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Claim (18, 19, 647, 20, 92, 675,-666)

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Keywords: Claim
Total judgments found: 133

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  • Judgment 1380


    78th Session, 1995
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The complainant is seeking material and moral damages. The Tribunal observes that she made no such claim during the internal appeals proceedings and holds that her claim "is irreceivable under Article VII(1) of the Tribunal's Statute because she has not exhausted the internal means of appeal."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    claim; iloat statute; internal appeal; internal remedies exhausted; material damages; moral injury; new claim; receivability of the complaint;



  • Judgment 1263


    75th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2-3

    Extract:

    The organization contends that one of [the complainant's] claims is irreceivable for failure to exhaust the internal means of redress. It observes that neither did he make a written protest on that score or an appeal to the Appeals Board. The claim was not even mentioned in the cause of the original proceedings which led to an earlier judgment of the Tribunal on a case also brought by the complainant. He does not deny that he made no internal appeal but merely asserts that it was discriminatory and unlawful not to grant him satisfaction. "So his complaint is indisputably irreceivable under this head."

    Keywords:

    claim; internal appeal; internal appeals body; internal remedies exhausted; judgment of the tribunal; receivability of the complaint;

    Consideration 4

    Extract:

    "Identity of purpose means that what the complainant is seeking is what he would have obtained had his earlier suit succeeded. And it is not the actual working of the decision that matters but the complainant's intent."

    Keywords:

    claim; complaint; criteria; receivability of the complaint; res judicata; same purpose;

    Consideration 6

    Extract:

    "His claim to material damages for failure to distribute [a circular] is made for the first time in this complaint and did not form the subject of prior appeal to the Director-General. It is irreceivable because he has failed to exhaust the internal means of redress."

    Keywords:

    claim; iloat statute; internal remedies exhausted; new claim; receivability of the complaint;



  • Judgment 1233


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant seeks the quashing of her dismissal for reasons of health. Such dismissal, she maintains, was wrong unless her incapacity was total. The claim "is receivable because several times she sought the quashing of her dismissal and put the matter to the Appeals Board. Though she did withdraw several appeals that were before the Board she never expressly waived her objections to dismissal."

    Keywords:

    claim; health reasons; internal appeal; internal remedies exhausted; receivability of the complaint; termination of employment; waiver of right of appeal; withdrawal of suit;



  • Judgment 1221


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Under challenge is a passage from a memorandum which the complainant alleges changed the duties of her post. She seeks the quashing of that text. Such a claim is irreceivable. "A staff member may challenge a text only if it amounts to a decision and affects him adversely. [...] The fact of the matter is that no decision was taken and her claim to the striking out of the [text] cannot be entertained."

    Keywords:

    absence of final decision; cause of action; claim; condition; receivability of the complaint;



  • Judgment 1213


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

    Consideration 3

    Extract:

    The complainant is claiming assignment to a specific post. The meaning of Article VIII of the Tribunal's Statute, "as the case law has construed it, is that the Tribunal may not order an organisation to put a staff member on any particular post. All it may do is set aside an unlawful decision putting someone on a post or refusing to do so or order specific performance where the organisation has failed to discharge an obligation. In this case [...] the complainant's claim [...] fails because it is irreceivable."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE

    Keywords:

    assignment; case law; claim; competence of tribunal; iloat statute; interpretation; organisation's duties; post; receivability of the complaint;



  • Judgment 1160


    72nd Session, 1992
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "Further claims [from one of the complainants] to a ruling on the Organization's alleged failure to deal with the issues in his statements of appeal and to 'directions' to the administration 'in the interest of justice' do not constitute proper forms of relief and therefore will not be entertained."

    Keywords:

    claim; compensation; failure to answer claim; internal appeal; receivability of the complaint;



  • Judgment 1149


    72nd Session, 1992
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "According to the case law, the scope of claims to the Tribunal may not go beyond that of the claims that formed part of the internal appeal, since any claim that goes further is barred under the rule in Article VII(1) of the Tribunal's Statute that the complainant must have exhausted the internal means of redress."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    case law; claim; iloat statute; internal remedies exhausted; new claim; receivability of the complaint;



  • Judgment 994


    68th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10, Summary

    Extract:

    The Tribunal will only set aside a decision to the extent of the complainant's claims for relief.

