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Receivability of the complaint (76, 77, 78, 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: 687

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  • Judgment 2279


    96th Session, 2004
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4(b)

    Extract:

    As regards receivability of a complaint challenging an administrative circular, "A distinction needs to be drawn [...] between instructions whose purpose is to tell the Administration how to apply the law, which have no direct bearing on the legal status of staff members, and administrative decisions which impose obligations on staff themselves, particularly decisions affecting an indeterminate number of staff." (in this case, it was an administrative circular dealing with the introduction of an electronic system for recording the attendance of staff members)

    Keywords:

    administrative instruction; cause of action; complaint; consequence; effect; individual decision; receivability of the complaint; staff member's duties; working hours;



  • Judgment 2255


    95th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12-13

    Extract:

    "The organization did not contest the receivability of the appeals to the appeals board and does not now contest that the complaints were timely filed in accordance with the Tribunal's Statute. Notwithstanding these facts, however, UNESCO now argues that the internal appeals to the Appeals Board were irreceivable and that accordingly, the complaints to the Tribunal are also irreceivable. [...] In Judgment 522, the Tribunal was faced with the identical situation and held: "There can be no doubt that the appropriate, if not the only, time to take the point was before the Appeals Board, since it is the proceedings before the Board that are said to be out of time [...] and not the proceedings before the Tribunal itself. The Tribunal has therefore now to consider whether or not justice requires that the organization should be given a second opportunity to take the point. Three factors ought to be considered. The first is whether the point is a clear and compelling one. The second is whether there is an adequate explanation of the organization's failure to take it. The third is whether the complainant may be prejudiced by the organizations's failure.' " The Tribunal applies, in the present case, the criteria set out in Judgment 552.

    Reference(s)

    ILOAT Judgment(s): 522

    Keywords:

    case law; complaint; date; injury; internal appeal; new plea; organisation's duties; receivability of the complaint; time limit;



  • Judgment 2250


    95th Session, 2003
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    When "the last day of the statutory ninety-day period [is] a holiday, the deadline is extended to the next business day, in line with the Tribunal's ruling in Judgments 306 and 517".

    Reference(s)

    ILOAT Judgment(s): 306, 517

    Keywords:

    complaint; new time limit; public holiday; receivability of the complaint; time bar; time limit;



  • Judgment 2244


    95th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "Although the disputed decision is regulatory in character, it applies generally to a category of staff members whom it may adversely affect. The case law has it (see Judgments 1451 and 1618) that in such a case there is no need to await an individual decision before an appeal can be considered receivable, and that the staff members concerned have an interest in challenging the lawfulness of the general decision which may affect them. Their complaints are therefore receivable ratione personae."

    Reference(s)

    ILOAT Judgment(s): 1451, 1618

    Keywords:

    case law; complainant; complaint; general decision; individual decision; internal appeal; locus standi; receivability of the complaint; status of complainant;

    Considerations 6-7

    Extract:

    Although "the complainants learnt from [a communiqué], addressed to all staff [...], that their appeal had been rejected [...] they were officially notified of the dismissal of their appeals only in [subsequent] letters [...], receipt of which they were asked to acknowledge. Contrary to the argument of the defendant, that was not a confirmation, but the first official notification of the decision to reject the internal appeals they had filed."

    Keywords:

    confirmatory decision; date of notification; general decision; individual decision; information note; internal appeal; receivability of the complaint; time bar;



  • Judgment 2239


    95th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "Since the complaints fail, so must the applications to intervene, it being noted that certain claims they contain which differ from those submitted in the complaints are in any case irreceivable."

    Keywords:

    claim; complaint; difference; intervention; new claim; receivability of the complaint; refusal; request by a party;



  • Judgment 2236


    95th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The right to intervene in a complaint filed before the Tribunal is available to persons who wish to claim the benefit of the judgment rendered on that complaint, without having themselves exhausted the remedies available to them. since the intervener has availed himself of the internal remedies and filed a complaint before the Tribunal on which judgment is delivered this day, his application to intervene is, therefore, irreceivable."

