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Administrative delay (80,-666)

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Keywords: Administrative delay
Total judgments found: 76

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  • Judgment 3429


    119th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal dismissed the complaint but awarded damages to the complainant because of the delay in the appeals procedure.

    Judgment keywords

    Keywords:

    administrative delay; intervention; moral damages; removal expenses;



  • Judgment 3200


    115th Session, 2013
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to impose on her the disciplinary measure of demotion.

    Consideration 6

    Extract:

    "Although the case was complex and detailed, and the subject matter sensitive, the time taken to complete the proceedings was indeed excessive. The Tribunal notes in particular that it took OSDI ten months to bring the investigation to a conclusion following the interviews, and it took the Director General seven months to reject the appeal after receiving the Appeals Committee Report. The total length of the proceedings cannot therefore be considered reasonable, and specifically, the two intervals of time noted above were excessive. The conclusion is that the Organization did not respect the need for expeditious proceedings and violated its duty of care towards the complainant."

    Keywords:

    administrative delay; complaint allowed; complaint allowed in part; delay; duty of care; internal appeal; moral injury; organisation's duties; procedure; reasonable time; staff member's interest;



  • Judgment 3168


    114th Session, 2013
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant disputes the characterization of his service during a certain period and the date taken into account by WHO to determine his entry on duty within the United Nations system.

    Consideration 13

    Extract:

    "It is firm Tribunal case law that a staff member is entitled to an efficient internal means of redress and to expect a decision on an internal appeal to be taken within a reasonable time (see Judgments 2904, under 14 and 15, 2851, under 10, and 2116, under 11). It can be seen from the above summary of the internal appeal process that there were a number of requests for extensions of time by both parties and in some instances consented to by the opposing party. While the departure of a staff member responsible for an appeal is beyond the control of the Administration, the latter does bear the responsibility of providing adequate staffing in keeping with its obligation to provide an efficient means of internal redress."

    Reference(s)

    ILOAT Judgment(s): 2116, 2851, 2904

    Keywords:

    administrative delay; complaint allowed; complaint allowed in part; decision; delay; internal appeal; internal appeals body; moral damages; organisation's duties; reasonable time; time limit;



  • Judgment 3130


    113th Session, 2012
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The complainant requests an award of 10,000 United States dollars for unreasonable delays in the internal appeal proceedings. The appeal before the Regional Board of Appeal lasted only nine months from the date of appeal [...] to the date of the decision by the Regional Director [...] to endorse the Board’s recommendation [...]. The complainant’s appeal before the [Headquarters Board of Appeal] lasted just over 13 months from the date of appeal [...] to the decision by the Director-General [...]. Considering that the two appeals took less than two years to complete, the complainant cannot be considered to have suffered from inordinate delays meriting an award of damages. This is especially true considering that the two tiered appeal process has provided him with greater protection of his rights as a staff member."

    Keywords:

    administrative delay; claim; compensation; complaint allowed in part; date; decision; executive head; internal appeal; international civil servant; material damages; reasonable time; recommendation; refusal; right;



  • Judgment 3114


    113th Session, 2012
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    A year and a half passed following the recommendations before a final decision was reached, and that decision was obtained only after the complainant had lodged an application for execution with the Tribunal. "This delay is manifestly unreasonable. The complainant will be awarded an indemnity, which it is fair to set at 2,000 euros, for the moral injury she has thus been caused."

    Keywords:

    administrative delay; allowance; application for execution; compensation; complaint allowed; decision; internal appeals body; moral injury; reasonable time; recommendation;



  • Judgment 3102


    112th Session, 2012
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "[E]ven if a staff member may claim no right to promotion, promotion procedures must be conducted with due diligence and as swiftly as the normal workings of an administration permit. There is nothing to justify delaying for years a promotion which the staff member may legitimately expect and which naturally has a direct impact on his or her career prospects, unless this delay may be attributed to a fault on the part of the person concerned during the procedure (see Judgment 2706, under 11 and 12)."

