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Time bar (117,-666)

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Keywords: Time bar
Total judgments found: 219

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  • Judgment 3351


    118th Session, 2014
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the internal appeal was time-barred, the Tribunal dismissed the complaint seeking the payment of an allowance.

    Consideration 17

    Extract:

    "According to the case law of the Tribunal, if an appeal was time-barred and the internal appeals body was wrong to hear it, the Tribunal will not entertain a complaint challenging the decision taken on a recommendation of that body (see, for example, Judgment 2966, under 12, and the case law cited therein)."

    Reference(s)

    ILOAT Judgment(s): 2966

    Keywords:

    time bar;



  • Judgment 3304


    116th Session, 2014
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complaints are time-barred and, consequently, clearly irreicevable.

    Judgment keywords

    Keywords:

    burden of proof; complaint dismissed; date of notification; time bar;



  • Judgment 3253


    116th Session, 2014
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns an unfavourable evaluation report. Her internal appeal having wrongly been rejected as irreceivable, the case is referred back to the internal appeal body.

    Consideration 7

    Extract:

    "It is well settled that the burden of proof is on the sender to establish the date on which a communication was received. If that cannot be done (perhaps because the document was sent by a system of transmission that does not permit actual proof), the Tribunal will ordinarily accept what is said by the addressee about the date of receipt (see, generally, Judgments 447, consideration 2; 456, consideration 7; 723, consideration 4; 890, consideration 4; 930, consideration 8; 2473, consideration 4; and 2494, consideration 4)."

    Reference(s)

    ILOAT Judgment(s): 447, 456, 723, 890, 930, 2473, 2494

    Keywords:

    burden of proof; date of notification; evidence; internal appeal; lack of evidence; late appeal; time bar; time limit;



  • Judgment 3225


    115th Session, 2013
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully asks for her short-term contracts to be converted into fixed-term contracts.

    Consideration 5

    Extract:

    "The complaint form was filed within the time limit specified in Article VII, paragraph 2, of the Statute of the Tribunal, albeit without the brief and supporting evidence which, according to Article 6, paragraph 1(b) and (c), of the Rules of the Tribunal, had to be appended to it. Contrary to [the defendant]’s submissions, this does not signify that the complaint was submitted out of time, since paragraph 2 of the above-mentioned article affords the complainant the possibility of correcting a complaint that does not meet the requirements of the Rules. In the instant case, the complaint was corrected on 30 March 2011, within the time limit set by the Registrar of the Tribunal."

    Reference(s)

    ILOAT reference: Article VII, paragraph 2, of the Statute; Article 6, paragraph 1(b) and (c), of the Rules

    Keywords:

    correction of complaint; date; formal requirements; iloat statute; time bar; time limit;



  • Judgment 3181


    114th Session, 2013
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant relies on the precedent established in Judgment 2782 to claim interest for late payment of a back pay.

    Consideration 11

    Extract:

    As the complainant submitted his request out of time, the requirement laid down in Article VII, paragraph 1, of the Statute of the Tribunal that internal means of redress must be exhausted has not been met, and both the complaint and the applications to intervene must be dismissed as irreceivable.

    Keywords:

    time bar;