    Keywords:

    complaint; consequence; effect; intention of parties; internal appeal; intervention; judgment of the tribunal; receivability of the complaint; request by a party; right; status of complainant;



  • Judgment 2232


    95th Session, 2003
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The complainant, who had been the Organisation's Director-General, impugns the decision to terminate his appointment. The Organisation raises an objection to receivability, arguing that the decision impugned before the Tribunal is not an administrative decision, but essentially a political one. The Tribunal holds that "the complainant was an international civil servant who was entitled to appeal to the Tribunal against a decision to terminate his appointment. That decision must be viewed as an administrative decision, even though it was taken by the Conference of the States parties."

    Keywords:

    decision; executive body; executive head; grounds; iloat; interpretation; member state; official; rebuttal; receivability of the complaint; right of appeal; termination of employment;

    Consideration 9

    Extract:

    The complainant, who had been the Organisation's Director-General, impugns the decision to terminate his appointment. The Organisation raises an objection to receivability, arguing that the complainant was not a staff member. "The defendant [...] considers that since the particular case of the Director-General of the Organisation was not expressly provided for in the texts on which the Tribunal's jurisdiction is based, an express provision recognising its jurisdiction would have been necessary. It points out that [another international organisation] (UNESCO), having realised that it had no statutory provision nor any contractual stipulation attributing jurisdiction in the event of a dispute involving its Director-General, decided in 1999 to include such a clause in the contract it signed with him. whilst the Tribunal does not deny that UNESCO thereby clarified difficulties which were liable to arise, it does not view that as authority for the reverse proposition that contracts containing no such clause, entered into by other organisations with their respective chief administrative officers, must be deemed to exclude the jurisdiction of the Tribunal."

    Keywords:

    competence of tribunal; contract; decision; exception; executive head; grounds; interpretation; no provision; organisation; provision; rebuttal; receivability of the complaint; staff regulations and rules; status of complainant; termination of employment; written rule;

    Consideration 13

    Extract:

    The complainant, who had been the Organisation's Director-General, impugns the decision to terminate his appointment. The Organisation raises an objection to receivability because the matter was not referred to the Appeals Council. "In the present case, that procedure was not and clearly could not have been followed. Indeed, it is hard to imagine how the Director-General, stripped of his functions, could have appealed to the Appeals Council established under his own authority, against a decision of the Conference of the States parties, with a view to obtaining a final decision by the new Director-General. [...] An appeal to the Appeals Council was inconceivable, and the impugned decision was clearly a final decision - within the meaning of Article VII of the Tribunal's Statute [...] in that situation, a direct appeal to the Tribunal [...] was clearly the only remedy available to the complainant."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    absence of final decision; competence; decision; direct appeal to tribunal; executive body; executive head; grounds; iloat statute; internal appeal; internal appeals body; member state; procedure before the tribunal; purpose; rebuttal; receivability of the complaint; termination of employment;



  • Judgment 2223


    95th Session, 2003
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The fact that the Director-General [did not initiate] the appeal procedure invalidates the defendant's argument that internal remedies were not exhausted, although they should have been as required by article vii of the Tribunal's Statute. While it is regrettable that the case was never brought before the Joint Advisory Appeals Board, this does not prevent the Tribunal from ruling on the merits of the complaint, which has been filed within the applicable rules."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    competence of tribunal; consequence; executive head; formal requirements; good faith; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; organisation; organisation's duties; procedure before the tribunal; receivability of the complaint; refusal; staff member's duties;



  • Judgment 2222


    95th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Referring to the Tribunal's case law, in particular Judgments 70 and 1543, the defendant submits that the Tribunal's competence, ratione materiae, does not extend to disputes regarding the Director-General's discretion to waive diplomatic immunity. It is worth noting that the complainant does not in fact [...] challenge the decision to waive his diplomatic immunity in itself. He rather challenges the circumstances in which that decision was taken, which in his view violated his contractual rights or those arising from the general principles of law which should be observed by international organisations. Since the case law referred to by the defendant does not apply, the Tribunal is of the view that only a consideration of the merits of the case may show whether the complainant's allegations are well founded."

