Internal remedies exhausted (88, 89, 656, 743,-666)
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Keywords: Internal remedies exhausted
Total judgments found: 307
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Judgment 654
55th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant submitted a 'complaint' to the Director-General long after expiration of the time limit set by the applicable provisions. "He cannot therefore be deemed to have exhausted the internal means of redress provided in the Staff Regulations, and his present complaint is irreceivable."
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;
Judgment 649
55th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant invites the Tribunal to order the immediate execution of the judgment in question. The organisation pleads that the claim is irreceivable on the grounds that the complainant has failed to exhaust the internal means of redress. "This plea is unsound. Failure to execute a judgment does not constitute breach of the Staff Regulations or of the contract of employment or unjustifiable or unfair treatment and therefore cannot come under [the Staff Regulations]. What the complainant is asking for is neither more nor less than execution of a decision by the Tribunal on a matter within its competence, and the Tribunal may determine whether due effect has been given to that decision."
Keywords:
application for execution; claim; competence of tribunal; execution of judgment; internal remedies exhausted; judgment of the tribunal; receivability of the complaint;
Judgment 634
54th Session, 1984
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The internal appeal lodged by the complainant was time-barred. Thus, "he has failed to comply with the provisions of Article VII of the Statute of the Administrative Tribunal, which require that he shall have exhausted such other means of resisting the impugned decision as were open to him under the applicable Staff Regulations."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;
Judgment 626
54th Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Decisions which may be challenged before the Tribunal do not have to be individual in nature. That they may also be general is plain from Article VII, paragraph 2, of the Statute of the Tribunal [...] but a complaint against a general decision will not perforce on that account be receivable. There is also the rule in Article VII(1) of the Statute that the internal means of redress must have been exhausted."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
competence of tribunal; condition; general decision; iloat statute; individual decision; internal remedies exhausted; receivability of the complaint;
Judgment 625
54th Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Vide Judgment 626, consideration 2.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
ILOAT Judgment(s): 626
Keywords:
competence of tribunal; condition; general decision; iloat statute; individual decision; internal remedies exhausted; receivability of the complaint;
Judgment 624
54th Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 626, consideration 2.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
competence of tribunal; condition; general decision; iloat statute; individual decision; internal remedies exhausted; receivability of the complaint;
Judgment 614
53rd Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Minute in question cannot be treated as an actual appeal. "It is not described as such and it makes no specific claim."
Reference(s)
ILOAT Judgment(s): 564, 565
Keywords:
formal requirements; internal appeal; internal remedies exhausted;
Judgment 612
53rd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's submission of an internal appeal was time-barred; for not having correctly followed the internal procedure, her complaint is irreceivable. The discovery of an allegedly unlawful decision does not affect the time limit for internal appeal. The only exception is where the organisation has misled the complainant in breach of good faith.
Keywords:
consequence; decision; exception; flaw; good faith; internal appeal; internal remedies exhausted; new time limit; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 607
52nd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"To determine whether the internal means of redress were exhausted the Tribunal must consider whether the time limits set in the Statutes of the Appeals Board were observed. [...] Proper administration requires the setting of time limits. But they are not supposed to be a trap or a means of catching out a staff member who acts in good faith."
Keywords:
internal remedies exhausted; purpose; time limit;
Judgment 603
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Article VII(1) says that a complaint shall not be receivable unless the means of redress provided under the Staff Regulations have been exhausted. It is not enough just to make an internal appeal; it must be submitted in time. And there the complainant failed [...] to abide by the [...] time-limit. Since she did not follow the internal procedure correctly her complaint is irreceivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint; time bar;
Judgment 602
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 603, consideration 3.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
ILOAT Judgment(s): 603
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;
Judgment 601
52nd Session, 1984
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant was employed by the organization for eight years in a project. His appointment was due to expire on 31 July 1981. On 4 June the organization confirmed his termination. The position was not filled again. About a year later, the complainant consulted a lawyer with the result that on 9 June 1982 he filed a claim for an indemnity due to the fact that his position was abolished. A claim of this form cannot possibly succeed.
Keywords:
internal remedies exhausted; receivability of the complaint; time bar;
Judgment 588
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Because the rule that the internal means of redress must be exhausted, the complainant incurs the risk of a time bar if no definite time limits are set for filing the internal appeal. But where a complainant, in strict observance of the time limits, has done his utmost to secure a decision and the appeals body has nevertheless failed to report, it is only just to allow an exception to the rule."
Keywords:
exception; failure to answer claim; 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 576
51st Session, 1983
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
When the complainant received the personal report, he did not add his own comments. He by-passed the largely informal discussion stage by prematurely filing a notice of appeal. "He thereby interrupted the procedure for preparation of the final text, and only that text constitutes a decision. [He] did no more than challenge a preliminary act, and his present claim to have it set aside is irreceivable."
Keywords:
absence of final decision; internal appeal; internal remedies exhausted; performance report; procedure before the tribunal; rebuttal;
Judgment 575
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"According to Article VII[1] of the Statute of the Tribunal a complaint will not be receivable unless the means of redress provided by the Staff Regulations have been exhausted. To fulfil this condition it is not sufficient to address an appeal to the internal appeal bodies; the internal appeal must be submitted in time." In this case, the prescribed time limit was not respected. "Accordingly, the internal appeals procedure was not correctly followed, and the [...] complaint is irreceivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;
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 550
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"By [exhausting such other means of resisting a final decision as are open] is meant making use of all the possibilities of legal redress available to the official within the organisation, whatever the competent authority may be."
Keywords:
definition; internal remedies exhausted;
Consideration 3
Extract:
"On 7 May 1981 the chief of personnel gave a final decision on the claims[*] submitted by that date, but not on any which might be submitted later. The complainant did later make further claims but did not seek a final decision on them."
[*] concerning reimbursement of medical expenses
Keywords:
date; health insurance; internal remedies exhausted; medical expenses; receivability of the complaint; request by a party;
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;
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