Internal remedies exhausted (88, 89, 656, 743,-666)
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Keywords: Internal remedies exhausted
Total judgments found: 307
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Judgment 4765
137th Session, 2024
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to open an administrative investigation into his conduct, and the dismissal of his harassment complaint.
Consideration 3
Extract:
As regards the dismissal of the harassment complaint lodged by the complainant on 19 October 2020, the Tribunal notes that he did not challenge that decision using the appeal procedures provided for in Article 92 of the Staff Regulations governing officials of the Eurocontrol Agency. Under Article 92(2), the complainant ought to have submitted an internal complaint against the decision on his harassment complaint. Instead, he impugned it directly before the Tribunal. The complaint is therefore irreceivable in this respect as the complainant contravened the requirement laid down in Article VII, paragraph 1, of the Statute of the Tribunal that internal means of redress be exhausted.
Keywords:
harassment; internal remedies exhausted;
Judgment 4542
134th Session, 2022
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her performance evaluation during her probationary period.
Consideration 4
Extract:
[T]he complainant’s internal appeal was receivable. Contrary to what IFAD submits, the complaint before the Tribunal is therefore receivable under Article VII, paragraph 1, of the Statute of the Tribunal to the extent that it seeks the setting aside of the decision of 20 February 2017. In addition, the decision of 20 February 2017 is tainted by an error of law in that it rejected the complainant’s appeal as time-barred.
Keywords:
internal remedies exhausted; late appeal; receivability of the complaint;
Judgment 4517
134th Session, 2022
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks restoration of her entitlements to healthcare and health insurance.
Consideration 7
Extract:
As it stands, the complaint must [...] be dismissed as irreceivable on the grounds that the complainant failed to exhaust the internal remedies provided for in the applicable Staff Regulations, it being recalled that, under the Tribunal’s settled case law, to comply with this condition of receivability, the complainant must not only have exhausted the internal remedies but also duly complied with the applicable rules and time limits (see, for example, Judgments 1244, considerations 1 and 4, or 4101, consideration 3).
Reference(s)
ILOAT Judgment(s): 1244, 4101
Keywords:
internal remedies exhausted;
Judgment 4478
133rd Session, 2022
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to impose on him the disciplinary measure of delayed advancement to the next salary step for a period of 20 months, pursuant to Staff Rule 10.1.1.
Consideration 4
Extract:
[A]ccording to the case law, a suspension decision has, by itself, an immediate, material, legal and adverse effect and can be challenged by itself (see, for example, Judgment 4237, consideration 8, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 4237
Keywords:
internal remedies exhausted; suspension;
Judgment 4444
133rd Session, 2022
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to dismiss him on disciplinary grounds.
Consideration 4
Extract:
[The defendant] argues that any claim for material damages that may be inferred from the complaint is irreceivable, pursuant to Article VII, paragraph 1, of the Tribunal’s Statute, because the complainant did not exhaust the internal means of redress available to him regarding such a claim. The Tribunal however observes that, although the complainant did not request material damages in his appeal […] to the Executive Director against the termination decision, he requested material damages in his appeal to the Appeals Committee [….] Moreover, as the Appeals Committee found the complainant’s internal appeal receivable ratione materiae, which would have included the claim for material damages, and the final decision accepted the recommendations of the Committee, the Organization is precluded from raising this plea before the Tribunal.
Keywords:
estoppel; internal remedies exhausted; receivability of the complaint;
Judgment 4369
131st Session, 2021
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment.
Consideration 5
Extract:
Under the Tribunal’s case law, the decision to abolish a post and the consequent decision to terminate the appointment of the holder of that post, in the event that she or he is not reassigned, are legally separate (see, for example, Judgment 3905, consideration 15) and “the abolition decision is an administrative decision challengeable with the Tribunal in accordance with Article II of its Statute”, provided that the complainant has exhausted the internal means of redress that may be available to her or him (see also Judgments 3928, consideration 14, and 3929, consideration 13). Thus, since an internal appeal was not lodged in the prescribed period, the decision to abolish the complainant’s post has become final and cannot be contested in these proceedings.
Reference(s)
ILOAT Judgment(s): 3905, 3928, 3929
Keywords:
abolition of post; internal remedies exhausted;
Judgment 4365
131st Session, 2021
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant requests the review of Judgment 4224.
Consideration 6
Extract:
[T]he complainant submits that by refusing UNESCO’s request that it be allowed to confine its reply to the issue of the receivability of the complaint, the President of the Tribunal had necessarily dismissed UNESCO’s objection to receivability.
The complainant is mistaken. The President’s decision, issued in the exercise of his general power to direct the conduct of the proceedings, in no way prejudged the receivability of the complaint and had no bearing on the complainant’s duty to exhaust internal remedies.
