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Receivability of the complaint (76, 77, 78, 88, 89, 656, 743, 94, 95, 96, 97, 98, 99, 734, 748, 749,-666)

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Keywords: Receivability of the complaint
Total judgments found: 694

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  • Judgment 1852


    87th Session, 1999
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The Tribunal's case law is consistent to the effect that a complainant cannot attack a rule of general application unless and until it is applied in a manner prejudicial to him. [The present complaint] is a general attack which is not tied to any particular application of the impugned rules to the complainant. It will not therefore be considered by the Tribunal."

    Reference(s)

    ILOAT Judgment(s): 764, 1329, 1423

    Keywords:

    case law; cause of action; enforcement; general decision; individual decision; injury; lack of injury; provision; receivability of the complaint; staff regulations and rules;



  • Judgment 1845


    87th Session, 1999
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "Under Article II(6) of its Statute the Tribunal is open to a former staff member. However, Article II(5) restricts the competence of the Tribunal, ratione materiae, to complaints alleging the non-observance, in substance or in form, of the terms of appointment of a staff member or of the provisions of the applicable staff regulations. On expiry of the complainant's contract, he ceased to be a staff member. His complaint, concerning his non-selection [to the post of assistant to the head of administration] does not involve any allegation of the violation of any rights which he enjoyed under his contract or the Staff Regulations insofar as they continued to apply to him. The Tribunal therefore [cannot] entertain the complaint."

    Reference(s)

    ILOAT reference: ARTICLE II (5) OFTHE STATUTE;
    ARTICLE II (6) OF THE STATUTE


    Keywords:

    candidate; competence of tribunal; competition; contract; enforcement; external candidate; iloat statute; locus standi; receivability of the complaint; separation from service; staff regulations and rules;



  • Judgment 1833


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

    Consideration 9

    Extract:

    "the Tribunal holds that the complaints before it are clearly irreceivable. The complainant has not exhausted his internal remedies and has not given the [organization] sufficient time to respond to those matters which have formed the subject of his internal claims. [A] complainant who changes the form and content of his internal claims cannot lay on his employer the responsibility of replying to an original set of claims while still retaining whatever benefits may flow to him from an amended one."

    Keywords:

    internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint;



  • Judgment 1832


    86th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "A staff member who appeals to the wrong [internal appeals] body does not on that account forfeit the right of appeal. Time and again the Tribunal has held that, though rules of procedure must be strictly complied with, they must be construed with common sense and not set traps for the staff member: see Judgment1734 [and] any penalty for breaking such a rule must be reasonably fitting. [...] When there are two authorities that may be competent it is easy enough for one to forward a misdirected appeal to the other. If the staff member filed it in time, even with the wrong authority, then it will be receivable, and that authority will simply forward it without ado to the other one."

    Reference(s)

    ILOAT Judgment(s): 1734

    Keywords:

    competence; complainant; good faith; internal appeal; internal appeals body; procedure before the tribunal; receivability of the complaint; right of appeal; time limit;



  • Judgment 1829


    86th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Any challenge to administrative decisions which were rendered with regard to the complainant after the filing of the first internal appeal but which were not the subject of further internal appeals is irreceivable: such decisions are not final, the complainant not having exhausted all existing means of resisting them as Article VII(1) of the Tribunal's Statute requires."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE

    Keywords:

    absence of final decision; decision; iloat statute; internal appeal; internal remedies exhausted; procedure before the tribunal; receivability of the complaint;

    Considerations 6-8

    Extract:

    "The complainant asks the Tribunal to review [an administrative decision] notwithstanding that the internal appeal procedure has not been completed. The Tribunal's case law has it that where the pursuit of the internal remedies is unreasonably delayed the requirement of Article VII(1) will have been met if, though doing everything that can be expected to get the matter concluded, the complainant can show that the internal appeal proceedings are unlikely to end within a reasonable time. [The Tribunal refers to the case law.] The complainant's internal appeal was received by the organisation on 16 April 1997. Her statement is lengthy and has 24 annexes. Less than a month later the Vice-President completed his initial assessment of her claims and referred the matter to the Appeals Committee. She filed this complaint just over three months later. The Tribunal holds that at the date of filing the present complaint the internal appeal process had not been unreasonably delayed and there was no indication that it was unlikely to come to an end within a reasonable time."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE

    Keywords:

    case law; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; procedure before the tribunal; reasonable time; receivability of the complaint; time limit;



  • Judgment 1786


    86th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "According to consistent precedent, when impugning an individual decision that touches him directly, the employee of an international organisation may challenge the lawfulness of any general or prior decision'. That ruling does not allow direct challenge to a general decision of a kind that must ordinarily be given effect by individual decision [see Judgment 1000]. As the Tribunal said in Judgments 624 [...] and 663 [...] and has often said since, the staff member must impugn an individual decision applying a general one and, if need be, may for that purpose challenge the lawfulness of the general one without any risk of being told that such challenge is time-barred."

