Formal requirements (78, 947,-666)
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Keywords: Formal requirements
Total judgments found: 103
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Judgment 1172
73rd Session, 1992
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The conclusion is that in substance [the complainant's] letter [...] amounted to a request for further information and explanation on a matter the parties had been discussing for years. If his intention was to lodge an appeal under Chapter VI of the Staff Rules he ought to have used language more in keeping with that of an appeal. In any event, on receiving CERN's reply [...] he ought to have applied for referral to the Appeals Board, which [...] is not just a formality. Had he applied for such referral the ambiguous wording of his letter might have been treated as just an oversight, and had the organization turned down his claims it might have been held that he had exhausted the internal means of redress as Article VII(1) the Tribunal's Statute required him to do."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: CHAPTER VI OF THE CERN STAFF RULES
Keywords:
condition; formal requirements; iloat statute; internal appeal; internal remedies exhausted; reply; staff regulations and rules;
Judgment 1127
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant's appointment was terminated after probation. She objects to the administration's making out a supplementary probation report on her and extending - without so advising her - the period she was to spend on probation in breach of the Regulations. The pleas fail. "The probation report required by Article 36(2) [of the Staff Regulations] need not be a single document but may comprise several, even if they are made out at different dates." As to the length of her probation, it was the complainant herself who asked for the extension and it was not, in the circumstances, to her detriment.
Reference(s)
Organization rules reference: ARTICLE 36(2) OF THE EUROCONTROL STAFF REGULATIONS
Keywords:
extension of contract; formal requirements; lack of injury; period; probation report; probationary period; termination of employment; unsatisfactory service;
Judgment 1102
71st Session, 1991
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"According to Article 7 and Appendix II of the Rules of court the complainant must make clear in the statement of his claims what his case is about and submit a brief setting out the facts and his arguments in support of those claims. The complainant has failed to explain in comprehensible terms what it is he wants or to file any legal plea in support".
Reference(s)
ILOAT reference: ARTICLE 7 AND APPENDIX II OF THE RULES
Keywords:
complaint; formal requirements; no cause of action; receivability of the complaint; vague claim;
Judgment 1090
70th Session, 1991
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
The United Nations Secretary-General and the Director-General of the FAO delegated authority to the Executive Director of the World Food Programme (WFP) to apply and interpret the FAO Staff Regulations and Staff Rules. Under Regulation 14(j) of the General Rules of the WFP any special rules the Executive Director might propose must be approved by the UN Secretary-General and the Director-General of the FAO. The complainant contends that as the provisions of the new personnel policy implemented by the Executive Director never got the required approval they are not special rules at all and do not therefore apply to him. The Tribunal holds to the contrary that Regulation 14(j) does give the provisions the force of special rules: there is no specific form their approval must take and the competent authorities have not disapproved of them.
Reference(s)
Organization rules reference: REGULATION 14(J) OF THE GENERAL RULES OF THE WORLD FOOD PROGRAMME
Keywords:
competence; decision-maker; delegated authority; formal requirements;
Judgment 1052
69th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant got word of the decision not to renew his contract before receiving formal notification. "The only date that matters for the purpose of reckoning the time limit in [Article] VII(2) [of the Tribunal's Statute] is the date of formal notification of the final decision in writing."
Reference(s)
ILOAT reference: ARTICLE VII(2) OF THE STATUTE
Keywords:
complaint; date of notification; decision; formal requirements; receivability of the complaint; start of time limit; time limit;
Judgment 1039
69th Session, 1990
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant lodged two internal appeals against the decision not to renew her appointment. Her first appeal, which she submitted directly to the Board, was irreceivable because under paragraph 7(a) she ought first to have addressed her claim to the Director-General. The second appeal, which she did address to the Director-General, was out of time by one day. There having been no waiver of the time limit under paragraph 8 of the Statutes, her complaint is irreceivable.
