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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 995


    68th Session, 1990
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "According to Article VII(1) of the Tribunal's Statute a complaint shall not be receivable unless the impugned decision is final, the complainant having exhausted the means of redress available to him under the staff regulations. That constitutes a requirement to follow any internal procedure laid down in the Staff Regulations: the staff member must not only respect the time limits for appeal but also comply with any stipulations as to procedure in the Regulations or Implementing Rules."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    enforcement; internal appeal; internal remedies exhausted; procedure before the tribunal; receivability of the complaint; staff regulations and rules; time limit;

    Summary

    Extract:

    According to paragraphs 7 and 9 of the Statutes of the UNESCO Appeals Board, appeals must be presented by the official concerned or, on his behalf, by any other member of the Secretariat stationed at headquarters. The complainant was represented by a lawyer before the Appeals Board and thereby failed to comply with the prescribed procedure. His complaint is accordingly irreceivable. The Tribunal remarks that as lawyers ordinarily have access to any judicial body the rules governing the internal appeals procedure would not be admissible before a court of law. But under the circumstances of the instant case the rules in the Board's Statutes must be construed strictly.

    Reference(s)

    Organization rules reference: PARAGRAPHS 7 AND 9 OF THE STATUTES OF THE UNESCO APPEALS BOARD

    Keywords:

    complainant; counsel; enforcement; formal requirements; internal appeal; internal appeals body; procedure before the tribunal; receivability of the complaint; staff regulations and rules;



  • Judgment 993


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

    Summary

    Extract:

    The complainant has never appealed against the decision to terminate him. Because he failed to exhaust the internal means of redress as required by Article VII(1) of the Statute, his complaint is irreceivable.

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    internal remedies exhausted; receivability of the complaint;



  • Judgment 990


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

    Summary

    Extract:

    The General Assembly of the United Nations brought in a new, lower scale of pensionable remuneration as from 1 January 1985. That scale, provided for in Article 3.1.1 of the ILO Staff Regulations, did not come into force for officials serving in the organization until 1 April 1985. The complainant's pension was nonetheless reckoned according to the new scale between 1 January and 31 March 1985. She challenges the Director-General's implied rejection of her internal complaint seeking to have her pension reckoned according to the old scale up to 31 March 1985 or, failing that, compensation. The Organization submits that the measure had come to her attention through various channels and that the complaint was out of time. The Tribunal holds that the Staff Regulations contained an explicit provision which set out the staff's rights. The staff were not told of any valid ilo decision not to abide by the Staff Regulations. The Organization's contention that the complaint is irreceivable is mistaken.

    Reference(s)

    Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS

    Keywords:

    amendment to the rules; complaint; difference; effective date; fund regulations; pension; pensionable remuneration; provision; receivability of the complaint; reduction of salary; scale; staff regulations and rules;



  • Judgment 978


    66th Session, 1989
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "None of the interveners is barred by any lapse of time from claiming entitlement to the non-resident's allowance and to the other benefits. [...] Acquiescence is not a valid plea open to the organization and a woman staff member may at any time object to discriminatory treatment."

    Keywords:

    allowance; continuing breach; equal treatment; intervention; non-resident allowance; receivability of the complaint; sex discrimination; time bar;

    Consideration 12

    Extract:

    "Since the rule was unlawful it could never become lawful by lapse of time or by acquiescence and a claim could therefore never be barred. Even though a claim to actual payment of the non-resident's allowance cannot succeed in these proceedings because of the complainant's failure to follow the proper internal procedure, the question of her entitlement to the allowance must be considered because of its bearing on the matter of the recurrent benefits."

    Keywords:

    allowance; continuing breach; flaw; non-resident allowance; provision; receivability of the complaint; right; time bar;



  • Judgment 977


    66th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Having made his 13.1 request for review on 7 October 1987, the complainant submitted a 'complaint' under 13.2 on 8 April 1988. The lodging of the 13.1 request and the substance of it show that the complainant had become aware of the 'treatment complained of' over six months before he lodged his 'complaint', and it was therefore out of time under 13.2."

