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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 461


    46th Session, 1981
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant did not file his internal appeal through the usual channels set out in the Staff Regulations. Besides, for there to be an appeal the person concerned must have clearly indicated his intention to challenge the decision to which he objects.

    Keywords:

    condition; internal appeal; procedure before the tribunal; receivability of the complaint;



  • Judgment 452


    46th Session, 1981
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Only claims made to the internal appeals body and, when appropriate, implicit claims, satisfy the obligation to exhaust the internal means of resisting a decision. Claims first made directly to the Tribunal are not receivable.

    Keywords:

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



  • Judgment 451


    46th Session, 1981
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    When an appeals body cannot examine a case "in the second instance" because no decision had been taken by the lower body, there is no obligation on an appellant to explore ways of putting pressure on the latter to discharge its duty. The complaint is receivable.

    Keywords:

    consequence; failure to answer claim; internal remedies exhausted; receivability of the complaint;

    Consideration 8

    Extract:

    "The rule that a complaint shall be receivable only if the internal means of redress have been exhausted is not a hard and fast one even though the Statute does not allow any derogation from it. If a complainant does all in her power to procure a decision and if nevertheless the internal appeals body either by its statements or by its conduct evinces an intention not to give a decision within a reasonable period, justice requires that an exception should be made. [...] When the delay is inordinate and inexcusable, such an intention can be inferred."

    Keywords:

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



  • Judgment 442


    46th Session, 1981
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "There may be either one or two stages in review proceedings. The Tribunal will first determine whether the plea is admissible. If it is not, the Tribunal will dismiss the application without looking further. If it holds any of the pleas to be admissible, it will then reconsider its judgment on the basis of the evidence adduced in the review proceedings. Those are the only circumstances in which the Tribunal will hear the complainant's submissions on the merits."

    Reference(s)

    ILOAT Judgment(s): 404

    Keywords:

    application for review; claim; elements; judgment of the tribunal; procedure before the tribunal; receivability of the complaint;

    Consideration 8(G)

    Extract:

    An application for review "will fail unless it relies on flaws which may have an effect on the Tribunal's decision."

    Reference(s)

    ILOAT Judgment(s): 404

    Keywords:

    application for review; condition; consequence; flaw; receivability of the complaint;

    Consideration 3

    Extract:

    Receivable grounds for review include the following: a fact overlooked, material error, omission to rule on a claim and the discovery of a new fact. The Tribunal has not had to declare in what cases such pleas will in general be allowed.

    Reference(s)

    ILOAT Judgment(s): 404

    Keywords:

    admissible grounds for review; application for review; disregard of essential fact; new fact on which the party was unable to rely in the original proceedings; omission to rule on a claim; receivability of the complaint;



  • Judgment 437


    45th Session, 1980
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    It is in his rejoinder that the complainant first makes a claim for compensation. Since that claim formed part neither of the internal appeal nor of the complaint, it is irreceivable.

    Keywords:

    new claim; receivability of the complaint; rejoinder;



  • Judgment 435


    45th Session, 1980
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "This rule means, first, that the complaint to the Tribunal must rely on the same essential facts, i.e. issues, as those relied on in the internal appeal proceedings and, secondly, that the complainant's claims must not exceed in scope the claims he submitted in those proceedings. There is nothing, however, to prevent him from making submissions which he did not make in the internal proceedings. Since the Tribunal will apply the law proprio motu, there is no reason to forbid the complainant to draw to its attention considerations which it may take into account of its own accord."

    Keywords:

    application of law ex officio; complaint; internal appeal; internal remedies exhausted; new claim; new plea; receivability of the complaint;

    Consideration 2(A)

    Extract:

    The complainant claimed compensation for bodily injury in an appeal submitted to the internal appeals board. He claims compensation for loss of earning capacity resulting from the same injury in his claim to the Tribunal. The principle that the facts relied on in the internal proceedings should be the same as those relied on in the complaint to the Tribunal has not been infringed. However, in the internal appeal he claimed compensation of 18,000 francs but is now asking the Tribunal to grant him a larger sum. Insofar as he is seeking compensation exceeding 18,000 francs his complaint is irreceivable.

    Keywords:

    amount; complaint; difference; incapacity; internal appeal; invalidity; material damages; new claim; receivability of the complaint;



  • Judgment 432


    45th Session, 1980
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The Tribunal holds the medical report to be the final decision. In it the reasons for the decision are stated in clear and unambiguous terms. The word "decision" occurs in the text. The complaint is time-barred and irreceivable.

    Keywords:

    complaint; date of notification; decision; medical opinion; receivability of the complaint; time bar; time limit;



  • Judgment 430


    45th Session, 1980
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4-5

    Extract:

    The complaint was time-barred and thus irreceivable. The complainant's letter requesting an explanation for the non-confirmation of his appointment cannot be regarded as an application for further consideration on which the organisation should have acted. Consequently, the letter did not have the effect of setting a new time limit for filing a complaint with the Tribunal.

    Keywords:

    complaint; new time limit; receivability of the complaint; time bar; time limit;



  • Judgment 429


    45th Session, 1980
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The requirement that the internal means of redress should have been exhausted means that a complaint will be irreceivable if its scope is wider than that of the claims which were submitted to the internal appeal bodies. There is no need, however, for the pleas submitted to the Tribunal to have been put to those bodies. A complainant does not, merely by developing the case he put to the internal bodies, alter the scope of review by the Tribunal, which will apply the law proprio motu. The scope of review will alter only if the complainant submits new claims to the Tribunal."

