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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 188


    28th Session, 1972
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    On the form she used to file her complaint, the complainant sought the quashing of a decision in respect of her performance report. In a memorandum, she sought the quashing of the decision refusing her a salary increment. "These two documents were filed at the same time and form a whole, in the sense that the claims set out in them are complementary." A decision is therefore required both on the performance report and the question of the salary increment.

    Keywords:

    claim; complaint; difference; receivability of the complaint;



  • Judgment 186


    27th Session, 1971
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Under the applicable provisions, "the period within which an appeal must be submitted against any administrative decision affecting [...] officials [of the organization] starts to run from the date of notification of the decision to the persons concerned." The rejection of the appeal for being time-barred is not flawed.

    Keywords:

    date; date of notification; decision; internal appeal; receivability of the complaint; start of time limit; time bar;



  • Judgment 185


    27th Session, 1971
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The regional administration failed to reply because it made a reply conditional on a matter unrelated to the request. "The position thus taken up by the administration misled [the complainant] and prevented him from following the procedure laid down [in the Staff Rules]. There is all the more reason for taking account of his error inasmuch as the [...] Rules do not mention the general rule of law [...] whereby the silence of the administration after a certain period is equivalent to rejection of a claim."

    Keywords:

    complaint; exception; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; negligence; organisation; receivability of the complaint; time bar;

    Considerations

    Extract:

    Article VII, paragraph 3, of the Statute of the Tribunal must be read in conjunction with paragraph 1 of the same article. "[T]he provision can apply only if a complainant has exhausted all internal means of resisting the decision open to him, and if he is impugning either an explicit decision or the implicit decision resulting from the failure of the Director-General of the organization, the final competent authority, to give a ruling on his claim."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE

    Keywords:

    condition; express decision; failure to answer claim; implied decision; internal remedies exhausted; receivability of the complaint;



  • Judgment 181


    27th Session, 1971
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "[T]he Director-General was at fault in ruling that the complainant's appeal to the Appeals Board was time-barred [...]. The decision impugned must accordingly be quashed." The case is referred back to the organization for a decision on the merits.

    Keywords:

    case sent back to organisation; decision quashed; further submissions on the merits; internal appeal; receivability of the complaint; refusal; reply confined to receivability; time bar; tribunal;

    Consideration 3

    Extract:

    The date on which the appeal is despatched is the important one. "[I]n laying down that staff members must submit their appeal in writing to the [competent body] within 15 or 30 days, [the applicable provision] implies that the important one is that on which the appeal is despatched."

    Keywords:

    date; internal appeal; interpretation; receivability of the complaint; time limit;



  • Judgment 180


    27th Session, 1971
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The prescribed time limit must be held to have been observed if a complaint [...] has been filed with [the Tribunal] late, but was sent within the period of 90 days to the Administrative Tribunal of the United Nations. This interpretation is justified because of the links between the international organisations, and in particular by the fact that some staff members" fall within the jurisdiction of the latter Tribunal in matters concerning their pension rights.

    Keywords:

    complaint; exception; iloat; new time limit; receivability of the complaint; remand; time bar; unat;



  • Judgment 171


    25th Session, 1970
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complaint, filed by a former official of IAEA and FAO, is directed against the ILO, an organisation in which he has never served. "Such a complaint is not one which the Administrative Tribunal is competent to hear under the provisions of article ii of its sSatute."

    Reference(s)

    ILOAT reference: ARTICLE II OF THE STATUTE

    Keywords:

    competence of tribunal; locus standi; non official; receivability of the complaint; status of complainant;

    Considerations

    Extract:

    "[A]ccording to Article VI of the Statute, "the Tribunal shall take decisions by a majority vote; judgments shall be final and without appeal." Accordingly, if [the complainant] is requesting the Tribunal to quash its earlier judgments nos. 142 and 151 [...] his claims are irreceivable."

    Reference(s)

    ILOAT reference: ARTICLE VI OF THE STATUTE
    ILOAT Judgment(s): 142, 151

    Keywords:

    application for quashing; finality of judgment; iloat statute; judgment of the tribunal; last instance; receivability of the complaint;



  • Judgment 165


    25th Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    When first appointed in March 1952, the complainant was not enrolled in the United Nations Joint Staff Pension Fund. Although this decision was not at the time notified, it was confirmed and notified by the letter of January 1957 which informed the complainant that he would become a member of the pension fund from the following month. The date of receipt of that letter was the date at which the statutory period began to run for the lodging of an appeal. Filed in November 1968, the appeal was time-barred and the dismissing of the appeal was not tainted with illegality.

    Keywords:

    date of notification; decision; forfeiture of benefit; internal appeal; participation; receivability of the complaint; start of time limit; time bar; time limit; unjspf;



  • Judgment 164


    25th Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    When first appointed in May 1951, the complainant was not enrolled in the United Nations Joint Staff Pension Fund. Although this decision was not at the time notified, it was confirmed and notified by the letter of January 1957 which informed the complainant that he would become a member of the pension fund from the following month. The date of receipt of that letter was the date at which the statutory period began to run for the lodging of an appeal. Filed in November 1968, the appeal was time-barred and the dismissing of the appeal was not tainted with illegality.

    Keywords:

    date of notification; decision; forfeiture of benefit; internal appeal; participation; receivability of the complaint; start of time limit; time bar; time limit; unjspf;



  • Judgment 163


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "According to Article VII of the Statute of the Tribunal, a complaint submitted to the Tribunal shall not be receivable unless a final decision is impugned, the person concerned having exhausted such other means of resisting as are open to him under the applicable Staff Regulations."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

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

    Considerations

    Extract:

    The complaint is not directed against any decision taken by the Director-General. The complainant impugns a decision of 11 March; in fact no administrative authority of the organization took any decision on that date concerning the complainant; 11 March is the date on which he appealed to the internal appeals body. The complaint is therefore irreceivable.