    Reference(s)

    ILOAT Judgment(s): 2706

    Keywords:

    administrative delay; career; complaint allowed; complaint allowed in part; consequence; delay; duty of care; exception; international civil servant; misconduct; procedure; promotion; right;



  • Judgment 3064


    112th Session, 2012
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10 & 11

    Extract:

    The complainant submits that the investigation ordered by the Director-General of the ILO into her allegations of harassment was considerably delayed. The ILO admits that "the delay in holding the investigation is inexcusable". Nevertheless, it considers that "[t]he complainant's claims in this respect are [...] groundless", since 3,000 Swiss francs were awarded as compensation for this delay.
    "The Tribunal considers, however, that even if such a sum had been paid promptly and accepted by the complainant, which is not the case, the Organization could not shed its responsibility for the considerable delay in holding the investigation by simply deciding to award the complainant compensation for the injury suffered [...]. The ILO holds that the delay is due, not to the Administration's wish to harm the complainant, but to an error. In the Tribunal's opinion, this fact likewise does not exonerate the Organization or lessen its responsibility, since the error was committed by its Administration. As the [internal appeals body] rightly noted in its report [...] more than 15 months after the Director General's decision there was no information as to the progress of the investigation, or the date on which the investigator would submit his report. Consequently, it must be found that the delay in conducting the investigation caused the complainant moral injury which must be redressed."

    Keywords:

    acceptance; administrative delay; allowance; compensation; complaint allowed; date; delay; duty to inform; harassment; injury; inquiry; internal appeals body; liability; misconduct; moral injury; organisation; organisation's duties; payment; report;



  • Judgment 2904


    108th Session, 2010
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 14 and 15

    Extract:

    The complainant claims compensation for the overall delay involved in this matter.
    "As for the internal appeal process, the Tribunal recalls that the Organization has a duty to maintain a fully functional internal appeals body. Thus, the Committee's statement that 'the alleged delays could not be ascribed to it as they were due to the need for arranging election of new members to the Appeals Committee and the time requirements for this' does not relieve the Organization from responsibility for the delay in the process. According to well-established case law, '[s]ince compliance with internal appeals procedures is a condition precedent to access to the Tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed' (see Judgment 2197, under 33). The first appeal lasted for approximately 16 months, even though it hinged on the simple question of receivability. The entire process to date has stretched over eight years. In the circumstances, the complainant is entitled to be compensated in the amount of 4,000 euros for this delay."

    Reference(s)

    ILOAT Judgment(s): 2197

    Keywords:

    administrative delay; delay; internal appeal; internal appeals body; internal remedies exhausted; moral damages; organisation's duties; reasonable time;



  • Judgment 2891


    108th Session, 2010
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The Tribunal finds that UNIDO failed to deal with the complainant's appeal in a timely and diligent manner. According to well-established case law, the Organization has a duty to maintain a fully functional internal appeals body. Further, "[s]ince compliance with internal appeal procedures is a condition precedent to access to the Tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed" (see Judgment 2197, under 33). The complainant's appeal was filed on 10 September 2004 and the Director-General's decision to endorse the appeal in part was dated 11 March 2008. This represents a significant and unacceptable delay of approximately 42 months. This delay entitles the complainant to moral damages. However, having regard to the reason for the delay (mainly obstacles in the appeal procedure) and considering the Organization's subsequent steps to rectify the situation, the Tribunal does not consider that the delay warrants an award of exemplary damages."

    Reference(s)

    ILOAT Judgment(s): 2197

    Keywords:

    administrative delay; internal appeal; internal appeals body; material damages;



  • Judgment 2878


    108th Session, 2010
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The Tribunal finds that the Organization failed to deal with the complainant's appeal in a timely and diligent manner as the internal appeal process lasted for approximately 21 months, which is unacceptable in view of the simplicity of the appeal which hinged primarily on a question of receivability (see Judgment 2841, under 9). Therefore the Tribunal awards the complainant 1,500 euros in damages."

