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Delay (111,-666)

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Keywords: Delay
Total judgments found: 155

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  • Judgment 4777


    137th Session, 2024
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the calculation of his remuneration and the determination of his step following his promotion from grade G.6 to grade P.3.

    Consideration 2

    Extract:

    [T]he complainant complains that the impugned decision was not notified to him until a little over two weeks after the expiry of the 45-day time limit prescribed in ITU’s Staff Rule 11.1.4.
    But the Tribunal has recalled that time limits of this kind are not intended to have the effect of nullifying a decision taken after their expiry. Their non-observance does therefore not render such decisions unlawful and, in applicable cases, only entitles the staff member concerned to compensation if it causes injury to her or him (see Judgment 4584, consideration 4). Since the submissions do not indicate how this delay caused any injury to the complainant, the Tribunal considers that the plea is unfounded.

    Reference(s)

    ILOAT Judgment(s): 4584

    Keywords:

    delay; time limit;



  • Judgment 4686


    136th Session, 2023
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges a decision to close the harassment complaint she lodged against her former supervisor without carrying out an investigation.

    Consideration 6

    Extract:

    In relation to the delay, WHO has accepted the time taken to consider and dispose of her complaint was excessive and her arguments that it was excessive are unnecessary, if not beside the point. However, it should be pointed out that the characterization of the delay as egregious is fortified by the actual decision made. That is, a decision based on there being no prima facie case. That decision could have been made within a few months, if not weeks, of the filing of the complaint.

    Keywords:

    delay;

    Consideration 7

    Extract:

    [I]t may […] be accepted that the uncertainty over several years about the fate of [the complainant's] formal harassment complaint also caused her moral injury.

    Keywords:

    delay; harassment; moral injury;



  • Judgment 4631


    135th Session, 2023
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to treat his participation in a strike as an unauthorised absence and the decision to issue him a reprimand for subsequent unauthorised absences on days when he was likewise participating in strikes.

    Consideration 2

    Extract:

    Much of the argument of the complainant in his pleas appears to proceed on the premise that if there was a legal error attending a decision, or delay in the making of a decision, or delay in the finalisation of an appeal or proceedings in the Tribunal, then, without more, an entitlement to moral damages arises. As noted in another judgment given this session (Judgment 4644, under 7), this premise is incorrect. Moral damages are awarded for moral injury and the complainant bears the burden of proving that injury and the causal link with the unlawful conduct of the defendant organisation (see, for example, Judgments 4157, consideration 7, 4156, consideration 5, 3778, consideration 4, and 2471, consideration 5). Delay, of itself, does not entitle a complainant to moral damages (see, for example, Judgments 4487, consideration 14, 4396, consideration 12, 4231, consideration 15, and 4147, consideration 13). Without attempting to describe, exhaustively, what might constitute moral injury, it includes emotional distress, anxiety, stress, anguish and hardship (see, for example, Judgments 4519, consideration 14, 4156, consideration 6, and 3138, considerations 8 and 14). There is no persuasive evidence of moral injury to the complainant (beyond the moral injury for a threat of the same character as compensated in Judgment 4433 and for which compensation has already been paid to the complainant) in respect of any of the events for which he seeks moral damages caused by the conduct of the EPO, even if unlawful. Specifically, the complainant’s claim for moral damages because of the apparently hypocritical nature (as he alleges) of the EPO’s additional submissions in these proceedings is plainly untenable. Accordingly, his complaints should, insofar as the complainant seeks moral damages, be dismissed.

    Reference(s)

    ILOAT Judgment(s): 2471, 3138, 3778, 4147, 4156, 4157, 4231, 4396, 4433, 4487, 4519, 4644

    Keywords:

    delay; moral damages; moral injury;



  • Judgment 4626


    135th Session, 2023
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rules introduced with effect from 1 July 2013 governing the exercise of the right to strike at the European Patent Office.

