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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: 682

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  • Judgment 647


    55th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Even if the letter [...] had been written without authority, the decision therein would not cease to exist on that account. [...] Provided a communication takes the form of a decision its lawfulness is immaterial to the reckoning of the time limit for lodging an appeal. To hold otherwise would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of a time limit."

    Keywords:

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



  • Judgment 637


    54th Session, 1984
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "A claim will not be receivable unless couched in [sufficiently precise] terms". The Tribunal is being asked to order an amendment of the Staff Regulations to prescribe special safeguards for the disabled such as their 'social resettlement" and protection against dismissal. The wording is vague, and the Tribunal cannot issue any order of that kind to the [organisation]. The claim is therefore irreceivable [...] Besides it is clearly devoid of merit."

    Keywords:

    receivability of the complaint; vague claim;



  • Judgment 634


    54th Session, 1984
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The internal appeal lodged by the complainant was time-barred. Thus, "he has failed to comply with the provisions of Article VII of the Statute of the Administrative Tribunal, which require that he shall have exhausted such other means of resisting the impugned decision as were open to him under the applicable Staff Regulations."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

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



  • Judgment 630


    54th Session, 1984
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The complainant argues that the unfair treatment lies in her being kept idle for so long. Accordingly the time limit for filing an appeal did not begin on the date on which her supervisor decided, while keeping her on her post, to give her no more work: the injury occurred only with the passage of time. Thus, although it was only after being kept idle for a considerable lapse of time that the complainant appealed to the Director-General, and then to the Tribunal, for compensation for the injury she alleged, her claims are not time-barred and her complaint is receivable."

    Keywords:

    compensation; complaint; complaint allowed; complaint allowed in part; date; executive head; iloat; injury; internal appeal; period; post; receivability of the complaint; refusal to assign work; request by a party; start of time limit; supervisor; time bar;



  • Judgment 626


    54th Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Decisions which may be challenged before the Tribunal do not have to be individual in nature. That they may also be general is plain from Article VII, paragraph 2, of the Statute of the Tribunal [...] but a complaint against a general decision will not perforce on that account be receivable. There is also the rule in Article VII(1) of the Statute that the internal means of redress must have been exhausted."

    Reference(s)

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

    Keywords:

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

    Consideration 2

    Extract:

    Vide Judgment 624, consideration 4.

    Reference(s)

    ILOAT Judgment(s): 624

    Keywords:

    general decision; individual decision; receivability of the complaint;



  • Judgment 625


    54th Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    Vide Judgment 624, consideration 4.

    Reference(s)

    ILOAT Judgment(s): 624

    Keywords:

    general decision; individual decision; receivability of the complaint;

    Consideration 2

    Extract:

    Vide Judgment 626, consideration 2.

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
    ILOAT Judgment(s): 626

    Keywords:

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



  • Judgment 624


    54th Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The decision impugned puts no exact figure on the entitlements of each staff member concerned. That may be done only when individual decisions are taken, ordinarily by the President [...] on the strength of the general decision. [Under the circumstances], the complainants may not now challenge the validity of the general decision. Before filing a complaint each must await a new individual decision."

    Keywords:

    general decision; individual decision; receivability of the complaint;

    Consideration 4

    Extract:

    Vide Judgment 626, consideration 2.

    Reference(s)

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

    Keywords:

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



  • Judgment 615


    53rd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The complainants observe that they were Chairman and Vice-chairman of the staff union and in their brief they claim as such an award of damages. The [organisation] retorts that insofar as they are appealing as such their complaints are irreceivable [...] the Tribunal will not rule on the plea. What the complainants seek is repayment of the sums they believe were unlawfully deducted from their salary as staff members, and they are therefore acting in their own name."

    Keywords:

    deduction; locus standi; receivability of the complaint; salary; staff representative; staff union;



  • Judgment 612


    53rd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant's submission of an internal appeal was time-barred; for not having correctly followed the internal procedure, her complaint is irreceivable. The discovery of an allegedly unlawful decision does not affect the time limit for internal appeal. The only exception is where the organisation has misled the complainant in breach of good faith.

    Keywords:

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



  • Judgment 607


    52nd Session, 1984
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The organisation contends that the complainant, who knew that his contract had expired, had no reason to expect to be notified of its non-renewal. He should therefore have challenged the decision not to renew, which was implicit in the expiry of his appointment, in time. "To allow [the organisation's] plea would enable its competent officers to resolve to deal with such questions only if they thought fit. That would make for an increase in the number of claims dealt with ex gratia on the grounds that they had not been lodged on expiry of the appointment, and so administration would become arbitrary."

    Keywords:

    contract; fixed-term; internal appeal; non-renewal of contract; receivability of the complaint; start of time limit; time bar; time limit;

    Consideration 5

    Extract:

    On questions of principle, the Tribunal holds that "a staff member whose fixed-term appointment has expired may not be declared out of time so long as his former employer has not informed him of the non-renewal. Normally, the non-renewal will be an explicit decision. Only where a staff member has expressly applied for renewal will rejection of his application be implied on the expiry of the time limits set".