    Keywords:

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



  • Judgment 423


    45th Session, 1980
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    When a staff member seeks further information and explanations on a decision which the organisation has notified to him, there is reason to believe that his own opinion differs from the organisation's. But merely to state that there is absence of agreement will not suffice to constitute a complaint. The internal means of appeal, which require that a complaint is submitted to the competent authority, were not exhausted when the complaint was filed; the complaint is dismissed.

    Keywords:

    condition; internal appeal; internal remedies exhausted; receivability of the complaint;



  • Judgment 421


    45th Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Facts (D)

    Extract:

    "the [organisation] observes that the complainant filed his complaint before the 60 days specified in article vii, paragraph 3, of the statute of the tribunal had expired. since, however, the 60 days have now elapsed and he has not yet had a decision taken on his claim, the [organisation] will not contest the receivability of his complaint."

    Reference(s)

    ILOAT reference: ARTICLE VII PARAGRAPH 3 OF THE ILOAT STATUTE

    Keywords:

    direct appeal to tribunal; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; receivability of the complaint; time limit;



  • Judgment 417


    44th Session, 1980
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    There was already a claim for compensation before the internal appeals body and there was no need to make a fresh one. The appeals body "had, without going into the merits, held the claim for compensation to be irreceivable. In Judgment no. 364 the Tribunal ruled that it was receivable. Accordingly, all that was necessary was for the [body in question] to resume the hearing and make a recommendation on the merits."

    Reference(s)

    ILOAT Judgment(s): 364

    Keywords:

    case sent back to organisation; further submissions on the merits; internal appeals body; judgment of the tribunal; receivability of the complaint;



  • Judgment 413


    44th Session, 1980
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    On 29 November 1978 the Director-General informed the complainant of his intention to renew his contract for one year, but that it could not be renewed for any longer. On 28 February 1979 the complainant asked on what grounds he had been dismissed. On 15 March the Director-General, in drawing a distinction between the expiry of a fixed-term contract and dismissal, declined to give the explanation asked for. "Thus [he] merely upheld the decision taken on 29 November [...] and so set no new time limit for filing a complaint." The complaint, dated 20 May 1979, is time-barred.

    Keywords:

    complaint; confirmatory decision; new time limit; receivability of the complaint; time bar; time limit;



  • Judgment 408


    44th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    A complainant may appeal directly to the Tribunal "provided the appeals body cannot or will not give a decision within a reasonable period. That it cannot or will not do so must, however, be quite clear from the circumstances. Only by way of exception will the Tribunal allow that the condition is met."

    Keywords:

    direct appeal to tribunal; exception; failure to answer claim; internal appeals body; reasonable time; receivability of the complaint;

    Consideration 1

    Extract:

    "According to Article VII, paragraph 1, of the Statute of the Tribunal a complaint shall be receivable only if the internal means of redress provided in the Staff Regulations have been exhausted. That rule requires the complainant not just to appeal to an internal body but to await the decision on his appeal before filing a complaint."

    Reference(s)

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

    Keywords:

    condition; iloat statute; internal remedies exhausted; receivability of the complaint;



  • Judgment 404


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    In her complaint the complainant states that she asked for a certificate of service; she speaks of this document in her rejoinder and makes a claim in regard to it. She also refers to it in her additional memorandum. However, the certificate is not mentioned in any of the claims for relief in her three (joined) complaints. "It is only on the matter of those claims that the Tribunal is required to pass judgment and it will therefore not give any decision on the text of the certificate asked for."

    Keywords:

    new claim; receivability of the complaint; rejoinder;



  • Judgment 398


    43rd Session, 1980
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2-3

    Extract:

    The Staff Regulations provide for two means of redress: requests and complaints. The "request" in question showed the characteristics of a complaint. The prescribed time limit having obviously expired, the Director declared the complainant's application time-barred. When she filed a further complaint, it was proper for him to uphold his earlier decision.

    Keywords:

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



  • Judgment 397


    43rd Session, 1980
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The organisation maintains that the complaint is irreceivable because the Internal Board ought not to have heard the appeal and the means of redress open to the complainant were not duly exhausted. "Although the Appeal Board did not comply strictly with the letter of the rules of procedure, it did, as it states, respect their spirit. [...] The Appeal Board must be allowed some discretion in construing the internal rules of procedure and therefore cannot be taken to task for breach of those rules."

    Keywords:

    internal appeal; internal appeals body; internal remedies exhausted; mistaken hearing of merits; procedure before the tribunal; receivability of the complaint;



  • Judgment 391


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The organisation imposed four unpaid days of leave on the staff. It "doubts whether there is any substance to the complaints and hence whether they are receivable. It argues that if the complainants take the cash equivalent of the compulsory leave, all they will have done is make a 'loan' [...] 'bearing a high rate of interest' at that. But that is just a hypothesis and does not mean that there is no substance to the claims for relief."

    Keywords:

    cause of action; compensatory measure; leave; receivability of the complaint; reduction of salary; salary;



  • Judgment 375


    42nd Session, 1979
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The test of receivability is applied to decisions, not to issues. If an appeal against a decision is receivable, the appellant must be allowed to raise any issue that is relevant to the decision unless that issue has actually been decided and so becomes res judicata."

    Keywords:

    decision; receivability of the complaint;



  • Judgment 370


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "In the present instance [...] it was so obvious that no internal appeal would lie that the intermediary can hardly be blamed for not letting the appeals body itself declare the appeal irreceivable. In any case it would be unduly formalistic to quash the impugned decision because of a flaw which had no effect whatever on the proceedings or on the outcome of the case."

    Keywords:

    flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; receivability of the complaint;

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Last updated: 06.05.2021 ^ top