    Reference(s)

    ILOAT Judgment(s): 2841

    Keywords:

    administrative delay; complaint allowed; complaint allowed in part; delay; internal appeal; material damages; organisation's duties; reasonable time; receivability of the complaint; time limit;



  • Judgment 2866


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4 and 5

    Extract:

    The complainant challenged the Organisation's decision not to grant her the expatriation allowance provided for in Article 72 (1) of the Service Regulations. The Tribunal held that she had failed to adduce cogent evidence that she fulfilled the requirements for the granting of the said allowance.
    "The EPO argues that although it was outside the time contemplated in Article 109(2) of the Service Regulations, a decision on the complainant's appeal was taken by the President and the appeal was forwarded to the Internal Appeals Committee prior to the complaint being filed. Accordingly, there was no longer an implicit rejection of the complainant's appeal and Article VII, paragraph 3, of the Tribunal's Statute does not apply. In its view, as the Tribunal held in Judgment 533, under 5, the complaint is irreceivable on the grounds that the internal means of redress have not been exhausted."
    "The EPO's reliance on Judgment 533 is misplaced. In the present case, by the EPO's own admission the decision was not taken within the time provided in Article 109(2) of the Service Regulations. As the Tribunal stated in Judgment 2562, under 6:
    "The EPO cannot be heard to argue that the complainant has failed to exhaust internal means of redress when the sole reason for his failing to do so was the EPO's own failure to abide by its own Service Regulations and to follow the timelines under Article 109(2). [...]"
    Accordingly, the complaint is receivable."

    Reference(s)

    ILOAT reference: Article VII, paragraph 3
    Organization rules reference: Article 109(2) of the Service Regulations
    ILOAT Judgment(s): 533, 2562

    Keywords:

    administrative delay; direct appeal to tribunal; implied decision; internal appeal; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint; time bar; time limit;



  • Judgment 2865


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Administrative authorities and organs have a duty to ensure, without prompting, that their procedures are properly conducted. It cannot be argued that a staff member has breached the principle of good faith by failing to request that these procedures be expedited. Indeed, a host of reasons connected with the employment relationship may explain that person's reluctance to chase up the advisory or decision-making organ."

    Keywords:

    administrative delay; advisory body; breach; due process; executive body; general principle; good faith; grounds; internal appeals body; international civil servant; organisation's duties; request by a party; working relations;



  • Judgment 2841


    107th Session, 2009
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7 and 9

    Extract:

    "The Tribunal is of the opinion that the complaint is irreceivable."
    "However, the Tribunal finds that the Organization failed to deal with the complainant's appeal in a timely and diligent manner. According to well established case law, '[s]ince compliance with internal appeal procedures is a condition precedent to access to the Tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed' (see Judgment 2197, under 33). In the present case, the internal appeal process lasted for approximately 18 months which is unacceptable in view of the simplicity of the appeal which hinged primarily on a question of receivability. The Tribunal therefore awards the complainant 1,500 euros in damages."

    Reference(s)

    ILOAT Judgment(s): 2197

    Keywords:

    administrative delay; complaint allowed; complaint allowed in part; delay; internal appeal; material damages; moral damages; organisation's duties; time limit;



  • Judgment 2744


    105th Session, 2008
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "In the present case, over three years have elapsed between the filing of the complainant's appeal and the issuing of the Internal Appeals Committee's opinion. Moreover, two and a half years have elapsed between the filing of the appeal and the submission of the EPO's position paper before the Committee, which constitutes an excessive delay in the proceedings. Therefore, the complainant is entitled to 1,000 euros in moral damages."

    Keywords:

    administrative delay; complaint allowed; complaint allowed in part; date; delay; internal appeal; internal appeals body; moral damages; moral injury; period; procedure; publication; report; right;



  • Judgment 2626


    103rd Session, 2007
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5(c)

    Extract:

    "Generally speaking, serving or retired staff members who turn to an internal appeal body are entitled to have their case heard within a reasonable period of time without having to endure excessive and unjustified delays resulting from the malfunctioning of that body, or from the inadequate resources at its disposal. This duty to take prompt action is reinforced where the dispute is such that it must be resolved rapidly if resolution is to serve any purpose. [...] Contrary to the defendant's view, the complainant therefore had good reason to consider that the lack of a decision within a reasonable time amounted to an implied decision of rejection which he was entitled to challenge before the Tribunal (see Judgments 499 and 791, under 2)."

