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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 413


    44th Session, 1980
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    On 29 November 1978 the Director-General informed the complainant of his intention to renew his contract for one year, but that it could not be renewed for any longer. On 28 February 1979 the complainant asked on what grounds he had been dismissed. On 15 March the Director-General, in drawing a distinction between the expiry of a fixed-term contract and dismissal, declined to give the explanation asked for. "Thus [he] merely upheld the decision taken on 29 November [...] and so set no new time limit for filing a complaint." The complaint, dated 20 May 1979, is time-barred.

    Keywords:

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



  • Judgment 408


    44th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    A complainant may appeal directly to the Tribunal "provided the appeals body cannot or will not give a decision within a reasonable period. That it cannot or will not do so must, however, be quite clear from the circumstances. Only by way of exception will the Tribunal allow that the condition is met."

    Keywords:

    direct appeal to tribunal; exception; failure to answer claim; internal appeals body; reasonable time; receivability of the complaint;

    Consideration 1

    Extract:

    "According to Article VII, paragraph 1, of the Statute of the Tribunal a complaint shall be receivable only if the internal means of redress provided in the Staff Regulations have been exhausted. That rule requires the complainant not just to appeal to an internal body but to await the decision on his appeal before filing a complaint."

    Reference(s)

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

    Keywords:

    condition; iloat statute; internal remedies exhausted; receivability of the complaint;



  • Judgment 404


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    In her complaint the complainant states that she asked for a certificate of service; she speaks of this document in her rejoinder and makes a claim in regard to it. She also refers to it in her additional memorandum. However, the certificate is not mentioned in any of the claims for relief in her three (joined) complaints. "It is only on the matter of those claims that the Tribunal is required to pass judgment and it will therefore not give any decision on the text of the certificate asked for."

    Keywords:

    new claim; receivability of the complaint; rejoinder;



  • Judgment 398


    43rd Session, 1980
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2 and 3

    Extract:

    The Staff Regulations provide for two means of redress: requests and complaints. The "request" in question showed the characteristics of a complaint. The prescribed time limit having obviously expired, the Director declared the complainant's application time-barred. When she filed a further complaint, it was proper for him to uphold his earlier decision.

    Keywords:

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



  • Judgment 397


    43rd Session, 1980
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The organisation maintains that the complaint is irreceivable because the Internal Board ought not to have heard the appeal and the means of redress open to the complainant were not duly exhausted. "Although the Appeal Board did not comply strictly with the letter of the rules of procedure, it did, as it states, respect their spirit. [...] The Appeal Board must be allowed some discretion in construing the internal rules of procedure and therefore cannot be taken to task for breach of those rules."

    Keywords:

    internal appeal; internal appeals body; internal remedies exhausted; mistaken hearing of merits; procedure before the tribunal; receivability of the complaint;



  • Judgment 391


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The organisation imposed four unpaid days of leave on the staff. It "doubts whether there is any substance to the complaints and hence whether they are receivable. It argues that if the complainants take the cash equivalent of the compulsory leave, all they will have done is make a 'loan' [...] 'bearing a high rate of interest' at that. But that is just a hypothesis and does not mean that there is no substance to the claims for relief."

    Keywords:

    cause of action; compensatory measure; leave; receivability of the complaint; reduction of salary; salary;



  • Judgment 375


    42nd Session, 1979
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The test of receivability is applied to decisions, not to issues. If an appeal against a decision is receivable, the appellant must be allowed to raise any issue that is relevant to the decision unless that issue has actually been decided and so becomes res judicata."

    Keywords:

    decision; receivability of the complaint;



  • Judgment 370


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "In the present instance [...] it was so obvious that no internal appeal would lie that the intermediary can hardly be blamed for not letting the appeals body itself declare the appeal irreceivable. In any case it would be unduly formalistic to quash the impugned decision because of a flaw which had no effect whatever on the proceedings or on the outcome of the case."

    Keywords:

    flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; receivability of the complaint;



  • Judgment 369


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "[T]he purpose of the complaint is not to have an international agreement revoked but to secure privileges and, subsidiarily, the payment of financial advantages. It is quite clearly brought against the EPO itself, and not any particular State. It cannot therefore be treated as irreceivable on the grounds that the EPO is not the true defendant."

    Keywords:

    complaint; international instrument; receivability of the complaint;



  • Judgment 368


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "What the complainants are really seeking is not the revocation of an international agreement but payment of financial benefits by [the organisation]. They have acted correctly in filing their complaints against the [organisation] itself, not against any one state. Hence the plea that the complaints are irreceivable because the [organisation] is not the true defendant must fail."

