Final decision (657, 27, 28, 30, 545,-666)
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Keywords: Final decision
Total judgments found: 86
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Judgment 3700
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the EPO’s refusal to provide him with a copy of the opinion of the Appeals Committee in relation to the internal appeal he had filed at the same time as the opinion was provided to the President of the Office.
Consideration 14
Extract:
According to the Tribunal’s case law, “[o]rdinarily, the process of decision-making involves a series of steps or findings which lead to a final decision. Those steps or findings do not constitute a decision, much less a final decision. They may be attacked as part of a challenge to the final decision but they themselves, cannot be the subject of a complaint to the Tribunal.” (See Judgment 2366, under 16, confirmed in Judgments 3433, under 19, and 3512, under 3.)
Reference(s)
ILOAT Judgment(s): 2366, 3433, 3512
Keywords:
final decision;
Judgment keywords
Keywords:
complaint dismissed; final decision;
Judgment 3697
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to reject his internal appeal against the written notification issued to him by his Director in the context of the performance appraisal process.
Judgment keywords
Keywords:
complaint dismissed; final decision; performance report;
Judgment 3695
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the EPO’s rejection of his two internal appeals against the Ombudsman’s failure to follow the formal procedure in respect of his harassment complaint and against the President’s decision to reject that harassment complaint.
Consideration 8
Extract:
It is open to the Tribunal to treat the express decision as replacing the implied decision (see for example Judgment 3184, consideration 3), on the basis that the belated express decision is the decision the Tribunal should consider (see Judgment 3161, considerations 1 and 2). However, if the express decision is only provided by the defendant organization in its surrejoinder (as happened in this case) then the Tribunal needs to ensure that the complainant has an opportunity to comment on that decision in appropriate cases to ensure that the complainant is afforded procedural fairness.
Reference(s)
ILOAT Judgment(s): 3161, 3184
Keywords:
express decision; final decision; surrejoinder;
Consideration 9
Extract:
An executive head of an organisation has a duty to substantiate a final decision departing from the recommendations of an appeal committee (see, for example, Judgments 2339, consideration 5, 2699, consideration 24, and 3208, consideration 11).
Reference(s)
ILOAT Judgment(s): 2339, 2699, 3208
Keywords:
final decision; motivation; motivation of final decision;
Judgment 3691
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the salary deductions made following their participation in strikes.
Consideration 7
Extract:
[I]t should be noted that a pending internal appeal does not suspend the decision in question and, regardless of the
outcome of the appeal, the opinion of the IAC is not binding and the President retains the right to take a final decision on the matter as she or he sees fit. The mere fact that the final decision [...] may be unlawful does not mean that the decision was arbitrary.
Keywords:
final decision;
Judgment 3681
122nd Session, 2016
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish his position and to terminate his contract, as well as the compensation that was awarded to him in consequence thereof.
Consideration 2
Extract:
The complaint is directed against an e-mail of 30 August 2012 in which the defendant reminded the complainant of the decision of 5 July 2012 providing him with a breakdown of his termination entitlements. However, this e-mail did not constitute a new decision as it merely confirmed the decision of 5 July. Hence, the dispatch of this e-mail did not re-open the time limit for appealing against the [contested] decision [...] (see Judgment 2790, under 8, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 2790
Keywords:
final decision; time bar;
Judgment 3668
122nd Session, 2016
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to award him the disability-related compensation foreseen by Appendix D to UNIDO Staff Rules.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; final decision; illness; service-incurred;
Judgment 3640
122nd Session, 2016
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the disciplinary measure of his summary dismissal in the wake of a sexual harassment complaint filed against him by one of his colleagues.
Consideration 12
Extract:
[I]t must be emphasised that by no means will a mistake in the opinion of a joint appeal body necessarily render unlawful the administrative decision taken in the light of that opinion.
Keywords:
final decision; internal appeal;
Judgment 3638
122nd Session, 2016
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns UNESCO’s implied rejection of his claim for reimbursement at the rate of 100 per cent of medical expenses related to a service-incurred injury.
Consideration 4
Extract:
The fact that some of the complainant’s medical expenses have not yet been reimbursed at the 100 per cent rate is not a decision, much less a final one. As UNESCO has convincingly submitted, full reimbursement is pending submission by the complainant of all documentation.
Keywords:
final decision;
Judgment 3581
121st Session, 2016
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to summarily dismiss her for serious misconduct.
Consideration 4
Extract:
"It is not uncommon for a complainant to have been adversely affected by two or more administrative decisions in succession, often months or longer apart, where each decision, not being merely a step in a process, is amenable of both internal appeal and ultimately complaint to the Tribunal. Sometimes complainants elect to challenge the last of the administrative decisions but not earlier administrative decisions. One comparatively recent example of this is found in Judgment 3439."
Reference(s)
ILOAT Judgment(s): 3439
Keywords:
final decision; time bar;
Judgment 3560
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: As the impugned decision is not a final decision, the complaint is clearly irreceivable and it is summarily dismissed.
Judgment keywords
Keywords:
complaint dismissed; final decision; summary procedure;
Judgment 3552
120th Session, 2015
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: As the complaint is clearly irreceivable, it is summarily dismissed.
