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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 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 2-4

    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;



  • Judgment 567


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

    Consideration 3

    Extract:

    The complainants committed an error of judgment in thinking that the Tribunal would allow their complaints and that there was therefore no purpose in continuing with the internal proceedings. But that error was "not the same thing as lack of consent such as will render the withdrawal null and void. The basis in law of relations between organisation and staff must be stable. The complainants are liable for the course of action and the decisions they take. [...] They must be held responsible for their own actions and bear the consequences."

    Keywords:

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

    Consideration 3

    Extract:

    "A judicial decision relates only to the dispute as it is when the decision is given: it cannot rule on a case of which the circumstances are unknown at the time." [The Tribunal had dismissed an earlier complaint for the complainants' failure to exhaust internal means of appeal.] In his final decision, the President noted that the complainants had withdrawn their internal appeal. Their new complaint, coming after that decision, is irreceivable.

    Keywords:

    internal appeal; judgment of the tribunal; receivability of the complaint; waiver of right of appeal;



  • Judgment 565


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

    Consideration 4

    Extract:

    "A claim made in a rejoinder will be receivable only if it comes within the scope of a claim made in the complaint." A new claim which comes within the scope of a previous one may be treated as a valid alteration thereof. A new claim which states an older claim in different terms cannot stand as an independent claim and may not be considered. A new claim which repeats earlier claims or falls outside their scope is irreceivable.

    Keywords:

    new claim; receivability of the complaint; rejoinder;

    Consideration 5(A)

    Extract:

    According to the Staff Regulations, decisions taken by the Director-General himself are not subject to the complaint procedure. "The performance report referred to in [the complainant's claim] was approved by the Director-General and so he accepted responsibility for it. The complainant was therefore entitled to take the view that he need not address a complaint to the Director-General before submitting [his claim] to the Tribunal. [...] Article VII(1) of the Statute constitutes no bar to a complainant who [...] rightly concluded that he was not required to follow one of the internal appeal procedures."

    Reference(s)

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

    Keywords:

    decision; direct appeal to tribunal; exception; executive head; internal appeal; internal remedies exhausted; performance report; receivability of the complaint;

    Consideration 5(C)

    Extract:

    "The obligations which the complainant seeks to lay on the organisation in [the] claim [...] are in part stipulated in the Staff Regulations and are stated in such general terms that performance would not be enforceable. Insofar as it is not invalid, the claim is too imprecise and therefore irreceivable."

    Keywords:

    receivability of the complaint; vague claim;

    Consideration 5(D)

    Extract:

    "According to the Tribunal's case law claims to compensation are receivable if linked with a claim for breach of a contract of appointment or of the Staff Regulations."

    Keywords:

    claim; condition; damages; receivability of the complaint;



  • Judgment 564


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

    Consideration 2

    Extract:

    The complainant asks the Tribunal to declare null and void the result of the competition and to award him compensation for material and moral prejudice [for having been eliminated from the competition]. These claims "come within the Tribunal's competence as defined in Article II of its Statute and are therefore receivable."

    Reference(s)

    ILOAT reference: ARTICLE II OF THE STATUTE

    Keywords:

    application for quashing; competence of tribunal; competition; injury; receivability of the complaint;

    Consideration 2

    Extract:

    The complainant asks the Tribunal to order the organisation to stop all discriminatory practices against him and give him full justice in the matter of career advancement. What this claim "entails is that the Tribunal order the [organisation] to perform obligations set out in the Staff Regulations but stated in such general terms that their performance is unenforceable. The claim is therefore too imprecise to be valid and is irreceivable, and the Tribunal will not consider the pleas in support of it."

    Keywords:

    receivability of the complaint; vague claim;



  • Judgment 559


    50th Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant, whose application for a post as an expert was turned down, is not alleging any breach of the provisions of the Staff Regulations or Staff Rules or of any of the terms of appointment. The Tribunal is not competent to hear his claims. "Since lack of competence may be assimilated to irreceivability, the complaint must be summarily dismissed in accordance with Article 8[3] of the Rules of court."