    Reference(s)

    ILOAT Judgment(s): 624, 663, 1000

    Keywords:

    case law; cause of action; complaint; general decision; individual decision; official; receivability of the complaint; time bar; time limit;



  • Judgment 1780


    85th Session, 1998
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6(b)

    Extract:

    "Regular payments by an employer, whether in the form of salary or of some other benefit, amount to decisions that may be challenged at the time. Failing such challenge they become final and may be challenged thereafter only if there are grounds for review of administrative action."

    Keywords:

    allowance; condition; continuing breach; individual decision; receivability of the complaint; salary;



  • Judgment 1752


    85th Session, 1998
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The complainant's wife, who was a member of the staff of the International Labour Office committed suicide. Among other things, the complainant seeks awards of damages for the moral injury suffered by his wife as well as by his son and himself. "[The complainant] has access to the Tribunal under Article II(6) of its Statute only as the successor to any rights his wife may have had, since she alone was an official of the ILO. He may claim damages only for moral injury he says she suffered in its employ because of its failure to treat her with due care or for whatever other reason."

    Reference(s)

    ILOAT reference: ARTICLE II(6) OF THE STATUTE

    Keywords:

    injury; locus standi; moral injury; ratione personae; receivability of the complaint; respect for dignity; status of complainant; successor;



  • Judgment 1740


    85th Session, 1998
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "In line with consistent precedent the Tribunal will take [...] the date [the addressee] himself entered on the text, as the date of receipt of the decision. That he did not look at it until later is immaterial. What counts is the date at which he got it."

    Keywords:

    complaint; date of notification; receivability of the complaint; start of time limit; time bar; time limit;



  • Judgment 1712


    84th Session, 1998
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "As the Tribunal has said before, there may be a cause of action even if there is no present injury: time may go by before the impugned decision causes actual injury. The necessary, yet sufficient, condition of a cause of action is a reasonable presumption that the decision will bring injury. The decision must have some present effect on the complainant's position."

    Keywords:

    absence of final decision; case law; cause of action; complainant; consequence; effect; injury; receivability of the complaint;



  • Judgment 1706


    84th Session, 1998
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "As for the special panel set up to deal with allegations of discrimination, neither the Joint Appeals Board nor UNIDO cites any provision of the Staff Rules which compels recourse to that panel. The complainant's failure to put her grievance to it does not make her complaint irreceivable. Where a matter is otherwise within its jurisdiction the Tribunal can and will entertain related allegations of discrimination."

    Keywords:

    competence of tribunal; internal appeal; internal appeals body; internal remedies exhausted; priority; receivability of the complaint; right; sex discrimination; staff member's duties; staff regulations and rules; tribunal;



  • Judgment 1682


    84th Session, 1998
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The decisions taken by the [Organisation] each year on pay fully supersede earlier ones. In entertaining challenges to individual decisions on the complainants' pay [...] the Tribunal will look at the latest decision [...] on pay scales."

    Keywords:

    adjustment; complaint; decision; general decision; individual decision; period; receivability of the complaint; salary; scale;



  • Judgment 1674


    84th Session, 1998
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6(B)

    Extract:

    "Where the decision-making authority tarries over an appeal, the internal procedure must be deemed exhausted when the complainant has done his utmost to get things going yet no decision is likely reasonably soon" (see Judgments 1243, 1404, 1433, 1486 and 1534).

    Reference(s)

    ILOAT Judgment(s): 1243, 1404, 1433, 1486, 1534

    Keywords:

    administrative delay; complaint; exception; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint;



  • Judgment 1666


    83rd Session, 1997
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4(a)

    Extract:

    "A claim to a ruling in law will be receivable only if the complainant shows some cause of action. Generally he may not do so if he may instead challenge a specific decision in support of his claim to redress. "Here the complainant makes two claims to rulings in law. The first seems to have been made only to lend substance to his claims to redress. "It cannot stand on its own since it shows no cause of action that the complainant may have."

