Case sent back to organisation (130,-666)
You searched for:
Keywords: Case sent back to organisation
Total judgments found: 178
1, 2, 3, 4, 5, 6, 7, 8, 9 | next >
Judgment 5180
141st Session, 2026
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the EPO’s invalidity reforms.
Judgment keywords
Keywords:
acquired right; case sent back to organisation; complaint allowed; invalidity;
Judgment 5149
141st Session, 2026
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to issue him with a written reprimand.
Consideration 11
Extract:
“In the normal course of events, the Tribunal would remit the case to the FAO for the Appeals Committee to issue a fresh opinion. The Tribunal will do so in this case. The Tribunal will also order the FAO to remove the written reprimand from the complainant’s personnel file pending the final resolution of the matter. Whatever the outcome of the present dispute, the effect of the failure to properly examine the complainant’s internal appeal was to delay its final settlement. In the circumstances of the case, that failure has in itself caused the complainant moral injury which will be fairly redressed by ordering the Organization to pay him compensation of 3,000 United States dollars.”
Keywords:
case sent back to organisation; delay; internal appeal; moral damages; moral injury; right of appeal;
Consideration 10
Extract:
“The Tribunal has consistently stated, as it recalled in consideration 5 of Judgment 5003, for example, that an appeal body is wrong, when defining its own competence, to rely on the Tribunal’s case law concerning the Tribunal’s limited power of review and not to that of an internal appeal body. This, according to the Tribunal, is because internal appeal bodies are not administrative courts whose sole responsibility in principle is to review the lawfulness of decisions which are challenged, and that, ordinarily, the task of internal appeal bodies is to determine whether the decision under appeal is the correct decision or whether, based on the facts, some other decision should be made as its power extends to the overall re-examination of all matters submitted to them and is not subject to the same restrictions that might apply to the judicial review by the Tribunal. The only exception to this is if the rules governing the review body provide for such restrictions, which restriction is not provided for in the FAO’s rules. This error of law by the Appeals Committee is sufficient basis for setting aside the impugned decision without it being necessary to consider other grounds.”
Reference(s)
ILOAT Judgment(s): 5003
Keywords:
advisory body; case sent back to organisation; competence of tribunal; due process; internal appeals body; judicial review;
Judgment 5146
141st Session, 2026
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the FAO’s decisions to impose on him the disciplinary measure of summary dismissal for misconduct, and to include his name in Clear Check, the United Nations (UN) system-wide screening database created to prevent the rehire of perpetrators of sexual harassment.
Considerations 15-16
Extract:
“A right to an effective internal appeal is an important one. […] the role of an internal appeals body ordinarily involves a comprehensive review of the facts and, if appropriate, the consideration of fresh evidence. The complainant is entitled to an effective internal appeal, and the matter should be remitted to the FAO to enable his appeal to be heard by a freshly constituted Appeals Committee […]. The impugned decision should be set aside though, in the absence of an order of reinstatement, setting aside the impugned decision does not lead to the complainant’s re-engagement as a staff member of the Organization.
Whatever the outcome of the present dispute, the effect of the failure to properly examine the complainant’s internal appeal was to delay its final settlement. In the circumstances of the case, that failure has in itself caused the complainant moral injury which will be fairly redressed by ordering the Organization to pay him compensation of 5,000 United States dollars.”
Keywords:
case sent back to organisation; internal appeals body; judicial review; moral damages; moral injury; right of appeal; role of the tribunal;
Judgment 5119
141st Session, 2026
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests ITU’s decision to impose on him the disciplinary measure of dismissal with immediate effect.
Considerations 32-33
Extract:
“In these circumstances, it is therefore appropriate for the Tribunal, rather than directly determining the lawfulness of the dismissal decision […], to remit the case to ITU […].
It should be recalled that, as the Tribunal’s case law has long emphasized, the right to an internal appeal is a safeguard which international civil servants enjoy in addition to their right of appeal to a judicial authority […]. This is especially so in the situations where the Tribunal exercises only a limited power of review and will not supplant the organisation’s assessment with its own, whereas an appeal board can undertake a more comprehensive review and issue recommendations based on a different assessment or even on grounds of fairness or advisability.
