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Implied rejection of internal appeal (791,-666)

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Keywords: Implied rejection of internal appeal
Total judgments found: 2

  • Judgment 4211


    129th Session, 2020
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns what she considers to be an implied rejection of her claims of moral and sexual harassment and abuse of authority.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; harassment; implied rejection of internal appeal; internal remedies exhausted;

    Consideration 12

    Extract:

    In the absence of any action having been taken following the closure of the investigation and having regard to IOMís statement that the complainant should have filed a complaint with the Tribunal within 90 days of IOMís notification of the closure of her case, the complainant was entitled to infer that an implied decision to dismiss her appeal had been taken. This inference can now be more readily drawn given that an express decision as of the date of the adoption of the present judgment has not been taken. Accordingly, the Tribunal concludes that the complaint is receivable.

    Keywords:

    absence of final decision; implied rejection of internal appeal;



  • Judgment 4184


    128th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant mainly challenges the alleged misuse of short-term contracts in her case, the non-extension of her last contract and the allegedly incorrect classification of her job.

    Consideration 4

    Extract:

    The Tribunal, in Judgment 3704, in considerations 2 and 3, recalled that the time limits for internal appeal procedures and the time limits in the Tribunalís Statute serve the important purposes of ensuring that disputes are dealt with in a timely way and that the rights of parties are known to be settled at a particular point of time. The Tribunalís rationalisation of this general principle may be summarized as follows: time limits are an objective matter of fact and strict adherence to them is necessary to ensure the stability of the partiesí legal relations. However, there are exceptions to this general principle laid down in the Tribunalís case law. One of them is the case where the defendant organisation misled the complainant, depriving him of the possibility of exercising his right of appeal in violation of the principle of good faith (see, for example, Judgment 2722, consideration 3, and Judgment 3311, considerations 5 and 6). The Tribunal also recalls that a complaint against an implied rejection may be deemed receivable, notwithstanding the expiry of the time limit for filing a complaint, if a particular step taken by an organisation, such as sending a dilatory reply to the complainant, might give that person good reason to infer that his or her claim is still under consideration (see Judgment 2901, consideration 10).

    Reference(s)

    ILOAT Judgment(s): 2722, 2901, 3311, 3704

    Keywords:

    implied rejection of internal appeal; internal appeal; late appeal; receivability of the complaint;


 
Last updated: 02.07.2020 ^ top