Keywords:
internal remedies exhausted; receivability of the complaint;
Judgment 4271
129th Session, 2020
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: After the delivery of Judgment 4006, the complainant re-submitted to the new Registrar of the ICC a harassment grievance on the part of the former Registrar. He filed his complaint directly with the Tribunal, considering that he did not receive a final decision on his grievance within the prescribed time limit.
Considerations 2-3
Extract:
In filing his complaint with the Tribunal, the complainant relies on Article VII, paragraph 3, of its Statute. He considers that as he did not receive a final decision within sixty days of the date on which the DAB’s report was submitted to the Registrar, he is entitled to proceed directly to the Tribunal, by filing a complaint within the following ninety-day period.
This approach is mistaken. As the Tribunal recalled in Judgments 4174, consideration 4, and 3975, consideration 5, for example, it is clearly established in the case law that where the Administration takes any action to deal with a claim, this step in itself constitutes a “decision upon [the] claim” within the meaning of Article VII, paragraph 3, of the Statute, which forestalls an implied rejection that could be referred to the Tribunal. Moreover, firm precedent has it that when an organisation forwards a claim before the expiry of the prescribed period of sixty days to the competent authority, this step in itself constitutes “a decision upon [the] claim” within the meaning of this provision (see, on these points, Judgments 532, 762, 786, 2681, 3034 and 3956). In the present case, it is obvious that the complainant’s grievance has been examined in accordance with the procedure set forth in the Administrative Instruction ICC/AI/2005/005. His complaint therefore cannot be considered receivable under Article VII, paragraph 3, of the Statute.
Reference(s)
ILOAT Judgment(s): 532, 762, 786, 2681, 3034, 3956, 3975, 4174
Keywords:
direct appeal to tribunal; internal remedies exhausted; summary procedure;
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; internal remedies exhausted; summary procedure;
Judgment 4269
129th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former EPO employee subjected to a “house ban”, seeks to impugn the decision to reject his requests for review.
Consideration 6
Extract:
Article VII, paragraph 1, of the Statute of the Tribunal provides 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 redress as are open to her or him under the applicable Staff Regulations”. It is clear from the file that the email [...] from the Conflict Resolution Unit, which confirmed that the complainant’s challenge to the house ban imposed on him was being addressed through the internal appeal procedure, does not constitute a final decision for the purposes of Article VII, paragraph 1, of the Tribunal’s Statute.
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
Keywords:
final decision; internal remedies exhausted;
Judgment keywords
Keywords:
complaint dismissed; internal remedies exhausted; receivability of the complaint; summary procedure;
Judgment 4268
129th Session, 2020
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who was suspended and revoked for having behaved inappropriately, challenges the delay in the appeal proceedings.
Consideration 11
Extract:
Under the Tribunal’s case law, an argument based on an inordinate and inexcusable delay may not be accepted unless a complainant shows that the requirement to exhaust the internal remedies has had the effect of paralysing the exercise of her or his rights. It is only then that she or he is permitted to come directly to the Tribunal where the competent bodies are not able to determine an internal appeal within a reasonable time, depending on the circumstances. A complainant can make use of this possibility only where she or he has done her or his utmost, to no avail, to accelerate the internal procedure and where the circumstances show that the appeal body was not able to reach a decision within a reasonable time (see Judgments 3558, consideration 9, or 4200, consideration 3).
Reference(s)
ILOAT Judgment(s): 3558, 4200
Keywords:
direct appeal to tribunal; internal remedies exhausted;
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; internal remedies exhausted; summary procedure;
Judgment 4242
129th Session, 2020
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to consider her claim for compensation for illness attributable to the performance of official duties.
Judgment keywords
Keywords:
complaint dismissed; illness; internal remedies exhausted; receivability of the complaint; service-incurred;
Judgment 4226
129th Session, 2020
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss him for misconduct.
Judgment keywords
Keywords:
complaint dismissed; internal remedies exhausted; receivability of the complaint;
Consideration 8
Extract:
It is difficult to say, in the face of this correspondence, that the complainant’s internal appeal had been paralysed. It is true that the appeal remained unaddressed by the Appeals Committee for a very long time though, in fact, a notice of hearing was issued on 4 April 2018 advising the complainant that the hearing would be held on 8 May 2018, which was later rescheduled to 22 May 2018 when it actually occurred. But the complainant was being told that his appeal would be heard and efforts were being made to ensure that that would happen. The appeal process was not paralysed and the complainant had not exhausted internal means of redress when he filed his complaint with the Tribunal. By operation of Article VII, paragraph 1, his first complaint is irreceivable and should be dismissed.
