Delay (111,-666)
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Keywords: Delay
Total judgments found: 155
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Judgment 3016
111th Session, 2011
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"[T]he complainant's claim for egregious delay is founded. More than four years passed from the start of the post classification exercise to when the final decision was made, and that is excessive."
Keywords:
claim; complainant; decision; delay; late decision; post classification; reasonable time;
Judgment 2973
110th Session, 2011
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
Organisation's failure to fully investigate allegations of harassment.
"[T]he long delay seriously compromised the integrity of the investigative process. In addition to the diminishing recollection of events with the passage of time, potential witnesses are no longer available. As well, with the passage of time, it may be that those individuals in the Administration responsible for ensuring the protection of the staff member concerned are no longer with the Organization. If so, this would effectively preclude any accountability for the failure to protect a staff member if a finding of harassment were to be made."
Keywords:
appraisal of evidence; breach; delay; evidence; expert inquiry; harassment; inquiry; investigation; lack of evidence; liability; organisation's duties;
Judgment 2939
109th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"[T]he complainants ought to have established that their internal appeal had, in fact, been unduly delayed. Instead of so doing, however, the complainants unilaterally ascertained what in their view would constitute unreasonable delay at the time they filed their appeal. [T]hey did not communicate with the Internal Appeals Committee for the purpose of having the appeal expedited and neither did they make any enquiries to ascertain when the Office's first response would be filed."
Keywords:
delay; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 2935
109th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"[I]t is in the common interest of candidates and international organisations that appointment procedures be conducted with dispatch [...]. [In the present instance, the] extraordinarily long period of time [- four years] was not justified by any particular circumstances."
Keywords:
candidate; competition; delay; organisation's duties;
Judgment 2912
109th Session, 2010
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"According to Article VII, paragraph 1, of the [Tribunal's]Statute, '[a] complaint shall not be receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of resisting it as are open to him under the applicable Staff Regulations'. The only exceptions allowed under the Tribunal's case law to this requirement that internal means of redress must have been exhausted are cases where staff regulations provide that decisions taken by the executive head of an organisation are not subject to the internal appeal procedure, where there is an inordinate and inexcusable delay in the internal appeal procedure, where for specific reasons connected with the personal status of the complainant he or she does not have access to the internal appeal body or, lastly, where the parties have mutually agreed to forgo this requirement that internal means of redress must have been exhausted (see, for example, Judgments 1491, 2232, 2443, 2511 and the case law cited therein, and 2582)."
Reference(s)
ILOAT Judgment(s): 1491, 2232, 2443, 2511, 2582
Keywords:
absence of final decision; delay; direct appeal to tribunal; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 2910
109th Session, 2010
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The complainant was entitled to have her grievance dealt with in accordance with the policy and the procedures laid down in [...] the Staff Regulations and Staff Rules. The Agency's failure to do so constitutes not only a breach of its own policy and rules but, as well, a breach of its duty of care towards the complainant. In Judgment 2636 the Tribunal pointed out that this duty includes the obligation to ensure that allegations of harassment are "properly and promptly investigated". The Agency seeks to avoid responsibility for the delay that occurred [until] the complainant [...] enquired about the status of her request for investigation. However, it was for the Agency, not the complainant, to ensure that the matter was properly and promptly investigated. Moreover, and even if informal methods of resolution are to be explored, it is important that the facts be promptly ascertained to avoid any possibility that an investigation will be compromised by delay."
Reference(s)
ILOAT Judgment(s): 2636
Keywords:
case law; delay; inquiry; investigation; staff regulations and rules;
Judgment 2904
108th Session, 2010
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 14 and 15
Extract:
The complainant claims compensation for the overall delay involved in this matter.
"As for the internal appeal process, the Tribunal recalls that the Organization has a duty to maintain a fully functional internal appeals body. Thus, the Committee's statement that 'the alleged delays could not be ascribed to it as they were due to the need for arranging election of new members to the Appeals Committee and the time requirements for this' does not relieve the Organization from responsibility for the delay in the process. According to well-established case law, '[s]ince compliance with internal appeals procedures is a condition precedent to access to the Tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed' (see Judgment 2197, under 33). The first appeal lasted for approximately 16 months, even though it hinged on the simple question of receivability. The entire process to date has stretched over eight years. In the circumstances, the complainant is entitled to be compensated in the amount of 4,000 euros for this delay."
