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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 1328


    76th Session, 1994
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    Vide Judgment 732, consideration 2.

    Reference(s)

    ILOAT Judgment(s): 732

    Keywords:

    application for execution; case law; internal appeal; internal remedies exhausted; receivability of the complaint;



  • Judgment 1327


    76th Session, 1994
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Even though later incidents and correspondence may have suggested that there was some possibility of a change in the organization's position", the material decision remained "final" within the meaning of Rule 1230.7.1.

    Reference(s)

    Organization rules reference: PAHO STAFF RULE 1230.7.1

    Keywords:

    complaint; decision; receivability of the complaint; staff regulations and rules; subsequent fact;



  • Judgment 1322


    76th Session, 1994
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    His claim "is irreceivable under Article VII(1) of the Tribunal's Statute because he did not make it in the context of his internal appeal and has therefore failed to exhaust the internal means of redress."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

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



  • Judgment 1318


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

    Consideration

    Extract:

    "This complainant does not impugn any final decision. [It] is therefore clearly irreceivable, and the Tribunal dismisses it as such in accordance with the summary procedure provided for in Article 8(3) of the Rules of Court."

    Reference(s)

    ILOAT reference: ARTICLE 8(3) OF THE RULES

    Keywords:

    absence of final decision; complaint; iloat statute; internal remedies exhausted; receivability of the complaint; summary procedure;



  • Judgment 1306


    76th Session, 1994
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "As was held in Judgment 802, an application for interpretation of a judgment is receivable only if the meaning of the Tribunal's ruling is uncertain or ambiguous."

    Reference(s)

    ILOAT Judgment(s): 802

    Keywords:

    application for interpretation; case law; condition; receivability of the complaint; res judicata;

    Consideration 3

    Extract:

    The complainant submits that the Union failed to execute in full an earlier judgment in which the Tribunal gave him satisfaction. The UPU says that he failed to exhaust the internal means of appeal. The Tribunal holds that his application for interpretation "is receivable because the parties disagree on how to combine [two points of the ruling in the material judgment], only the Tribunal itself may resolve the issue, and there was no need to follow any internal appeal procedure beforehand".

    Keywords:

    application for interpretation; execution of judgment; internal remedies exhausted; judgment of the tribunal; receivability of the complaint; res judicata;



  • Judgment 1305


    76th Session, 1994
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "The Registrar's manifold responsibilities, which go far beyond the ambit of Article 7(4) [*] of the Rules of Court, include the general task of maintaining relations between the Tribunal and the parties and the just as important task of ensuring proper compilation of records on cases lodged with the Tribunal. In performing those tasks the Registrar is empowered ex officio to take any action he deems fit to safeguard due process."
    *since 1 May 1994, Article 6(2) of the Tribunal's Rules

    Reference(s)

    ILOAT reference: ARTICLE 6(2) OF THE RULES

    Keywords:

    complaint; formal requirements; iloat statute; interpretation; procedure before the tribunal; receivability of the complaint; submissions; tribunal;

    Consideration 17

    Extract:

    In the light of article 7(4) [*] of the Rules on the procedure for correcting a complaint, the Tribunal holds that "since those who fall within the Tribunal's jurisdiction live far and wide and are free to plead their own case, it is the Registrar's particular duty to see that complaints filed with the Tribunal are correctly presented and to offer a complainant such comment or advice as he thinks proper for the correction of the papers."
    *since 1 May 1994, Article 6(2) of the Tribunal's Rules

    Reference(s)

    ILOAT reference: ARTICLE 7(4) OF THE RULES

    Keywords:

    complaint; correction of complaint; formal requirements; iloat statute; interpretation; procedure before the tribunal; receivability of the complaint; submissions; tribunal;

    Considerations 18-19

    Extract:

    The complainant is unable to provide any proof of the date on which he says he filed his complaint with the Tribunal. "The Tribunal observes that its Rules of Court are liberal in that for the purpose of reckoning the time limit Article 6(3) [*] takes the date of dispatch and thereby relieves the complainant of liability for any faulty transmittal after dispatch. "That makes it the more important to establish the date of dispatch beyond doubt in each case. [...] The complainant has failed to adduce any evidence of the dispatch of his complaint. [...] Although the Tribunal does not question the sincerity of the complainant [...] it cannot treat [his] assertions as if they were objective evidence: if it did so it would be affording an opportunity for fraudulent evasion of time limits."
    *superseded by Article 4(2) of the Tribunal's Rules as in force since 1 May 1994

    Keywords:

    complaint; date; evidence; formal requirements; iloat statute; lack of evidence; receivability of the complaint; time bar; time limit;



  • Judgment 1304


    76th Session, 1994
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The parties differ as to which decision set off the time limit for internal appeal. The complainant relies on negotiations which took place following an initial decision of the Secretary-General's. Those negotiations, intended to reach a settlement, ended in a second decision of the Secretary-General's to refuse to negotiate any further. The Tribunal holds that the complainant's "further action [...] and any proposals that may have been made to him did not cause the organization at any time to go back on the final decision which it had taken [...] [the subsequent decision] did no more than confirm the earlier one and set off no new time limit for appeal."

