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Internal appeal (86, 87, 668, 695, 752, 783,-666)

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Keywords: Internal appeal
Total judgments found: 418

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  • Judgment 4313


    130th Session, 2020
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the International Labour Office, challenges the decision to dismiss her harassment grievance.

    Considerations 2-3

    Extract:

    Several new features were introduced by the amendment of Article 13.4 of the Staff Regulations on the procedure to be followed in cases of harassment. While the introduction of the duty to conduct an independent investigation, unless the grievance is irreceivable or the Director of the Human Resources Development Department is satisfied that the facts have already been fully established, is indisputably in line with the Tribunal’s case law, the same cannot be said of the exclusion by the new Article 13.4(18) of the Staff Regulations of the right to file an internal appeal against the decision of the Director-General with the Joint Advisory Appeals Board.
    First of all, as the Tribunal has repeatedly stated, it is desirable that an official should have the opportunity to lodge an internal appeal against a decision concerning her or him (see Judgments 3732, under 2, and 4257, under 12). The right to an internal appeal is a safeguard which international civil servants enjoy in addition to their right of appeal to a judicial authority (see, for example, Judgments 2781, under 15, and 3067, under 20). This is especially true since in most matters, internal appeal bodies may normally allow an appeal on grounds of fairness or advisability, whereas the Tribunal must essentially give a ruling on points of law (see Judgment 3732, under 2).
    Next, the existence of an internal appeal procedure allows the organisation, if need be, to remedy an omission or rectify an error and, if necessary, to alter its position before a final decision is taken. Moreover, it allows the staff member concerned to understand the final decision better and perhaps accept that decision as being warranted in the light of the findings of the internal appeal body, even if the outcome is unfavourable to her, thus dissuading her from filing a complaint with the Tribunal.
    Finally, internal appeal procedures play a fundamental role in the resolution of disputes, owing to the guarantees of objectivity derived from the composition of the appeal bodies and their extensive knowledge of the functioning of the organisation. One of the main justifications for the mandatory nature of such a procedure is to enable the Tribunal, in the event that a complaint is ultimately filed, to have before it the findings of fact, items of information or assessment resulting from the deliberations of appeal bodies, especially those whose membership includes representatives of both staff and management, as is often the case (see Judgments 3424, under 11(b), 4072, under 1, and 4168, under 2). In this case, it appears to the Tribunal that the input of an internal appeal body would have been particularly essential given that a large number of facts have to be taken into consideration.
    In conclusion, the Tribunal deeply regrets that it is no longer possible to bring an internal appeal against a harassment-related decision before the Joint Advisory Appeals Board, even though it is normally the rule at the ILO for such an appeal to be available.

    Reference(s)

    ILOAT Judgment(s): 2781, 3067, 3424, 3732, 4072, 4168, 4257

    Keywords:

    harassment; internal appeal;



  • Judgment 4257


    129th Session, 2020
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his staff report for 2014.

    Consideration 12

    Extract:

    The second [argument] is that the grievance cannot be further pursued by way of internal appeal. As to this second point, the Tribunal has repeatedly spoken of the desirability of effective internal appeal mechanisms (see Judgment 3732, consideration 2, and the cases cited therein). However the Tribunal has not said it is mandatory and a precondition to the exercise of jurisdiction by the Tribunal in relation to final decisions that all such decisions are subject to internal appeal.

    Reference(s)

    ILOAT Judgment(s): 3732

    Keywords:

    internal appeal;



  • Judgment 4237


    129th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision – taken after his resignation – to find him guilty of serious misconduct, and the decision to withhold from his separation entitlements an amount corresponding to financial losses allegedly incurred by WHO as a result of his misconduct.

    Consideration 13

    Extract:

    Taking into account all of the circumstances, including the factual and legal complexity of the proceedings, the number of steps in the process (the IOS investigation, the two appeals before the RBA and the appeal before the GBA), the total length of the procedure was not unreasonable. The claim for moral damages for excessive delay is rejected.

    Keywords:

    delay; internal appeal; moral injury;

    Consideration 12

    Extract:

    According to the Tribunal’s case law (see, for example, Judgments 3757, under 6, 4024, under 6, 4026, under 5, and 4091, under 17), “where an internal appeal body has heard evidence and made findings of fact, the Tribunal will only interfere if there is manifest error (see Judgment 3439, consideration 7)”. Moreover, where there is an investigation by an investigative body in disciplinary proceedings, “it is not the Tribunal’s role to reweigh the evidence collected by an investigative body the members of which, having directly met and heard the persons concerned or implicated, were able immediately to assess the reliability of their testimony. For that reason, reserve must be exercised before calling into question the findings of such a body and reviewing its assessment of the evidence. The Tribunal will interfere only in the case of manifest error (see Judgments 3682, under 8, and 3593, under 12)” (see Judgment 3757, under 6).

