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Judgment

Category

Case No. 1 of the Administrative Tribunal, 6 July 1992 (PDF, 107kb) - The applicant asked the Tribunal to award compensation for withdrawal of the expatriation allowance which had been allocated on the basis of an express agreement.

Expatriation allowance

No. 2: Withdrawn

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Case No. 3 of the Administrative Tribunal, 7 May 1993 (PDF, 110kb) - The applicant challenged the termination of his appointment due to his lack of the qualifications required to satisfy the changing technical needs of the job.

Termination of appointment

Cases No. 4-7 of the Administrative Tribunal, 16 December 1993 (PDF, 111kb) - The applicants challenged the method of calculating the new salary scales for B and C grade staff in which account was taken of the contributions paid by French employees for unemployment insurance.

Salary scales

 

Case No. 8 of the Administrative Tribunal, 20 December 1993 (PDF, 121kb) - The Staff Association requested the reimbursement of expenses it had incurred in the defence of the interests of staff members.

Staff Association

Case No. 9 of the Administrative Tribunal, 9 May 1994 (PDF, 109kb) - The applicant, who had taken early retirement, asked for compensation for an administrative error concerning payment of an indemnity corresponding to the period of notice.

Resignation

 

Case No. 10 of the Administrative Tribunal, 9 May 1994 (PDF, 99kb) - The applicant filed an appeal for rectification in respect of the Judgment in case No. 8 which did not address the request for reimbursement of costs.

Appeal

No. 11: Withdrawn

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Case No. 12 of the Administrative Tribunal, 9 May 1994 (PDF, 108kb) - The applicant filed an appeal for rectification in respect of the judgment in Cases Nos. 4-7. This gave rise to a counter-claim from the defendants who asked for interest for late payment on the sums due under that Judgment.

Appeal

Case No. 13 of the Administrative Tribunal, 22 December 1994 (PDF, 114kb) - The applicant requested the removal from her personal file of documents criticising her behaviour and forming part of a formal disciplinary action.

Discipline

No. 14: Withdrawn

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Case No. 15 of the Administrative Tribunal, 17 November 1995 (PDF, 110kb) - The applicant, who had requested reinstatement following a period of non-active status for medical reasons, challenged the decision to terminate her appointment taken on the ground that there was no suitable vacant post available.

Termination of appointment

Case No. 16 of the Administrative Tribunal, 5 February 1996 (PDF, 110kb) - The applicant requested payment of the residence allowance and asked the Tribunal to make use of the provision allowing it, “in exceptional cases”, to declare admissible an application filed after expiry of the time limit.

Time limits

Case No. 17 of the Administrative Tribunal, 9 February 1996 (PDF, 109kb) - The applicant requested payment of the expatriation allowance based on an alleged “continuous residence” outside France for the requisite number of years prior to her appointment.

Expatriation allowance

No. 18: 10 February 2007 (PDF, 117kb) - The applicant requested a capital sum in addition to an invalidity pension and asked for a new meeting of the Invalidity Board to be held in conditions guaranteeing compliance with the principles of law applicable.

Invalidity

No. 19: 10 February 2007 (PDF, 109kb) - An unsuccessful candidate for promotion challenged the regularity of the procedure followed before the Joint Advisory Board on the ground that the Secretary-General had refused to communicate to it the opinion of the selection panel.

Irregular procedure

No: 20: 25 June 2007 (PDF, 109kb) - The applicant challenged the termination of his appointment following suppression of his post, alleging prejudice arising from delays in establishing his performance appraisal reports.

Termination of appointment

Irregular procedure

No. 21: 25 June 2007 (PDF, 109kb) - The applicant, whose post had been suppressed and who was offered an invalidity pension, no causal link between the two having been established, asked for a letter of apology and for compensation for moral prejudice.

Termination of appointment

Irregular procedure

Invalidity

No. 22: 25 June 2007 (PDF, 65kb) - The applicant alleged that the Organisation had mismanaged the Provident Fund.  The Tribunal had first of all to decide whether it had jurisdiction to hear the case.