Reference(s)
Organization rules reference: PARAGRAPHS 7(A) AND 8 OF THE STATUTES OF THE UNESCO APPEALS BOARD
Keywords:
formal requirements; internal appeal; receivability of the complaint; time bar; time limit;
Judgment 1011
68th Session, 1990
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Article VII of the Tribunal's Statute says that a complaint shall not be receivable unless the decision impugned is a final one and such remedies as are available under the applicable Staff Regulations have been exhausted. To satisfy that requirement, which is mandatory, the staff member must duly lodge an internal appeal with the competent body within the time limit in the Staff Regulations."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
formal requirements; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff member's duties; staff regulations and rules; time limit;
Summary
Extract:
To take account of shifts in currency rates when reckoning the pay of officials who changed categories on promotion, the ITU began to follow United Nations practice by adopting in 1988 the so-called "anniversary calculation" system. The complainant, who was promoted in 1985 from grade G.7 to P.2, is seeking to have her pay so reviewed. On 28 January 1986 she wrote to the chief of personnel objecting to the loss of salary she suffered as a result of promotion. On 26 May 1988 she appealed to the Appeal Board. The Tribunal holds that the memorandum of 28 January 1986 cannot be construed either in form or in substance as a request for review under Rule 11.1.2 but was merely a written claim under Rule 3.17.1. Her appeal of 26 May 1988 was patently out of time and the complaint is therefore irreceivable.
Reference(s)
Organization rules reference: RULES 3.17.1 AND 11.1.1.2 OF THE ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
consequence; formal requirements; general service category; internal appeal; professional category; promotion; receivability of the complaint; reduction of salary; salary; time bar;
Judgment 1010
68th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9, Summary
Extract:
In the instant case the Tribunal will allow the organization's notification by telex of a decision adversely affecting the official.
Keywords:
decision; formal requirements;
Judgment 1007
68th Session, 1990
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's first internal appeal against the denial of promotion was considered receivable but failed. A second appeal which he filed one year later was not treated as such by the organization. The second appeal had the same wording at the beginning and end as the first. The Tribunal holds that the Director-General should have treated the appeal as such and forwarded it to the secretariat of the Joint Advisory Appeals Board in keeping with Article R B 2.07 of Annex R B 2 of the CERN Staff Regulations. The case is remitted to the organization.
Reference(s)
Organization rules reference: ARTICLE R B 2.07 OF ANNEX R B 2 OF THE CERN STAFF RULES
Keywords:
case sent back to organisation; decision quashed; formal requirements; further submissions on the merits; internal appeal; receivability of the complaint;
Judgment 995
68th Session, 1990
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
According to paragraphs 7 and 9 of the Statutes of the UNESCO Appeals Board, appeals must be presented by the official concerned or, on his behalf, by any other member of the Secretariat stationed at headquarters. The complainant was represented by a lawyer before the Appeals Board and thereby failed to comply with the prescribed procedure. His complaint is accordingly irreceivable. The Tribunal remarks that as lawyers ordinarily have access to any judicial body the rules governing the internal appeals procedure would not be admissible before a court of law. But under the circumstances of the instant case the rules in the Board's Statutes must be construed strictly.
Reference(s)
Organization rules reference: PARAGRAPHS 7 AND 9 OF THE STATUTES OF THE UNESCO APPEALS BOARD
Keywords:
complainant; counsel; enforcement; formal requirements; internal appeal; internal appeals body; procedure before the tribunal; receivability of the complaint; staff regulations and rules;
Judgment 987
68th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideraton 5
Extract:
"In support of its contention that there was no breach of his right to a hearing, the FAO cites earlier facts which it submits show that the complainant knew full well that his position was, to say the least, uncertain. Though there are no special rules on the subject and the procedure will depend on the circumstances of each case, the organization has a duty to show that the staff member cannot reasonably have failed to realise he was under threat of termination."
