Implied rejection of internal appeal (791,-666)

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Keywords: Implied rejection of internal appeal
Total judgments found: 5

• Judgment 4319

  
  130th Session, 2020
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the designation of his reporting and countersigning officers for a staff report.

  Consideration 6

  Extract:

  The complainant’s reliance on Article VII, paragraph 3, is misplaced because his “claim” of 30 January 2014 did not, in fact, remain unanswered during the 60-day period provided for in that provision. It was rejected on 20 February 2014. It is clear from the case law (see Judgment 3714, considerations 6 and 7, for example) that Article VII, paragraph 3, is applicable where the Administration does not respond to an initial claim within that period. It does not apply to situations where the Administration does respond to the claim within 60 days.

  Reference(s)

  ILOAT Judgment(s): 3714
  

  Keywords:

  direct appeal to tribunal; implied rejection of internal appeal;
  

  
  
  

• Judgment 4211

  
  129th Session, 2020
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns what she considers to be an implied rejection of her claims of moral and sexual harassment and abuse of authority.

  Judgment keywords

  Keywords:

  case sent back to organisation; complaint allowed; harassment; implied rejection of internal appeal; internal remedies exhausted;
  

  Consideration 12

  Extract:

  In the absence of any action having been taken following the closure of the investigation and having regard to IOM’s statement that the complainant should have filed a complaint with the Tribunal within 90 days of IOM’s notification of the closure of her case, the complainant was entitled to infer that an implied decision to dismiss her appeal had been taken. This inference can now be more readily drawn given that an express decision as of the date of the adoption of the present judgment has not been taken. Accordingly, the Tribunal concludes that the complaint is receivable.

  Keywords:

  absence of final decision; implied rejection of internal appeal;
  

  
  
  

• Judgment 4184

  
  128th Session, 2019
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant mainly challenges the alleged misuse of short-term contracts in her case, the non-extension of her last contract and the allegedly incorrect classification of her job.

  Consideration 4

  Extract:

  The Tribunal, in Judgment 3704, in considerations 2 and 3, recalled that the time limits for internal appeal procedures and the time limits in the Tribunal’s Statute serve the important purposes of ensuring that disputes are dealt with in a timely way and that the rights of parties are known to be settled at a particular point of time. The Tribunal’s rationalisation of this general principle may be summarized as follows: time limits are an objective matter of fact and strict adherence to them is necessary to ensure the stability of the parties’ legal relations. However, there are exceptions to this general principle laid down in the Tribunal’s case law. One of them is the case where the defendant organisation misled the complainant, depriving him of the possibility of exercising his right of appeal in violation of the principle of good faith (see, for example, Judgment 2722, consideration 3, and Judgment 3311, considerations 5 and 6). The Tribunal also recalls that a complaint against an implied rejection may be deemed receivable, notwithstanding the expiry of the time limit for filing a complaint, if a particular step taken by an organisation, such as sending a dilatory reply to the complainant, might give that person good reason to infer that his or her claim is still under consideration (see Judgment 2901, consideration 10).

  Reference(s)

  ILOAT Judgment(s): 2722, 2901, 3311, 3704
  

  Keywords:

  implied rejection of internal appeal; internal appeal; late appeal; receivability of the complaint;
  

  
  
  

• Judgment 3946

  
  125th Session, 2018
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the amounts she was awarded for the delay in processing her request for compensation for service-incurred illness.

  Consideration 13

  Extract:

  In Judgment 3089, at consideration 7, the Tribunal explained when a staff member may engage the internal appeal process on the basis of an implied decision. [...] " [...] An implied decision occurs only when a person who has submitted a claim is entitled to treat delay, inactivity or some other failure as constituting a decision to reject his or her claim and elects to do so. As there was no election by the complainant during the period in question, there was no implied decision at that time."

  Reference(s)

  ILOAT Judgment(s): 3089
  

  Keywords:

  implied rejection of internal appeal;
  

  
  
  

• Judgment 3161

  
  114th Session, 2013
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to transfer him which, in his view, violates his status as an employee.

  Consideration 1

  Extract:

  The complaint to this Tribunal was filed on 29 October 2009. At that time, the President of the EPO had not taken a decision on the recommendations that the Internal Appeals Committee made in its report of 8 June 2009 on the complainant’s appeal against the decision to transfer him. More than sixty days had elapsed since the recommendations were made. Thus, the complainant was apparently exercising the right conferred by Article VII, paragraph 3, of the Statute of the Tribunal in filing his complaint. If so, the subject matter of the complaint would have been, at the time of filing, an implied decision of the President of the EPO to reject the recommendations of the Committee.

  Keywords:

  final decision; implied rejection of internal appeal;