Reference(s)
ILOAT Judgment(s): 2197
Keywords:
administrative delay; delay; internal appeal; internal appeals body; internal remedies exhausted; moral injury; organisation's duties; reasonable time;
Judgment 2878
108th Session, 2010
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant asks the Tribunal to quash the decision dismissing his appeal as irreceivable. He submits in particular that Staff Rule 212.02 is not applicable in his case because he was in the process of negotiating a new contract with the Organization and therefore the deadline should have been suspended. He also submits that there was a breach of the principles of good faith, of legitimate expectation, of the duty of care and of respect for dignity.
"[T]here was no reason why the complainant could not submit his request for review within the 60-day time limit provided for in Staff Rule 212.02, and withdraw it later if necessary. The Joint Appeals Board was correct in recommending that his appeal be dismissed as time-barred. So far as concerns the applicable time limits, there was no breach of the principles of good faith, legitimate expectation, respect for dignity, or duty of care. The complainant refers to Judgment 2584 [...]. However, [...] in the present case there was only one official communication from the Organization to the complainant between the date of the letter notifying him of the decision not to further extend his contract [...] and the date of his letter requesting the Director-General to review that decision [...]. This cannot be construed, as claimed by the complainant, as an initiation of settlement negotiations which could have suspended the time limit for submission of a request to review the decision."
Reference(s)
ILOAT Judgment(s): 2584, 2841
Keywords:
breach; delay; duty of care; good faith; internal appeal; non-renewal of contract; organisation's duties; proposal; respect for dignity; settlement out of court; staff regulations and rules; time limit;
Consideration 10
Extract:
"The Tribunal finds that the Organization failed to deal with the complainant's appeal in a timely and diligent manner as the internal appeal process lasted for approximately 21 months, which is unacceptable in view of the simplicity of the appeal which hinged primarily on a question of receivability (see Judgment 2841, under 9). Therefore the Tribunal awards the complainant 1,500 euros in damages."
Reference(s)
ILOAT Judgment(s): 2841
Keywords:
administrative delay; delay; internal appeal; material damages; organisation's duties; reasonable time; receivability of the complaint; time limit;
Judgment 2868
108th Session, 2010
South Centre
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-13
Extract:
"On the issue of receivability, the Centre contends that [...] the complainant was late in filing his appeal with the Board, and that his complaint is therefore not receivable."
"The Tribunal rejects this objection to receivability. [T]he Chairman of the Board advised the complainant that the Board had decided to grant his request for review of the administrative decisions despite the late filing of the notice of appeal. [T]he Appellate Body accepted the appeal and, as no objection was then taken, it is not open to the Centre to object before the Tribunal."
Keywords:
delay; internal appeals body; rebuttal; receivability of the complaint; staff regulations and rules; time bar; time limit;
Judgment 2851
107th Session, 2009
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"It took [...] almost two and a half years before the complainant received the final decision impugned in her complaint. The internal appeal procedure was much too long and consequently the complainant was deprived of her right to a speedy resolution of her grievances (see Judgment 2196, under 9), for which she is entitled to an award of moral damages in the amount of 1,000 euros."
Reference(s)
ILOAT Judgment(s): 2196
Keywords:
compensation; delay; internal appeal; moral injury;
Judgment 2848
107th Session, 2009
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 34
Extract:
"[I]n relation to the delay in the internal appeal proceedings, the Tribunal observes that the complainant has been reasonably compensated for this delay with the Director General's award of 8,000 euros."
Keywords:
amount; compensation; delay; internal appeal;
Judgment 2844
107th Session, 2009
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The case law allows that, where it appears that a final decision will not be made within a reasonable time, a staff member may file a complaint with the Tribunal (see Judgments 1968, under 5, and 2170, under 9 and 16). By the time the complainant filed her complaint, four months had elapsed since she had been informed that the Headquarters Board of Appeal had finalised its report. At that stage, it did not appear that a decision would be taken within a reasonable time, and, indeed, it was not."