Keywords:
burden of proof; duty to inform; evidence; formal requirements; organisation; probationary period; right to reply; termination of employment;
Judgment 882
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant maintains that the time-limit for lodging an internal appeal should run from the date on which he received the first pay-slip showing his new grading. To support that view he cites Judgment No. 753 of 12 June 1986. In the view of the Tribunal, the complainant "misreads Judgment 753: what the Tribunal held was that payment of salary might be treated as a challengeable decision only when there was no other."
Reference(s)
ILOAT Judgment(s): 753
Keywords:
date of notification; decision; formal requirements; internal appeal; payslip; start of time limit; time limit;
Judgment 841
63rd Session, 1987
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The rules do not require the ESO to provide the complainant with a performance assessment on the termination of his employment either in the form he seeks or in any other. The ESO is therefore not in breach of any term of the complainant's contract of employment in failing to provide him with a performance assessment. Further, as an international organisation it is not bound by the requirements placed on employers by the laws and usage of the Federal Republic."
Reference(s)
ILOAT Judgment(s): 780, 840, 842
Keywords:
certificate of service; domestic law; formal requirements; no provision; organisation's duties; practice; work appraisal;
Judgment 840
63rd Session, 1987
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Under Article R VI 1.03 of the Staff Regulations of the ESO appeals must be addressed to the Director General [...] Here the complainant contends that the notice of appeal contained in a telex message dated 20 March 1986 addressed to the ESO's legal adviser [who is not an ESO staff member] was a valid notice of appeal against a decision notified to the complainant on 21 February 1986. The argument fails because the language of the rules makes it clear beyond doubt that any appeal against a decision taken on behalf of the ESO must be addressed to the organisation, which alone is competent to judge the matter."
Reference(s)
Organization rules reference: ARTICLE R VI 1.03 OF THE ESO STAFF REGULATIONS
Keywords:
formal requirements; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 810
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The fact that only the chairman signed [the Appeal Board's report] is not in itself a flaw. It is not argued that the text fails to record the views of the majority of the Board."
Keywords:
flaw; formal flaw; formal requirements; internal appeals body; recommendation; report;
Judgment 782
60th Session, 1986
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The right to fulfillment of a promise "is conditional. One condition is that the promise should be substantive, i.e. to act, or not to act, or to allow. Others are that it should come from someone who is competent or deemed competent to make it; that breach should cause injury to him who relies on it; and that the position in law should not have altered between the date of the promise and the date on which fulfillment is due. It does not matter what form the promise takes: it may be written or oral, express or implied."
Keywords:
condition; contract; formal requirements; permanent appointment; promise;
Judgment 660
56th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The Staff Regulations provide for two internal means of redress: a 'request' that the Director General take a decision and a 'complaint' against an act adversely affecting the staff member. As the Tribunal held in Judgment No. 398, any application challenging a decision must be treated as a 'complaint'.
Reference(s)
ILOAT Judgment(s): 398
Keywords:
formal requirements; internal appeal; receivability of the complaint; staff regulations and rules;
Judgment 659
56th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Vide Judgment 660, consideration 1, paragraph 2.
Reference(s)
ILOAT Judgment(s): 660
Keywords:
formal requirements; internal appeal; receivability of the complaint; staff regulations and rules;
Judgment 655
55th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The letter in question, unlike the other letters is headed: "An appeal for [...]"; it is addressed to the Director-General (unlike the others) and it concludes with three claims that are much the same as those before the Tribunal. "It is therefore beyond doubt that [this] letter [...] is the only one to qualify, in form and content, as a [...] 'complaint'". (It is, however, time-barred.)
Keywords:
formal requirements; internal appeal; receivability of the complaint;
Judgment 642
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The Tribunal held that the certificate provided did not include all the information required by the Staff Regulations. "The complainant's argument is that prospective employers were unable to assess fully the merit of her applications [...] The argument would succeed if the complainant's allegations were not unsupported. Although she need not offer formal proof, she ought to indicate what organisations and companies she approached and how they responded. [...] The complainant must establish injury, and she has failed to do so."
Keywords:
certificate of service; formal requirements; injury; lack of evidence;
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