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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 859


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "The application is irreceivable because the applicant is seeking, without offering a shred of new evidence, to challenge a decision the Tribunal handed down after letting him have his full say in written proceedings."

    Reference(s)

    ILOAT Judgment(s): 785

    Keywords:

    application for review; receivability of the complaint;



  • Judgment 858


    63rd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    The complainant "decided that it was not necessary to appeal in accordance with the rules and get a final decision. His arguments justifying his inaction are not well founded. His decision not to pursue an appeal was made deliberately and on legal advice, and he was not misled by the organization: the appropriate rules were supplied to him. His explanation is without merit and unacceptable."

    Keywords:

    absence of final decision; internal remedies exhausted; receivability of the complaint;

    Summary

    Extract:

    The complainant was informed on 9 March 1984 of the decision not to extend his sick leave, confirming the date on which he was to be separated. The complainant lodged a protest by letter on 25 July 1984. Although that letter was not in the usual form of an appeal, the organization agreed to treat it as one. The organization's well-meaning offer was expressly turned down by the complainant. His refusal brought an end to contacts between the parties and the complainant never obtained a final decision from the Director-General.

    Keywords:

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



  • Judgment 852


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Faced with the administration's failure to take action on the basis of the Appeals Committee's report, the complainant filed a complaint within the three-month time limit set by Article VII of the Statute of the Tribunal. The final decision was later taken, after the expiry of the time limits in the Service Regulations. It follows that the organisation's objections to receivability must be dismissed. The proceedings shall resume on the merits.

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    case pending; case sent back to organisation; decision; failure to answer claim; further submissions on the merits; late decision; procedure before the tribunal; receivability of the complaint; refusal; reply confined to receivability; tribunal;



  • Judgment 847


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant claims that Circular 144 on the reckoning of seniority for promotion should be withdrawn. The claim is irreceivable inasmuch as "the complainant is not challenging an individual decision but objecting to certain general rules in the Circular. As the Tribunal has held before - for example in Judgment 625 [...] - a complaint impugning a general decision against which no direct internal appeal will lie is irreceivable until individual decisions are taken on the strength of the general decision."

    Reference(s)

    ILOAT Judgment(s): 625

    Keywords:

    administrative instruction; application for quashing; competence of tribunal; general decision; individual decision; receivability of the complaint;

    Consideration 7

    Extract:

    What the complainant "is really challenging is the reckoning of his seniority for promotion as originally determined. He could of course at one time have challenged it but [...] it is now too late."

    Keywords:

    internal remedies exhausted; professional experience; receivability of the complaint; reckoning; seniority;



  • Judgment 846


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The complainant's claim to damages amounting to [...] is irreceivable. He could have made it in his internal appeal but failed to do so. Before coming to the Tribunal, he should have exhausted all the internal means of redress."

    Keywords:

    complaint; internal remedies exhausted; new claim; receivability of the complaint;



  • Judgment 840


    63rd Session, 1987
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Under Article R VI 1.03 of the Staff Regulations of the ESO appeals must be addressed to the Director General [...] Here the complainant contends that the notice of appeal contained in a telex message dated 20 March 1986 addressed to the ESO's legal adviser [who is not an ESO staff member] was a valid notice of appeal against a decision notified to the complainant on 21 February 1986. The argument fails because the language of the rules makes it clear beyond doubt that any appeal against a decision taken on behalf of the ESO must be addressed to the organisation, which alone is competent to judge the matter."

    Reference(s)

    Organization rules reference: ARTICLE R VI 1.03 OF THE ESO STAFF REGULATIONS

    Keywords:

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



  • Judgment 838


    62nd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainants object to the FAO's adoption of a new scale to determine pensionable remuneration whose effect was to lower their pension entitlements. They submit that the application of certain provisions in the Staff Regulations and Staff Rules is in breach of their acquired rights and the rule against retroactivity. "Their complaints will [...] be receivable only if the application of those Regulations and Rules [causes] them injury. The Tribunal concludes from the material rules that it does not."

    Keywords:

    cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;



  • Judgment 837


    62nd Session, 1987
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    See Judgment 838, summary.

    Reference(s)

    ILOAT Judgment(s): 838

    Keywords:

    cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;



  • Judgment 836


    62nd Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    See Judgment 838, summary.

    Reference(s)

    ILOAT Judgment(s): 838

    Keywords:

    cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;



  • Judgment 835


    62nd Session, 1987
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    See Judgment 838, summary.

    Reference(s)

    ILOAT Judgment(s): 838

    Keywords:

    cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;



  • Judgment 834


    62nd Session, 1987
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    See Judgment 838, summary.

