Formal requirements (78, 947,-666)
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Keywords: Formal requirements
Total judgments found: 107
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Judgment 4837
138th Session, 2024
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who separated from service, contests the placement in his personnel file of a letter stating that he was found to have committed sexual harassment during his employment and that, had he not separated from service, he would have been imposed the disciplinary measure of a final letter of warning.
Consideration 22
Extract:
The complainant’s claim to be awarded such other redress as the Tribunal deems necessary, just and fair should be rejected as it is too vague to be receivable (see, for example, Judgment 4602, consideration 8).
Reference(s)
ILOAT Judgment(s): 4602
Keywords:
formal requirements;
Judgment 4836
138th Session, 2024
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his non-selection for several positions.
Consideration 19
Extract:
The complainant’s claim to be awarded such other redress as the Tribunal deems necessary, just and fair should be rejected as it is too vague to be receivable (see, for example, Judgment 4602, consideration 8).
Reference(s)
ILOAT Judgment(s): 4602
Keywords:
formal requirements;
Judgment 4835
138th Session, 2024
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to rescind an offer of employment that had been extended to him, on the basis that he had been disciplined for sexual misconduct.
Consideration 11
Extract:
The complainant’s claim to be awarded such other redress as the Tribunal deems necessary, just and fair should be rejected as it is too vague to be receivable (see, for example, Judgment 4602, consideration 8).
Reference(s)
ILOAT Judgment(s): 4602
Keywords:
formal requirements;
Judgment 4834
138th Session, 2024
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-extension of his fixed-term appointment.
Consideration 16
Extract:
The complainant’s claim to be awarded such other redress as the Tribunal deems necessary, just and fair should be rejected as it is too vague to be receivable (see, for example, Judgment 4602, consideration 8).
Reference(s)
ILOAT Judgment(s): 4602
Keywords:
formal requirements;
Judgment 4796
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to deduct from the amount of the education allowance paid in respect of his child the remuneration received by the latter during an internship.
Consideration 16
Extract:
[A]lthough the complainant seeks the award of “any other relief which the Tribunal considers just and equitable”, a claim worded in this way is, in any event, too vague to be regarded as receivable (see, for example, Judgments 4719, consideration 7, 4602, consideration 8, and 550, consideration 10).
Reference(s)
ILOAT Judgment(s): 550, 4602, 4719
Keywords:
claim; formal requirements;
Judgment 4768
137th Session, 2024
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns what he refers to as decisions concerning Eurocontrol Agency’s reorganisation and his transfer following that reorganisation.
Consideration 8
Extract:
In respect of the complainant’s submission in [...] his rejoinder that compliance by Eurocontrol with its obligations “should take the form of the assignment of the post [in question]”, it must be noted that this request is not one of the claims formally set out by the complainant in his submissions.
Keywords:
claim; formal requirements;
Consideration 16
Extract:
The Tribunal finds that, as the complainant argues in his submissions, the delay of 23 months in reaching a decision on his internal complaint was clearly excessive and it was particularly unreasonable that the Director General did not take a decision until more than 10 months after the Joint Committee for Disputes had issued its opinion. As the complainant has not submitted any claim for damages under this head, no specific order will be made. However, the Tribunal wishes to point out to Eurocontrol that such a delay, which it does not convincingly justify in its submissions, is unacceptable.
Keywords:
claim; delay in internal procedure; formal requirements;
Judgment 4719
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his appraisal report for 2015.
Consideration 7
Extract:
The complainant’s claim [...] to be awarded such other relief as the Tribunal deems just, fair and equitable is too vague to be receivable (see, for example, Judgments 4602, consideration 8, and 550, consideration 10).
Reference(s)
ILOAT Judgment(s): 550, 4602
Keywords:
claim; formal requirements;
Judgment 4715
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his staff report for 2014.
Consideration 12
Extract:
The Tribunal has stated on a number of occasions, and recently with increasing frequency, that it is inappropriate to effectively incorporate by reference into the pleas before the Tribunal arguments, contentions and pleas found in other documents, often a document created for the purposes of internal review and appeal (see, for example, Judgment 3920, consideration 5, and the case law cited therein). The Tribunal would be entitled to disregard those contentions and pleas.
Reference(s)
ILOAT Judgment(s): 3920
Keywords:
complaint; formal requirements;
Judgment 4243
129th Session, 2020
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the dismissal of her complaint of discrimination and harassment.