    Reference(s)

    ILOAT Judgment(s): 3439, 3593, 3682, 3757, 3757, 4024, 4026, 4091

    Keywords:

    evidence; inquiry; internal appeal; investigation;



  • Judgment 4222


    129th Session, 2020
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the refusal of UNESCO to award full compensation for the injury suffered as a result of an accident recognized as being service-incurred.

    Considerations 6-8

    Extract:

    The case law of the Tribunal establishes that, when under an organization’s Staff Rules and Staff Regulations only serving officials have access to the internal appeal procedures, former officials have no possibility of using them and they are then entitled to file a complaint directly with the Tribunal (see, for example, Judgments 2840, consideration 21, 3074, consideration 13, or 3156, consideration 9).
    In the case of UNESCO, the Tribunal has already held that Staff Regulation 11.1, Staff Rule 111.1 and the Statutes of the Appeals Board confine access to internal means of redress to “staff members”, in other words solely to serving officials. In pursuance of this case law, it held that a former staff member could not use the internal means of redress to challenge a decision taken after she had left the Organization (see Judgment 2944, consideration 20).
    However, the wording of the provisions of paragraph 7 of the Statutes of the Appeals Board makes it clear that a staff member who “has been separated” may submit an appeal to the Board. As the Tribunal explained in Judgment 3398, considerations 2 and 6, the internal means of redress established by the Staff Regulations and Staff Rules are open to any person who has been affected by a decision in her or his capacity as an official, even if she or he has since left the Organization. A staff member of UNESCO whose appointment has ended is therefore still entitled to use the internal means of redress if she or he wishes to challenge a decision taken before her or his separation.

    Reference(s)

    ILOAT Judgment(s): 2840, 2944, 3074, 3156, 3398

    Keywords:

    direct appeal to tribunal; internal appeal; internal remedies exhausted;



  • Judgment 4196


    128th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reject as time-barred his application for an inward transfer into the EPO’s pension scheme of pension rights previously accrued under a German pension scheme.

    Judgment keywords

    Keywords:

    complaint dismissed; internal appeal; transfer of pension rights;



  • 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 Tribunal’s 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 Tribunal’s 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 parties’ legal relations. However, there are exceptions to this general principle laid down in the Tribunal’s 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;

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; internal appeal; late appeal;



  • Judgment 4173


    128th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to assign her to another duty station.

    Consideration 12

    Extract:

    As stated in Judgment 3531, consideration 4, the Tribunal has “consistently held that international organisations have a duty to ensure that internal appeals are conducted with due diligence and with due regard to the duty of care owed to staff members (see, in particular, Judgment 2522)”. It is recognized that the time an appeal might reasonably take will usually depend on the specific circumstances of a given case. At the same time, as the Tribunal stated in Judgment 3688, consideration 6, citing Judgment 2904, consideration 15:
    “According to well-established case law, ‘[s]ince compliance with internal appeals procedures is a condition precedent to access to the Tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed’ (see Judgment 2197, under 33).”

    Reference(s)

    ILOAT Judgment(s): 2197, 2522, 2904, 3531, 3688

    Keywords:

    duty of care; internal appeal;



  • Judgment 4171


    128th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to dismiss her internal complaints of moral harassment.

    Consideration 5

    Extract:

    [T]he Tribunal will rely on the findings of the Appeals Board and, since no manifest error is apparent, will take for established the facts as the Board ascertained them. As the Tribunal has stated in its case law, an internal appeals body plays a fundamental role in the resolution of disputes, owing to the guarantees of objectivity derived from its composition, its extensive knowledge of the functioning of the organisation and the investigative powers granted to it. It gathers the evidence and testimonies that are necessary in order to establish the facts, as well as the data needed for an informed assessment thereof (see, for example, Judgments 2295, consideration 10, and 3424, consideration 11).

    Reference(s)

    ILOAT Judgment(s): 2295, 3424

    Keywords:

    internal appeal; internal appeals body; judicial review;



  • Judgment 4168


    128th Session, 2019
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the retroactive calculation of his salary after he was promoted.

    Consideration 2

    Extract:

    The Tribunal considers it regrettable that the complainant’s internal complaint was not examined. Firstly, since Article VII, paragraph 1, of the Statute of the Tribunal does not permit the filing of a complaint before the Tribunal unless the complainant has exhausted internal means of redress, officials are entitled to expect that the organisation which employs them will deal with their appeals without requiring them to file a complaint with the Tribunal in order to assert their claims. Secondly, as the Tribunal has often recalled, one of the main justifications for the mandatory nature of an internal appeal procedure is to enable the Tribunal, in the event that a complaint is ultimately filed, to have before it the findings of fact, items of information or assessment resulting from the deliberations of appeal bodies. Appeal bodies play a fundamental role in the resolution of disputes, owing to the guarantees of objectivity derived from their composition and their extensive knowledge of the functioning of the organisation (see Judgments 4072, under 1, and 3424, under 11(b)). In this case, it appears to the Tribunal that the input of an internal appeal body would have been particularly helpful given the highly technical nature of the case.

