Receivability of the complaint (76, 77, 78, 947, 88, 89, 656, 743, 94, 95, 96, 97, 98, 99, 734, 748, 749,-666)
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Keywords: Receivability of the complaint
Total judgments found: 735
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Judgment 2882
108th Session, 2010
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Although rules of procedure must be strictly complied with, they must not be construed too pedantically or set traps for staff members who are defending their rights. If these staff members break such a rule, the penalty must fit the purpose of the rule. Consequently, a staff member who appeals to the wrong body does not on that account forfeit the right of appeal (see Judgments 1734, under 3, and 1832, under 6). [...] The fact that an appeal is mistakenly submitted directly to the Appeal Board, as occurred in this case, cannot entail the irreceivability of the appeal. The Appeal Board has a duty to forward to the Director General any document which is intended for his attention and which has been sent to it in error, in order that it may be treated as a request for review."
Reference(s)
ILOAT Judgment(s): 1734, 1832
Keywords:
breach; due process; executive head; formal requirements; good faith; internal appeal; internal appeals body; interpretation; organisation's duties; proportionality; purpose; receivability of the complaint; right of appeal; staff member's duties; written rule;
Judgment 2878
108th Session, 2010
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The Tribunal finds that the Organization failed to deal with the complainant's appeal in a timely and diligent manner as the internal appeal process lasted for approximately 21 months, which is unacceptable in view of the simplicity of the appeal which hinged primarily on a question of receivability (see Judgment 2841, under 9). Therefore the Tribunal awards the complainant 1,500 euros in damages."
Reference(s)
ILOAT Judgment(s): 2841
Keywords:
administrative delay; delay; internal appeal; material damages; organisation's duties; reasonable time; receivability of the complaint; time limit;
Judgment 2868
108th Session, 2010
South Centre
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-13
Extract:
"On the issue of receivability, the Centre contends that [...] the complainant was late in filing his appeal with the Board, and that his complaint is therefore not receivable."
"The Tribunal rejects this objection to receivability. [T]he Chairman of the Board advised the complainant that the Board had decided to grant his request for review of the administrative decisions despite the late filing of the notice of appeal. [T]he Appellate Body accepted the appeal and, as no objection was then taken, it is not open to the Centre to object before the Tribunal."
Keywords:
delay; internal appeals body; rebuttal; receivability of the complaint; staff regulations and rules; time bar; time limit;
Judgment 2866
108th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4 and 5
Extract:
The complainant challenged the Organisation's decision not to grant her the expatriation allowance provided for in Article 72 (1) of the Service Regulations. The Tribunal held that she had failed to adduce cogent evidence that she fulfilled the requirements for the granting of the said allowance.
"The EPO argues that although it was outside the time contemplated in Article 109(2) of the Service Regulations, a decision on the complainant's appeal was taken by the President and the appeal was forwarded to the Internal Appeals Committee prior to the complaint being filed. Accordingly, there was no longer an implicit rejection of the complainant's appeal and Article VII, paragraph 3, of the Tribunal's Statute does not apply. In its view, as the Tribunal held in Judgment 533, under 5, the complaint is irreceivable on the grounds that the internal means of redress have not been exhausted."
"The EPO's reliance on Judgment 533 is misplaced. In the present case, by the EPO's own admission the decision was not taken within the time provided in Article 109(2) of the Service Regulations. As the Tribunal stated in Judgment 2562, under 6:
"The EPO cannot be heard to argue that the complainant has failed to exhaust internal means of redress when the sole reason for his failing to do so was the EPO's own failure to abide by its own Service Regulations and to follow the timelines under Article 109(2). [...]"
Accordingly, the complaint is receivable."
Reference(s)
ILOAT reference: Article VII, paragraph 3, of the Statute
Organization rules reference: Article 109(2) of the Service Regulations
ILOAT Judgment(s): 533, 2562
Keywords:
administrative delay; direct appeal to tribunal; implied decision; internal appeal; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint; time bar; time limit;
Judgment 2863
108th Session, 2010
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant was notified of the decision he impugns before the Tribunal on 11 March 2008 and filed his complaint against the Eurocontrol Agency on 11 June 2008. The Agency contends that the complainant had three months as from 11 March 2008 to submit a complaint to the Tribunal in accordance with Article 93(3) of the Staff Regulations governing officials of the Eurocontrol Agency.
"The Tribunal draws attention to the fact that the conditions for the receivability of complaints submitted to it are governed exclusively by the provisions of its own Statute. An organisation which has recognised the jurisdiction of the Tribunal may not depart from the rules which it has thus accepted. Article VII, paragraph 2, of the Statute of the Tribunal stipulates that '[t]o be receivable, a complaint must [...] have been filed within ninety days after the complainant was notified of the decision impugned or, in the case of a decision affecting a class of officials, after the decision was published'.