The Tribunal adds this. [E]ven in the event that the internal appeal procedure does not result in a final settlement of the dispute, the proper consideration by the Appeal Board of the circumstances in which the decision was taken to dismiss the complainant will be of great assistance by allowing the Tribunal to have before it the findings of fact and the items of information, analysis and assessment resulting from the deliberations of that body. At the moment, these findings and determinations are unknown and missing.
[…] To be clear, this has, however, no bearing on the above findings of the Tribunal concerning the first, second, third and fourth pleas of the complainant that were held to be unfounded. These pleas related to alleged procedural flaws at the investigation or Disciplinary Chambers stages, not at the internal appeal stage. Regarding these pleas, the Tribunal can also rule upon them based on the record as it currently stands.”
Keywords:
case sent back to organisation; right of appeal; role of the tribunal;
Judgment 5110
141st Session, 2026
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who suffers from service-incurred injuries, contests the decision to deny full reimbursement for her laboratory test expenses.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; medical expenses; service-incurred;
Judgment 5102
141st Session, 2026
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to summarily dismiss him with immediate effect for serious misconduct.
Consideration 10
Extract:
The impugned decision will be set aside and the matter will be remitted to the ICC in order for it to decide whether to reject or accept the recommendations of the Disciplinary Advisory Board and to explain why.
Keywords:
case sent back to organisation; disciplinary body; disciplinary measure; duty to substantiate decision;
Judgment 4964
139th Session, 2025
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision, taken following an investigation, to dismiss her complaint of harassment and sexual harassment against Mr E.
Considerations 19-20
Extract:
As to the first claim seeking a further investigation, there is considerable merit in making such an order given the failings of the initial investigation upon which much of the subsequent decision-making was based, particularly having regard to the conclusions reached by the investigator and subsequently repeated, in substance by WAB and the Director General. However, the time when the relevant events occurred is now well and truly in the past. As the Tribunal said in Judgment 4035, consideration 4: “the Tribunal considers that it was […] no longer possible to conduct such an investigation, not only because the [person the subject of the allegations] had left the Organization, but also because of the time that had elapsed since the incidents in question, which in particular made it difficult to gather reliable testimony from witnesses as to whether those incidents occurred and how third parties may have perceived them. The Tribunal has already found in similar cases that […] it is not appropriate to order that an investigation be re-opened if that course would raise practical difficulties of this nature (see, for example […] Judgment 3639, [considerations] 8 to 10).” For similar reasons, no further investigation will be ordered in this matter. However, the complainant is entitled to compensation for the failure of the investigation process and the subsequent decision-making based on it. The Tribunal assesses moral damages for this in the sum of 25,000 Swiss francs.
Reference(s)
ILOAT Judgment(s): 3639
Keywords:
case sent back to organisation; harassment; investigation; moral damages; moral injury;
Judgment 4943
139th Session, 2025
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to summarily dismiss him on disciplinary grounds.
Consideration 6
Extract:
It would be open to the Tribunal to remit the matter to the FAO to enable the Director-General to determine whether the appeal should be dismissed or allowed and motivate that decision. If this course was followed then it would be appropriate for the Director-General to consider the various flaws, both procedural and substantive, alleged by the complainant in the consideration and determination of the charges against him and also to consider again the conclusions of the Appeals Committee. Moreover, the findings of the Appeals Committee cast real doubt on the original September 2018 decision to summarily dismiss the complainant for fraud and gross negligence. However, rather than perpetuating further consideration of the charges against the complainant by remitting the matter and given that the facts of the case date back a decade, it is appropriate for the Tribunal to bring the proceedings to finality and determine now what is the appropriate relief.
Keywords:
case sent back to organisation; flaw;
Judgment 4942
139th Session, 2025
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to dismiss him for misconduct.
