Direct appeal to Tribunal (85, 25, 779, 780,-666)
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Keywords: Direct appeal to Tribunal
Total judgments found: 145
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Judgment 738
58th Session, 1986
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
At the end of a correspondence with the office of the Director-General, the complainant wrote that he would assume that no appeal lay against the Director-General's decision, unless the organisation informed him that this was not the case. The Tribunal holds that as the holder of a Ph.D. in law and head of finance and legal affairs, the complainant should know that the Director-General has no power to absolve an official from his obligation to exhaust the means of redress open to him.
Keywords:
absence of final decision; direct appeal to tribunal; exception; internal remedies exhausted; receivability of the complaint;
Judgment 587
51st Session, 1983
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"It is quite plain that the proper procedure was not followed. The Director-General's failure to reply within a month of receiving the protest implied rejection of it, but instead of appealing to the Board the complainant, directly and without the Director-General's agreement, appealed to the Tribunal. [...] This obvious disregard of his obligation to exhaust the internal means of redress provided in the Statutes [...] makes the complaint irreceivable by virtue of Article VII of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
complaint; direct appeal to tribunal; internal remedies exhausted; receivability of the complaint;
Judgment 567
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainants committed an error of judgment in thinking that the Tribunal would allow their complaints and that there was therefore no purpose in continuing with the internal proceedings. But that error was "not the same thing as lack of consent such as will render the withdrawal null and void. The basis in law of relations between organisation and staff must be stable. The complainants are liable for the course of action and the decisions they take. [...] They must be held responsible for their own actions and bear the consequences."
Keywords:
complainant; direct appeal to tribunal; internal remedies exhausted; lack of consent; negligence; receivability of the complaint;
Judgment 565
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5(A)
Extract:
According to the Staff Regulations, decisions taken by the Director-General himself are not subject to the complaint procedure. "The performance report referred to in [the complainant's claim] was approved by the Director-General and so he accepted responsibility for it. The complainant was therefore entitled to take the view that he need not address a complaint to the Director-General before submitting [his claim] to the Tribunal. [...] Article VII(1) of the Statute constitutes no bar to a complainant who [...] rightly concluded that he was not required to follow one of the internal appeal procedures."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
decision; direct appeal to tribunal; exception; executive head; internal appeal; internal remedies exhausted; performance report; receivability of the complaint;
Judgment 544
50th Session, 1983
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
An article of the Staff Rules "provides that there shall be no internal appeal against any decision not to renew a contract. There may therefore be a direct appeal to the Tribunal against such a decision, without any breach of the Statute, and whether the internal means of redress were exhausted is not a material issue in this case."
Keywords:
contract; direct appeal to tribunal; exception; fixed-term; internal remedies exhausted; non-renewal of contract; receivability of the complaint;
Judgment 533
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Before coming to the Tribunal again the complainant should await the Appeals Committee's report and the President's final decision. But he need not wait indefinitely. He may appeal directly to the Tribunal if one of two conditions is fulfilled: if the appeals body fails to report and there are grounds for believing that it will not do so within a reasonable lapse of time; or else if the President fails to take a final decision within sixty days of receiving the Appeals Body's report."
Keywords:
absence of final decision; direct appeal to tribunal; exception; failure to answer claim; internal remedies exhausted; reasonable time;
Judgment 532
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 533, consideration 5.
Reference(s)
ILOAT Judgment(s): 533
Keywords:
absence of final decision; direct appeal to tribunal; exception; failure to answer claim; internal remedies exhausted; reasonable time;
Judgment 522
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
For the jurisdiction of the Appeals Board to be waived, Staff Rules require the Director-General's consent, and no time limit is prescribed for his decision. "The just solution may be that, provided that the complainant is not dilatory in applying for the consent of the Director-General, time does not begin to run until after the Director-General has communicated his decision."
Keywords:
date of notification; decision; direct appeal to tribunal; request by a party; start of time limit;
Judgment 499
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
In May the complainant made known his intention to appeal against the transfer. The Director-General replied that he was willing to refer the matter to the Joint Committee. In August the administration said the Director-General, who was absent, had received a recommendation to that effect. In September it told the complainant that the matter would be put to the Committee. "These shifting attitudes, which in the end came to nothing and spanned four months, constitute exceptional circumstances and warranted a direct complaint to the Tribunal."
Keywords:
administrative delay; direct appeal to tribunal; exception; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 496
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainants appealed to the internal board and then, without awaiting the outcome of the proceedings, to the Tribunal. By applying directly to the Tribunal "the complainants [...] obviously had no intention of abandoning their appeal; their wish was to expedite the hearing. As a matter of procedure they made a mistake in asking for the case to be withdrawn, but the situation was unprecedented and it was one to which the inactivity of the organization had contributed. A procedural error should not in this instance be held against the complainants."