It is therefore unlawful for Article 93 to set a different time limit for filing a complaint with the Tribunal by specifying that this must be done within three months rather than within ninety days. In the instant case the complainant, who was notified of the impugned decision on 11 March 2008, had ninety days to refer the matter to the Tribunal. While he is quite right in arguing that this period of time began on the day after that on which he had received notification and not on the date of notification itself, in accordance with the Tribunal's case law, his complaint is nonetheless time-barred, since this ninety-day period expired on 10 June. His complaint filed on 11 June 2008 was lodged on the ninety-first day after the day following that on which he was notified of the decision."
Reference(s)
ILOAT reference: Article VII, paragraph 2, of the Statute
Organization rules reference: Article 93(3) of the Staff Regulations governing officials of the Eurocontrol Agency
Keywords:
complaint; condition; date; date of notification; difference; flaw; general decision; iloat statute; individual decision; organisation's duties; publication; receivability of the complaint; staff regulations and rules; start of time limit; time bar; time limit; written rule;
Judgment 2856
107th Session, 2009
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal rejects the Organization's argument that since the claim is now moot it is irreceivable. The Tribunal observes that a plea of mootness is not an issue of receivability. As a matter of law, a claim is moot when there is no longer a live controversy. Whether or not there is a live controversy is a matter to be determined by the Tribunal. Thus, even if a claim is moot it may still be receivable."
Keywords:
cause of action; complaint; receivability of the complaint;
Judgment 2853
107th Session, 2009
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-8
Extract:
The difference as to the complainant's performance rating was not resolved in internal grievance proceedings and the complainant filed an internal appeal. Having received no response, the complainant sent an e-mail to the Registry of the Tribunal, stating that he wished to file a complaint.
"It is fundamental that a litigant cannot pursue the same claim before different adjudicative bodies at the same time. Normally, the litigant will be forced to elect the forum in which he or she intends to proceed. That did not happen in the present case. Nonetheless, the complainant pursued his internal appeal to finality and, thus, must be taken to have elected to pursue internal remedies rather than to proceed at that stage before the Tribunal on the basis of an implied rejection of his internal appeal. However, that does not mean that the complaint is irreceivable."
"[When] the complainant [decided] to pursue internal remedies [...], [his] complaint had already been filed and it was receivable pursuant to Article VII, paragraph 3, of the Statute. Moreover, he then had a cause of action, as his claim was not satisfied until 13 December 2007."
"Even though the complaint became without object on 13 December 2007, it was receivable when filed and the complainant then had a cause of action. Accordingly, he is entitled, in these circumstances, to the costs associated with its filing, even though not requested in the complaint. However, he is not entitled to costs in respect of subsequent pleadings which were filed after his decision to pursue his internal appeal. There will be an award of costs in the amount of 500 Swiss francs, but the complaint must otherwise be dismissed."
Keywords:
absence of final decision; costs; direct appeal to tribunal; duplication of proceedings; implied decision; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 2837
107th Session, 2009
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"[A]rguments raised before internal appeals bodies can be developed in a complaint before the Tribunal, but the complaint cannot include new claims (see, in particular, Judgments 429, under 1, 452, under 1, and 1380, under 12)."
Reference(s)
ILOAT Judgment(s): 429, 452, 1380
Keywords:
new claim; new plea; receivability of the complaint;
Judgment 2834
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The only issues on appeal are those arising from the contested decision and the only remedies that can flow from a successful appeal must be in relation to the contested decision.
Keywords:
receivability of the complaint;
Judgment 2832
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7-8
Extract:
The complainant retired on 1 March 2007. Having been informed of the appointment, with effect from 1 June 2007, of a number of grade A3 examiners to appeal board member posts at grade A5, he field an internal appeal against the appointments in question. The EPO contends that the complainant, given his status as a retiree, has no cause of action.
"It has to be acknowledged that this objection to receivability is well founded. [...] It is true that the Tribunal's case law as set forth, inter alia, in Judgments 1330, 2204 and 2583, does not make a complaint's receivability depend on proving certain injury. It is sufficient that the impugned decision should be liable to violate the rights or safeguards that international civil servants enjoy under the rules applicable to them or the terms of their employment contract. Thus, where a decision is taken, for instance, to appoint a staff member to a particular post, another staff member's interest in challenging such an act does not depend on whether he or she had a relatively good chance of being appointed to the post in question (see, for example, Judgments 1223 and 1272). However, as demonstrated by the same case law, the person concerned must be eligible to occupy the post; otherwise he or she could not be deemed to be legally affected by the disputed appointment. This condition is clearly not met in the present case, because the complainant could not, on account of his retirement, aspire to be appointed as a member of an appeal board with effect from 1 June 2007 and because the disputed decisions therefore had no impact on his own situation."
