Internal appeals body (79, 80, 81, 84, 822, 823, 90, 91, 742, 785, 786, 813, 82, 973, 819,-666)
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Keywords: Internal appeals body
Total judgments found: 284
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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;
Judgment 676
56th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
A staff member may ask the administration for review of a decision either when some new and unforeseeable fact of decisive importance has occurred since the decision was taken or where the staff member is relying on facts or evidence of which he was not and could not have been aware before the decision was taken. If either condition is fulfilled the administration is under a duty to review, and the new decision will set a new time limit.
Keywords:
case reopened; complainant; condition; internal appeal; internal appeals body; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; request by a party; start of time limit; time limit;
Judgment 667
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant advances the argument "that the internal appeal procedure could not now function properly since every member of the Appeals Committee [...] would himself have an interest in the outcome of the appeal. [The argument fails.] The objection to the membership of the [...] Committee cannot be entertained in hearing the present complaint. In any event the Committee would be competent to consider allegations of flaws in the individual decision."
Keywords:
composition of the internal appeals body; internal appeals body; recusal;
Judgment 623
53rd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant pleas that he had no chance to present his case to the Appeals Committee in person. "All that the right to a hearing requires is that the complainant should be free to put his case, without arbitrary restrictions, either in writing or orally."
Keywords:
condition; internal appeal; internal appeals body; right to reply;
Considerations
Extract:
The applicable provision "says that a staff member may designate another staff member to present his case or act as his counsel before the appeals [body]. The FAO cannot therefore be held liable for not appointing a qualified lawyer to advise the complainant, nor was he denied any due procedural safeguards in putting his case".
Keywords:
complainant; counsel; internal appeal; internal appeals body;
Judgment 611
53rd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
There is no need to determine whether the refusal to allow the complainant to file a second rejoinder during the internal proceedings violated his right to a fair hearing. "Any defect there was must be deemed to have been removed by the present proceedings before the Tribunal. [...] Since the complainant is free to comment on any such issue before the Tribunal he has had sufficient opportunity to put his case properly, even if the Appeals Board did not fully respect his rights as a party."
Keywords:
flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;
Judgment 575
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complaint is declared irreceivable, the internal means of redress not having been exhausted. The appeal was submitted to the President after the time-limit laid down in the Regulations had run out. It is immaterial that the Appeals Committee considered the complainant's case on the merits; its opinion does not prevent the Tribunal from observing that the time limit was not respected.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint; time bar;
Judgment 522
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
According to a staff rule, an appeals board shall advise the Director-General "when a staff member lodges an appeal against an administrative decision 'alleging that it conflicts with the terms of his appointment or with any regulation or rule'." A decision therefore which is not in conflict with the complainant's terms of appointment or with any regulation or rule is not appealable."
Keywords:
competence; contract; enforcement; internal appeals body; provision; staff regulations and rules;
Judgment 513
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant seeks the quashing of the decisions of the Internal Board of Appeal and the Director-General to reject his appeal in accordance with the Board's recommendation. Only the latter decision, the final one, which is in accordance with Article VII of the Statute."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
application for quashing; competence of tribunal; decision; iloat statute; internal appeals body; recommendation; report;
Judgment 483
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The internal appeals body did not respect the complainant's right to a hearing. In this case "not only has the complainant had every opportunity to state her case in these proceedings but the Tribunal will decide proprio motu the points on which the Appeals Committee heard evidence from the officials [without the parties' knowledge]. The flaw in the appeal proceedings is therefore of no consequence and is to be regarded as corrected by the present proceedings.
Keywords:
disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;
Judgment 476
47th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The right to a hearing includes the opportunity to take part in the deposition of evidence. "The Appeals Committee ought to have summoned the complainant and a representative of the organization to attend when the expert witness gave evidence. [...] This flaw in the internal appeal proceeding had no effect, however." The expert witness expressed views solely on the nature of the complainant's former and new posts. This is a point which has been fully elucidated in the proceedings before the Tribunal. Neither the statements of the expert witness nor the conclusions of the Committee can therefore have any effect on the Tribunal's decision.
