Summary procedure (172, 674, 800, 117,-666)
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Keywords: Summary procedure
Total judgments found: 213
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Judgment 4814
137th Session, 2024
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who was the subject of an investigation into allegations of harassment and abuse of authority, alleges that she received no reply, within the sixty-day time limit, to the claim submitted to the Director-General regarding “multiple conflicts of interest” of the Internal Oversight Service.
Consideration 7
Extract:
Secondly, and even more fundamentally, it is well established in the Tribunal’s case law that procedural steps taken in the course of a process leading to a final decision cannot be the subject of a complaint to the Tribunal, though they may be challenged in the context of a complaint directed against that final decision (see Judgments 4704, consideration 5, 4404, consideration 3, 3961, consideration 4, 3876, consideration 5, and 3700, consideration 14). In the present case, the refusal to act on the request for the IOS’s divestiture is part of the process leading to a decision resulting from the investigation report (see, for a similar case, Judgment 3958, consideration 15). Accordingly, any alleged irregularities in the investigation could only be raised in the context of a complaint directed against the outcome of the disciplinary proceedings initiated against her, provided that she first exhausted the internal remedies available to her, as required by Article VII, paragraph 1, of the Statute of the Tribunal.
Reference(s)
ILOAT Judgment(s): 3700, 3876, 3958, 3961, 4404, 4704
Keywords:
direct appeal to tribunal; failure to exhaust internal remedies; step in the procedure; summary procedure;
Consideration 6
Extract:
Firstly, the Tribunal considers that the complainant’s reliance on Article VII, paragraph 3, of its Statute is misplaced. It is clear from her submissions that the request made by her counsels in their letter of 1 December 2022 addressed to the Director-General, which had been submitted for the first time on 18 November 2022, had already been considered and explicitly rejected by the DDG on 25 and 29 November 2022. The fact that this request was subsequently escalated to the Director-General does not alter the conclusion that the Administration had already taken a decision on it, thus excluding the application of Article VII, paragraph 3, of the Tribunal’s Statute.
Keywords:
direct appeal to tribunal; failure to exhaust internal remedies; implied decision; summary procedure;
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 4813
137th Session, 2024
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former staff member of Interpol whose fixed-term appointment was terminated during the probationary period due to unsatisfactory performance, asks the Tribunal to order his reinstatement or to award him compensation.
Considerations 3 & 5
Extract:
It is firmly established in the Tribunal’s case law that, in order to comply with Article VII, paragraph 1, of the Statute of the Tribunal, which provides that a complaint is not receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of redress as are open to her or him under the applicable Staff Regulations, the complainant must follow the available internal appeal procedures (see, for example, Judgments 4634, consideration 2, 3749, consideration 2, and 3296, consideration 10). The case law further states that a staff member of an international organisation cannot of her or his own initiative evade the requirement that internal remedies must be exhausted prior to filing a complaint with the Tribunal (see Judgments 4056, consideration 4, 3458, consideration 7, 3190, consideration 9, and 2811, considerations 10 and 11, and the case law cited therein).
[…]
In the present case, […] the complainant’s request for review was rejected by a decision of 6 October 2022, which then became the subject of his internal appeal. The complainant filed the present complaint on 15 July 2023, prior to the completion of the [Joint Appeals Committee]’s proceedings and, hence, while his appeal was still pending. Thus, the 6 October 2022 decision is not a final decision within the meaning of Article VII, paragraph 1, of the Tribunal’s Statute as the internal means of redress have not been exhausted. The decision to terminate the complainant’s appointment could only be challenged in the context of a complaint directed against the final decision taken by the Secretary General following the delivery of the [Joint Appeals Committee]’s consultative opinion.
Reference(s)
ILOAT Judgment(s): 2811, 3190, 3296, 3458, 3749, 4056, 4634
Keywords:
direct appeal to tribunal; failure to exhaust internal remedies; summary procedure;
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 4812
137th Session, 2024
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant requests moral and material damages for the harm she allegedly suffered as a result of her supervisor’s behaviour and the unduly extended length of time of the investigation.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Considerations 7-8
Extract:
Article VII, paragraph 3, of the Tribunal’s Statute relevantly provides that “[w]here the Administration fails to take a decision upon any claim of an official within sixty days from the notification of the claim to it, the person concerned may have recourse to the Tribunal and her or his complaint shall be receivable in the same manner as a complaint against a final decision”.
In the present case, […] the complainant’s claim to be granted redress for the actions of her supervisor and the time taken to complete the investigation was rejected by a decision of 9 November 2021, which then became the subject of her internal appeal. Thus, although there may have been some delay on the part of the Director-General in taking the final decision on that appeal, she is obviously not in the situation contemplated by Article VII, paragraph 3, of the Tribunal’s Statute.
Keywords:
direct appeal to tribunal; failure to exhaust internal remedies; implied decision; summary procedure;
Judgment 4811
137th Session, 2024
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, widow and successor of a former consultant for the FAO, who died while on official travel on the Organization’s behalf, impugns the Director-General’s decision dismissing her internal appeal against the decision informing her that the incident leading to her husband’s death had not been recognised as attributable to the performance of official duties and that she therefore was not entitled to claim compensation.