    Keywords:

    complaint; confirmatory decision; decision; new time limit; receivability of the complaint; start of time limit; time limit;



  • Judgment 1302


    76th Session, 1994
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant submits but the organisation denies that he had the status of an ESO official. "The fact of the matter is that [a private company] employed him on its own behalf, not as an agent of the ESO. Since he is wrong in contending that the ESO was his employer the Tribunal is not competent to entertain his complaint, and it must fail."

    Keywords:

    competence of tribunal; complaint; locus standi; non official; official; receivability of the complaint; status of complainant;



  • Judgment 1301


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

    Consideration 8

    Extract:

    The complainant is objecting to a decision to put in her personal file several performance appraisals which she alleges were drawn up in breach of the established procedure and contained "libellous comments". The ILO says that she refused to submit any comments of her own on the reports and thereby prevented the review procedure from moving ahead. "The requirement that a complainant go through any internal procedure is not just a formality. [...] By refusing to [make] comments on the draft reports she is challenging the complainant failed to avail herself of the means at her disposal to have the reports withdrawn or altered. Her complaint is therefore irreceivable under Article VII(1) of the Statute."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    complainant; complaint; iloat statute; internal appeal; internal remedies exhausted; performance report; rebuttal; receivability of the complaint; refusal; work appraisal;



  • Judgment 1280


    75th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 14-15

    Extract:

    Vide Judgment 1279, considerations 14 and 15.

    Reference(s)

    ILOAT Judgment(s): 1279

    Keywords:

    complaint; date; good faith; internal appeal; organisation's duties; receivability of the complaint; staff regulations and rules; time limit;



  • Judgment 1279


    75th Session, 1993
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 14-15

    Extract:

    Under PAHO Staff Rule 1230.7.1 no-one may appeal to the Board of Appeal until "all the existing administrative channels have been tried". The complainants advised the administration that they intended to appeal to the Board as soon as they had the assurance that they had exhausted the internal remedies. "The defendant was therefore not free in good faith to treat the complainants' internal appeals to the Board as being out of time by taking a date that made it impossible for them to satisfy the prior condition set in Rule 1230.7.1."

    Reference(s)

    Organization rules reference: PAHO STAFF RULE 1230.7.1

    Keywords:

    complaint; date; good faith; internal appeal; organisation's duties; receivability of the complaint; staff regulations and rules; time limit;

    Consideration 9

    Extract:

    "The purpose of time limits is to make for the stability in law that both sides require. Management has an interest in knowing that the decisions it takes are beyond challenge; and the staff too need to know, especially when administrative action is taken at successive stages from the general to the particular, just when they may act without fear of having their suit rejected as premature or time-barred."

    Keywords:

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



  • Judgment 1277


    75th Session, 1993
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "According to the case law - see, for example, Judgment 435 [...] - the rule that the complainant must have exhausted the internal remedies means, first, that his complaint must rest on the same essential facts as his internal appeal and, secondly, that his claims must not be wider than those he put forward in that appeal."

    Reference(s)

    ILOAT Judgment(s): 435

    Keywords:

    case law; complaint; identical claims; identical facts; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint;



  • Judgment 1263


    75th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2-3

    Extract:

    The organization contends that one of [the complainant's] claims is irreceivable for failure to exhaust the internal means of redress. It observes that neither did he make a written protest on that score or an appeal to the Appeals Board. The claim was not even mentioned in the cause of the original proceedings which led to an earlier judgment of the Tribunal on a case also brought by the complainant. He does not deny that he made no internal appeal but merely asserts that it was discriminatory and unlawful not to grant him satisfaction. "So his complaint is indisputably irreceivable under this head."

    Keywords:

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

    Consideration 4

    Extract:

    "Identity of purpose means that what the complainant is seeking is what he would have obtained had his earlier suit succeeded. And it is not the actual working of the decision that matters but the complainant's intent."

    Keywords:

    claim; complaint; criteria; receivability of the complaint; res judicata; same purpose;

    Consideration 6

    Extract:

    "His claim to material damages for failure to distribute [a circular] is made for the first time in this complaint and did not form the subject of prior appeal to the Director-General. It is irreceivable because he has failed to exhaust the internal means of redress."