Consideration 6
Extract:
It would be open to the Tribunal to remit the matter to the FAO to enable the Director-General to determine whether the appeal should be dismissed or allowed and motivate that decision. If this course was followed then it would be appropriate for the Director-General to consider the various flaws, both procedural and substantive, alleged by the complainant in the consideration and determination of the charges against him and also to consider again the conclusions of the Appeals Committee. Moreover, the findings of the Appeals Committee cast real doubt on the original September 2018 decision to summarily dismiss the complainant for fraud and gross negligence. However, rather than perpetuating further consideration of the charges against the complainant by remitting the matter and given that the facts of the case date back a decade, it is appropriate for the Tribunal to bring the proceedings to finality and determine now what is the appropriate relief.
Keywords:
case sent back to organisation; flaw;
Judgment 4915
139th Session, 2025
International Bureau of Weights and Measures
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the BIPM’s decision to close his harassment complaint and to reject his requests for compensation.
Consideration 9
Extract:
The complainant’s claim for material and moral damages may only be allowed, if the complainant prevails on his substantive pleas. Inasmuch as the present complaint succeeds on procedural grounds and the case will be remitted to the BIPM, his claim for material and moral damages remains in abeyance. At this stage, the complainant is entitled to moral damages only for the breach of due process stemming from the conflict of interest. The Tribunal deems it just and fair to award him 15,000 euros in moral damages in this respect.
Keywords:
breach; case sent back to organisation; conflict of interest; due process; material damages; moral damages;
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; conflict of interest; decision-maker; harassment; recusal;
Judgment 4839
138th Session, 2024
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject her sexual harassment claim.
Consideration 11
Extract:
Where the investigation into a harassment complaint is found to be flawed, the Tribunal will ordinarily remit the matter to the organisation concerned so that a new investigation can be conducted (see, for example, Judgment 4313, consideration 8). However, the complainant asks the Tribunal not to refer the matter back to IOM, but to award her material and moral damages. In view of this and the time that has elapsed, the Tribunal considers it inappropriate to refer the case back to IOM.
Reference(s)
ILOAT Judgment(s): 4313
Keywords:
case sent back to organisation; damages; flaw; investigation; material damages; moral damages; remand;
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 21
Extract:
As a result of the procedural flaw in the Appeals Commission’s process, the Tribunal will remit the matter to the Federation for a new consideration of the complainant’s internal appeal by a newly composed Appeals Commission.
Keywords:
case sent back to organisation; internal appeal; internal procedure;
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 18
Extract:
Situations will arise where it is appropriate to set aside the selection process and remit the matter to the Federation for it to conduct new selection competitions for the contested positions. This will however not be done in this case as it seems that no practical purpose will be served by doing so, given, particularly, that the complainant is no longer a staff member at the Federation.
Keywords:
case sent back to organisation; former official; selection procedure;
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 15
Extract:
[T]he complainant’s right to be heard [in the internal appeal procedure] was violated […] [T]he Tribunal will not remit the case to the Federation for the internal appeal to be reconsidered as it is satisfied that the reason provided for the non-renewal of the complainant’s contract is supported by the evidence in the record.
Keywords:
case sent back to organisation; non-renewal of contract;
Judgment 4829
138th Session, 2024
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to reject his compensation claim for service-incurred injury and illness as time-barred.
Consideration 12
Extract:
In light of the foregoing, the complainant’s claim for compensation will be remitted to the IAEA for the JABCC to consider whether the complainant’s injury is attributable to the performance of official duties and whether he is entitled to the payment of medical expenses and compensation resulting from such injury pursuant to Appendix D.
Keywords:
case sent back to organisation; claim; compensation; illness; injury; remand; service-incurred;
Judgment 4816
138th Session, 2024
South Centre
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the calculation of the compensation for the short notice, due by the South Centre, after the non-renewal of his short-term appointment as well as the calculation of his last salary.
Considerations 7-8
Extract:
The foregoing considerations lead the Tribunal not only to dismiss the organization’s objections to receivability and to find that the impugned decision was unlawful, but also to note that the complainant has been unduly deprived of the benefit of an internal procedure for which provision is made in the Staff Regulations of the South Centre. It should be noted that, as the Tribunal’s case law has long emphasised, the right to an internal appeal is a safeguard which international civil servants enjoy in addition to their right of appeal to a judicial authority. Consequently, save in cases where the staff member concerned forgoes the lodging of an internal appeal, an official should not in principle be denied the possibility of having the decision which she or he challenges effectively reviewed by the competent appeal body. The Tribunal recalls its statement, in consideration 4 of Judgment 4027, that an internal appeal body’s consideration of an appeal is vitally important and, in particular, enables the official to decide whether or not to bring further proceedings, notably before the Tribunal.