Compensation

No. 23: 25 June 2007 (PDF, 62kb) - The applicant challenged the refusal to grant her the expatriation allowance based on her length of residence in France at the date of her current (not first) appointment.

Expatriation allowance

Nos. 24-25: 25 June 1997 (PDF, 117kb) - The applicants alleged that the Council Decision postponing the adjustment of salaries/pensions on the grounds of “exceptional budgetary constraints” in the Organisation was illegal.

Adjustment of salaries/pensions

No. 26: Withdrawn

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No. 27: 15 December 1997 (PDF, 157kb) - The applicant, basing her argument on the definition of “residence”, challenged the Organisation’s refusal to grant her the expatriation allowance.

Expatriation allowance

No. 28: 12 December 1997 (PDF, 148kb) - The applicant challenged the amount of the indemnity for loss of employment to which she was entitled under new rules.

Termination of appointment

No. 29: 27 March 1998 (PDF, 170kb) - The applicant, who had been suspended first with, then without pay, challenged the disciplinary proceedings on the ground that the adversarial principle had been breached.

Discipline

Irregular procedure

No. 30: 27 March 1998 (PDF, 168kb) - The applicant challenged the decision not to renew his contract based on his behaviour.

Non-renewal of contract

No. 31: 18 June 1998 (PDF, 164kb) - Following an altercation between colleagues outside work premises, the applicant resigned, alleging that the Organisation had failed in its duty of protection and requesting compensation for material and moral prejudice.

Resignation

No. 32: 18 June 1998 (PDF, 156kb) - The applicant challenged the ground for terminating his appointment in circumstances, as claimed by the Organisation, analogous to a post suppression.

Termination of appointment

No. 33: 9 December 1998 (PDF, 157kb) - The applicant, alleging procedural irregularities, asked the Tribunal to annul the decision to terminate his appointment following suppression of his post and after an unsuccessful probationary period in another post.

Termination of appointment

Irregular procedure

No. 34: 18 March 1999 (PDF, 149kb) - The applicant, whose post had been suppressed, alleged that he had suffered prejudice as a result of a letter sent by a senior OECD official to the German Delegation to the OECD wondering about the objectivity of a report the applicant had been commissioned to prepare for the German Finance Ministry.

Irregular procedure

No. 35: 21 June 1999 (PDF, 212kb) - In a case involving occupational exposure to asbestos, the Tribunal had to decide which rules were applicable and whether the Organisation was guilty of intentional or inexcusable negligence.

Invalidity

No. 36: 21 June 1999 (PDF, 176kb) - The applicant asked for compensation for the moral prejudice he claimed to have suffered by reason of his apprehension about the presence of asbestos in the Organisation’s premises.

Invalidity

No. 37: 9 December 1998 (PDF, 150kb) - The Secretary-General decided not to reinstate the applicant following the Tribunal’s judgment in Case No. 32, and asked the Tribunal to fix instead an amount of compensation.  The Tribunal also determined the modalities of payment.

Compensation

No. 38: 21 June 1999 (PDF, 193kb) - Given the doubt arising from the opinion of the Medical Board about whether the applicant, who had been occupationally exposed to asbestos, was entitled to an invalidity pension, the Tribunal ordered a new expert appraisal.

Invalidity

No. 38 (continuation): 14 March 2000 (PDF, 152kb) - Following the new expert appraisal ordered by the Tribunal in Case No. 38, the Tribunal had to decide whether the applicant met the conditions of entitlement to an invalidity pension.

Invalidity

No. 39: 21 June 1999 (PDF, 158kb) - The Tribunal had to decide on the rules applicable and procedure to be followed in a request for compensation for prejudice suffered by reason of an occupational disease (alleged exposure to asbestos).

Compensation

No. 40: 21 June 1999 (PDF, 147kb) - The applicant, whose appointment was terminated because there was no suitable post available following a period on non-active status for medical reasons, requested compensation. The Tribunal had to decide on the consequences of a change in the relevant provisions of the Staff Regulations.

