Receivability of the complaint (76, 77, 78, 947, 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: 735
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Judgment 3383
118th Session, 2014
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: As the complainant has never been an official of CERN and did not impugn a decision affecting his rights, his complaint is summarily dismissed.
Judgment keywords
Keywords:
complaint dismissed; non official; official; ratione personae; receivability of the complaint; status of complainant; summary procedure;
Judgment 3382
118th Session, 2014
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint filed by an unsuccessful external candidate for employment was summarily dismissed as being not within the scope of the Tribunal’s competence.
Judgment keywords
Keywords:
candidate; complaint dismissed; external candidate; non official; official; ratione personae; receivability of the complaint; status of complainant; summary procedure;
Judgment 3381
118th Session, 2014
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint was summarily dismissed on the ground that the complainant was not an official for the purpose of Article II of the Tribunal’s Statute.
Consideration 6
Extract:
"As there was no meeting of minds between the parties concerning an appointment and the complainant did not become a staff member of IOM and, therefore, not an official for the purpose of Article II of the Tribunal’s Statute, the complaint is clearly irreceivable."
Reference(s)
ILOAT reference: Article II of the Statute
Keywords:
appointment; non official; official; ratione personae; receivability of the complaint; status of complainant; summary procedure;
Judgment keywords
Keywords:
complaint dismissed; official; receivability of the complaint; summary procedure;
Judgment 3368
118th Session, 2014
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal considered that the complainant’s employment under short-term contracts was unlawful and that the Organisation failed to provide reasonable notice of non-renewal.
Consideration 6
Extract:
"The Tribunal [...] rejects the ILO’s contention that the complaint’s claim for the conversion of her short-term contract is receivable only to the extent that it relates to her last contract extension for the period from 1 January to 31 May 2010, but is otherwise time-barred. The ILO relies on Judgments 2708 and 2838 as authority for its submission that, in view of the six-month time limit for filing a grievance under Article 13.2 of the Staff Regulations, the grievance filed on 4 November 2010 is irreceivable as to extensions prior to that of 1 January to 31 May 2010. A similar argument was rejected by the Tribunal in Judgment 3110, under 5. It is sufficient to note that, as earlier indicated, at the material time the complainant was employed under a single contract which was extended several times, and neither the extension of 1 January 2010 nor the decision to apply Rule 3.5 to her gave rise to a new, separate contract. The objection therefore fails."
Reference(s)
ILOAT Judgment(s): 2708, 2838, 3110
Keywords:
internal remedies exhausted; late appeal; receivability of the complaint;
Judgment 3347
118th Session, 2014
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision dismissing her harassment complaint and challenges the lawfulness of the internal appeals and investigation procedures.
Consideration 10
Extract:
"Contrary to the Organization’s assertion, the determination of the receivability of an internal appeal itself has no bearing on the receivability of a complaint filed with the Tribunal. The latter is governed by the Tribunal’s Statute. Indeed, a decision on receivability in an internal appeal is reviewable by the Tribunal."
Keywords:
late appeal; receivability of the complaint;
Judgment 3346
118th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants, acting as Staff Committee representatives in the General Advisory Committee, challenge the President’s interpretation of the GAC’s opinion regarding pension contributions.
Consideration 11
Extract:
"As the legal analysis of receivability, merit and damages associated with a claim are inextricably linked to standing, complainants cannot adopt a different position on standing from the one initially taken on the internal appeal."
Keywords:
locus standi; receivability of the complaint;
Judgment 3345
118th Session, 2014
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants, acting as elected staff representatives, in their individual capacities as staff members and on behalf of thirty-six staff members employed under “long-term short-term contracts”, challenge the appropriateness of employment under such contracts and claim certain rights for such employees.
Consideration 11
Extract:
"[T]he claims of the Staff Council were a request for a change of policy and policy issues of this type are not justiciable (see Judgment 3225, consideration 6). This conclusion is reinforced by the fact that the request was made at a high level of abstraction."
Reference(s)
ILOAT Judgment(s): 3225
Keywords:
ratione materiae; receivability of the complaint; staff representative;
Judgment 3298
116th Session, 2014
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest the conditions of their reassignment and allege unequal treatment.
Considerations 12 and 16
Extract:
The Organization considers that the complainant's claims are so vague that the Tribunal should not rule on them.
"Apart from anything else, procedural fairness requires that a defendant organisation understands the case advanced by the complainant in order to be able to meet it. It is possible to conceive of situations where the complaint is so vaguely expressed that a defendant organisation is simply unable to respond. This is not so in the present case. Apart from raising the point about the form of the complaint as a threshold issue, the [Organization] has presented its defence on what appears to be a clear understanding of the issues [the complainant] raised and, implicitly, the relief he sought. For these reasons, the Tribunal rejects this aspect of the [Organization]’s pleas. The complaint is receivable."
