Request by a party (633, 795, 796,-666)
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Keywords: Request by a party
Total judgments found: 161
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Judgment 595
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant, whose contract was terminated for health reasons, declined to allow access to his medical file, he applies for an expert inquiry. "This claim [...] fails. The Tribunal is never bound to order such an inquiry". The Tribunal does not believe an inquiry necessary to ascertain the truth. "In coming to that view it is not making an appraisal of fact which is outside the competence of its members; this is no more than the consequence in law of the fact of the complainant's refusal to allow disclosure of the medical file."
Keywords:
complainant; expert inquiry; health reasons; medical examination; refusal; request by a party; termination of employment; termination of employment for health reasons; tribunal;
Summary
Extract:
During the proceedings, the organization invited the Tribunal to lift the obligation of professional secrecy to allow the Tribunal access to the complainant's medical file. The complainant declined to allow this and by order of the Tribunal, the application was rejected on the grounds that only a patient might release his physician from professional secrecy. After the exchange of briefs, the complainant expressed agreement with his medical file being made available to the Tribunal. The Tribunal disallowed the reopening of proceedings for the file to be submitted. The complainant's own attitude is responsible for no evidence of the temporary nature of his illness having been presented.
Keywords:
complainant; confidential evidence; disclosure of evidence; medical records; organisation; refusal; request by a party;
Judgment 558
50th Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The organisation is opposed to the disclosure of the report [on which the impugned decision is based] on the grounds that the report is an internal document not included in the items which the service regulations require to be put in a staff member's personal file. "There are two reasons why the complainant's application should succeed. First, it concerns a report which deals with the point in dispute and which has a bearing on the Tribunal's decision. Secondly, the impugned decision does not give the reasons set out in the report, even though it does not describe the report as confidential."
Keywords:
confidential evidence; disclosure of evidence; interlocutory order; order; report; request by a party;
Considerations 2-3
Extract:
"In the course of the written proceedings, the complainant applied to the President of the Tribunal for an order for the production of the report on which the impugned decision was based." Her application succeeds. "When in session the Tribunal itself will order measures of investigation, and the President has communicated the complainant's application to the Tribunal, which is holding its [...] session."
Keywords:
competence of tribunal; disclosure of evidence; interlocutory order; order; president of the tribunal; request by a party;
Judgment 557
50th Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3(C) and 4(C)
Extract:
The complainant is seeking the disclosure of all confidential minutes exchanged between the units of the administration. The organisation "maintains that there are no secret minutes besides those which have been filed in the dossier. The Tribunal accepts this, and [the relevant claim] therefore fails."
Keywords:
cause of action; confidential evidence; disclosure of evidence; interlocutory order; no cause of action; order; request by a party;
Considerations 3(B) and 4(B)
Extract:
"The complainant must be satisfied with the conclusions of the [...] Board as set out [in] the performance appraisal form. He has no right of access to texts produced for or by the Board." As stated in the material rule, "'the proceedings of the Board shall be regarded as secret'. If that were not so the Board could not act in full independence."
Keywords:
confidential evidence; disclosure of evidence; performance report; request by a party;
Considerations 3(D) and 4(D)
Extract:
The complainant is seeking an end to the harassment which he has suffered since filing his first complaint. "This claim is irreceivable since the complainant is seeking neither a 'measure of investigation' within the meaning of Article 11 of the Rules of court nor a measure 'intended to establish the existence of facts' within the meaning of Article 19."
Reference(s)
ILOAT reference: ARTICLES 11 AND 19 OF THE RULES
Keywords:
order; receivability of the complaint; request by a party;
Considerations 3(E) and 4(E)
Extract:
The complainant is seeking the disclosure of the appraisals of his colleagues. According to the Staff Regulations, "personal files shall be confidential. This provision is in the legitimate interests of staff members and its validity is beyond dispute. The complainant may not obtain the disclosure of the appraisal reports on his colleagues, which form part of their personal files."
