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Internal procedure (668,-666)

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Keywords: Internal procedure
Total judgments found: 32

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  • Judgment 4780


    137th Session, 2024
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the monthly amount deducted from her pension as contribution to her after-service health insurance in the period from May 2001 to December 2019.

    Consideration 8

    Extract:

    As the complainant did not address a request for reconsideration of the initial decision […], in accordance with Staff Rule 11.1.2, she has not exhausted internal remedies. Her complaint is therefore irreceivable, according to Article VII, paragraph 1, of the Tribunal’s Statute, and must be dismissed.

    Keywords:

    internal procedure; internal remedies not exhausted; review of administrative decision;



  • Judgment 4775


    137th Session, 2024
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to “terminate [her] contract after [her] resignation”.

    Judgment keywords

    Keywords:

    complaint dismissed; direct appeal to tribunal; failure to exhaust internal remedies; former official; internal appeal; internal procedure; internal remedies not exhausted;

    Consideration 8

    Extract:

    FAO Manual paragraph 331.4, entitled ‘Appeals by Former Staff Members’, provides that former staff members shall have access to the appeals procedure. FAO Manual paragraph 331.4.1 specifically states that “[f]ormer staff members [...] may lodge an appeal in accordance with the provisions of this Manual Section subject to Manual [paragraphs] 331.4.2 and 331.4.3”.

    Keywords:

    failure to exhaust internal remedies; former official; internal appeal; internal procedure; internal remedies not exhausted;



  • Judgment 4760


    137th Session, 2024
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the failure to establish a medical board to examine the percentage of her permanent loss of function.

    Consideration 2

    Extract:

    Under the Tribunal’s settled case law, the provisions of Article VII, paragraph 3, must be read in the light of paragraph 1 of that Article and are not applicable where the official concerned can use internal remedies, in which case these must be exhausted, as required under paragraph 1, before a complaint may be filed with the Tribunal (see Judgments 4517, consideration 4, and 2631, considerations 3 to 5).

    Reference(s)

    ILOAT Judgment(s): 2631, 4517

    Keywords:

    failure to exhaust internal remedies; internal procedure; internal remedies not exhausted; receivability of the complaint;



  • Judgment 4664


    136th Session, 2023
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the classification of her post.

    Consideration 9

    Extract:

    The Tribunal recalls that the recognition that there was an unreasonable delay does not in itself render the decision taken at the end of the procedure unlawful (see, for example, Judgments 4584, consideration 4, 4408, considerations 5 and 6, or 2885, consideration 14).
    As regards the injury that may have been caused to the staff member by that delay, the Tribunal takes into account two considerations, namely the length of the delay and the effect of the delay on the staff member concerned (see, for example, Judgments 4493, consideration 6, 4229, consideration 5, and 4031, consideration 8).

    Reference(s)

    ILOAT Judgment(s): 2885, 4031, 4229, 4408, 4493, 4584

    Keywords:

    internal procedure; time limit;



  • Judgment 4541


    134th Session, 2022
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to notify her of the outcome of the investigation into her internal complaint of moral harassment, the decision not to send her the full report drawn up following that investigation, and the decision not to inform her of the outcome of her internal complaint.

    Consideration 3

    Extract:

    The Tribunal [...] notes that the redacted investigation report was not sent to the complainant until after the JAB had made a recommendation to that effect in its report [...].
    [...]
    In those circumstances, [...] the fact that the complainant did not receive the investigation report until she was informed of the President’s final decision resulted in her being deprived of the opportunity to challenge the findings of the investigation effectively during the appeal proceedings before the JAB.
    [T]he Tribunal must conclude that the procedure followed before the JAB was also unlawful in that the JAB was not provided with all the evidence which would have enabled it to give a fully informed decision on the internal appeal before it (see, to that effect, Judgment 1372, consideration 11). In consequence, the complainant was deprived of the right to have her internal appeal properly examined (on the obligation of any international organisation to ensure that the rules are correctly applied and due process followed, see, inter alia, Judgments 2219, 2654, 2700 and 3065).

    Reference(s)

    ILOAT Judgment(s): 1372, 2219, 2654, 2700, 3065

    Keywords:

    disclosure of evidence; harassment; inquiry; internal procedure; report;



  • Judgment 4535


    134th Session, 2022
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to separate him from service on 31 October 2018, being the date on which he reached his retirement age according to the Staff Rules then in force, as well as the decision not to approve an exceptional extension of his appointment beyond retirement age.

    Consideration 11

    Extract:

    Generally, the process of review creates an opportunity for an Administration to reconsider an administrative decision earlier made and the correctness of that decision. It can, in this process, make a decision rectifying or remedying any deficiencies in that earlier decision. That is what happened in the present case. Thus, the failure of the Director-General to initially consider the extension request himself, was remedied by him doing so in the administrative review. An aspect of this is reflected in the Tribunal’s case law, which decides that the mere fact that a decision was initially flawed but was later corrected does not suffice to warrant awarding damages for moral injury (see Judgment 4156, consideration 5).

