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New claim (19, 647,-666)

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Keywords: New claim
Total judgments found: 94

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  • Judgment 3069


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

    Consideration 5

    Extract:

    Although the complainant’s claim before the Joint Grievance Panel included a claim for “[s]uch other relief that [it] deem[ed] necessary, equitable and just”, that formula could not convert his claim for compensation in the amount of one Swiss franc – a claim for symbolic damages – into a claim for actual and moral damages as now sought. Accordingly, that claim is irreceivable and must be dismissed (see Judgment 2837, under 3, and the cases there cited). [I]t is to be remembered that, by Article VIII of its Statute, the Tribunal's powers are to rescind impugned decisions, to order the performance of obligations and to award compensation. As pointed out in Judgment 2636, under 16, the Tribunal is not empowered to order apologies. Nor is it empowered to order a staff member, who is not even a party to the proceedings before it, to withdraw his or her previous statements.

    Reference(s)

    ILOAT Judgment(s): 2636, 2837

    Keywords:

    compensation; competence of tribunal; new claim;



  • Judgment 3034


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

    Consideration 16

    Extract:

    As the Tribunal has consistently held, a complainant may not, in his or her rejoinder, enter new claims not contained in his or her original complaint (see Judgments 960, under 8, 1768, under 5, or 2996, under 6).

    Reference(s)

    ILOAT Judgment(s): 960, 1768, 2996

    Keywords:

    new claim; rejoinder;



  • Judgment 2965


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

    Consideration 11

    Extract:

    "[I]t is well established by the Tribunal's case law that a complainant may not, in his or her rejoinder, enter new claims not contained in his or her initial complaint (see, for example, Judgments 960, under 8, or 1768, under 5)."

    Reference(s)

    ILOAT Judgment(s): 960, 1768

    Keywords:

    new claim; receivability of the complaint; rejoinder;



  • Judgment 2891


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

    Consideration 6

    Extract:

    Following her reassignment, which in Judgment 2659 the Tribunal considered as a hidden disciplinary sanction, the complainant applied for her previous post. Her application was however not considered on the grounds that under Administrative Instruction No. 16 only applications from staff members who had serve in one position for a minimum of one year would be receivable. The complainant challenged the decision not to consider her application, arguing that it constituted discriminatory treatment. The Tribunal found in her favour and awarded her the compensation she had claimed.
    "While this case stems from the previous complaint, the two cases are separate and distinct, being based on different facts and different administrative decisions. Each unlawful decision must have its own remedy. Therefore, the Organization's assertion that the damages already paid to the complainant must be taken into account in the calculation of damages in the present case is incorrect."

    Reference(s)

    ILOAT Judgment(s): 2659

    Keywords:

    complaint; damages; difference; new claim; new plea;



  • Judgment 2837


    107th Session, 2009
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "[A]rguments raised before internal appeals bodies can be developed in a complaint before the Tribunal, but the complaint cannot include new claims (see, in particular, Judgments 429, under 1, 452, under 1, and 1380, under 12)."

    Reference(s)

    ILOAT Judgment(s): 429, 452, 1380

    Keywords:

    new claim; new plea; receivability of the complaint;



  • Judgment 2796


    106th Session, 2009
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant asks that the defendant provide him with a positive work reference and that information concerning the issues raised in his complaint be given to some delegates.
    "None of these matters was the subject of his internal appeals. Accordingly, those claims are irreceivable (see Judgments 899, 1263, 1443 and 2213). Further and save in exceptional cases where an international organisation has a continuing duty to undo damage caused by its own communications to a third party, as in Judgment 2720, the Tribunal is not competent to issue orders of the kind sought (see Judgments 126, 1591 and 2058)."

    Reference(s)

    ILOAT Judgment(s): 126, 899, 1263, 1443, 1591, 2058, 2213, 2720

    Keywords:

    claim; communication to third party; compensation; competence of tribunal; exception; injury; internal appeal; internal remedies exhausted; new claim; organisation's duties; receivability of the complaint;



  • Judgment 2622


    103rd Session, 2007
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3-4

    Extract:

    The Organisation submits that some of these claims are irreceivable, arguing that they fall outside the scope of the internal appeal filed by the complainant. Basically, however, the claims merely expand on the initial appeal, the main aim of which was to challenge the method of calculation of the disputed adjustment on the grounds that it violated the applicable rules.
    The complainant’s claims, though admissible, are unfounded.

    Keywords:

    new claim;



  • Judgment 2457


    99th Session, 2005
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Organisation contends that the claims for damages are irreceivable because they were put forward in this specific manner for the first time in the complaint. However, it appears from the submissions that the request concerning damages had in fact been made in the course of the internal appeal procedure, albeit only orally and in general terms. [...] The Tribunal therefore considers that, in accordance with the case law (see in particular Judgment 2360), the claims for damages are receivable."

    Reference(s)

    ILOAT Judgment(s): 2360

    Keywords:

    appraisal of evidence; breach; case law; claim; complaint; evidence; formal requirements; internal appeal; internal remedies exhausted; material damages; moral injury; new claim; procedure before the tribunal; receivability of the complaint; request by a party;



  • Judgment 2417


    98th Session, 2005
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The Appeals Committee accepted that the whole of the complainant's appeal was receivable. The essence of his grievance was contained in his original appeal and his reply was simply an expansion on the relief requested but did not raise a new ground of appeal. That finding was correct and the Tribunal endorses it." (see Judgment 2416, under 11)

    Reference(s)

    ILOAT Judgment(s): 2416

    Keywords:

    claim; compensation; internal appeal; internal appeals body; new claim; new plea; receivability of the complaint; report;



  • Judgment 2416


    98th Session, 2005
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8 and 11

    Extract:

    "The EPO's position is that because the claim for damages was made as an oral submission during the [Appeals] Committee hearings [...], rather than being included in the complainant's original written submissions, it was not actually part of the internal appeal and therefore cannot now be claimed before the Tribunal. [...]
    The objection to receivability is misconceived. The Appeals Committee accepted that the complainant could make a claim for damages and heard both parties on the question. The reason that the Tribunal insists that any claim made before it must first have been asserted in the internal appeal process is that Article VII(1) of its Statute demands that the complainant first exhaust any available internal means of redress. The EPO has not shown that there is any equivalent provision relating to internal appeals, and it is desirable that such appeals should be as unencumbered as possible by procedural obstacles provided that elementary fairness is observed."

