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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 1464


    80th Session, 1996
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The complainant contends that her complaint is receivable because she may act under Article VII(3), the organization having failed to take its decision on her appeal within the sixty days' time limit set in that provision. But her reading of VII(3) is mistaken. It does not require that the process of appeal be completed within sixty days."

    Reference(s)

    ILOAT reference: ARTICLE VII(3) OF THE TRIBUNAL'S STATUTE

    Keywords:

    complaint; iloat statute; implied decision; internal appeal; internal remedies exhausted; interpretation; receivability of the complaint; time limit;



  • Judgment 1462


    79th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    Another official has applied to intervene in the complaints. "Since the complaints [...] are irreceivable so is her application to intervene in them."

    Keywords:

    complaint; consequence; intervention; receivability of the complaint;

    Consideration 9

    Extract:

    The intervener offers no factual evidence to show that her duties entitled her to the allowance. She merely says that she is in the same position as two of the complainants. "She neither shows nor even seeks to show that she is in the same position in fact and in law as others who are claiming the allowance in complaints to the Tribunal. So her application is [...] irreceivable."

    Keywords:

    condition; identical claims; identical facts; intervention; receivability of the complaint; same purpose;

    Consideration 4

    Extract:

    Vide Judgment 398, considerations 1 and 2.

    Reference(s)

    Organization rules reference: ARTICLE 92 OF THE STAFF REGULATIONS GOVERNING OFFICIALS OF THE EUROCONTROL AGENCY
    ILOAT Judgment(s): 398

    Keywords:

    case law; complaint; failure to answer claim; implied decision; internal remedies exhausted; receivability of the complaint; request by a party; staff regulations and rules; time bar;



  • Judgment 1455


    79th Session, 1995
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    Vide Judgment 532, consideration 3.

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE
    ILOAT Judgment(s): 532

    Keywords:

    absence of final decision; case law; complaint; exception; failure to answer claim; iloat statute; implied decision; internal appeals body; internal remedies exhausted; interpretation; receivability of the complaint;



  • Judgment 1452


    79th Session, 1995
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The complainant has come to the Tribunal without waiting for the completion of the internal appeal procedure and for the final decision by the Director-General that will result therefrom. He has therefore failed to exhaust the means of internal appeal and there is no final decision yet for him to impugn. Article VII(3) does not apply."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE

    Keywords:

    absence of final decision; cause of action; complaint; direct appeal to tribunal; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint;



  • Judgment 1451


    79th Session, 1995
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "In Judgment 1932 - submits the [organisation] - the Tribunal held under 18 and 24 that [...] a suit, [filed in the general interests of the civil service,] of which the hallmark is action by staff associations or agents professing to represent them, does not form part of the system of individual appeal that the organisations which have recognised the Tribunal's jurisdiction commonly provide for in their rules and that the Tribunal's own Statute contemplates. The Tribunal need not revert to that case law since this is not such a complaint. It has been filed by several officials with the commendable aim of making the proceedings simpler, and each of them is defending his own individual interests, even though they are the same as the others'. The objection [to receivability for being a 'collective' complaint] fails."

    Reference(s)

    ILOAT Judgment(s): 1392

    Keywords:

    case law; competence of tribunal; complainant; complaint; complaint allowed; decision quashed; iloat statute; internal appeal; locus standi; receivability of the complaint; staff regulations and rules; staff representative; staff union;

    Consideration 20

    Extract:

    "The [amendment in question] strikes out of the terms of employment ipso facto the safeguard of international judicial review and vests jurisdiction in municipal courts instead. The amendment brings about an immediate and almost irreversible change in the system of appeal. So [...] every staff member has an actual and present interest in having light shed on the matter. The Tribunal affords guarantees of a system of international law within the bounds of its competence: see Judgments 1265, under 24, and 1328, under 13. It would therefore be wrong to deny the staff the right of appeal on the grounds that the impugned decision is general in purport."

    Reference(s)

    ILOAT Judgment(s): 1265, 1328

    Keywords:

    amendment to the rules; case law; cause of action; competence of tribunal; complaint; complaint allowed; decision quashed; general decision; internal appeal; municipal court; receivability of the complaint; right of appeal; safeguard; staff regulations and rules; tribunal;

    Consideration 21

    Extract:

    "The [organisation pleads] that to quash a general decision on an application from a few might damage the interests of others who wanted it to remain in force. The plea is certainly material since [...] the staff of the UPU seem to disagree about the amendment [in question]. But the Tribunal is satisfied that when a decision has been challenged, albeit by only a few, it has a duty to rule in full objectivity and as soon as possible. The Union itself has well defended the interests of those who want to keep the decision, and they themselves may do so by filing applications to intervene."