Judgment keywords
Keywords:
complaint dismissed; summary procedure;
Judgment 4736
136th Session, 2023
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for review of Judgment 4571.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 4571
Keywords:
application for review; complaint dismissed; summary procedure;
Consideration 3
Extract:
The complainant also challenges the proposal of the Tribunal’s Vice-President to adjudicate her case leading to Judgment 4571 according to the summary procedure and charges the Tribunal’s Registrar with bias and prejudice towards her. The plea against the Vice-President is irreceivable as no appeal lies from procedural decisions taken by the President of the Tribunal or by any other authority thereof in exercise of the authority granted to them under the Tribunal’s Statute and Rules (see Judgment 4541, consideration 2). Moreover, the Vice-President’s proposal is merely a preparatory procedural step and, pursuant to Article 7, paragraph 2, of the Rules, it is for the panel in charge with the examination of a case to decide whether the use of the summary procedure is appropriate. As to the charges against the Registrar, he does not, in any event, adjudicate cases. It is the Tribunal which decided itself, autonomously and independently, the way it had to deal with the case.
Reference(s)
ILOAT Judgment(s): 4541, 4571
Keywords:
president of the tribunal; summary procedure;
Judgment 4735
136th Session, 2023
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former staff member of IOM at its Country Office in Afghanistan, asserts that a position which was readvertised after its temporary abolition should be assigned to him.
Judgment keywords
Keywords:
cause of action; competence of tribunal; complaint dismissed; former official; summary procedure;
Judgment 4734
136th Session, 2023
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her appeal against the «administrative decisions» contained in Office Instruction No. 20/2021 in connection with the payment of a language allowance.
Judgment keywords
Keywords:
complaint dismissed; general decision; summary procedure;
Judgment 4733
136th Session, 2023
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who was serving on a National Project Personnel contract with the FAO Representation in Malawi, contends that the FAO breached his right to due process and disregarded its own rules and regulations, and that he was subject to unequal treatment.
Judgment keywords
Keywords:
competence; complaint dismissed; non official; ratione personae; summary procedure;
Judgment 4651
135th Session, 2023
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed a complaint directly with the Tribunal, impugning what she considers to be the implied rejection of an appeal that she lodged with the Joint Administrative Review Board.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; receivability of the complaint; summary procedure;
Judgment 4650
135th Session, 2023
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed a complaint directly with the Tribunal, impugning what she considers to be the implied rejection of an appeal that she lodged with the Joint Administrative Review Board.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; receivability of the complaint; summary procedure;
Judgment 4649
135th Session, 2023
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed a complaint directly with the Tribunal, impugning what she considers to be the implied rejection of an appeal that she lodged with the Joint Administrative Review Board.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; receivability of the complaint; summary procedure;
Judgment 4648
135th Session, 2023
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed a complaint directly with the Tribunal, impugning what she considers to be the implied rejection of an appeal that she lodged with the Joint Administrative Review Board.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; receivability of the complaint; summary procedure;
Judgment 4647
135th Session, 2023
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant has filed a complaint directly with the Tribunal, impugning what she considers to be the implied rejection of an appeal that she lodged with the Joint Administrative Review Board.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; receivability of the complaint; summary procedure;
Judgment 4646
135th Session, 2023
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who was employed under a series of Special Service Agreements, submits that she was requested without a valid reason to stop working immediately and that WHO did not grant her request for conciliation and amicable settlement.
Judgment keywords
Keywords:
competence; complaint dismissed; ratione personae; special service agreement; summary procedure;
Judgment 4645
135th Session, 2023
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: In his complaint filed directly with the Tribunal, the complainant seeks to impugn a decision dated 6 July 2021 of which he was notified on 15 July 2021.
Judgment keywords
Keywords:
complaint dismissed; step in the procedure; summary procedure;
Judgment 4634
135th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed his complaint directly with the Tribunal, without lodging an appeal with the EPO’s Appeals Committee.
Judgment keywords
Keywords:
complaint dismissed; internal remedies not exhausted; summary procedure;
Judgment 4574
134th Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns a final decision of the EPO dated 15 October 2021, received by him on the same date, and he filed his complaint with the Tribunal on 14 January 2022.
Judgment keywords
Keywords:
complaint dismissed; late filing; summary procedure;
Judgment 4573
134th Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject as time-barred his request for review contesting deductions made from his remuneration in February 2013 and November 2014 for, respectively, pension contributions and the dependents and education allowances.
Judgment keywords
Keywords:
complaint dismissed; internal remedies not exhausted; late appeal; summary procedure;
Judgment 4572
134th Session, 2022
International Bureau of Weights and Measures
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of his request for recission in which he described the moral injury caused to him by the entry into force of new regulatory provisions.
Judgment keywords
Keywords:
complaint dismissed; general decision; summary procedure;
Judgment 4571
134th Session, 2022
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject a request for review against a failure to answer a claim for damages based on alleged negligence of the Organization.
Judgment keywords
Keywords:
complaint dismissed; internal remedies not exhausted; summary procedure;
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