Termination of appointment

No. 41: 15 October 1999 (PDF, 152kb) - The applicant challenged the Secretary-General’s decision to suppress her post and place her on special leave, and asked for compensation for material and moral prejudice caused by the errors committed by the Administration.

Termination of appointment

Time limits

No. 42: 15 October 1999 (PDF, 222kb) - The applicant filed an appeal for interpretation of the term “salary” for the purposes of executing the Tribunal’s judgment in Case No. 37.

Appeal

Compensation

Nos. 43-46: 16 March 2000 (PDF, 181kb) - Four officials of the International Energy Agency challenged the refusal of their applications to benefit from the Special Departure and Renewal Programme.

Resignation

Compensation

No. 47: 16 June 2000 (PDF, 143kb) - The applicant challenged the Secretary-General’s decision to suspend her on salary pending completion of a disciplinary action for a service-connected fault.

Discipline

No. 48: This case was closed, the applicant having abandoned the procedure.

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No. 49: 8 March 2001 (PDF, 165kb) - The applicant challenged the Secretary-General’s decision, notified to him when he was on sick leave, to terminate his appointment following the suppression of his post. The Tribunal discussed the admissibility of the application.

Termination of appointment

No. 50: 8 March 2001 (PDF, 168kb) - The applicant, a pensioner, challenged the application of the “affordability” clause to the adjustment of his pension.

Adjustment of salaries/pensions

No. 51: 21 December 2001 (PDF, 103kb) - The applicant decided not to seek renewal of his contract because the Secretary-General refused to withdraw a letter reprimanding him for his professional conduct, a letter to which wide publicity had been given. He then asked the Tribunal to consider his resignation as equivalent to unfair dismissal.

Resignation

Discipline

No. 52: 18 April 2002 (PDF, 222kb) - The applicant challenged the legality of the decision to terminate her appointment, arguing that she did indeed possess, or could easily acquire, the additional qualifications attaching to her new job description after restructuring.

Termination of appointment

No. 53: 18 April 2002 (PDF, 167kb) - The applicant, who had refused to take up duty in the post to which she was transferred, challenged the resulting decision to dismiss her. The Tribunal discussed the admissibility of some of the submissions.

Discipline

Termination of appointment

Irregular procedure

No. 54: 18 April 2002 (PDF, 186kb) - The applicant asked the Tribunal to rule that the theoretical duration of his notice period, following the suppression of his post, should be taken into account in calculating his paid leave and also for the amount of his leaving allowance and pension. The Tribunal discussed the admissibility of the various submissions.

Termination of appointment

Time limits

No. 55: 6 June 2002 (PDF, 141kb) - The applicant challenged the Secretary-General’s decision that in view of the applicant’s style of management, it was not in the Organisation’s interest to renew his contract.
Non-renewal of contract
No. 56: 30 March 2004 (PDF, 160kb) - The applicant challenged the decision to terminate her appointment following the suppression of her post and in the absence of any suitable vacant post.

Termination of appointment

Work accident
No. 57: 2 December 2004 (PDF, 170kb) - The applicant challenged the decision by the Secretary-General not to withdraw or modify the decision of the Governing Board of the IEA refusing to compensate the applicant for loss of national pension income. The Tribunal discussed its jurisdiction in relation to the principal and subsidiary claims submitted by the applicant.

Compensation

No. 58: 7 April 2005 (PDF, 137kb) - The applicant challenged the Secretary-General’s decision to suspend him with pay pending the outcome of disciplinary proceedings.

Discipline

Irregular procedure

No. 59: 17 March 2005 (PDF, 80kb) - The applicant challenged the Secretary-General’s decision to issue him with a warning following an altercation on the Organisation’s premises between the applicant and an employee of an outside firm.

Discipline

No. 60: 7 March 2006 (PDF, 102kb) - The applicant challenged the Secretary-General’s invocation of jurisdictional immunity for three officials against whom the applicant had brought criminal proceedings in the French courts. The Tribunal discussed whether it had jurisdiction to hear the application.

