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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 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:

    complaint; 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; injury; receivability of the complaint; staff regulations and rules; title of post;



  • Judgment 1399


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

    Consideration 7

    Extract:

    "The first [question] is whether the complainant may come to the Tribunal if he is no longer on the staff of CERN and that is the reason why the Director-General has declined to entertain his internal appeal. There need be no doubt about the answer. [...] The Tribunal is open to any official, 'even' - as Article II (6)(a) of the Statute puts it - 'if his employment has ceased', who lodges a complaint alleging non-observance of the terms of his contract or of the rules that apply to him."

    Reference(s)

    ILOAT reference: ARTICLE II (6)(A) OF THE STATUTE

    Keywords:

    competence of tribunal; former official; iloat statute; locus standi; ratione materiae; ratione personae; receivability of the complaint; status of complainant;



  • Judgment 1394


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "At the date of filing [...] the decision [the complainant] is impugning did indisputably cause him injury and he was free to challenge it as he saw fit. Yet, though his claim to quashing did then serve some purpose it no longer does so since at his own instance the decision has been withdrawn. There is of course no question of quashing a decision that no longer exists and therefore has no effect in law. So the claim to the quashing of the decision must fail."

    Keywords:

    application for quashing; cause of action; complaint; decision; no cause of action; receivability of the complaint; withdrawal of decision;



  • Judgment 1393


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "There is no reason of public policy why an organisation should not entertain a claim, even when it is premature, pending the notification of an individual decision. That is the approach that the EPO took when, instead of warning the complainant forthwith that his appeal was premature, it entertained his claims - just as it entertained all the others - and forwarded them, after what it described as preliminary study, to the Appeals Committee. So it was in breach of good faith in objecting to receivability before the Committee at a time when the time limits set off by its individual decisions had already run out. The Tribunal accordingly holds that under the circumstances the complainant is right to plead that he was caught in a procedural trap."

    Keywords:

    absence of final decision; date; general decision; good faith; individual decision; internal appeal; internal appeals body; organisation's duties; receivability of the complaint; start of time limit; time bar; time limit;

    Consideration 7

    Extract:

    Vide Judgment 1279, consideration 9.

    Reference(s)

    ILOAT Judgment(s): 1279

    Keywords:

    case law; general decision; individual decision; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;

    Consideration 8

    Extract:

    "Consistent rulings by the Tribunal make it plain that the act which is challengeable and so sets off the time limit will ordinarily be some individual decision notified to the staff member. Only that decision affords him unquestionable and final notice that the time limit is set off and that he will have to act if he wants to assert his rights."

    Reference(s)

    ILOAT Judgment(s): 323, 398, 624, 625, 626, 902, 963, 1081, 1101, 1134, 1148

    Keywords:

    case law; cause of action; date of notification; individual decision; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;



  • Judgment 1392


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    "The appeal procedure set forth in the Service Regulations is, to quote Article 106, an individual appeals system. Such too is the basic feature of the system of appeal embodied in Article II of the Statute of the Tribunal, though it is subject to the provision in Article VII(2) setting a special time limit for appeal against any decision affecting a 'class of officials', which runs from the date of issue. So it is only by virtue of an individual contract of employment with the organisation that someone may lodge a complaint and the complainant may not alter the nature of the suit by declaring when he files the complaint that he is doing so as a staff union representative."

    Reference(s)

    ILOAT reference: ARTICLE II AND ARTICLE VII(2) OF THE STATUTE
    Organization rules reference: ARTICLE 106 OF THE EPO SERVICE REGULATIONS

    Keywords:

    competence of tribunal; complainant; complaint; general decision; iloat statute; internal appeal; locus standi; publication; receivability of the complaint; staff regulations and rules; staff representative; start of time limit; time limit; tribunal;



  • Judgment 1383


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

    Considerations 7-10

    Extract:

    The organization contends that the Tribunal lacks competence to hear a complaint from a "temporary adviser", whose status does not imply the right of appeal. But the Tribunal finds that the organization has described her "as holding an appointment as [a] short-term consultant. [...] Her contract was for a total of over ninety days, she was therefore not a 'temporary advisory' whithin the meaning of [WHO Manual paragraph] II.12.590." holding a "temporary short-term appointment as a consultant [...] she therefore qualified as a 'staff member'" with the right to appeal. "The rules draw no distinction between 'regular' staff members and the holders of temporary appointments."

    Reference(s)

    Organization rules reference: WHO MANUAL PARAGRAPH II.12.590

    Keywords:

    duration of appointment; external collaborator; internal appeal; locus standi; ratione personae; receivability of the complaint; right of appeal; short-term; staff member; staff regulations and rules;



  • Judgment 1380


    78th Session, 1995
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The complainant is seeking material and moral damages. The Tribunal observes that she made no such claim during the internal appeals proceedings and holds that her claim "is irreceivable under Article VII(1) of the Tribunal's Statute because she has not exhausted the internal means of appeal."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    claim; iloat statute; internal appeal; internal remedies exhausted; material damages; moral injury; new claim; receivability of the complaint;



  • Judgment 1379


    78th Session, 1995
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant "has neither asked for review of [the impugned decision] nor lodged an internal appeal against it. So she has not exhausted the internal means of redress which were available to her, and her complaint is [...] irreceivable under Article VII(1) of the Tribunal's Statute."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    complaint; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint;



  • Judgment 1368


    77th Session, 1994
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The plea of breach of acquired rights is receivable and in ruling on it the Tribunal may take into account any issues of fact it deems material." Citing Judgment 986 [...], the Tribunal holds that "an employee may properly plead a decline in his situation tantamount to impairment of the essential and fundamental terms of his employment, even if the decline has been gradual and due to an accumulation of decisions which are no longer open to challenge and none of which, taken singly, would have been declared unlawful."

