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Late appeal (695,-666)

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Keywords: Late appeal
Total judgments found: 42

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  • Judgment 2831


    107th Session, 2009
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3-4

    Extract:

    The internal appeal, which the complainant lodged on 27 August 2007 against a decision dated 23 May 2007, was rejected on 18 October 2007 on the grounds that it was time barred. The complainant asks the Tribunal to set aside the decision of 18 October 2007.
    "In reality the internal appeal was filed within the three-month period laid down by the Staff Regulations. The complainant received the decision of 23 May 2007 on 24 May 2007. The period for lodging an appeal began to run on the next day, i.e. 25 May 2007. It expired on 25 August 2007 which, being a Saturday, was not a working day at WIPO. The time limit for submitting an appeal was therefore extended until the next working day, in other words Monday, 27 August 2007, the date on which the internal appeal was filed.
    It follows that the decision of 18 October 2007 that the internal appeal lodged by the complainant was irreceivable must be set aside.
    Since the complainant succeeds, he shall be awarded 5,000 Swiss francs in compensation for the injury which he has suffered [...]."

    Keywords:

    internal appeal; late appeal; receivability of the complaint; saturday; start of time limit; time bar; time limit;



  • Judgment 2181


    94th Session, 2003
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant seeks the validation of her service, for pension purposes, of the period between 13 September 1978 and 14 November 1979. What emerges from Article 23 of the UNJSPF Regulations is that "staff members whose terms of appointment expressly excluded participation in the UNJSPF during the period of service preceding their participation cannot subsequently request the validation of that period of service. that was the case with the complainant [...] she could [...] have made use, at the time [...] of the appeal mechanisms established by the [organisation], to obtain a modification of the terms of her contracts, or to challenge the legality of [the] rule [which provided that staff members engaged under short-term contracts could not participate in the unjspf]. However, since she failed to do so in due time, she is hardly in a position to seek the annulment of her appointments of 1978 and 1979 more than 20 years later. Besides, the nature of those appointments can no longer be challenged. The argument that the complainant did not use the available means of appeal for fear of harming her career cannot be accepted. Moreover, her request for validation of service, which was submitted on 22 December 1999, must be considered to be time-barred."

    Keywords:

    contract; contributory service; fund membership; internal appeal; late appeal; participation excluded; receivability of the complaint; short-term; terms of appointment; time bar; time limit; unjspf; validation of service;

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