Keywords:
confidential evidence; disclosure of evidence; personal file; request by a party;
Judgment 556
50th Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant is not entitled to consult any record of discussion by the Selection Board. "Members of selection boards would not feel free to discuss candidates independently in future if they were at risk of having their personal views divulged."
Keywords:
competition; confidential evidence; disclosure of evidence; interlocutory order; order; report; request by a party; selection board; selection procedure;
Judgment 550
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"In her rejoinder the complainant asks the Tribunal to hear this complaint together with another she has filed but in which the written proceedings are not completed. Thus she would like the Tribunal to postpone the hearing of this case." She subsequently suggests joining the two complaints with another yet to be filed. The Tribunal "will deliver a separate judgment on the present case, which raises distinct and quite separate issues, and it reserves its decision on the joinder of subsequent complaints."
Keywords:
complainant; complaint; joinder; refusal; request by a party; tribunal;
Consideration 3
Extract:
"On 7 May 1981 the chief of personnel gave a final decision on the claims[*] submitted by that date, but not on any which might be submitted later. The complainant did later make further claims but did not seek a final decision on them."
[*] concerning reimbursement of medical expenses
Keywords:
date; health insurance; internal remedies exhausted; medical expenses; receivability of the complaint; request by a party;
Judgment 544
50th Session, 1983
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The decision not to renew the complainant's appointment was notified to him more than ninety days before the date on which he filed the complaint. "However [...] he made a request [...] for the institution of disciplinary proceedings to dispel the suspicion which he believed he was under; and [...] he [subsequently] appealed to the Director-General against the failure to convince the Disciplinary Board. His ultimate purpose [...] was to have the decision of non-renewal set aside; in other words to challenge it." It would be unduly formalistic to make the time limit run from the date of the decision not to renew his appointment was notified.
Keywords:
complaint; date of notification; decision; disciplinary procedure; internal appeal; non-renewal of contract; receivability of the complaint; request by a party; start of time limit;
Judgment 540
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Staff Rules impose a duty on the organization to provide a staff member with clear and precise information on all charges of which he is accused. In particular the complainant should have been informed of the period during which the WHO alleges he submitted medical and education grant claims supported by forged or false documents. "It is not difficult to conceive of cases in which such an omission would constitute an irreparable flaw in the procedure laid down". In the particular circumstances of this case, the Tribunal did not find that there had been a breach of the Rules.
Keywords:
duty to substantiate decision; education expenses; medical expenses; misrepresentation; refund; request by a party; serious misconduct; termination of employment;
Judgment 522
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
For the jurisdiction of the Appeals Board to be waived, Staff Rules require the Director-General's consent, and no time limit is prescribed for his decision. "The just solution may be that, provided that the complainant is not dilatory in applying for the consent of the Director-General, time does not begin to run until after the Director-General has communicated his decision."
Keywords:
date of notification; decision; direct appeal to tribunal; request by a party; start of time limit;
Judgment 509
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"[The complainant's] claims for compensation are irreceivable because there is no previous decision."
Keywords:
condition; decision; receivability of the complaint; request by a party;
Judgment 476
47th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The right to a hearing means that "any official in dispute with the organization should [...] be allowed access to evidence which may serve in defending their interests and are not confidential." In this case "the complainant has not established or even suggested it likely that the files he wished to have disclosed would have supported his claims."
Keywords:
complainant; confidential evidence; disclosure of evidence; request by a party; right to reply;
Judgment 473
47th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
The request to repay pension contributions, made on the basis of a new national law, "runs counter to the express provisions of the Staff Regulations. To qualify under the provisions relating to the repayment of contributions, the transfer must be made when the official becomes established". The complaint is time-barred. Municipal law "cannot in itself give rise to rights enforceable against an international organisation nor retroactively lay obligations on it."
Keywords:
applicable law; domestic law; pension; pension entitlements; request by a party; staff regulations and rules; validation of service;
Judgment 458
46th Session, 1981
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
The complainant sought the Director-General's approval, required under the material provisions, for him to to appeal directly to the Tribunal. Having received no reply within the time limit he had given, the complainant considered that the organization's silence was to be taken as consent. But the Director-General was not bound to answer the complainant by the deadline he had arbitrarily set. Furthermore, he did not ask for the Director-General's agreement until after the expiry of the time limit for addressing an appeal: he should therefore have expected a refusal. The complaint is clearly irreceivable.