  • Judgment 3132


    113th Session, 2012
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    As the Tribunal held in Judgment 456, under 2, the purpose of Article VII, paragraph 3, of its Statute is twofold. Firstly, it enables an official to defend his or her interests by going to the Tribunal when the Administrative has failed to take a decision. Secondly, it prevents a dispute from dragging on indefinitely and from coming before the Tribunal at a time when the material have altered or can no longer be determined with certainty. This would undermine the necessary stability of the parties' legal relations, which is the very justification for a time bar. As pointed out in Judgment 2901, under 8, it follows from the twin purposes that, if the Administrative fails to take a decision on a claim within sixty days, the person submitting it not only can, but must refer the matter to the Tribunal within the following ninety days, i.e. within 150 days of his or her claim being received by the organisation, otherwise his or her complaint will be irreceivable. In the present case, the 150 days mentionned above expired at the latest in mid to late June 2008. The complainant did not receive any response to her claim within sixty days of her sending the letter of 12 January 2008; this is not in dispute. Therefore, she had a further ninety days to refer the matter to the Tribunal on the basis of an implied decision rejecting her grievances. In some cases, even a response received subsequently can be considered as nullifying and replacing the implied decision. However, neither letters from the Agency responding to the complainant can be considered as an administrative decision which would nullify and replace the implied decision rejecting her grievances outlined in her letter of 12 January 2008. It is clear that they did not contain any expression of will on the part of the Agency to allow the complainant to use the internal mechanisms she chose not to use at the time she left the service of the Agency. Instead, the first letter limited itself to informing her that she had far exceeded the time limit for bringing formal grievances against the Agency and the second letter merely stated that the information contained in the first letter was still valid. That being so, the 150-day time limit mentionned above has expired and the complaint must be considered irreceivable and therefore be dismissed.

    Reference(s)

    ILOAT Judgment(s): 456, 2901

    Keywords:

    direct appeal to tribunal; late filing; time bar;



  • Judgment 3116


    113th Session, 2012
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant submitted his complaint by sending a scanned complaint form to the Tribunal via an e-mail of 11 May 2010, with only sections 1, 2, 3 and 5 filled in. One of the essential sections, section 4, had been left blank. He submitted a completed version of the form on 18 May 2010.
    "It should be recalled that Article 6(1)(a) of the Rules of the Tribunal sets out the requirements of form for filing a complaint: the complainant should fill in and sign the complaint form prescribed in the Schedule of those Rules. The complainant’s requests to the Tribunal that he be allowed to correct retroactively the incomplete initial complaint form, sent on 11 May 2010, and consequently that the completed revision of it, sent on 18 May, be accepted as having been filed on 11 May, are denied. Indeed, the entries in the initial complaint form did not suffice to identify the relief the complainant was claiming. Therefore, one of the essential requirements of form set out in Article 6(1) was not met and the complaint could not be registered as filed on 11 May 2010. Moreover, this case does not fall within the purview of the thirty-day time limit prescribed by Article 6(2) of the Rules for correction of complaints. [...] Consequently, the document filed on [11 May 2010] cannot be considered a complaint, as it did not contain the claims which are essential elements of a complaint. The complaint form, properly filled in, was filed on 18 May 2010, i.e. six days after the expiration of the ninety-day time limit. Therefore, the complaint must be considered irreceivable."

    Reference(s)

    ILOAT reference: Article 6, paragraphs 1 and 2, of the Rules

    Keywords:

    complaint form; correction of complaint; formal requirements; late filing; receivability of the complaint; time bar; time limit;



  • Judgment 3095


    112th Session, 2012
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    complaint dismissed; time bar;



  • Judgment 3078


    112th Session, 2012
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    complaint dismissed; time bar;



  • Judgment 3034


    111th Session, 2011
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 40

    Extract:

    The Tribunal further notes that there was no time limit for presenting applications under the Office Notice of 27 June 1991. Since their submission was not subject to any express time limit, which would indeed have been fairly nonsensical given that the applications were to be made in order to safeguard a right which might arise at a later date, there was nothing to prevent officials from submitting such applications up until the entry into force [...] of provisions rendering possible the transfer of pension rights acquired with Belgian pension schemes.

    Keywords:

    internal appeal; time bar;

    Consideration 13

    Extract:

    [I]n accordance with the principles governing the burden of proof when determining the receivability of complaints, it is up to the organisation which intends to rely on late submission to establish the date on which the impugned decisions were notified (see Judgments 723, under 4, or 2494, under 4). Since the Agency has failed to produce any acknowledgement of receipt or other document attesting to the date on which the decisions in question were notified, it has not furnished proof of the alleged late submission.