    Reference(s)

    ILOAT Judgment(s): 70, 1543

    Keywords:

    breach; case law; competence of tribunal; complainant; condition; decision; discretion; executive head; general principle; iloat; judgment of the tribunal; judicial review; organisation; organisation's duties; privileges and immunities; rebuttal; receivability of the complaint; right; terms of appointment; waiver of immunity;



  • Judgment 2219


    95th Session, 2003
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The [organisation] contends that the application for review is irreceivable on the grounds that it was submitted more than five months after the judgment was delivered. According to the [organisation], this does not constitute a "reasonable" time within the meaning of the case law referred to in Judgment 1952. The Tribunal on occasion has ruled on applications for review filed more than six months after the impugned judgment was delivered, and even though it is aware of the need to avoid going back on legal situations arising from its decisions, it may consider an application to be receivable when it is submitted nearly six months after a judgment has been delivered, as in the present case. If vital evidence were to come to light, for instance, a judgment could be reviewed even after a greater period of time has elapsed."

    Reference(s)

    ILOAT Judgment(s): 1952

    Keywords:

    application for review; case law; reasonable time; rebuttal; receivability of the complaint; res judicata; time-limit for filing an application for review;



  • Judgment 2218


    95th Session, 2003
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The Organization argues that the complainant submitted new "conclusions" to the Tribunal, compared to those he had put forward in his internal appeal [...]. In fact, the complainant's pleas, whether in the internal appeal or before the Tribunal, consist in challenging the decision taken regarding his grade and in obtaining a position in the normal salary scale at the level closest to the salary he had been receiving in the previous system. His request to be placed at a graded level within the new scale instead of one altogether outside the scale cannot properly be considered as going beyond the claims he had submitted in the internal appeals proceedings".

    Keywords:

    claim; complainant; complaint; decision; identical claims; iloat; internal appeal; interpretation; new claim; procedure before the tribunal; receivability of the complaint; request by a party; salary; scale;



  • Judgment 2213


    95th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The financial claims the complainant submits in his application for review are greater than those he put forward in the proceedings of the judgment he wants to have reviewed. "To that extent, they are [...] irreceivable on the grounds that internal remedies have not been exhausted."

    Keywords:

    allowance; application for review; internal remedies exhausted; new claim; receivability of the complaint;



  • Judgment 2210


    94th Session, 2003
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4(c) and (d)

    Extract:

    The Agency considers that the complainant has no cause of action (to challenge the outcome of a competition) since she holds a post corresponding to her wishes and did not apply for a post which is, according to the organisation, very similar to the disputed post. The Tribunal states that: "all staff members are entitled to compete in accordance with the conditions laid down in the applicable provisions. Staff members are free to choose whether or not to apply for a competition, provided that they do not abuse this right."

    Keywords:

    appointment; candidate; cause of action; competition; post; receivability of the complaint; right;



  • Judgment 2204


    94th Session, 2003
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The Organisation "expresses doubt as to the locus standi of most of the complainants, who are still far from the age of retirement [...]. In fact, all the complainants, regardless of their age, have an obvious interest in ascertaining as soon as possible the conditions on which the pension rights acquired by virtue of their employment prior to joining [the Organisation] may be transferred to their new pension scheme."

    Keywords:

    age limit; cause of action; condition; pension; pension entitlements; receivability of the complaint; retirement; transfer of pension rights;



  • Judgment 2196


    94th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The Tribunal "notes [...] that even after the filing of the complaints, it took the organisation more than a year to bring the internal appeal procedure to a conclusion. By any standards, that is an unacceptable delay. The organisation's plea that it is overwhelmed by a heavy volume and a backlog of internal appeals may be a reason, but it is not an excuse. Incompetence or a lack of resources can never justify depriving employees of their right to a speedy and just resolution of their grievances."