    Reference(s)

    ILOAT reference: Article VII, paragraph 1, of the Statute
    ILOAT Judgment(s): 3424, 4072

    Keywords:

    internal appeal;



  • Judgment 4158


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant submits that WIPO has not fully compensated her for the injury that she suffered as a result of being subjected to harassment.

    Consideration 10

    Extract:

    The Tribunal notes that there is no rule which obliges the Organization to defray legal costs incurred in the context of internal appeal proceedings (see Judgments 2996, consideration 23, and 221, consideration 7).

    Reference(s)

    ILOAT Judgment(s): 221, 2996

    Keywords:

    costs; internal appeal;



  • Judgment 4157


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of compensation awarded for the moral injury she suffered because her evaluation for 2013 was irregular and contests the partial modification thereof.

    Consideration 13

    Extract:

    As regards costs relating to the internal appeal, [...] the Tribunal notes that there is no rule which obliges the Organization to defray legal costs incurred in the context of internal appeal proceedings. In these circumstances, it was open to the Director General to refuse to reimburse them (see Judgments 2996, consideration 23, and 221, consideration 7).

    Reference(s)

    ILOAT Judgment(s): 221, 2996

    Keywords:

    costs; internal appeal;

    Consideration 14

    Extract:

    [T]he Tribunal considers that there are no grounds for awarding costs in respect of the internal appeal proceedings, since such costs may only be awarded under exceptional circumstances, which do not exist in the present case.

    Keywords:

    costs; internal appeal;



  • Judgment 4156


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of compensation awarded for the moral injury she suffered because her evaluation for 2012 was irregular.

    Consideration 8

    Extract:

    As regards costs relating to the internal appeal, [...] the Tribunal notes that there is no rule which obliges the Organization to defray legal costs incurred in the context of internal appeal proceedings. In these circumstances, it was open to the Director General to refuse to reimburse them (see Judgments 2996, consideration 23, and 221, consideration 7).

    Reference(s)

    ILOAT Judgment(s): 221, 2996

    Keywords:

    costs; internal appeal;

    Consideration 9

    Extract:

    [T]he Tribunal considers that there are no grounds for awarding costs in respect of the internal appeal proceedings, since such costs may only be awarded under exceptional circumstances, which do not exist in the present case.

    Keywords:

    costs; internal appeal;



  • Judgment 4141


    128th Session, 2019
    Technical Centre for Agricultural and Rural Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision of the CTA to reject his proposal to negotiate an agreed termination of his employment contract.

    Consideration 12

    Extract:

    [T]he complainant [...] contends [...] that the new administrative tribunal established at the CTA does not, for various reasons, provide the requisite guarantees of independence and impartiality. However, not only is the Tribunal, which is not competent to comment on the qualities and merits of another international tribunal, obviously not able to give credit to such criticisms, but the pleas invoked would not in any case be of such a nature as to allow it to disregard the aforementioned statutory provisions requiring recourse to the conciliation procedure before filing a complaint with the Tribunal. It should further be noted that this plea wrongly disregards the very purpose of this procedure, which is to enable the complainant to resolve the dispute with the CTA by an agreement. Lastly, the fact, also pointed out by the complainant, that the CTA’s new administrative tribunal was not established at the time the present complaint was filed has no bearing on its receivability.

    Keywords:

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



  • Judgment 4140


    128th Session, 2019
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to summarily dismiss her for serious misconduct during her probation period.

    Consideration 9

    Extract:

    As the Tribunal has often recalled, a staff member may not on her or his own initiative evade the obligation to exhaust internal means of redress prior to lodging a complaint with the Tribunal (see, for example, Judgments 2811, considerations 10 and 11, 3399, consideration 4, 3706, consideration 3, or 4056, consideration 5). A complainant cannot, in particular, claim to have respected this obligation simply because she or he has – as the complainant sought to do, in this case, by means of her letter of 3 December 2016 – sent an ultimatum to the decision-making authority to no avail (see Judgments 3302, consideration 4, or 3554, consideration 8).

