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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 1244


    74th Session, 1993
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The meaning of Article VII(1) of the Tribunal's Statute is, according to the case law, "that a complainant must not only have gone through any internal appeals procedure within his organisation but duly complied with the requirements of the rules on that procedure. Thus, if the internal appeal was irreceivable under those rules, the complaint to the Tribunal will also be irreceivable under Article VII(1)."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    case law; complaint; due process; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; procedure before the tribunal; receivability of the complaint; staff regulations and rules; tribunal;



  • Judgment 1243


    74th Session, 1993
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "According to the case law, where a complainant does everything necessary to get a final decision but the appeal proceedings appear unlikely to end within a reasonable time, he may go to the Tribunal. Rulings to that effect are to be found, for example, in Judgments 451 and 499."

    Reference(s)

    ILOAT Judgment(s): 451, 499

    Keywords:

    absence of final decision; administrative delay; case law; complaint; decision; internal appeal; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;



  • Judgment 1236


    74th Session, 1993
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The letter [...] from the head of administration was plainly CERN's answer to his internal appeal [...]. On the issue of notice it is therefore a final decision and meets the requirements for receivability in Article VII(1) of the Tribunal's Statute."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    complaint; condition; decision; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint;



  • Judgment 1233


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant seeks the quashing of her dismissal for reasons of health. Such dismissal, she maintains, was wrong unless her incapacity was total. The claim "is receivable because several times she sought the quashing of her dismissal and put the matter to the Appeals Board. Though she did withdraw several appeals that were before the Board she never expressly waived her objections to dismissal."

    Keywords:

    claim; health reasons; internal appeal; internal remedies exhausted; receivability of the complaint; termination of employment; waiver of right of appeal; withdrawal of suit;



  • Judgment 1232


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant was sentenced to imprisonment in his country of origin. After his release, however, he was not allowed to go abroad. after being entitled to do so, he sent a letter to the Director-General regarding the organization's acceptance of his application for early retirement, which he had worded under duress, when he was still compelled to remain in his country. Receiving no answer and about one year after leaving the country, he challenged the rejection he inferred from the Director-General's silence. The complainant went to the Appeals Board, but the Director-General rejected its recommendation on the grounds that the appeal was irreceivable, being out of time. The Tribunal considers that "the delay was understandable in the unusual circumstances of [the] case [...] the conclusion is that he was not out of time."

    Keywords:

    delay; exception; internal appeal; internal appeals body; receivability of the complaint; time bar;



  • Judgment 1230


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

    Consideration 3

    Extract:

    The defendant maintains that the complainant did not meet the two-month time limit for lodging appeals and failed to exhaust the internal means of redress. The Committee was of the view that, in this case, exceptional circumstances warranted waiving the time limit and allowing the appeal. The defendant contends that the Committee's decision was not binding on the Agency. "Only where the Committee's appraisal of the circumstances is flagrantly wrong or based on plainly mistaken facts may the Director General disregard it, and even then his decision will be subject to review by the Tribunal."

    Keywords:

    condition; exception; internal appeal; internal appeals body; internal remedies exhausted; judicial review; mistake of fact; mistaken conclusion; receivability of the complaint; staff regulations and rules; time bar; time limit;

    Consideration 3

    Extract:

    "The rule is that for his complaint to be receivable the staff member must not only meet the time limit in Article VII(2) of [the Tribunal's] Statute but have properly followed the internal appeal procedure."

    Reference(s)

    ILOAT reference: ARTICLE VII(2) OF THE STATUTE

    Keywords:

    condition; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time limit;



  • Judgment 1229


    74th Session, 1993
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant impugns the implied rejection which he infers from the organisation's silence on an internal complaint he logded against its refusal to take account of university degrees which he acquired while in the organisation's employ. Eurocontrol submits that the complaint is irreceivable on the grounds that a "complaint" may only be directed against an act adversely affecting an official. The Tribunal holds that "the complainant's letters to the Director General were mere statements of grievances that had no particular purpose" since he does not identify any duty towards him under the general conditions of employment that Eurocontrol may have failed to discharge there cannot have been any "act adversely affecting" him and for want of an appealable decision, even implied, his complaint is irreceivable.