    Reference(s)

    ILOAT reference: ARTICLE 8, PARAGRAPH 3, OF THE RULES

    Keywords:

    competence of tribunal; receivability of the complaint; summary procedure;



  • Judgment 557


    50th Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3(D) and 4(D)

    Extract:

    The complainant is seeking an end to the harassment which he has suffered since filing his first complaint. "This claim is irreceivable since the complainant is seeking neither a 'measure of investigation' within the meaning of Article 11 of the Rules of court nor a measure 'intended to establish the existence of facts' within the meaning of Article 19."

    Reference(s)

    ILOAT reference: ARTICLES 11 AND 19 OF THE RULES

    Keywords:

    order; receivability of the complaint; request by a party;



  • Judgment 550


    50th Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant is seeking damages "for distress, moral injury and harm to her reputation, which she says were caused by the administration's actions during the proceedings before the [Appeals] Board and the Tribunal. There is no allusion to such a claim in the Board's report or in any of the other items of evidence [...] The Tribunal therefore cannot tell with certainty whether the internal means of redress have been exhausted. But [...] even if receivable, the claim is devoid of merit."

    Keywords:

    moral injury; new claim; professional injury; receivability of the complaint;

    Consideration 3

    Extract:

    The internal appeal was declared irreceivable. "But a decision declaring an appeal irreceivable is just as open to challenge as a decision on the merits. And the receivability of this complaint does not turn on that of the internal appeal, and on such questions as whether the latter was submitted in time or duly brought within the scope of Staff Rules [...] The point must be settled solely by reference to the Tribunal's own Statute."

    Keywords:

    competence of tribunal; complaint; enforcement; iloat statute; internal appeal; receivability of the complaint;

    Consideration 4

    Extract:

    Judgment No 450 "did not dispose of the question of the repayment of the medical expenses the [organisation] had agreed to bear, and [the judgment] does not have the authority of res judicata on this matter. In fact both the [Appeals] Board and the Director were required to take the matter up. The Director's refusal to consider the claim to repayment of medical expenses therefore suffers from a mistake of law and on this point the impugned decision must be set aside."

    Reference(s)

    ILOAT Judgment(s): 450

    Keywords:

    flaw; health insurance; internal appeal; medical expenses; receivability of the complaint; res judicata;

    Consideration 3

    Extract:

    "On 7 May 1981 the chief of personnel gave a final decision on the claims[*] submitted by that date, but not on any which might be submitted later. The complainant did later make further claims but did not seek a final decision on them."
    [*] concerning reimbursement of medical expenses

    Keywords:

    date; health insurance; internal remedies exhausted; medical expenses; receivability of the complaint; request by a party;



  • Judgment 548


    50th Session, 1983
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The time limit for submitting an internal appeal had long since expired when the complainant appealed to the Appeals Board. "The acceptance of his resignation had by then become final and was no longer open to challenge. His involvement in a serious accident [...] did not have the effect of suspending the time limit. The Director therefore correctly applied the rules in dismissing the appeal which the complainant addressed to him against the decision [to reject the internal appeal as being time-barred and therefore irreceivable]."

    Keywords:

    exception; internal appeal; new time limit; professional accident; receivability of the complaint; time bar; time limit;



  • Judgment 544


    50th Session, 1983
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    An article of the Staff Rules "provides that there shall be no internal appeal against any decision not to renew a contract. There may therefore be a direct appeal to the Tribunal against such a decision, without any breach of the Statute, and whether the internal means of redress were exhausted is not a material issue in this case."

    Keywords:

    contract; direct appeal to tribunal; exception; fixed-term; internal remedies exhausted; non-renewal of contract; receivability of the complaint;

    Consideration 2

    Extract:

    The decision not to renew the complainant's appointment was notified to him more than ninety days before the date on which he filed the complaint. "However [...] he made a request [...] for the institution of disciplinary proceedings to dispel the suspicion which he believed he was under; and [...] he [subsequently] appealed to the Director-General against the failure to convince the Disciplinary Board. His ultimate purpose [...] was to have the decision of non-renewal set aside; in other words to challenge it." It would be unduly formalistic to make the time limit run from the date of the decision not to renew his appointment was notified.