Jurisdictional immunity
No. 61: 7 March 2006 (PDF, 267kb) - The applicant – the same as in Case No. 58 - challenged the Secretary-General’s decision to dismiss him for misconduct. The Tribunal also had to assess the amount of damages flowing from the Judgment in Case No. 58.

Discipline

Termination of appointment

 

No. 62: Withdrawn

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No. 63: 24 February 2009 (PDF, 238kb) - The applicant asked for compensation for the prejudice she claimed to have suffered as a result of harassment and of decisions refusing her requests for promotion. The Tribunal discussed the admissibility of the application.

Time limits

Compensation

Invalidity

No. 64: 24 February 2009 (PDF, 213kb) - The applicant challenged the Secretary-General’s decision not to renew his contract because of a reorganisation of the applicant’s Service and of doubts about his administrative skills. The Tribunal discussed the admissibility of the application.
Non-renewal of contract

No. 65: 28 May 2009 (PDF, 268kb) - The applicant challenged the Secretary-General’s decision not to take any further action on her complaint of having been subjected to harassment by several of her colleagues.

Irregular procedure

No. 66: 12 April 2010 (PDF, 275kb) - The applicant challenged the reduction of the household allowance of his OECD pension on the ground that he was also receiving a pension, including household allowance, from the Council of Europe Bank.

Household allowance

Adjustment of salaries/pensions

No. 67: 23 March 2010 (PDF, 212kb) - The applicant alleged that the decision not to renew her contract was tainted by discrimination based on the state of her health.  The Tribunal discussed the admissibility of the application.

Non-renewal of contract

Time limits

Work accident

No. 68: 15 March 2011 (PDF, 232kb) - The applicant, whose fixed-term appointment came to an end while her health condition resulting from a work-accident was not settled,  asks the Tribunal  to annul the decision of the Secretary-General rejecting her request for renewal of her appointment and to grant her payment of her salary for the period comprised between the end of her contract and the date of consolidation of her state of health. She also claims damages on the basis of the financial, physical and moral injuries caused.

Non-renewal of contract

Compensation

Work accident

No. 69: 24 March 2011 (PDF, 236kb) - Having unsuccessfully challenged the Secretary-General’s decision not to renew her consultancy appointment before French courts, the applicant asks the Tribunal to make use of Article 4 of the Rules of Procedure, allowing it, “in exceptional cases”, to declare admissible an application filed after expiry of the time limit. She also claims the payment of various sums to compensate her for the prejudice resulting from the end of her appointment.

Non-renewal of contract

Time limits

Jurisdictional immunity

No. 70: 26 March 2012 (PDF, 221kb) - The applicant – the same as in Case No. 68 – claims damage, in addition to the indemnities already received in respect of injuries following a work accident, on the basis of the financial, physical and moral injuries caused by the Organisation whose negligence would have prevented the applicant from rapid recovery.  

Work accident

Compensation

No. 71: 28 March 2012 (PDF, 113kb) - The applicant – the same as in Case No. 67– challenged the Secretary-General’s decision to prevent her from accessing the Joint Advisory Board given her former position of Deputy Secretary-General.

Work accident

Appeal

No. 72: 6 May 2013 (PDF, 225kb) - The applicant challenged the Secretary-General’s decision to reassign her to a position of the same category and grade as the previous one without following the established procedure, pretending that her previous post had been suppressed beforehand

Irregular procedure

Compensation

No. 73: 7 February 2014 (PDF, 232kb) - The Applicant contest the decision of the Secretary-General to terminate his appointment and to not grant him an open-ended contract after more than fifteen years at the service of the Organisation. He requests his reinstatement within the OECD with an open-ended contract or failing that the payment of the equivalent of four years of salary including pension entitlements.

Non-renewal of contract

Termination of appointment

 No. 74: on-going  --
No. 75: 6 February 2014 (PDF, 193kb) -The Applicant alleged that the decision not to select him for the position of Senior Public Procurement Adviser was tainted by discrimination on the grounds of age. The Tribunal discussed the admissibility of the application. Time limits

 

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