    Keywords:

    condition; contract; express decision; fixed-term; non-renewal of contract; receivability of the complaint; start of time limit; time bar; time limit;



  • Judgment 603


    52nd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Article VII(1) says that a complaint shall not be receivable unless the means of redress provided under the Staff Regulations have been exhausted. It is not enough just to make an internal appeal; it must be submitted in time. And there the complainant failed [...] to abide by the [...] time-limit. Since she did not follow the internal procedure correctly her complaint is irreceivable."

    Reference(s)

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

    Keywords:

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



  • Judgment 602


    52nd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 603, consideration 3.

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
    ILOAT Judgment(s): 603

    Keywords:

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



  • Judgment 601


    52nd Session, 1984
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant was employed by the organization for eight years in a project. His appointment was due to expire on 31 July 1981. On 4 June the organization confirmed his termination. The position was not filled again. About a year later, the complainant consulted a lawyer with the result that on 9 June 1982 he filed a claim for an indemnity due to the fact that his position was abolished. A claim of this form cannot possibly succeed.

    Keywords:

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



  • Judgment 597


    52nd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The internal appeal makes no mention of the problem referred to in the claim in question. "The Appeals Committee did not rule on the point, which was not before it. The plea of irreceivability succeeds under Article VII(1) of the Statute of the Tribunal".

    Reference(s)

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

    Keywords:

    complaint; new claim; receivability of the complaint;



  • Judgment 595


    51st Session, 1983
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant did not plead breach of the Staff Rule in question during the internal appeal, but that does not prevent him from doing so for the first time before the Tribunal. His plea of breach of the rule "falls within the scope of his claims, which remain the same. The question therefore arises whether the plea is sound."

    Keywords:

    breach; new plea; provision; receivability of the complaint; staff regulations and rules;



  • Judgment 592


    51st Session, 1983
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The organisation argues that by accepting the final extension of his appointment, the complainant waived his right to appeal and the complaint is irreceivable because it is in breach of the principles of good faith and estoppel. The Tribunal holds that waiver of a right to bring action may not be presumed; waiver is binding only if it is express or clearly implied on the facts. Mere acceptance of a decision giving him partial satisfaction does not necessarily denote waiver of the claims which had not yet been met.

    Keywords:

    acceptance; condition; contract; estoppel; extension of contract; good faith; receivability of the complaint; waiver of right of appeal;



  • Judgment 588


    51st Session, 1983
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Because the rule that the internal means of redress must be exhausted, the complainant incurs the risk of a time bar if no definite time limits are set for filing the internal appeal. But where a complainant, in strict observance of the time limits, has done his utmost to secure a decision and the appeals body has nevertheless failed to report, it is only just to allow an exception to the rule."

    Keywords:

    exception; failure to answer claim; internal remedies exhausted; receivability of the complaint;



  • Judgment 587


    51st Session, 1983
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "It is quite plain that the proper procedure was not followed. The Director-General's failure to reply within a month of receiving the protest implied rejection of it, but instead of appealing to the Board the complainant, directly and without the Director-General's agreement, appealed to the Tribunal. [...] This obvious disregard of his obligation to exhaust the internal means of redress provided in the Statutes [...] makes the complaint irreceivable by virtue of Article VII of the Tribunal's Statute."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

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



  • Judgment 586


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2, 3 and 4

    Extract:

    "The question is [...] whether the claim which was rejected [...] had not only the same purpose - reinstatement - but also the same legal basis as the one rejected by the impugned decision". The examination "leaves no doubt that the impugned decision, though not in the same terms [...] had the same meaning and purport: it merely confirmed" the organisation's view. "It is therefore plain that the impugned decision was no more than confirmation and gave rise to no new time limit."

    Keywords:

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



  • Judgment 575


    51st Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "According to Article VII[1] of the Statute of the Tribunal a complaint will not be receivable unless the means of redress provided by the Staff Regulations have been exhausted. To fulfil this condition it is not sufficient to address an appeal to the internal appeal bodies; the internal appeal must be submitted in time." In this case, the prescribed time limit was not respected. "Accordingly, the internal appeals procedure was not correctly followed, and the [...] complaint is irreceivable."

    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;

    Consideration 2

    Extract:

    "No doubt the complainant did not notice until March 1982 the inequality of treatment which she pleads. But according to [...] the Service Regulations the [three-month] time limit for filing the appeal in this case began at the date on which the impugned decision was notified to her [July 1981], not at the later date on which she became aware of the alleged inequality."

    Keywords:

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

    Summary

    Extract:

    The complaint is declared irreceivable, the internal means of redress not having been exhausted. The appeal was submitted to the President after the time-limit laid down in the Regulations had run out. It is immaterial that the Appeals Committee considered the complainant's case on the merits; its opinion does not prevent the Tribunal from observing that the time limit was not respected.

    Reference(s)

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

    Keywords:

    internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint; time bar;

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Last updated: 07.08.2020 ^ top