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 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; payslip; 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;
Judgment 1595
82nd Session, 1997
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"Even if she were unqualified for the post the complainant would not forfeit her right to challenge the appointment."
Keywords:
cause of action; competition; condition; internal candidate; receivability of the complaint; vacancy notice;
Consideration 4
Extract:
The Tribunal "may not replace the Organisation's assessment of the applicants with its own and order any particular appointment. So the complaint is irreceivable insofar as the complainant is claiming reinstatement in her former duties and permanent appointment to the post."
Keywords:
appointment; claim; competence of tribunal; discretion; judicial review; receivability of the complaint;
Judgment 1591
82nd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The Tribunal may not order the Chairman of the EPO's Council to offer him an apology. It "is not competent to issue an order of that kind to the authorities of an international organisation."
Keywords:
claim; competence of tribunal; executive body; receivability of the complaint; summary procedure;
Judgment 1566
82nd Session, 1997
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The Organisation points out that the letter from the Director of staff policy "was sent neither by the President nor on his behalf. The complainant demurs, and he is right to do so. It was to the President by name that he had written [...]; that letter was what he got in reply and he was entitled to assume that it had been sent with the President's authority. Indeed the position in law would be the same even if the reply had never been written and if he were basing his complaint on implied rejection of the claims in his letter".
Keywords:
complainant; complaint; decision; decision-maker; delegated authority; good faith; receivability of the complaint;
Judgment 1554
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant is wrong in contending that for challenging the non-renewal of his contract the time limit of ninety days was somehow held over because of a connexion with his application for a post. His complaint shows two distinct elements: the non-renewal of his contract on 31 January 1994 and his unsuccessful application for a post in April 1994. His failure to file a complaint with the Tribunal within ninety days of 31 January 1994 means that any claim in relation to his contract is time-barred. As for his application for a post, by the time he made it he was no longer an employee of the Organisation. Since an outside candidate for employment does not have access to the Tribunal his complaint is irreceivable in that regard as well."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
candidate; competition; complainant; contract; external candidate; locus standi; non-renewal of contract; ratione personae; receivability of the complaint; status of complainant; time bar; time limit;
Judgment 1549
81st Session, 1996
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"Although an organisation [may consider] late applicants, it must, whenever a competition is required or desired, announce a new deadline in the same way as it did the vacancy. It will then commit no breach of equality and the competition will be seen as fair."
Keywords:
appointment; candidate; competition; delay; due process; equal treatment; internal candidate; new time limit; organisation's duties; receivability of the complaint; selection procedure; time limit; vacancy; vacancy notice;
Consideration 6
Extract:
"An official of an international organisation who applies for a vacancy is entitled to have his application considered and assessed according to the set procedure once the organisation admits it under the terms of the vacancy notice. It may not deny that an applicant has a cause of action after it has appointed someone else, especially if the applicant is challenging the appointment on the grounds of breach of his rights in failure to apply the proper procedure".
Keywords:
appointment; candidate; case law; cause of action; competition; due process; internal candidate; organisation's duties; receivability of the complaint; staff regulations and rules; vacancy; vacancy notice;
Consideration 8
Extract:
"Whether [the complainant who is now retired] still has any interest in the quashing of someone else's appointment is moot; but he still has an interest in exposing a breach of due process which may warrant an award of damages: see Judgment 729 [...]."
Reference(s)
ILOAT Judgment(s): 729
Keywords:
appointment; candidate; cause of action; claim moot; compensation; competition; due process; flaw; internal candidate; post; procedural flaw; receivability of the complaint; retirement;
Judgment 1547
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"The claim by Mr. C. to an award of damages to the union is irreceivable because his complaint is in his own name."
Keywords:
claim; complaint; locus standi; receivability of the complaint; staff union;
Judgment 1543
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Administrative Council exercised its discretion under Article 19(2) [of the EPO's Protocol on Privileges and Immunities] in declining to waive the President's immunity from jurisdiction. Such exercise of discretion is a matter outside the Tribunal's competence, affecting as it does relations between the defendant organisation and a member State. The complaint is therefore 'clearly irreceivable' and must be summarily dismissed in accordance with Article 7 of the Tribunal's Rules."