Reference(s)
ILOAT Judgment(s): 1986, 2170
Keywords:
amount; decision; deduction; delay; direct appeal to tribunal; internal appeal; moral injury; reasonable time;
Judgment 2841
107th Session, 2009
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7 and 9
Extract:
"The Tribunal is of the opinion that the complaint is irreceivable."
"However, the Tribunal finds that the Organization failed to deal with the complainant's appeal in a timely and diligent manner. According to well established case law, '[s]ince compliance with internal appeal procedures is a condition precedent to access to the Tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed' (see Judgment 2197, under 33). In the present case, the internal appeal process lasted for approximately 18 months which is unacceptable in view of the simplicity of the appeal which hinged primarily on a question of receivability. The Tribunal therefore awards the complainant 1,500 euros in damages."
Reference(s)
ILOAT Judgment(s): 2197
Keywords:
administrative delay; delay; internal appeal; material damages; moral injury; organisation's duties; time limit;
Judgment 2820
107th Session, 2009
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"Although the complaint must be dismissed as irreceivable, there was an inordinate delay in providing a reply to the appeal within the time limit provided in the Staff Rules or the time in which the Executive Director was supposed to reply. Had these time limits been observed, the matter would not have proceeded beyond the original complaint. In the circumstances, the complainant is entitled to moral damages which the Tribunal sets at 1,000 euros [...]."
Keywords:
delay; internal appeal; moral injury; staff regulations and rules;
Judgment 2811
106th Session, 2009
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The WHO argues that the complaint is irreceivable because the complainant failed to exhaust internal means of redress. The complainant submits that, in this case, an appeal would not have served any practical purpose. Relying on various Tribunal judgments where complainants were deemed to have exhausted internal means of redress when it transpired that the latter would be inconclusive, she contends that she was likewise in a situation where she was entitled to turn directly to the Tribunal.
"The complainant is mistaken in believing that she may be deemed in this case to have exhausted internal means of redress. The precedents to which she refers [...] refer to cases where, owing to the excessive length of the internal appeal proceedings, or the organisation's wrongful attempts to impede the examination of such an appeal, the requirement that internal means of redress must be exhausted would have paralysed the complainant's exercise of his or her right to have access to the Tribunal. However, as a general rule, and according to the same line of precedent, this departure from the application of Article VII, paragraph 1, of the Statute of the Tribunal will be accepted only where complainants have done all that could reasonably be expected of them to have their internal appeal effectively examined, so that they cannot be said to be in any way responsible for a failure to exhaust the internal means of redress available within an organisation. But, this is not the case here where, on the contrary, the complainant quite simply refrained from filing such an appeal and therefore took it upon herself not to comply with this precondition for filing a complaint with the Tribunal."
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 1376, 1829, 1968, 2039
Keywords:
complaint; delay; direct appeal to tribunal; internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint;
Judgment 2806
106th Session, 2009
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
In Judgment 2575, the Tribunal annulled a decision to transfer the complainant from Vienna to Berlin. No action was taken to return him to Vienna. Instead, on 13 February 2007, the IOM informed him that he was to be transferred to Berlin with immediate effect. In Judgment 2691, the Tribunal declared that the decision of 13 February 2007 was "null and void ab initio".
"Like all judicial bodies, the Tribunal has inherent jurisdiction and power to take action to ensure that its judgments are implemented. That power may be exercised in any proceedings where a question is raised with respect to the implementation of a judgment. Accordingly, an order will be made for a penalty to be paid in the event that [the complainant] is not posted to Vienna within 30 days."
Reference(s)
ILOAT Judgment(s): 2575, 2691
Keywords:
application for interpretation; application for review; continuing breach; delay; execution of judgment; general principle; judgment of the tribunal; judicial review; organisation's duties; res judicata; time limit;
Judgment 2782
106th Session, 2009
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
In order to execute Judgment 2560 the Organisation paid salary arrears not only to the officials who had filed the complaints that led to that judgment, but also to all other members of staff and to all former members of staff in receipt of a retirement pension. However, interest on arrears was paid only to the members of staff who had filed a complaint with the Tribunal; the complainant was not among them. He is consequently challenging the decision not to pay him interest on arrears.
