Delay (111,-666)
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Keywords: Delay
Total judgments found: 155
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Judgment 3877
124th Session, 2017
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the date on which her retroactive promotion took effect.
Consideration 7
Extract:
The Tribunal notes that any injury resulting from the four-month delay in implementing the retroactive promotion was remedied by the retroactive payment of arrears plus interest at 5 per cent.
Keywords:
delay;
Judgment 3871
124th Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges WHO’s refusal to reinstate him after the decision to dismiss him was set aside.
Consideration 4
Extract:
[T]he time which has elapsed since dismissal does not, in principle, exempt an employer from taking steps to reinstate an official whose contract was ended unlawfully. Were that not the case, the employer could avoid having to reinstate the official following the setting aside of her or his dismissal simply by delaying the internal appeal proceedings initiated to challenge the dismissal.
Keywords:
delay; reinstatement;
Judgment 3870
124th Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that he was promised promotion to grade D-2.
Consideration 7
Extract:
The complainant contends that the internal appeal proceedings leading to the impugned decision were abnormally long. The Tribunal can only share this view, since no decision was taken until 8 May 2014 on the internal appeal of 26 November 2010, in other words until almost three and a half years had elapsed. The length of these proceedings was therefore excessive.
Keywords:
delay;
Judgment 3831
124th Session, 2017
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss her allegations of harassment.
Consideration 17
Extract:
A consideration of the [organisation]’s claim of confidentiality in this case is unnecessary. The fact that it voluntarily produced a copy of the [...] report with minimal redactions in its reply in these proceedings before the Tribunal completely undermines the claim of confidentiality.
Keywords:
confidential evidence; delay; disclosure of evidence;
Consideration 27
Extract:
Without more, a 25-month delay in the investigation of a harassment complaint is inordinate. However, it is also observed that the claim in the instant case was factually complex. It involved allegations against several individuals requiring a detailed examination of multiple alleged incidents spanning over a long period of time. It also involved a consideration by the [organisation] of voluminous documentation and multiple updates to the allegations. In addition, there were difficulties securing the availability of witnesses. In these circumstances, it cannot be said that the delay was unreasonable.
Keywords:
delay; internal appeal;
Judgment 3782
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest the classification of their posts.
Judgment keywords
Keywords:
complaint allowed; delay; delay in internal procedure; post classification;
Judgment 3727
123rd Session, 2017
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, whose post was abolished following a restructuring exercise, challenges the new final decision taken by the Secretary General pursuant to Judgment 3208.
Consideration 17
Extract:
In the present case, much of the delay has arisen as a result of the complainant successfully challenging the legality of steps taken by the Federation in dealing with his grievance.
Keywords:
delay;
Judgment 3688
122nd Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to abolish her post and to separate her from service.
Consideration 12
Extract:
It was stated in Judgment 3582, consideration 4, for example, that the amount of damages awarded for the injury caused by an unreasonable delay in processing an internal appeal depends on the length of the delay and its consequences. The consequences vary depending on the subject matter of the dispute so that a delay in resolving a matter of limited seriousness in its impact on the appellant will ordinarily be less injurious than a delay in resolving a matter which has a severe impact.
Reference(s)
ILOAT Judgment(s): 3582
Keywords:
damages; delay; moral injury;
Consideration 6
Extract:
The Tribunal has consistently stated that fairness to an appellant requires that the internal appeal process must be efficient [as] stated in Judgment 2904, consideration 15 [...].
Reference(s)
ILOAT Judgment(s): 2904
Keywords:
delay; internal procedure;
Judgment 3677
122nd Session, 2016
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the Federation’s decisions to abolish her post and not to renew her fixed-term contract.
Consideration 22
Extract:
In assessing whether moral damages should be awarded for a lengthy delay in disposing of an internal appeal, a number of considerations may be relevant. In some cases it might be sufficient for a complainant only to establish that the internal appeal took a period of time that could reasonably be viewed as too long. In other cases the explanation for the delay will become relevant.
Keywords:
delay; moral injury;
Judgment 3510
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant objects to the excessive length of the process of obtaining a visa for his wife’s adopted daughter.
Considerations 24-26
Extract:
"According to the Tribunal’s case law, 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 organisation too must respect the need for expeditious proceedings (see, for example, Judgment 2116, under 11).
In the present case, the defendant organisation does not dispute the length of the internal appeal proceedings which, it says, was due to the workload of the appeal body and the complexity of the case.
While the Tribunal can accept that the complexity of the case might have occasioned some delay in processing the internal appeal, the same is not true of the workload. The above-mentioned requirement of expeditious proceedings means that the Organisation must ensure that it has the resources to deal with internal appeals within a reasonable period of time, in accordance with the case law [...]."
Reference(s)
ILOAT Judgment(s): 2116
Keywords:
delay; internal procedure;
Judgment 3508
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the EPO’s alleged failure to take an express decision on his claim for the reimbursement of the travel expenses that he incurred in respect of his children upon leaving the service of the EPO.
Judgment keywords
Keywords:
complaint allowed; delay; dependent child; travel expenses;
Judgment 3490
120th Session, 2015
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to grant her request for retroactive reclassification of her former post.
Judgment keywords
Keywords:
complaint allowed; decision quashed; delay; disclosure of evidence; internal appeal; post classification;
Consideration 33
Extract:
"The complainant is […] entitled to moral damages for the IAEA’s breach of its duty to disclose at a minimum, the key document on which the decision was based."
Keywords:
delay; disclosure of evidence; moral injury;
Judgment 3447
119th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismissed the complaint as the complainant failed to establish that harassment had occurred.