    Reference(s)

    ILOAT reference: Article VII(1) of the Statute

    Keywords:

    adversarial proceedings; claim; equity; general principle; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; moral injury; new claim; oral proceedings; receivability of the complaint;



  • Judgment 2364


    97th Session, 2004
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Even though it is only the 'decision' of 10 March 2002 which he wishes to have set aside, the complainant refers to facts which arose after that date and adds in his rejoinder that, since the final decision was dated 23 July 2002, 'all grievances raised until that date can validly be taken into account' as part of his complaint. [...] With regard to the claims based on facts subsequent to 10 March 2002 and presented as grounds for appeal, since internal remedies were not exhausted (Article VII(1) of the Statute of the Tribunal), they must be deemed irreceivable. [...] Furthermore, the validity of a decision or measure cannot be judged on the basis of facts occurring subsequently to that decision or measure."

    Reference(s)

    ILOAT reference: Article VII(1) of the Statute

    Keywords:

    claim; complaint; date; grounds; iloat statute; internal remedies exhausted; new claim; receivability of the complaint; rejoinder; subsequent fact;



  • Judgment 2306


    96th Session, 2004
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant seeks the creation of an Office of the Ombudsman. "So far as concerns the claim [...], the complaint is clearly irreceivable. In this regard, it is sufficient to note that [the] claim was made for the first time in the complaint to the Tribunal and, accordingly, no decision could have been made on that issue prior to the filing of the complaint. More importantly, the claim does not concern the non-observance of the complainant's terms of appointment or of the provisions of the Staff Regulations of the [Organization], they being the only matters upon which this Tribunal is competent to adjudicate."

    Keywords:

    absence of final decision; breach; claim; competence of tribunal; consequence; contract; iloat; internal appeal; new claim; procedure before the tribunal; provision; receivability of the complaint; staff regulations and rules;



  • Judgment 2239


    95th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "Since the complaints fail, so must the applications to intervene, it being noted that certain claims they contain which differ from those submitted in the complaints are in any case irreceivable."

    Keywords:

    claim; complaint; difference; intervention; new claim; receivability of the complaint; refusal; request by a party;



  • Judgment 2218


    95th Session, 2003
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The Organization argues that the complainant submitted new "conclusions" to the Tribunal, compared to those he had put forward in his internal appeal [...]. In fact, the complainant's pleas, whether in the internal appeal or before the Tribunal, consist in challenging the decision taken regarding his grade and in obtaining a position in the normal salary scale at the level closest to the salary he had been receiving in the previous system. His request to be placed at a graded level within the new scale instead of one altogether outside the scale cannot properly be considered as going beyond the claims he had submitted in the internal appeals proceedings".

    Keywords:

    claim; complainant; complaint; decision; identical claims; iloat; internal appeal; interpretation; new claim; procedure before the tribunal; receivability of the complaint; request by a party; salary; scale;



  • Judgment 2213


    95th Session, 2003
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The financial claims the complainant submits in his application for review are greater than those he put forward in the proceedings of the judgment he wants to have reviewed. "To that extent, they are [...] irreceivable on the grounds that internal remedies have not been exhausted."

    Keywords:

    allowance; application for review; internal remedies exhausted; new claim; receivability of the complaint;



  • Judgment 1792


    86th Session, 1999
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Someone who intervenes in a complaint [...] may not put forward any pleas but the complainant's. The intervener must have the same claims as the complainant and seek the same redress on the strength of the same pleas." (See Judgments 365 and 366.)

    Reference(s)

    ILOAT Judgment(s): 365, 366

    Keywords:

    application for execution; claim; complaint; difference; intervention; judgment of the tribunal; new claim; new plea;



  • Judgment 1519


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The organization "objects that [one of] the complainants' [pleas] is irreceivable because they did not put it forward in support of their original claim. The objection is mistaken: receivability depends on the making of prior claims, not of prior pleas. [...] They may enter whatever pleas they like, including any they did not make in support of their internal appeal."

    Keywords:

    claim; complaint; internal appeal; new claim; new plea; receivability of the complaint;



  • Judgment 1504


    81st Session, 1996
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "It is not appropriate for [the complainant] to make a counterclaim to damages [for the moral injury allegedly caused to her] in the context of her submissions on an application by the organization for review [...] The claim arises out of a separate cause of action and is one that she should pursue separately."

    Keywords:

    application for review; claim; counterclaim; moral injury; new claim;



  • Judgment 1443


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The complainant may not put wider claims to the Tribunal than in the internal appeal".

    Keywords:

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



  • Judgment 1433


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "As to his further claims in his rejoinder, the Tribunal observes that [...] the complainant neither challenged [a given claim] in his internal appeal [...] nor set out the claims in the form introducing the present complaint. He has made the claims in internal appeals which are still pending, and the claims are therefore at present irreceivable under Article VII(1) of the Tribunal's Statute because he has failed to exhaust the internal means of redress."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    absence of final decision; claim; complaint; iloat statute; internal remedies exhausted; new claim; receivability of the complaint; rejoinder;

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Last updated: 28.11.2022 ^ top