Keywords:
acceptance; direct appeal to tribunal; executive head; failure to answer claim; provision; request by a party; staff regulations and rules; time limit;
Judgment 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"To allow an application for review on the grounds of the Tribunal's legal reasoning would be to permit anyone who was dissatisfied with a decision to question it indefinitely in disregard of the principle of res judicata."
Reference(s)
ILOAT Judgment(s): 404
Keywords:
application for review; inadmissible grounds for review; judgment of the tribunal; mistake of law; request by a party; res judicata;
Judgment 431
45th Session, 1980
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1-2
Extract:
The complainant requests the disclosure of documents, copies of which he appends to his rejoinder; the organisation accuses him of procuring the copies in breach of the rules and common practice and asks that the copies be expunged. Two of the documents relate to questions of law which the Tribunal will settle proprio motu and questions of fact which the Tribunal will settle on the strength of other evidence. In the light of the written evidence and what was said at the hearings, the Tribunal will not take account of the three documents.
Keywords:
complainant; confidential evidence; disclosure of evidence; request by a party;
Judgment 412
44th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The material provision empowers the Director-General at his discretion to authorise officials to work half-time. "The reasons given for the application should be well founded, but this is not the only [requirement]: [...] the authorisation to work half-time should be fully in the interests of the [organisation]. In other words the Director-General enjoys wide discretion: he will exercise it first and foremost in the light of what the [organisation's] interests demand."
Keywords:
discretion; executive head; grounds; organisation's interest; part-time employment; request by a party;
Judgment 404
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The complainant objects to the organisation's refusal to disclose certain documents. But she fails to indicate what bearing the allegedly withheld documents may have had on the decisions she impugns, and her plea therefore fails."
Keywords:
complainant; decision; disclosure of evidence; effect; lack of injury; request by a party;
Consideration 12
Extract:
The complainant was aware of the existence and the conclusion of the report mentioned in the minutes. She should have asked for its disclosure shortly after learning of its existence and, if necessary, appealed to the Tribunal. "Being herself to blame for being ignorant of its contents, she cannot, long after it was written, argue on the grounds of such ignorance that all the decisions affecting her are null and void. Her attitude implies that she did not wish to consult the minute. In other words she surrendered her right to give her views."
Keywords:
complainant; disclosure of evidence; request by a party; time bar;
Judgment 379
42nd Session, 1979
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant requests compensation for missing documents. The Tribunal, without deciding on the receivability of the complaint or whether the organisation was at fault, notes that the organisation "has not caused him any material or moral prejudice entitling him to compensation. In any event, therefore, the complaint must be dismissed."
Keywords:
complainant; disclosure of evidence; lack of injury; personal file; request by a party;
Judgment 377
42nd Session, 1979
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Committee carried out a complete review of the complainant's case and thereby did what the Director-General asked it to do; it was empowered to dismiss as pointless or immaterial the complainant's applications for an inquiry and for the hearing of witnesses; its report answers all the arguments and adequately bears out its conclusions. There is no evidence of any procedural flaw.
Keywords:
complainant; inquiry; internal appeals body; investigation; oral proceedings; refusal; request by a party;
Judgment 333
40th Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant has applied for postponement of consideration of the case by the Tribunal. Her application is not based on any relevant grounds and is disallowed.
Keywords:
complainant; judgment of the tribunal; remand; request by a party;
Judgment 330
39th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant seeks disclosure of "'documents in his file which may have prompted his exclusion'. [...] For want of clearer information the Tribunal supposes that the documents the complainant means are his performance reports, but since he himself signed them he must have been fully aware of their contents."
Keywords:
cause of action; complainant; disclosure of evidence; no cause of action; personal file; request by a party; vague claim;
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