Keywords:
internal remedies exhausted; receivability of the complaint;
Consideration 4
Extract:
Article VII, paragraph 1, of the Tribunal’s Statute is clear in its terms. It provides that “[a] complaint shall not be receivable unless [...] the person concerned has exhausted such other means of redress as are open to her or him under the applicable Staff Regulations”. Article VII, paragraph 1, is satisfied when the complainant’s internal appeal has been paralysed (see, for example, Judgments 3685, consideration 6, 3302, consideration 4, and 2939, consideration 9) and the complainant has done her or his utmost to have the internal appeal resolved (see, for example, Judgments 2039, consideration 4, and 1674, consideration 6(b)). This case law simply identifies circumstances where the complainant can be treated as having exhausted internal means of redress, thus satisfying the provisions of the Article notwithstanding that, as a matter of fact, either an internal appeal body has not addressed the appeal or the executive head of the organisation has not done so at the time the complaint was filed with the Tribunal.
Reference(s)
ILOAT Judgment(s): 1674, 2039, 2939, 3302, 3685
Keywords:
delay; direct appeal to tribunal; internal remedies exhausted; receivability of the complaint;
Judgment 4225
129th Session, 2020
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision rejecting her requests to reclassify her post and to grant her a special post allowance at grade P-3.
Judgment keywords
Keywords:
administrative decision; complaint dismissed; internal remedies exhausted; receivability of the complaint;
Judgment 4224
129th Session, 2020
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the disciplinary measure of summary dismissal imposed on him.
Judgment keywords
Keywords:
complaint dismissed; former official; internal remedies exhausted;
Judgment 4222
129th Session, 2020
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the refusal of UNESCO to award full compensation for the injury suffered as a result of an accident recognized as being service-incurred.
Considerations 6-8
Extract:
The case law of the Tribunal establishes that, when under an organization’s Staff Rules and Staff Regulations only serving officials have access to the internal appeal procedures, former officials have no possibility of using them and they are then entitled to file a complaint directly with the Tribunal (see, for example, Judgments 2840, consideration 21, 3074, consideration 13, or 3156, consideration 9).
In the case of UNESCO, the Tribunal has already held that Staff Regulation 11.1, Staff Rule 111.1 and the Statutes of the Appeals Board confine access to internal means of redress to “staff members”, in other words solely to serving officials. In pursuance of this case law, it held that a former staff member could not use the internal means of redress to challenge a decision taken after she had left the Organization (see Judgment 2944, consideration 20).
However, the wording of the provisions of paragraph 7 of the Statutes of the Appeals Board makes it clear that a staff member who “has been separated” may submit an appeal to the Board. As the Tribunal explained in Judgment 3398, considerations 2 and 6, the internal means of redress established by the Staff Regulations and Staff Rules are open to any person who has been affected by a decision in her or his capacity as an official, even if she or he has since left the Organization. A staff member of UNESCO whose appointment has ended is therefore still entitled to use the internal means of redress if she or he wishes to challenge a decision taken before her or his separation.
Reference(s)
ILOAT Judgment(s): 2840, 2944, 3074, 3156, 3398
Keywords:
direct appeal to tribunal; internal appeal; internal remedies exhausted;
Judgment 4221
129th Session, 2020
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her request for reclassification of her post.
Consideration 8
Extract:
[C]onsistent principle has it that a complainant must comply with the time limits and the procedures, as set out in the organisation’s internal rules and regulations (see, for example, Judgment 3947, consideration 4, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 3947
Keywords:
internal remedies exhausted; receivability of the complaint; time limit;
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;
Judgment 4206
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant argues that the exercise of his right of appeal is paralyzed in view of excessive delays in the internal appeal process.
Judgment keywords
Keywords:
complaint dismissed; internal remedies exhausted; summary procedure;
Judgment 4205
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the EPO, seeks the restoration of his rights with respect to two complaints withdrawn in 2015.
Judgment keywords
Keywords:
complaint dismissed; internal remedies exhausted; summary procedure;
Judgment 4200
128th Session, 2019
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns an implied decision to dismiss his appeal against the outcome of a recruitment process.
Consideration 3
Extract:
It is firmly established in the case law that the rules governing the receivability of complaints filed with the Tribunal are established exclusively by its own Statute (see, for example, Judgment 3889, consideration 3). The mere fact that the organization did not respect the time limits set out in its own Staff Rules does not mean that the internal procedure was necessarily paralyzed. [...] Even if the statutory time limit was not respected, which is doubtful in the present case, an argument based on an inordinate and inexcusable delay may only be accepted where the complainant “shows that the requirement to exhaust the internal remedies has had the effect of paralysing the exercise of her or his rights. It is only then that she or he is permitted to come directly to the Tribunal where the competent bodies are not able to determine an internal appeal within a reasonable time, depending on the circumstances. A complainant can make use of this possibility only where [she or] he has done his utmost, to no avail, to accelerate the internal procedure and where the circumstances show that the appeal body was not able to reach a decision within a reasonable time [...]” (see Judgment 3558, consideration 9 (emphasis added), and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 3558, 3889
Keywords:
direct appeal to tribunal; internal remedies exhausted; receivability of the complaint;
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; internal remedies exhausted; summary procedure;
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