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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 1082


    70th Session, 1991
    Intergovernmental Council of Copper Exporting Countries
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    As stated in Judgment 873 (in re Da) the CIPEC Staff Regulations do not provide for internal appeal. But that does not preclude the organisation's entertaining such an appeal ex gratia."The complainant addressed an appeal to the decision- making authority" before the expiry of ninety days from the date of the original decision and the Secretary-General's answer was to uphold that decision. So it is fair to take the ninety days as running from the date of confirmation and treat the complaint as filed in time."

    Reference(s)

    ILOAT Judgment(s): 873

    Keywords:

    complaint; internal appeal; no provision; receivability of the complaint; start of time limit; time limit;



  • Judgment 1081


    70th Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The fact "that the measure under challenge affects several groups of staff and is therefore general in purport [...] does not in itself make the complaints irreceivable: decisions do not need to be individual to be challengeable before the Tribunal. As Article VII(2) of the Tribunal's Statute makes plain, a general decision too is challengeable. That article sets the time limit for filing a complaint against 'a decision affecting a class of officials', in other words a general decision. Yet that does not mean that a complaint challenging any sort of general decision will necessarily be receivable: there is also the rule in VII(1) that the internal means of redress must have been exhausted."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) AND (2) OF THE STATUTE

    Keywords:

    competence of tribunal; condition; date; general decision; iloat statute; individual decision; internal remedies exhausted; receivability of the complaint; time limit;

    Consideration 4

    Extract:

    The complainants want to have the revised weighings with retroactive force from 1 January 1981 taken into account for determination of the "Eurocontrol reduction" imposed on their salaries. The impugned decision does not "put figures on the entitlements of each of the complainants it applies to. [...] In the circumstances the complainants may not now challenge the validity of the general decision they are objecting to. Before they come to the Tribunal they must be able to cite individual decisions."

    Keywords:

    adjustment; cost-of-living weighting; general decision; individual decision; receivability of the complaint; reckoning; reduction of salary; salary;



  • Judgment 1068


    70th Session, 1991
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4, Summary

    Extract:

    The complainant received a termination indemnity under Article 11.6 of the ILO Staff Regulations (indemnity upon reduction of staff). She claims a more generous one under Article 11.16 (agreed termination). The indemnity under dispute was mentioned in an agreement signed in 1977, which the Tribunal recognised as valid in Judgment 404 of 24 April 1980. Besides, her entitlements were paid in full on 24 January 1979. Her claim of 20 December 1988 is therefore time- barred under Article 14.8 and also irreceivable under the res judicata rule.

    Reference(s)

    Organization rules reference: ARTICLES 11.6 AND 11.16 OF THE ILO STAFF REGULATIONS
    ILOAT Judgment(s): 404

    Keywords:

    agreed termination; internal appeal; receivability of the complaint; res judicata; terminal entitlements; time bar;

    Consideration 3, Summary

    Extract:

    By a letter of 20 December 1988 the complainant asked the Director-General to pay her three months' salary based on an offer made to her on 23 October 1981. Her claim was nowhere near being in time according to the time limit set in Article 14.8 of the Staff Regulations. The organisation's failure to pay her has no effect on the time limit.

    Reference(s)

    Organization rules reference: ARTICLE 14.8 OF THE ILO STAFF REGULATIONS

    Keywords:

    exception; internal appeal; receivability of the complaint; time bar;



  • Judgment 1066


    70th Session, 1991
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    On 15 March 1990 the complainant's counsel wrote to the Director-General asking him to grant her the benefit of termination on abolition of post. In its reply of 29 March CERN indicated that the matter was being examined. The complainant filed her complaint on 21 May 1990 under Article VII(3) of the Tribunal's Statute. As no rejection of her claim be inferred in the circumstances of the case, the complaint is premature.

    Reference(s)

    ILOAT reference: ARTICLE VII(3) OF THE STATUTE

    Keywords:

    absence of final decision; implied decision; internal remedies exhausted; receivability of the complaint;



  • Judgment 1064


    70th Session, 1991
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2, Summary

    Extract:

    On 3 April 1990 the complainant filed an application for interpretation of Judgment 972, which was delivered on 27 June 1989. Neither the Statute nor the Rules of Court set any time limit for the filing of such applications (see Judgment 538). The Tribunal will look at the circumstances in which a claim is made before deciding what constitutes a reasonable time. In the instant case the complainant is not guilty of such delay as to make his application irreceivable.

    Reference(s)

    ILOAT Judgment(s): 538

    Keywords:

    application for interpretation; no provision; reasonable time; receivability of the complaint; time limit;



  • Judgment 1063


    70th Session, 1991
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant impugns his performance report. Because he failed to follow the internal appeals procedure his complaint is irreceivable.