    Keywords:

    absence of final decision; career; cause of action; decision; degree; failure to answer claim; implied decision; receivability of the complaint;



  • Judgment 1227


    74th Session, 1993
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant is challenging a report submitted by the Joint Appeals Board. "The report [...] plainly does not constitute a final decision within the meaning of the UNIDO Staff Regulations and Staff Rules. The complaint is therefore irreceivable under Article VII(1) of the Tribunal's Statute."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    absence of final decision; complaint; iloat statute; internal appeals body; internal remedies exhausted; receivability of the complaint; report;



  • Judgment 1223


    74th Session, 1993
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "True, a staff member may not assert any right to promotion and the choice of the successful applicant is at the discretion of the administration, which alone may appraise the organisation's interests. Yet the exercise of discretion is subject to restrictions in law and the Tribunal will to that extent review the decision: see for example Judgment 1016 [...]. So the staff member has undeniably the right to file an internal appeal or a complaint with the Tribunal if he believes that the appointment to a vacancy he has applied for is improper."

    Reference(s)

    ILOAT Judgment(s): 1016

    Keywords:

    appointment; candidate; case law; cause of action; competition; complaint; discretion; internal candidate; judicial review; limits; organisation's interest; promotion; receivability of the complaint; refusal; right; vacancy notice;



  • Judgment 1221


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "It is plain on the evidence that the bureau of personnel told the complainant that the Director-General would be willing to waive the Appeals Board's jurisdiction [under UNESCO Staff Rule 111.2(b)] if she so wished, that she expressly agreed to the suggestion, and that she formally sought and was granted waiver by the Director-General." So the complainant appealed directly to the Tribunal "in full freedom".

    Reference(s)

    Organization rules reference: UNESCO STAFF RULE 111.2(B)

    Keywords:

    complainant; complaint; direct appeal to tribunal; internal remedies exhausted; lack of consent; receivability of the complaint;

    Consideration 4

    Extract:

    Under challenge is a passage from a memorandum which the complainant alleges changed the duties of her post. She seeks the quashing of that text. Such a claim is irreceivable. "A staff member may challenge a text only if it amounts to a decision and affects him adversely. [...] The fact of the matter is that no decision was taken and her claim to the striking out of the [text] cannot be entertained."

    Keywords:

    absence of final decision; cause of action; claim; condition; receivability of the complaint;



  • Judgment 1220


    74th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant is challenging a decision whereby another official, he alleges, was wrongfully granted or allowed to keep financial and other benefits. The complainant was no longer in the WHO's employ when the impugned decision was taken. "As the Tribunal held in Judgment 732 [...], a complaint 'would succeed only if the complainant had suffered injury and established a sufficient causal link between the organization's act and the injury'; and again, in Judgment 764 [...] 'a decision by an international organisation is challengeable before the Tribunal only if it causes the complainant injury'. the complainant having suffered no injury and being therefore unable to show any cause of action, his application is irreceivable and must fail."

    Reference(s)

    ILOAT Judgment(s): 732, 764

    Keywords:

    application for execution; case law; cause; cause of action; complaint; injury; lack of injury; receivability of the complaint; status of complainant;



  • Judgment 1213


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

    Consideration 3

    Extract:

    The complainant is claiming assignment to a specific post. The meaning of Article VIII of the Tribunal's Statute, "as the case law has construed it, is that the Tribunal may not order an organisation to put a staff member on any particular post. All it may do is set aside an unlawful decision putting someone on a post or refusing to do so or order specific performance where the organisation has failed to discharge an obligation. In this case [...] the complainant's claim [...] fails because it is irreceivable."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE

    Keywords:

    assignment; case law; claim; competence of tribunal; iloat statute; interpretation; organisation's duties; post; receivability of the complaint;



  • Judgment 1205


    74th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The complaint is irreceivable because the decision impugned is not a final one: the complainant has failed to exhaust the internal means of redress, in breach of the requirement in Article VII(1) of the Tribunal's Statute."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

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



  • Judgment 1203


    73rd Session, 1992
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2-3

    Extract:

    The complainants went on strike and the organisation sent them an "open letter" and individual letters drawing their attention to their obligations under the rules. Those are the letters they impugn. According to Article VII(1) of the Tribunal's Statute what a complainant is required to impugn is a "decision". "As was held in Judgment 112, a plea to quash may be directed only against a decision, that is, 'an act deciding a question in a specific case'. And in Judgment 532 the Tribunal construed the term to mean 'any action by an officer of the organisation that has a legal effect'. In sum, a decision is any act by the defendant organisation that has an effect on an official's rights and obligations." In this case "the Tribunal finds nothing in either the individual letters or the open one that it may properly construe as a 'decision' within the above definition."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE
    ILOAT Judgment(s): 112, 532

