Cause of action (77,-666)
You searched for:
Keywords: Cause of action
Total judgments found: 286
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 | next >
Judgment 261
35th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The complaint does not relate to any non-observance by the organization of the complainant's terms of appointment and consequently this claim falls outside the Tribunal's jurisdiction. It is therefore unnecessary to consider whether or not it is time-barred."
Keywords:
breach; cause of action; claim; competence of tribunal; complaint; consequence; no cause of action; organisation; receivability of the complaint; terms of appointment; time bar;
Judgment 256
34th Session, 1975
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant attacks the issue of an attestation containing details of his recruitment and his private life to the lawyer of his former wife. The Tribunal rules that this is indeed a decision but in order for the claim to be receivable, the complainant "must [...] have an interest which is worth safeguarding. On that score there is no doubt."
Keywords:
cause of action; communication to third party; personal file; receivability of the complaint;
Consideration 6
Extract:
The complainant invites the Tribunal to declare that a confidential file has been compiled relating to him; he seeks to be allowed to consult the file and have it destroyed. "These claims are receivable since the complainant has an interest in ensuring that all the documents concerning him should be put in his personal file, to which he has free access under [the applicable provision]. Also receivable are the claims [asking for] a list of the documents to which he is denied access, those claims being implicitly included in his original claims for relief."
Keywords:
application for quashing; cause of action; claim; complainant; confidential evidence; disclosure of evidence; personal file; receivability of the complaint; request by a party;
Judgment 224
31st Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Insofar as [the complainant] is claiming compensation on account of circumstances or actions of the [organisation] subsequent to [the date of expiry of his contract], he had at [that time] severed all his ties with [the organisation] and the dossier shows no trace of action by [the organisation] subsequent to [the material date] which might have arisen out of previous action or caused further injury to a former staff member who was no longer employed by [the organisation]."
Keywords:
cause of action; consequence; lack of injury; locus standi; no cause of action; separation from service; subsequent fact;
Judgment 221
31st Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"A decision impugned is the foundation of the Tribunal's competence under its Statute; and if none is impugned, it has no competence."
Keywords:
cause of action; competence of tribunal; decision; iloat statute; no cause of action; receivability of the complaint;
Judgment 220
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The decision is one the complainant impugns insofar as it "affects him as a French national". Staff members of French nationality whose interests are identical, "accordingly have an interest in intervening [...] Their intervention is therefore receivable. Staff members [...] of Belgian and Luxembourg nationality, who are subject to different national laws and regulations, have not the same interests as [the complainant], and accordingly their intervention is not receivable."
Keywords:
cause of action; intervention; nationality; receivability of the complaint;
Considerations
Extract:
The complainant had never availed himself of the opportunity which was available to him under a former provision to transfer part of his remuneration. Yet "[...] he had a direct and personal interest in seeking the quashing of a decision which deprived him of that possibility."
Keywords:
administrative instruction; amendment to the rules; cause of action; decision; injury; provision; receivability of the complaint; staff regulations and rules;
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;
Judgment 196
29th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant seeks transfer to any D.1 post compatible with his qualifications and experience. As stated, the claim must be dismissed. "While [...] the complainant is entitled to resist the refusal to appoint him to a specific post which has been put up for competition, he cannot claim to be appointed to any D.1 post without the appointing authority having had the opportunity to appraise the various candidates who might have applied."
Keywords:
assignment; cause of action; no cause of action; receivability of the complaint; request for transfer;
Judgment 193
29th Session, 1972
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
None of the claims for compensation are sustainable "except as an element of damage flowing from some unlawful decision by the Director-General." In the present case, certain irregularities were committed and remedied; they were not of a character to invalidate the decision to transfer which the complainant did not contest at the time it was made. He also accepted a subsequent transfer. The complaint is dismissed.
Keywords:
acceptance; cause of action; flaw; lack of injury; no cause of action; purpose; transfer;
Judgment 189
28th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Whether the complainant did all that [could reasonably be expected of him] to comply with his obligations [under the rule respecting the submission of periodic reports in the event of illness] is open to doubt." The organization had offered to credit the complainant with four days' pay described as "special leave"; the complainant wanted "sick leave pay". The offer was sensible and reasonable and "the making of it left the claim without substance unless it could be said that some question of principle was involved. In the opinion of the Tribunal there is no such question."
Keywords:
cause of action; illness; lack of injury; no cause of action; offer; organisation; refusal; sick leave; special leave; staff member's duties;
Judgment 158
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Although the complainant's services terminated [...] as a result of his resignation, he was still entitled to challenge his grading during an earlier period."
Keywords:
cause of action; complaint; post classification; receivability of the complaint; resignation; separation from service;
Judgment 146
23rd Session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
After the complaint was lodged with the Tribunal, the Director-General reversed his decision to terminate the complainant's appointment and transferred him to headquarters until the date of expiry of his contract. "By this decision the Director-General over-ruled the impugned decision to terminate [his] appointment." The complainant has therefore lost his cause of action and the Tribunal need not entertain it.
