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Reasonable time (115,-666)

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Keywords: Reasonable time
Total judgments found: 71

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  • Judgment 4037


    126th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the non-renewal of her temporary appointment.

    Consideration 15

    Extract:

    The Tribunal recalls that, according to its case law, officials are entitled to expect that their case will be dealt with by the internal appeal body within a reasonable time (see, for example, Judgment 3336, under 6). In this case, the Tribunal considers that while the complainant was partly responsible for the delay of which she complains insofar as she had requested and obtained a two-month extension of the time limit for submitting her rejoinder, the internal proceedings lasted an excessively long time having regard to the nature of the case. Their length caused the complainant moral injury, entitling her to damages [...].

    Keywords:

    internal appeal; moral injury; reasonable time;



  • Judgment 4031


    126th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the step level he was placed in upon implementation of a new local salary scale for General Service staff in New Delhi, India.

    Consideration 8

    Extract:

    The complainant submits that he suffered injury as a consequence of the “inordinate, inexplicable and inexcusable” delay in the internal appeal process. He seeks moral damages on this account. The Tribunal has relevantly stated as follows in Judgment 3160, consideration 17:
    “The amount of compensation for unreasonable delay will ordinarily be influenced by at least two considerations. One is the length of the delay and the other is the effect of the delay. These considerations are interrelated as lengthy delay may have a greater effect. That latter consideration, the effect of the delay, will usually depend on, amongst other things, the subject matter of the appeal. Delay in an internal appeal concerning a matter of limited seriousness in its impact on the appellant would be likely to be less injurious to the appellant than delay in an appeal concerning an issue of fundamental importance and seriousness in its impact on the appellant.”

    Reference(s)

    ILOAT Judgment(s): 3160

    Keywords:

    damages; internal appeal; reasonable time;



  • Judgment 3939


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend his appointment beyond the statutory retirement age.

    Consideration 12

    Extract:

    The complainant [complains] that [...] the Organization took more than three months to reply to his request for an extension of his appointment. [...]
    It is true that the Organization was nevertheless bound to reply to this request within a reasonable period of time. However, while it would have been preferable in this case that a decision was taken sooner, UNESCO cannot be deemed to have disregarded this requirement, as the decision containing the reply was taken one month before the complainant reached the statutory retirement age and he does not contend that it was adopted too late for him to make adequate arrangements for his private life after he had attained the normal retirement age.

    Keywords:

    age limit; extension; moral injury; reasonable time;



  • Judgment 3510


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant objects to the excessive length of the process of obtaining a visa for his wife’s adopted daughter.

    Judgment keywords

    Keywords:

    duty of care; reasonable time; visa;



  • Judgment 3428


    119th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants unsuccessfully challenge decisions that were not followed by individual implementing decisions.

    Consideration 19

    Extract:

    The complainants’ reliance on the case law established in Judgments 408, 1684, 2132 and 2443, according to which an exception to the rule that internal means of redress must be exhausted can be made if an appeal is not dealt with by the competent bodies within a reasonable period of time, is misplaced. In this connection, the complainants refer to the “incredible delays” with which the Internal Appeals Committee of the EPO usually considers the cases submitted to it, but it must be found that this criticism is irrelevant in the instant cases where the complainants waited for scarcely one or two months following the referral to the Committee before bringing the case directly to the Tribunal. Clearly the fact that their appeals were not examined during this brief interlude could not in any way be described as a breach of the Organisation’s duty to deal with them within a reasonable period of time.

    Reference(s)

    ILOAT Judgment(s): 408, 1684, 2132, 2443

    Keywords:

    direct appeal to tribunal; internal remedies exhausted; reasonable time;



  • Judgment 3374


    118th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal set aside for procedural flaw the impugned decision rejecting the complainant’s request for the reclassification of his post.

    Consideration 17

    Extract:

    "As the Tribunal has consistently held, an organisation has an obligation to ensure that internal appeal procedures move forward with reasonable speed (see, for example, Judgment 2197, under 33)."

    Reference(s)

    ILOAT Judgment(s): 2197

    Keywords:

    due process; reasonable time;



  • Judgment 3302


    116th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complaints were dismissed for non-exhaustion of internal remedies under Article 7 of the Tribunal’s Rules.

