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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 1305


    76th Session, 1994
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 18-19

    Extract:

    The complainant is unable to provide any proof of the date on which he says he filed his complaint with the Tribunal. "The Tribunal observes that its Rules of Court are liberal in that for the purpose of reckoning the time limit Article 6(3) [*] takes the date of dispatch and thereby relieves the complainant of liability for any faulty transmittal after dispatch. "That makes it the more important to establish the date of dispatch beyond doubt in each case. [...] The complainant has failed to adduce any evidence of the dispatch of his complaint. [...] Although the Tribunal does not question the sincerity of the complainant [...] it cannot treat [his] assertions as if they were objective evidence: if it did so it would be affording an opportunity for fraudulent evasion of time limits."
    *superseded by Article 4(2) of the Tribunal's Rules as in force since 1 May 1994

    Keywords:

    complaint; date; evidence; formal requirements; iloat statute; lack of evidence; receivability of the complaint; time bar; time limit;



  • Judgment 1304


    76th Session, 1994
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The parties differ as to which decision set off the time limit for internal appeal. The complainant relies on negotiations which took place following an initial decision of the Secretary-General's. Those negotiations, intended to reach a settlement, ended in a second decision of the Secretary-General's to refuse to negotiate any further. The Tribunal holds that the complainant's "further action [...] and any proposals that may have been made to him did not cause the organization at any time to go back on the final decision which it had taken [...] [the subsequent decision] did no more than confirm the earlier one and set off no new time limit for appeal."

    Keywords:

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



  • Judgment 1280


    75th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 14-15

    Extract:

    Vide Judgment 1279, considerations 14 and 15.

    Reference(s)

    ILOAT Judgment(s): 1279

    Keywords:

    complaint; date; good faith; internal appeal; organisation's duties; receivability of the complaint; staff regulations and rules; time limit;



  • Judgment 1279


    75th Session, 1993
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 14-15

    Extract:

    Under PAHO Staff Rule 1230.7.1 no-one may appeal to the Board of Appeal until "all the existing administrative channels have been tried". The complainants advised the administration that they intended to appeal to the Board as soon as they had the assurance that they had exhausted the internal remedies. "The defendant was therefore not free in good faith to treat the complainants' internal appeals to the Board as being out of time by taking a date that made it impossible for them to satisfy the prior condition set in Rule 1230.7.1."

    Reference(s)

    Organization rules reference: PAHO STAFF RULE 1230.7.1

    Keywords:

    complaint; date; good faith; internal appeal; organisation's duties; receivability of the complaint; staff regulations and rules; time limit;

    Consideration 9

    Extract:

    "The purpose of time limits is to make for the stability in law that both sides require. Management has an interest in knowing that the decisions it takes are beyond challenge; and the staff too need to know, especially when administrative action is taken at successive stages from the general to the particular, just when they may act without fear of having their suit rejected as premature or time-barred."

    Keywords:

    complaint; general decision; individual decision; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;



  • Judgment 1256


    75th Session, 1993
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant asked the Director-General to review his decision to reject his application for a vacant post after the expiry of the one month delay for filing of an internal appeal. He wants the Tribunal to acknowledge the exceptional character of his case as justifying an extension of the normally applicable time limit. "According to precedent a complainant may not be deemed to have exhausted the means of redress at his disposal within the organisation unless he has followed the prescribed internal procedure for appeal and in particular observed the time limits. So if his internal appeal was out of time his complaint to this Tribunal will also be irreceivable under Article VII(1)."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE
    Organization rules reference: UPU STAFF RULE 111.3

    Keywords:

    case law; complaint; exception; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time bar; time limit;

    Consideration 6

    Extract:

    To escape the time bar the complainant relies on UPU Staff Rule 111.3.4, which allows the Joint Appeals Committee to waive the time limit in exceptional circumstances. "As the Union observes, the time limit which the Committee may waive is not the one in 111.3.1 - the one month for submitting a request for review to the Director-General - but only the one for appeal to the Committee against the decision rejecting such request." The complaint is therefore irreceivable.

    Reference(s)

    Organization rules reference: UPU STAFF RULE 111.3

    Keywords:

    case law; complaint; exception; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time bar; time limit;



  • Judgment 1247


    74th Session, 1993
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "As the Tribunal has held, for example in Judgment 607 [...], though proper administration requires the setting of time limits 'they are not supposed to be a trap or a means of catching out a staff member who acts in good faith'."

