ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword

Receivability of the complaint (76, 77, 78, 88, 89, 656, 743, 94, 95, 96, 97, 98, 99, 734, 748, 749,-666)

You searched for:
Keywords: Receivability of the complaint
Total judgments found: 687

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 | next >



  • Judgment 430


    45th Session, 1980
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4-5

    Extract:

    The complaint was time-barred and thus irreceivable. The complainant's letter requesting an explanation for the non-confirmation of his appointment cannot be regarded as an application for further consideration on which the organisation should have acted. Consequently, the letter did not have the effect of setting a new time limit for filing a complaint with the Tribunal.

    Keywords:

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



  • Judgment 429


    45th Session, 1980
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The requirement that the internal means of redress should have been exhausted means that a complaint will be irreceivable if its scope is wider than that of the claims which were submitted to the internal appeal bodies. There is no need, however, for the pleas submitted to the Tribunal to have been put to those bodies. A complainant does not, merely by developing the case he put to the internal bodies, alter the scope of review by the Tribunal, which will apply the law proprio motu. The scope of review will alter only if the complainant submits new claims to the Tribunal."

    Keywords:

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



  • Judgment 423


    45th Session, 1980
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    When a staff member seeks further information and explanations on a decision which the organisation has notified to him, there is reason to believe that his own opinion differs from the organisation's. But merely to state that there is absence of agreement will not suffice to constitute a complaint. The internal means of appeal, which require that a complaint is submitted to the competent authority, were not exhausted when the complaint was filed; the complaint is dismissed.

    Keywords:

    condition; internal appeal; internal remedies exhausted; receivability of the complaint;



  • Judgment 421


    45th Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Facts (D)

    Extract:

    "the [organisation] observes that the complainant filed his complaint before the 60 days specified in article vii, paragraph 3, of the statute of the tribunal had expired. since, however, the 60 days have now elapsed and he has not yet had a decision taken on his claim, the [organisation] will not contest the receivability of his complaint."

    Reference(s)

    ILOAT reference: ARTICLE VII PARAGRAPH 3 OF THE ILOAT STATUTE

    Keywords:

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



  • Judgment 417


    44th Session, 1980
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    There was already a claim for compensation before the internal appeals body and there was no need to make a fresh one. The appeals body "had, without going into the merits, held the claim for compensation to be irreceivable. In Judgment no. 364 the Tribunal ruled that it was receivable. Accordingly, all that was necessary was for the [body in question] to resume the hearing and make a recommendation on the merits."

    Reference(s)

    ILOAT Judgment(s): 364

    Keywords:

    case sent back to organisation; further submissions on the merits; internal appeals body; judgment of the tribunal; receivability of the complaint;



  • 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 2-3

    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;



  • 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;

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 | next >


 
Last updated: 28.10.2020 ^ top