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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 1260


    75th Session, 1993
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant wants the Tribunal to order the removal of a mention in his file after he turned down the offer of a post which allegedly puts an "obstacle" on his name to get jobs from the organization. The organization contends that it has not had any contractual ties with the complainant since a short contract it gave him some time ago, and it points out that his present claims have no bearing on that contract. "The Tribunal's competence is restricted under Article II(5) of its Statute to hearing complaints alleging the non-observance, in substance or in form, of the terms of appointment of an official or of provisions of the organisation's Staff Regulations. The complaint fails because the Tribunal lacks competence to entertain it."

    Reference(s)

    ILOAT reference: ARTICLE II(5) OF THE STATUTE

    Keywords:

    competence of tribunal; complaint; contract; iloat statute; locus standi; non official; personal file; receivability of the complaint; staff regulations and rules;



  • Judgment 1259


    75th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3-4

    Extract:

    The complainant objects to the non-renewal of his contract. The organization says his complaint is irreceivable. It does not deny that he sent a memorandum challenging the decision but argues that his internal appeal was not properly presented since he did not submit it to the Director-General himself. "That objection fails because the memorandum was correctly addressed to the Director of the Bureau of personnel, whom he asked to convey to the administration his decision to appeal. So it was incumbent on the Director to forward it to the Director-General."

    Keywords:

    complaint; formal requirements; internal appeal; internal remedies exhausted; receivability of the complaint;



  • Judgment 1258


    75th Session, 1993
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    EMBL submits that only if the complainant withdraws a suit she filed with a national court will her complaint be receivable and that only the withdrawal of that suit will show that she acknowledges the Tribunal's competence. "The Tribunal is competent to entertain her claims under paragraphs 5 and 6 of Article II of its Statute; she has observed the time limits; and her complaint is receivable. It is for the [national] labour court [...] to rule on its own competence."

    Reference(s)

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

    Keywords:

    competence of tribunal; complaint; iloat statute; municipal court; receivability of the complaint;



  • Judgment 1257


    75th Session, 1993
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Vide Judgment 1258, consideration 4.

    Reference(s)

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

    Keywords:

    competence of tribunal; complaint; iloat statute; municipal court; receivability of the complaint;



  • Judgment 1256


    75th Session, 1993
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant asked the Director-General to review his decision to reject his application for a vacant post after the expiry of the one month delay for filing of an internal appeal. He wants the Tribunal to acknowledge the exceptional character of his case as justifying an extension of the normally applicable time limit. "According to precedent a complainant may not be deemed to have exhausted the means of redress at his disposal within the organisation unless he has followed the prescribed internal procedure for appeal and in particular observed the time limits. So if his internal appeal was out of time his complaint to this Tribunal will also be irreceivable under Article VII(1)."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE
    Organization rules reference: UPU STAFF RULE 111.3

    Keywords:

    case law; complaint; exception; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time bar; time limit;

    Consideration 6

    Extract:

    To escape the time bar the complainant relies on UPU Staff Rule 111.3.4, which allows the Joint Appeals Committee to waive the time limit in exceptional circumstances. "As the Union observes, the time limit which the Committee may waive is not the one in 111.3.1 - the one month for submitting a request for review to the Director-General - but only the one for appeal to the Committee against the decision rejecting such request." The complaint is therefore irreceivable.

    Reference(s)

    Organization rules reference: UPU STAFF RULE 111.3

    Keywords:

    case law; complaint; exception; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time bar; time limit;



  • Judgment 1246


    74th Session, 1993
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    In her first complaint the complainant challenges what she regards as the implied rejection of her claim; in her second one she impugns express rejection. "The cause of action and the parties' pleas being the same, the two complaints are joined and there is no need to rule on the organisation's objection. Since the second complaint is receivable the Tribunal will go into the merits."

    Keywords:

    cause of action; complaint; express decision; implied decision; joinder; receivability of the complaint;



  • Judgment 1245


    74th Session, 1993
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The Agency alleges that it informed her by a personnel notice that she had been excluded from the United Nations Joint Staff Pension Fund. The Tribunal holds that the notice "was wholly inadequate to alert her to the purpose and substance of the administrative decision that had been taken. Since she may not be deemed in the circumstances to have received proper 'notification' as prescribed in Rule 12.01.1 (d) (1), the time limit did not then run. Her present complaint is therefore receivable."