Consideration 2
Extract:
WIPO challenges the receivability of the complaint on the grounds that it is directed against the Director General’s decision of 19 January 2016 and not against the Assistant Director General’s decision of 15 April 2016, which was the final decision. It is correct that in the complaint form the complainant only mentioned the Director General’s decision of 19 January 2016, but in her written submissions she also seeks the setting aside of the Assistant Director General’s decision of 15 April 2016.
The challenge to the receivability of the complaint therefore fails.
Keywords:
claim; formal requirements; receivability of the complaint;
Judgment 4210
129th Session, 2020
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss as irreceivable his claim for compensation for injury or illness attributable to service.
Consideration 8
Extract:
The fourth argument is that there had been procedural irregularities attending the ABCC’s consideration of his case on 24 May 2017 and 11 December 2017. This is founded on the fact that all members of the ABCC did not sign the minutes of the May and December 2017 meetings. The complainant does not point to any case law or staff rule or regulation that requires all members to sign. Moreover the mere fact that all members did not sign does not even arguably sustain an inference that the decisions actually made were not unanimous (see, for example, Judgments 1763, consideration 13, and 810, consideration 2).
Reference(s)
ILOAT Judgment(s): 810, 1763
Keywords:
formal flaw; formal requirements; internal appeals body; report; signature;
Judgment 4051
126th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss him for misconduct.
Consideration 3
Extract:
The Tribunal repeats its case law that arguments of fact and law must appear in the complaint itself, supplemented in the rejoinder, if necessary and “that those arguments may not consist of a mere reference to other documents, as that would be contrary to the [Tribunal’s] Rules and would render it difficult for the other party to clearly understand the complainant’s pleas [and that] such references are acceptable only as illustrations” (see, for example, Judgment 3434, under 5).
Reference(s)
ILOAT Judgment(s): 3434
Keywords:
complaint; formal requirements;
Judgment 3947
125th Session, 2018
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to terminate his fixed-term contract.
Consideration 9
Extract:
[P]aragraph 8 of [Instruction] IN/217 does not mandate notification to be in writing. The notification of the termination decision may have taken any form which informed the complainant of the subject decision (see Judgment 3505, consideration 8, and the judgments cited therein). Having been verbally notified of the termination decision on 1 March 2015, the complainant’s deadline for sending a request for review was 30 April 2015.
Reference(s)
ILOAT Judgment(s): 3505
Keywords:
decision; formal requirements; judicial review;
Judgment 3935
125th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant accuses his former supervisor of moral harassment.
Consideration 3
Extract:
UNESCO submits that the complaint is irreceivable on the grounds of its lack of intelligibility. [...] The Tribunal agrees with the Organization that both the structure and the drafting of the complainant’s submissions might have been clearer. However, the complaint is sufficiently intelligible to enable the other party to identify its essential purpose and the main pleas on which the complainant relies. The content of UNESCO’s reply demonstrates, moreover, that it was able to understand fully the complainant’s claims and pleas.
Following the practice it has developed through its case law dealing with this issue, the Tribunal will hence dismiss this objection to receivability (see, for example, Judgments 3298, under 16, or 3616, under 1).
Reference(s)
ILOAT Judgment(s): 3298, 3616
Keywords:
formal requirements; legal brief; receivability of the complaint;
Judgment 3920
125th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her fixed-term appointment pursuant to the abolition of her post.
Consideration 5
Extract:
The Tribunal has stated on a number of occasions, and recently with increasing frequency, that it is inappropriate to effectively incorporate by reference into the pleas before the Tribunal arguments, contentions and pleas found in other documents, often a document created for the purposes of internal review and appeal (see, for example, Judgments 3842, consideration 4, 3692, consideration 4, and 3434, consideration 5). In this matter, the Tribunal will only have regard to pleas in the complainant’s brief and rejoinder and will disregard any additional, supplementary or other pleas in the Statement of Appeal before the HBA.
Reference(s)
ILOAT Judgment(s): 3434, 3692, 3842
Keywords:
complaint; formal requirements;
Judgment 3432
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that the EPO breached its duty of care towards him and successfully impugns the decision to award him a compensation which he considers inadequate.