Keywords:
administrative delay; direct appeal to tribunal; flaw; internal remedies exhausted; procedural flaw; receivability of the complaint;
Judgment 458
46th Session, 1981
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
The complainant sought the Director-General's approval, required under the material provisions, for him to to appeal directly to the Tribunal. Having received no reply within the time limit he had given, the complainant considered that the organization's silence was to be taken as consent. But the Director-General was not bound to answer the complainant by the deadline he had arbitrarily set. Furthermore, he did not ask for the Director-General's agreement until after the expiry of the time limit for addressing an appeal: he should therefore have expected a refusal. The complaint is clearly irreceivable.
Keywords:
acceptance; direct appeal to tribunal; executive head; failure to answer claim; provision; request by a party; staff regulations and rules; time limit;
Judgment 456
46th Session, 1981
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The purpose of Article VII, paragraph 3, of the Statute of the Tribunal is two-fold: a) to enable an official to defend his interests by going to the Tribunal when the administration has failed to take a decision; b) to prevent a dispute from dragging on indefinitely and from coming before the Tribunal at a time when the material facts have altered or can no longer be determined with certainty.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords:
direct appeal to tribunal; failure to answer claim; iloat statute; provision; purpose;
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 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 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 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant addressed himself to the Director of Personnel who informed him that no procedure existed for an appeal by a person not belonging to the staff of the organization. The complainant subsequently brought the matter to the attention of the Director-General who said that the organization considered his appeal to be irreceivable because he was not a staff member. The complainant concluded that this was a final decision and that he had exhausted his means of appeal. He informed the organization that he intended to file a complaint with the Tribunal. The organization did not reply. The organization thus led the complainant to believe that an appeal would be pointless and the organization cannot now be heard to object that it was not made.
Keywords:
contract; direct appeal to tribunal; good faith; internal remedies exhausted; locus standi; offer; receivability of the complaint; status of complainant;
Judgment 313
39th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The chairman of the Appeals Committee having indicated that the proceedings were suspended, the complainant filed his complaint. Subsequently, the Director-General accepted the recommendation of the Committee and dismissed the appeal. "A party should not suffer prejudice from acting on even the mistaken suggestion of an appeals body. Having followed the suggestion in the chairman's letter, the complainant cannot be taken to task for acting too soon and failing to file his complaint again after [...] the [...] decision."
Keywords:
administrative delay; direct appeal to tribunal; internal appeal; internal appeals body; late decision; procedure before the tribunal; receivability of the complaint;
Judgment 272
36th Session, 1976
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The request which the complainant addressed to the organization was never either accepted or rejected. She then filed a complaint with the Tribunal and "based it on the silence of the organization and on Article VII, paragraph 3, of the Tribunal's Statute. The organization does not dispute that the complaint falls within Article VII and accordingly, so far as that article is concerned, the complaint is receivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords:
complaint; direct appeal to tribunal; failure to answer claim; implied decision; receivability of the complaint;
Judgment 263
35th Session, 1975
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Article VII, paragraph 3, of the Statute of the Tribunal prescribes the possibility of appealing to the Tribunal where the administration fails to take a decision upon a claim within sixty days from the notification of that claim. [A provision] of the Staff Regulations [...] lays down the same rule in a different form. It provides that if a claim addressed to the Director-General or the Administrative Council has not been decided upon within sixty days of the date of its notification or submission it is deemed to be dismissed."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords:
direct appeal to tribunal; failure to answer claim; implied decision; receivability of the complaint;
Judgment 255
34th Session, 1975
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The letter from the chief of personnel "is not expressed as a decision but as a letter enclosing an appraisal report [...] The complainant however did not wish to disagree with the report; he wished to contend that it was not an appraisal report at all and to claim what he called a proper report. He was within his rights in taking this course by his letter [...] and since the Director-General has failed to act upon it paragraph 3 of Article VII applies."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords:
direct appeal to tribunal; failure to answer claim; implied decision; omission; performance report; receivability of the complaint;
Judgment 225
32nd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
Under the material provision, a staff member may with the consent of the Director-General waive the jurisdiction of the internal body and appeal directly to the Administrative Tribunal. "[T]he Director-General's authorization of such waiver is a derogation from the normal procedure prescribed by the Staff Regulations and can properly be allowed only in exceptional cases which the Director-General himself shall determine. The Administrative Tribunal is not competent to waive the requirement that the complainant should first appeal to [the internal body]."
Keywords:
acceptance; competence of tribunal; direct appeal to tribunal; discretion; exception; executive head; internal remedies exhausted; receivability of the complaint;
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