    Keywords:

    cause of action; claim; receivability of the complaint;



  • Judgment 1660


    83rd Session, 1997
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The circumstances of the case are peculiar, the Association having failed to provide the internal means of redress that it ought. So it is hard to see any merit in the Association's objection to the complainants' appealing straight to the Tribunal."

    Keywords:

    complaint; direct appeal to tribunal; exception; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; receivability of the complaint;

    Consideration 9

    Extract:

    "The Association's third objection is that the complainants are challenging the adoption of rules and in any event cannot impute any present injury thereto. According to precedent an international civil servant may in exceptional circumstances challenge the lawfulness of a rule that has been applied to him. The notification to the complainants of the changes in the system of reckoning and paying their retirement pensions constituted individual application of rules adopted by the member States of EFTA and set out in the contract with [a private insurance company]. Even though, as the defendant says, the complainants cannot yet show any injury, they do have a cause of action and may challenge, howsoever they wish, the lawfulness of the new pension rules."

    Keywords:

    case law; cause of action; competence of tribunal; complaint; executive body; general decision; individual decision; injury; lack of injury; pension; receivability of the complaint;



  • Judgment 1659


    83rd Session, 1997
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    EFTA pleads that the complainants "ought to have inferred rejection after sixty days [after lodging their internal appeals]. They then had ninety days under Article VII(2) of the Tribunal's Statute in which to file complaints." It argues that since the complaints were filed "over 150 days after the notification of their appeals to the Board, they were out of time. The plea [...] fails. although there was no report from the Board within the sixty days, the reason was that it had never been set up. Actually it never was. [...] The time limit of ninety days began only [on] the date at which they received the Secretary-General's letters [...] telling them that the Board could not be set up and they were free under Regulation 41(b) to appeal to the Tribunal. The complaints are therefore not out of time."

    Reference(s)

    ILOAT reference: ARTICLE VII (2) OF THE STATUTE
    Organization rules reference: ARTICLE 41(B) OF EFTA STAFF REGULATIONS

    Keywords:

    complaint; direct appeal to tribunal; iloat statute; implied decision; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; start of time limit;



  • Judgment 1656


    83rd Session, 1997
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The only basis on which [the complainant] invokes the Tribunal's jurisdiction is that the EMBL has failed to take a decision upon her alleged claims [but] she has failed to establish that she did make them and that they related to the matters which form the subject of this complaint. Her complaint is therefore irreceivable."

    Keywords:

    complaint; evidence; implied decision; internal appeal; internal remedies exhausted; lack of evidence; receivability of the complaint; request by a party;



  • Judgment 1655


    83rd Session, 1997
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9-10

    Extract:

    The Agency submits that the complainant's appeal "was out of time because [he] filed it after the expiry of the time limit of three months in Article 92(2) of the Staff Regulations. [...] The plea fails. The [Agency] acted on the appeal [...] by convening the Invalidity Committee and the Joint Committee for Disputes and by taking [a] final decision. [...] The attitude it thereby adopted towards the appeal estops it from now objecting to the receivability of the complaint. The complaint is therefore receivable."

    Reference(s)

    Organization rules reference: ARTICLE 92(2) OF EUROCONTROL STAFF REGULATIONS

    Keywords:

    complaint; exception; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; time bar; time limit;



  • Judgment 1653


    83rd Session, 1997
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    In accordance with Article VII(1) of the Tribunal's Statute, "where the Staff Regulations lay down a procedure for internal appeal it must be duly followed: there must be compliance not only with the set time limits but also with any rules of procedure in the Regulations or implementing rules."

    Keywords:

    complaint; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; procedure before the tribunal; purport; receivability of the complaint; staff regulations and rules; time limit;



  • Judgment 1641


    83rd Session, 1997
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainants are challenging the methodology laid down for carrying out salary surveys and a decision by WIPO reflected in their pay slips to apply that method. The Tribunal holds that they have a cause of action, which is is to obtain from the Tribunal "a declaration that the rule and the decision they are challenging would still be unlawful even if they had later got the increase that was withheld for the six months prior to the general survey. They would indeed have been slightly better off had they received the increase earlier. They are also entitled to a decision as to whether the rule they are challenging holds good for the future."

    Keywords:

    adjustment; cause of action; decision; decision quashed; increase; increment withheld; inquiry; investigation; pay slip; receivability of the complaint; salary; scale;

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Last updated: 06.05.2021 ^ top