    Reference(s)

    Organization rules reference: IAEA PROVISIONAL STAFF RULE 12.01.1 (D) (1)

    Keywords:

    complaint; decision; internal appeal; internal appeals body; receivability of the complaint; staff regulations and rules; start of time limit; time bar;



  • Judgment 1244


    74th Session, 1993
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The meaning of Article VII(1) of the Tribunal's Statute is, according to the case law, "that a complainant must not only have gone through any internal appeals procedure within his organisation but duly complied with the requirements of the rules on that procedure. Thus, if the internal appeal was irreceivable under those rules, the complaint to the Tribunal will also be irreceivable under Article VII(1)."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    case law; complaint; due process; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; procedure before the tribunal; receivability of the complaint; staff regulations and rules; tribunal;



  • Judgment 1243


    74th Session, 1993
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "According to the case law, where a complainant does everything necessary to get a final decision but the appeal proceedings appear unlikely to end within a reasonable time, he may go to the Tribunal. Rulings to that effect are to be found, for example, in Judgments 451 and 499."

    Reference(s)

    ILOAT Judgment(s): 451, 499

    Keywords:

    absence of final decision; administrative delay; case law; complaint; decision; internal appeal; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;



  • Judgment 1236


    74th Session, 1993
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The letter [...] from the head of administration was plainly CERN's answer to his internal appeal [...]. On the issue of notice it is therefore a final decision and meets the requirements for receivability in Article VII(1) of the Tribunal's Statute."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    complaint; condition; decision; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint;



  • Judgment 1233


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant seeks the quashing of her dismissal for reasons of health. Such dismissal, she maintains, was wrong unless her incapacity was total. The claim "is receivable because several times she sought the quashing of her dismissal and put the matter to the Appeals Board. Though she did withdraw several appeals that were before the Board she never expressly waived her objections to dismissal."

    Keywords:

    claim; health reasons; internal appeal; internal remedies exhausted; receivability of the complaint; termination of employment; waiver of right of appeal; withdrawal of suit;



  • Judgment 1232


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant was sentenced to imprisonment in his country of origin. After his release, however, he was not allowed to go abroad. after being entitled to do so, he sent a letter to the Director-General regarding the organization's acceptance of his application for early retirement, which he had worded under duress, when he was still compelled to remain in his country. Receiving no answer and about one year after leaving the country, he challenged the rejection he inferred from the Director-General's silence. The complainant went to the Appeals Board, but the Director-General rejected its recommendation on the grounds that the appeal was irreceivable, being out of time. The Tribunal considers that "the delay was understandable in the unusual circumstances of [the] case [...] the conclusion is that he was not out of time."

    Keywords:

    delay; exception; internal appeal; internal appeals body; receivability of the complaint; time bar;



  • Judgment 1230


    74th Session, 1993
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The defendant maintains that the complainant did not meet the two-month time limit for lodging appeals and failed to exhaust the internal means of redress. The Committee was of the view that, in this case, exceptional circumstances warranted waiving the time limit and allowing the appeal. The defendant contends that the Committee's decision was not binding on the Agency. "Only where the Committee's appraisal of the circumstances is flagrantly wrong or based on plainly mistaken facts may the Director General disregard it, and even then his decision will be subject to review by the Tribunal."

    Keywords:

    condition; exception; internal appeal; internal appeals body; internal remedies exhausted; judicial review; mistake of fact; mistaken conclusion; receivability of the complaint; staff regulations and rules; time bar; time limit;

    Consideration 3

    Extract:

    "The rule is that for his complaint to be receivable the staff member must not only meet the time limit in Article VII(2) of [the Tribunal's] Statute but have properly followed the internal appeal procedure."

    Reference(s)

    ILOAT reference: ARTICLE VII(2) OF THE STATUTE

    Keywords:

    condition; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time limit;



  • Judgment 1229


    74th Session, 1993
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant impugns the implied rejection which he infers from the organisation's silence on an internal complaint he logded against its refusal to take account of university degrees which he acquired while in the organisation's employ. Eurocontrol submits that the complaint is irreceivable on the grounds that a "complaint" may only be directed against an act adversely affecting an official. The Tribunal holds that "the complainant's letters to the Director General were mere statements of grievances that had no particular purpose" since he does not identify any duty towards him under the general conditions of employment that Eurocontrol may have failed to discharge there cannot have been any "act adversely affecting" him and for want of an appealable decision, even implied, his complaint is irreceivable.