Keywords:
case pending; cause of action; contract; fixed-term; no cause of action; settlement out of court; termination of employment; transfer;
Judgment 145
23rd Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The sole basis of the complaint is the fact that "one of [the complainant's] superiors made a marginal note which the complainant considers insulting on a routing slip attached to his leave card. This marginal note does not constitute a decision and, since it was written on a purely internal document [...] concerned [the complainant] alone and was in no way made public, it was not of a nature to cause the complainant any damage entitling him to any kind of compensation."
Keywords:
cause of action; complaint; lack of injury; no cause of action;
Judgment 126
20th Session, 1968
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The organization contends that the present complaint has become irrelevant because of the termination of the complainant's employment after the filing of the complaint. "But the legality of the decision to terminate, which is also attacked in a complaint before the Administrative Tribunal, depends on the disposal of the present complaint. Moreover, if the present complaint were held to be well founded, the complainant could claim damages even if her complaint concerning termination were to be dismissed."
Keywords:
cause of action; competence of tribunal; complaint; judicial review; receivability of the complaint; separation from service; termination of employment;
Judgment 102
17th Session, 1967
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The present complaint involves claims all of which "are unconnected with [the] complainant's professional interests and consist of wild assertions, and for this reason alone must be dismissed."
Keywords:
cause of action; no cause of action; vexatious complaint;
Judgment 101
17th Session, 1967
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
See Judgment 102, consideration 3.
Reference(s)
ILOAT Judgment(s): 102
Keywords:
cause of action; no cause of action; vexatious complaint;
Judgment 85
14th Session, 1965
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
A letter sent by the organisation to the complainant effectively rescinded the decision and therefore invalidated the appeal, insofar as it is directed against that decision. It also "gave [the complainant] an opportunity of choosing between three possible courses of action; on this point the letter itself involved no decision and could not therefore be submitted to the Administrative Tribunal."
Keywords:
cause of action; no cause of action; receivability of the complaint; settlement out of court;
Judgment 82
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The interveners [A and B], to whom [the] judgment [the application of which is requested] had awarded reimbursement of the expenses incurred by them, are holders of rights liable to be affected by the present judgment [...]. On the other hand, the interveners [X, Y and Z], insofar as they are acting on their own behalf, do not enjoy any right of that kind, and the staff association has no cause to intervene in the present proceedings. Their interventions are accordingly not receivable."
Reference(s)
ILOAT Judgment(s): 61
Keywords:
cause of action; injury; intervention; receivability of the complaint;
Consideration 3
Extract:
The complainant requests compensation for the prejudice suffered as a result of the delay by the organisation in giving effect to the judgment. Intervenors x,y and z, insofar as they are acting on their own behalf, do not enjoy any right liable to be affected by the present judgment; they are also acting on behalf of the staff, who have no cause to intervene in the present proceedings. Their interventions are accordingly not receivable.
Reference(s)
ILOAT Judgment(s): 61
Keywords:
cause of action; intervention; lack of injury; locus standi; no cause of action; receivability of the complaint; staff representative; staff union;
Consideration 1
Extract:
The complainant's submissions aimed at remedying the damage suffered through the delay on the part of the organisation in giving effect to the part of the judgment in question. They "thus bear upon the rights devolving directly from this judgment, delivered within the bounds of the competence of the Tribunal. The Tribunal is therefore competent to examine the new complaint [...] and, in particular, to judge whether it is appropriate to award compensation to remedy the damage caused by an infringement of those rights."
Reference(s)
ILOAT Judgment(s): 61
Keywords:
administrative delay; application for execution; cause of action; competence of tribunal; execution of judgment; injury; judgment of the tribunal;
Judgment 60
10th Session, 1962
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration II 2(A)
Extract:
The complainant has not suffered any financial prejudice. "On the other hand, the mere fact of belonging to a given grade does not carry any prestige value, unlike the use of a title, such as 'secretary' for instance [...]. Thus there is no moral prejudice."
Keywords:
cause of action; injury; lack of injury; moral injury; post classification; title of post;
Judgment 54
9th Session, 1961
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant had applied for the post [...] while still an official [of the organization], he is entitled to challenge the decision appointing another candidate to the post."
Keywords:
application for quashing; appointment; candidate; cause of action; competition; injury; internal candidate; locus standi; other;
Judgment 45
8th Session, 1960
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The letter in question "merely informed [the complainant] that at that stage of the proceedings the organization thought that no useful purpose would be served by continuing to correspond with her on any matters relating to her case except insofar as such correspondence related directly to the claims pending before the [appeals body]. There is nothing in that letter adversely affecting the rights of [the complainant]; consequently, it does not constitute an administrative decision that can be brought in issue before the Tribunal and the complaint is [...] not receivable."
Keywords:
cause of action; lack of injury; no cause of action; receivability of the complaint;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 | next >
|
