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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: 684

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  • Judgment 1983


    89th Session, 2000
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant's contract was not extended. "It is true that the complainant was aware of the organization's intentions, having been informed of them several times, in particular, in a talk with the Director of the [organization's] service in France on 6 November 1997 and by the fax messages of 11 and 20 November 1997. Nevertheless, she was right to wait for official notification of an administrative decision from the competent authorities of [the organization] before challenging the measure. Although the letter of 16 January 1998 signed by the Director of the [organization's] service in France appears to be merely a letter of confirmation, it is the only official administrative decision adversely affecting the complainant. Her letter of 6 February 1998 seeking a review of it was therefore in time."

    Keywords:

    cause of action; complaint allowed; complaint allowed in part; confirmatory decision; decision; duty to inform; non-renewal of contract; notice; organisation's duties; receivability of the complaint; separation from service; staff member's interest;



  • Judgment 1980


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5 & 10

    Extract:

    "The complainants contend that Judgment 1663 was not properly executed. According to a general principle, a judgment ordinarily affects only the parties to the suit and applies only to the issues raised in it. [...] The complainants were not parties to the proceedings that led to Judgment 1663 and so are not entitled to benefit from it unless they can invoke some special ground." The complainants were unable to do so. Therefore the Tribunal found that, "having no locus standi to apply for the execution of Judgment 1663, the complainants cannot plead that the execution of the judgment was formally flawed."

    Reference(s)

    ILOAT Judgment(s): 1663

    Keywords:

    execution of judgment; flaw; formal flaw; general principle; judgment of the tribunal; locus standi; receivability of the complaint; res judicata; same cause of action; same parties;



  • Judgment 1979


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Consistent precedent holds that, since judgments carry the authority of res judicata only for the parties to a dispute (see Judgment 1935 [...]), complainants may not put forward claims for the whole staff, but only for themselves. The complaints are irreceivable insofar as they address the position of persons who are not parties to this suit."

    Reference(s)

    ILOAT Judgment(s): 1935

    Keywords:

    binding character; case law; claim; general principle; insurance benefit; judgment of the tribunal; locus standi; receivability of the complaint; request by a party; res judicata; same parties;



  • Judgment 1970


    89th Session, 2000
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "A complainant cannot sit back and do nothing when an appeal is lodged. He must pursue the appeal diligently. Only then can he claim that delay is unreasonable. In the present case, the complainant failed to exhaust the means of internal appeal because he did not pursue his appeal diligently; therefore, he does not qualify to bring a direct appeal to the Tribunal."

    Keywords:

    absence of final decision; complaint; complaint allowed; complaint allowed in part; delay; direct appeal to tribunal; internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint; staff member's duties; time limit;



  • Judgment 1968


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Receivability falls to be determined at the time that a complaint is filed, not at some later date. As at 29 July 1999 the complainant had done all that could be reasonably expected of him. He had filed his appeal in time. Approximately a year later he wrote to enquire about its progress and had been informed that the administration had done nothing but would move forward as soon as possible. He filed his complaint just over four months later having heard nothing further from the administration. At that time almost twenty months had elapsed since the original challenged decision had been published. The administration's plea that it had a heavy backlog of internal appeals to deal with may be a reason for the inordinate delay, but it is not an excuse. As at 29 July 1999, it was simply not reasonable to expect the complainant to wait any longer to see even the beginning of the end of the internal appeal procedure. If the organisation was overloaded with internal appeals, it was for it to remedy the situation rather than expect the complainant to bear the consequences."

    Keywords:

    absence of final decision; administrative delay; complaint; complaint allowed; complaint allowed in part; delay; internal appeal; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;

    Consideration 6

    Extract:

    "The [...] ground of alleged irreceivability[,that the decision to promote a colleague did not adversely affect the complainant,] is [...] untenable. [The two staff members] were at the same grade, in the same career stream, and both are entitled to expect that promotions will only be made fairly and objectively, based on merit and in accordance with law."

    Keywords:

    career; cause of action; complaint allowed; complaint allowed in part; decision; equal treatment; organisation's duties; patere legem; promotion; receivability of the complaint;



  • Judgment 1964


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It is within the competence of the Tribunal to determine whether or not there is a contract of appointment by which the parties are bound and which would entitle the official covered by the contract to the rights enjoyed by the officials of an organisation that has recognised the Tribunal's jurisdiction. However, in the material case, the [organisation's] agreement to appoint the complainant was subject to the fulfilment of a condition which cannot be said to be a mere formality, namely, recognition that he was physically fit enough to discharge his functions. [...] Consequently, the complainant, who has never been an employee of the [organisation], is raising a matter which is not within the scope of the Tribunal's competence."