    Reference(s)

    ILOAT Judgment(s): 986

    Keywords:

    acquired right; amendment to the rules; breach; case law; cumulative decisions; flaw; judicial review; receivability of the complaint; terms of appointment;

    Consideration 11

    Extract:

    "For the reasons given in Judgment 1329, under 6, the complainants may not directly seek the quashing of the Council's decision [...]. They may, however, challenge the individual decisions in their pay slips [...] by pleading the unlawfulness of the [Council's decision] and the infringement of any acquired rights they lay claim to under rules or contract."

    Reference(s)

    ILOAT Judgment(s): 1329

    Keywords:

    acquired right; application for quashing; breach; contract; general decision; individual decision; pay slip; receivability of the complaint; staff regulations and rules;



  • Judgment 1363


    77th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    "Even if disciplinary proceedings have begun there can be no 'act adversely affecting' an employee within the meaning of Article 107 [of the Service Regulations] until the proceedings are over and there is a final decision by the competent authority. So the complainant's internal appeals were premature insofar as he lodged them before the President had taken his decision [...] on the Disciplinary Committee's report."

    Reference(s)

    Organization rules reference: ARTICLE 107 OF THE EPO SERVICE REGULATIONS

    Keywords:

    absence of final decision; advisory body; cause of action; disciplinary procedure; executive head; internal appeal; procedure before the tribunal; receivability of the complaint; report; staff regulations and rules;



  • Judgment 1359


    77th Session, 1994
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The complainant qualified under the wording of the notice and was entitled as a eurocontrol official to have his application considered and assessed by a process that complied with the rules. [...] It was not, and the breach of his rightful interest affords grounds for this complaint."

    Keywords:

    candidate; cause of action; competition; internal candidate; procedural flaw; procedure before the tribunal; receivability of the complaint; staff member's interest; staff regulations and rules; vacancy notice;



  • Judgment 1357


    77th Session, 1994
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The organisation is free to withdraw a notice of vacancy at any time, even when, as in this case, the process of selection has gone quite far. The conclusion is that the complainant's internal appeal disclosed no cause of action at the time of filing and that his complaint must fail for the same reason, there being no need to entertain his arguments on the merits."

    Keywords:

    competition; discretion; internal appeal; no cause of action; organisation's interest; post; procedure before the tribunal; receivability of the complaint; vacancy notice;



  • Judgment 1354


    77th Session, 1994
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant objects to the career path on which CERN assigned him when it brought in a new system of advancement. He says CERN relied on his grade - 8 -, whereas it did not give a true indication of the quality of his work. "The plea is irreceivable since it amounts to challenging his promotion to grade 8, a decision he has never demurred at in an internal appeal and which has therefore become final."

    Keywords:

    assignment; career; decision; grade; internal appeal; promotion; receivability of the complaint; work appraisal;



  • Judgment 1350


    77th Session, 1994
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant may not seek "the quashing of what he calls the 'decision' of the appeals board: according to the Staff Regulations the Board merely gives an opinion that is not binding on the Director-General".

    Keywords:

    advisory body; application for quashing; decision; decision quashed; internal appeals body; receivability of the complaint; report;



  • Judgment 1344


    77th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "It is true that Article VII(1) of the Statute provides that a complaint will not be receivable unless the complainant has exhausted such other means of resisting the decision as are open to him under the applicable Staff Regulations. But it is plain from the case law that the Tribunal construes that article to mean that when a complainant has done all that is required of him to get a final decision, yet the proceedings appear unlikely to be concluded within a reasonable time, he may appeal directly to the Tribunal".

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE
    ILOAT Judgment(s): 451, 499

    Keywords:

    absence of final decision; administrative delay; case law; complaint; direct appeal to tribunal; exception; failure to answer claim; iloat statute; implied decision; internal remedies exhausted; reasonable time; receivability of the complaint; staff regulations and rules;



  • Judgment 1341


    77th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The complainant seeks an order cancelling his resignation, which the organisation accepted. [...] This claim is irreceivable because he has failed to avail himself of the internal means of redress provided under [...] the service regulations and so to satisfy the condition of receivability laid down in Article VII(1) of the Tribunal's Statute."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    acceptance; application for quashing; iloat statute; internal remedies exhausted; new claim; offer; receivability of the complaint; resignation; staff regulations and rules;



  • Judgment 1330


    76th Session, 1994
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "According to the Tribunal's case law, receivability does not depend on proving actual and certain injury. All that a complainant need show is that the decision under challenge may impair the rights and safeguards that an international civil servant claims under staff regulations or contract of employment."

    Keywords:

    case law; cause of action; complaint; contract; injury; receivability of the complaint; safeguard; staff member's interest; staff regulations and rules;



  • Judgment 1329


    76th Session, 1994
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Firm precedent has it - see for example Judgment 1000 [...] - that an international civil servant may, in challenging a decision that affects him directly, plead the unlawfulness of any general measure that affords the basis for it in law."

    Reference(s)

    ILOAT Judgment(s): 1000

    Keywords:

    case law; cause of action; general decision; individual decision; receivability of the complaint;

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