Keywords:
adversarial proceedings; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;
Judgment 446
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
By a majority opinion of 3 to 5, the internal appeals body recommended not reclassifying the complainant's post. The Director-General accepted that view. "The question is one for a general appreciation by persons who are familiar with the working conditions". Unless there is clear evidence of a mistaken approach to the problem, the view of the majority (and of the Director-General) must be accepted.
Keywords:
discretion; internal appeals body; post classification; recommendation;
Judgment 428
45th Session, 1980
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Although the complainant was not invited to address the [Review Committee on classifications], his application for review of his classification was put to it. It is therefore not open to him to allege any breach of his right to a hearing, since the right does not mean that he is entitled to be heard in person."
Keywords:
consequence; internal appeals body; post classification; right to reply;
Judgment 421
45th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
the complainant contends that the recommendation on which the director acted was vitiated by prejudice against him. he mentions three points relating to his nationality and previous conduct. "there is no reason to think that any of these matters, if and insofar as they were known to the two members of the working party, influenced their conclusions in any way." the working party had been set up to advise the director-general on staff reductions. on the day of the meeting to consider the complainant's case, the working party consisted of only two members appointed by the administration.
Keywords:
bias; flaw; internal appeals body; lack of evidence; recommendation;
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 408
44th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Although the organization's attitude was open to reproach, the complainants were not on that account entitled to forgo a decision from the [Appeals] Board. The organization may have been remiss, but the Board was still able to hear the appeal. If it could not get a prompt response to its requests for [disclosure], its function was to decide on the evidence which it did have and, if it saw fit, to decide against the organization in the matters under dispute. In short, there were no valid grounds for divesting it of an appeal which it was in no way prevented from hearing."
Keywords:
direct appeal to tribunal; internal appeals body; internal remedies exhausted;
Consideration 4
Extract:
"The decision in this case turns at least as much on appraisal of oral statements as on that of written evidence, and the Tribunal would be hard put to pass judgment without knowing the [Appeals] Board's views. The appeal to the Board is therefore no empty formality."
Keywords:
internal appeal; internal appeals body; internal remedies exhausted; purpose; recommendation; tribunal;
Consideration 3
Extract:
"Doubtless [the internal appeals body] showed the organization too much forbearance. [...] Yet the evidence casts no doubt on its willingness to hear the appeal before it. [...] While the complainants were lodging their complaints with the Tribunal the [Appeals] Board was on the point of giving a decision. In the circumstances there are no grounds for allowing any derogation from the rule that the internal means of redress shall have been exhausted."
Keywords:
administrative delay; exception; internal appeal; internal appeals body; internal remedies exhausted; late decision;
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;
Judgment 397
43rd Session, 1980
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Although the complainant's argument was endorsed by the Appeal Board and did perhaps have some truth in it, it is not borne out by sufficient evidence for the Tribunal to find that the Secretary-General drew clearly mistaken conclusions from the facts."
Keywords:
binding character; consequence; internal appeals body; judgment of the tribunal; recommendation; tribunal;
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 377
42nd Session, 1979
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Committee carried out a complete review of the complainant's case and thereby did what the Director-General asked it to do; it was empowered to dismiss as pointless or immaterial the complainant's applications for an inquiry and for the hearing of witnesses; its report answers all the arguments and adequately bears out its conclusions. There is no evidence of any procedural flaw.
Keywords:
complainant; inquiry; internal appeals body; investigation; oral proceedings; refusal; request by a party;
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;
Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The jurisdiction of an appeals committee need not necessarily be the same as the jurisdiction of the Tribunal. "It would be neither irrational nor inconvenient if the question whether a contract of appointment had or had not been concluded was left outside the jurisdiction of a committee designed to deal with staff grievances rather than with questions of law."
Keywords:
competence; competence of tribunal; contract; evidence; internal appeals body; offer;
Judgment 333
40th Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The members of a committee set up to examine appeals against post grading decisions began their work and subsequently resigned. Instead of following the recommendations already made by the old committee, the Director-General set up a new one. He was therefore bound to start the proceedings all over again. To be lawful the new committee's recommendations could only be made after hearing the persons concerned. The Director-General's decisions based on unlawful recommendations are quashed. The case is "referred back to the Director-General for a new decision, to be taken after due consultation of the [...] grading appeals committee."
Keywords:
flaw; internal appeals body; organisation's duties; procedural flaw; procedure before the tribunal; recommendation;
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