Relief claimed (877,-666)

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Keywords: Relief claimed
Total judgments found: 8

• Judgment 4866

  
  138th Session, 2024
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to select her for the post of Senior Adviser, Human Rights and Law, following a competitive recruitment process.

  Consideration 3

  Extract:

  As it is not within the Tribunal’s competence to order an international organisation to make an appointment (see, for example, Judgments 4100, consideration 5, and 2299, consideration 7), the complainant’s request to the Tribunal to appoint her directly to the post with full retroactive effect is rejected.

  Reference(s)

  ILOAT Judgment(s): 2299, 4100
  

  Keywords:

  appointment; competence of tribunal; order; relief claimed;
  

  
  
  

• Judgment 4865

  
  138th Session, 2024
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to select her for the post of Senior Advisor, Gender Equality, following a competitive recruitment process.

  Consideration 2

  Extract:

  As it is not within the Tribunal’s competence to order an international organisation to make an appointment (see, for example, Judgments 4100, consideration 5, and 2299, consideration 7), the complainant’s request to the Tribunal to appoint her directly to the post with full retroactive effect is rejected.

  Reference(s)

  ILOAT Judgment(s): 2299, 4100
  

  Keywords:

  appointment; competence of tribunal; order; relief claimed;
  

  
  
  

• Judgment 4804

  
  137th Session, 2024
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the decision to reject his appeal seeking, in the main, moral damages for breach of confidentiality and defamation.

  Consideration 3

  Extract:

  [T]he Tribunal holds that […] the statement regarding a pending case lodged by the complainant was presented in a neutral way, with no negative comments. It was not a defamatory statement warranting relief, because it was truthful and did not tarnish the reputation of the complainant (see Judgment 4478, consideration 6).

  Reference(s)

  ILOAT Judgment(s): 4478
  

  Keywords:

  defamation; professional reputation; relief claimed;
  

  
  
  

• Judgment 4690

  
  136th Session, 2023
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to uphold his transfer to Budapest.

  Consideration 21

  Extract:

  The Tribunal now considers the relief claimed. The decision to transfer the complainant to Budapest did not respect the applicable rules (in the FAO Manual) and therefore, in this respect, was unlawful. The complainant requests that this transfer decision be quashed “with full retroactive effect, and all legal effects that flow therefrom”. No attempt is made to identify those legal effects. In any event, whether there remains an operative decision to transfer the complainant is now of no obvious legal or practical consequence, given that the transfer was effected, the complainant remained in Budapest in the post to which he had been transferred for almost two years, and the complainant has now retired and left the service of the FAO. In these circumstances, in accordance with Article VIII of the Statute of the Tribunal, the decision will not be quashed.

  Keywords:

  relief claimed; transfer;
  

  
  
  

• Judgment 4598

  
  135th Session, 2023
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to impose on her the disciplinary measure of loss of three steps in grade for her failure to observe the standards of conduct expected of staff members.

  Consideration 17

  Extract:

  The complainant seeks other relief, namely that the Tribunal declare Ms M.’s harassment complaint as frivolous and cancel the IOS report. This is relief the Tribunal cannot grant even if grounds for granting that relief were made out.

  Keywords:

  competence of tribunal; relief claimed;
  

  
  
  

• Judgment 4422

  
  132nd Session, 2021
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants are former permanent employees of the European Patent Office who challenge their January 2014 and subsequent payslips showing an increase in their pension contributions.

  Consideration 8

  Extract:

  Regarding the complainants’ subsidiary requests to order that decision CA/D 10/13 be no longer applied and that the EPO be ordered to apply the previous wording of the Pension Scheme Regulations, the effect of the Tribunal’s case law is that, if it is found that general decision CA/D 10/13 and the individual implementing decisions deducting the new pension contribution rate from the complainants’ relevant payslips are unlawful, the Tribunal can set aside the individual decisions and may grant consequential relief (see, for example, Judgment 2793, consideration 13, and the case law cited therein). However, if they are found to be lawful, it is not the Tribunal’s role to order that decision CA/D 10/13 be no longer applied and that the EPO be ordered to apply the previous wording of the Pension Scheme Regulations that governed their pension contribution rate (see Judgment 3538, consideration 5).

  Reference(s)

  ILOAT Judgment(s): 2793, 3538
  

  Keywords:

  general decision; pension; relief claimed;
  

  
  
  

• Judgment 4241

  
  129th Session, 2020
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complaint challenges the decision to dismiss her complaint of harassment as unsubstantiated.

  Consideration 4

  Extract:

  [T]he complainant [...] seeks an order that her harasser(s) be subjected to disciplinary sanctions for misconduct. The request is rejected as the imposition of such a measure lies outside of the Tribunal’s jurisdiction (see Judgment 3318, consideration 12).

  Reference(s)

  ILOAT Judgment(s): 3318
  

  Keywords:

  competence of tribunal; injunction; ratione materiae; relief claimed; request to subject someone to disciplinary proceedings;
  

  
  
  

• Judgment 2793

  
  106th Session, 2009
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 21

  Extract:

  Apart from his claim for the quashing of the impugned decision, which must therefore be dismissed, the complainant asks the Tribunal to order the amendment of sub-paragraph d) of Annex C to the Rules of the Pension Fund. Quite apart from the fact that this claim is equally unfounded, it is at all events irreceivable because the Tribunal has no jurisdiction to make such orders (see for example Judgments 1963 and 2244).

  Reference(s)

  ILOAT Judgment(s): 1963, 2244
  

  Keywords:

  competence of tribunal; relief claimed;