Failure to exhaust internal remedies (656,-666)
You searched for:
Keywords: Failure to exhaust internal remedies
Total judgments found: 49
< previous | 1, 2, 3 | next >
Judgment 4101
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who alleges that he was subjected to moral harassment, challenges the refusal to extend his special leave without pay and to grant him certain accommodations with regard to his working arrangements.
Consideration 3
Extract:
The Tribunal has consistently held that a complainant must not only have exhausted all internal remedies within his organization but also have duly complied with the rules governing the internal appeal procedure. Thus, if the internal appeal was irreceivable under those rules, the complaint filed with the Tribunal will also be irreceivable under Article VII, paragraph 1, of the Statute of the Tribunal (see Judgment 1244, consideration 1).
Reference(s)
ILOAT Judgment(s): 1244
Keywords:
failure to exhaust internal remedies; internal appeal; internal remedies exhausted; late appeal; receivability of the complaint; time bar;
Judgment 4056
126th Session, 2018
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who was summarily dismissed by IOM, impugns a decision of the Regional Director concerning her request for review, which he considered time-barred.
Consideration 5
Extract:
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 Judgment 3458, consideration 7, as well as Judgments 3190, under 9, and 2811, under 10 and 11, and the case law cited therein). As the complainant failed to lodge an appeal, she impugns before the Tribunal a decision which cannot be considered as a final decision within the meaning of Article VII, paragraph 1, of the Tribunal’s Statute. Accordingly, the complaint is clearly irreceivable and must be summarily dismissed in accordance with the procedure set out in Article 7 of the Rules of the Tribunal.
Reference(s)
ILOAT reference: Article 7 of the Rules
ILOAT Judgment(s): 2811, 3190, 3458
Keywords:
direct appeal to tribunal; failure to exhaust internal remedies;
Judgment 4054
126th Session, 2018
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to dismiss her appeal against the decision to terminate her assignment to the position of Senior Evaluation Officer.
Consideration 4
Extract:
Pursuant to Article VII, paragraph 1, of the Tribunal’s Statute, a complaint is not receivable unless the complainant has exhausted the internal means of redress. As the Tribunal stated in Judgment 3903, consideration 6, “[t]his means that a complaint will not be receivable if the underlying internal appeal was irreceivable (see Judgment 3758, consideration 10)”. As noted above, the complainant’s internal appeal was time-barred. Her complaint is therefore irreceivable as she did not exhaust the internal means of redress which were open to her under the FAO’s internal regulations as Article VII, paragraph 1, of the Tribunal’s Statute requires. Accordingly, the complaint is clearly irreceivable and must be summarily dismissed in accordance with the procedure set out in Article 7 of the Rules of the Tribunal.
Reference(s)
ILOAT reference: Article 7 of the Rules; Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 3758, 3903
Keywords:
failure to exhaust internal remedies; late appeal;
Judgment 4051
126th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss him for misconduct.
Consideration 4
Extract:
The third complaint is [...] irreceivable as it does not challenge a final decision, within the meaning of Article VII, paragraph 1, of the Tribunal’s Statute, which requires that all internal means of redress be exhausted prior to filing a complaint in the Tribunal.
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
Keywords:
failure to exhaust internal remedies;
Judgment 4030
126th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to maintain her position at the same grade.
Considerations 4, 5, 6
Extract:
The basis for the conclusion of the HBA and the decision of the Director-General that the appeal was irreceivable was that Staff Rule 1230.8.1 provided that no staff member shall bring an appeal before a Board of Appeal “until all the existing administrative channels have been tried and the action complained of has become final”. That had not occurred in the present case because Staff Rule 230 provided that a staff member could request a re-examination of the classification of the post she or he occupied, and Annex 2.B of Section III.20 of the HR eGuide provided that where a classification decision was contested by the incumbent of the position concerned, a Classification Review Standing Committee was to be constituted and Annex 2.B set out the procedures, including time limits, for seeking a review.
The complainant did not contest before the HBA that she had not followed these procedures nor does she in these proceedings. The substance of her argument concerning non-compliance with the aforementioned procedures is that the processes and outcomes would not have been fair. But that does not provide a legal basis for not doing what Staff Rule 1230.8.1 required, namely that she should try all administrative channels before lodging an appeal with the HBA. Such a provision has an obvious purpose. Constituting an internal appeal body and the hearing of the appeal creates demands on the time of the members of the body and on the resources of the organisation more generally. That should be avoided if other and simpler procedures exist which may (but of course may not) resolve the staff member’s grievance.
The Director-General was entitled to take the approach she did in the impugned decision. In the result, the complaint is irreceivable because the complainant has not exhausted internal means of redress as required by Article VII, paragraph 1, of the Tribunal’s Statute. The complaint will be dismissed.
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
Keywords:
failure to exhaust internal remedies;
Judgment 4002
126th Session, 2018
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision dismissing as clearly irreceivable his grievance complaint against several members of the Staff Council.
