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Time limit (108, 110, 111, 112, 113, 114, 115, 116, 433, 771, 772, 773, 774, 775, 776, 777, 778, 781,-666)

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Keywords: Time limit
Total judgments found: 307

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  • Judgment 727


    58th Session, 1986
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The complainant is mistaken in his contention that the filing of a suit with the municipal courts can have any effect on the receivability of a complaint lodged with the Tribunal. Suing Eurocontrol before the Sittard court did not have the effect of suspending the time limit for filing this complaint."

    Keywords:

    complaint; effect; inquiry; investigation; municipal court; new time limit; receivability of the complaint; time bar; time limit;



  • Judgment 724


    58th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "According to Article VII(3) of the Statute of the Tribunal, an official may have recourse to the Tribunal where the administration fails to take a decision upon his claim within 60 days of its notification."

    Reference(s)

    ILOAT reference: ARTICLE VII(3) OF THE STATUTE

    Keywords:

    failure to answer claim; implied decision; internal appeal; receivability of the complaint; time limit;



  • Judgment 706


    57th Session, 1985
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Judgment 607 was delivered on 12 April 1984 and executed on 21 August 1984. The Tribunal found such a lapse to be reasonable.

    Reference(s)

    ILOAT Judgment(s): 607

    Keywords:

    execution of judgment; judgment of the tribunal; reasonable time; time limit;



  • Judgment 703


    57th Session, 1985
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The holder of a fixed-term appointment is entitled to know the date of separation early enough to enable him to arrange things."

    Keywords:

    contract; fixed-term; non-renewal of contract; notice; organisation's duties; reasonable time; secondment; time limit;



  • Judgment 698


    57th Session, 1985
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "It is immaterial that there was correspondence after the decision of 24 May. insofar as that correspondence related to the issues decided on 24 May it merely confirmed the decision and set off no new time limit for lodging an internal appeal."

    Keywords:

    complaint; confirmatory decision; internal appeal; internal remedies exhausted; new time limit; receivability of the complaint; time bar; time limit;



  • Judgment 697


    57th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The Tribunal will hold the internal means of redress to have been exhausted if the complainant has pursued them with all diligence but without being able within a reasonable period of time to obtain a result. In this case, for the Tribunal to entertain the complaint, the complainant would have to satisfy it that there was no objective prospect of the internal process being concluded within a reasonable time. He has not done so.

    Keywords:

    failure to answer claim; internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;



  • Judgment 685


    57th Session, 1985
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant objects to the detriment to himself and his family caused by his assignment to Nepal. So the decision he impugns is the one informing him of his transfer, of which he got notice in March 1981. Since he waited until March 1983 to put his case to the Appeal Board the complaint is irreceivable.

    Keywords:

    consequence; internal appeal; receivability of the complaint; start of time limit; time bar; time limit; transfer;



  • Judgment 676


    56th Session, 1985
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    A staff member may ask the administration for review of a decision either when some new and unforeseeable fact of decisive importance has occurred since the decision was taken or where the staff member is relying on facts or evidence of which he was not and could not have been aware before the decision was taken. If either condition is fulfilled the administration is under a duty to review, and the new decision will set a new time limit.

    Keywords:

    case reopened; complainant; condition; internal appeal; internal appeals body; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; request by a party; start of time limit; time limit;



  • Judgment 666


    56th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Any person to whom the Tribunal is open under Article II of its Statute may apply to intervene in a case on the conditions stated in Article 17[2] of the Rules of court. Applications to intervene may be made at any stage, and the Tribunal decides whether they shall be allowed. The applications to intervene in the present case are receivable and the Tribunal's ruling on the merits of the complaints will hold good for the applications as well."

    Reference(s)

    ILOAT reference: ARTICLE 17, PARAGRAPH 2, OF THE RULES;
    ARTICLE II OF THE STATUTE


    Keywords:

    intervention; locus standi; receivability of the complaint; time limit;



  • 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 660


    56th Session, 1985
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The material decision would have had the effect of setting a new time limit for filing a complaint only if it had altered the previous decision or at least provided further justification for it. Since it amounted to mere confirmation, it does not affect the irreceivability of the complaint as held by the Tribunal.

    Keywords:

    confirmatory decision; decision; new time limit; receivability of the complaint; time bar; time limit;



  • Judgment 659


    56th Session, 1985
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Vide Judgment 660, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 660

    Keywords:

    confirmatory decision; decision; new time limit; receivability of the complaint; time bar; time limit;



  • Judgment 654


    55th Session, 1985
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant submitted a 'complaint' to the Director-General long after expiration of the time limit set by the applicable provisions. "He cannot therefore be deemed to have exhausted the internal means of redress provided in the Staff Regulations, and his present complaint is irreceivable."

