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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: 335

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  • Judgment 2290


    96th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The Organisation contends that the internal appeal against a decision not to refund medical costs was not lodged in time. In doing so, it takes as the starting point of the time-limit the insurance representative's statement of account rejecting the request for refund. This "plea [...] is unfounded [...] This is because the insurance representative is not an organ of the Organisation, able to take decisions in the meaning of the Office's Service Regulations for Permanent Employees. Decisions concerning insurance benefits are taken by the Office, and more specifically by its President, in accordance with Article 83 of those Regulations."

    Reference(s)

    Organization rules reference: Article 83 of the Service Regulations for Permanent Employees of the European Patent Office

    Keywords:

    complaint; decision; executive head; health insurance; illness; insurance; internal appeal; medical expenses; receivability of the complaint; staff regulations and rules; start of time limit; time bar; time limit;



  • Judgment 2288


    96th Session, 2004
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "[T]he fact that the complainant had only a few hours [...] to defend his case [...] constitutes [in itself] a breach of due process".

    Keywords:

    adversarial proceedings; disciplinary procedure; general principle; misconduct; organisation's duties; right; time limit;



  • Judgment 2282


    96th Session, 2004
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "[W]hat is at issue here is a plea of prescription on the part of the [organization], which seeks to take the benefit of the two-year limitation period in [a] staff rule. But prescription cannot be invoked by a party which has by its own actions prevented the timely exercise of the creditor's recourses. That is what the pleadings reveal to be the case here."

    Keywords:

    internal appeal; organisation's duties; refund; time bar; time limit;



  • Judgment 2261


    95th Session, 2003
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 15-16

    Extract:

    The complainant challenges a disciplinary measure of dismissal for misconduct based on the following three charges: (1) external commercial activities and misrepresentation, (2) disloyalty, and (3) insubordination. In the challenged decision, the Director-General refused to follow the Appeals Committee's recommendation to the effect that the three charges be dismissed and confirmed the dismissal, dealing in detail with the first charge. Although the Tribunal acknowledges that the evidence justifies the Director-General's position, it sets aside the impugned decision because "the Director-General entirely failed to give any reason whatsoever for disagreeing with the Committee's recommendations respecting the second and third charges". The Tribunal adds that "it is not for [...] itself [to] examine the evidence to find justification for the unmotivated decision of the Director-General. [...] Nor should it condone the organization's failure to bring the internal appeal process to a timely and proper conclusion effectively depriving the complainant of both his remedy and his employment for over three years. Accordingly, it will quash the penalty on the first charge only and refer the matter back to the Director-General for a new decision on the penalty after giving the complainant full opportunity to make representations."

    Keywords:

    concurrent employment; conduct; decision; disciplinary measure; due process; duty to substantiate decision; executive head; fitness for international civil service; insubordination; internal appeal; internal appeals body; misconduct; organisation's duties; refusal; report; right of appeal; right to reply; separation from service; termination of employment; time limit;



  • Judgment 2255


    95th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12-13

    Extract:

    "The organization did not contest the receivability of the appeals to the appeals board and does not now contest that the complaints were timely filed in accordance with the Tribunal's Statute. Notwithstanding these facts, however, UNESCO now argues that the internal appeals to the Appeals Board were irreceivable and that accordingly, the complaints to the Tribunal are also irreceivable. [...] In Judgment 522, the Tribunal was faced with the identical situation and held: "There can be no doubt that the appropriate, if not the only, time to take the point was before the Appeals Board, since it is the proceedings before the Board that are said to be out of time [...] and not the proceedings before the Tribunal itself. The Tribunal has therefore now to consider whether or not justice requires that the organization should be given a second opportunity to take the point. Three factors ought to be considered. The first is whether the point is a clear and compelling one. The second is whether there is an adequate explanation of the organization's failure to take it. The third is whether the complainant may be prejudiced by the organizations's failure.' " The Tribunal applies, in the present case, the criteria set out in Judgment 552.

    Reference(s)

    ILOAT Judgment(s): 522

    Keywords:

    case law; complaint; date; injury; internal appeal; new plea; organisation's duties; receivability of the complaint; time limit;



  • Judgment 2250


    95th Session, 2003
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    When "the last day of the statutory ninety-day period [is] a holiday, the deadline is extended to the next business day, in line with the Tribunal's ruling in Judgments 306 and 517".