    Reference(s)

    ILOAT Judgment(s): 4156

    Keywords:

    internal procedure; moral damages;



  • Judgment 4510


    134th Session, 2022
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to put her on unpaid absence under contract.

    Judgment keywords

    Keywords:

    complaint allowed; internal procedure; unpaid leave;



  • Judgment 4464


    133rd Session, 2022
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the WTO’s refusal to recognise the illness from which he states he suffers as service-incurred.

    Consideration 10

    Extract:

    [T]here is no reason to set aside the board’s report, which is merely a preparatory step that does not in itself cause injury (see, for example, Judgment 4118, consideration 2).

    Reference(s)

    ILOAT Judgment(s): 4118

    Keywords:

    internal procedure; step in the procedure;



  • Judgment 4435


    132nd Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who is a former permanent employee of the European Patent Office, challenges the deductions from his remuneration that were made in respect of his absences for strike participation as well as the lawfulness of the general normative decisions on which those deductions were based.

    Consideration 18

    Extract:

    A further issue raised by the complainant concerns the procedures adopted in the internal appeal proceedings. He argues that when he filed his appeals the governing procedural rules conferred a right to an oral hearing if requested. When the time came for the hearing, the procedural rules, so he argues, had been altered and deprived him of this right and the Appeals Committee acted as if this was so. These circumstances found a claim by the complainant for moral damages. But even if the complainant’s analysis is correct, having regard to the subject matter of the internal appeals and the issues they raised (almost entirely legal), it is difficult to see what prejudice the complainant suffered by being restricted to written submissions. Put slightly differently, a complainant must establish the foundation for the award of moral damages (see Judgments 4231, consideration 15, and 4147, consideration 13). As the complainant has singularly failed to do so in this case, his claim for moral damages on this basis will be dismissed.

    Reference(s)

    ILOAT Judgment(s): 4147, 4231

    Keywords:

    internal procedure; moral injury; oral proceedings;



  • Judgment 4399


    131st Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to transfer him from a manager position to a non-managerial post.

    Consideration 13

    Extract:

    [The complainant's] claim for costs in the internal appeal proceedings will be rejected as there are no exceptional circumstances to justify such an award (see Judgment 4217, consideration 12).

    Reference(s)

    ILOAT Judgment(s): 4217

    Keywords:

    costs; costs for internal appeal procedure; internal procedure;



  • Judgment 4231


    129th Session, 2020
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend his fixed-term appointment and to place him on special leave with pay until his contract expired.

    Consideration 11

    Extract:

    The complainant’s further plea that his right to due process was breached because the Appeals Committee did not hold a hearing in which witnesses were called also fails. According to Staff Rule 331.3.62, it is within the discretion of the Appeals Committee to determine whether hearings are necessary so it was under no obligation to call the witnesses whom the complainant wished it to hear (see, for example, Judgment 3846, consideration 6).

    Reference(s)

    ILOAT Judgment(s): 3846

    Keywords:

    due process; internal procedure; oral proceedings;



  • Judgment 4228


    129th Session, 2020
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reject his request for compensation for loss of earnings allegedly caused by a service-incurred injury.

    Consideration 6

    Extract:

    According to that provision [Manual paragraph 342.6.522], the ACCC is not required to hold hearings, and as the case at hand regarded only a question of law, the Tribunal finds no flaw in the ACCC’s determination that hearings were unnecessary.

    Keywords:

    internal procedure; oral proceedings;



  • Judgment 4220


    129th Session, 2020
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the rejection of their requests for an agreed separation.

    Consideration 15

    Extract:

    [T]he requests for costs for the internal appeals are unfounded. There is no provision which allows for an award of legal costs for the internal appeal proceedings and there are no exceptional circumstances in these cases which could justify such an award.

    Keywords:

    costs; costs for internal appeal procedure; internal procedure;



  • Judgment 4217


    129th Session, 2020
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to provide her with the record of the investigation that ensued after she filed a harassment complaint against her supervisor, and the fact that she received no compensation for the moral harassment that she claims to have suffered.

    Consideration 12

    Extract:

    [T]he Tribunal considers that there are no grounds for awarding costs in respect of the internal appeal proceedings. Such costs may only be awarded under exceptional circumstances, which do not exist in the present case.

    Keywords:

    costs; costs for internal appeal procedure; internal procedure;



  • Judgment 4216


    129th Session, 2020
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the lawfulness of the decision to cancel a competition procedure in which he took part.

    Consideration 15

    Extract:

    [T]here are no grounds for awarding [the complainant] costs for the internal appeal proceedings. Under the Tribunal’s case law, costs of this kind may be awarded only in exceptional circumstances (see, in particular, Judgment 4156, consideration 9). Such circumstances are not evident from the written submissions in this case.

    Reference(s)

    ILOAT Judgment(s): 4156

    Keywords:

    costs awarded; internal procedure;



  • Judgment 4204


    128th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision of the Appeals Committee to close the case in light of Judgment 3893.