    Keywords:

    complaint; international instrument; receivability of the complaint;



  • Judgment 366


    41st Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Many [...] officials [of the organisation] have filed applications to intervene. They are entitled to join in the present proceedings as interveners insofar as their factual and legal position is identical or at least similar to that of the complainants."

    Keywords:

    condition; intervention; receivability of the complaint;



  • Judgment 365


    41st Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Vide Judgment 366, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 366

    Keywords:

    condition; intervention; receivability of the complaint;



  • Judgment 364


    41st Session, 1978
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    Under Article VII, paragraph 1, of the Statute of the Tribunal, "a complaint shall not be receivable unless the person concerned has exhausted such other means of resisting it as are open to him in the applicable staff regulations. This means that where, as here, the Staff Regulations provide for an appeal committee, the person concerned must bring his complaint before that body within the time limits allowed by the regulation. Thus the question for the tribunal is whether the Appeals Board was right in rejecting the complaint on the ground that it was not brought before it in due time."

    Reference(s)

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

    Keywords:

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



  • Judgment 360


    41st Session, 1978
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The purpose of the claims for relief and the claims submitted in the internal appeal are the same. "[T]he sets of claims differ only in respect of the arguments put forward in their favour. The principle whereby the claims submitted to the Tribunal and the claims in the internal appeal must be the same applies only to the substance. In the present case the principle has been respected."

    Keywords:

    claim; complaint; internal appeal; new claim; purpose; receivability of the complaint; same;



  • Judgment 356


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Under the Staff Regulations the complainant had the right to appeal against the Regional Director's decision to a board [...] of appeal, which he did not exercise." He has therefore not exhausted the means of resisting the decision as were open to him. "The complainant does not provide any answer to this objection and it is clear that no proceedings were taken before the board. The complaint is therefore irreceivable."

    Keywords:

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



  • Judgment 350


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Neither the Statute nor the Rules of court permit an application for review of a judgment of the Administrative Tribunal. The Tribunal may therefore declare such an application receivable only in quite exceptional circumstances, for example when new facts of decisive importance have come to light since the date of the judgment."

    Reference(s)

    ILOAT Judgment(s): 325

    Keywords:

    application for review; exception; new fact on which the party was unable to rely in the original proceedings; receivability of the complaint;



  • Judgment 349


    40th Session, 1978
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 31

    Extract:

    "Under [the applicable provision] the complainant should have made his claim within six months from the date the injury originated or at latest within six months of the date when its serious consequences became manifest, and this he has failed to do. It is not enough to report the occurrence, as the complainant claims he did to a direct superior or to the organisation's male nurse or medical doctor; there must be a claim for compensation."

    Keywords:

    invalidity; professional accident; receivability of the complaint; service-incurred; time bar; time limit;



  • Judgment 347


    40th Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant was promoted but granted no seniority at his new step. He failed to impugn that decision in time. Claiming that he had been less fairly treated than officials promoted in the meantime, the complainant submitted a further request to the Director-General, which was dismissed. Although the effect of that decision is the same as that of the first decision, it is an answer to the claim made by the complainant. "Since it is not merely confirmatory, it may be impugned before the Tribunal."

    Keywords:

    confirmatory decision; internal appeal; promotion; receivability of the complaint; seniority; time bar;



  • Judgment 339


    40th Session, 1978
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant addressed himself to the Director of Personnel who informed him that no procedure existed for an appeal by a person not belonging to the staff of the organization. The complainant subsequently brought the matter to the attention of the Director-General who said that the organization considered his appeal to be irreceivable because he was not a staff member. The complainant concluded that this was a final decision and that he had exhausted his means of appeal. He informed the organization that he intended to file a complaint with the Tribunal. The organization did not reply. The organization thus led the complainant to believe that an appeal would be pointless and the organization cannot now be heard to object that it was not made.

    Keywords:

    contract; direct appeal to tribunal; good faith; internal remedies exhausted; locus standi; offer; receivability of the complaint; status of complainant;



  • Judgment 338


    40th Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Assuming that the appeals filed by the complainant were receivable, the complainant "should in any event have appealed to the [appeals body] not later than thirty days after [the confirmation of the decision]. He did not appeal to the [appeals body] until [...] after the time limit had expired. The Director-General was therefore right to dismiss the appeal."

    Keywords:

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

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Last updated: 07.08.2020 ^ top