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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 272


    36th Session, 1976
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The request which the complainant addressed to the organization was never either accepted or rejected. She then filed a complaint with the Tribunal and "based it on the silence of the organization and on Article VII, paragraph 3, of the Tribunal's Statute. The organization does not dispute that the complaint falls within Article VII and accordingly, so far as that article is concerned, the complaint is receivable."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE

    Keywords:

    complaint; direct appeal to tribunal; failure to answer claim; implied decision; receivability of the complaint;



  • Judgment 270


    36th Session, 1976
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "According to Article VII, paragraph 1, of the Statute of the Tribunal a complaint is receivable only if the complainant has exhausted all means of redress available to him under the staff regulations, i.e. the internal means of redress. Hence [...] staff members [of the defendant organisation] may lodge a complaint with the Tribunal only if within a period of three months they have submitted an appeal to the [competent] authority [...] as provided for [in the regulations]. Moreover, the complainant's claims for relief are receivable only if they fall within the scope of that appeal."

    Reference(s)

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

    Keywords:

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

    Consideration 3

    Extract:

    "In view of the explanations which it contains, and in particular the reference to a circular subsequent to the notification [contested by complainant], the reply [by the organisation] is not a mere confirmation of that notification. In fact it is a new decision which gave rise to a new time limit for appeal."

    Keywords:

    confirmatory decision; internal appeal; internal remedies exhausted; new time limit; receivability of the complaint; time limit;



  • Judgment 269


    36th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Being bound by the scope of the complainant's claims for relief the Tribunal is not required to consider the complainant's allegation of an attempt at bribery. If that allegation were proved the attempt at bribery would be subsequent to the abolition of post and merely a consequence thereof. Hence it cannot properly be relied upon to justify the quashing of the impugned decision and the complainant's reinstatement, the only claims for relief which she has made."

    Keywords:

    claim; competence of tribunal; complaint; limits; receivability of the complaint; subsequent fact;



  • Judgment 263


    35th Session, 1975
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Article VII, paragraph 3, of the Statute of the Tribunal prescribes the possibility of appealing to the Tribunal where the administration fails to take a decision upon a claim within sixty days from the notification of that claim. [A provision] of the Staff Regulations [...] lays down the same rule in a different form. It provides that if a claim addressed to the Director-General or the Administrative Council has not been decided upon within sixty days of the date of its notification or submission it is deemed to be dismissed."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE

    Keywords:

    direct appeal to tribunal; failure to answer claim; implied decision; receivability of the complaint;



  • Judgment 261


    35th Session, 1975
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The complaint does not relate to any non-observance by the organization of the complainant's terms of appointment and consequently this claim falls outside the Tribunal's jurisdiction. It is therefore unnecessary to consider whether or not it is time-barred."

    Keywords:

    breach; cause of action; claim; competence of tribunal; complaint; consequence; no cause of action; organisation; receivability of the complaint; terms of appointment; time bar;



  • Judgment 259


    35th Session, 1975
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The decision in question, which merely upheld an earlier decision, could "not give rise to new time limits for the lodging of an appeal by the complainant."

    Keywords:

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

    Considerations

    Extract:

    Under the applicable provision, the complainant had a period of six weeks in which to appeal against the decision which he regarded as detrimental. "No appeal having been lodged within that period, the decision had [...] become final [...] when the complainant asked for review of his case. The Secretary-General and subsequently the Appeal Board therefore acted lawfully in dismissing the request on that ground." No exceptional circumstances warranted a derogation from the prescribed time limits.

    Keywords:

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



  • Judgment 258


    35th Session, 1975
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complaint was filed "clearly after the expiry of the time limit set by Article VII, paragraph 2, of the Statute of the Tribunal. It is declared irreceivable in accordance with Article 8, paragraph 3, of the Rules of court, notwithstanding the absence of any reply by the organization on the merits."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE;
    ARTICLE 8, PARAGRAPH 3, OF THE RULES OF COURT


    Keywords:

    complaint; receivability of the complaint; summary procedure; time bar; time limit;



  • Judgment 256


    34th Session, 1975
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The contested act [the issue of an attestation to a third party] is a decision in the true sense of the term. "[T]here is no need for the impugned decision itself to pronounce on the validity of an earlier decision. Otherwise an appeals body could never be called upon to determine the lawfulness of any act other than a decision, and that would run counter to commonly held opinion. It is therefore immaterial in the present case whether or not the issue of an attestation may be regarded as a decision."

