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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 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; consequence; effect; injury; receivability of the complaint;



  • Judgment 1706


    84th Session, 1998
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "As for the special panel set up to deal with allegations of discrimination, neither the Joint Appeals Board nor UNIDO cites any provision of the Staff Rules which compels recourse to that panel. The complainant's failure to put her grievance to it does not make her complaint irreceivable. Where a matter is otherwise within its jurisdiction the Tribunal can and will entertain related allegations of discrimination."

    Keywords:

    competence of tribunal; internal appeal; internal appeals body; internal remedies exhausted; priority; receivability of the complaint; right; sex discrimination; staff member's duties; staff regulations and rules; tribunal;



  • Judgment 1682


    84th Session, 1998
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The decisions taken by the [Organisation] each year on pay fully supersede earlier ones. In entertaining challenges to individual decisions on the complainants' pay [...] the Tribunal will look at the latest decision [...] on pay scales."

    Keywords:

    adjustment; complaint; decision; general decision; individual decision; period; receivability of the complaint; salary; scale;



  • Judgment 1674


    84th Session, 1998
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6(B)

    Extract:

    "Where the decision-making authority tarries over an appeal, the internal procedure must be deemed exhausted when the complainant has done his utmost to get things going yet no decision is likely reasonably soon" (see Judgments 1243, 1404, 1433, 1486 and 1534).

    Reference(s)

    ILOAT Judgment(s): 1243, 1404, 1433, 1486, 1534

    Keywords:

    administrative delay; complaint; exception; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint;



  • Judgment 1666


    83rd Session, 1997
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4(a)

    Extract:

    "A claim to a ruling in law will be receivable only if the complainant shows some cause of action. Generally he may not do so if he may instead challenge a specific decision in support of his claim to redress. "Here the complainant makes two claims to rulings in law. The first seems to have been made only to lend substance to his claims to redress. "It cannot stand on its own since it shows no cause of action that the complainant may have."

    Keywords:

    cause of action; claim; receivability of the complaint;



  • Judgment 1660


    83rd Session, 1997
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The circumstances of the case are peculiar, the Association having failed to provide the internal means of redress that it ought. So it is hard to see any merit in the Association's objection to the complainants' appealing straight to the Tribunal."

    Keywords:

    complaint; direct appeal to tribunal; exception; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; receivability of the complaint;

    Consideration 9

    Extract:

    "The Association's third objection is that the complainants are challenging the adoption of rules and in any event cannot impute any present injury thereto. According to precedent an international civil servant may in exceptional circumstances challenge the lawfulness of a rule that has been applied to him. The notification to the complainants of the changes in the system of reckoning and paying their retirement pensions constituted individual application of rules adopted by the member States of EFTA and set out in the contract with [a private insurance company]. Even though, as the defendant says, the complainants cannot yet show any injury, they do have a cause of action and may challenge, howsoever they wish, the lawfulness of the new pension rules."

    Keywords:

    case law; cause of action; competence of tribunal; complaint; executive body; general decision; individual decision; injury; lack of injury; pension; receivability of the complaint;



  • Judgment 1659


    83rd Session, 1997
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    EFTA pleads that the complainants "ought to have inferred rejection after sixty days [after lodging their internal appeals]. They then had ninety days under Article VII(2) of the Tribunal's Statute in which to file complaints." It argues that since the complaints were filed "over 150 days after the notification of their appeals to the Board, they were out of time. The plea [...] fails. although there was no report from the Board within the sixty days, the reason was that it had never been set up. Actually it never was. [...] The time limit of ninety days began only [on] the date at which they received the Secretary-General's letters [...] telling them that the Board could not be set up and they were free under Regulation 41(b) to appeal to the Tribunal. The complaints are therefore not out of time."

    Reference(s)

    ILOAT reference: ARTICLE VII (2) OF THE STATUTE
    Organization rules reference: ARTICLE 41(B) OF EFTA STAFF REGULATIONS

    Keywords:

    complaint; direct appeal to tribunal; iloat statute; implied decision; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; start of time limit;



  • Judgment 1656


    83rd Session, 1997
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The only basis on which [the complainant] invokes the Tribunal's jurisdiction is that the EMBL has failed to take a decision upon her alleged claims [but] she has failed to establish that she did make them and that they related to the matters which form the subject of this complaint. Her complaint is therefore irreceivable."

    Keywords:

    complaint; evidence; implied decision; internal appeal; internal remedies exhausted; lack of evidence; receivability of the complaint; request by a party;



  • Judgment 1655


    83rd Session, 1997
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9-10

    Extract:

    The Agency submits that the complainant's appeal "was out of time because [he] filed it after the expiry of the time limit of three months in Article 92(2) of the Staff Regulations. [...] The plea fails. The [Agency] acted on the appeal [...] by convening the Invalidity Committee and the Joint Committee for Disputes and by taking [a] final decision. [...] The attitude it thereby adopted towards the appeal estops it from now objecting to the receivability of the complaint. The complaint is therefore receivable."

    Reference(s)

    Organization rules reference: ARTICLE 92(2) OF EUROCONTROL STAFF REGULATIONS

    Keywords:

    complaint; exception; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; time bar; time limit;



  • Judgment 1653


    83rd Session, 1997
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    In accordance with Article VII(1) of the Tribunal's Statute, "where the Staff Regulations lay down a procedure for internal appeal it must be duly followed: there must be compliance not only with the set time limits but also with any rules of procedure in the Regulations or implementing rules."