"(a) In the absence of any particular rule requiring the Organisation to pay interest on arrears to a staff member where a benefit due to that person is paid belatedly, such interest is not in principle due until the creditor - i.e. the staff member to whom the benefit is owed - has served notice on the Organisation to pay. This apparently harsh solution is justified because no particular formalities are required for the service of such notice, it being sufficient for the creditor to request payment of the amount due. [...]
(b) However, this rule does not apply where the debt is one which falls due on a fixed date. In such a case the due date is equivalent to the service of notice (dies interpellat pro homine). The debtor owes interest on arrears as from that date, without any need for the creditor to establish that he or she has requested payment of the due sum. The same applies where the debt falls due periodically at a fixed date, as in the case of a salary.
The salary adjustment at issue forms an integral part of the salary. Moreover, the salary, plus increments, is due on precise dates at the end of every month. In the instant case the payment of the staff member's salary, including the adjustment thereto, did not depend on a request from that person. The claim for interest on arrears is therefore well founded."
Reference(s)
ILOAT Judgment(s): 2560
Keywords:
adjustment; amount; complainant; date; debt; delay; exception; execution of judgment; formal requirements; general principle; increase; interest on damages; no provision; organisation's duties; payment; request by a party; retirement; salary;
Judgment 2744
105th Session, 2008
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"In the present case, over three years have elapsed between the filing of the complainant's appeal and the issuing of the Internal Appeals Committee's opinion. Moreover, two and a half years have elapsed between the filing of the appeal and the submission of the EPO's position paper before the Committee, which constitutes an excessive delay in the proceedings. Therefore, the complainant is entitled to 1,000 euros in moral damages."
Keywords:
administrative delay; date; delay; internal appeal; internal appeals body; moral injury; period; procedure before the tribunal; publication; report; right;
Judgment 2715
104th Session, 2008
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Organization submits that the complaint is irreceivable because the complainant did not supply the certified translation into French of certain appended items of evidence [...] within the thirty-day period he was allowed under Article 6(2) of the Rules of the Tribunal. "It would be excessively formalistic to endorse the Organization's view that a complaint registered within the time limit laid down in Article VII, paragraph 2, of the Statute of the Tribunal is irreceivable merely because the translation of some appended items of evidence was supplied only after some delay. The only consequence thereof should be that the Tribunal should disregard the items not produced in time."
Reference(s)
ILOAT reference: Article 6, paragraph 2, of the Rules and Article VII, paragraph 2, of the Statute
Keywords:
appraisal of evidence; complaint; consequence; correction of complaint; delay; disclosure of evidence; flaw; grounds; iloat statute; receivability of the complaint; time limit;
Judgment 2708
104th Session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
"The Organization [...] submits that the complaint is irreceivable. It asserts that the complainant's representative was notified of the impugned decision of 15 August 2006 that same day, and that the complaint filed with the Registry of the Tribunal on 15 November 2006 was therefore lodged outside the ninety-day period laid down in Article VII, paragraph 2, of the Statute of the Tribunal, which in its opinion expired on 13 November 2006.
The Tribunal draws attention to the fact that under Article VII, paragraph 2, of its Statute, to be receivable, a complaint 'must [...] have been filed within ninety days after the complainant was notified of the decision impugned'.
The complainant states that the Chairperson of the Staff Union Committee posted the decision of 15 August 2006 to him, together with a covering letter dated 17 August 2006 informing him that he had ninety days as from notification of the decision to file a complaint with the Tribunal, if he so wished.
The forwarding of the decision to the complainant's representative could not be deemed notification within the meaning of Article VII, paragraph 2, of the Statute of the Tribunal. For this reason the Organization's objection to receivability is unfounded."
Reference(s)
ILOAT reference: Article VII, paragraph 2, of the Statute
Keywords:
complaint; condition; date; date of notification; delay; iloat statute; individual decision; receivability of the complaint; staff representative; staff union; time limit;
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