    Keywords:

    absence of final decision; application for quashing; case law; cause of action; decision; definition; receivability of the complaint;



  • Judgment 1181


    73rd Session, 1992
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complaint raises a question of receivability. Under Article 43 (1) of the Staff Regulations an internal appeal must be lodged within thirty days of the date on which a decision was notified. The complainant pleads that he made a material mistake by reading the thirty days as one calendar month. "Time limits for internal appeals must be strictly complied with. The complainant failed to abide by the Staff Regulations, and the mistake he supposedly made is irrelevant because the organization did not seek to mislead him. Since he has not exhausted the internal means of redress, his complaint is irreceivable under Article VII(1) of the Tribunal's Statute."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE
    Organization rules reference: ARTICLE 43 OF THE INTERPOL STAFF REGULATIONS

    Keywords:

    date of notification; delay; iloat statute; internal appeal; internal remedies exhausted; mandatory time limit; receivability of the complaint; staff regulations and rules; start of time limit; time bar; time limit;



  • Judgment 1176


    73rd Session, 1992
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6-7

    Extract:

    "The complainant has brought two similar complaints challenging [the same] decision. [...] He explains that since the time limit for answering his internal appeal ran out [...] he inferred rejection and filed a complaint. He then left on holiday and not until he got back - by which time his first complaint had already been filed - did he receive the letter of rejection. So it was only by way of precaution that he filed the second complaint, within the time limit, against that express decision. In the circumstances the two complaints are receivable and may be joined."

    Keywords:

    complaint; decision; express decision; failure to answer claim; implied decision; joinder; receivability of the complaint; time limit;



  • Judgment 1167


    73rd Session, 1992
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "All that is needed for [an] appeal to be receivable is that the impugned decision be clearly identified and the pleas set out.

    Keywords:

    condition; decision; internal appeal; internal appeals body; receivability of the complaint; time limit;



  • Judgment 1166


    73rd Session, 1992
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The organization challenges the Tribunal's competence on the grounds that it has no employment relationship with the complainant: an unpaid associate like him does not serve CERN and is not subject to its rules, and the organization does not pay the complainant for his work. The plea fails. [...] It is not in dispute that CERN has recognised the Tribunal's jurisdiction, as indeed is reflected in Rule VI 1.05 of its Staff Rules. Moreover, the complainant, who belongs to the staff of CERN as an unpaid associate, is alleging non-observance of provisions of the Staff Rules and Regulations. As for his not working for CERN, not being subject to its rules and not getting payment from it, those are issues that have a bearing, not on the Tribunal's competence, but on the receivability of his complaint. The Tribunal has jurisdiction."

    Reference(s)

    Organization rules reference: CERN STAFF RULE VI 1.05

    Keywords:

    competence of tribunal; declaration of recognition; receivability of the complaint; salary; staff regulations and rules; status of complainant;

    Considerations 4-5

    Extract:

    "The organization contends that the complaint is irreceivable. In its submission the complainant has no locus standi because he was not an official of CERN, had no relationship of employment with it, did not work for it and was subject to its rules only to a strictly limited extent. [...] In accordance with the terms of his appointment and [the relevant] Staff Rules the complainant was [...] free to [...] lodge a complaint as a member of CERN's staff. [...] But the complaint is irreceivable for another reason [...] the decision he impugns is irrelevant to his contract with CERN".

    Keywords:

    competence of tribunal; contract; decision; locus standi; receivability of the complaint; staff regulations and rules; status of complainant;



  • Judgment 1160


    72nd Session, 1992
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "Further claims [from one of the complainants] to a ruling on the Organization's alleged failure to deal with the issues in his statements of appeal and to 'directions' to the administration 'in the interest of justice' do not constitute proper forms of relief and therefore will not be entertained."

    Keywords:

    claim; compensation; failure to answer claim; internal appeal; receivability of the complaint;



  • Judgment 1149


    72nd Session, 1992
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "According to the case law, the scope of claims to the Tribunal may not go beyond that of the claims that formed part of the internal appeal, since any claim that goes further is barred under the rule in Article VII(1) of the Tribunal's Statute that the complainant must have exhausted the internal means of redress."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

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

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Last updated: 28.10.2020 ^ top