Consideration 7
Extract:
"[T]he complainant submits that the investigation took over nine months to complete and that this constitutes an excessive delay. The Tribunal finds that harassment cases in particular should be treated as quickly and efficiently as possible, in order to protect staff members from unnecessary suffering, but attention must also be paid to thoroughness and procedure (see Judgment 2642, under 8). In the present case, the Tribunal is of the opinion that nine months to complete a harassment investigation is by no means excessive considering the length of the grievance itself and the over 300 annexes attached to be considered."
Reference(s)
ILOAT Judgment(s): 2642
Keywords:
delay; harassment; inquiry; investigation; procedure before the tribunal;
Judgment 3439
119th Session, 2015
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the decision to terminate his appointment after the abolition of his post, as the Tribunal found that, due to the Organisation's failings, he had lost a valuable opportunity to be reassigned to another post.
Consideration 4
Extract:
"The Tribunal has consistently said that time limits serve the purpose of, amongst other things, creating finality and certainty in relation to the legal effect of decisions. When an applicable time limit to challenge a decision has passed, the organisation is entitled to proceed on the basis that the decision is fully and legally effective. So it is in this case. To the extent that the complainant seeks to challenge the decision to abolish his post in these proceedings and his internal appeal was time-barred, he has thus not exhausted internal remedies. His complaint, in this respect, is irreceivable."
Keywords:
delay; internal appeal; time bar;
Judgment 3429
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismissed the complaint but awarded damages to the complainant because of the delay in the appeals procedure.
Consideration 4
Extract:
"The Tribunal points out that a claim concerning the excessive length of the appeal proceedings is, by its very nature, one that could not have been raised before the IAC (see Judgment 2744, under 6). Thus, the claim is receivable [...]."
Reference(s)
ILOAT Judgment(s): 2744
Keywords:
delay; internal appeal;
Consideration 7
Extract:
"The Tribunal is of the opinion that the appeal was not a particularly complicated one, the complainant was not responsible in any way for the delay in the proceedings, and the EPO has provided no justification whatsoever for the delay in submitting its position paper. Thus, the Tribunal finds that this constitutes an excessive delay in the procedure and merits an award of damages [...]."
Keywords:
delay; internal appeal;
Judgment 3377
118th Session, 2014
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns the decision rejecting his harassment complaint, especially because he was deprived of work and because the Organisation breached its duty to treat him with dignity.
Consideration 16
Extract:
"It is well established in the Tribunal’s case law that a document upon which a decision is based cannot be withheld from the concerned staff member. This disclosure obligation is not overcome by disclosure in the context of the Tribunal’s proceedings. However in the present case, the failure to disclose the correspondences did not prejudice the complainant (see Judgment 2899, under 23)."
Reference(s)
ILOAT Judgment(s): 2899
Keywords:
delay; disclosure of evidence;
Judgment 3347
118th Session, 2014
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision dismissing her harassment complaint and challenges the lawfulness of the internal appeals and investigation procedures.
Consideration 14
Extract:
"It is accepted that once the investigation was started it was completed in a timely manner. However, given the serious nature of a claim of harassment, an international organization has an obligation to initiate the investigation itself in a timely manner and the corollary obligation of ensuring that the internal body responsible for investigating and reporting on claims of harassment has the necessary resources to carry out that responsibility (see Judgment 3069, under 12). A delay of five months before the investigation of a claim of harassment is undertaken is unreasonable and, in this case, also contributed to the overall length of the internal appeal process."
Reference(s)
ILOAT Judgment(s): 3069
Keywords:
delay; harassment; inquiry; investigation;
Consideration 15
Extract:
"Other than in extraordinary circumstances, the appropriate remedy for delay is an award of moral damages. [...] [I]n assessing whether a delay is unreasonable, the complexity of the matter is a relevant consideration."
Keywords:
delay; moral injury;
Judgment 3336
118th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Considering that his personal particulars form showing his total retirement pension should also show the amount of the internal tax levied on it, the complainant impugns the decision dismissing his request to modify this document.
Consideration 6
Extract:
"The Tribunal notes [...] that almost three and a half years elapsed between the time when the complainant submitted his initial request and that when the impugned decision was rendered. In view of the circumstances of the instant case, this period is excessively long. This decision was not taken within a reasonable length of time and the Organisation did not respect the need for expeditious proceedings stemming from the duty of care which all organisations owe to their staff."
Keywords:
delay; duty of care;
Judgment 3332
118th Session, 2014
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for execution following the Administration’s decision that the award of a disability pension compensated her for the Tribunal’s award of material damages.
Consideration 6
Extract:
"The delay in paying the material damages was due to the IAEA seeking clarification regarding the complainant’s unique situation and that delay cannot be considered unreasonable or excessive under the circumstances."
Keywords:
application for execution; delay; material damages;
Judgment 3314
117th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant requests compensation for the injury arising from inaction and delay by the Administration in pursuing her harassment complaint.
Judgment keywords
Keywords:
compensation; complaint allowed; decision quashed; delay; harassment;
Judgment 3302
116th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaints were dismissed for non-exhaustion of internal remedies under Article 7 of the Tribunal’s Rules.
Judgment keywords
Reference(s)
ILOAT reference: Article VII, paragraphs 1 and 3, of the Statute
ILOAT Judgment(s): 2780, 2811, 2939
Keywords:
complaint dismissed; decision; delay; duty of care; iloat statute; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; staff member's duties;
Consideration 5
Extract:
Whilst the delay in dealing with these internal appeals is excessive by any standards and would ordinarily justify an award of damages, the evidence on file shows that, far from having done everything that might be expected of him to bring the appeal proceedings to a close, the complainant, by his own actions, has in fact greatly hampered those proceedings by deliberately filing as many appeals as possible in an attempt to pressure the Administration into acceding to his various requests.
Keywords:
delay;
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