    Reference(s)

    ILOAT Judgment(s): 607

    Keywords:

    case law; complainant; good faith; internal appeal; internal appeals body; organisation's interest; time limit;



  • 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 1230


    74th Session, 1993
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The defendant maintains that the complainant did not meet the two-month time limit for lodging appeals and failed to exhaust the internal means of redress. The Committee was of the view that, in this case, exceptional circumstances warranted waiving the time limit and allowing the appeal. The defendant contends that the Committee's decision was not binding on the Agency. "Only where the Committee's appraisal of the circumstances is flagrantly wrong or based on plainly mistaken facts may the Director General disregard it, and even then his decision will be subject to review by the Tribunal."

    Keywords:

    condition; exception; internal appeal; internal appeals body; internal remedies exhausted; judicial review; mistake of fact; mistaken conclusion; receivability of the complaint; staff regulations and rules; time bar; time limit;

    Consideration 3

    Extract:

    "The rule is that for his complaint to be receivable the staff member must not only meet the time limit in Article VII(2) of [the Tribunal's] Statute but have properly followed the internal appeal procedure."

    Reference(s)

    ILOAT reference: ARTICLE VII(2) OF THE STATUTE

    Keywords:

    condition; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time limit;



  • Judgment 1195


    73rd Session, 1992
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4-5

    Extract:

    The complainant having received undue payment, the Union claimed a refund. The complainant challenges this on the grounds that "because of prescription the debt has become unenforceable. There is indeed a widely recognised principle that lapse of time may extinguish an obligation, but the difficulty here is that the Union's rules set no time limit for such extinctive prescription." However the Tribunal holds that the time between the payment of the material sums and the Union's request for their repayment "was not long enough to warrant declaring the undue payments irrecoverable. Not only is the period of extinctive prescription much longer in most national systems of law, but the complainant pleads no personal difficulty or hardship in making repayment: the Union is not claiming lump-sum reimbursement but is spreading it over eighteen months."

    Keywords:

    debt; domestic law; reasonable time; recovery of overpayment; refund; time limit;



  • Judgment 1181


    73rd Session, 1992
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complaint raises a question of receivability. Under Article 43 (1) of the Staff Regulations an internal appeal must be lodged within thirty days of the date on which a decision was notified. The complainant pleads that he made a material mistake by reading the thirty days as one calendar month. "Time limits for internal appeals must be strictly complied with. The complainant failed to abide by the Staff Regulations, and the mistake he supposedly made is irrelevant because the organization did not seek to mislead him. Since he has not exhausted the internal means of redress, his complaint is irreceivable under Article VII(1) of the Tribunal's Statute."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE
    Organization rules reference: ARTICLE 43 OF THE INTERPOL STAFF REGULATIONS

    Keywords:

    date of notification; delay; iloat statute; internal appeal; internal remedies exhausted; mandatory time limit; receivability of the complaint; staff regulations and rules; start of time limit; time bar; time limit;



  • Judgment 1176


    73rd Session, 1992
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    The Tribunal will discount "a new material fact" which the organisation supplied "too late for the complainant to be able to comment".

    Keywords:

    adversarial proceedings; disclosure of evidence; new fact on which the party was unable to rely in the original proceedings; right to reply; time limit;

    Considerations 6-7

    Extract:

    "The complainant has brought two similar complaints challenging [the same] decision. [...] He explains that since the time limit for answering his internal appeal ran out [...] he inferred rejection and filed a complaint. He then left on holiday and not until he got back - by which time his first complaint had already been filed - did he receive the letter of rejection. So it was only by way of precaution that he filed the second complaint, within the time limit, against that express decision. In the circumstances the two complaints are receivable and may be joined."

    Keywords:

    complaint; decision; express decision; failure to answer claim; implied decision; joinder; receivability of the complaint; time limit;



  • Judgment 1167


    73rd Session, 1992
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "All that is needed for [an] appeal to be receivable is that the impugned decision be clearly identified and the pleas set out.

    Keywords:

    condition; decision; internal appeal; internal appeals body; receivability of the complaint; time limit;



  • Judgment 1148


    72nd Session, 1992
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12-13

    Extract:

    Having submitted a claim for the refund of the costs of an item, the complainant first received a statement from the Sickness Fund which alluded to "non-refundable items". Only later did a note indicate which items were being refused. Eurocontrol contends that the time limit ran from the date at which she got the original statement from the Fund, the later note having merely confirmed the earlier decision. "The argument fails. The cryptic allusion in the statement to 'non-refundable items' did not suffice to tell the complainant just what she was being refused. The 'act adversely affecting' her - to quote the Regulations - did not become specific until she got the [note] and so that is the date at which the time limit for her internal appeal began. [...] She acted in time."