    Keywords:

    amendment to the rules; application for quashing; complaint; complaint allowed; decision quashed; general decision; intervention; receivability of the complaint; staff member's interest; staff regulations and rules;

    Consideration 19

    Extract:

    The organisation objects to the receivability of the complaint because "the impugned decision makes amendments to the regulations and is therefore a general one about the tenor of rules. As was said in Judgment 1393, under 6 to 8, the Tribunal has often ruled on the issue, especially for the purpose of determining when the time limit starts for appeal. It has held that where a general decision gives rise to decisions affecting individuals the time limit is set off only on notification to the official of the individual decision that affects him. Moreover, as was held in Judgment 1000, under 12, the employee may, when impugning an individual decision that touches him directly, 'challenge the lawfulness of any general or prior decision [...] that affords the basis of the individual one'. In sum, the staff member need not ordinarily impugn at once a general decision he believes has caused him injury but may, without any risk of being time-barred, wait until the general decision affects him in the form of an individual one."

    Reference(s)

    ILOAT Judgment(s): 1000, 1393

    Keywords:

    amendment to the rules; case law; cause of action; complaint; complaint allowed; date of notification; decision quashed; general decision; individual decision; internal appeal; receivability of the complaint; staff regulations and rules; start of time limit; time bar; time limit;



  • Judgment 1450


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    Having been denied permanent appointments, the complainants are seeking compensation failing reinstatement. The EPO pleads that the claim is irreceivable for failure to exhaust the internal remedies open to them. "The EPO fails in its preliminary objection to the complainants' claim to damages. [...] It may not refuse the complainants access to the appeal procedure on the grounds that they are 'auxiliary' staff, yet say that they ought, in what amounted to preliminary appeal [...] to have demarcated the full ambit of any future litigation."

    Keywords:

    claim; good faith; internal appeal; internal remedies exhausted; material damages; organisation's duties; receivability of the complaint; status of complainant;

    Consideration 20

    Extract:

    Having been denied permanent appointments, the complainants are seeking compensation failing reinstatement. The EPO pleads that the claim is irreceivable for failure to exhaust the internal remedies open to them. "The EPO fails in its preliminary objection to the complainants' claim to damages. [...] The organisation must realise, it is precisely in cases like this, about termination of employment, that the Tribunal may [...] itself award damages if it deems reinstatement impossible."

    Keywords:

    application of law ex officio; claim; internal remedies exhausted; material damages; receivability of the complaint; reinstatement; subsidiary;



  • Judgment 1448


    79th Session, 1995
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 17 and 18

    Extract:

    "The Tribunal holds that the decision [against which the complainant submitted an internal appeal] was not a final one, the object [...] being only to initiate discussion: see Judgment 336 [...]. Although he had been identified as a staff member 'likely to be terminated', there was [...] no actual decision that he would be terminated at such and such a date or on stated terms". "He failed to submit an appeal [against the final decision] and thereby failed to exhaust the internal means of redress available to him. Accordingly, his complaint is irreceivable under Article VII(1) of the Tribunal's Statute."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
    ILOAT Judgment(s): 336

    Keywords:

    absence of final decision; case law; complaint; decision; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint; statement of intent;



  • Judgment 1443


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The complainant may not put wider claims to the Tribunal than in the internal appeal".

    Keywords:

    claim; complaint; internal appeal; internal appeals body; internal remedies exhausted; new claim; receivability of the complaint;

    Consideration 3

    Extract:

    "Some of the complainant's [...] procedural and substantive objections [rely on] claims and pleas [presented by] other staff whose appeals also went to the Appeals Committee. As the EPO [correctly] observes, the material issues of this complaint are [limited to] the decision he was challenging in his internal appeal."

    Keywords:

    claim; complaint; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint;



  • Judgment 1442


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The EPO pleads that the complaint is irreceivable on the grounds that theinternal appeal came too long after the announcement of the disputed measure and the general decision to apply it to the staff. "The objection cannot be sustained. What the complainant is impugning is not those general decisions but theapplication of them to himself which would be the consequence of the EPO's holding to its - in his view mistaken - interpretation of them."

    Keywords:

    complaint; complaint allowed; complaint allowed in part; decision quashed; general decision; individual decision; internal appeal; receivability of the complaint; time bar; time limit;

    Consideration 10

    Extract:

    A staff member's application to intervene succeeds "insofar as his claims concur with the complainant's and he is in like case. But insofar as he objects to certain statements in the surrejoinder and seeks compensation for injury the organisation's attitude caused him, he is raising issues of no relevance to this case and to that extent his application is irreceivable."

    Keywords:

    complaint allowed; complaint allowed in part; condition; decision quashed; intervention; receivability of the complaint;



  • Judgment 1435


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The complainant wants the Tribunal to set aside the appointment of an internal candidate to a post he applied for and challenges the promotion of that candidate. "The complainant has not on any grounds challenged that promotion by way of an internal appeal and he has therefore failed to exhaust the internal remedies available to him. What is more, he has failed to show that he was adversely affected by the promotion. So the Tribunal will not in the context of this application determine whether or not the promotion was valid."