    Keywords:

    internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;



  • Judgment 650


    55th Session, 1985
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainants contend that the organisation had been in continuous breach of its obligations by failing to safeguard their enjoyment of entitlements they had before a specific date. They therefore allege that the organization acted unlawfully since that date. "The impugned decision therefore recurred right up to the date of the internal appeal, and that appeal was in time. The internal means of redress must be deemed to have been exhausted even though the Board did not go into the merits."

    Keywords:

    allowance; continuing breach; payment; receivability of the complaint; time limit;



  • Judgment 649


    55th Session, 1985
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    In this case, "the Board's further comments and the Director-General's further approval did not alter a whit the previous comments and decision. Being mere confirmation, they set off no new time limit for filing a complaint. The complaint is irreceivable because" the time limit for filing it had expired.

    Keywords:

    confirmatory decision; internal appeal; new time limit; receivability of the complaint; time bar; time limit;



  • Judgment 647


    55th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Although time limits are essential to sound administration, the organisation must not use them in breach of the complainant's good faith."

    Keywords:

    exception; good faith; internal appeal; purpose; time limit;

    Consideration 3

    Extract:

    "Even if the letter [...] had been written without authority, the decision therein would not cease to exist on that account. [...] Provided a communication takes the form of a decision its lawfulness is immaterial to the reckoning of the time limit for lodging an appeal. To hold otherwise would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of a time limit."

    Keywords:

    competence; consequence; decision; decision-maker; flaw; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;



  • Judgment 634


    54th Session, 1984
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The internal appeal lodged by the complainant was time-barred. Thus, "he has failed to comply with the provisions of Article VII of the Statute of the Administrative Tribunal, which require that he shall have exhausted such other means of resisting the impugned decision as were open to him under the applicable Staff Regulations."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;



  • Judgment 632


    54th Session, 1984
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The applicable provision requires compensatory leave to be taken within two months of the date of accrual. "Indeed it is difficult to see how leave can be compensatory if it is taken at a time far remote from the period when the overtime was performed. [...] The complainant has retired from the [organization] and it is not now possible to grant compensatory leave to him. [...] The only solution is for the WHO to pay the complainant the difference in overtime rates".

    Keywords:

    compensatory leave; overtime; payment; retirement; separation from service; time limit;



  • Judgment 612


    53rd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant's submission of an internal appeal was time-barred; for not having correctly followed the internal procedure, her complaint is irreceivable. The discovery of an allegedly unlawful decision does not affect the time limit for internal appeal. The only exception is where the organisation has misled the complainant in breach of good faith.

    Keywords:

    consequence; decision; exception; flaw; good faith; internal appeal; internal remedies exhausted; new time limit; receivability of the complaint; start of time limit; time bar; time limit;



  • Judgment 607


    52nd Session, 1984
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The organisation contends that the complainant, who knew that his contract had expired, had no reason to expect to be notified of its non-renewal. He should therefore have challenged the decision not to renew, which was implicit in the expiry of his appointment, in time. "To allow [the organisation's] plea would enable its competent officers to resolve to deal with such questions only if they thought fit. That would make for an increase in the number of claims dealt with ex gratia on the grounds that they had not been lodged on expiry of the appointment, and so administration would become arbitrary."

    Keywords:

    contract; fixed-term; internal appeal; non-renewal of contract; receivability of the complaint; start of time limit; time bar; time limit;

    Consideration 5

    Extract:

    On questions of principle, the Tribunal holds that "a staff member whose fixed-term appointment has expired may not be declared out of time so long as his former employer has not informed him of the non-renewal. Normally, the non-renewal will be an explicit decision. Only where a staff member has expressly applied for renewal will rejection of his application be implied on the expiry of the time limits set".

    Keywords:

    condition; contract; express decision; fixed-term; non-renewal of contract; receivability of the complaint; start of time limit; time bar; time limit;

    Consideration 8

    Extract:

    "To determine whether the internal means of redress were exhausted the Tribunal must consider whether the time limits set in the Statutes of the Appeals Board were observed. [...] Proper administration requires the setting of time limits. But they are not supposed to be a trap or a means of catching out a staff member who acts in good faith."

    Keywords:

    internal remedies exhausted; purpose; time limit;

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Last updated: 23.11.2020 ^ top