    Consideration 4

    Extract:

    Much of the argument of the complainant in his pleas concerning moral damages appears to proceed on the premise that if there was a legal error attending a decision, or delay in the making of a decision, or delay in the finalisation of an appeal or proceedings in the Tribunal, then, without more, an entitlement to moral damages arises. As noted in another judgment given this session (Judgment 4644, under 7), this premise is incorrect. Moral damages are awarded for moral injury and the complainant bears the burden of proving that injury and the causal link with the unlawful conduct of the defendant organisation (see, for example, Judgments 4157, consideration 7, 4156, consideration 5, 3778, consideration 4, and 2471, consideration 5). Delay, of itself, does not entitle a complainant to moral damages (see, for example, Judgments 4487, consideration 14, 4396, consideration 12, 4231, consideration 15, and 4147, consideration 13). Without attempting to describe, exhaustively, what might constitute moral injury, it includes emotional distress, anxiety, stress, anguish and hardship (see, for example, Judgments 4519, consideration 14, 4156, consideration 6, and 3138, considerations 8 and 14). There is no persuasive evidence of moral injury to the complainant (beyond the moral injury for the injurious impact of Circular No. 347 on his right to strike of the same character as compensated in Judgment 4430 and for which compensation has already been paid to the complainant) in respect of any of the events for which he seeks moral damages caused by the conduct of the EPO, even if unlawful. Accordingly, his complaint should, insofar as the complainant seeks moral damages for himself, be dismissed.

    Reference(s)

    ILOAT Judgment(s): 3138, 3778, 4147, 4156, 4157, 4231, 4396, 4487, 4519, 4644

    Keywords:

    delay; moral damages; moral injury;



  • Judgment 4622


    135th Session, 2023
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her appointment for reasons of health.

    Consideration 18

    Extract:

    The unlawful termination of the complainant’s appointment also caused her significant moral injury owing to its intrinsic nature, serious consequences and the breach of her rights that accompanied its adoption. That injury also warrants redress. As the complainant correctly states, the injury was further exacerbated by the length of the administrative procedures, which lasted more than five years from the instigation of the first attempt to terminate her appointment in January 2013 until the adoption of the decision of 9 May 2018, even without taking into account the subsequent internal appeal procedure. The slowness of the procedures, which their complexity, referred to by the Organization, is not sufficient to fully justify, had the effect of unduly placing the complainant in a situation of prolonged, inherently stressful uncertainty regarding the future of her employment with the Organization. In the circumstances of the case, the Tribunal considers that the moral injury will be fairly and entirely redressed by awarding the complainant damages in the amount of 30,000 Swiss francs under this head.

    Keywords:

    delay; moral injury;



  • Judgment 4606


    135th Session, 2023
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the non-recognition of her illness as an occupational illness and requests that her sick leave entitlements be re-credited to her.

    Consideration 14

    Extract:

    It is well settled in the Tribunal’s case law that international organizations must respond to requests from their staff members within a reasonable time (see, for example, Judgment 3188, under 5).

    Reference(s)

    ILOAT Judgment(s): 3188

    Keywords:

    delay; organisation's duties;



  • Judgment 4600


    135th Session, 2023
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reject her claim that her illness be recognized as service-incurred.

    Consideration 7

    Extract:

    The complainant’s claim for additional moral damages for “excessive and inexplicable” delay in the ACCC’s determination of her claim is rejected as the complainant has not articulated the adverse effects that delay had upon her (see, for example, Judgment 4493, under 7 and 8).

    Reference(s)

    ILOAT Judgment(s): 4493

    Keywords:

    delay;



  • Judgment 4594


    135th Session, 2023
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks the cancellation of a competition in which she took part.

    Consideration 12

    Extract:

    [T]he complainant complains about what she regards as the excessively long delay in dealing with her internal complaint. While the period of nine months between the submission of the internal complaint that was the subject of the impugned decision and the date on which that decision was delivered undeniably exceeds the period laid down in Article 92.2 of the Staff Regulation by five months, and therefore constitutes a breach by the Organisation of its own rules, the Tribunal considers that the duration of the procedure cannot be regarded as unreasonable in the circumstances of the present case. Moreover, even though that duration breached the applicable provisions, the complainant has not adduced any specific evidence of injury arising from the delay.

    Keywords:

    delay; time limit;



  • Judgment 4591


    135th Session, 2023
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the reduction in the amount of his functional allowance calculated in proportion to the reduction in his working hours.