    Keywords:

    claim; iloat statute; internal remedies exhausted; new claim; receivability of the complaint;



  • Judgment 1260


    75th Session, 1993
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant wants the Tribunal to order the removal of a mention in his file after he turned down the offer of a post which allegedly puts an "obstacle" on his name to get jobs from the organization. The organization contends that it has not had any contractual ties with the complainant since a short contract it gave him some time ago, and it points out that his present claims have no bearing on that contract. "The Tribunal's competence is restricted under Article II(5) of its Statute to hearing complaints alleging the non-observance, in substance or in form, of the terms of appointment of an official or of provisions of the organisation's Staff Regulations. The complaint fails because the Tribunal lacks competence to entertain it."

    Reference(s)

    ILOAT reference: ARTICLE II(5) OF THE STATUTE

    Keywords:

    competence of tribunal; complaint; contract; iloat statute; locus standi; non official; personal file; receivability of the complaint; staff regulations and rules;



  • Judgment 1259


    75th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3-4

    Extract:

    The complainant objects to the non-renewal of his contract. The organization says his complaint is irreceivable. It does not deny that he sent a memorandum challenging the decision but argues that his internal appeal was not properly presented since he did not submit it to the Director-General himself. "That objection fails because the memorandum was correctly addressed to the Director of the Bureau of personnel, whom he asked to convey to the administration his decision to appeal. So it was incumbent on the Director to forward it to the Director-General."

    Keywords:

    complaint; formal requirements; internal appeal; internal remedies exhausted; receivability of the complaint;



  • Judgment 1258


    75th Session, 1993
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    EMBL submits that only if the complainant withdraws a suit she filed with a national court will her complaint be receivable and that only the withdrawal of that suit will show that she acknowledges the Tribunal's competence. "The Tribunal is competent to entertain her claims under paragraphs 5 and 6 of Article II of its Statute; she has observed the time limits; and her complaint is receivable. It is for the [national] labour court [...] to rule on its own competence."

    Reference(s)

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

    Keywords:

    competence of tribunal; complaint; iloat statute; municipal court; receivability of the complaint;



  • Judgment 1257


    75th Session, 1993
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Vide Judgment 1258, consideration 4.

    Reference(s)

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

    Keywords:

    competence of tribunal; complaint; iloat statute; municipal court; receivability of the complaint;



  • Judgment 1256


    75th Session, 1993
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant asked the Director-General to review his decision to reject his application for a vacant post after the expiry of the one month delay for filing of an internal appeal. He wants the Tribunal to acknowledge the exceptional character of his case as justifying an extension of the normally applicable time limit. "According to precedent a complainant may not be deemed to have exhausted the means of redress at his disposal within the organisation unless he has followed the prescribed internal procedure for appeal and in particular observed the time limits. So if his internal appeal was out of time his complaint to this Tribunal will also be irreceivable under Article VII(1)."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE
    Organization rules reference: UPU STAFF RULE 111.3

    Keywords:

    case law; complaint; exception; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time bar; time limit;

    Consideration 6

    Extract:

    To escape the time bar the complainant relies on UPU Staff Rule 111.3.4, which allows the Joint Appeals Committee to waive the time limit in exceptional circumstances. "As the Union observes, the time limit which the Committee may waive is not the one in 111.3.1 - the one month for submitting a request for review to the Director-General - but only the one for appeal to the Committee against the decision rejecting such request." The complaint is therefore irreceivable.

    Reference(s)

    Organization rules reference: UPU STAFF RULE 111.3

    Keywords:

    case law; complaint; exception; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time bar; time limit;



  • Judgment 1246


    74th Session, 1993
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    In her first complaint the complainant challenges what she regards as the implied rejection of her claim; in her second one she impugns express rejection. "The cause of action and the parties' pleas being the same, the two complaints are joined and there is no need to rule on the organisation's objection. Since the second complaint is receivable the Tribunal will go into the merits."

    Keywords:

    cause of action; complaint; express decision; implied decision; joinder; receivability of the complaint;



  • Judgment 1245


    74th Session, 1993
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The Agency alleges that it informed her by a personnel notice that she had been excluded from the United Nations Joint Staff Pension Fund. The Tribunal holds that the notice "was wholly inadequate to alert her to the purpose and substance of the administrative decision that had been taken. Since she may not be deemed in the circumstances to have received proper 'notification' as prescribed in Rule 12.01.1 (d) (1), the time limit did not then run. Her present complaint is therefore receivable."

    Reference(s)

    Organization rules reference: IAEA PROVISIONAL STAFF RULE 12.01.1 (D) (1)

    Keywords:

    complaint; decision; internal appeal; internal appeals body; receivability of the complaint; staff regulations and rules; start of time limit; time bar;

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