Review of administrative decision (683,-666)

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Keywords: Review of administrative decision
Total judgments found: 3

• 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.

  Judgment keywords

  Keywords:

  complaint dismissed; failure to exhaust internal remedies; former official; internal appeal; review of administrative decision;
  

  Consideration 4

  Extract:

  It is firmly established in the Tribunal’s case law that a staff member is not allowed, on her or his own initiative, to evade the requirement that internal means of redress must be exhausted before a complaint is filed with the Tribunal (see Judgments 4443, consideration 11, and 3458, consideration 7).

  Reference(s)

  ILOAT Judgment(s): 3458, 4443
  

  Keywords:

  internal appeal; internal remedies not exhausted; receivability of the complaint; review of administrative decision;
  

  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 3861

  
  124th Session, 2017
  International Criminal Court
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the refusal to grant her flexible working arrangements during the breastfeeding period.

  Consideration 5

  Extract:

  The Tribunal points out that the term “decision” means an act by an officer of an organisation which has a legal effect (see, for example, Judgments 532, under 3, and 3141, under 21). Having examined the two aforementioned emails, one containing a suggestion to the complainant and the other informing her of guidelines applicable within the ICC, it is obvious that they do not constitute administrative decisions. Moreover, in Judgment 2644, under 8, the Tribunal explained that “[t]here are occasions when a staff member may treat a communication or other action [...] as embodying a decision with respect to his or her entitlements (see Judgment 2629 [...]).However, where, [...] there is no indication that the communication in question constitutes a final decision, there are and may be circumstances that lead a staff member to reasonably conclude that it does not. Particularly is that so if, [...] it concerns a matter that has not been the subject of an express claim or there is nothing to suggest that the matter in question has been considered by a person with authority to make a final decision thereon.”

  Reference(s)

  ILOAT Judgment(s): 532, 2629, 2644, 3141
  

  Keywords:

  administrative decision; decision; definition; receivability of the complaint; review of administrative decision;
  

  
  
  

• Judgment 3693

  
  122nd Session, 2016
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the EPO’s implied rejection of his internal appeals against the decision not to grant him the expatriation allowance retroactively and the decision to cease paying him the allowance.

  Consideration 21

  Extract:

  The Tribunal considers that inasmuch as a review of a decision that was favourable to the complainant was being conducted, ordinary principles of procedural fairness required that he should have been notified of it and given an opportunity to explain why it should not have been reversed.

  Keywords:

  review of administrative decision;