    Reference(s)

    ILOAT Judgment(s): 2811, 3302, 3399, 3554, 3706, 4056

    Keywords:

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

    Consideration 6

    Extract:

    According to the Tribunal’s case law, an international organization is under an obligation, in view of its duty of care towards its staff, to assist them when they make mistakes in exercising their right of appeal. In particular, if a staff member has mistakenly addressed an appeal to the wrong body, that body is required to forward the appeal to the competent body (see, for example, Judgments 2345, consideration 1, 3423, consideration 9(b), 3754, consideration 11, or 3928, consideration 14).
    This case law [...] aims at preventing the procedural rules from wrongly becoming a trap for a staff member who misunderstands the procedure for exercising her or his right of appeal [...].

    Reference(s)

    ILOAT Judgment(s): 2345, 3423, 3754, 3928

    Keywords:

    duty of care; internal appeal;



  • Judgment 4139


    128th Session, 2019
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her fixed-term contract as a result of her post having been abolished.

    Consideration 6

    Extract:

    [T]he fact, also relied on by the defendant, that the Executive Director had dismissed the complainant’s appeal against the decision of the Head of the Human Resources Department – which he could only have done by disavowing the latter and putting the organization in a delicate position – did not imply that he would necessarily have taken the same initial decision that she had.

    Keywords:

    delegated authority; executive head; internal appeal;



  • Judgment 4103


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision not to grant him mission status during the first six months of his assignment to a field post.

    Consideration 1

    Extract:

    [A] complaint will not be receivable unless the impugned decision is a final decision and the complainant has exhausted all the internal means of redress. This means that a complaint will not be receivable if the underlying internal appeal was not filed within the applicable time limits. As the Tribunal has consistently stated, the strict adherence to time limits is essential to have finality and certainty in relation to the legal effect of decisions. When an applicable time limit to challenge a decision has passed, the organisation is entitled to proceed on the basis that the decision is fully and legally effective (see Judgment 3758, under 10 and 11, and the case law cited therein).

    Reference(s)

    ILOAT Judgment(s): 3758

    Keywords:

    failure to exhaust internal remedies; internal appeal; internal remedies exhausted; late appeal; receivability of the complaint; time limit;



  • Judgment 4101


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who alleges that he was subjected to moral harassment, challenges the refusal to extend his special leave without pay and to grant him certain accommodations with regard to his working arrangements.

    Consideration 3

    Extract:

    The Tribunal has consistently held that a complainant must not only have exhausted all internal remedies within his organization but also have duly complied with the rules governing the internal appeal procedure. Thus, if the internal appeal was irreceivable under those rules, the complaint filed with the Tribunal will also be irreceivable under Article VII, paragraph 1, of the Statute of the Tribunal (see Judgment 1244, consideration 1).

    Reference(s)

    ILOAT Judgment(s): 1244

    Keywords:

    failure to exhaust internal remedies; internal appeal; internal remedies exhausted; late appeal; receivability of the complaint; time bar;



  • Judgment 4063


    127th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his appointment on disciplinary grounds.

    Consideration 5

    Extract:

    [W]hile the Appeals Board did express an opinion on the complainant’s pleas concerning [...], it did not, however, mention the many other pleas of a procedural nature raised by the complainant. [...] Thus, the Appeals Board did not examine all of the complainant’s pleas. In addition, the Director-General did not address those pleas in her decision of 2 August 2016 either. Accordingly, the right of the complainant to an effective internal appeal was denied. The decision impugned is thus unlawful, which justifies it being set aside.

    Keywords:

    impugned decision; internal appeal; internal appeals body;



  • Judgment 4040


    126th Session, 2018
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of her request for the reclassification of her post.

    Consideration 12

    Extract:

    The word “appeal” can comprehend a range of diverse procedures. In some contexts it will be a reference to a complete reconsideration of the subject matter of the appeal without regard to the views of the body from which the appeal is brought. In such a case, the appeal body makes a decision or assessment afresh. In other contexts it might involve an assessment of whether an error was made by the body from whom the appeal is brought and in the absence of error, the appeal will be unsuccessful. If error is identified, the role of the appeal body may be to make the decision or assessment itself or it may be to remit the matter to the body from whom the appeal was brought. Ultimately, what is comprehended by the word “appeal” must be determined by reference to the context in the normative legal document in which the appeal process is established.

    Keywords:

    internal appeal;



  • Judgment 4037


    126th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the non-renewal of her temporary appointment.

    Consideration 15

    Extract:

    The Tribunal recalls that, according to its case law, officials are entitled to expect that their case will be dealt with by the internal appeal body within a reasonable time (see, for example, Judgment 3336, under 6). In this case, the Tribunal considers that while the complainant was partly responsible for the delay of which she complains insofar as she had requested and obtained a two-month extension of the time limit for submitting her rejoinder, the internal proceedings lasted an excessively long time having regard to the nature of the case. Their length caused the complainant moral injury, entitling her to damages [...].

    Keywords:

    internal appeal; moral injury; reasonable time;

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Last updated: 23.10.2020 ^ top