In the foregoing premises, the case will be remitted to the South Centre for the complainant’s internal appeal to be considered in compliance with Staff Regulation 11.2 and procedures set out in Annex VII cited in consideration 5 of this judgment, unless the case is settled in the meantime.
Reference(s)
ILOAT Judgment(s): 4027
Keywords:
case sent back to organisation; decision quashed; internal appeal; internal appeals body; right of appeal;
Judgment keywords
Keywords:
administrative decision; case sent back to organisation; compensation; competence; complaint allowed; decision quashed; internal appeal; internal appeals body; payslip; receivability of the complaint; right of appeal; safeguard;
Judgment 4808
137th Session, 2024
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the outcome of the investigation procedure conducted in respect of her harassment grievance and the resulting lack of compensation.
Consideration 13
Extract:
In the circumstances, the Tribunal should normally refer the matter to the Director-General in order for him to determine the redress that it would be appropriate to contemplate as compensation for the injury suffered by the complainant as a result of the harassment established. However, in view of the time that has elapsed and the fact that there is sufficient evidence and information in the file to enable the Tribunal to reach a decision on the nature of this redress and to properly assess the amount of compensation for moral injury claimed by the complainant, it would be inappropriate to do so in this case (see, for example, Judgments 4663, consideration 17, 4602, consideration 18, and 4471, consideration 20).
Reference(s)
ILOAT Judgment(s): 4471, 4602, 4663
Keywords:
case sent back to organisation; compensation; harassment; moral injury;
Judgment 4785
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for execution of Judgment 4429.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 4429
Keywords:
application for execution; case sent back to organisation; complaint dismissed;
Judgment 4739
137th Session, 2024
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the Global Fund’s decision to close his harassment complaint and not to provide him with a copy of the investigation report.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed in part; disclosure of evidence; due process; duty to inform about the investigation; investigation report; order to communicate a report;
Consideration 13
Extract:
In the present case, the Tribunal does not have sufficient information that would enable it to reach an informed decision on the complainant’s harassment complaint. The investigation report before the Tribunal is so heavily redacted that much of the documentation relevant to the allegation of harassment, namely the witness statements, is omitted. […] In these circumstances, the Tribunal considers it appropriate to refer the case back to the Global Fund so that (unless the case is settled in the meantime): (i) the Appeal Board shall carry out a new internal appeal process, in line with due process requirements (including by giving the complainant the opportunity to comment on the investigation report and the evidence gathered, redacted as appropriate to safeguard the interests of third parties, in order to challenge or rectify them); and (ii) the Executive Director shall take a new decision on the Appeal Board’s recommendation.
Keywords:
case sent back to organisation; due process; internal appeal;
Judgment 4708
136th Session, 2023
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for execution of Judgment 4480.
Consideration 6
Extract:
The Tribunal recalls that its judgments are “final and without appeal” under Article VI of its Statute, carry res judicata authority and are immediately operative. As they may not later be called into question except when an application for review is allowed, they must be executed by the parties as ruled. The parties must work together in good faith to execute judgments within a reasonable timeframe. Moreover, under the Tribunal’s case law, the application for execution may relate only to the execution of a judgment and not, for example, to the allegedly harmful consequences of the manner in which it was executed. When the Tribunal allows a complaint, sends the case back so that the organisation may resume or continue some procedure, and leaves it a degree of discretion, the new decision will ordinarily be subject to appeal, and in that case the internal remedies do have to be exhausted (see, for example, Judgment 1771, consideration 2(b)).
Reference(s)
ILOAT Judgment(s): 1771
Keywords:
application for execution; case sent back to organisation;
1, 2, 3, 4, 5, 6, 7, 8, 9 | next >
|
