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Internal procedure (668,-666)

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Keywords: Internal procedure
Total judgments found: 24

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  • Judgment 4231


    129th Session, 2020
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend his fixed-term appointment and to place him on special leave with pay until his contract expired.

    Consideration 11

    Extract:

    The complainant’s further plea that his right to due process was breached because the Appeals Committee did not hold a hearing in which witnesses were called also fails. According to Staff Rule 331.3.62, it is within the discretion of the Appeals Committee to determine whether hearings are necessary so it was under no obligation to call the witnesses whom the complainant wished it to hear (see, for example, Judgment 3846, consideration 6).

    Reference(s)

    ILOAT Judgment(s): 3846

    Keywords:

    due process; internal procedure; oral proceedings;



  • Judgment 4228


    129th Session, 2020
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reject his request for compensation for loss of earnings allegedly caused by a service-incurred injury.

    Consideration 6

    Extract:

    According to that provision [Manual paragraph 342.6.522], the ACCC is not required to hold hearings, and as the case at hand regarded only a question of law, the Tribunal finds no flaw in the ACCC’s determination that hearings were unnecessary.

    Keywords:

    internal procedure; oral proceedings;



  • Judgment 4220


    129th Session, 2020
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the rejection of their requests for an agreed separation.

    Consideration 15

    Extract:

    [T]he requests for costs for the internal appeals are unfounded. There is no provision which allows for an award of legal costs for the internal appeal proceedings and there are no exceptional circumstances in these cases which could justify such an award.

    Keywords:

    costs; costs for internal appeal procedure; internal procedure;



  • Judgment 4217


    129th Session, 2020
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to provide her with the record of the investigation that ensued after she filed a harassment complaint against her supervisor, and the fact that she received no compensation for the moral harassment that she claims to have suffered.

    Consideration 12

    Extract:

    [T]he Tribunal considers that there are no grounds for awarding costs in respect of the internal appeal proceedings. Such costs may only be awarded under exceptional circumstances, which do not exist in the present case.

    Keywords:

    costs; internal procedure;



  • Judgment 4216


    129th Session, 2020
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the lawfulness of the decision to cancel a competition procedure in which he took part.

    Consideration 15

    Extract:

    [T]here are no grounds for awarding [the complainant] costs for the internal appeal proceedings. Under the Tribunal’s case law, costs of this kind may be awarded only in exceptional circumstances (see, in particular, Judgment 4156, consideration 9). Such circumstances are not evident from the written submissions in this case.

    Reference(s)

    ILOAT Judgment(s): 4156

    Keywords:

    costs awarded; internal procedure;



  • Judgment 4204


    128th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision of the Appeals Committee to close the case in light of Judgment 3893.

    Consideration 6

    Extract:

    As the Tribunal’s decision in Judgment 3893 is res judicata, the Appeals Committee rightly determined that it could not re-open the case.

    Reference(s)

    ILOAT Judgment(s): 3893

    Keywords:

    internal procedure; res judicata;



  • Judgment 4147


    128th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision not to retain his candidature for a post.

    Consideration 13

    Extract:

    The consistent case law of the Tribunal has it that the amount of compensation for unreasonable delay will ordinarily be influenced by the interrelated considerations of the length of the delay and the effect of the delay (see Judgments 3160, under 17, 3582, under 4, 3688, under 12, and 3879, under 5). In the present case, the complainant has not articulated what impact the delay has had on him. Accordingly, no award of moral damages will be made.

    Reference(s)

    ILOAT Judgment(s): 3160, 3582, 3688, 3879

    Keywords:

    delay; internal procedure; moral injury;



  • Judgment 4118


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the findings of the Medical Committee according to which his invalidity is not of occupational origin.

    Consideration 2

    Extract:

    With respect to the claims directed against the “decision” of the Medical Committee [...], the Tribunal notes at the outset that they are manifestly irreceivable, inasmuch as the alleged decision is only an opinion amounting to a preparatory step which, as such,cannot be appealed. The only act adversely affecting the complainant is the administrative decision taken in light of that opinion, namely, in this case, the decision of the President of the Office [...]. Thus, as the complainant himself appears to admit in his rejoinder, it is that decision that he should have challenged, if he considered that he had grounds to do so, and not the opinion of the Medical Committee [...].

    Keywords:

    final decision; internal procedure; step in the procedure;



  • Judgment 4112


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests retroactively his promotions.

    Consideration 5

    Extract:

    The approach of the [Internal Appeals Committee] and the complainant involves a misconception about the width of the principle concerning “new facts” which allows for some flexibility with the strict application of time limits. The principle is only engaged when the new fact or facts relate directly to and impact upon the decision which the complainant sought to challenge out of time. In the present case, the operative administrative decisions with direct legal effect were the promotion decisions. The fact or facts identified by the [Internal Appeals Committee] did not relate directly to nor impacted upon the promotion decisions. They were nothing more than facts evidencing an emerging environment concerning and manifesting the inadequacies of the career arrangements then operating in the EPO.

