Confirmatory decision (27,-666)
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Keywords: Confirmatory decision
Total judgments found: 45
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Judgment 1091
70th Session, 1991
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's appeal against delays in the procedure to regrade his post was rejected by a decision of 10 October 1989. The decision was confirmed in a memorandum of 4 December 1989. The time limit for appeal to the Tribunal ran from 10 October. The complaint having been filed on 2 March 1990 it is time-barred.
Keywords:
complaint; confirmatory decision; decision; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 963
66th Session, 1989
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants received notification in their pay slips of a 0.7 per cent reduction in the refundable amount of education expenses which they had incurred. The organisation contends that the pay slips merely confirmed earlier decisions, viz. a general decision of 7 July 1987. The Tribunal holds that the impugned decisions were individual ones that cause the complainants injury, and not confirmations of earlier decisions.
Keywords:
cause of action; confirmatory decision; decision; deduction; education expenses; general decision; individual decision; payslip; receivability of the complaint; reduction of salary; refund; salary;
Judgment 922
65th Session, 1988
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal set aside the original dismissal and ordered review. Compliance with its ruling calls for more than a bald affirmation that there has been further inquiry. The complainant ought to have been received and given his say, and the decision he is now challenging ought to have set out the findings of the further inquiry. Such response to the Tribunal's ruling is cavalier and unacceptable."
Keywords:
confirmatory decision; consequence; decision; flaw; organisation's duties; procedure before the tribunal; right to reply;
Summary
Extract:
In Judgment 868 the Tribunal quashed the decision to dismiss the complainant on the grounds of unsatisfactory performance and referred the case back to the Union. The organisation having merely confirmed its earlier decision without further inquiry, the new decision is set aside and "the Union shall pay the complainant damages equivalent to the sums he would have been paid had he remained on the staff from the date of his dismissal up to the date of this judgment."
Reference(s)
ILOAT Judgment(s): 868
Keywords:
amount; confirmatory decision; material damages; termination of employment; unsatisfactory service;
Judgment 759
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"With one exception any decision by the EPO may be challenged before the Tribunal as is prescribed in its Statute. The exception is a decision that merely confirms or reproduces the original one and is not based on any further inquiry or any new grounds. But there will be confirmation only if the later decision is identical in substance to the original one."
Keywords:
confirmatory decision; definition; receivability of the complaint; same purpose;
Judgment 698
57th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"It is immaterial that there was correspondence after the decision of 24 May. insofar as that correspondence related to the issues decided on 24 May it merely confirmed the decision and set off no new time limit for lodging an internal appeal."
Keywords:
complaint; confirmatory decision; internal appeal; internal remedies exhausted; new time limit; receivability of the complaint; time bar; time limit;
Judgment 660
56th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The material decision would have had the effect of setting a new time limit for filing a complaint only if it had altered the previous decision or at least provided further justification for it. Since it amounted to mere confirmation, it does not affect the irreceivability of the complaint as held by the Tribunal.
Keywords:
confirmatory decision; decision; new time limit; receivability of the complaint; time bar; time limit;
Consideration 2
Extract:
"The organisation rejected her 'complaint' and thereby confirmed the decision" which the complainant was challenging.
Keywords:
confirmatory decision;
Judgment 659
56th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 660, consideration 3.
Reference(s)
ILOAT Judgment(s): 660
Keywords:
confirmatory decision; decision; new time limit; receivability of the complaint; time bar; time limit;
Judgment 649
55th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
In this case, "the Board's further comments and the Director-General's further approval did not alter a whit the previous comments and decision. Being mere confirmation, they set off no new time limit for filing a complaint. The complaint is irreceivable because" the time limit for filing it had expired.
Keywords:
confirmatory decision; internal appeal; new time limit; receivability of the complaint; time bar; time limit;
Judgment 586
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-4
Extract:
"The question is [...] whether the claim which was rejected [...] had not only the same purpose - reinstatement - but also the same legal basis as the one rejected by the impugned decision". The examination "leaves no doubt that the impugned decision, though not in the same terms [...] had the same meaning and purport: it merely confirmed" the organisation's view. "It is therefore plain that the impugned decision was no more than confirmation and gave rise to no new time limit."