    Keywords:

    complaint; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; procedure before the tribunal; purport; receivability of the complaint; staff regulations and rules; time limit;



  • Judgment 1641


    83rd Session, 1997
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainants are challenging the methodology laid down for carrying out salary surveys and a decision by WIPO reflected in their pay slips to apply that method. The Tribunal holds that they have a cause of action, which is is to obtain from the Tribunal "a declaration that the rule and the decision they are challenging would still be unlawful even if they had later got the increase that was withheld for the six months prior to the general survey. They would indeed have been slightly better off had they received the increase earlier. They are also entitled to a decision as to whether the rule they are challenging holds good for the future."

    Keywords:

    adjustment; cause of action; decision; decision quashed; increase; increment withheld; inquiry; investigation; pay slip; receivability of the complaint; salary; scale;



  • Judgment 1618


    82nd Session, 1997
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainants, who are permanent officials, object to a change in the Service Regulations which applies to officials under fixed-term appointments. "For the same reasons as those stated in Judgment 1451 the present complaints are receivable. What is at issue is not a general decision setting out the arrangements governing pay or other conditions of service. Such arrangements take the form of individual implementing decisions that each employee may eventually challenge [...]. What is at issue here is the adoption of rules on the employment of contract staff that may have indirect effects on the status of permanent employees as to their pay - if they have to bear a heavier financial burden - or as to their indirect involvement in the framing of EPO policy" as members of advisory bodies.

    Reference(s)

    ILOAT Judgment(s): 1451

    Keywords:

    case law; competence of tribunal; contract; duration of appointment; exception; fixed-term; general decision; individual decision; permanent appointment; receivability of the complaint; staff regulations and rules;



  • Judgment 1613


    82nd Session, 1997
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant's internal appeal was late. But EFTA itself admits to mistakes in the numbering of the provisions to which the regulations refer, "and they may well have misled the complainants." The Association set up no advisory board, though Staff Regulation 40 provided for one, and the deputy Secretary-General himself told the complainants that in the absence of a recommendation from the Advisory Board they might go to the Tribunal. "All things considered, the complaints must be declared receivable."

    Reference(s)

    Organization rules reference: EFTA STAFF REGULATION 40

    Keywords:

    acceptance; complaint; direct appeal to tribunal; exception; executive head; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time limit;



  • Judgment 1611


    82nd Session, 1997
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "It was open to the complainant to withdraw the obviously premature complaint [...] and lodge a new one which complied with the time limit in Article VII(3) [of the Tribunal's Statute]. What his counsel supplied [...] was no new complaint but merely a version of the original one corrected in compliance with the Registrar's instructions. So for the purpose of a ruling on his observance of the time limit his complaint is still the [the original one]." The claim in that complaint being therefore premature, it is for that reason irreceivable too.

    Reference(s)

    ILOAT reference: ARTICLE VII(3) OF THE STATUTE

    Keywords:

    absence of final decision; complaint; correction of complaint; failure to answer claim; iloat statute; implied decision; receivability of the complaint; time limit;



  • Judgment 1609


    82nd Session, 1997
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    Although the complainants "corrected their second complaints more than ninety days after getting notice of the decisions, they did not act out of time on that account. They filed in time with the Tribunal complaint forms identifying the decisions they were impugning; their counsel duly applied for extensions of the time limit for correction; and those extensions were duly granted under Article 14 of the Tribunal's Rules."

    Reference(s)

    ILOAT reference: ARTICLE 14 OF THE RULES

    Keywords:

    complaint; correction of complaint; date of notification; decision; iloat statute; new time limit; receivability of the complaint; time limit;

    Consideration 10

    Extract:

    The impugned letters from the administration purport to answer letters from the complainants. "Though the Director of personnel warns that their letters do not 'offer an adequate basis for a decision' and explains that the Director-General has taken his decision 'independently' of the [...] complaints, the letters constantly cite them and indeed in so many words reject several claims as irreceivable or devoid of merit. In the circumstances the complainants were free to treat the Director's letters as final decisions rejecting their [...] complaints, and appeal then lay to the Tribunal."

    Keywords:

    complaint; decision; internal appeal; internal remedies exhausted; receivability of the complaint;



  • Judgment 1603


    82nd Session, 1997
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The International Civil Service Commission "may make recommendations for aligning conditions of service in the common system and may decide on the methods of determining them. Yet the staff may still challenge any action by that body, independent though it be of the organisation that employs them. [...] So the complainants may challenge the lawfulness of the Commission's method [...] even though the FAO has done no more than fall in line."

    Keywords:

    complaint; coordinated organisations; general decision; icsc decision; receivability of the complaint; recommendation; rule of another organisation; salary; terms of appointment;



  • Judgment 1601


    82nd Session, 1997
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10-11

    Extract:

    "The Tribunal has already held - for example, in Judgment 1081 [...] under 4 - the mere fact that a decision affects a category of staff and is therefore a general one does preclude challenge. To quote Article VII(2) [of the Tribunal's Statute], which is about the time limits, a complainant may challenge 'a decision affecting a class of officials'. Yet not every complaint that challenges a general decision will be receivable. The complainant must comply with the requirement in Article VII(1) of the Tribunal's Statute that internal remedies be first exhausted. In keeping with that rule and with precedent - for example Judgment 1134 [...] under 4 - 'a complaint will be irreceivable if it challenges a general decision that must ordinarily be put into effect by individual decisions against which internal appeal will lie'."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) AND (2) OF THE STATUTE
    ILOAT Judgment(s): 1081, 1134

    Keywords:

    case law; competence of tribunal; complaint; general decision; iloat statute; individual decision; internal remedies exhausted; receivability of the complaint;



  • Judgment 1598


    82nd Session, 1997
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The new claim to costs is irreceivable because it was filed after the closure of the written proceedings."

    Keywords:

    closure of written proceedings; receivability of the complaint; withdrawal of suit;

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