    Keywords:

    absence of final decision; career; cause of action; decision; degree; failure to answer claim; implied decision; receivability of the complaint;



  • Judgment 1227


    74th Session, 1993
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant is challenging a report submitted by the Joint Appeals Board. "The report [...] plainly does not constitute a final decision within the meaning of the UNIDO Staff Regulations and Staff Rules. The complaint is therefore irreceivable under Article VII(1) of the Tribunal's Statute."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

    absence of final decision; complaint; iloat statute; internal appeals body; internal remedies exhausted; receivability of the complaint; report;



  • Judgment 1223


    74th Session, 1993
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "True, a staff member may not assert any right to promotion and the choice of the successful applicant is at the discretion of the administration, which alone may appraise the organisation's interests. Yet the exercise of discretion is subject to restrictions in law and the Tribunal will to that extent review the decision: see for example Judgment 1016 [...]. So the staff member has undeniably the right to file an internal appeal or a complaint with the Tribunal if he believes that the appointment to a vacancy he has applied for is improper."

    Reference(s)

    ILOAT Judgment(s): 1016

    Keywords:

    appointment; candidate; case law; cause of action; competition; complaint; discretion; internal candidate; judicial review; limits; organisation's interest; promotion; receivability of the complaint; refusal; right; vacancy notice;



  • Judgment 1221


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "It is plain on the evidence that the bureau of personnel told the complainant that the Director-General would be willing to waive the Appeals Board's jurisdiction [under UNESCO Staff Rule 111.2(b)] if she so wished, that she expressly agreed to the suggestion, and that she formally sought and was granted waiver by the Director-General." So the complainant appealed directly to the Tribunal "in full freedom".

    Reference(s)

    Organization rules reference: UNESCO STAFF RULE 111.2(B)

    Keywords:

    complainant; complaint; direct appeal to tribunal; internal remedies exhausted; lack of consent; receivability of the complaint;

    Consideration 4

    Extract:

    Under challenge is a passage from a memorandum which the complainant alleges changed the duties of her post. She seeks the quashing of that text. Such a claim is irreceivable. "A staff member may challenge a text only if it amounts to a decision and affects him adversely. [...] The fact of the matter is that no decision was taken and her claim to the striking out of the [text] cannot be entertained."

    Keywords:

    absence of final decision; cause of action; claim; condition; receivability of the complaint;



  • Judgment 1220


    74th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant is challenging a decision whereby another official, he alleges, was wrongfully granted or allowed to keep financial and other benefits. The complainant was no longer in the WHO's employ when the impugned decision was taken. "As the Tribunal held in Judgment 732 [...], a complaint 'would succeed only if the complainant had suffered injury and established a sufficient causal link between the organization's act and the injury'; and again, in Judgment 764 [...] 'a decision by an international organisation is challengeable before the Tribunal only if it causes the complainant injury'. the complainant having suffered no injury and being therefore unable to show any cause of action, his application is irreceivable and must fail."

    Reference(s)

    ILOAT Judgment(s): 732, 764

    Keywords:

    application for execution; case law; cause; cause of action; complaint; injury; lack of injury; receivability of the complaint; status of complainant;



  • Judgment 1213


    74th Session, 1993
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant is claiming assignment to a specific post. The meaning of Article VIII of the Tribunal's Statute, "as the case law has construed it, is that the Tribunal may not order an organisation to put a staff member on any particular post. All it may do is set aside an unlawful decision putting someone on a post or refusing to do so or order specific performance where the organisation has failed to discharge an obligation. In this case [...] the complainant's claim [...] fails because it is irreceivable."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE

    Keywords:

    assignment; case law; claim; competence of tribunal; iloat statute; interpretation; organisation's duties; post; receivability of the complaint;



  • Judgment 1205


    74th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The complaint is irreceivable because the decision impugned is not a final one: the complainant has failed to exhaust the internal means of redress, in breach of the requirement in Article VII(1) of the Tribunal's Statute."

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE

    Keywords:

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

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Last updated: 06.05.2021 ^ top