    Keywords:

    administrative delay; complaint; delay; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; receivability of the complaint; right;



  • Judgment 2190


    94th Session, 2003
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The complainant's claim that the Tribunal should order the organization to undertake disciplinary investigations into the actions of [...] the staff member who allegedly entered a 'frivolous and dilatory' plea of irreceivability before the [Headquarters] Board [of Appeal], clearly cannot be allowed by the Tribunal, which has no jurisdiction to issue injunctions against international organisations, let alone to cast judgment on the means of defence used on behalf of such organisations in the context of internal appeal proceedings or litigation."

    Keywords:

    claim; competence of tribunal; disciplinary procedure; inquiry; internal appeal; internal appeals body; investigation; organisation; receivability of the complaint; reply; right to reply;



  • Judgment 2185


    94th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    In its judgment on the complainant's first complaint the Tribunal gave the organisation the choice between reinstating the complainant or paying her a compensation. "The organization clearly chose not to reinstate the complainant. Consequently, the complainant's claim for reinstatement is irreceivable. It should also be noted that since [the organization] applied the second option of [that] judgment [...] to the complainant, she cannot seek to benefit from the first option as well."

    Reference(s)

    ILOAT Judgment(s): 1553

    Keywords:

    allowance; application for execution; claim; decision; enforcement; iloat; judgment of the tribunal; organisation; receivability of the complaint; reinstatement;



  • Judgment 2181


    94th Session, 2003
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant seeks the validation of her service, for pension purposes, of the period between 13 September 1978 and 14 November 1979. What emerges from Article 23 of the UNJSPF Regulations is that "staff members whose terms of appointment expressly excluded participation in the UNJSPF during the period of service preceding their participation cannot subsequently request the validation of that period of service. that was the case with the complainant [...] she could [...] have made use, at the time [...] of the appeal mechanisms established by the [organisation], to obtain a modification of the terms of her contracts, or to challenge the legality of [the] rule [which provided that staff members engaged under short-term contracts could not participate in the unjspf]. However, since she failed to do so in due time, she is hardly in a position to seek the annulment of her appointments of 1978 and 1979 more than 20 years later. Besides, the nature of those appointments can no longer be challenged. The argument that the complainant did not use the available means of appeal for fear of harming her career cannot be accepted. Moreover, her request for validation of service, which was submitted on 22 December 1999, must be considered to be time-barred."

    Keywords:

    contract; contributory service; fund membership; internal appeal; late appeal; participation excluded; receivability of the complaint; short-term; terms of appointment; time bar; time limit; unjspf; validation of service;



  • Judgment 2178


    94th Session, 2003
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3-4

    Extract:

    The complainant filed an application for execution less than two months after the judgment on his first complaint was delivered. "The haste with which he came to the Tribunal is all the more regrettable for the fact that the discussions taking place between the parties could have enabled them, if not to reach an agreement, then at least to clarify certain aspects of the case which remain uncertain [...]. The Federation raises the question of whether under these circumstances the application for execution is receivable. However, the Tribunal's case law shows a constant line of precedent on this issue: any serious difficulty concerning the execution of a judgment can validly be brought before the Tribunal by means of an application for execution. In the present case, it is to be regretted that the difficulties could not be overcome by the parties through discussion in good faith, but the Federation may not object to the receivability of the complainant's application."

    Reference(s)

    ILOAT Judgment(s): 2090

    Keywords:

    application for execution; case law; condition; execution of judgment; iloat; judgment of the tribunal; receivability of the complaint; time limit;



  • Judgment 2160


    93rd Session, 2002
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Clearly, most of the relief claimed is not within the power of the Tribunal to grant at this stage for it depends upon a finding by a competent body (a medical board) that the complainant in fact suffers from the psychological condition mentioned and a finding by another competent body (a compensation board) that such condition is service-related. Equally clearly, however, she is entirely within her rights to demand that such bodies be constituted without delay."

    Keywords:

    claim; competence of tribunal; complaint; delay; illness; medical board; organisation's duties; receivability of the complaint; right;

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Last updated: 28.10.2020 ^ top