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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 909


    64th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "As a rule, claims put forward in a rejoinder are receivable only if they come within the ambit of the claims as stated in the complaint."

    Keywords:

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



  • Judgment 905


    64th Session, 1988
    Intergovernmental Council of Copper Exporting Countries
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Under Article VII[1] of the Tribunal's Statute a complaint will not be receivable unless it challenges a final decision or, under VII[3], an implied one. Since the organisation did not take an express final decision within 60 days of the date on which the complainant notified his claim by letter of 4 June 1987, his claim is receivable under VII[3] in the same manner as one challenging an express final decision."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE
    Organization rules reference: ARTICLES 3.2.1 AND 5.3 OF THE CIPEC STAFF REGULATIONS

    Keywords:

    failure to answer claim; implied decision; internal appeal; internal remedies exhausted; receivability of the complaint; time limit;



  • Judgment 903


    64th Session, 1988
    Intergovernmental Council of Copper Exporting Countries
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Since the complainant was informed of the decision more than ninety days before filing, his complaint was not lodged within the time limit in Article VII(2) of the Statute and is not receivable."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE

    Keywords:

    abolition of post; complaint; date of notification; decision; receivability of the complaint; termination of employment; time bar;



  • Judgment 902


    64th Session, 1988
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 25

    Extract:

    The Permanent Commission of the Organisation took a decision bringing in a 5 per cent differential between pensions in Eurocontrol and pensions in the European Community. "Since the Commission is not the appointing authority its decisions are not subject to appeal".

    Keywords:

    competence of tribunal; complaint; condition; decision; decision-maker; legislative body; pension; pension entitlements; receivability of the complaint; reduction of salary;

    Consideration 24

    Extract:

    "The only kind of decision against which appeal will lie to the Tribunal [is] one taken by the appointing authority, and whether it is individual or general, express or implied, does not matter."

    Keywords:

    complaint; condition; decision; express decision; general decision; implied decision; individual decision; receivability of the complaint;



  • Judgment 899


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "The claim [...] did not form part of the internal appeals - because the change came later - and may not be put forward for the first time in complaints to the Tribunal. It fails because it is irreceivable."

    Keywords:

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



  • Judgment 898


    64th Session, 1988
    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 make recommendations on how to interpret certain provisions in the rules. "Besides stating his claims in vague and general terms the complainant is not seeking the quashing of any decision but mere recommendations in the form of advice to be commended to some unidentified person or authority. The Tribunal may neither give an advisory opinion nor rule on a dispute in which no breach of the terms of appointment or of the Staff Regulations is alleged. For that reason the claims are irreceivable."

    Keywords:

    advisory opinion; cause of action; competence of tribunal; complainant; interpretation; receivability of the complaint; request by a party; staff regulations and rules; tribunal; vague claim;



  • Judgment 894


    64th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant's appointment ended in 1976. The complainant lodged an internal appeal in 1984. The complaint is irreceivable.

    Keywords:

    complaint; internal appeal; receivability of the complaint; separation from service; time bar;



  • Judgment 887


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8-9

    Extract:

    Certainty of the position in law requires the complainant to state clearly what it is he wants. The Tribunal observes that in both his internal appeal and the present complaint, the complainant has failed to indicate the specific documents or type of document he wished to have included in his personal file. Nor has he made clear the reasons for his action. In the present state of the dossier, his complaint is an abuse of the right of appeal under the Statute of the Tribunal.

    Keywords:

    cause of action; complaint; elements; no cause of action; personal file; receivability of the complaint; vague claim; vexatious complaint;

    Considerations 7-8

    Extract:

    "Appeal will lie either against an express decision, described as an 'act adversely affecting' the official, or against rejection inferred from failure to answer a claim. In the latter case, where the decision is implied, the prerequisite is the lodging by the official of a formal appeal with the administration."

    Keywords:

    complaint; condition; decision; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; receivability of the complaint;



  • Judgment 886


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "Since the rights Mr. B. is relying on in his application [to intervene] were ruled on once and for all in Judgment 855, the res judicata rule bars him from raising the same issues again by other means and his application is therefore irreceivable."

    Reference(s)

    ILOAT Judgment(s): 855

    Keywords:

    intervention; receivability of the complaint; res judicata;



  • Judgment 882


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "Since the complainant failed to file his internal appeal in time his complaint is irreceivable. According to Article VII of the Statute a complaint is receivable only if the internal means of redress have been exhausted."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

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



  • Judgment 879


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 13-14

    Extract:

    "The res judicata rule applies to an intervener because by the very act of intervening he espouses the complainant's case. It is true that there are some arguments which he puts forward again and which those judgments did not address. But that does not mean that the conditions [...] for applying the res judicata rule are not met: between this case and the earlier ones there is identity in the parties, in the purpose of the suit and in the cause of action."