    Keywords:

    complaint; date of notification; decision; disciplinary procedure; internal appeal; non-renewal of contract; receivability of the complaint; request by a party; start of time limit;



  • Judgment 536


    49th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant applied for interpretation of Judgments 404 and 422. "The judgments being clear and unambiguous, the application is dismissed."

    Reference(s)

    ILOAT Judgment(s): 404, 442

    Keywords:

    application for interpretation; condition; receivability of the complaint;



  • Judgment 532


    49th Session, 1982
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The declaration of recognition mentioned in Article II, paragraph 5, of the Statute of the Tribunal "recognises not only the Tribunal's competence but also the applicability of its Rules of court. An organisation which makes such a declaration accepts the provisions of the Statute and the Rules of court, and any provisions in its own rule book on the receivability of complaints filed with the Tribunal are of no effect, whether they comply with the Tribunal's rules or not."

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE

    Keywords:

    consequence; declaration of recognition; difference; enforcement; iloat statute; precedence of rules; procedure before the tribunal; receivability of the complaint; staff regulations and rules; time limit;



  • Judgment 528


    49th Session, 1982
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Although the complainant took over eleven years to file a claim, it will not be declared time-barred in the absence of an express time limit. The time bar extinguishes obligations, and its existence will not be presumed: it must be expressly prescribed. [...] The sole consequence of the delay in lodging the claim is that proof is more difficult; but the matter is one of fact, not of law."

    Keywords:

    complaint; illness; invalidity; no provision; receivability of the complaint; service-incurred; time bar; time limit;



  • Judgment 522


    49th Session, 1982
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    For having failed to indicate before the Appeals Board that the internal appeal against a decision dating from 11 December 1980 was out of time [the organization had argued on the basis of a letter of 22 November 1978 which cannot, according to the Tribunal, be regarded as a decision], the organization cannot to any useful purpose put the argument before the Tribunal. The argument is neither clear nor binding. It is unclear why the organization did not take the point during the internal appeal. In failing to do so, it may have prejudiced the complainant's position.

    Keywords:

    internal appeal; new plea; organisation; receivability of the complaint; reply; time bar;

    Consideration 18

    Extract:

    "While it is generally to be expected that an organisation will lay its whole case on the merits before the Appeals Board so as to enable that body to give the best an most complete advice to the Director-General, its omission to take a particular point will not as a general rule prevent the consideration of that point by the Tribunal. This is because it is the duty of the Tribunal to arrive insofar as it can at a just decision on all the merits."

    Keywords:

    new plea; organisation; receivability of the complaint; reply;



  • Judgment 518


    49th Session, 1982
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "That an intervener in a case before the Tribunal may have already filed an internal appeal and had it rejected, and that he has not himself filed a complaint with a tribunal, does not prevent him from applying to intervene in such a complaint provided he complies with the requirements of Article 17 of the Rules of court and Article II of the Statute and provided the judgment to be given by the Tribunal may affect his rights."

    Reference(s)

    ILOAT reference: ARTICLE II OF THE STATUTE;
    ARTICLE 17 OF THE RULES


    Keywords:

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



  • Judgment 517


    49th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The decision impugned was notified to the complainant on 25 May, and the ninety days accordingly expired on 23 August. Since 23 August was a sunday, the complaint, which was not filed until 24 August, is receivable.

    Keywords:

    complaint; consequence; date of notification; decision; public holiday; receivability of the complaint; time limit;



  • Judgment 516


    49th Session, 1982
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    After the lodging of an internal appeal - the complainant sought a further short-term appointment - an extension was granted from 1 April to 31 May. A further extension was granted retroactively on 3 November from 31 May to 31 July. "None of this means [...] that the appeal was allowed or that the [...] complaint is therefore without substance. The two short extensions were granted for compassionate reasons, and they were not tantamount either to acceptance of the appeal or to an offer of any further short-term appointment. Accordingly the complainant still has a cause of action and the Tribunal will hear his claims for relief."

    Keywords:

    cause of action; contract; extension of contract; fixed-term; internal appeal; non-renewal of contract; receivability of the complaint; short-term;

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Last updated: 26.10.2020 ^ top