    Keywords:

    appointment; competence of tribunal; complainant; complaint; condition; contract; locus standi; medical examination; non official; offer; offer withdrawn; official; receivability of the complaint; status of complainant; tribunal;



  • Judgment 1929


    88th Session, 2000
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "It is not in the interests of the complainant to seek a ruling in law [...] when in practice he can obtain the quashing of the decision and redress."

    Keywords:

    claim; complaint allowed; complaint allowed in part; decision quashed; judgment of the tribunal; receivability of the complaint; right;



  • Judgment 1927


    88th Session, 2000
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "While the complaint may seem to show no cause of action, since the decision to suspend him has been revoked, the measure did have material - although not financial - and particularly moral consequences during the period for which it was in effect. Certain of the complainant's duties were withdrawn, although he continued to receive full pay. In these conditions, the complaint does still show cause for action [...]."

    Keywords:

    cause of action; consequence; decision; injury; material injury; moral injury; receivability of the complaint; suspension; withdrawal of decision;



  • Judgment 1897


    88th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "As the organisation did not contest the receivability of a premature appeal [...] during the internal procedure, the principle of good faith prevents it from doing so subsequently."

    Keywords:

    complaint allowed; complaint allowed in part; good faith; internal appeal; organisation's duties; receivability of the complaint;



  • Judgment 1888


    87th Session, 1999
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Both the Regional Board and the Headquarters Board of Appeal made a specific finding that the appeals were receivable, but the Tribunal's case law establishes that notwithstanding such findings it is still open to the organization to submit the question of the receivability of the internal appeal to the Tribunal."

    Reference(s)

    ILOAT Judgment(s): 575

    Keywords:

    case law; internal appeal; internal appeals body; organisation; receivability of the complaint; recommendation; report; right;



  • Judgment 1852


    87th Session, 1999
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The Tribunal's case law is consistent to the effect that a complainant cannot attack a rule of general application unless and until it is applied in a manner prejudicial to him. [The present complaint] is a general attack which is not tied to any particular application of the impugned rules to the complainant. It will not therefore be considered by the Tribunal."

    Reference(s)

    ILOAT Judgment(s): 764, 1329, 1423

    Keywords:

    case law; cause of action; enforcement; general decision; individual decision; injury; lack of injury; provision; receivability of the complaint; staff regulations and rules;



  • Judgment 1845


    87th Session, 1999
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "Under Article II(6) of its Statute the Tribunal is open to a former staff member. However, Article II(5) restricts the competence of the Tribunal, ratione materiae, to complaints alleging the non-observance, in substance or in form, of the terms of appointment of a staff member or of the provisions of the applicable staff regulations. On expiry of the complainant's contract, he ceased to be a staff member. His complaint, concerning his non-selection [to the post of assistant to the head of administration] does not involve any allegation of the violation of any rights which he enjoyed under his contract or the Staff Regulations insofar as they continued to apply to him. The Tribunal therefore [cannot] entertain the complaint."

    Reference(s)

    ILOAT reference: ARTICLE II (5) OFTHE STATUTE;
    ARTICLE II (6) OF THE STATUTE


    Keywords:

    candidate; competence of tribunal; competition; contract; enforcement; external candidate; iloat statute; locus standi; receivability of the complaint; separation from service; staff regulations and rules;



  • Judgment 1833


    86th Session, 1999
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "the Tribunal holds that the complaints before it are clearly irreceivable. The complainant has not exhausted his internal remedies and has not given the [organization] sufficient time to respond to those matters which have formed the subject of his internal claims. [A] complainant who changes the form and content of his internal claims cannot lay on his employer the responsibility of replying to an original set of claims while still retaining whatever benefits may flow to him from an amended one."

    Keywords:

    internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint;



  • Judgment 1832


    86th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "A staff member who appeals to the wrong [internal appeals] body does not on that account forfeit the right of appeal. Time and again the Tribunal has held that, though rules of procedure must be strictly complied with, they must be construed with common sense and not set traps for the staff member: see Judgment1734 [and] any penalty for breaking such a rule must be reasonably fitting. [...] When there are two authorities that may be competent it is easy enough for one to forward a misdirected appeal to the other. If the staff member filed it in time, even with the wrong authority, then it will be receivable, and that authority will simply forward it without ado to the other one."