    Keywords:

    confirmatory decision; decision; health insurance; medical expenses; refund; start of time limit; time limit;



  • Judgment 1141


    72nd Session, 1992
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 20-21

    Extract:

    The complainant failed to file a rejoinder in the time limit set by the Registry but applied for an extension of the time limit on the grounds of communication difficulties. "The Tribunal cannot allow that application, which reached it when it was already in session. There is no detriment to the complainant's rights on that account since the pleadings the Tribunal has before it afford an adequate account of the material facts and the parties' arguments."

    Keywords:

    closure of written proceedings; delay; lack of injury; rejoinder; time limit;



  • Judgment 1140


    72nd Session, 1992
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "The time limit for filing a complaint must be strictly respected and may be waived neither by the parties nor by the Tribunal: a heavy workload affords no valid excuse for failing to meet it. Since the complainant failed to lodge a timely complaint with the Tribunal [...] his claim became time- barred."

    Keywords:

    complaint; mandatory time limit; receivability of the complaint; time bar; time limit;



  • Judgment 1132


    72nd Session, 1992
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The case law makes it clear that time limits in rules on internal appeals must be strictly adhered to. The complainant did not comply with the requirements of the Service Regulations. Nor can he show any breach of good faith on the organisation's part. His complaint is therefore irreceivable under Article VII(1) of the Tribunal's Statute because he has failed to exhaust the internal means of redress."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    exception; good faith; internal appeal; internal remedies exhausted; mandatory time limit; receivability of the complaint; time bar; time limit;



  • Judgment 1122


    71st Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The complaints are challenging pay slips [reflecting the so-called 'Eurocontrol reduction'], of which the latest date back to September 1989, and they were filed on 27 August 1990, long after the time limits had expired." They are irreceivable.

    Keywords:

    adjustment; complaint; pay slip; receivability of the complaint; reduction of salary; salary; time bar; time limit;



  • Judgment 1115


    71st Session, 1991
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    As the complaint was filed on the ninetieth day after the date of notification of the impugned decision, it is receivable in keeping with Article 6, paragraph 3, of the Rules of court and Article VII, paragraph 2, of the Statute.

    Reference(s)

    ILOAT reference: ARTICLE VII(2) OF THE STATUTE;
    ARTICLE 6(3) OF THE RULES


    Keywords:

    date of notification; decision; iloat statute; receivability of the complaint; start of time limit; time limit;



  • Judgment 1106


    71st Session, 1991
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "According to Article VII(2) of the Tribunal's Statute a complaint will not be receivable unless filed within ninety days of the date of notification of the impugned decision, and Article 6(3) of the Rules of Court says that the 'date of despatch' of the complaint shall alone be taken into account." The complainant got notification of the impugned decision on 7 March 1990. Having waited until 6 June 1990 to post his complaint, he ran over the time limit by one day: the complaint is time-barred.

    Reference(s)

    ILOAT reference: ARTICLE VII(2) OF THE STATUTE;
    ARTICLE 6(3) OF THE RULES


    Keywords:

    date of notification; decision; iloat statute; receivability of the complaint; start of time limit; time bar; time limit;

    Consideration 3

    Extract:

    Time limits are a matter of objective fact. "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 the time bar. An exception might be allowed only if the organization had acted in bad faith and misled the official. But in this case the organization did not."

    Keywords:

    complaint; exception; good faith; receivability of the complaint; start of time limit; time bar; time limit;



  • Judgment 1096


    70th Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "A complaint is receivable under Article VII(3) where the administration fails to take any decision upon the claim within sixty days of the date of notification of it. Once an organisation has accepted the Tribunal's Statute it may not derogate from Article VII(3) by dint of internal rules of its own. The only difference Eurocontrol's own Staff Regulations may make is that it is estopped from objecting to receivability when, in reliance on its own time limit, a staff member has filed a complaint that would be receivable under its Staff Regulations but out of time under Article VII." (See also Judgment 1095.)

    Reference(s)

    ILOAT reference: ARTICLE VII(3) OF THE STATUTE
    ILOAT Judgment(s): 1095

    Keywords:

    complaint; consequence; difference; failure to answer claim; good faith; iloat statute; precedence of rules; receivability of the complaint; staff regulations and rules; time bar; time limit;

    Consideration 12

    Extract:

    "Since the complaints have met the requirements of [article] VII [of the Tribunal's Statute] and the time limits therein the plea of irreceivability fails. The organisation's belated decisions expressly rejecting the appeals do not alter the substance of the dispute, which turns on the rejection to be inferred from expiry of the time limit in [Article]VII(3)."

    Reference(s)

    ILOAT reference: ARTICLE VII(3) OF THE STATUTE

    Keywords:

    complaint; express decision; failure to answer claim; implied decision; late decision; receivability of the complaint; time limit;

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Last updated: 23.11.2020 ^ top