Keywords:
receivability of the complaint; vague claim;
Judgment 3296
116th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that he has been harassed and that he was appointed only in 2006 to a post whose functions he had been fulfilling since 2001.
Consideration 10
Extract:
Article VII, paragraph 1, of the Statute of the Tribunal specifies that: “A complaint shall not be receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of resisting it as are open to him under the applicable Staff Regulations.”
In accordance with the Tribunal’s case law, to satisfy this requirement the complainant must not only follow the prescribed internal procedure for appeal, but must follow it properly and in particular observe any time limit that may be set for the purpose of that procedure (see, for example, Judgment 1469).
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 1469
Keywords:
internal remedies exhausted; receivability of the complaint;
Judgment 3291
116th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismisses fifty-six similar complaints on the grounds that they are directed against general and not individual decisions.
Judgment keywords
Reference(s)
Organization rules reference: Articles 77,80, 81 and 83 of the Service Regulations; Circular No. 82; Decisions CA/D 32/08, 27/08, 14/08, 13/09, 28/09, 22/09, 7/10
Keywords:
advisory opinion; competence; complaint dismissed; decision; effect; general decision; general principle; individual decision; internal appeal; internal appeals body; joinder; procedure before the tribunal; receivability of the complaint; same cause of action; same purpose;
Judgment 3280
116th Session, 2014
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant requests that the 2010 promotion exercise, which was allegedly cancelled for budgetary reasons, be held.
Consideration 3
Extract:
The complainant contests the decision of Eurocontrol not to organize a promotion exercise for 2010.
"Her cause of action in challenging the refusal to hold that promotion round cannot depend on the potential outcome of the round."
Keywords:
cause of action; promotion; receivability of the complaint;
Judgment 3254
116th Session, 2014
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint was considered irreceivable on the ground that it was time-barred.
Judgment keywords
Keywords:
complaint dismissed; late filing; receivability of the complaint; time limit;
Judgment 3247
116th Session, 2014
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant was on reimbursable loan from UNOPS to the Global Fund, when she was notified of the non-renewal of her contract for unsatisfactory performance.
Consideration 20
Extract:
"In a case such as the present, jurisdiction is limited and defined by organisations submitting to the Tribunal’s jurisdiction and the complainant being an official (or former official) of an organisation that has so submitted (see Judgments 2503, consideration 4, and 3049, consideration 4). The complainant was not an official of the Global Fund at any relevant time. She was an official of UNOPS, which has not submitted to the Tribunal’s jurisdiction. Accordingly, the Tribunal has no jurisdiction to determine the complainant’s complaint save for determining whether it has jurisdiction. The complaint is therefore not receivable."
Reference(s)
ILOAT Judgment(s): 2503, 3049
Keywords:
competence of tribunal; iloat; locus standi; non official; ratione personae; receivability of the complaint; status of complainant;
Judgment keywords
Keywords:
competence of tribunal; complaint dismissed; official; organisation; receivability of the complaint; termination of employment; unops;
Judgment 3222
115th Session, 2013
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to disclose some documents related to the procedure concerning his claim for compensation for a service-incurred illness.
Consideration 11
Extract:
"While the Tribunal’s case law recognises a need to apply Article VII(1) of its Statute with some flexibility (see, for example, Judgments 2360 and 2457), there are no decisions which support the view that a claim about a discrete subject can be introduced at a late stage in an internal appeal about an entirely different subject and the fact that it has been satisfies the requirement that internal appeals have been exhausted before a complaint about the different subject matter can be litigated in the Tribunal."
Reference(s)
ILOAT reference: Article VII of the Statute
ILOAT Judgment(s): 2360, 2457
Keywords:
internal remedies exhausted; new claim; receivability of the complaint;
Judgment 3209
115th Session, 2013
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant accuses the ITU of having failed in its duty to ensure transparency in a selection process.
Considerations 13 and 14
Extract:
The complainant applied for a post but was not selected. She asks the Tribunal to require disclosure of the file of the selection process.
"[The Organisation] argues that the complainant’s request for the communication of the file is a claim made for the first time in her complaint and must therefore be dismissed as irreceivable. However, as the complainant rightly observes, this is not a new claim which would be subject to the rule on the exhaustion of internal remedies. In this instance, it is merely a request made on the basis of Article 11 of the Rules of the Tribunal, for the Tribunal to use its powers of investigation, which it can in fact do on its own motion.