Reference(s)
ILOAT Judgment(s): 1223, 1272, 1330, 2204, 2583
Keywords:
appointment; case law; cause of action; complaint; condition; consequence; contract; date; decision; injury; internal appeal; official; post; provision; receivability of the complaint; retirement; right; safeguard; staff regulations and rules; status of complainant;
Judgment 2831
107th Session, 2009
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
The internal appeal, which the complainant lodged on 27 August 2007 against a decision dated 23 May 2007, was rejected on 18 October 2007 on the grounds that it was time barred. The complainant asks the Tribunal to set aside the decision of 18 October 2007.
"In reality the internal appeal was filed within the three-month period laid down by the Staff Regulations. The complainant received the decision of 23 May 2007 on 24 May 2007. The period for lodging an appeal began to run on the next day, i.e. 25 May 2007. It expired on 25 August 2007 which, being a Saturday, was not a working day at WIPO. The time limit for submitting an appeal was therefore extended until the next working day, in other words Monday, 27 August 2007, the date on which the internal appeal was filed.
It follows that the decision of 18 October 2007 that the internal appeal lodged by the complainant was irreceivable must be set aside.
Since the complainant succeeds, he shall be awarded 5,000 Swiss francs in compensation for the injury which he has suffered [...]."
Keywords:
internal appeal; late appeal; receivability of the complaint; saturday; start of time limit; time bar; time limit;
Judgment 2829
107th Session, 2009
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3 and 5
Extract:
The complainant filed an appeal with the WIPO Appeal Board challenging the decision to suspend him from duty. The Board held that the appeal was irreceivable pursuant to the res judicata rule, inasmuch as it had already issued an opinion on the measure of suspension and no new administrative decision had been taken on this matter. The Director General also deemed the appeal irreceivable pursuant to the res judicata rule.
The Tribunal considers that "[t]he res judicata rule applies to decisions of judicial bodies, but not to opinions or recommendations issued by administrative bodies. The Director General was therefore obviously wrong to cite this rule as the basis for declaring the internal appeal irreceivable on the grounds that the Appeal Board had already given an opinion on the suspension and that no new administrative decision had been taken on this matter."
[...]
"The Organization shall pay the complainant 3,000 Swiss francs in compensation for the moral injury which he suffered owing to the fact that the merits of his internal appeal were not examined."
Keywords:
advisory opinion; allowance; compensation; executive head; general principle; grounds; internal appeal; internal appeals body; judgment of the tribunal; moral injury; receivability of the complaint; recommendation; res judicata;
Judgment 2827
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The EPO contends that the complaints are irreceivable ratione materiae on the basis that the implied decision refusing to provide the complainants with the requested information is not a "decision relating to a specific individual" for the purposes of Article 106 of the Service Regulations. It was pointed out in Judgment 1542 that: "a complaint is receivable only if it is about an individual official's status as an employee of the organisation, not about the collective interests of trade unionists." It is well settled that a complaint may concern breach of the Service Regulations (see Judgment 1147) or other guarantees that the EPO is bound to provide to its staff (see Judgment 2649). Those guarantees extend to freedom of association and collective bargaining insofar as they are implicit in the Service Regulations. With respect to collective bargaining, it is sufficient to note that Article 34(1) mandates that the Staff Committee "shall represent the interests of the staff and maintain suitable contacts between the competent administrative authorities and the staff" and that Article 36(1) enables it to "mak[e] [...] suggestions relating to [...] the collective interests of the whole or part of the staff". However, the rights that are comprehended within the notions of "freedom of association" and "collective bargaining" that may also be the subject of an internal appeal and, subsequently, of a complaint to the Tribunal are individual rights inhering in individual staff members."
Reference(s)
Organization rules reference: Articles 34, 36 and 106 of the Service Regulations for Permanent Employees of the EPO
ILOAT Judgment(s): 1147, 1542, 2649
Keywords:
collective bargaining; collective rights; complaint; decision; freedom of association; individual decision; organisation's duties; receivability of the complaint; right; staff representative; staff union; staff union activity;
Consideration 3
Extract:
"The argument that the complaints are not receivable ratione personae is based solely on the fact that the complainants did not describe themselves as members of the Staff Committee, in which capacity they may institute proceedings to ensure observance of the Service Regulations (see Judgments 1147, 1897 and 2649), but as «elected staff representatives». The argument must be rejected. The complainants are members of the Staff Committee, a fact that was communicated to the EPO in June 2006, shortly after their election. Moreover, they referred in their request of 4 July 2007 to Article 34 of the Service Regulations which sets forth certain duties of the Committee. The EPO does not, and could not credibly claim that it has been prejudiced by the complainants' failure to state expressly that they are members of the Staff Committee. In these circumstances it is not in the interests of justice to hold the complaints irreceivable by reason of what the EPO, itself, implicitly acknowledges was a «clerical error»."
