Time limit (108, 110, 111, 112, 113, 114, 115, 116, 433, 771, 772, 773, 774, 775, 776, 777, 778, 781,-666)
You searched for:
Keywords: Time limit
Total judgments found: 335
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Judgment 1019
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Vide Judgment 1020.
Reference(s)
ILOAT Judgment(s): 1020
Keywords:
compensatory allowance; compensatory measure; notice; refusal; start of time limit; termination of employment; time limit; transfer; transfer of headquarters;
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;
Judgment 1010
68th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant appealed against the decision to dismiss him after the expiry of the time-limit. He maintains that "he was never told of the time limits in the rules. Though that plea might succeed in exceptional cases, it cannot in this one, since the complainant was given a copy of the Staff Regulations and Staff Rules on conclusion of the contract of appointment."
Keywords:
duty to inform; internal appeal; staff regulations and rules; time limit;
Consideration 5
Extract:
The complainant's internal appeal against termination after the extension of his probation is time-barred. He argues "that an unregistered letter from someone other than the Director-General cannot constitute proper notice of dismissal or of extension of probation. [The] plea fails [...]. Provided that the staff member is given official notice of a decision the time limit starts to run and there is no need for special procedural formalities. And the absence of the Director-General's signature can have no effect on the time limit for appeal even though it may in some circumstances warrant setting the decision aside."
Keywords:
consequence; decision; flaw; formal flaw; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 1006
68th Session, 1990
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
In 1988 the Secretary-General decided to reverse a decision which the then Secretary-General took in 1979 to grant the complainant non-local status. The reason for the reversal was that the original decision had not been warranted. The Tribunal holds that "even if that decision was based on facts that were wrong and even if there was misinterpretation of Regulation 16 [now Staff Rule 14.6 on how to determine an official's home], it was in any event too late by 1988 to reverse a decision that the organization had already abided by for almost nine years." The impugned decision is quashed.
Reference(s)
Organization rules reference: RULE 14.6 OF THE WTO STAFF REGULATIONS
Keywords:
flaw; local status; non-local status; time limit; withdrawal of decision;
Judgment 1005
68th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant claimed the benefit of a decision delivered on 12 December 1986 (Judgment 792). She got notice of the organisation's final decision to refuse her claim in a letter dated 26 February 1988. But she failed to challenge that decision within the ninety-day limit laid down in Article VII(2) of the Statute. So her complaint is time-barred.
Reference(s)
ILOAT reference: ARTICLE VII(2) OF THE STATUTE
Keywords:
complaint; enforcement; judgment of the tribunal; receivability of the complaint; request by a party; time bar; time limit;
Judgment 997
68th Session, 1990
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"As the Tribunal held in Judgment 647, provided a communication takes the form of a decision, its lawfulness is immaterial for the purpose of lodging an appeal." In the circumstances of the case the complainant's internal appeal against a decision requiring him to take home leave before a specified date was time-barred. The complaint is irreceivable.
Reference(s)
ILOAT Judgment(s): 647
Keywords:
consequence; decision; flaw; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 995
68th Session, 1990
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"According to Article VII(1) of the Tribunal's Statute a complaint shall not be receivable unless the impugned decision is final, the complainant having exhausted the means of redress available to him under the staff regulations. That constitutes a requirement to follow any internal procedure laid down in the Staff Regulations: the staff member must not only respect the time limits for appeal but also comply with any stipulations as to procedure in the Regulations or Implementing Rules."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
enforcement; internal appeal; internal remedies exhausted; procedure before the tribunal; receivability of the complaint; staff regulations and rules; time limit;
Judgment 994
68th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Three successive decisions to promote the complainant were taken: a promotion by direct selection from grade G.6 to P.3 as from 1 July 1986; a personal promotion from G.6 to G.7 as from 1 January 1985 and the outcome of a procedure which led to his post being regraded from G.6 to P.3 effective on 1 February 1984. The complainant challenges the Administration's decision to treat the regrading decision as void. The regrading decision was accepted by the complainant and showed no flaw. As it became final on the expiry of the time limit for challenge, the Administration may not go back on it.
Keywords:
condition; cumulative decisions; flaw; personal promotion; post classification; professional category; promotion; time limit; withdrawal of decision;
Judgment 977
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Having made his 13.1 request for review on 7 October 1987, the complainant submitted a 'complaint' under 13.2 on 8 April 1988. The lodging of the 13.1 request and the substance of it show that the complainant had become aware of the 'treatment complained of' over six months before he lodged his 'complaint', and it was therefore out of time under 13.2."