    Keywords:

    internal procedure; new fact;



  • Judgment 4074


    127th Session, 2019
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to review or amend the separation agreement offered to him and to terminate his appointment without the appropriate financial package.

    Consideration 17

    Extract:

    The complainant seeks moral damages for the delay in the internal consideration of his grievance. The Global Fund argues this claim is irreceivable. Routinely and necessarily such a claim can only first be made in the Tribunal. The claim is receivable. The Global Fund contends the internal appeal process took 11 months, which was reasonable. The complainant draws attention to the fact that there was a period of nearly 18 months between the public delivery of the Tribunal’s judgment and the final decision of the Executive Director. Even taking that longer period, significant periods of time can be attributed to the conduct of the complainant or his counsel, particularly the time taken to respond to a Global Fund proposal concerning informal discussions to resolve the matter in the first half of 2015. The internal appeal took approximately 11 months. This is a lengthy period but, in all the circumstances including the factual and legal complexity of the proceedings, it was not unreasonable. The claim for moral damages for excessive delay is rejected.

    Keywords:

    delay in internal procedure; internal procedure; new claim; receivability of the complaint;



  • Judgment 4035


    126th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant accuses her former supervisor of moral harassment.

    Consideration 11

    Extract:

    [T]he complainant’s contention that in this case UNESCO breached the time limits prescribed in the provisions governing the appeals procedure and that in general the procedure was excessively long is well founded.
    The evidence shows that rather than being held, as paragraph 14 of its Statutes stipulates, “not later than two months after [receipt of the Administration’s] reply”, the Appeals Board’s hearing was not held until 17 March 2016, though the reply had been submitted on 11 September 2014, over a year and a half earlier. Moreover, paragraph 19 of those Statutes provides that the Appeals Board’s report must be forwarded to the Director-General and a copy sent to the official “as soon as possible”, but the report was not in fact issued until 30 June 2016 and was forwarded only on 7 July, more than three and a half months after the hearing, which does not seem consistent with the requirement stipulated in paragraph 19. Lastly, as stated above, the Director-General’s final decision was taken on 16 January 2017, more than six months after the Appeals Board delivered its report, whereas paragraph 20 of the Statutes provides that the Director-General “shall make a decision thereon as soon as possible”.
    It is true that, as UNESCO rightly points out, the delays identified above were partly attributable to the complainant, who, amongst other things, requested extensions of time limits for filing her own submissions, and that they can also be explained by the unusual complexity of the case. It should likewise be borne in mind that the Director-General’s final decision was preceded by discussions with the complainant aimed at reaching a settlement, which obviously delayed its adoption.
    Nevertheless, the Organization was obliged, in accordance with the principle tu patere legem quam ipse fecisti, to adhere more strictly to the procedural time limits laid down in the Statutes of the Appeals Board. Its failure to do so added unduly to the total length of the internal appeal procedure, three and a half years in all, which is indisputably too long. Moral injury was thereby caused to the complainant, for which she legitimately claims redress (see, for similar cases, Judgment 3688, under 11, and aforementioned Judgment 3935, under 16).

    Reference(s)

    ILOAT Judgment(s): 3688, 3935

    Keywords:

    internal procedure; patere legem; time limit;



  • Judgment 4015


    126th Session, 2018
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to award him damages for the alleged leaking of confidential information concerning him.

    Consideration 6

    Extract:

    [I]n the complaint form submitted to the Tribunal, the complainant seeks “moral damages for the delay in the internal complaint and appeals process”. As the complainant did not make any submissions in his brief in relation to this claim, it will not be considered.

    Keywords:

    delay; internal procedure; moral injury;



  • Judgment 4014


    126th Session, 2018
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to investigate his harassment complaint by an external investigator and not by an investigation panel provided for in the applicable rules.

    Consideration 7

    Extract:

    [I]n the complaint form submitted to the Tribunal, the complainant seeks “moral damages for the delay in the internal complaint and appeals process”. As the complainant did not make any submissions in his brief in relation to this claim, it will not be considered.

    Keywords:

    delay; internal procedure; moral injury;



  • Judgment 4013


    126th Session, 2018
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to investigate his harassment complaint in accordance with the applicable rules.

    Consideration 14

    Extract:

    [I]n the complaint form submitted to the Tribunal, the complainant seeks “moral damages for the delay in the internal complaint and appeals process”. As the complainant did not make any submissions in his brief in relation to this claim, it will not be considered.

    Keywords:

    delay; internal procedure; moral injury;



  • Judgment 3967


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant considers that he was a victim of harassment, or at least of straining, by his director who issued a warning letter regarding his performance and set new productivity targets which he was to achieve in 2004.