    Reference(s)

    ILOAT Judgment(s): 1734

    Keywords:

    competence; complainant; complaint allowed in part; good faith; internal appeal; internal appeals body; procedure before the tribunal; receivability of the complaint; right of appeal; time limit;



  • Judgment 1829


    86th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Any challenge to administrative decisions which were rendered with regard to the complainant after the filing of the first internal appeal but which were not the subject of further internal appeals is irreceivable: such decisions are not final, the complainant not having exhausted all existing means of resisting them as Article VII(1) of the Tribunal's Statute requires."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE

    Keywords:

    absence of final decision; decision; iloat statute; internal appeal; internal remedies exhausted; procedure before the tribunal; receivability of the complaint;

    Considerations 6, 7 and 8

    Extract:

    "The complainant asks the Tribunal to review [an administrative decision] notwithstanding that the internal appeal procedure has not been completed. The Tribunal's case law has it that where the pursuit of the internal remedies is unreasonably delayed the requirement of Article VII(1) will have been met if, though doing everything that can be expected to get the matter concluded, the complainant can show that the internal appeal proceedings are unlikely to end within a reasonable time. [The Tribunal refers to the case law.] The complainant's internal appeal was received by the organisation on 16 April 1997. Her statement is lengthy and has 24 annexes. Less than a month later the Vice-President completed his initial assessment of her claims and referred the matter to the Appeals Committee. She filed this complaint just over three months later. The Tribunal holds that at the date of filing the present complaint the internal appeal process had not been unreasonably delayed and there was no indication that it was unlikely to come to an end within a reasonable time."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE

    Keywords:

    case law; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; procedure before the tribunal; reasonable time; receivability of the complaint; time limit;



  • Judgment 1786


    86th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "According to consistent precedent, when impugning an individual decision that touches him directly, the employee of an international organisation may challenge the lawfulness of any general or prior decision'. That ruling does not allow direct challenge to a general decision of a kind that must ordinarily be given effect by individual decision [see Judgment 1000]. As the Tribunal said in Judgments 624 [...] and 663 [...] and has often said since, the staff member must impugn an individual decision applying a general one and, if need be, may for that purpose challenge the lawfulness of the general one without any risk of being told that such challenge is time-barred."

    Reference(s)

    ILOAT Judgment(s): 624, 663, 1000

    Keywords:

    case law; cause of action; complaint; general decision; individual decision; official; receivability of the complaint; time bar; time limit;



  • Judgment 1780


    85th Session, 1998
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6 (b)

    Extract:

    "Regular payments by an employer, whether in the form of salary or of some other benefit, amount to decisions that may be challenged at the time. Failing such challenge they become final and may be challenged thereafter only if there are grounds for review of administrative action."

    Keywords:

    allowance; condition; continuing breach; individual decision; receivability of the complaint; salary;



  • Judgment 1752


    85th Session, 1998
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The complainant's wife, who was a member of the staff of the International Labour Office committed suicide. Among other things, the complainant seeks awards of damages for the moral injury suffered by his wife as well as by his son and himself. "[The complainant] has access to the Tribunal under Article II(6) of its Statute only as the successor to any rights his wife may have had, since she alone was an official of the ILO. He may claim damages only for moral injury he says she suffered in its employ because of its failure to treat her with due care or for whatever other reason."

    Reference(s)

    ILOAT reference: ARTICLE II(6) OF THE STATUTE

    Keywords:

    injury; locus standi; moral injury; ratione personae; receivability of the complaint; respect for dignity; status of complainant; successor;



  • Judgment 1740


    85th Session, 1998
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "In line with consistent precedent the Tribunal will take [...] the date [the addressee] himself entered on the text, as the date of receipt of the decision. That he did not look at it until later is immaterial. What counts is the date at which he got it."

    Keywords:

    complaint; date of notification; receivability of the complaint; start of time limit; time bar; time limit;



  • Judgment 1712


    84th Session, 1998
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "As the Tribunal has said before, there may be a cause of action even if there is no present injury: time may go by before the impugned decision causes actual injury. The necessary, yet sufficient, condition of a cause of action is a reasonable presumption that the decision will bring injury. The decision must have some present effect on the complainant's position."

    Keywords:

    absence of final decision; case law; cause of action; complainant; complaint allowed; complaint allowed in part; consequence; decision quashed; effect; injury; receivability of the complaint;

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Last updated: 12.08.2020 ^ top