Language (768,-666)

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Keywords: Language
Total judgments found: 2

• Judgment 4451

  
  133rd Session, 2022
  International Fund for Agricultural Development
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the decision concerning her management-driven transfer.

  Consideration 3

  Extract:

  [T]he complainant appears to complain that the texts governing the conditions of service of IFAD officials, or “at least the main texts”, namely the Staff Rules and the Human Resources Implementing Procedures, are not available to those officials in the Tribunal’s two working languages and that they were sent to the Tribunal in English alone.
  The Tribunal observes that under Article 8(2)(b) of the Rules of the Tribunal, a defendant organisation before the Tribunal is only required to provide a translation into the language chosen for the proceedings by a complainant for “any text which is not in English or French”. Since the documents at issue are in English, IFAD cannot be required to produce a French version (see Judgment 4063, consideration 3).
  The Tribunal further notes that the complainant was recruited by IFAD as a bilingual Italian/English clerk-typist, that English was used by both parties during the administrative procedure of management-driven transfer and that the complainant herself lodged her internal appeal with the Joint Appeals Board using English. The Tribunal therefore fails to see how the submission of statutory texts in English could have actually been detrimental to the complainant.

  Reference(s)

  ILOAT Judgment(s): 4063
  

  Keywords:

  language;
  

  
  
  

• Judgment 2751

  
  105th Session, 2008
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 3 and 6

  Extract:

  "Statements made in legal proceedings are privileged, whether those statements are made in writing in the pleadings or orally in the course of a hearing. The consequence is that, even if defamatory, they cannot be the subject of legal proceedings or sanction. The privilege, sometimes referred to as 'in court privilege', exists, not for the benefit of the parties or their representatives, but because it is necessary for the proper determination of proceedings and the issues that arise in their course. In Judgment 1391 the Tribunal recognised that the privilege attaches to its proceedings, as well as those of internal appeal bodies. [...]
  [T]he Tribunal's consideration of the extent of the privilege that attaches to statements made in the course of internal appeal proceedings or proceedings before the Tribunal has concentrated on statements made by staff members. However, the privilege is the same in the case of statements made by or on behalf of defendant organisations, and they must be allowed a similar degree of freedom in what they say and the manner of its expression. Even so, a statement will constitute a perversion of a defendant organisation's right of reply if it is wholly irrelevant and it can only serve an improper purpose."

  Reference(s)

  ILOAT Judgment(s): 1391
  

  Keywords:

  abuse of power; breach; confidential evidence; consequence; disciplinary measure; formal requirements; freedom of speech; iloat; internal appeals body; judicial review; language; misuse of authority; official; oral proceedings; organisation; privileges and immunities; procedure before the tribunal; purpose; reply; respect for dignity; right; settlement out of court;