    Keywords:

    claim; competence of tribunal; limits;



  • Judgment 917


    65th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The complainant has failed, however, to identify any decision of the organization's which in her submission constitutes breach of the terms of her appointment or of the FAO Regulations or Rules and which causes her injury. The Tribunal will therefore not entertain her claims under that head."

    Keywords:

    cause of action; claim; complaint; lack of injury;



  • Judgment 801


    61st Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The complainant's claims to "effective measures preventing further persecution" and recognition of his right to go back to his post in The Hague are irreceivable because he is not challenging any decision adversely affecting him.

    Keywords:

    cause of action; claim; no cause of action; receivability of the complaint;



  • Judgment 666


    56th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    In this case, "the complainants' pleas and claims are not stated in identical terms, but in substance their case is the same. [...] All three complainants are in the same factual position. [...] A further fact that is material, in view of the nature of their claims, is that all three are married and have children [...] The material issue in the three cases is in essence the same and the Tribunal will rule on the single legal issue which the three complaints raise."

    Keywords:

    claim; difference; identical facts; joinder;



  • Judgment 663


    56th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "Although there are some differences between the four complaints, which impugn different decisions and put forward not quite identical claims, the decisions do form a single pattern of which each complaint challenges different elements, all four being closely and indeed inextricably linked by an identity of substance. They all raise the same preliminary issue, and one on which the Tribunal may give a single ruling, namely the receivability of a complaint challenging a general decision by the Council."

    Keywords:

    claim; difference; joinder;



  • Judgment 649


    55th Session, 1985
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant invites the Tribunal to order the immediate execution of the judgment in question. The organisation pleads that the claim is irreceivable on the grounds that the complainant has failed to exhaust the internal means of redress. "This plea is unsound. Failure to execute a judgment does not constitute breach of the Staff Regulations or of the contract of employment or unjustifiable or unfair treatment and therefore cannot come under [the Staff Regulations]. What the complainant is asking for is neither more nor less than execution of a decision by the Tribunal on a matter within its competence, and the Tribunal may determine whether due effect has been given to that decision."

    Keywords:

    application for execution; claim; competence of tribunal; execution of judgment; internal remedies exhausted; judgment of the tribunal; receivability of the complaint;



  • Judgment 565


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5(D)

    Extract:

    "According to the Tribunal's case law claims to compensation are receivable if linked with a claim for breach of a contract of appointment or of the Staff Regulations."

    Keywords:

    claim; condition; damages; receivability of the complaint;



  • Judgment 506


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The case is an important one, and the Tribunal awards the complainant costs even though she has not expressly claimed them."

    Keywords:

    claim; costs;



  • Judgment 501


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The claims "for the issue of orders [by the Tribunal] to the organization are [...] irreceivable."

    Keywords:

    claim; competence of tribunal; receivability of the complaint;



  • Judgment 442


    46th Session, 1981
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "There may be either one or two stages in review proceedings. The Tribunal will first determine whether the plea is admissible. If it is not, the Tribunal will dismiss the application without looking further. If it holds any of the pleas to be admissible, it will then reconsider its judgment on the basis of the evidence adduced in the review proceedings. Those are the only circumstances in which the Tribunal will hear the complainant's submissions on the merits."

    Reference(s)

    ILOAT Judgment(s): 404

    Keywords:

    application for review; claim; elements; judgment of the tribunal; procedure before the tribunal; receivability of the complaint;

    Consideration 10

    Extract:

    In dismissing all the complainant's claims for relief, the Tribunal rejected by implication her claims for compensation for moral prejudice. It did not pass express comment on those claims nor state its reasons for dismissing them. This failure affords a valid ground for review.

    Reference(s)

    ILOAT Judgment(s): 404

    Keywords:

    admissible grounds for review; allowance; application for review; claim; grounds; moral injury; omission to rule on a claim; refusal;



  • Judgment 382


    42nd Session, 1979
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The organization objects to the jurisdiction of the Tribunal "on the ground that, if the complaints are established, the Tribunal is not competent to grant the relief sought. Since [...] the Tribunal would, if the facts justify it, be competent to grant relief in some other appropriate form, the preliminary objection fails."

    Keywords:

    claim; competence of tribunal;



  • Judgment 381


    42nd Session, 1979
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    See Judgment 382, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 382

    Keywords:

    claim; competence of tribunal;



  • Judgment 380


    42nd Session, 1979
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 382, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 382

    Keywords:

    claim; competence of tribunal;

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Last updated: 14.10.2021 ^ top