Consideration 3
Extract:
This complaint was filed in the Tribunal before, as a matter of fact, the complainant initiated his internal appeal culminating in the report of the Appeal Board [...]. It may well be that, at the time the complaint was filed, the complainant had not exhausted his internal means of redress, but a firm conclusion to that effect would require a detailed analysis of the applicable rules then operating. Specifically, those rules may address the consequences of the abolition of the JGP effective 1 January 2014, save to enable it to consider grievances filed before that date. But WIPO expressly abandoned, in its pleas, an argument that the complainant had not exhausted the internal means of redress. In these unusual circumstances, the Tribunal will consider the parties’ arguments focusing on the JGP’s decision.
Keywords:
failure to exhaust internal remedies;
Judgment 3892
124th Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contends that no final decision has yet been taken on her internal appeal.
Consideration 4
Extract:
According to firm precedent, a complaint filed directly with the Tribunal is irreceivable unless the complainant shows that the requirement to exhaust internal remedies has had the effect of paralysing the exercise of her or his rights. It is only then that she or he is permitted to come directly to the Tribunal where the competent bodies are not able to determine an internal appeal within a reasonable time, depending on the circumstances (see, for example, Judgment 3558, under 9).
Reference(s)
ILOAT Judgment(s): 3558
Keywords:
exception; failure to exhaust internal remedies; summary procedure;
Judgment 3873
124th Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant claims compensation for various injuries that WHO allegedly caused him.
Consideration 1
Extract:
To satisfy Article VII, paragraph 1, of the Statute, which sets out that requirement, the complainant must follow the available internal appeal procedures properly and in particular observe any time limits that may be set for the purposes of those procedures (see, for example, Judgments 3296, under 10, and 3749, under 2).
Exceptions to that requirement are very limited, namely where staff regulations do not provide for an internal appeal procedure, where the complainant does not have access to an existing internal appeal procedure owing to his or her employment status, or where the parties have mutually agreed to forgo internal appeal proceedings. An exception may also be made where the complainant has initiated internal proceedings but the appeal body is unable to reach a decision without inordinate and inexcusable delay, even though the complainant has done his or her utmost to obtain a final decision (see, for example, Judgments 2912, under 6, 3397, under 1, 3558, under 9, and 3714, under 12).
The onus is on the complainant to prove that one of those conditions is satisfied.
Reference(s)
ILOAT Judgment(s): 2912, 3296, 3397, 3558, 3714, 3749
Keywords:
failure to exhaust internal remedies; internal remedies not exhausted;
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies; receivability of the complaint;
Judgment 3585
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges a decision to dismiss her internal appeal against her performance appraisal reports and the reclassification of her post.
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies; performance report; post classification;
Judgment 3580
121st Session, 2016
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who held the post of Head of UNESCO’s National Office in Kinshasa, contends that she was subjected to harassment.
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies; harassment;
Judgment 3558
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaints are summarily dismissed for failure to exhaust internal remedies.
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies; joinder; summary procedure;
Judgment 3554
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaints are summarily dismissed for failure to exhaust internal remedies.
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies; joinder; summary procedure;
Judgment 3548
120th Session, 2015
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: As the complaint is clearly irreceivable for failure to exhaust internal remedies, it is summarily dismissed.
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies; summary procedure;
Judgment 3519
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the implied rejection of his request that the Central Occupational Health, Safety and Ergonomics Committee be provided with sufficient information to form an opinion on the impact of an EPO programme on the health of staff.
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies; working conditions;
Judgment 3518
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to pay a collective reward to staff in active service during 2011.
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies; fringe benefits;
Judgment 3516
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to pay a collective reward to staff in active service during 2011.
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies; fringe benefits;
Judgment 3505
120th Session, 2015
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her sick leave entitlement beyond the date on which her appointment expired.
Judgment keywords
Keywords:
case sent back to organisation; complaint dismissed; failure to exhaust internal remedies; separation from service; sick leave;
Judgment 3499
120th Session, 2015
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the rejection of their appeal against the creation of the Ethics Office and the decision to transfer another staff member to the position of Chief Ethics Officer.
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies; joinder; transfer;
Judgment 3451
119th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint is dismissed for failure to exhaust internal remedies.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3050, 3219
Keywords:
complaint dismissed; failure to exhaust internal remedies; illness; service-incurred;
Consideration 6
Extract:
"The complainant was informed that he could contest the decision to reject his compensation claim in one of two ways; either by requesting that a Medical Board be convened in accordance with paragraph 25(b) of Annex II of the Staff Regulations if he contested the decision on medical grounds, or by bringing an appeal to the JAAB if he contested the decision on any other grounds (such as procedural grounds). He chose not to appeal to either, instead bringing the case directly before the Tribunal. The complainant is mistaken in his understanding of the competence of the JAAB and that the decision not to convene a Medical Board is an issue of procedure, and could have been analysed by the JAAB. Staff Regulation 13.2.1 provides that special procedures apply for compensation claims."
Keywords:
failure to exhaust internal remedies;
Judgment 3450
119th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal set aside the contested appointment because the complainant's right to a fair and open competition was violated.
Judgment keywords
Keywords:
compensation; complaint allowed; decision quashed; failure to exhaust internal remedies; injury; medical board;
< previous | 1, 2, 3 | next >
|