    Reference(s)

    ILOAT Judgment(s): 723, 2494

    Keywords:

    burden of proof; final decision; late filing; notification; time bar;



  • Judgment 3002


    111th Session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 13 to 15

    Extract:

    "As the Tribunal has repeatedly stated, it should not entertain a complaint filed out of time [...]. In particular, the fact that a complainant may have discovered a new fact showing that the impugned decision is unlawful only after the expiry of the time limit for submitting an appeal is not in principle a reason to deem his or her complaint receivable (see, for example, Judgments 602, under 3, 1466, under 5 and 6, or 2821, under 8).
    It is true that, notwithstanding these rules, the Tribunal's case law allows an employee concerned by an administrative decision which has become final to ask the Administration for review either when some new and unforeseeable fact of decisive importance has occurred since the decision was taken, or else when the employee is relying on facts or evidence of decisive importance of which he/she was not and could not have been aware before the decision was taken (see Judgments 676, under 1, 2203, under 7, or 2722, under 4). However, the fact that, after the expiry of the time limit for appealing against a decision, the Tribunal has rendered a judgment on the lawfulness of a similar decision in another case, does not come within the scope of these exceptions.
    In particular, in the instant case, the complainant's argument that the delivery of Judgment 2359 constitutes a new and unforeseeable fact of decisive importance, within the meaning of the above-cited case law, is to no avail. In Judgment 676 the Tribunal did accept that the delivery of one of its judgments could be described in these terms and could therefore have the effect of reopening the time limit within which a complainant could lodge an appeal. But the circumstances of the case were very special in that the Tribunal, in previous judgments which it cited in that case, had formulated a rule which had greatly altered the position of certain staff members of an organisation and which, although already applied by the organisation, had until then not been published or communicated to the staff members concerned. No exceptional circumstances of this nature exist in the instant case [...]."

    Reference(s)

    ILOAT Judgment(s): 602, 676, 1466, 2203, 2359, 2722, 2821

    Keywords:

    internal remedies exhausted; judgment of the tribunal; late appeal; new time limit; receivability of the complaint; suspension of the execution of a judgment; time bar; time limit;



  • Judgment 2966


    110th Session, 2011
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The Tribunal’s case law establishes that, if an appeal was time-barred and the internal appeals body was wrong to hear it, the Tribunal will not entertain a complaint challenging the decision taken on a recommendation of that body (see, for example, Judgments 775, under 1, and 2297, under 13).

    Reference(s)

    ILOAT Judgment(s): 775, 2297

    Keywords:

    internal appeal; internal appeals body; time bar;



  • Judgment 2951


    109th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "An appeal against a decision which has recurring effects cannot be time-barred: each month in which the complainant receives her payslip, in accordance with her step-in-grade assignment, must be considered a source of a new cause of action (see Judgment 978, under 8)."

    Reference(s)

    ILOAT Judgment(s): 978

    Keywords:

    administrative decision; cause of action; continuing breach; internal appeal; late appeal; payslip; time bar; time limit;



  • Judgment 2903


    108th Session, 2010
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9 to 11

    Extract:

    The complainant submits that the rejection of his second appeal on receivability grounds was incorrect. He argues that the breach of the Organisation's duty of care could only become apparent in the months or years that followed his separation from service and he considers that it had taken a decision against him, i. e. the decision to exclude him from a competition for a post, though it did not convey that decision to him.
    "The Tribunal finds that the complaint is irreceivable. Staff Rule 212.02 provides that a former staff member may bring an internal appeal against administrative decisions in accordance with Staff Regulation 12.1. That latter provision limits the internal appeal procedure to appeals of administrative decisions in relation to the non-observance of the terms of appointment, including all pertinent regulations and rules."
    "In the present case, the complaint arises from circumstances occurring after the complainant's separation from UNIDO and, therefore, is excluded by the Staff Regulations and Rules."
    "Further, although former officials may file complaints with the Tribunal, the Statute limits the Tribunal's jurisdiction to complaints alleging the non-observance of an official's terms of appointment and such provisions of the relevant Staff Regulations applicable to the case."