    Reference(s)

    ILOAT Judgment(s): 306, 517

    Keywords:

    complaint; new time limit; public holiday; receivability of the complaint; time bar; time limit;



  • Judgment 2181


    94th Session, 2003
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant seeks the validation of her service, for pension purposes, of the period between 13 September 1978 and 14 November 1979. What emerges from Article 23 of the UNJSPF Regulations is that "staff members whose terms of appointment expressly excluded participation in the UNJSPF during the period of service preceding their participation cannot subsequently request the validation of that period of service. that was the case with the complainant [...] she could [...] have made use, at the time [...] of the appeal mechanisms established by the [organisation], to obtain a modification of the terms of her contracts, or to challenge the legality of [the] rule [which provided that staff members engaged under short-term contracts could not participate in the unjspf]. However, since she failed to do so in due time, she is hardly in a position to seek the annulment of her appointments of 1978 and 1979 more than 20 years later. Besides, the nature of those appointments can no longer be challenged. The argument that the complainant did not use the available means of appeal for fear of harming her career cannot be accepted. Moreover, her request for validation of service, which was submitted on 22 December 1999, must be considered to be time-barred."

    Keywords:

    contract; contributory service; fund membership; internal appeal; late appeal; participation excluded; receivability of the complaint; short-term; terms of appointment; time bar; time limit; unjspf; validation of service;



  • Judgment 2178


    94th Session, 2003
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3-4

    Extract:

    The complainant filed an application for execution less than two months after the judgment on his first complaint was delivered. "The haste with which he came to the Tribunal is all the more regrettable for the fact that the discussions taking place between the parties could have enabled them, if not to reach an agreement, then at least to clarify certain aspects of the case which remain uncertain [...]. The Federation raises the question of whether under these circumstances the application for execution is receivable. However, the Tribunal's case law shows a constant line of precedent on this issue: any serious difficulty concerning the execution of a judgment can validly be brought before the Tribunal by means of an application for execution. In the present case, it is to be regretted that the difficulties could not be overcome by the parties through discussion in good faith, but the Federation may not object to the receivability of the complainant's application."

    Reference(s)

    ILOAT Judgment(s): 2090

    Keywords:

    application for execution; case law; condition; execution of judgment; iloat; judgment of the tribunal; receivability of the complaint; time limit;



  • Judgment 2170


    94th Session, 2003
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The Organisation withheld the complainant's salary increment on the grounds that more time was needed to assess her performance. It claims that the complainant refused to cooperate with evaluations. "If that were the case, it was the job of the administration to deal with the situation and not to act as if the complainant did not exist[...] while there is no doubt that an employee cannot obtain the right to an annual salary increment by deliberately sabotaging the reporting process, it is equally the case that an employer cannot deprive its staff of the increments to which they are entitled by failing to complete the necessary preliminary steps."

    Keywords:

    failure to answer claim; grounds; increase; increment; increment withheld; official; organisation; organisation's duties; performance report; procedure before the tribunal; refusal; right; salary; time limit; work appraisal;

    Consideration 12

    Extract:

    The Organisation withheld the complainant's salary increment on the grounds that more time was needed to assess her performance. The Tribunal concludes from the relevant provisions that "the requirement that an annual performance report be established prior to the scheduled date of the annual salary increment is a formal one. The salary increment [...] was not preceded by an evaluation [...] it is the Organisation's responsibility to see to it that [an annual performance] report is prepared on time. a staff member's right to an increment cannot be defeated by the organisation's failure to comply with its own rules."

    Keywords:

    applicable law; binding character; breach; consequence; date; grounds; increase; increment; increment withheld; official; organisation; organisation's duties; performance report; provision; refusal; right; salary; time limit; written rule;



  • Judgment 2136


    93rd Session, 2002
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "Regrettably, the [Organisation] has confined its submissions to a challenge as to the receivability of the complaints. As a result, the Tribunal is unable to render a final judgment. The Tribunal orders further submissions on the merits. Before ruling on the case, it invites the [Organisation] to submit its arguments within thirty days of the date of notification of this judgment. The Tribunal shall stay its judgment on the merits until it has received sufficient information to decide on the case (on this issue, see Judgment 499)."

    Reference(s)

    ILOAT Judgment(s): 499

    Keywords:

    case law; complaint; date of notification; further submissions on the merits; iloat; interlocutory order; judgment of the tribunal; limits; organisation; receivability of the complaint; reply; time limit;



  • Judgment 2129


    93rd Session, 2002
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7-8

    Extract:

    "A steady line of precedent, such as that cited in Judgment 1786, under 5, confirms that when impugning an individual decision that concerns the staff member directly, the latter may challenge the lawfulness of any general measure [...] In this case, the complainants could have challenged the individual application of [the] Information Circular [fixing the rate of their travel per diem] to each of them as long as that circular remained in force. [And as they] did not expressly challenge the individual application of that circular to them in due time, [they] can no longer impugn it. The fact that [they] thought that they might succeed in negotiating an amicable solution and for that reason chose not to appeal does not justify lifting the time bar that applied."