    Reference(s)

    ILOAT Judgment(s): 838

    Keywords:

    cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;



  • Judgment 832


    62nd Session, 1987
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    As a result of the adoption of a new scale of pensionable remuneration, Article 3.1.1 of the ILO Staff Regulations was amended. "The complainants' case does not rest on breach of any term of their contracts or of any provision of the Staff Regulations. What they are saying is that as applied to them Article 3.1.1 of the Regulations impairs their acquired rights. Their complaints will therefore be receivable if the application of 3.1.1 does cause them injury."

    Reference(s)

    Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS

    Keywords:

    amendment to the rules; cause of action; competence of tribunal; condition; enforcement; general decision; individual decision; injury; pension; pensionable remuneration; provision; receivability of the complaint; scale; staff regulations and rules;



  • Judgment 824


    62nd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The quashing of the transfer was a new claim and [the complainant's] appeal was about quite other matters. On these grounds alone his challenge to the transfer is irreceivable".

    Keywords:

    new claim; receivability of the complaint;



  • Judgment 818


    62nd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant may "impugn the decision because it was based on a new method of reckoning. The change is of such a kind as to warrant challenging a method that has the effect of revising the system of steps within grade."

    Keywords:

    amendment to the rules; cause of action; general decision; professional experience; provision; receivability of the complaint; reckoning; seniority;

    Consideration 3

    Extract:

    "The EPO contends that the complaint is irreceivable on the grounds that the claims for redress are not the same as those that made up the internal appeal. The Tribunal rejects the plea. As the EPO acknowledges, the claims that are before the Tribunal are covered by the ones that were before the Appeals Committee."

    Keywords:

    complaint; new claim; receivability of the complaint;



  • Judgment 804


    61st Session, 1987
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3-4

    Extract:

    At the date on which the complaint was filed, the organisation "had not yet taken any challengeable decision, there was no more than a recommendation by the Appeal Board [...] But the complainant put the mistake right not only within the time limit for filing the complaint but also within the one for correcting it which the registrar set [...] In the interests of fair process the correction will be allowed."

    Keywords:

    absence of final decision; complaint; correction of complaint; date; internal remedies exhausted; late decision; receivability of the complaint;



  • Judgment 801


    61st Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The invitation to the complainant to submit observations does not constitute a challengeable decision: the letter merely states the intention of imposing a reprimand."

    Keywords:

    cause of action; censure; no cause of action; receivability of the complaint; statement of intent;

    Consideration 11

    Extract:

    The complainant's claims to "effective measures preventing further persecution" and recognition of his right to go back to his post in The Hague are irreceivable because he is not challenging any decision adversely affecting him.

    Keywords:

    cause of action; claim; no cause of action; receivability of the complaint;



  • Judgment 791


    60th Session, 1986
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The organization argues that because the post was regraded there was no longer any point in the complainant's challenging the lawfulness of the appointment. "The plea relates only to part of [the complainant's] claims and it fails anyway. As an unsuccessful candidate he may challenge any decision that served to invalidate the holding of the competition."

    Keywords:

    amendment to the rules; appointment; candidate; cause of action; competition; other; post classification; receivability of the complaint;

    Consideration 2

    Extract:

    "[T]he rule [by which receivability hinges on the official's having exhausted the internal means of redress] is not a hard-and-fast one, even though the Statute does not expressly allow any derogation from it. The derogation should in all fairness be allowed if the complainant has done his utmost to obtain a decision, but on the evidence a decision seems unlikely to be taken in reasonable time."

    Keywords:

    exception; failure to answer claim; implied decision; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;



  • Judgment 788


    60th Session, 1986
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The Tribunal has not thus far set a time limit for seeking review of its judgments. In this case, it considers the delay of nine years entirely unreasonable.

    Keywords:

    application for review; reasonable time; receivability of the complaint; time limit;



  • Judgment 786


    60th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "If a decision is taken, not within the 60 days, but at least before the complaint is filed, the complainant may not allege an implied decision [...] There is the case in which the Appeals Committee fails to report within a reasonable lapse of time: the staff member may then allege an implied decision."

    Keywords:

    failure to answer claim; implied decision; internal remedies exhausted; late decision; reasonable time; receivability of the complaint; time limit;



  • Judgment 775


    60th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "If an internal appeal was time-barred and the internal appeals body was wrong to hear it, the Tribunal will not entertain a complaint challenging the decision taken on a recommendation by that body."

    Keywords:

    advisory opinion; complaint; decision; internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint; recommendation; time bar; time limit; tribunal;

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Last updated: 06.05.2021 ^ top