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Complaint form (739,-666)

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Keywords: Complaint form
Total judgments found: 3

  • Judgment 3942


    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 reinstate her in her former position.

    Consideration 3

    Extract:

    In the complaint form filed with the Tribunal, the complainant identifies this opinion and recommendation of the Appeals Board, having regard to the date of decision identified on the form, as the impugned decision. [...] It appears, from the material before the Tribunal, that no decision was made by the Director-General following, and based upon, the Appeals Board report in the period of a little over three months between the issuing of the Appeals Board report and the filing of the complaint in the Tribunal. However, UNESCO does not challenge the receivability of the complaint in these proceedings, which can be taken to be an agreement that the matter can be dealt with by the Tribunal.

    Keywords:

    absence of final decision; complaint form; impugned decision; receivability of the complaint;



  • Judgment 3856


    124th Session, 2017
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to downgrade her position.

    Judgment keywords

    Keywords:

    complaint dismissed; complaint form;



  • Judgment 3116


    113th Session, 2012
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant submitted his complaint by sending a scanned complaint form to the Tribunal via an e-mail of 11 May 2010, with only sections 1, 2, 3 and 5 filled in. One of the essential sections, section 4, had been left blank. He submitted a completed version of the form on 18 May 2010.
    "It should be recalled that Article 6(1)(a) of the Rules of the Tribunal sets out the requirements of form for filing a complaint: the complainant should fill in and sign the complaint form prescribed in the Schedule of those Rules. The complainant’s requests to the Tribunal that he be allowed to correct retroactively the incomplete initial complaint form, sent on 11 May 2010, and consequently that the completed revision of it, sent on 18 May, be accepted as having been filed on 11 May, are denied. Indeed, the entries in the initial complaint form did not suffice to identify the relief the complainant was claiming. Therefore, one of the essential requirements of form set out in Article 6(1) was not met and the complaint could not be registered as filed on 11 May 2010. Moreover, this case does not fall within the purview of the thirty-day time limit prescribed by Article 6(2) of the Rules for correction of complaints. [...] Consequently, the document filed on [11 May 2010] cannot be considered a complaint, as it did not contain the claims which are essential elements of a complaint. The complaint form, properly filled in, was filed on 18 May 2010, i.e. six days after the expiration of the ninety-day time limit. Therefore, the complaint must be considered irreceivable."

    Reference(s)

    ILOAT reference: Article 6, paragraphs 1 and 2, of the Rules

    Keywords:

    complaint form; correction of complaint; formal requirements; late filing; receivability of the complaint; time bar; time limit;


 
Last updated: 23.09.2021 ^ top