    Reference(s)

    ILOAT Judgment(s): 1786

    Keywords:

    administrative instruction; allowance; case law; cause of action; complaint; enforcement; general decision; grounds; individual decision; internal appeal; official; rate; receivability of the complaint; right of appeal; settlement out of court; time bar; time limit;



  • Judgment 2124


    93rd Session, 2002
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The need to give reasons in support of adverse administrative decisions arises [...] because the affected staff member must be given an opportunity of knowing and evaluating whether or not the decision should be timely contested. To allow the reasons to be given only after a complaint has been brought before the Tribunal would be to encourage the bringing of complaints for which it would ultimately be shown that there was no justification. Judgment 477 turned on a specific finding that the complainant in that case had 'suffered no prejudice whatever from the absence of a statement of the reasons for the impugned decision' since he had received copies of the documents which served as the basis for the decision prior to filing his complaint. The Tribunal's more recent case law [...] makes it clear that such line of argument is to be seen as a narrow exception to the general rule."

    Reference(s)

    ILOAT Judgment(s): 477

    Keywords:

    absence of final decision; amendment to the rules; case law; cause of action; complainant; complaint; duty to substantiate decision; exception; iloat; judgment of the tribunal; motivation; motivation of final decision; official; right of appeal; time limit;



  • Judgment 2116


    92nd Session, 2002
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "A staff member who files an appeal is entitled to expect a decision to be taken within a reasonable time. Since an internal appeal is a necessary prelude to judicial review, the organization too must respect the need for expeditious proceedings. In this case more than two-and-a-half years elapsed between the complainant's appeal to the Appeals Committee and the Director-General's decision to reject it. Circumstances and the nature of the case demanded an expeditious appeal procedure. Since, in the internal appeal, the complainant was challenging a decision not to keep her on and claiming reinstatement, she needed to know quickly what the outcome of the appeal would be. Indeed, her future to some extent depended on it. Though it raised some delicate issues, the case was not particularly complex. The conclusion is that the appeal was not sufficiently expeditious. The amount of time usually needed to deal with such a case was far exceeded. As a result the complainant suffered injury warranting redress."

    Keywords:

    contract; delay; exception; internal appeal; internal appeals body; material damages; moral injury; non-renewal of contract; organisation's duties; reasonable time; staff member's interest; time limit;

    Consideration 5

    Extract:

    "The [organization] was cavalier in the way in which it informed [the complainant] of what was to become of the selection process. For the complainant it was particularly important that she be informed promptly whether she could expect to be appointed, so that she could start to look for another job if need be. She contends, and the [organization] does not demur, that she had the more reason to be optimistic as she had been told unofficially that of all the applicants, she stood the best chance of being appointed. In these circumstances, the [organization] ought to have [informed] her [...] that reclassification was a serious possibility for the post in question. But it did not [...] thereafter, when a decision was taken [...] to withdraw the vacancy announcement, the organization should have informed the candidates immediately. [...] The complainant was so informed in writing [...] nearly four months later. Even if [...] she was informed by telephone [...] written notification was nonetheless an obligation. The complainant's personal interests have undoubtedly been harmed and some redress for the material and moral injury she suffered is warranted [...]."

    Keywords:

    appointment; assignment; candidate; competition; competition cancelled; date of notification; delay; duty to inform; material damages; material injury; moral injury; organisation's duties; post; post classification; procedure before the tribunal; staff member's interest; time limit; vacancy notice;



  • Judgment 2082


    92nd Session, 2002
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "It is trite law to state that time limits cannot be presumed but must be either expressly stated or so clearly implied from the context as to leave no room for doubt."

    Keywords:

    definition; express decision; implied decision; time limit; written rule;



  • Judgment 2066


    91st Session, 2001
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "When an organisation hints that it will reconsider a decision affecting a staff member, it cannot reasonably expect the latter to challenge that decision. Nor may the staff member lodge an appeal against it unless the administration expressly states that the appeal procedure will take its course despite attempts to settle the case. In such instances, the rule that confirmation of an earlier decision sets off no new time limit for appeal does not apply."

    Keywords:

    case law; confirmatory decision; decision; enforcement; exception; express decision; good faith; internal appeal; receivability of the complaint; staff member's duties; start of time limit; time bar; time limit;



