Delay (111,-666)
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Keywords: Delay
Total judgments found: 155
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Judgment 1233
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant objects to UNESCO's holding up her dismissal indemnity and to the slowness of the compensation procedure, for which she claims damages. "The evidence does reveal unfortunate delay and remarkable dilatoriness in settling the case. But the organization may not be held liable for any particular negligence warranting an award of special damages under this head. The delay in sorting out the various issues of the case was due to a combination of several factors: procedural complications, the changing nature of the complainant's health, her living far from headquarters, and the need - for her own sake too - for many medical inquiries."
Keywords:
administrative delay; allowance; delay; lack of injury; misconduct; refusal; request by a party; terminal entitlements;
Judgment 1232
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant was sentenced to imprisonment in his country of origin. After his release, however, he was not allowed to go abroad. after being entitled to do so, he sent a letter to the Director-General regarding the organization's acceptance of his application for early retirement, which he had worded under duress, when he was still compelled to remain in his country. Receiving no answer and about one year after leaving the country, he challenged the rejection he inferred from the Director-General's silence. The complainant went to the Appeals Board, but the Director-General rejected its recommendation on the grounds that the appeal was irreceivable, being out of time. The Tribunal considers that "the delay was understandable in the unusual circumstances of [the] case [...] the conclusion is that he was not out of time."
Keywords:
delay; exception; internal appeal; internal appeals body; receivability of the complaint; time bar;
Judgment 1181
73rd Session, 1992
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complaint raises a question of receivability. Under Article 43 (1) of the Staff Regulations an internal appeal must be lodged within thirty days of the date on which a decision was notified. The complainant pleads that he made a material mistake by reading the thirty days as one calendar month. "Time limits for internal appeals must be strictly complied with. The complainant failed to abide by the Staff Regulations, and the mistake he supposedly made is irrelevant because the organization did not seek to mislead him. Since he has not exhausted the internal means of redress, his complaint is irreceivable under Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: ARTICLE 43 OF THE INTERPOL STAFF REGULATIONS
Keywords:
date of notification; delay; iloat statute; internal appeal; internal remedies exhausted; mandatory time limit; receivability of the complaint; staff regulations and rules; start of time limit; time bar; time limit;
Judgment 1141
72nd Session, 1992
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 20-21
Extract:
The complainant failed to file a rejoinder in the time limit set by the Registry but applied for an extension of the time limit on the grounds of communication difficulties. "The Tribunal cannot allow that application, which reached it when it was already in session. There is no detriment to the complainant's rights on that account since the pleadings the Tribunal has before it afford an adequate account of the material facts and the parties' arguments."
Keywords:
closure of written proceedings; delay; lack of injury; rejoinder; time limit;
Judgment 476
47th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's "grievance, though justified, is without effect. The Tribunal cannot but deplore any undue protraction of the appeal proceedings, which is to the prejudice of the organization as well as of the complainant. But it cannot criticise the actual transfer without due regard to the lawfulness of the decision. Besides, the complainant's plea carries the less weight in that he himself was partly to blame for the delay."
Keywords:
administrative delay; cause; complainant; delay; transfer;
Judgment 463
46th Session, 1981
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
The complainant did not submit a copy of his marriage certificate until one month after he was terminated. But the organization was aware of the fact that the complainant had a wife and child. The only material fact is that he is married, whatever the date on which he produced the required evidence. The application of a provision on family benefit is not relevant: the two matters are basically distinct. In the present case, the amount due should be calculated according to the rate provided for officials with dependants.
Keywords:
allowance; delay; dependant; disclosure of evidence; marital status; rate; terminal entitlements;
Judgment 295
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The [organisation] was willing to sign the contract with the complainant as early as 1 October [...] the postponement to 21 October was due entirely to the attitude of the complainant, who of his own accord and for personal reasons delayed coming to [headquarters] [...] the [organisation], which did its utmost to have the complainant's contract ready by 1 October, was not to blame for any delay and was not at fault. The complainant alone was responsible for postponement of the signing of his contract to 21 October and on no grounds whatever can he properly claim any compensation in respect of the period prior to his appointment."
Keywords:
complainant; contract; date; delay; material damages; negligence; organisation;
Judgment 275
36th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Tribunal notes that the decisions of the Director-General were not promotions but reclassifications following the entry into force of the new Staff Regulations. These reclassifications "having been delayed for reasons for which the staff members are not responsible should be put into effect at the date on which the complainants took up their duties but, like the Staff Regulations themselves, not before 1 January 1971".
Keywords:
amendment to the rules; date; decision; delay; effective date; enforcement; post classification; provision; staff regulations and rules;
Judgment 211
30th Session, 1973
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The complainant has failed to deliver a rejoinder within the time-limit allowed. The Tribunal will therefore consider the case on the dossier as it is."
Keywords:
closure of written proceedings; delay; rejoinder; time limit;
Judgment 160
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant had been on leave and then fell sick. He should have informed the registrar or have taken steps to ensure that the communication containing the memorandum in reply to his complaint was forwarded to him. "Consequently it was his own fault that he did not receive the communication [...] and did not reply within the time limit. There is therefore no reason to grant him a further time limit for his reply. Moreover, this could have been done only if it had been requested before the expiry of the original time limit. [...] The complainant's application was tardy." Since the dossier contains several memoranda by the complainant, the Tribunal can take its decision in full knowledge of the facts.
Keywords:
closure of written proceedings; complainant; delay; health reasons; negligence; new time limit; rejoinder; submissions;
Judgment .19
Sessions of the Administrative Tribunal of the League of Nations, 1946
League of Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
delay; equity; exception; receivability of the complaint; reinstatement;
Judgment .18
Sessions of the Administrative Tribunal of the League of Nations, 1946
League of Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
delay; receivability of the complaint; terminal entitlements;
Judgment .16
Sessions of the Administrative Tribunal of the League of Nations, 1946
League of Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
delay; exception; receivability of the complaint;
Judgment .13
Sessions of the Administrative Tribunal of the League of Nations, 1946
League of Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
amendment to the rules; delay; interpretation; promise; receivability of the complaint;
Judgment .12
Sessions of the Administrative Tribunal of the League of Nations, 1946
League of Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
delay; receivability of the complaint;
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