    Keywords:

    consequence; effect; intervention; receivability of the complaint; res judicata; same cause of action; same parties; same purpose;



  • Judgment 873


    63rd Session, 1987
    Intergovernmental Council of Copper Exporting Countries
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "What the complainant challenges is a final decision against which he had no internal means of redress within the meaning of Article VII[1] of the Statute of the Tribunal, and he respected the time limit in VII[2]. His complaint is therefore receivable."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE

    Keywords:

    decision; direct appeal to tribunal; internal appeal; internal remedies exhausted; no provision; receivability of the complaint;



  • Judgment 860


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    As to identity in the cause of action, Mr [A.] notes that the Tribunal had in part rejected the complainants' plea of breach of good faith on the grounds that they had taken up duty after the new criteria had taken effect. Mr [A.] contends that this reasoning does not apply to him insofar as he had taken up duty before the change in rules. The Tribunal acknowledges that there is on this point a new cause of action; however it holds on the merits that a staff member has no right, save in exceptional cases, to demand that the rules on promotion in force at the time of appointment should never be modified.

    Reference(s)

    ILOAT Judgment(s): 657

    Keywords:

    acquired right; amendment to the rules; application for review; appointment; date; effective date; general principle; good faith; practice; promotion; provision; receivability of the complaint; res judicata; same cause of action; terms of appointment;



  • Judgment 859


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "The application is irreceivable because the applicant is seeking, without offering a shred of new evidence, to challenge a decision the Tribunal handed down after letting him have his full say in written proceedings."

    Reference(s)

    ILOAT Judgment(s): 785

    Keywords:

    application for review; receivability of the complaint;



  • Judgment 858


    63rd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    The complainant "decided that it was not necessary to appeal in accordance with the rules and get a final decision. His arguments justifying his inaction are not well founded. His decision not to pursue an appeal was made deliberately and on legal advice, and he was not misled by the organization: the appropriate rules were supplied to him. His explanation is without merit and unacceptable."

    Keywords:

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

    Summary

    Extract:

    The complainant was informed on 9 March 1984 of the decision not to extend his sick leave, confirming the date on which he was to be separated. The complainant lodged a protest by letter on 25 July 1984. Although that letter was not in the usual form of an appeal, the organization agreed to treat it as one. The organization's well-meaning offer was expressly turned down by the complainant. His refusal brought an end to contacts between the parties and the complainant never obtained a final decision from the Director-General.

    Keywords:

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



  • Judgment 852


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Faced with the administration's failure to take action on the basis of the Appeals Committee's report, the complainant filed a complaint within the three-month time limit set by Article VII of the Statute of the Tribunal. The final decision was later taken, after the expiry of the time limits in the Service Regulations. It follows that the organisation's objections to receivability must be dismissed. The proceedings shall resume on the merits.

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    case pending; case sent back to organisation; decision; failure to answer claim; further submissions on the merits; late decision; procedure before the tribunal; receivability of the complaint; refusal; reply confined to receivability; tribunal;



  • Judgment 847


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant claims that Circular 144 on the reckoning of seniority for promotion should be withdrawn. The claim is irreceivable inasmuch as "the complainant is not challenging an individual decision but objecting to certain general rules in the Circular. As the Tribunal has held before - for example in Judgment 625 [...] - a complaint impugning a general decision against which no direct internal appeal will lie is irreceivable until individual decisions are taken on the strength of the general decision."

    Reference(s)

    ILOAT Judgment(s): 625

    Keywords:

    administrative instruction; application for quashing; competence of tribunal; general decision; individual decision; receivability of the complaint;

    Consideration 7

    Extract:

    What the complainant "is really challenging is the reckoning of his seniority for promotion as originally determined. He could of course at one time have challenged it but [...] it is now too late."

    Keywords:

    internal remedies exhausted; professional experience; receivability of the complaint; reckoning; seniority;



  • Judgment 846


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The complainant's claim to damages amounting to [...] is irreceivable. He could have made it in his internal appeal but failed to do so. Before coming to the Tribunal, he should have exhausted all the internal means of redress."

    Keywords:

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



  • Judgment 840


    63rd Session, 1987
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Under Article R VI 1.03 of the Staff Regulations of the ESO appeals must be addressed to the Director General [...] Here the complainant contends that the notice of appeal contained in a telex message dated 20 March 1986 addressed to the ESO's legal adviser [who is not an ESO staff member] was a valid notice of appeal against a decision notified to the complainant on 21 February 1986. The argument fails because the language of the rules makes it clear beyond doubt that any appeal against a decision taken on behalf of the ESO must be addressed to the organisation, which alone is competent to judge the matter."

    Reference(s)

    Organization rules reference: ARTICLE R VI 1.03 OF THE ESO STAFF REGULATIONS

    Keywords:

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



  • Judgment 838


    62nd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainants object to the FAO's adoption of a new scale to determine pensionable remuneration whose effect was to lower their pension entitlements. They submit that the application of certain provisions in the Staff Regulations and Staff Rules is in breach of their acquired rights and the rule against retroactivity. "Their complaints will [...] be receivable only if the application of those Regulations and Rules [causes] them injury. The Tribunal concludes from the material rules that it does not."

    Keywords:

    cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;

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Last updated: 28.10.2020 ^ top