The defendant also stated that if the Tribunal considered that the information supplied in support of its arguments was insufficient, it would transmit the file of the selection process for the exclusive attention of the Tribunal. [...] The Tribunal recalls that, according to the adversarial principle, all documents submitted to it by a party to the proceedings must be communicated to the other party. It will be for the organisation itself, if it considers this necessary in order to protect the interests of third parties, to conceal identities to the required extent in the documents produced."
Reference(s)
ILOAT reference: Article 11 of the Rules
Keywords:
adversarial proceedings; application of law ex officio; competition; disclosure of evidence; interlocutory order; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 3198
115th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the withdrawal from his personal file of the warnings concerning his productivity.
Consideration 13
Extract:
"[A] complaint will be irreceivable if a complainant is not adversely affected by the impugned decision. Accordingly, in the context of staff assessment reports, the Tribunal stated as follows in Judgment 1674, under consideration 6(a): “a complaint is irreceivable when the decision at issue is not one that adversely affects the complainant. A decision is an act by an officer of an organisation which has a legal effect on the staff member’s status: see Judgment 532 […]. The complainant suffers no injury from having to wait for a later decision which he may impugn, [...]. Similarly, an internal appeal, followed by a complaint, is not receivable when the organisation’s rules prescribe some formality to be completed first (see Judgment 468 […] concerning ‘something which is only one step in a complex procedure and of which only the final outcome is subject to appeal’).”"
Reference(s)
ILOAT Judgment(s): 1674
Keywords:
cause of action; decision; no cause of action; receivability of the complaint;
Consideration 22
Extract:
"[A] cause of action no longer exists when the action that is complained of is withdrawn. Thus, the Tribunal stated as follows in Judgment 1394, under 4, in which the EPO was the defendant: “At the date of filing […] the decision [the complainant] is impugning did indisputably cause [him] injury and he was free to challenge it as he saw fit. Yet, though his claim to quashing did then serve some purpose it no longer does so since at his own instance the decision has been withdrawn. There is of course no question of quashing a decision that no longer exists and therefore has no effect in law. So the claim to the quashing of the decision must fail.”"
Reference(s)
ILOAT Judgment(s): 1394
Keywords:
cause of action; no cause of action; receivability of the complaint; withdrawal of decision;
Judgment 3190
114th Session, 2013
South Centre
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who challenges the non-renewal of her fixed-term contract, failed to exhaust the internal means of redress.
Consideration 9
Extract:
"[The complainant's] assertion that she did not file an appeal before the Centre’s ad hoc Appellate Body because it could not be considered to be independent and impartial must be rejected. It is firm case law that a staff member is not allowed on his or her own initiative to evade the requirement that internal means of redress must be exhausted before a complaint is filed before the Tribunal (see Judgment 2811, under 10 and 11, and the case law cited therein). The complaint is therefore irreceivable."
Keywords:
direct appeal to tribunal; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint;
Judgment 3180
114th Session, 2013
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant claims interest for the late payment of the back pay resulting from a salary adjustment.
Consideration 9
Extract:
"[T]he fact that the amount of money claimed may be derisory does not prevent the claim from being receivable. [I]f the [Organisation] was of the opinion that the amount at stake in this dispute was derisory, it ought to have tried to put an end to it by reaching an amicable settlement."
Keywords:
amount; claim; receivability of the complaint; settlement out of court;
Judgment 3160
114th Session, 2013
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns the Director-General's decision to reject his appeal concerning breaches of confidentiality.
Consideration 14
Extract:
"There are a number of decisions of this Tribunal in which an organisation has not been permitted to maintain an argument concerning the receivability of a complaint that was not raised in the internal appeal preceding the complaint to the Tribunal (see, for example, Judgment 2255, considerations 12 to 14). The principle that the failure to raise the issue of receivability in an internal appeal precludes the argument being raised before the Tribunal exists to further the interests of justice."
Reference(s)
ILOAT Judgment(s): 2255
Keywords:
estoppel; internal appeal; new plea; receivability of the complaint; reply;
Judgment 3139
113th Session, 2012
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Union regrets that the internal appeal procedure [...] was not completed, but it raises no objection to receivability on that account.
The Tribunal automatically examines the receivability of complaints filed with it. [...]. In Judgment 2892, the Tribunal held that the provisions of the ITU Staff Regulations and Staff Rules governing internal appeals did not provide for appeals by former staff members. In such circumstances, where a decision has not been communicated until after a staff member has separated from service, the former staff member does not have recourse to the internal appeal process (see for example Judgment 2840, under 21). Hence the Tribunal will not find that the complaint is irreceivable pursuant to Article VII, paragraph 1, of its Statute.
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 2840, 2892
Keywords:
former official; iloat statute; internal appeal; ratione personae; receivability of the complaint;
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