    Keywords:

    communication to third party; criteria; decision; definition; receivability of the complaint;

    Consideration 1

    Extract:

    The complainant attacks the issue of an attestation containing details of his recruitment and his private life to the lawyer of his former wife. The Tribunal rules that this is indeed a decision but in order for the claim to be receivable, the complainant "must [...] have an interest which is worth safeguarding. On that score there is no doubt."

    Keywords:

    cause of action; communication to third party; personal file; receivability of the complaint;

    Consideration 6

    Extract:

    The complainant invites the Tribunal to declare that a confidential file has been compiled relating to him; he seeks to be allowed to consult the file and have it destroyed. "These claims are receivable since the complainant has an interest in ensuring that all the documents concerning him should be put in his personal file, to which he has free access under [the applicable provision]. Also receivable are the claims [asking for] a list of the documents to which he is denied access, those claims being implicitly included in his original claims for relief."

    Keywords:

    application for quashing; cause of action; claim; complainant; confidential evidence; disclosure of evidence; personal file; receivability of the complaint; request by a party;



  • Judgment 255


    34th Session, 1975
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The letter from the chief of personnel "is not expressed as a decision but as a letter enclosing an appraisal report [...] The complainant however did not wish to disagree with the report; he wished to contend that it was not an appraisal report at all and to claim what he called a proper report. He was within his rights in taking this course by his letter [...] and since the Director-General has failed to act upon it paragraph 3 of Article VII applies."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE

    Keywords:

    direct appeal to tribunal; failure to answer claim; implied decision; omission; performance report; receivability of the complaint;

    Considerations

    Extract:

    On 23 January the complainant received an appraisal report. On 20 March he requested that a proper appraisal be made. The letter of 23 January "is not expressed as a decision but as a letter enclosing an appraisal report [...] The complainant [...] did not wish to disagree with the report; he wished to contend that it was not an appraisal report at all and to obtain what he called a proper report. He was within his rights in taking this course by his letter of 20 March; and since the Director-General has failed to act upon it paragraph 3 of Article VII applies."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE

    Keywords:

    exception; failure to answer claim; omission; performance report; receivability of the complaint;



  • Judgment 249


    34th Session, 1975
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant "did not appeal to the Tribunal against either decision within the statutory time limits. The decisions have therefore become final and are no longer open to appeal unless the Secretary-General exercises his power to reopen the case."

    Keywords:

    case reopened; decision; exception; internal remedies exhausted; receivability of the complaint; time bar; time limit;



  • Judgment 246


    33rd Session, 1974
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "[T]he complainant impugns an alleged decision by the Director-General, that is to say an administrative decision which may be referred to the Appeals Board. Since the complainant did not submit his claim to the Appeals Board it is irreceivable by virtue of Article VII, paragraph 1, of the Statute of the Tribunal, which stipulates that the internal means of redress shall first have been exhausted."

    Reference(s)

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

    Keywords:

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



  • Judgment 244


    33rd Session, 1974
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "[T]he complainant did not object to the terms of [his appointments, which gave him local status,] at any time before or during their period of validity. It was only after the appointments had expired that he maintained that Geneva could not lawfully be stated to be his home. It was therefore no longer open to him to contest the terms of appointment, which had become final."

    Keywords:

    contract; decision; local status; non-local status; receivability of the complaint; residence; terms of appointment; time bar;



  • Judgment 240


    33rd Session, 1974
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "A request for interpretation of a judgment by the Administrative Tribunal is receivable only if the operative part of the judgment gives rise to uncertainty or ambiguity about its meaning or purport."

    Reference(s)

    ILOAT Judgment(s): 211

    Keywords:

    application for interpretation; condition; receivability of the complaint;



  • Judgment 238


    33rd Session, 1974
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The impugned decisions relate to two different competitions and are contested on different grounds, although "each of them affects the complainant's career in a very similar way. The complainant may therefore refer them to the Tribunal in one and the same complaint."