Keywords:
complaint; confirmatory decision; new time limit; receivability of the complaint; time bar;
Judgment 507
48th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainants received letters dated 6 March signed by an officer of the personnel service terminating their employment upon the instructions of the Director-General. "It does not [...] follow from this [...] that the letter [...] was a final decision. It would not so follow even if that letter had been signed by the Director-General himself. Not every decision of the Director-General is a final decision. The complainants assumed rightly that the Director-General would not reach a final decision until after he had considered carefully what they had to say. His letter of 21 May was not, as the organisation contends, 'purely confirmatory' of the letter of 6 March and it contains the final decision. The objection to receivability is overruled."
Keywords:
confirmatory decision; decision; receivability of the complaint;
Judgment 478
47th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant's first claim was rejected. In his reply to the second, which was based on the same cause of action as the first, "the Director, who had carried out no further inquiry, merely confirmed his earlier position. The [second] decision [...] was therefore purely confirmatory in character and did not give rise to any new time limit." As the time limit was not extended, the appeal is time-barred.
Keywords:
complaint; confirmatory decision; decision; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 413
44th Session, 1980
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
On 29 November 1978 the Director-General informed the complainant of his intention to renew his contract for one year, but that it could not be renewed for any longer. On 28 February 1979 the complainant asked on what grounds he had been dismissed. On 15 March the Director-General, in drawing a distinction between the expiry of a fixed-term contract and dismissal, declined to give the explanation asked for. "Thus [he] merely upheld the decision taken on 29 November [...] and so set no new time limit for filing a complaint." The complaint, dated 20 May 1979, is time-barred.
Keywords:
complaint; confirmatory decision; new time limit; receivability of the complaint; time bar; time limit;
Judgment 404
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organisation argues that the second decision under challenge merely upheld the former, that the time limit must therefore be calculated from the date of the first decision (3 October). "In fact the decision of 18 December does not merely confirm the earlier one: it rejects the complainant's application for referral of her case to the Joint Committee and thus bars resort to an internal means of redress. Whether the time limit should run from 3 October or 18 December is therefore a matter of some doubt. It may remain unsettled [...] since the complainant's pleas are manifestly without substance."
Keywords:
confirmatory decision; date of notification; decision; internal appeal; organisation; refusal; start of time limit;
Judgment 364
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Time runs from the latest effective decision. If it has run out from that decision, it does not begin to run again from a later decision which does no more than affirm the earlier one."
Keywords:
confirmatory decision; date of notification; decision; new time limit; start of time limit; time limit;
Judgment 347
40th Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant was promoted but granted no seniority at his new step. He failed to impugn that decision in time. Claiming that he had been less fairly treated than officials promoted in the meantime, the complainant submitted a further request to the Director-General, which was dismissed. Although the effect of that decision is the same as that of the first decision, it is an answer to the claim made by the complainant. "Since it is not merely confirmatory, it may be impugned before the Tribunal."
Keywords:
confirmatory decision; internal appeal; promotion; receivability of the complaint; seniority; time bar;
Judgment 333
40th Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant appealed to the Director-General within the time limit for disputed claims. The Director-General dismissed her appeal by a letter which was not merely confirmatory. The complaint impugning that decision was filed within the time limit and is therefore receivable.
Keywords:
complaint; confirmatory decision; internal appeal; receivability of the complaint; start of time limit; time limit;
Judgment 305
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[T]hat further decision was a refusal to reconsider [the earlier decision] and is therefore a mere confirmation: it cannot give rise to a new ninety-day period when the first was allowed to lapse."
Keywords:
complaint; confirmatory decision; new time limit; receivability of the complaint; time bar;
Judgment 270
36th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"In view of the explanations which it contains, and in particular the reference to a circular subsequent to the notification [contested by complainant], the reply [by the organisation] is not a mere confirmation of that notification. In fact it is a new decision which gave rise to a new time limit for appeal."
Keywords:
confirmatory decision; internal appeal; internal remedies exhausted; new time limit; receivability of the complaint; time limit;
Judgment 259
35th Session, 1975
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The decision in question, which merely upheld an earlier decision, could "not give rise to new time limits for the lodging of an appeal by the complainant."
Keywords:
confirmatory decision; decision; internal appeal; new time limit; receivability of the complaint; time bar; time limit;
Judgment 236
32nd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The publication of a list of officials does not confirm the decision to transfer the complainant [against which appeal is time-barred] and does not constitute a new decision. The complaint is irreceivable.
Keywords:
complaint; confirmatory decision; receivability of the complaint; time bar; transfer;
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