    Consideration 6

    Extract:

    As the Tribunal’s decision in Judgment 3893 is res judicata, the Appeals Committee rightly determined that it could not re-open the case.

    Reference(s)

    ILOAT Judgment(s): 3893

    Keywords:

    internal procedure; res judicata;



  • Judgment 4118


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the findings of the Medical Committee according to which his invalidity is not of occupational origin.

    Consideration 2

    Extract:

    With respect to the claims directed against the “decision” of the Medical Committee [...], the Tribunal notes at the outset that they are manifestly irreceivable, inasmuch as the alleged decision is only an opinion amounting to a preparatory step which, as such,cannot be appealed. The only act adversely affecting the complainant is the administrative decision taken in light of that opinion, namely, in this case, the decision of the President of the Office [...]. Thus, as the complainant himself appears to admit in his rejoinder, it is that decision that he should have challenged, if he considered that he had grounds to do so, and not the opinion of the Medical Committee [...].

    Keywords:

    final decision; internal procedure; step in the procedure;



  • Judgment 4112


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests retroactively his promotions.

    Consideration 5

    Extract:

    The approach of the [Internal Appeals Committee] and the complainant involves a misconception about the width of the principle concerning “new facts” which allows for some flexibility with the strict application of time limits. The principle is only engaged when the new fact or facts relate directly to and impact upon the decision which the complainant sought to challenge out of time. In the present case, the operative administrative decisions with direct legal effect were the promotion decisions. The fact or facts identified by the [Internal Appeals Committee] did not relate directly to nor impacted upon the promotion decisions. They were nothing more than facts evidencing an emerging environment concerning and manifesting the inadequacies of the career arrangements then operating in the EPO.

    Keywords:

    internal procedure; new fact;



  • Judgment 4074


    127th Session, 2019
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to review or amend the separation agreement offered to him and to terminate his appointment without the appropriate financial package.

    Consideration 17

    Extract:

    The complainant seeks moral damages for the delay in the internal consideration of his grievance. The Global Fund argues this claim is irreceivable. Routinely and necessarily such a claim can only first be made in the Tribunal. The claim is receivable. The Global Fund contends the internal appeal process took 11 months, which was reasonable. The complainant draws attention to the fact that there was a period of nearly 18 months between the public delivery of the Tribunal’s judgment and the final decision of the Executive Director. Even taking that longer period, significant periods of time can be attributed to the conduct of the complainant or his counsel, particularly the time taken to respond to a Global Fund proposal concerning informal discussions to resolve the matter in the first half of 2015. The internal appeal took approximately 11 months. This is a lengthy period but, in all the circumstances including the factual and legal complexity of the proceedings, it was not unreasonable. The claim for moral damages for excessive delay is rejected.

    Keywords:

    delay in internal procedure; internal procedure; new claim; receivability of the complaint;



  • Judgment 4035


    126th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant accuses her former supervisor of moral harassment.

    Consideration 11

    Extract:

    [T]he complainant’s contention that in this case UNESCO breached the time limits prescribed in the provisions governing the appeals procedure and that in general the procedure was excessively long is well founded.
    The evidence shows that rather than being held, as paragraph 14 of its Statutes stipulates, “not later than two months after [receipt of the Administration’s] reply”, the Appeals Board’s hearing was not held until 17 March 2016, though the reply had been submitted on 11 September 2014, over a year and a half earlier. Moreover, paragraph 19 of those Statutes provides that the Appeals Board’s report must be forwarded to the Director-General and a copy sent to the official “as soon as possible”, but the report was not in fact issued until 30 June 2016 and was forwarded only on 7 July, more than three and a half months after the hearing, which does not seem consistent with the requirement stipulated in paragraph 19. Lastly, as stated above, the Director-General’s final decision was taken on 16 January 2017, more than six months after the Appeals Board delivered its report, whereas paragraph 20 of the Statutes provides that the Director-General “shall make a decision thereon as soon as possible”.
    It is true that, as UNESCO rightly points out, the delays identified above were partly attributable to the complainant, who, amongst other things, requested extensions of time limits for filing her own submissions, and that they can also be explained by the unusual complexity of the case. It should likewise be borne in mind that the Director-General’s final decision was preceded by discussions with the complainant aimed at reaching a settlement, which obviously delayed its adoption.
    Nevertheless, the Organization was obliged, in accordance with the principle tu patere legem quam ipse fecisti, to adhere more strictly to the procedural time limits laid down in the Statutes of the Appeals Board. Its failure to do so added unduly to the total length of the internal appeal procedure, three and a half years in all, which is indisputably too long. Moral injury was thereby caused to the complainant, for which she legitimately claims redress (see, for similar cases, Judgment 3688, under 11, and aforementioned Judgment 3935, under 16).

    Reference(s)

    ILOAT Judgment(s): 3688, 3935

    Keywords:

    internal procedure; patere legem; time limit;

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Last updated: 07.03.2024 ^ top