    Consideration 7

    Extract:

    The Tribunal considers [...] that the complainant has failed to establish, particularly in view of the small amount of money at stake compared with the amount of his remuneration, that the time taken to issue a decision on his internal complaint caused him any moral damage (see, to the same effect, Judgments 4487, consideration 14, and 4469, consideration 16).

    Reference(s)

    ILOAT Judgment(s): 4469, 4487

    Keywords:

    delay; moral injury;



  • Judgment 4587


    135th Session, 2023
    South Centre
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the non-renewal of her fixed-term appointment.

    Consideration 14

    Extract:

    Although it is true that the Staff Regulations do not provide for a specific timeframe within which the process in front of that body should be completed, the Tribunal has consistently held that international organizations have a duty to ensure that internal appeals are conducted with due diligence (see, for example, Judgment 4173, consideration 12, and the case law cited therein). Given that the matter at hand involved the termination, from the complainant’s standpoint, of a fixed-term contract renewed regularly for many years, the Tribunal finds that the whole delay in the internal appeal process of the Appellate Body was excessive and unreasonable.

    Reference(s)

    ILOAT Judgment(s): 4173

    Keywords:

    delay;



  • Judgment 4584


    135th Session, 2023
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks the cancellation of the competition organised to fill the grade P.4 post of programme coordinator that he had held in the ITU Regional Office for Africa until his retirement.

    Consideration 4

    Extract:

    [T]he complainant argues that [the] final decision was not communicated to him, as required under the combined provisions of Staff Rule 11.1.3(7)(i) and Staff Rule 11.1.4, within the time limit of 205 days from the date of submission of his appeal, as it was not communicated until 209 days afterwards. That is factually correct, and it bears noting that the delay was specifically attributable, in this case, to the Secretary-General’s failure to observe the 45-day time limit allowed for him to take a decision on the appeal after receipt of the Appeal Board’s report. However, time limits of this kind are plainly not intended to have the effect of nullifying a decision taken after their expiry. Their non-observance does not therefore render such decisions unlawful and, where that non-observance is wrongful, it may only entitle the staff member concerned to compensation if it causes injury to her or him (see, for example, Judgments 4408, considerations 5 and 6, or 2885, consideration 14). In the present case, the evidence does not in any event show that the failure to observe the time limit by just four days caused the complainant identifiable injury.

    Keywords:

    delay; time limit;



  • Judgment 4553


    134th Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to recover sums which were unduly paid to him as dependent child allowance.

    Consideration 8

    Extract:

    [A]lthough the complainant takes issue with the slowness of the internal appeal procedure, he has not shown in his submissions that he thereby suffered injury warranting higher compensation than the sum of 200 euros already awarded to him under that head in the impugned decision.

    Keywords:

    delay; delay in internal procedure;



  • Judgment 4523


    134th Session, 2022
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to temporarily reassign him to another post following his allegations of harassment against his supervisor, as well as administrative measures taken in relation to his performance during his temporary reassignment.

    Consideration 7

    Extract:

    [T]he delay itself is not enough to award damages. The complainant bears the burden of proof and he must provide evidence of the injury suffered, of the alleged unlawful act, and of the causal link between the unlawful act and the injury (see Judgments 3778, consideration 4, 2471, consideration 5, and 1942, consideration 6). The Tribunal finds that the complainant has not articulated the adverse effects of the delay and supported them with evidence (see Judgments 4493, considerations 7-8, and 4487, consideration 14).

    Reference(s)

    ILOAT Judgment(s): 1942, 2471, 3778, 4487, 4493

    Keywords:

    burden of proof; causal link; delay;



  • Judgment 4496


    134th Session, 2022
    Energy Charter Conference
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant alleges that he suffered moral harassment, in particular when his end-of-service certificate was drawn up.

    Consideration 10

    Extract:

    The Tribunal [...] notes that, in accordance with the requirements of its case law, as recalled, for example, in Judgment 3577, consideration 10, the organisation dealt with the complainant’s allegations of harassment in a timely and efficient manner.

    Reference(s)

    ILOAT Judgment(s): 3577

    Keywords:

    delay; harassment;



  • Judgment 4347


    131st Session, 2021
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision of the Director of PAHO to impose on him the disciplinary measure of reassignment with reduction in grade.