    Reference(s)

    ILOAT Judgment(s): 499, 791

    Keywords:

    absence of final decision; administrative delay; competence of tribunal; complaint; direct appeal to tribunal; failure to answer claim; implied decision; injury; internal appeal; internal appeals body; international civil servant; organisation's duties; reasonable time; retirement; right;



  • Judgment 2392


    98th Session, 2005
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant submits that the internal appeal procedure took far too long. "To this the Fund makes two replies: first, that the complainant implicitly accepted the delays because she did not appeal directly to the Tribunal once she had decided that matters were dragging before the Joint Appeals Board; secondly, that a large part of the delay was due to the JAB itself [...]. Neither argument is persuasive. It is true that according to the case law a complainant may come directly to the Tribunal when the internal procedure takes too long (see Judgment 2196 and the cases cited therein), but the fact that a complainant does not take advantage of this cannot be held against him or her. Likewise, whether the delay was due to IFAD's tardiness (as a very large part of it clearly was) or to the malfunctioning of the JAB is simply irrelevant in light of the organisation's duty to provide to the members of its staff an efficient internal means of redress. The complainant is entitled to damages. (See Judgments 2072 and 2197.)"

    Reference(s)

    ILOAT Judgment(s): 2072, 2196, 2197

    Keywords:

    acceptance; administrative delay; case law; cause; complainant; complaint allowed; complaint allowed in part; delay; direct appeal to tribunal; grounds; internal appeal; internal appeals body; international civil servant; moral damages; organisation's duties; procedure; right; time limit;



  • Judgment 2325


    97th Session, 2004
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "[T]he delay of some 15 months between the selection of the successful candidate and the notification to the complainant thereof was unreasonably long. The Agency's argument to the effect that the complainant was implicitly aware of his non-selection because he knew that someone else had been placed on the post is not acceptable. It had the duty to inform the complainant in a timely manner of his non-appointment. The Agency has failed in its obligation to deal with the complainant in good faith and, while such failure can in no way affect the validity of the selection process itself, it does entitle the complainant to a nominal award of moral damages which the Tribunal fixes at 500 euros."

    Keywords:

    administrative delay; candidate; competition; complaint allowed; complaint allowed in part; duty to inform; good faith; moral injury; reasonable time; time limit;



  • Judgment 2197


    94th Session, 2003
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 33

    Extract:

    "Since compliance with internal appeal procedures is a condition precedent to access to the tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed. Here, while the [Joint Appeals] Board, once the meetings had started, came to its conclusion fairly quickly, there can be no valid excuse to justify the delay of over twenty months between the filing of the internal appeal and the start of the hearings. No doubt some of this was due to the complainant herself and the long convoluted and complicated nature of her pleadings, which frequently contradict themselves, but [the organization] cannot escape responsibility for the inordinate amount of time taken." The Tribunal awards 3 000 euros in damages.

    Reference(s)

    ILOAT Judgment(s): 2072

    Keywords:

    administrative delay; complaint allowed; complaint allowed in part; delay; internal appeal; internal appeals body; internal remedies exhausted; material damages; moral damages; oral proceedings; organisation's duties; staff member's duties;



  • Judgment 2196


    94th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The Tribunal "notes [...] that even after the filing of the complaints, it took the organisation more than a year to bring the internal appeal procedure to a conclusion. By any standards, that is an unacceptable delay. The organisation's plea that it is overwhelmed by a heavy volume and a backlog of internal appeals may be a reason, but it is not an excuse. Incompetence or a lack of resources can never justify depriving employees of their right to a speedy and just resolution of their grievances."

    Keywords:

    administrative delay; complaint; complaint allowed; complaint allowed in part; delay; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; receivability of the complaint; right;



  • Judgment 2073


    91st Session, 2001
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    The organisation modernized the Patent Office examination data management system. Consequently, superiors had access to individual examiner's data. The organisation failed to follow its own rules by delaying the adoption of a rule on data protection. "While the complainants have not shown any prejudicial consequences, the Tribunal nevertheless will sanction the [organisation]'s breach by a nominal global award of damages amounting to 1,000 German marks and a global award for costs amounting to 2,000 euros."

    Keywords:

    administrative delay; amount; breach; complainant; complaint allowed; costs; damages; injury; lack of evidence; organisation's duties; supervisor; written rule;

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Last updated: 07.06.2019 ^ top