    Judgment keywords

    Reference(s)

    ILOAT reference: Article VII, par. 1 and 3, of the Statute of the Tribunal
    ILOAT Judgment(s): 2780, 2811, 2939

    Keywords:

    decision; delay; duty of care; iloat statute; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; staff member's duties;



  • Judgment 3294


    116th Session, 2014
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to refuse to reclassify one of her former posts.

    Judgment keywords

    Keywords:

    post classification; reasonable time; right to reply;



  • Judgment 3200


    115th Session, 2013
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to impose on her the disciplinary measure of demotion.

    Consideration 6

    Extract:

    "Although the case was complex and detailed, and the subject matter sensitive, the time taken to complete the proceedings was indeed excessive. The Tribunal notes in particular that it took OSDI ten months to bring the investigation to a conclusion following the interviews, and it took the Director General seven months to reject the appeal after receiving the Appeals Committee Report. The total length of the proceedings cannot therefore be considered reasonable, and specifically, the two intervals of time noted above were excessive. The conclusion is that the Organization did not respect the need for expeditious proceedings and violated its duty of care towards the complainant."

    Keywords:

    administrative delay; complaint allowed; complaint allowed in part; delay; duty of care; internal appeal; moral injury; organisation's duties; procedure; reasonable time; staff member's interest;



  • Judgment 3188


    114th Session, 2013
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions not to update her job description, not to select her for a G-6 position and her alleged subsequent demotion.

    Consideration 25

    Extract:

    "As the Tribunal has repeatedly observed, internal appeals must be conducted with due diligence and with regard to the care owed by an international organisation to its staff (see for example Judgment 2522, under 7). While the time an appeal might reasonably take will often depend on the particular circumstances of a given case, it has been said by the Tribunal in Judgment 2902, under 16, that “by any standards a delay of nearly 19 months to complete the internal appeal process is unreasonable”."

    Reference(s)

    ILOAT Judgment(s): 2522, 2902

    Keywords:

    complaint allowed; complaint allowed in part; delay; duty of care; internal appeal; moral injury; organisation's duties; procedure; reasonable time; staff member's interest; time limit;



  • Judgment 3168


    114th Session, 2013
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant disputes the characterization of his service during a certain period and the date taken into account by WHO to determine his entry on duty within the United Nations system.

    Consideration 13

    Extract:

    "It is firm Tribunal case law that a staff member is entitled to an efficient internal means of redress and to expect a decision on an internal appeal to be taken within a reasonable time (see Judgments 2904, under 14 and 15, 2851, under 10, and 2116, under 11). It can be seen from the above summary of the internal appeal process that there were a number of requests for extensions of time by both parties and in some instances consented to by the opposing party. While the departure of a staff member responsible for an appeal is beyond the control of the Administration, the latter does bear the responsibility of providing adequate staffing in keeping with its obligation to provide an efficient means of internal redress."

    Reference(s)

    ILOAT Judgment(s): 2116, 2851, 2904

    Keywords:

    administrative delay; complaint allowed; complaint allowed in part; decision; delay; internal appeal; internal appeals body; moral damages; organisation's duties; reasonable time; time limit;



  • Judgment 3160


    114th Session, 2013
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the Director-General's decision to reject his appeal concerning breaches of confidentiality.

    Consideration 17

    Extract:

    "The amount of compensation for unreasonable delay will ordinarily be influenced by at least two considerations. One is the length of the delay and the other is the effect of the delay. These considerations are interrelated as lengthy delay may have a greater effect. That latter consideration, the effect of the delay, will usually depend on, amongst other things, the subject matter of the appeal. Delay in an internal appeal concerning a matter of limited seriousness in its impact on the appellant would be likely to be less injurious to the appellant than delay in an appeal concerning an issue of fundamental importance and seriousness in its impact on the appellant. For example, an extensive delay in relation to an appeal concerning the dismissal of a staff member could have a profound impact on his or her circumstances. On the other hand, a delay of precisely the same period in relation to an appeal concerning a comparatively trifling issue may have limited or possibly even no impact on the circumstances of the staff member."