    Consideration 9

    Extract:

    The claim for moral damages for the excessive delay in the internal appeal proceedings is well founded as it is clear that the EPO breached its obligation to ensure that its internal procedure moved forward with reasonable speed (see, for example, Judgment 2197, consideration 33). [...] That period of more than six years in the internal appeal proceedings constituted excessive delay, even taking into consideration the complainant’s illness and the efforts which were made to amicably settle the matter. For this, the complainant will be awarded moral damages in the amount of 8,000 euros, particularly given the length of the delay and the impact of that delay on him in his personal circumstances.

    Reference(s)

    ILOAT Judgment(s): 2197

    Keywords:

    delay; delay in internal procedure; internal procedure;



  • Judgment 3939


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend his appointment beyond the statutory retirement age.

    Consideration 7

    Extract:

    [I]t is clear from the explanations supplied by UNESCO in its written submissions to the Appeals Board and in those filed with the Tribunal that the complainant’s argument regarding his term of office was in fact taken into account by the Director-General when assessing the merits of his request. [...]
    In addition, this decision will not be censured for the inadequacy of its initial reasoning, since the Tribunal’s case law accepts that the reasons for an administrative decision may be supplied or supplemented a posteriori during appeal proceedings (see, in particular, Judgments 1817, under 6, 2194, under 7, or 3660, under 3). This was the case here, and the complainant is wrong to submit that when UNESCO subsequently provided explanations, it modified the original reasons for the contested decision, since it merely clarified them.

    Reference(s)

    ILOAT Judgment(s): 1817, 2194, 3660

    Keywords:

    amendment to the rules; grounds; internal procedure;



  • Judgment 3935


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant accuses his former supervisor of moral harassment.

    Consideration 16

    Extract:

    the complainant’s contention that in this case UNESCO breached the time limits prescribed in the provisions governing the appeals procedure is well founded. [...]
    It is true that, as UNESCO rightly points out, the failure to observe the aforementioned provisions of the Statutes of the Appeals Board did not seriously infringe the complainant’s rights, and the delays, some of which are attributable to the complainant, can partly be explained by the unusual complexity of the case. It should also be borne in mind that the Director-General’s final decision was preceded by discussions with the complainant aimed at reaching a settlement, which obviously delayed its adoption.
    Nevertheless, the Organization was obliged, in accordance with the principle tu patere legem quam ipse fecisti, to adhere more strictly to the procedural time limits laid down in the Statutes of the Appeals Board. Its failure to do so caused the complainant moral injury, for which he legitimately claims redress (see, for similar cases, Judgments 3579, under 4, and 3688, under 11).

    Reference(s)

    ILOAT Judgment(s): 3579, 3688

    Keywords:

    delay; delay in internal procedure; internal procedure; moral injury;



  • Judgment 3861


    124th Session, 2017
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the refusal to grant her flexible working arrangements during the breastfeeding period.

    Consideration 6

    Extract:

    With regard to the objection that the complaint is irreceivable ratione temporis, the Tribunal recalls that it has ruled, with respect to an internal appeal filed by an official, that a time limit expiring on a Saturday is automatically extended to the following Monday if Saturday is a non-working day in the organisation concerned (see Judgments 2831, under 3, and 3566, under 4).

    Reference(s)

    ILOAT Judgment(s): 2831, 3566

    Keywords:

    internal procedure; late appeal; saturday;



  • Judgment 3855


    124th Session, 2017
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to maintain his position at the same grade.

    Consideration 3

    Extract:

    It is clear from the evidence in the file that the ad hoc appeal procedure instituted [...] to challenge classification decisions resulting from the implementation of the job audit [...] is different to that set up under Staff Rule 9.1. However, in seeking to demonstrate that the plea raised in this connection by the complainant is without merit, IFAD has not established that its President, who adopted the contested alternative appeal procedure [...], had the authority to do so and thereby to depart from the procedure laid down by the aforementioned Staff Rule. For this reason, the procedure [...] is unlawful in that it precludes the application of Staff Rule 9.1.

    Keywords:

    internal procedure;



  • Judgment 3688


    122nd Session, 2016
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to abolish her post and to separate her from service.

    Consideration 11

    Extract:

    The delays in the HBA proceedings were unreasonable and were not caused by wrongful procedural conduct on the part of the complainant and there is no indication that the HBA’s workload justified it. The delay before the HBA was mainly caused by the necessity to request information and documents from WHO, which should have been provided early in the process.
    The delay entitles the complainant to an award of moral damages for the defendant’s breach of its duties of due diligence and care (see Judgments 2522, under 7, 3160, under 16, and 3188, under 25).

    Reference(s)

    ILOAT Judgment(s): 2522, 3160, 3188

    Keywords:

    delay; internal procedure; moral injury;

    Consideration 6

    Extract:

    The Tribunal has consistently stated that fairness to an appellant requires that the internal appeal process must be efficient [as] stated in Judgment 2904, consideration 15 [...].

    Reference(s)

    ILOAT Judgment(s): 2904

    Keywords:

    delay; internal procedure;

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Last updated: 02.07.2020 ^ top