    Keywords:

    appointment; career; competition; consequence; decision; receivability of the complaint;



  • Judgment 236


    32nd Session, 1974
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The publication of a list of officials does not confirm the decision to transfer the complainant [against which appeal is time-barred] and does not constitute a new decision. The complaint is irreceivable.

    Keywords:

    complaint; confirmatory decision; receivability of the complaint; time bar; transfer;

    Considerations 3 and 4

    Extract:

    The complaint was filed on 30 March. To be receivable it must impugn a decision notified to complainant on a date not before 30 December 1972. The decision of 17 November 1972 was the decision to transfer the complainant. "The complaint against it is clearly out of time."

    Keywords:

    complaint; date of notification; decision; receivability of the complaint; time bar;



  • Judgment 234


    32nd Session, 1974
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "[T]here can be no claim in respect of currency devaluation as such." But there can be a claim for compensation for the delay in payment. "In the circumstances of [the] case this compensation should be assessed as the diminution in the amount of rupees eventually received by the complainant, the diminution being due to the change in the rupee/dollar rate during the period of delay."

    Keywords:

    administrative delay; amendment to the rules; competence of tribunal; consequence; currency of payment; delay in payment; exchange rate; execution of judgment; injury; judgment of the tribunal; material damages; moral injury; receivability of the complaint;



  • Judgment 230


    32nd Session, 1974
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The contracts concluded were replaced by a new contract effective retroactively. The organization argues that the situation in question resulted from an earlier contract which was not challenged. "[H]aving replaced one contract with another the organization is implicitly estopped from arguing that the original contract was not contested in time. Hence, insofar as that contract is relevant, the organization cannot properly rely on the non-observance of the rules on internal means of redress."

    Keywords:

    amendment to the rules; contract; internal remedies exhausted; receivability of the complaint;



  • Judgment 225


    32nd Session, 1974
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2 and 3

    Extract:

    Under the material provision, a staff member may with the consent of the Director-General waive the jurisdiction of the internal body and appeal directly to the Administrative Tribunal. "[T]he Director-General's authorization of such waiver is a derogation from the normal procedure prescribed by the Staff Regulations and can properly be allowed only in exceptional cases which the Director-General himself shall determine. The Administrative Tribunal is not competent to waive the requirement that the complainant should first appeal to [the internal body]."

    Keywords:

    acceptance; competence of tribunal; direct appeal to tribunal; discretion; exception; executive head; internal remedies exhausted; receivability of the complaint;



  • Judgment 223


    31st Session, 1973
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant appealed to the Director against the decision to terminate his appointment. "He thus complied with the rule that an official must make a complaint to the Director of the organisation before filing a complaint with the Tribunal." The Director had the option under the Staff Regulations of referring the complaint to the internal body, but chose to reply to it.

    Keywords:

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



  • Judgment 221


    31st Session, 1973
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "In the course of proceedings that lead to a final decision various claims and arguments may be put forward and resisted; except insofar as they form part of the final decision the Tribunal has no power to adjudicate upon them."

    Keywords:

    claim; competence of tribunal; decision; elements; receivability of the complaint;

    Consideration 6

    Extract:

    "A decision impugned is the foundation of the Tribunal's competence under its Statute; and if none is impugned, it has no competence."

    Keywords:

    cause of action; competence of tribunal; decision; iloat statute; no cause of action; receivability of the complaint;

    Consideration 5

    Extract:

    The complainant accepted the renewal of his contract, while reserving the right to appeal in connection with the circumstances of an earlier non-renewal. This reservation means either that while accepting the renewal, he is appealing against the non-renewal, which is a self-contradiction, or that while accepting the renewal, he still wishes to complain about an earlier non-renewal; that "would involve an investigation into the history of a decision which is not impugned and which, being superseded, is not impugnable. The Tribunal cannot give effect to a reservation in such terms."

    Keywords:

    contract; extension of contract; fixed-term; non-renewal of contract; receivability of the complaint;

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Last updated: 07.08.2020 ^ top