    Keywords:

    absence of final decision; cause of action; claim; internal appeal; internal remedies exhausted; lack of injury; receivability of the complaint;



  • Judgment 1433


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Article VII (1) of the Tribunal's Statute requires that for a complaint to be receivable the complainant must have 'exhausted such other means of resisting a final decision as are open to him under the applicable staff regulations'. The Tribunal recognises that reasonable time must be allowed for completing the internal appeal procedure. Yet in this case [fifteen months had passed between the date of the complainant's internal appeal and the organization's response to the appeal] objections to receivability ill become the defendant".

    Keywords:

    absence of final decision; administrative delay; case law; complaint; date; iloat statute; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; receivability of the complaint; reply;

    Consideration 8

    Extract:

    "As to his further claims in his rejoinder, the Tribunal observes that [...] the complainant neither challenged [a given claim] in his internal appeal [...] nor set out the claims in the form introducing the present complaint. He has made the claims in internal appeals which are still pending, and the claims are therefore at present irreceivable under Article VII(1) of the Tribunal's Statute because he has failed to exhaust the internal means of redress."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    absence of final decision; claim; complaint; iloat statute; internal remedies exhausted; new claim; receivability of the complaint; rejoinder;

    Consideration 6

    Extract:

    "The complainant was kept waiting over sixteen months [...] for an answer to his request [...] and fifteen months for the [organisation] to file its reply [...] to his appeal [...] and so let the internal appeal procedure go ahead. The Tribunal holds that since he took all the steps he could take to obtain a final decision and since the [organisation] failed to discharge promptly its obligations under the internal procedure he was justified in coming to the Tribunal. That is in keeping with what the Tribunal ruled in, for example, Judgment 1243 [...]."

    Reference(s)

    ILOAT Judgment(s): 1243

    Keywords:

    absence of final decision; administrative delay; case law; complaint; date; direct appeal to tribunal; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; receivability of the complaint; reply;



  • Judgment 1431


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The impugned decision having been withdrawn and declared null and void by its author, "whatever his reasons for doing so may have been, the only possible inference is [...] that the complainant has no cause of action and his complaint is therefore irreceivable." The Tribunal need not rule on the substantive question he raises in the absence of any substantive dispute between the parties.

    Keywords:

    cause of action; competence of tribunal; complaint; decision; no cause of action; receivability of the complaint; withdrawal of decision;



  • Judgment 1430


    79th Session, 1995
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    Since the complainant did not meet the requirements laid down in the vacancy notice, the decision not to select him "has caused him no injury".

    Keywords:

    cause of action; claim; competition; condition; lack of injury; receivability of the complaint; vacancy notice;



  • Judgment 1429


    79th Session, 1995
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    See Judgment 1244.

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE
    ILOAT Judgment(s): 1244

    Keywords:

    case law; complaint; iloat statute; internal appeal; internal remedies exhausted; interpretation; procedure before the tribunal; receivability of the complaint;



  • Judgment 1423


    79th Session, 1995
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Since the complainant's grade is P.2 he "has no locus standi in challenging any new salary scales applicable to the general service category of staff. Because he belongs to another category of staff the revision of those scales cannot cause him injury."

    Keywords:

    cause of action; claim; complainant; general service category; injury; lack of injury; professional category; receivability of the complaint; salary; scale;



  • Judgment 1421


    79th Session, 1995
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    See Judgment 442, considerations 2 and 3

    Reference(s)

    ILOAT Judgment(s): 442

    Keywords:

    admissible grounds for review; application for review; case law; inadmissible grounds for review; judgment of the tribunal; receivability of the complaint; res judicata;



  • Judgment 1420


    78th Session, 1995
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    See Judgment 1419, consideration 20.

    Keywords:

    case sent back to organisation; complaint; complaint allowed; decision quashed; new plea; organisation; receivability of the complaint; reply; surrejoinder;



  • Judgment 1419


    78th Session, 1995
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "It is inadmissible for the Observatory in its surrejoinder - to which it knows the complainants do not have the opportunity of answering - to raise a new objection to receivability on the strength of facts it was aware of at the time of filing. The plea is the less acceptable for being at odds with the ESO's reply."

    Keywords:

    case sent back to organisation; complaint; complaint allowed; decision quashed; new plea; organisation; receivability of the complaint; reply; surrejoinder;



  • Judgment 1413


    78th Session, 1995
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "[The complainant's] claim to a higher grade is irreceivable. Even if her career did suffer delay she may not seek redress on that account in the context of the choice of career path; nor may she impugn any decision that she failed to challenge in time or object to her grading as administrative assistant."

    Keywords:

    assignment; career; complaint; delay; post classification; promotion; receivability of the complaint; right of appeal; time bar; time limit;



  • Judgment 1407


    78th Session, 1995
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant challenges the change in her title from "assistant" to "secretary". The WTO argues that she has no cause of action but the Tribunal holds that "the title forms part of an official's status and so any change in the title is challengeable."

    Keywords:

    amendment to the rules; complaint allowed; complaint allowed in part; decision quashed; injury; receivability of the complaint; staff regulations and rules; title of post;

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Last updated: 12.08.2020 ^ top