Administrative delay (80,-666)
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Keywords: Administrative delay
Total judgments found: 79
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Judgment 1319
76th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"By causing or allowing [a delay of more than one year between the internal appeal and the final decision] and by denying the Board of Appeal the information which would have enabled it to give a timely and complete opinion on the complainant's case the organization fell short of the requirements of due administrative process and of the standards of care it must apply to its staff. In the circumstances, the complainant is entitled to the sum [...] she has claimed in damages and costs."
Keywords:
administrative delay; costs; due process; duty to inform; internal appeals body; material damages; moral injury; organisation's duties;
Judgment 1317
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 31 and 34
Extract:
"An internal appeal procedure that works properly is an important safeguard of staff rights and social harmony in an international organisation [...]. The Union is wholly to blame for [the material] shortcomings. The Appeal Board is set up under the Staff Regulations and the [organisation] has a duty to keep it at all times in proper working order."
Keywords:
administrative delay; internal appeal; internal appeals body; organisation's duties; right of appeal; safeguard;
Judgment 1243
74th Session, 1993
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"According to the case law, where a complainant does everything necessary to get a final decision but the appeal proceedings appear unlikely to end within a reasonable time, he may go to the Tribunal. Rulings to that effect are to be found, for example, in Judgments 451 and 499."
Reference(s)
ILOAT Judgment(s): 451, 499
Keywords:
absence of final decision; administrative delay; case law; complaint; decision; internal appeal; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Judgment 1233
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant objects to UNESCO's holding up her dismissal indemnity and to the slowness of the compensation procedure, for which she claims damages. "The evidence does reveal unfortunate delay and remarkable dilatoriness in settling the case. But the organization may not be held liable for any particular negligence warranting an award of special damages under this head. The delay in sorting out the various issues of the case was due to a combination of several factors: procedural complications, the changing nature of the complainant's health, her living far from headquarters, and the need - for her own sake too - for many medical inquiries."
Keywords:
administrative delay; allowance; delay; lack of injury; misconduct; refusal; request by a party; terminal entitlements;
Judgment 1207
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
"A distinction must be drawn between the upgrading of the complainant's post and his own promotion. Any regrading is bound to affect an organisation's structure and will therefore depend on the way in which work is organised. [...]
The fact that pending the outcome he was fulfilling duties pertaining to a more highly graded post that did not yet exist does not entitle him to compensation, let alone retroactive promotion. [...]"
Reference(s)
ILOAT Judgment(s): 940, 1016, 1025
Keywords:
administrative delay; date; effective date; organisation's interest; personal promotion; post; post classification; promotion;
Judgment 1192
73rd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The complainants object to the delay in handling their case throughout, from the lodging of their appeals with the Regional Boards of Appeal until the case reached the Director-General. The Tribunal holds that the time the proceedings took, though long, did not amount to any wilful disregard of the complainants' rights but was accounted for by the large number of appeals and the complexity of the issues."
Keywords:
administrative delay; internal appeal; internal appeals body; procedure before the tribunal;
Judgment 1026
69th Session, 1990
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant's appointment was terminated upon the abolition of his post. The organization offered him 5000 United States dollars in compensation for the delay in dealing with the case. The Tribunal holds that this "does not measure up to the degree of moral and material injury [the organization] has caused the complainant, whose health has grown much worse since termination. The Tribunal believes that more reasonable awards would be $8,000 in damages and $2,000 towards costs."
Keywords:
abolition of post; administrative delay; amount; costs; internal appeal; internal appeals body; moral injury; terminal entitlements; termination of employment;
Judgment 999
68th Session, 1990
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Since the breach of due process in the internal appeal proceedings has held up the final determination of the matter and caused the complainant injury whatever the outcome may eventually be, the Tribunal orders the Organization to pay him lump-sum damages in the amount of 500 United States dollars."
Keywords:
administrative delay; amount; injury; judgment of the tribunal; material damages; moral injury; procedural flaw;
Judgment 942
65th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Because of the complexity and length of the proceedings and the protracted correspondence that had to be conducted with the organization, the Tribunal awards 10,000 French francs in costs."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
administrative delay; amount; costs; procedure before the tribunal;
Judgment 897
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Following a promotion, the complainant was no longer entitled to a language allowance. In its place she was awarded a compensatory payment after an eighteen month delay. She regards the language allowance as part of her salary and seeks the grant of a further step. As in Judgment 737 the Tribunal dismisses her claims but awards her costs because of the delay in payment of compensation to which she was entitled.
Reference(s)
ILOAT Judgment(s): 737
Keywords:
administrative delay; compensatory allowance; compensatory measure; consequence; costs; discontinuance; language allowance; payment; promotion; reduction of salary; salary;
Judgment 890
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's appointment was confirmed only after an extension of his probation. Because he was not notified in time of the decision to extend the probationary period, the complainant seeks to have it set aside. "Where it finds a formal flaw, the Tribunal will determine whether it taints the essence of the decision. [...] Late communication therefore will not make the decision unlawful unless the probationer suffers injury. The complainant did not."
