Writing style of submissions (947,-666)

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Keywords: Writing style of submissions
Total judgments found: 2

• Judgment 4856

  
  138th Session, 2024
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the decision to dismiss him for misconduct.

  Consideration 2

  Extract:

  In challenging the impugned decision, the complainant refers to statements, submissions and/or arguments and explanations he submitted in the internal appeal procedure, attempting to incorporate by reference his pleadings in that procedure into the proceedings before the Tribunal. The Tribunal will not take them into consideration in this judgment. The case law makes it clear that it is not acceptable to incorporate by reference into the pleadings before the Tribunal arguments, contentions and pleas found in documents created for the purposes of internal review and appeal (see Judgment 4014, consideration 7, and the judgments cited therein). The Tribunal has also stated, in Judgment 2264, consideration 3(e), also referred to in Judgment 3434, consideration 5, for example, that this manner of proceeding is contrary to Article 6(1)(b) of its Rules and makes it impossible for it (the Tribunal) and the other party to understand the complainant’s pleas with sufficient ease and clarity.

  Reference(s)

  ILOAT Judgment(s): 2264, 3434, 4014
  

  Keywords:

  procedure before the tribunal; submissions; writing style of submissions;
  

  
  
  

• Judgment 4480

  
  133rd Session, 2022
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to grant her a personal promotion in the 2015 exercise.

  Consideration 20

  Extract:

  [R]egarding the language used in the parties’ respective pleadings, in which both the complainant and her counsel, on the one hand, and the ILO and its counsel, on the other hand, criticise each other and invite the Tribunal to sanction each other’s conduct, the Tribunal finds that, although each party has asserted its interests and defended its views in a manner that is at times extremely robust, the pleadings are not such as to warrant the imposition of a sanction or an award of damages or even exemplary damages. The Tribunal considers that, although their unnecessarily argumentative tone is regrettable, the parties’ pleadings do not exceed the bounds of the freedom of expression that they must be accorded during legal proceedings.

  Keywords:

  writing style of submissions;