Reference(s)
ILOAT reference: ARTICLE 7 OF THE RULES
Organization rules reference: ARTICLE 19(2) OF THE EPO PROTOCOL ON PRIVILEGES AND IMMUNITIES
Keywords:
competence of tribunal; complaint; discretion; executive head; iloat statute; judicial review; member state; organisation; privileges and immunities; receivability of the complaint; request by a party; summary procedure; waiver of immunity;
Judgment 1542
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"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." Insofar as the present complaint purports to be made on behalf of a trade union it is irreceivable.
Keywords:
cause of action; competence of tribunal; complainant; complaint; contract; locus standi; receivability of the complaint; staff representative; staff union; status of complainant;
Consideration 5
Extract:
"This complaint, which seeks the grant of staff union facilities [...], does concern the exercise of the freedom of association that Article 30 of the Service Regulations guarantees. So the Tribunal is competent ratione materiae under Article II(5) and (6)(a) of its Statute, whereby it is open to any official - even one whose employment has ceased - who alleges breach in substance or in form of the Staff Regulations."
Reference(s)
ILOAT reference: ARTICLE II (5) AND (6)(A) OF THE STATUTE
Organization rules reference: ARTICLE 30 OF THE EPO SERVICE REGULATIONS
Keywords:
competence of tribunal; complainant; complaint; facilities; freedom of association; iloat statute; locus standi; receivability of the complaint; staff regulations and rules; staff representative; staff union; staff union activity; status of complainant; vested competence;
Consideration 7
Extract:
"The complainant has no locus standi to make a claim against his former employer. After dismissal he no longer had any connection with the EPO in law. Nor, since he was in the EPO's employ for under ten years, is he entitled [...] to draw a pension: he can therefore derive no cause of action from the breach of any provision of the EPO's Rules and Regulations."
Keywords:
breach; cause of action; complainant; complaint; locus standi; receivability of the complaint; seniority; staff regulations and rules; status of complainant; termination of employment;
Judgment 1534
81st Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The FAO submits that his complaint is irreceivable because he has failed to exhaust his internal remedies. Though he filed before he got the final decision [...] the Committee took a whole year to come up with a three-page report and the Director-General another five months to let the complainant have a decision. Such delays are exorbitant and unpardonable. Under the circumstances the complainant was entitled to come straight to the Tribunal without waiting any longer for a reply from the Director-General. The objections to receivability fail."
Keywords:
administrative delay; complaint; date of notification; delay; direct appeal to tribunal; exception; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; receivability of the complaint;
Judgment 1528
81st Session, 1996
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The precedents are clear: "A reply to a further request for reconsideration is not a new decision setting off a new time limit for appeal. The complaint fails because it is irreceivable under Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
case law; complaint; confirmatory decision; iloat statute; receivability of the complaint; start of time limit; time limit;
Judgment 1526
81st Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Director-General having waived, in accordance with Staff Rule 1240.2, the complainant's obligation to go through the internal appeal procedure, she has exhausted the remedies open to her within the Organization, as Article VII(1) of the Tribunal's Statute required her to do."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: WHO STAFF RULE 1240.2
Keywords:
complaint; direct appeal to tribunal; exception; executive head; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint; staff regulations and rules;
Judgment 1522
81st Session, 1996
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"That he set out his pleas in a brief entered several months [after filing his complaint] after due extension of the time limit granted for the purpose, has no bearing on receivability. As was held in Judgment 1305 [...] under 16 - to which the Tribunal draws the organization's attention - the Registrar may as such take any action he sees fit to safeguard due process."
Reference(s)
ILOAT Judgment(s): 1305
Keywords:
case law; complaint; correction of complaint; formal requirements; iloat statute; new time limit; procedure before the tribunal; receivability of the complaint; submissions; tribunal;
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