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Late decision (39,-666)

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Keywords: Late decision
Total judgments found: 9

  • 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 2522


    100th Session, 2006
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The Tribunal concludes that the internal appeal proceedings were not conducted with due diligence or with the care owed by an international organisation to its staff. The complainant had reason to believe that the Agency was making every effort to hamper the proceedings to prevent them from being concluded within a reasonable time. He was not informed of the final outcome of his internal appeal until nearly two months after the Director General had taken his final decision. Moreover, the latter replied to the complainant's request for review more than three months after the request was submitted, and only after an appeal had been lodged with the Joint Appeals Board. The Tribunal concludes from the above that the complainant suffered moral injury."

    Keywords:

    decision; delay; due process; evidence; internal appeal; late decision; moral injury; organisation's duties; procedure before the tribunal; reasonable time; staff member's interest; time limit;



  • Judgment 1788


    86th Session, 1999
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Having won satisfaction only after filing suit, the complainant is entitled to costs in the amount he claims: 5,000 Swiss francs."

    Keywords:

    costs; late decision; tribunal; withdrawal of decision;



  • Judgment 1096


    70th Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "Since the complaints have met the requirements of [article] VII [of the Tribunal's Statute] and the time limits therein the plea of irreceivability fails. The organisation's belated decisions expressly rejecting the appeals do not alter the substance of the dispute, which turns on the rejection to be inferred from expiry of the time limit in [Article]VII(3)."

    Reference(s)

    ILOAT reference: ARTICLE VII(3) OF THE STATUTE

    Keywords:

    complaint; express decision; failure to answer claim; implied decision; late decision; receivability of the complaint; time limit;



  • Judgment 852


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Faced with the administration's failure to take action on the basis of the Appeals Committee's report, the complainant filed a complaint within the three-month time limit set by Article VII of the Statute of the Tribunal. The final decision was later taken, after the expiry of the time limits in the Service Regulations. It follows that the organisation's objections to receivability must be dismissed. The proceedings shall resume on the merits.

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    case pending; case sent back to organisation; decision; failure to answer claim; further submissions on the merits; late decision; procedure before the tribunal; receivability of the complaint; refusal; reply confined to receivability; tribunal;



  • Judgment 804


    61st Session, 1987
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3-4

    Extract:

    At the date on which the complaint was filed, the organisation "had not yet taken any challengeable decision, there was no more than a recommendation by the Appeal Board [...] But the complainant put the mistake right not only within the time limit for filing the complaint but also within the one for correcting it which the registrar set [...] In the interests of fair process the correction will be allowed."

    Keywords:

    absence of final decision; complaint; correction of complaint; date; internal remedies exhausted; late decision; receivability of the complaint;



  • Judgment 786


    60th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "If a decision is taken, not within the 60 days, but at least before the complaint is filed, the complainant may not allege an implied decision [...] There is the case in which the Appeals Committee fails to report within a reasonable lapse of time: the staff member may then allege an implied decision."

    Keywords:

    failure to answer claim; implied decision; internal remedies exhausted; late decision; reasonable time; receivability of the complaint; time limit;



  • Judgment 408


    44th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Doubtless [the internal appeals body] showed the organization too much forbearance. [...] Yet the evidence casts no doubt on its willingness to hear the appeal before it. [...] While the complainants were lodging their complaints with the Tribunal the [Appeals] Board was on the point of giving a decision. In the circumstances there are no grounds for allowing any derogation from the rule that the internal means of redress shall have been exhausted."

    Keywords:

    administrative delay; exception; internal appeal; internal appeals body; internal remedies exhausted; late decision;



  • Judgment 313


    39th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The chairman of the Appeals Committee having indicated that the proceedings were suspended, the complainant filed his complaint. Subsequently, the Director-General accepted the recommendation of the Committee and dismissed the appeal. "A party should not suffer prejudice from acting on even the mistaken suggestion of an appeals body. Having followed the suggestion in the chairman's letter, the complainant cannot be taken to task for acting too soon and failing to file his complaint again after [...] the [...] decision."

    Keywords:

    administrative delay; direct appeal to tribunal; internal appeal; internal appeals body; late decision; procedure before the tribunal; receivability of the complaint;


 
Last updated: 23.10.2020 ^ top