Reference(s)
Organization rules reference: Article 34 of the Service Regulations for Permanent Employees of the EPO
ILOAT Judgment(s): 1147, 1897, 2649
Keywords:
complaint; receivability of the complaint; staff representative; staff union; staff union activity;
Judgment 2825
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Because the letter [...] must be construed as meaning that a final decision would only be taken on the complainant's internal appeal after receipt of the opinion of the Internal Appeals Committee, it did not convey a final decision. As Article VII, paragraph 1, of the Tribunal's Statute allows only for complaints with respect to final decisions, the complaint is irreceivable. The matter must proceed before the Internal Appeals Committee."
Reference(s)
ILOAT reference: Article VII of the Statute
Keywords:
complaint; decision; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint;
Judgment 2823
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"Although the complainant relies on his salary slips, that reliance is misplaced. It is correct, as pointed out in Judgment 1798, that «pay slips are individual decisions that may be challenged before the Tribunal». However, they cannot be challenged as new decisions if they merely confirm a decision that was taken at some earlier time and outside the time limits in which an appeal may be brought."
Reference(s)
ILOAT Judgment(s): 1798
Keywords:
confirmatory decision; decision; individual decision; new time limit; payslip; receivability of the complaint; right of appeal;
Judgment 2822
107th Session, 2009
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
In 2006 Eurocontrol approved a revision of the conditions of employment which redefined the functions and grades of Flight Data Operators. The complainant seeks, inter alia, renegotiated employment conditions and the award of temporary B4 grades to all Flight Data Operators.
"[The] Tribunal cannot entertain the complainant's claim that all Flight Data Operators should be granted B4 grades [...]. [The] complainant alleges no breach of his employment conditions or of the applicable Staff Rules or Regulations. And as pointed out in Judgment 1852, 'a complainant cannot attack a rule of general application unless and until it is applied in a manner prejudicial to him'."
Reference(s)
ILOAT Judgment(s): 1852
Keywords:
cause of action; competence of tribunal; general decision; individual decision; lack of injury; receivability of the complaint;
Judgment 2821
107th Session, 2009
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6 to 10
Extract:
The complainant was employed by the ILO from 16 June 1995 until 30 April 2004 under two temporary contracts which were extended several times and did not provide for pension coverage. On 1 May 2004 he was granted a fixed-term contract and acquired the status of an official of the Organization. On 1 August 2006 he filed a grievance, requesting that the above-mentioned period be validated for the purposes of affiliation to the United Nations Joint Staff Pension Fund.
"The complainant did not challenge the content of [his temporary] contracts within the six-month time limit laid down for this purpose in the contracts themselves. It follows that he was manifestly no longer in a position, by the date on which he filed his grievance with the Organization, i.e. more than two years after the end of the period covered by his last contract, to challenge the provisions thereof."
The Tribunal rejected the arguments on which the complainant relied to persuade it that this time limit was not applicable to him.
Keywords:
contract; date; extension of contract; fixed-term; internal appeal; official; participation; participation excluded; pension entitlements; receivability of the complaint; request by a party; short-term; status of complainant; time bar; time limit; unjspf; validation of service;
Judgment 2820
107th Session, 2009
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"As the FAO raised the question of the applicability of Article VII, paragraph 3, of the Statute, for the sake of completeness the Tribunal makes the following observation. Article VII, paragraph 3, provides that if the Administration fails to take a decision within sixty days of the notification of a claim, the official may have recourse to the Tribunal and the complaint is receivable in the same manner as a complaint taken against a final decision. In Judgment 2784, under 6, the Tribunal held that paragraph 3 only applies to an anticipated final decision. In the present case, it is clear that no final decision could be anticipated until the complainant submitted his appeal to the Appeals Committee."
Reference(s)
ILOAT reference: Article VII of the Statute
ILOAT Judgment(s): 2784
Keywords:
decision; direct appeal to tribunal; internal appeal; receivability of the complaint; right of appeal; time limit;
Judgment 2818
107th Session, 2009
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"In Judgment 2011 the Tribunal stated the following: «A decision made in different terms, but with the same meaning and purport as a previous one, does not constitute a new decision giving rise to new time limits [...], nor does a reply to requests for reconsideration made after a final decision has been taken [...].»"
Reference(s)
ILOAT Judgment(s): 2011
Keywords:
decision; new time limit; receivability of the complaint; time bar; time limit;
Judgment 2816
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Consistent precedent has it that: «Neither the Statute nor the Rules of Court permit an application for review of a judgment of the Administrative Tribunal. The Tribunal may therefore declare such an application receivable only in quite exceptional circumstances, for example when new facts of decisive importance have come to light since the date of the judgment.» (See in particular Judgment 350.)"
Reference(s)
ILOAT Judgment(s): 350, 2580
Keywords:
admissible grounds for review; application for review; receivability of the complaint; summary dismissal;
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