    Keywords:

    complaint; internal remedies exhausted; performance report; receivability of the complaint;



  • Judgment 1056


    70th Session, 1991
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The complainant is not challenging any administrative decision. Nor has he submitted any text that may be treated as a claim that has by implication been rejected. His complaint is therefore irreceivable."

    Keywords:

    cause of action; complaint; no cause of action; receivability of the complaint;



  • Judgment 1052


    69th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant got word of the decision not to renew his contract before receiving formal notification. "The only date that matters for the purpose of reckoning the time limit in [Article] VII(2) [of the Tribunal's Statute] is the date of formal notification of the final decision in writing."

    Reference(s)

    ILOAT reference: ARTICLE VII(2) OF THE STATUTE

    Keywords:

    complaint; date of notification; decision; formal requirements; receivability of the complaint; start of time limit; time limit;



  • Judgment 1039


    69th Session, 1990
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant lodged two internal appeals against the decision not to renew her appointment. Her first appeal, which she submitted directly to the Board, was irreceivable because under paragraph 7(a) she ought first to have addressed her claim to the Director-General. The second appeal, which she did address to the Director-General, was out of time by one day. There having been no waiver of the time limit under paragraph 8 of the Statutes, her complaint is irreceivable.

    Reference(s)

    Organization rules reference: PARAGRAPHS 7(A) AND 8 OF THE STATUTES OF THE UNESCO APPEALS BOARD

    Keywords:

    formal requirements; internal appeal; receivability of the complaint; time bar; time limit;



  • Judgment 1019


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Though a complainant may not submit to the Tribunal any claim which he did not make in the internal proceedings a new plea is another matter."

    Keywords:

    complaint; internal appeal; new plea; receivability of the complaint;



  • Judgment 1012


    68th Session, 1990
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The decision to reduce pay at Eurocontrol was confirmed on 12 November 1987. "Though the pay slips [giving effect to the reduction] are plainly unlawful because the Commission's decision still had to come into effect, they apply only to the period they cover and cannot be treated as giving effect to a decision that had not yet become final. Not a single complainant has challenged an individual decision subsequent to 12 November 1987. The Tribunal is therefore bound, regrettably, to declare the claims irreceivable insofar as they object to future reductions in pay."

    Keywords:

    application for quashing; effective date; enforcement; general decision; individual decision; pay slip; receivability of the complaint; reduction of salary; salary;

    Consideration 5

    Extract:

    "In line with the principles the Tribunal affirmed in Judgments 624 and 902 the complainants may challenge the Director General's decisions to apply the general measures to them and may thereby also challenge the lawfulness of the commission's decisions. [...] The defendant's objections to receivability fail insofar as they relate to the pay slips the complainants received in July, August and September 1987" and which informed them of reductions made to their salary.

    Reference(s)

    ILOAT Judgment(s): 624, 902

    Keywords:

    competence of tribunal; general decision; individual decision; pay slip; receivability of the complaint;



  • Judgment 1011


    68th Session, 1990
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Article VII of the Tribunal's Statute says that a complaint shall not be receivable unless the decision impugned is a final one and such remedies as are available under the applicable Staff Regulations have been exhausted. To satisfy that requirement, which is mandatory, the staff member must duly lodge an internal appeal with the competent body within the time limit in the Staff Regulations."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    formal requirements; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff member's duties; staff regulations and rules; time limit;

    Summary

    Extract:

    To take account of shifts in currency rates when reckoning the pay of officials who changed categories on promotion, the ITU began to follow United Nations practice by adopting in 1988 the so-called "anniversary calculation" system. The complainant, who was promoted in 1985 from grade G.7 to P.2, is seeking to have her pay so reviewed. On 28 January 1986 she wrote to the chief of personnel objecting to the loss of salary she suffered as a result of promotion. On 26 May 1988 she appealed to the Appeal Board. The Tribunal holds that the memorandum of 28 January 1986 cannot be construed either in form or in substance as a request for review under Rule 11.1.2 but was merely a written claim under Rule 3.17.1. Her appeal of 26 May 1988 was patently out of time and the complaint is therefore irreceivable.

    Reference(s)

    Organization rules reference: RULES 3.17.1 AND 11.1.1.2 OF THE ITU STAFF REGULATIONS AND STAFF RULES

    Keywords:

    consequence; formal requirements; general service category; internal appeal; professional category; promotion; receivability of the complaint; reduction of salary; salary; time bar;



  • Judgment 1010


    68th Session, 1990
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant's internal appeal against termination after the extension of his probation is time-barred. He argues "that an unregistered letter from someone other than the Director-General cannot constitute proper notice of dismissal or of extension of probation. [The] plea fails [...]. Provided that the staff member is given official notice of a decision the time limit starts to run and there is no need for special procedural formalities. And the absence of the Director-General's signature can have no effect on the time limit for appeal even though it may in some circumstances warrant setting the decision aside."