    Keywords:

    candidate; competence of tribunal; competition; internal appeal; non official; ratione personae; receivability of the complaint; right of appeal; separation from service; status of complainant; time bar;



  • Judgment 2901


    108th Session, 2010
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The Tribunal's case law [...] allow[s] a complaint against an implied rejection to be deemed receivable, notwithstanding the expiry of the time limit for filing a complaint, if a particular step taken by an organisation, such as sending a dilatory reply to the complainant, might give that person good reason to infer that his or her claim is still under consideration (see Judgment 941, under 6)."

    Reference(s)

    ILOAT Judgment(s): 941

    Keywords:

    absence of final decision; good faith; implied decision; internal appeal; late appeal; late filing; receivability of the complaint; time bar; time limit;



  • Judgment 2887


    108th Session, 2010
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The letter of 19 December 2007 conveyed the Director- General's reasons and his final decision rejecting the complainant's internal appeal. The subsequent letter of 24 January 2008 did not alter that earlier decision and provided no new grounds for it. Accordingly, it did not give rise to new time limits (see Judgment 2011, under 18). As the complaint was not filed within ninety days of the notification of the final decision dated 19 December 2007, as required by Article VII, paragraph 2, of the Tribunal's Statute, it is irreceivable."

    Reference(s)

    ILOAT reference: Article VII, paragraph 2, of the Statute
    ILOAT Judgment(s): 2011

    Keywords:

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

    Consideration 4

    Extract:

    Following the adoption by UNESCO of new classification standards, the complainant sought reclassification of her post. The Job Evaluation Committee and a desk audit confirmed that her post was appropriately classified at grade G-6. The Director-General endorsed that grading. The complainant seized the Tribunal but her complaint was dismissed as irreceivable.
    "The complainant's arguments as to the date of the final decision dismissing her internal appeal must be rejected. The letter of 17 October 2007 clearly indicated that the results of the desk audit would be communicated to the complainant together with the final decision. In that context, the letter of 19 December 2007 informing her of those results and of the Director-General's decision that no compensation would be granted and that her post would be maintained at grade G-6 could only be construed as a final decision with respect to her internal appeal. Although it would have been preferable if the letter of 19 December 2007 had expressly stated that it was a final decision and indicated that it could only be challenged by a complaint filed with the Tribunal, the subsequent letter of 24 January 2008 still allowed the complainant sufficient time within which to file a complaint."

    Keywords:

    complaint; decision; individual decision; internal appeal; receivability of the complaint; time bar; 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 2866


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4 and 5

    Extract:

    The complainant challenged the Organisation's decision not to grant her the expatriation allowance provided for in Article 72 (1) of the Service Regulations. The Tribunal held that she had failed to adduce cogent evidence that she fulfilled the requirements for the granting of the said allowance.
    "The EPO argues that although it was outside the time contemplated in Article 109(2) of the Service Regulations, a decision on the complainant's appeal was taken by the President and the appeal was forwarded to the Internal Appeals Committee prior to the complaint being filed. Accordingly, there was no longer an implicit rejection of the complainant's appeal and Article VII, paragraph 3, of the Tribunal's Statute does not apply. In its view, as the Tribunal held in Judgment 533, under 5, the complaint is irreceivable on the grounds that the internal means of redress have not been exhausted."
    "The EPO's reliance on Judgment 533 is misplaced. In the present case, by the EPO's own admission the decision was not taken within the time provided in Article 109(2) of the Service Regulations. As the Tribunal stated in Judgment 2562, under 6:
    "The EPO cannot be heard to argue that the complainant has failed to exhaust internal means of redress when the sole reason for his failing to do so was the EPO's own failure to abide by its own Service Regulations and to follow the timelines under Article 109(2). [...]"
    Accordingly, the complaint is receivable."

