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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 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 2-3

    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;



  • Judgment 220


    31st Session, 1973
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The decision is one the complainant impugns insofar as it "affects him as a French national". Staff members of French nationality whose interests are identical, "accordingly have an interest in intervening [...] Their intervention is therefore receivable. Staff members [...] of Belgian and Luxembourg nationality, who are subject to different national laws and regulations, have not the same interests as [the complainant], and accordingly their intervention is not receivable."

    Keywords:

    cause of action; intervention; nationality; receivability of the complaint;

    Considerations

    Extract:

    The complainant had never availed himself of the opportunity which was available to him under a former provision to transfer part of his remuneration. Yet "[...] he had a direct and personal interest in seeking the quashing of a decision which deprived him of that possibility."

    Keywords:

    administrative instruction; amendment to the rules; cause of action; decision; injury; provision; receivability of the complaint; staff regulations and rules;



  • Judgment 213


    31st Session, 1973
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "If [the complainant] intends to impugn the refusal to give him a new appointment which he alleges in his complaint had been promised to him, he is not impugning any decision embodying such a refusal, and in any event he ought not to have addressed himself directly to the Tribunal before submitting an appeal to the [internal] appeals body [...] The fact that he was received by the Secretary-General [...] cannot be regarded as an alternative to such an appeal."

    Keywords:

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

    Considerations

    Extract:

    The complainant impugns the refusal of his claim for compensation dated 5 July 1972; his complaint filed with the Administrative Tribunal on 14 January 1973 "was not submitted within the time limits laid down by Article VII, paragraph 2, of the Statute of the Tribunal and is therefore not receivable."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE

    Keywords:

    complaint; receivability of the complaint; time bar;



  • Judgment 211


    30th Session, 1973
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The complainant did not appeal in time against this decision and it has now become final."

    Keywords:

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



  • Judgment 208


    30th Session, 1973
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The complainant may not [...] properly rely upon the failure to publish [recruitment] standards which apply to staff members recruited after his own appointment and which therefore do not directly concern him."

    Keywords:

    amendment to the rules; duty to inform; lack of injury; no cause of action; non-retroactivity; provision; receivability of the complaint; staff regulations and rules; terms of appointment;



  • Judgment 206


    30th Session, 1973
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Vide Judgment 205.

    Reference(s)

    ILOAT reference: ARTICLE 8, PARAGRAPH 3, OF THE RULES
    ILOAT Judgment(s): 205

    Keywords:

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



  • Judgment 205


    30th Session, 1973
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The actions referred to the Tribunal [...] do not relate to the observance either of the terms of his own contract of employment or of the Staff Regulations or Staff Rules. His complaint is thus clearly irreceivable by the Tribunal and must therefore be dismissed [under paragraph 3 of Article 8 of the Rules of Court of the Administrative Tribunal]."

    Reference(s)

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

    Keywords:

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



  • Judgment 200


    30th Session, 1973
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant made no appeal within the time limit against the decision to confirm his transfer. "That decision has thus become final." He did impugn another decision in time which had no connection with the first decision, but that will not extend the period within which an appeal may be lodged against the first decision.

    Keywords:

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



  • Judgment 196


    29th Session, 1972
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    In asking the Tribunal to rule on the question of reclassification before two successive decisions had been obtained from the Director-General, one on the recommendation of the Consultative Committee on Classification and the other on the recommendation of the appeals body, "the complainant has failed to observe the rule requiring that all internal remedies should have been exhausted."

    Keywords:

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

    Consideration 2

    Extract:

    The appeal addressed to the Director-General was dismissed on 15 April. Whatever the date of the impugned decision, "the complainant could properly file an appeal as from 15 April [...] and consequently the claims he submitted to the Appeals Board on 27 April [...] were receivable. [H]ence the argument that the appeal was irreceivable affords no grounds for contending that the internal means of resisting the decision were not exhausted."

    Keywords:

    date; decision; internal appeal; receivability of the complaint; start of time limit; time limit;

    Consideration 4

    Extract:

    The complainant seeks transfer to any D.1 post compatible with his qualifications and experience. As stated, the claim must be dismissed. "While [...] the complainant is entitled to resist the refusal to appoint him to a specific post which has been put up for competition, he cannot claim to be appointed to any D.1 post without the appointing authority having had the opportunity to appraise the various candidates who might have applied."

    Keywords:

    assignment; cause of action; no cause of action; receivability of the complaint; request for transfer;

    Consideration 1

    Extract:

    "The Tribunal cannot go beyond the claims submitted to it by the complainant within the time-limit of ninety days laid down by Article VII, paragraph 2, of its Statute. It follows that the claims put forward subsequently by the complainant, either in his rejoinder or in another memorandum, can be considered only insofar as they do not go beyond the claims submitted within the prescribed time-limit, since otherwise the purpose of the rule requiring the complainant to take action within ninety days on pain of irreceivability would be frustrated."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE

    Keywords:

    claim; condition; new claim; receivability of the complaint; rejoinder;



  • Judgment 188


    28th Session, 1972
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    On the form she used to file her complaint, the complainant sought the quashing of a decision in respect of her performance report. In a memorandum, she sought the quashing of the decision refusing her a salary increment. "These two documents were filed at the same time and form a whole, in the sense that the claims set out in them are complementary." A decision is therefore required both on the performance report and the question of the salary increment.