    Consideration 32

    Extract:

    The complainant claims that excessive delays throughout the various stages of the proceedings against him caused him injury and warrant an award of damages. Although the overall duration of the proceedings may appear lengthy, the Tribunal notes that they were complex and involved investigation into allegations against both the complainant and Mr N. and multiple stages of review by various authorities. Therefore, no award of damages is warranted on this basis.

    Keywords:

    delay; internal appeal;

    Consideration 28

    Extract:

    The complainant also submits that the decision is vitiated by an error of law, as the Board of Appeal was improperly composed and the appointment of a new Board of Appeal led to an egregious delay in the proceedings. The Tribunal finds that the composition of the Board of Appeal which reviewed his appeal was lawful and the delays in reconfiguring the Board of Appeal were not egregious. The length of the delay was principally determined by the complainant’s request to change the composition of the panel which was proposed to him on 26 May 2016. He requested the change as he objected to the proposal that the Board of Appeal members remain on the Board of Appeal beyond the expiry of their mandates, despite assurances that they had agreed to the extension of their appointments at the Organization’s request and with the knowledge and concurrence of the Staff Association. Therefore, the appeal was stayed, pending new elections for the Board of Appeal members nominated by the Staff Association. While it took a year to finalize the composition of the new panel, the Board of Appeal, once properly composed, rendered its preliminary report within three months and its final report within five months of receiving the Director’s 27 December 2017 decision. Moreover, the complainant has not provided convincing evidence of any negative effect on him caused by the delay in the proceedings before the Board of Appeal.

    Keywords:

    cause of action; delay; internal appeal;



  • Judgment 4304


    130th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision of the Director-General to cancel the “Falls Below Expectations” overall rating in her 2014 performance appraisal report and to restore her entitlements as in the case of satisfactory performance, but not to award her damages or costs.

    Consideration 15

    Extract:

    The consistent case law has it that “[t]he amount of compensation for unreasonable delay will ordinarily be influenced by at least two considerations. One is the length of the delay and the other is the effect of the delay. These considerations are interrelated as lengthy delay may have a greater effect. That latter consideration, the effect of the delay, will usually depend on, amongst other things, the subject matter of the appeal” (see Judgment 4100, consideration 7, and the cases cited therein).

    Reference(s)

    ILOAT Judgment(s): 4100

    Keywords:

    delay; moral injury;



  • Judgment 4284


    130th Session, 2020
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant asks the Tribunal to find that UNESCO has failed to execute Judgment 3936 and to order the Organization to review her case.

    Consideration 8

    Extract:

    [A]lthough the application for execution has become moot, the Tribunal considers it appropriate to award 7,000 euros in moral damages to the complainant, who had to wait more than 24 months for a new decision, which she received only after reminding the Organization and lodging an application for execution [...] with the Tribunal.

    Keywords:

    delay; execution of judgment; moral injury;



  • Judgment 4238


    129th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to reclassify his post.

    Consideration 10

    Extract:

    The complainant [...] contends that the GBA failed to consider the excessive delay in processing both reclassification requests (over 8 months for the first reclassification exercise and over 15 months for the second) just for him “to hear a pre-intended negative outcome”. The complainant raised what he refers to as the “Torturous Delays in Processing of Reclassification of [his] Position” in his appeal to the GBA dated 21 March 2017. The GBA did not address the issue of delay. In all of the circumstances, particularly given the two reclassification exercises, the delay was neither unreasonable nor excessive. The plea therefore fails.

    Keywords:

    delay;



  • Judgment 4237


    129th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision – taken after his resignation – to find him guilty of serious misconduct, and the decision to withhold from his separation entitlements an amount corresponding to financial losses allegedly incurred by WHO as a result of his misconduct.

    Consideration 13

    Extract:

    Taking into account all of the circumstances, including the factual and legal complexity of the proceedings, the number of steps in the process (the IOS investigation, the two appeals before the RBA and the appeal before the GBA), the total length of the procedure was not unreasonable. The claim for moral damages for excessive delay is rejected.

    Keywords:

    delay; internal appeal; moral injury;



  • 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.

    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;

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Last updated: 07.03.2024 ^ top