    Reference(s)

    ILOAT Judgment(s): 2522, 2902

    Keywords:

    compensation; complaint allowed; complaint allowed in part; damages; delay; effect; general principle; internal appeal; organisation's duties; reasonable time; staff member's interest; time limit;



  • Judgment 3130


    113th Session, 2012
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The complainant requests an award of 10,000 United States dollars for unreasonable delays in the internal appeal proceedings. The appeal before the Regional Board of Appeal lasted only nine months from the date of appeal [...] to the date of the decision by the Regional Director [...] to endorse the Board’s recommendation [...]. The complainant’s appeal before the [Headquarters Board of Appeal] lasted just over 13 months from the date of appeal [...] to the decision by the Director-General [...]. Considering that the two appeals took less than two years to complete, the complainant cannot be considered to have suffered from inordinate delays meriting an award of damages. This is especially true considering that the two tiered appeal process has provided him with greater protection of his rights as a staff member."

    Keywords:

    administrative delay; claim; compensation; complaint allowed in part; date; decision; executive head; internal appeal; international civil servant; material damages; reasonable time; recommendation; refusal; right;



  • Judgment 3127


    113th Session, 2012
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "[W]here an internal appeal is lodged within the required time limit but fails to comply with the formal requirements set down in the applicable rules, it is for the organisation, in the exercise of its duty of care, to enable the complainant to correct the appeal by granting him or her a reasonable period of time in which to do so."

    Keywords:

    breach; complaint allowed; complaint allowed in part; correction of complaint; duty of care; duty of discretion; formal requirements; internal appeal; organisation's duties; reasonable time; time limit; written rule;



  • Judgment 3119


    113th Session, 2012
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Where the staff regulations of an international organisation do not enable former staff members to avail themselves of the internal means of redress, the organisation cannot legally decide to terminate an appointment without giving the person concerned sufficient time to lodge an internal appeal, otherwise he would be deprived of his right to such an appeal."

    Keywords:

    complaint allowed; complaint allowed in part; condition; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; right of appeal; staff regulations and rules; status of complainant; termination;



  • Judgment 3114


    113th Session, 2012
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    A year and a half passed following the recommendations before a final decision was reached, and that decision was obtained only after the complainant had lodged an application for execution with the Tribunal. "This delay is manifestly unreasonable. The complainant will be awarded an indemnity, which it is fair to set at 2,000 euros, for the moral injury she has thus been caused."

    Keywords:

    administrative delay; allowance; application for execution; compensation; complaint allowed; decision; internal appeals body; moral injury; reasonable time; recommendation;



  • Judgment 3035


    111th Session, 2011
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    The complainant was suspended from duty on 4 September 2008.
    "The Tribunal finds that, in maintaining the complainant's suspension by his decision of 6 July 2009, the Director General extended the duration of this suspension beyond the reasonable limit accepted by the case law and thus caused the complainant moral and professional injury."

    Keywords:

    breach; case law; cause; complaint allowed; complaint allowed in part; date; executive head; extension; injury; moral injury; professional injury; reasonable time; suspension;



  • Judgment 3026


    111th Session, 2011
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "An opportunity to improve requires not only that the staff member be made aware of the matters requiring improvement, but, also, that he or she be given a reasonable time for that improvement to occur."

    Keywords:

    notice; organisation's duties; performance report; reasonable time; unsatisfactory service; work appraisal;



  • Judgment 3023


    111th Session, 2011
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    The Tribunal rejects the plea that the non-observance of the time-limits for the filing of the internal appeal was due to reasons beyond the complainant's control.
    "[T]he complainant claims that she has suffered injury due to the delay in the internal appeals proceedings. The Tribunal notes that the internal appeal took approximately 17 months. Given that the only issue considered in the appeal process was receivability, the Tribunal agrees that there has been undue delay for which the complainant is entitled to moral damages [...]."

    Keywords:

    claim; compensation; complainant; delay; internal appeal; moral damages; moral injury; reasonable time;



  • Judgment 3016


    111th Session, 2011
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "[T]he complainant's claim for egregious delay is founded. More than four years passed from the start of the post classification exercise to when the final decision was made, and that is excessive."

    Keywords:

    claim; complainant; decision; delay; late decision; post classification; reasonable time;

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Last updated: 23.07.2019 ^ top