Consideration 3
Extract:
The complainant’s brief (without annexures) in the proceedings before the Tribunal comprises three pages. It is, at times, expressed in inappropriately colourful language. The brief effectively adopts the documented argument of the complainant in the internal appeal (a practice the Tribunal does not approve of) [...].
Keywords:
complaint; formal requirements; procedure before the tribunal; submissions;
Judgment 3260
116th Session, 2014
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: After divorce proceedings with serious financial consequences, the complainant challenges the refusal to refer to the General Council of the WTO the issue of compatibility between the judgment of the Swiss Federal Court against him and certain provisions of the Headquarters Agreement and the Pension Plan Regulations.
Consideration 31
Extract:
[T]he Tribunal notes that the disrespectful and overly aggressive language and the personal attacks found in the rejoinder have no place in pleadings before the Tribunal.
Keywords:
formal requirements; submissions;
Judgment 3225
115th Session, 2013
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully asks for her short-term contracts to be converted into fixed-term contracts.
Consideration 5
Extract:
"The complaint form was filed within the time limit specified in Article VII, paragraph 2, of the Statute of the Tribunal, albeit without the brief and supporting evidence which, according to Article 6, paragraph 1(b) and (c), of the Rules of the Tribunal, had to be appended to it. Contrary to [the defendant]’s submissions, this does not signify that the complaint was submitted out of time, since paragraph 2 of the above-mentioned article affords the complainant the possibility of correcting a complaint that does not meet the requirements of the Rules. In the instant case, the complaint was corrected on 30 March 2011, within the time limit set by the Registrar of the Tribunal."
Reference(s)
ILOAT reference: Article VII, paragraph 2, of the Statute; Article 6, paragraph 1(b) and (c), of the Rules
Keywords:
correction of complaint; date; formal requirements; iloat statute; time bar; time limit;
Judgment 3204
115th Session, 2013
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant claims moral damages for the Union’s failure to submit to its Council the matter of the recognition of same-sex marriages.
Consideration 9
Extract:
"It is settled by the Tribunal’s case law that, according to the rules of good faith, anyone who was a staff member of an organisation and to whom a promise was made, may expect that promise to be kept by the organisation. However, the right to fulfilment of the promise is conditional. One condition is that the promise should be substantive. Another is that the promise is from someone who is competent or deemed competent to make it. Yet another is that the breach should cause injury to the person who relies on the promise (see Judgment 782)."
Reference(s)
ILOAT Judgment(s): 782
Keywords:
condition; definition; duty of care; formal requirements; good faith; organisation's duties; promise; staff member's duties; staff member's interest;
Judgment 3191
114th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants successfully challenge a recruitment procedure which they considered as flawed.
Consideration 14
Extract:
"Regarding the contents of the vacancy notice, the confusion, to the extent there was some confusion among potential applicants, involved confusion about the interpretation of the Service Regulations and not the interpretation of the content of the vacancy notice itself. However, in these circumstances, where the EPO was aware of the confusion surrounding the interpretation of its Regulations, it was incumbent on the Administration to clarify the requirements for the position in the vacancy notice."
Keywords:
formal requirements; organisation's duties; staff member's interest; vacancy; vacancy notice;
Judgment 3120
113th Session, 2012
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
"The Tribunal is of the opinion that in principle, in the absence of specific rules or regulations governing the right of a staff member to access his or her own medical file, that right must be considered to comprehend the right to view and obtain copies of all records and notes in the file, and to add relevant notes to correct any part of the file considered wrong or incomplete. So stated, that right gives effect to the Organisation’s duty of transparency. [...] [I]t is clear from [Judgments 1684, 2045 and 2047] that, while there may be some cases in which it is not advisable to allow staff members to have full access to their medical file at a particular point in time (and the decision to deny access temporarily must be fully justified and reasonable), the right to transparency as well as the general principle of an individual’s right to access personal data concerning him or her mean that a staff member must be allowed full and unfettered access to his or her medical file and be provided with copies of the full file when requested (paying the associated costs as necessary). [...] It must be pointed out that the staff member’s right to add a note to his or her medical file with a view to correcting any aspect considered wrong or incomplete is consistent with the Organisation’s duty of transparency and with the right of that staff member to ensure the accuracy of his or her personal information."
Reference(s)
ILOAT Judgment(s): 1684, 2045, 2047
Keywords:
date; duty to inform; duty to substantiate decision; exception; formal requirements; general principle; medical records; no provision; official; organisation's duties; refusal; right;
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