    Reference(s)

    Organization rules reference: ARTICLE 13.1 OF THE ILO STAFF REGULATIONS;
    ARTICLE 13.2 OF THE ILO STAFF REGULATIONS

    Keywords:

    date of notification; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;



  • Judgment 970


    66th Session, 1989
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The complainant [...] contends that each alleged short-payment of salary constitutes in itself a separate breach by the Union of its obligations towards him. But since he has not sought review by the Secretary-General of any of the alleged short-payments, his complaint is again irreceivable".

    Keywords:

    complaint; continuing breach; decision; internal remedies exhausted; payment; receivability of the complaint; salary;



  • Judgment 963


    66th Session, 1989
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainants received notification in their pay slips of a 0.7 per cent reduction in the refundable amount of education expenses which they had incurred. The organisation contends that the pay slips merely confirmed earlier decisions, viz. a general decision of 7 July 1987. The Tribunal holds that the impugned decisions were individual ones that cause the complainants injury, and not confirmations of earlier decisions.

    Keywords:

    cause of action; confirmatory decision; decision; deduction; education expenses; general decision; individual decision; pay slip; receivability of the complaint; reduction of salary; refund; salary;



  • Judgment 961


    66th Session, 1989
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4, Summary

    Extract:

    The Permanent Commission of Eurocontrol took a decision of policy to bring about a differential of up to 5 per cent between staff pensions in the European Communities and pensions in Eurocontrol. The complainants are challenging a general decision, not individual decisions. Not one of the complainants has retired. "Since the amount of the complainants' pension contributions is not under challenge, all that is material in this case is the amount each complainant will get when he retires. The Tribunal will not make a general ruling, being competent only to entertain individual and actual disputes, and it therefore declares the complaints irreceivable."

    Keywords:

    cause of action; competence of tribunal; general decision; individual decision; legislative body; pension; pension entitlements; receivability of the complaint; reduction of salary;



  • Judgment 960


    66th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "Although a complainant may put forward a new plea at any point in proceedings before the Tribunal, he may not in his rejoinder enlarge the scope of his claims as stated in his original complaint."

    Keywords:

    new claim; new plea; receivability of the complaint; rejoinder;

    Consideration 5

    Extract:

    The organisation argues that the complainant's internal appeal against the application of the amended scale of pensionable remuneration was time-barred. The plea fails. The Tribunal holds that "although [the complainant] must have known for over two years that amending the scale would have consequences when she left she could not know what the financial consequences would be."

    Keywords:

    amendment to the rules; amount; consequence; decision; internal appeal; pension; pensionable remuneration; receivability of the complaint; reduction of salary; retirement; scale; separation from service; start of time limit; time bar; time limit;



  • Judgment 955


    66th Session, 1989
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant's "argument that he was late in discovering that the decision had been unlawful is irrelevant: a time limit is a matter of objective fact and starts when the decision is notified. if that were not so - whatever considerations of equity there might be - there could be no certainty in legal relations between the parties, and such certainty is the whole point and purpose of time limits. An exception might be allowed only if the organisation had acted in bad faith and misled the official."

    Keywords:

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

    Consideration 4

    Extract:

    "Article VII[1] of the Tribunal's Statute provides that a complaint will not be receivable unless the official has exhausted the internal means of redress. to satisfy that requirement it is not enough for the official to submit an internal appeal: he must submit it in time."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE

    Keywords:

    internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;



  • Judgment 949


    65th Session, 1988
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant retired in December 1985. He is seeking inter alia recognition of his actual duties from the date of appointment in August 1970, reinstatement at grade P.2 as from 31 August 1970, and revision of his retirement pension. "The complaint is clearly irreceivable both because the complainant is not impugning any decision and because any time limit for appealing against the injury he alleges expired many years ago."

    Keywords:

    cause of action; complaint; no cause of action; receivability of the complaint; retirement; summary procedure; time bar; time limit;



  • Judgment 944


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The internal appeal was signed by Mr. [E.] whereas the complaint is signed by Mr. [E.]'s wife. "There being no need for a ruling of general purport on the issue, the Tribunal holds that in the circumstances of the case the complaint may be deemed receivable. [...] The complainant's husband, [...] like her, is an official of the EPO; they concur on the material issue and the purpose of the suit relates to a matter of social security for spouses".