    Keywords:

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



  • Judgment 158


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Although the complainant's services terminated [...] as a result of his resignation, he was still entitled to challenge his grading during an earlier period."

    Keywords:

    cause of action; complaint; post classification; receivability of the complaint; resignation; separation from service;



  • Judgment 156


    24th Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The Tribunal finds that the complainant has not impugned a final decision after exhausting the internal appeal procedure and that he cannot validly plead that he was unaware of the provisions of the Staff Regulations and Rules concerning internal appeal procedures to justify his direct complaint to the Tribunal."

    Keywords:

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



  • Judgment 147


    23rd Session, 1970
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant impugns decisions of the Secretary-General without previously having exhausted the internal means of appeal provided for in the Staff Rules. "It follows that the submissions in his complaint in respect of the aforesaid decisions are not receivable."

    Keywords:

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

    Consideration 2

    Extract:

    Although a provision of the Staff Rules allows the Appeals Board "in exceptional cases [to] waive the time-limit, the fact [...] that [the complainant], as a result of a mistake committed in good faith, addressed himself directly to the Administrative Tribunal, was not regarded by the [...] Appeals Board as an exceptional circumstance covered by the above-mentioned provision."

    Keywords:

    direct appeal to tribunal; exception; good faith; internal appeal; receivability of the complaint; time bar;



  • Judgment 146


    23rd Session, 1970
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant did not submit an appeal to the internal appeals body before filing his complaint with the Administrative Tribunal. "He had therefore failed to exhaust the internal procedure available to him before appealing to the Tribunal." The complainant did not obtain the Director-General's leave to appeal directly to the Tribunal as required by the applicable provision. His claims are dismissed.

    Keywords:

    acceptance; condition; direct appeal to tribunal; executive head; internal remedies exhausted; receivability of the complaint;



  • Judgment 140


    22nd Session, 1969
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "After the close of the written proceedings the complainant communicated to the Tribunal a statement [...] signed [by a third party]. In principle the Tribunal takes account of all documents produced before the opening of the session at which the relevant case is to be judged. In the case at issue, the Tribunal has no reason not to take the statement into consideration. At the most it might ask the complainant to certify its authenticity, but this is unnecessary since the document in question cannot affect the outcome of the proceedings."

    Keywords:

    admissibility of evidence; appraisal of evidence; closure of written proceedings; disclosure of evidence; receivability of the complaint; time limit;



  • Judgment 130


    21st Session, 1969
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Failing any action to resist the decision within the prescribed time-limits, the decision not to renew the complainant's appointment became final and can no longer be challenged; consequently, all the complainant's links with the organization were severed from the date on which his contract expired.

    Keywords:

    complaint; consequence; internal remedies exhausted; receivability of the complaint; separation from service; time limit;



  • Judgment 126


    20th Session, 1968
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The organization contends that the present complaint has become irrelevant because of the termination of the complainant's employment after the filing of the complaint. "But the legality of the decision to terminate, which is also attacked in a complaint before the Administrative Tribunal, depends on the disposal of the present complaint. Moreover, if the present complaint were held to be well founded, the complainant could claim damages even if her complaint concerning termination were to be dismissed."

    Keywords:

    cause of action; competence of tribunal; complaint; judicial review; receivability of the complaint; separation from service; termination of employment;



  • Judgment 123


    20th Session, 1968
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    One copy of the impugned decision arrived at the usual home address of the complainant on 27 June; a second copy arrived at his business address on 28 June. "[B]y sending two copies of its decision the [organisation] sought to ensure that at least one of them would reach its destination. It therefore admitted that if one copy were to go a stray the time limit of 90 days would run from the date of receipt of the second." The complainant might have kept only one of the two copies, that which arrived on 28 June. "[I]t is consonant with the rules of good faith to hold that the time limit began to run from 28 June, and [...] that the complaint is receivable."

    Keywords:

    complaint; date of notification; decision; good faith; receivability of the complaint; start of time limit;



  • Judgment 122


    20th Session, 1968
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The decision not to renew his contract was notified to the complainant on 6 March and again on 15 June following his request for a review. On 25 June the complainant addressed a request to the organisation based on new arguments and directed to securing reconsideration of his case. Following this request the Director-General communicated to the complainant on 14 August a decision definitely confirming the previous decision, but in part on new grounds. The time limit for the filing of the complaint began to run only from the date of the notification of the decision of 14 August.

    Keywords:

    amendment to the rules; complaint; confirmatory decision; contract; date; date of notification; decision; fixed-term; grounds; non-renewal of contract; receivability of the complaint; start of time limit; time limit;



  • Judgment 117


    19th Session, 1968
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    If the signatory to the contract of employment had authority from the organization, the complainant could be held to be employed by the organization. "Authority is a clear and precise legal conception and if it cannot be found to exist it is not permissible to take refuge in imprecise expressions, such as that the credit union [which employs the complainant] was a body "within the framework of [the organization]". Accordingly, the complainant not being employed by [the organization], and so not one of its staff members, the Tribunal lacks jurisdiction".

    Keywords:

    competence of tribunal; contract; delegated authority; locus standi; non official; receivability of the complaint; right of appeal; status of complainant;



  • Judgment 114


    18th Session, 1967
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant failed to appeal against the impugned decision to the internal appeals body, contrary to statutory procedure. He has not therefore "exhausted the means at his disposition, under the applicable staff regulations. Accordingly his complaint is irreceivable under Article VII, paragraph 1, of the Statute of the Administrative Tribunal".

    Reference(s)

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

    Keywords:

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

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Last updated: 06.05.2021 ^ top