  • Judgment 2039


    90th Session, 2001
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Precedent says that the requirement to exhaust the internal remedies cannot have the effect of paralysing the exercise of the complainants' rights. Complainants may therefore go straight to the Tribunal where the competent bodies are not able to decide on an issue within a reasonable time, depending on the circumstances (see Judgments 1829, [...], 1968, [...], and the numerous judgments cited therein). However, a complainant can make use of this possibility only where 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, for example, Judgments 1674, [...] under 6(b), and 1970 [...]). In general, a request for information on the status of the proceedings or the date on which a decision may be expected is enough to demonstrate that the appellant wants the procedure to follow its normal course, and gives grounds for alleging unjustified delay if the authority has not acted with the necessary diligence. However, there are circumstances in which it is unclear whether the procedure has been abandoned or whether the staff member has implicitly consented to the suspension of his appeal in law or in fact. In such cases, the case law says that the staff member must indicate clearly if he wants the procedure to continue. For example, the Tribunal found in one case that a staff member had not met this requirement because an internal appeal he had filed was not referred to the internal appeals body of the organisation, the administration having taken steps to reach an agreed settlement to the dispute. As the staff member had not sought the continuation or renewal of the procedure, it was found that he had not pursued his appeal "diligently" and so did not qualify to file a complaint directly with The tribunal (see Judgment 1970). Similarly, in a case in which the internal appeal had been followed by negotiations in order to reach a settlement, it was found that the staff member was not justified in turning to the Tribunal without first indicating either that the procedure should follow its course in parallel with the negotiations or that it should be taken up again without further ado, and then waiting a reasonable time to see what happened (see Judgment 1674 under 6(b))."

    Reference(s)

    ILOAT Judgment(s): 1674, 1829, 1968, 1970

    Keywords:

    administrative delay; case law; delay; direct appeal to tribunal; internal appeal; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint; staff member's duties; time limit;



  • Judgment 2037


    90th Session, 2001
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainants challenge the appointment of another staff member. The Appeals Committee considered that the appeals had not been filed in time. But the complainants argue that the challenged appointment was not definitive until the offer had been signed and the conditions for appointment satisfied. "When what is challenged is a contract between an organisation and a future employee, the act which may be impugned is the contract as communicated by the organisation, irrespective of the possibilities open to the contracting parties to appeal internally such as a medical examination still to be undergone [...] legal certainty requires communications from an organisation to be reliable so that all concerned know when the time limit for an appeal starts to run. this is all the more important when the organisation is not bound to reveal the exact content of the contract. In this instance, [...] since the organisation had already notified its decision and its agreement with the future [staff member] on his terms of appointment, the signing of the contract and the prior medical examination appeared to be mere formalities. It would have been sheer pedantry to insist that they be completed and the staff so informed before the appointment of the [staff member] was announced." The time limit for an appeal had therefore started to run as soon as the personnel had been informed of the contested appointment.

    Keywords:

    appointment; cause of action; contract; date; decision; duty to inform; formal requirements; good faith; internal appeal; medical examination; offer; organisation's duties; receivability of the complaint; start of time limit; time bar; time limit;



  • Judgment 2011


    90th Session, 2001
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "According to the case law of the Tribunal, for a decision, taken after an initial decision has been made, to be considered as a new decision (setting off new time limits for the submission of an internal appeal) the following conditions are to be met. The new decision must alter the previous decision and not be identical in substance, or at least must provide further justification, and must relate to different issues from the previous one or be based on new grounds (see Judgments 660 [...] and 759 [...]). It must not be a mere confirmation of the original decision (see Judgment 1304 [...]). The fact that discussions take place after a final decision is reached does not mean that the organization has taken a new and final decision. A decision made in different terms, but with the same meaning and purport as a previous one, does not constitute a new decision giving rise to new time limits (see Judgment 586 [...]), nor does a reply to requests for reconsideration made after a final decision has been taken (see Judgment 1528 [...])."

    Reference(s)

    ILOAT Judgment(s): 586, 660, 759, 1304, 1528

    Keywords:

    case law; condition; confirmatory decision; cumulative decisions; decision; definition; formal requirements; new time limit; receivability of the complaint; same purpose; start of time limit; time bar; time limit;



  • Judgment 2003


    90th Session, 2001
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainants did not challenge the initial decisions denying them an installation grant and therefore "those decisions became final and the complainants were barred from challenging them by filling up application forms years later and claiming the quashing of the decisions refusing them by implication the allowance for which their assignment to Maastricht made them eligible. The Joint Committee for Disputes was right to cite the principle of legal certainty which must govern relations between an organisation and its staff' and to note that it was not possible to [exempt] the persons concerned from the time bar, which the Tribunal is in any event bound to apply since it is mandatory'."

    Keywords:

    binding character; decision; effective date; exception; iloat statute; mandatory time limit; organisation's duties; staff member's interest; time bar; time limit;



  • Judgment 1986


    89th Session, 2000
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "A decision not to decide upon a request by an employee for the exercise of his alleged rights is nonetheless a decision. It may accordingly be impugned before the Tribunal but only within the time limits prescribed by Article VII of the Tribunal's Statute; those limits started to run on 18 November 1997. They were not suspended or revived by the complainants' repeated requests to the administration or by the latter's repeated refusals to make any substantive decision until the matter had been decided by the Council of the organisation. If the complainants were dissatisfied with the Director-General's decision not to decide, they should have filed their complaints with the Tribunal within ninety days of receiving such decision. Since they did not do so, they must now wait until they receive a substantive decision on the merits of their claim."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    absence of final decision; decision; receivability of the complaint; time bar; time limit;

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