Judgment keywords
Keywords:
complaint dismissed; final decision; summary procedure;
Judgment 3512
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges a warning letter from his reporting officer, warning him that he was at risk of receiving markings of less than "good" in his forthcoming staff report.
Consideration 3
Extract:
"A series of steps or findings which lead to a final decision may be attacked as part of a challenge to the final decision, but they themselves cannot be the subject of a complaint to the Tribunal (see Judgments 2366, under 16, and 3433, under 9)."
Reference(s)
ILOAT Judgment(s): 2366, 3433
Keywords:
final decision;
Consideration 2
Extract:
"The complaint is irreceivable ratione materiae. The complainant essentially contests a warning letter, which warned him that he was at risk of receiving a marking of less than “good” under three headings in his staff report […], if he did not improve within the following five months. The warning letter […] is not a final decision adversely affecting the complainant within the meaning of Article VII, paragraph 1, of the Statute of the Tribunal. The letter constituted a step in the procedure which leads to the drafting of the staff report and ends with the final confirmation of the report. The warning letter as prescribed in Circular No. 246 is meant to alert an employee to the risk of receiving a marking of less than “good” on their forthcoming staff report and to give them adequate time to improve and hence avoid such a marking. The complainant could not therefore rely on Article VII, paragraph 3, of the Tribunal’s Statute to file a complaint against the refusal to withdraw the warning letter."
Keywords:
final decision;
Judgment 3490
120th Session, 2015
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to grant her request for retroactive reclassification of her former post.
Consideration 18
Extract:
"It follows from the JAB’s failure to obtain and consider evidence central to the claim that its conclusion and recommendation are tainted by an error of law. As the Director General adopted the conclusion and accepted the recommendation, his decision is also tainted by an error of law (see Judgment 2742, under 40)."
Reference(s)
ILOAT Judgment(s): 2742
Keywords:
discretion; disregard of essential fact; final decision; mistake of law;
Judgment 3489
120th Session, 2015
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision that his 2010 Performance Review Report shall be redone from the beginning and that a decision regarding an amendment to his contract extension from three to five years will be contingent on the outcome of the new Report.
Consideration 8
Extract:
"Consistent precedents hold that inasmuch as the right to an internal appeal is a safeguard enjoyed by international civil servants, the ultimate decision-maker cannot depart from the conclusions and recommendations of the internal appeal body without giving adequate reasons for her or his decision (see Judgments 2699, under 24, 2833, under 4, 3208, under 11, and 3361, under 14)."
Reference(s)
ILOAT Judgment(s): 2699, 2833, 3208, 3361
Keywords:
final decision;
Judgment 3433
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully impugns the decision to reject his appeals concerning warning letters he received in relation to his staff report.
Consideration 9
Extract:
"“Ordinarily, the process of decision-making involves a series of steps or findings which lead to a final decision. Those steps or findings do not constitute a decision, much less a final decision. They may be attacked as a part of a challenge to the final decision but they, themselves, cannot be the subject of a complaint to the Tribunal.” (See Judgment 2366, under 16.) Consequently, the complaint is irreceivable in accordance with Article VII, paragraph 1, of the Tribunal’s Statute."
Reference(s)
ILOAT Judgment(s): 2366
Keywords:
absence of final decision; final decision;
Consideration 7
Extract:
"The Tribunal considers that the two warnings are not final decisions adversely affecting the complainant; they must be considered as acts, or steps, of an administrative procedure which could lead to a final decision."
Keywords:
absence of final decision; final decision;
Judgment 3325
117th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint against a decision of the Chairman of the Internal Appeals Committee is irreceivable on the grounds that this decision is not a final one.
Judgment keywords
Keywords:
complaint dismissed; final decision;
Judgment 3181
114th Session, 2013
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant relies on the precedent established in Judgment 2782 to claim interest for late payment of a back pay.
Judgment keywords
Keywords:
case law; complaint dismissed; final decision;
Judgment 3164
114th Session, 2013
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the rejection of her request for a transfer, alleging harassment.
Consideration 7(b)
Extract:
"[T]he complainant is justified in requesting the setting aside of a decision accepting the Board’s recommendations which has not been implemented."
Keywords:
decision; final decision; impugned decision; internal appeals body;
Judgment 3161
114th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to transfer him which, in his view, violates his status as an employee.
Consideration 1
Extract:
The complaint to this Tribunal was filed on 29 October 2009. At that time, the President of the EPO had not taken a decision on the recommendations that the Internal Appeals Committee made in its report of 8 June 2009 on the complainant’s appeal against the decision to transfer him. More than sixty days had elapsed since the recommendations were made. Thus, the complainant was apparently exercising the right conferred by Article VII, paragraph 3, of the Statute of the Tribunal in filing his complaint. If so, the subject matter of the complaint would have been, at the time of filing, an implied decision of the President of the EPO to reject the recommendations of the Committee.
Keywords:
final decision; implied rejection of internal appeal;
Judgment 3053
112th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Where the only body competent to hear an appeal declines jurisdiction, a decision to that effect is a final decision that may properly be the subject of a complaint to the Tribunal."
Keywords:
final decision; internal appeal; internal appeals body; internal remedies exhausted;
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