    Keywords:

    consequence; decision; flaw; formal flaw; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;



  • Judgment 1007


    68th Session, 1990
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant's first internal appeal against the denial of promotion was considered receivable but failed. A second appeal which he filed one year later was not treated as such by the organization. The second appeal had the same wording at the beginning and end as the first. The Tribunal holds that the Director-General should have treated the appeal as such and forwarded it to the secretariat of the Joint Advisory Appeals Board in keeping with Article R B 2.07 of Annex R B 2 of the CERN Staff Regulations. The case is remitted to the organization.

    Reference(s)

    Organization rules reference: ARTICLE R B 2.07 OF ANNEX R B 2 OF THE CERN STAFF RULES

    Keywords:

    case sent back to organisation; decision quashed; formal requirements; further submissions on the merits; internal appeal; receivability of the complaint;



  • Judgment 1005


    68th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant claimed the benefit of a decision delivered on 12 December 1986 (Judgment 792). She got notice of the organisation's final decision to refuse her claim in a letter dated 26 February 1988. But she failed to challenge that decision within the ninety-day limit laid down in Article VII(2) of the Statute. So her complaint is time-barred.

    Reference(s)

    ILOAT reference: ARTICLE VII(2) OF THE STATUTE

    Keywords:

    complaint; enforcement; judgment of the tribunal; receivability of the complaint; request by a party; time bar; time limit;



  • Judgment 1003


    68th Session, 1990
    African Training and Research Centre in Administration for Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Before the complaint was filed the Organisation went back on its decision to dismiss him and replaced it by a reprimand. Since the decision "has been withdrawn and has had no effect on his career there is no cause of action and his complaint is irreceivable."

    Reference(s)

    ILOAT Judgment(s): 792

    Keywords:

    cause of action; lack of injury; no cause of action; receivability of the complaint; settlement out of court; termination of employment;



  • Judgment 1002


    68th Session, 1990
    African Training and Research Centre in Administration for Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The complaint is irreceivable because [the complainant] has failed to exhaust the means of redress available to him under the Staff Regulations and is not challenging a final decision."

    Keywords:

    absence of final decision; internal remedies exhausted; receivability of the complaint;



  • Judgment 1001


    68th Session, 1990
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "When impugning an individual decision that touches him directly the employee of an international organisation may challenge the lawfulness of any general or prior decision, even by someone outside the organisation, that affords the basis for the individual one (cf. Judgments 382 [...], 622 [...] and 825 [...]). The present complainants may accordingly challenge the lawfulness of the general methodology and of the 1987 survey of Vienna, which, taken together, constitute the basis in law of the decisions under challenge."

    Reference(s)

    ILOAT Judgment(s): 382, 622, 825

    Keywords:

    competence of tribunal; decision-maker; general decision; inquiry; investigation; receivability of the complaint; reduction of salary; salary;

    Consideration 3

    Extract:

    "The parties agreed to dispense with prior referral to the Joint Appeals Board and to put the dispute directly to the Tribunal, as Rule 112.03 of UNIDO's Staff Rules allows." Because of that provision in the Organization's Rules, the requirement set out in Article VII of the Tribunal's Statute is met.

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE
    Organization rules reference: RULE 112.03 OF THE UNIDO STAFF RULES

    Keywords:

    acceptance; direct appeal to tribunal; enforcement; exception; executive head; receivability of the complaint; staff regulations and rules;



  • Judgment 1000


    68th Session, 1990
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    See Judgment 1001, consideration 12.

    Reference(s)

    ILOAT Judgment(s): 382, 622, 825, 1001

    Keywords:

    competence of tribunal; decision-maker; general decision; inquiry; investigation; receivability of the complaint; reduction of salary; salary;

    Consideration 3

    Extract:

    "The parties agreed to dispense with prior referral to the Joint Appeals Committee and to put the dispute directly to the Tribunal, as Rule 12.02.1(b) of the Agency's Provisional Staff Rules allows." Because of that provision in the Agency's Rules, the requirement set out in Article VII of the Tribunal's Statute is met.

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE
    Organization rules reference: RULE 12.02.1(B) OF THE IAEA PROVISIONAL STAFF RULES

    Keywords:

    acceptance; direct appeal to tribunal; enforcement; exception; executive head; receivability of the complaint; staff regulations and rules;



  • Judgment 997


    68th Session, 1990
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "As the Tribunal held in Judgment 647, provided a communication takes the form of a decision, its lawfulness is immaterial for the purpose of lodging an appeal." In the circumstances of the case the complainant's internal appeal against a decision requiring him to take home leave before a specified date was time-barred. The complaint is irreceivable.

    Reference(s)

    ILOAT Judgment(s): 647

    Keywords:

    consequence; decision; flaw; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;

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