    Reference(s)

    ILOAT reference: Article VII, paragraph 3, of the Statute
    Organization rules reference: Article 109(2) of the Service Regulations
    ILOAT Judgment(s): 533, 2562

    Keywords:

    administrative delay; direct appeal to tribunal; implied decision; internal appeal; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint; time bar; time limit;



  • Judgment 2863


    108th Session, 2010
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant was notified of the decision he impugns before the Tribunal on 11 March 2008 and filed his complaint against the Eurocontrol Agency on 11 June 2008. The Agency contends that the complainant had three months as from 11 March 2008 to submit a complaint to the Tribunal in accordance with Article 93(3) of the Staff Regulations governing officials of the Eurocontrol Agency.
    "The Tribunal draws attention to the fact that the conditions for the receivability of complaints submitted to it are governed exclusively by the provisions of its own Statute. An organisation which has recognised the jurisdiction of the Tribunal may not depart from the rules which it has thus accepted. Article VII, paragraph 2, of the Statute of the Tribunal stipulates that '[t]o be receivable, a complaint must [...] have been filed within ninety days after the complainant was notified of the decision impugned or, in the case of a decision affecting a class of officials, after the decision was published'.
    It is therefore unlawful for Article 93 to set a different time limit for filing a complaint with the Tribunal by specifying that this must be done within three months rather than within ninety days. In the instant case the complainant, who was notified of the impugned decision on 11 March 2008, had ninety days to refer the matter to the Tribunal. While he is quite right in arguing that this period of time began on the day after that on which he had received notification and not on the date of notification itself, in accordance with the Tribunal's case law, his complaint is nonetheless time-barred, since this ninety-day period expired on 10 June. His complaint filed on 11 June 2008 was lodged on the ninety-first day after the day following that on which he was notified of the decision."

    Reference(s)

    ILOAT reference: Article VII, paragraph 2, of the Statute
    Organization rules reference: Article 93(3) of the Staff Regulations governing officials of the Eurocontrol Agency

    Keywords:

    complaint; condition; date; date of notification; difference; flaw; general decision; iloat statute; individual decision; organisation's duties; publication; receivability of the complaint; staff regulations and rules; start of time limit; time bar; time limit; written rule;



  • Judgment 2847


    107th Session, 2009
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    The complainant received family allowances paid at the full rate by Eurocontrol in respect of his three children but did not declare to the Agency that his partner was drawing family allowances from the competent national social security authority. According to Article 67(2) of the Staff Regulations, the amount of family allowances that Eurocontrol was paying him should have been reduced by the amount of the family allowances received by his partner. The complainant objects to the fact that the Agency has recovered the amount overpaid from the outset, i.e. over a five-year period, whereas in the opposite case, when the Agency makes a mistake to the detriment of an official, it usually benefits from rules of prescription which enable it greatly to reduce the amounts reimbursed.
    "[A]ccording to the Tribunal's case law, a claim for recovery of undue payment is not imprescriptible and must be brought - even in the absence of any provision in writing to this effect - in reasonable time (see Judgments 53, under 4, and 2565, under 7(c)). However [...] the five-year period concerned by the recovery of the overpayment [...] cannot be regarded in this case as an unreasonable length of time, particularly because the disputed reimbursement arises from concealment on the part of the complainant and because Eurocontrol did not fail to take the necessary steps to recover the sums in question."

    Reference(s)

    Organization rules reference: Article 67(2) of the Staff Regulations governing officials of the Eurocontrol Agency
    ILOAT Judgment(s): 53, 2565

    Keywords:

    accumulation; amount; breach; case law; dependent child; difference; domestic law; family allowance; injury; limits; misrepresentation; no provision; organisation's duties; payment; period; rate; reasonable time; recovery of overpayment; request by a party; staff member's duties; staff regulations and rules; time bar;

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