Reference(s)
Organization rules reference: ARTICLE 13.1 OF THE ILO STAFF REGULATIONS;
ARTICLE 13.2 OF THE ILO STAFF REGULATIONS
Keywords:
date of notification; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 960
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organisation argues that the complainant's internal appeal against the application of the amended scale of pensionable remuneration was time-barred. The plea fails. The Tribunal holds that "although [the complainant] must have known for over two years that amending the scale would have consequences when she left she could not know what the financial consequences would be."
Keywords:
amendment to the rules; amount; consequence; decision; internal appeal; pension; pensionable remuneration; receivability of the complaint; reduction of salary; retirement; scale; separation from service; start of time limit; time bar; time limit;
Judgment 955
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant's "argument that he was late in discovering that the decision had been unlawful is irrelevant: a time limit is a matter of objective fact and starts when the decision is notified. if that were not so - whatever considerations of equity there might be - there could be no certainty in legal relations between the parties, and such certainty is the whole point and purpose of time limits. An exception might be allowed only if the organisation had acted in bad faith and misled the official."
Keywords:
consequence; decision; exception; flaw; good faith; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
Consideration 4
Extract:
"Article VII[1] of the Tribunal's Statute provides that a complaint will not be receivable unless the official has exhausted the internal means of redress. to satisfy that requirement it is not enough for the official to submit an internal appeal: he must submit it in time."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;
Judgment 949
65th Session, 1988
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant retired in December 1985. He is seeking inter alia recognition of his actual duties from the date of appointment in August 1970, reinstatement at grade P.2 as from 31 August 1970, and revision of his retirement pension. "The complaint is clearly irreceivable both because the complainant is not impugning any decision and because any time limit for appealing against the injury he alleges expired many years ago."
Keywords:
cause of action; complaint; no cause of action; receivability of the complaint; retirement; summary procedure; time bar; time limit;
Judgment 941
65th Session, 1988
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
The organisation maintains that the complaint was time-barred as it was not filed within ninety days of the implied decision to reject it arising out of the administration's silence. The Tribunal holds that "the organisation may not plead its own failure to act. The complainant had good reason to infer [and had done his utmost to ensure] that his claim was still under review."
Keywords:
complaint; failure to answer claim; good faith; implied decision; internal appeal; negligence; organisation; receivability of the complaint; time bar; time limit;
Judgment 935
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"No final decision has yet been taken on conclusion of the conciliation procedure. As the organisation observes in its reply, the conciliation procedure does not form part of the appeal proceedings and [...] is not subject to any time limit."
Keywords:
absence of final decision; internal appeal; internal remedies exhausted; procedure before the tribunal; receivability of the complaint; time limit;
Judgment 931
65th Session, 1988
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant contends that he was entitled to costs inasmuch as he was granted satisfaction pendente lite and because his complaint was receivable at the date of filing. The Tribunal holding that his appeal was premature and therefore irreceivable, his claim for costs fails.
Keywords:
absence of final decision; case pending; costs; failure to answer claim; internal remedies exhausted; receivability of the complaint; settlement out of court; time limit;
Judgment 918
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Provided a communication takes the form of a decision, its lawfulness is immaterial to the reckoning of the time limit: to hold otherwise would impair the stability of the parties' position in law, which is the purpose of the time limit."
Keywords:
consequence; decision; flaw; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 905
64th Session, 1988
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Under Article VII[1] of the Tribunal's Statute a complaint will not be receivable unless it challenges a final decision or, under VII[3], an implied one. Since the organisation did not take an express final decision within 60 days of the date on which the complainant notified his claim by letter of 4 June 1987, his claim is receivable under VII[3] in the same manner as one challenging an express final decision."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE
Organization rules reference: ARTICLES 3.2.1 AND 5.3 OF THE CIPEC STAFF REGULATIONS
Keywords:
failure to answer claim; implied decision; internal appeal; internal remedies exhausted; receivability of the complaint; time limit;
Judgment 890
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The probationer [is] plainly entitled to be given a full explanation of the assessment of his work in sufficient time to enable him to make comments of his own before the President takes a decision."
Keywords:
date; probation report; purpose; right to reply; time limit;
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;
Consideration 11
Extract:
"Since the complainant failed to file his internal appeal in time his complaint is irreceivable. According to Article VII of the Statute a complaint is receivable only if the internal means of redress have been exhausted."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;
Judgment 857
63rd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal has said there must be reasonable notice of non-renewal, with due regard to the particular circumstances of each case. But she was well warned, for the first time orally over a year before expiry and in writing fifty days before, that her appointment would not be renewed."
Keywords:
contract; fixed-term; non-renewal of contract; notice; organisation's duties; reasonable time; time limit;
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