Keywords:
administrative delay; date; extension of contract; flaw; formal flaw; injury; lack of injury; probation report; probationary period; right to reply;
Consideration 4
Extract:
The complainant contends that the decision not to confirm his appointment but to extend his probation is invalid because he received overdue notice thereof. The organisation points out that though the complainant was aware of the unfavourable report, he did not himself pursue the matter. "In law the organisation must show not just that the complainant failed to act but that it gave him timely notice of the decision or else that his evasiveness prevented it from doing so."
Keywords:
administrative delay; burden of proof; date of notification; decision; evidence; organisation;
Judgment 874
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"A debt of moneys is to be discharged by the date of payment stipulated either in the contract or by some general provision. Where payment is late, the rule is that there shall be a compensatory award of interest, the amount being set without making the creditor show specific injury."
Reference(s)
ILOAT Judgment(s): 792
Keywords:
administrative delay; amount; date; delay in payment; execution of judgment; injury; interest on damages; judgment of the tribunal; payment;
Judgment 806
61st Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"The procedural flaw the complainant alleges is that the EPO will fully let the appeal proceedings drag on so as to thwart his hopes of promotion. The plea fails. The EPO may not be taken to task for awaiting the Tribunal's ruling on the earlier complaint." In addition the EPO resorted to an extraordinary procedure so that his promotion could be awarded.
Keywords:
administrative delay; consequence; lack of injury; performance report; procedural flaw; procedure before the tribunal; promotion; rebuttal;
Judgment 730
58th Session, 1986
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"In the present case the Tribunal, having found that in all the circumstances the complainant exercised due diligence in the pursuit of his remedies and consequently that his failure to file a complaint within the prescribed period was caused solely by the organization's breach of obligation to render the necessary assistance, concludes that the delay does not render the complaint irreceivable."
Keywords:
administrative delay; complaint; exception; negligence; organisation; organisation's duties; procedure before the tribunal; receivability of the complaint; time bar;
Judgment 724
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The procedure relating to Mr. V.'s first report lasted from 10 September 1980 until 7 June 1983, when the President went back on his decision to approve it. that was far too long. [...] For these reasons, and also in view of his age and record, the Tribunal will award him moral damages".
Keywords:
administrative delay; injury; moral injury; performance report;
Judgment 665
56th Session, 1985
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The reason given for non-renewal of the complainant's contract was unsatisfactory performance. The evaluation report for 1981 was signed long after the time limit laid down in the Staff Rules. Only a few weeks elapsed between the completion of the 1981 report and the processing of the 1982 report. As a result, the impugned decision took no account of the fact that between the complainant's two last performance reports he was not given time to add his objections or to show he could come up to expectation. The decision overlooked an essential fact and drew clearly mistaken conclusions from the evidence. The complainant is entitled to damages.
Keywords:
administrative delay; contract; disregard of essential fact; fixed-term; flaw; material damages; mistaken conclusion; moral injury; non-renewal of contract; performance report; right to reply; time limit; unsatisfactory service;
Judgment 620
53rd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The internal proceedings began on 30 September 1974 and ended on 8 April 1983. The original decision was not taken until 8 September 1976. Two years passed before the medical experts delivered their findings. Still more time elapsed before the Advisory Committee and the Appeals Committee made their recommendations. "This is no ordinary lapse of time. [...] The delay was largely the FAO's own fault. That is not, however, a decisive point since there is no evidence to suggest that the medical experts' findings would, if delivered earlier, have been any different."
Keywords:
administrative delay; flaw; procedure before the tribunal;
Judgment 565
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant's present supervisors appraise his performance in terms identical or similar to those used by his earlier supervisors. There is no sign of prejudice against him. The lateness of the report is accounted for by the changes which took place. The papers which were not properly communicated to the complainant are unlikely to have been will fully concealed from him. The plea of prejudice therefore fails.
Keywords:
administrative delay; bias; performance report; work appraisal;
Consideration 8
Extract:
The complainant has been working in the organisation for 20 years. His advancements in grade have been due either to a reorganisation or to review of his duties. He has sought, in vain, a more senior post. Younger officials have reached higher grades. He has never been awarded a special salary increment. "Accordingly, life being what it is, even though he has misconstrued the reasons for the irregularities in his [performance report], he was particularly affected by them. For the moral injury he has suffered he is entitled to compensation".
Keywords:
administrative delay; flaw; injury; moral injury; performance report;
Consideration 8(A)
Extract:
"There are no grounds for supposing that if the report had been made properly the complainant would have derived financial benefit from appointment to a higher post." Since the start of his career, the complainant has entered competitions, with comparable performance reports, and been unsuccessful on every occasion. It is unlikely that he would have fared better in the most recent competition if he had properly been able to refer to the report. No material injury.
Keywords:
administrative delay; flaw; material injury; performance report;
Judgment 553
50th Session, 1983
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1-2
Extract:
The material judgment was immediately operative. "The complainant seeks, and is entitled to, payment of interest in compensation for the damage he has suffered through the [organisation's] delay in giving effect to the judgment".
Reference(s)
ILOAT Judgment(s): 463
Keywords:
administrative delay; application for execution; execution of judgment; injury; interest on damages; judgment of the tribunal; penalty for delay;
Judgment 529
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
According to the complainant, personal prejudice is evidenced by the delay. "It does not follow that because the reclassification exercise was protracted the organization was prejudiced against the complainant. Indeed the reclassification required careful fact-gathering and evaluation which was by its nature time-consuming."
Keywords:
administrative delay; bias; post classification;
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