    Keywords:

    claim; complaint; difference; receivability of the complaint;



  • Judgment 186


    27th Session, 1971
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Under the applicable provisions, "the period within which an appeal must be submitted against any administrative decision affecting [...] officials [of the organization] starts to run from the date of notification of the decision to the persons concerned." The rejection of the appeal for being time-barred is not flawed.

    Keywords:

    date; date of notification; decision; internal appeal; receivability of the complaint; start of time limit; time bar;



  • Judgment 185


    27th Session, 1971
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The regional administration failed to reply because it made a reply conditional on a matter unrelated to the request. "The position thus taken up by the administration misled [the complainant] and prevented him from following the procedure laid down [in the Staff Rules]. There is all the more reason for taking account of his error inasmuch as the [...] Rules do not mention the general rule of law [...] whereby the silence of the administration after a certain period is equivalent to rejection of a claim."

    Keywords:

    complaint; exception; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; negligence; organisation; receivability of the complaint; time bar;

    Considerations

    Extract:

    Article VII, paragraph 3, of the Statute of the Tribunal must be read in conjunction with paragraph 1 of the same article. "[T]he provision can apply only if a complainant has exhausted all internal means of resisting the decision open to him, and if he is impugning either an explicit decision or the implicit decision resulting from the failure of the Director-General of the organization, the final competent authority, to give a ruling on his claim."

    Reference(s)

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

    Keywords:

    condition; express decision; failure to answer claim; implied decision; internal remedies exhausted; receivability of the complaint;



  • Judgment 181


    27th Session, 1971
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "[T]he Director-General was at fault in ruling that the complainant's appeal to the Appeals Board was time-barred [...]. The decision impugned must accordingly be quashed." The case is referred back to the organization for a decision on the merits.

    Keywords:

    case sent back to organisation; decision quashed; further submissions on the merits; internal appeal; receivability of the complaint; refusal; reply confined to receivability; time bar; tribunal;

    Consideration 3

    Extract:

    The date on which the appeal is despatched is the important one. "[I]n laying down that staff members must submit their appeal in writing to the [competent body] within 15 or 30 days, [the applicable provision] implies that the important one is that on which the appeal is despatched."

    Keywords:

    date; internal appeal; interpretation; receivability of the complaint; time limit;



  • Judgment 180


    27th Session, 1971
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The prescribed time limit must be held to have been observed if a complaint [...] has been filed with [the Tribunal] late, but was sent within the period of 90 days to the Administrative Tribunal of the United Nations. This interpretation is justified because of the links between the international organisations, and in particular by the fact that some staff members" fall within the jurisdiction of the latter Tribunal in matters concerning their pension rights.

    Keywords:

    complaint; exception; iloat; new time limit; receivability of the complaint; remand; time bar; unat;



  • Judgment 171


    25th Session, 1970
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complaint, filed by a former official of IAEA and FAO, is directed against the ILO, an organisation in which he has never served. "Such a complaint is not one which the Administrative Tribunal is competent to hear under the provisions of article ii of its sSatute."

    Reference(s)

    ILOAT reference: ARTICLE II OF THE STATUTE

    Keywords:

    competence of tribunal; locus standi; non official; receivability of the complaint; status of complainant;

    Considerations

    Extract:

    "[A]ccording to Article VI of the Statute, "the Tribunal shall take decisions by a majority vote; judgments shall be final and without appeal." Accordingly, if [the complainant] is requesting the Tribunal to quash its earlier judgments nos. 142 and 151 [...] his claims are irreceivable."

    Reference(s)

    ILOAT reference: ARTICLE VI OF THE STATUTE
    ILOAT Judgment(s): 142, 151

    Keywords:

    application for quashing; finality of judgment; iloat statute; judgment of the tribunal; last instance; receivability of the complaint;



  • Judgment 165


    25th Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    When first appointed in March 1952, the complainant was not enrolled in the United Nations Joint Staff Pension Fund. Although this decision was not at the time notified, it was confirmed and notified by the letter of January 1957 which informed the complainant that he would become a member of the pension fund from the following month. The date of receipt of that letter was the date at which the statutory period began to run for the lodging of an appeal. Filed in November 1968, the appeal was time-barred and the dismissing of the appeal was not tainted with illegality.

    Keywords:

    date of notification; decision; forfeiture of benefit; internal appeal; participation; receivability of the complaint; start of time limit; time bar; time limit; unjspf;

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Last updated: 28.10.2020 ^ top