    Keywords:

    complainant; complaint; difference; exception; family relationship; internal appeal; locus standi; marital status; receivability of the complaint;



  • Judgment 941


    65th Session, 1988
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5-6

    Extract:

    The organisation maintains that the complaint was time-barred as it was not filed within ninety days of the implied decision to reject it arising out of the administration's silence. The Tribunal holds that "the organisation may not plead its own failure to act. The complainant had good reason to infer [and had done his utmost to ensure] that his claim was still under review."

    Keywords:

    complaint; failure to answer claim; good faith; implied decision; internal appeal; negligence; organisation; receivability of the complaint; time bar; time limit;



  • Judgment 939


    65th Session, 1988
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 31

    Extract:

    The complainant "is free to submit to [the Tribunal] a new plea in support of [claims which remain constant]. What he may not do is address to the Tribunal claims he has not already put to the ILO."

    Keywords:

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



  • Judgment 935


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "No final decision has yet been taken on conclusion of the conciliation procedure. As the organisation observes in its reply, the conciliation procedure does not form part of the appeal proceedings and [...] is not subject to any time limit."

    Keywords:

    absence of final decision; internal appeal; internal remedies exhausted; procedure before the tribunal; receivability of the complaint; time limit;



  • Judgment 931


    65th Session, 1988
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant contends that he was entitled to costs inasmuch as he was granted satisfaction pendente lite and because his complaint was receivable at the date of filing. The Tribunal holding that his appeal was premature and therefore irreceivable, his claim for costs fails.

    Keywords:

    absence of final decision; case pending; costs; failure to answer claim; internal remedies exhausted; receivability of the complaint; settlement out of court; time limit;



  • Judgment 930


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The organisation was authorised to confine its reply to the issue of receivability. But it was unable to show that it had given timely notice of the President's decision. The complaint is receivable.

    Keywords:

    burden of proof; case sent back to organisation; date of notification; decision; evidence; further submissions on the merits; organisation; receivability of the complaint; reply confined to receivability;



  • Judgment 923


    65th Session, 1988
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The complainant's "claim to costs is receivable because the organisation did not answer his claim to the refund and indeed did nothing at all until he had actually filed this complaint."

    Keywords:

    case pending; costs; exception; receivability of the complaint; settlement out of court;



  • Judgment 918


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Provided a communication takes the form of a decision, its lawfulness is immaterial to the reckoning of the time limit: to hold otherwise would impair the stability of the parties' position in law, which is the purpose of the time limit."

    Keywords:

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



  • Judgment 911


    64th Session, 1988
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The organization [...] accepts as a term of every contract of appointment its duty to respect freedom of association, and anyone who has such a contract may challenge any decision that impairs that freedom. What the complainant is saying - indeed it is the sole issue - is that the organization acted in breach of freedom of association. His complaint is therefore receivable insofar as he is suing in his own name."

    Keywords:

    competence of tribunal; enforcement; freedom of association; locus standi; official; receivability of the complaint; staff regulations and rules; staff representative;

    Consideration 2

    Extract:

    The list of those to whom the Tribunal is open as given in Article II[6] of the Statute of the Tribunal "is exhaustive. For one thing, it does not include bodies that have legal personality. For another, even supposing the association, though it is an official body, did not have personality in law but was just a de facto group, it does not hold a contract of appointment with the organization. On both counts it does not have access to the Tribunal under Article II and the complaint is irreceivable insofar as it purports to be a party."

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 6, OF THE STATUTE

    Keywords:

    competence of tribunal; locus standi; receivability of the complaint; staff representative; staff union;

    Consideration 4

    Extract:

    "Every staff member enjoys [...] freedom [of association]. Since the exercise of it may be affected by the Tribunal's judgment, the applications are receivable."

    Keywords:

    cause of action; freedom of association; intervention; receivability of the complaint;

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