Organization rules reference: Guide to Dependency Benefits
Keywords:
administrative instruction; applicable law; binding character; condition; definition; dependant; domestic law; enforcement; family allowance; information note; limits; marital status; organisation; precedence of rules; provision; publication; purpose; refusal; request by a party; same-sex marriage; staff regulations and rules; written rule;
Judgment 2740
105th Session, 2008
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The letter of 29 August 2006 must be deemed to constitute an explicit decision to refuse to rule on the request submitted by the complainant [...]. Such a decision may be brought before the Tribunal only after the means of redress open to the complainant have been exhausted (Article VII, paragraph 1, of the Tribunal's Statute)." The complainant did not exhaust all internal means of redress. "Consequently, the complaint would, in the normal course of events, be irreceivable. [...] In the present case, however, such an approach would result in a grave miscarriage of justice. Indeed, in view of the content of the letter of 29 August 2006, by which UNESCO notified the complainant of its refusal to take a decision, the complainant had good grounds to consider that any internal appeal would have proved a hollow and meaningless formality. [...] The complainant was therefore entitled to have direct recourse to the Tribunal, after rightly concluding that the letter of 29 August 2006 contained an implicit waiver of the requirement that she first exhaust internal means of redress. It follows that the complaint cannot be declared irreceivable under Article VII, paragraph 1, of the Tribunal's Statute."
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
Keywords:
condition; decision; direct appeal to tribunal; express decision; iloat statute; implied decision; internal appeal; internal remedies exhausted; receivability of the complaint; refusal; request by a party;
Judgment 2729
105th Session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"[I]f a donor government offers to fund the post of an associate expert for a further period, there is an obligation on the organisation in question to consider that offer in good faith. So much is implicit in the general duties of care and good faith owed by an organisation to its staff. That is not to say, however, that an organisation is bound to accept any such offer. It is simply to say that a person [...] is then entitled to have his or her contract renewed unless there is a valid reason for rejecting the offer. The same duty of good faith requires that an organisation not do anything to prevent such an offer being made."
Keywords:
contract; decision; good faith; grounds; legitimate expectation; non-renewal of contract; offer; organisation's duties; period; post; refusal;
Judgment 2712
104th Session, 2008
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Organization appointed a candidate who did not meet one of the conditions stipulated in the vacancy announcement. "[I]t must be observed that the other applicants [...] were [...] eliminated improperly and that other potential candidates might have been dissuaded from applying because they did not meet the condition of having 15 years of experience as stipulated in the vacancy notice, though this was ultimately not applied to the successful candidate. Thus, the whole competition became a sham." The appointment of the successful candidate must therefore be set aside.
Keywords:
appointment; candidate; competition; competition cancelled; criteria; flaw; post; professional experience; refusal; vacancy notice;
Judgment 2700
104th Session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"As the Tribunal has consistently held, the staff member must, as a general rule, have access to all evidence on which the authority bases (or intends to base) its decision against him. Under normal circumstances, such evidence cannot be withheld on grounds of confidentiality (see Judgment 2229, under 3(b)).
As the Organization points out, there may indeed be some special cases in which a higher interest stands in the way of the disclosure of certain documents. But such disclosure may not be refused merely in order to strengthen the position of the Administration or one of its officers (see Judgment 1756, under 10)."
Reference(s)
ILOAT Judgment(s): 1756, 2229
Keywords:
case law; confidential evidence; decision; disclosure of evidence; duty to inform; exception; general principle; grounds; organisation's duties; organisation's interest; purpose; refusal;
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 2699
104th Session, 2008
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
"The case law makes it clear that when rejecting a recommendation of an internal appeals body that favours a complainant, the final decision-maker must give clear and cogent reasons for such a decision (see Judgments 2092, 2261, 2347 and 2355)."
Reference(s)
ILOAT Judgment(s): 2092, 2261, 2347, 2355
Keywords:
case law; decision; duty to substantiate decision; executive head; grounds; impugned decision; internal appeals body; motivation; motivation of final decision; recommendation; refusal;
Judgment 2669
104th Session, 2008
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Director-General's authority to extend a staff member's service beyond the retirement age is found in Staff Regulation 301.9.5. "This provision makes it clear that a decision to grant an extension of a staff member's contract is within the discretionary authority of the Director-General. It is well established in the case law that the Tribunal will only intervene in these circumstances if it can be shown that the executive head of the organisation acted without authority, breached a rule of form or procedure, or that the decision was based on a mistake of fact or law, or overlooked an essential fact, or that clearly mistaken conclusions were drawn from the facts."
Reference(s)
Organization rules reference: FAO Staff Regulation 301.9.5
Keywords:
age limit; case law; competence of tribunal; contract; decision; discretion; disregard of essential fact; executive head; extension beyond retirement age; flaw; mistake of fact; mistaken conclusion; procedural flaw; refusal; retirement;
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;
Consideration 5
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. The Organisation submits that the Tribunal is not competent to hear complaints from external applicants for a post in an organisation that has recognised its jurisdiction. "However regrettable a decision declining jurisdiction may be, in that the complainant is liable to feel that he is the victim of a denial of justice, the Tribunal has no option but to confirm the well-established case law according to which it is a court of limited jurisdiction and 'bound to apply the mandatory provisions governing its competence', as stated in Judgment 67, delivered on 26 October 1962. [...]
It [can be inferred from Article II of the Statute of the Tribunal] that persons who are applicants for a post in an international organisation but who have not been recruited are barred from access to the Tribunal. It is only in a case where, even in the absence of a contract signed by the parties, the commitments made by the two sides are equivalent to a contract that the Tribunal can decide to retain jurisdiction (see for example Judgment 339). According to Judgment 621, there must be 'an unquestioned and unqualified concordance of will on all terms of the relationship'. That is not the case, however, in the present circumstances: while proposals regarding an appointment were unquestionably made to the complainant, the defendant was not bound by them until it had established that the conditions governing appointments laid down in the regulations were met."
Reference(s)
ILOAT reference: Article II of the Statute
ILOAT Judgment(s): 67, 339, 621
Keywords:
appointment; candidate; case law; competence of tribunal; complaint; condition; consequence; contract; declaration of recognition; definition; exception; external candidate; formal requirements; grounds; handicapped person; iloat statute; intention of parties; interpretation; medical examination; medical fitness; open competition; organisation; post; proposal; provision; refusal; terms of appointment; vested competence; written rule;
Judgment 2651
103rd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"[T]he complainant cannot demand that his employer contribute financially towards his architectural training given that it is of no present or foreseeable benefit to the Office".
Keywords:
organisation's interest; payment; refusal; request by a party; training;
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