Legal assistance (872,-666)

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Keywords: Legal assistance
Total judgments found: 3

• Judgment 5122

  
  141st Session, 2026
  Organisation for the Prohibition of Chemical Weapons
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to impose upon him the disciplinary measure of written censure and to bar him from any future employment with the OPCW for alleged breaches of his confidentiality obligations.

  Consideration 17

  Extract:

  [U]nder the Tribunal’s case law, a complainant has no general right to legal representation in all circumstances during an investigation (see, for example, Judgment 2589, consideration 7). Moreover, there was no rule that mandated that a subject of an investigation was entitled to legal representation therein.

  Reference(s)

  ILOAT Judgment(s): 2589
  

  Keywords:

  investigation; legal assistance; right; rules of the organisation;
  

  Consideration 23

  Extract:

  [T]here was a requirement to observe due process at the disciplinary stage prior to the imposition of any sanction upon the complainant. Notably, Rule 10.2.03 of the OPCW Staff Regulations and Interim Staff Rules, then in force, under the heading “Due process”, stated, in effect, that no disciplinary proceedings may be instituted against a staff member unless he or she had been notified of the allegations against him or her, as well as the right to seek assistance in his or her defence, as well as be given a reasonable opportunity to respond to those allegations. These steps were not taken before the Director-General issued the disciplinary measures against the complainant in the letter of 7 February 2020 to the extent that the complainant was not provided with the charges. He was also not provided with a copy of the full investigation report, as was required by paragraph 1.18 of Part IX of the Policy on Confidentiality. The complainant’s right to due process before those measures were imposed upon him was thereby violated.

  Keywords:

  disciplinary charges; disciplinary measure; disciplinary procedure; disclosure of evidence; due process; investigation report; legal assistance; notification of allegations; patere legem; right; rules of the organisation;
  

  
  
  

• Judgment 5104

  
  141st Session, 2026
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the decision to reject as time-barred her compensation claim for illness attributable to the performance of official duties.

  Consideration 6

  Extract:

  The complainant is also entitled to costs. As she was represented by the Lawyer and Legal Consultant for the ILO Staff Union, she will be awarded 1,000 euros.

  Keywords:

  costs; counsel; legal assistance; staff union;
  

  
  
  

• Judgment 4221

  
  129th Session, 2020
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the rejection of her request for reclassification of her post.

  Consideration 17

  Extract:

  The complainant seeks damages on the ground that her right to a fair trial and to professional legal help during the desk audit or before the Appeals Board was breached. This claim is unfounded. There is no regulatory provision or statement in the case law that makes it mandatory that a staff member be represented by counsel either during the conduct of a desk audit or in the internal appeal proceedings (see, for example, Judgments 995, consideration 5, 1763, consideration 10, 1817, consideration 8, and 2660, consideration 8).

  Reference(s)

  ILOAT Judgment(s): 995, 1763, 1817, 2660
  

  Keywords:

  desk audit; due process; internal appeals body; legal assistance;