New time limit (114,-666)
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Keywords: New time limit
Total judgments found: 41
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Judgment 698
57th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"It is immaterial that there was correspondence after the decision of 24 May. insofar as that correspondence related to the issues decided on 24 May it merely confirmed the decision and set off no new time limit for lodging an internal appeal."
Keywords:
complaint; confirmatory decision; internal appeal; internal remedies exhausted; new time limit; receivability of the complaint; time bar; time limit;
Judgment 676
56th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
A staff member may ask the administration for review of a decision either when some new and unforeseeable fact of decisive importance has occurred since the decision was taken or where the staff member is relying on facts or evidence of which he was not and could not have been aware before the decision was taken. If either condition is fulfilled the administration is under a duty to review, and the new decision will set a new time limit.
Keywords:
case reopened; complainant; condition; internal appeal; internal appeals body; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; request by a party; start of time limit; time limit;
Judgment 660
56th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The material decision would have had the effect of setting a new time limit for filing a complaint only if it had altered the previous decision or at least provided further justification for it. Since it amounted to mere confirmation, it does not affect the irreceivability of the complaint as held by the Tribunal.
Keywords:
confirmatory decision; decision; new time limit; receivability of the complaint; time bar; time limit;
Judgment 659
56th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 660, consideration 3.
Reference(s)
ILOAT Judgment(s): 660
Keywords:
confirmatory decision; decision; new time limit; 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 7
Extract:
In this case, "the Board's further comments and the Director-General's further approval did not alter a whit the previous comments and decision. Being mere confirmation, they set off no new time limit for filing a complaint. The complaint is irreceivable because" the time limit for filing it had expired.
Keywords:
confirmatory decision; internal appeal; new time limit; receivability of the complaint; time bar; time limit;
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 586
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-4
Extract:
"The question is [...] whether the claim which was rejected [...] had not only the same purpose - reinstatement - but also the same legal basis as the one rejected by the impugned decision". The examination "leaves no doubt that the impugned decision, though not in the same terms [...] had the same meaning and purport: it merely confirmed" the organisation's view. "It is therefore plain that the impugned decision was no more than confirmation and gave rise to no new time limit."
Keywords:
complaint; confirmatory decision; new time limit; receivability of the complaint; time bar;
Judgment 548
50th Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The time limit for submitting an internal appeal had long since expired when the complainant appealed to the Appeals Board. "The acceptance of his resignation had by then become final and was no longer open to challenge. His involvement in a serious accident [...] did not have the effect of suspending the time limit. The Director therefore correctly applied the rules in dismissing the appeal which the complainant addressed to him against the decision [to reject the internal appeal as being time-barred and therefore irreceivable]."
Keywords:
exception; internal appeal; new time limit; professional accident; receivability of the complaint; time bar; time limit;
Judgment 430
45th Session, 1980
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
The complaint was time-barred and thus irreceivable. The complainant's letter requesting an explanation for the non-confirmation of his appointment cannot be regarded as an application for further consideration on which the organisation should have acted. Consequently, the letter did not have the effect of setting a new time limit for filing a complaint with the Tribunal.
Keywords:
complaint; new time limit; receivability of the complaint; time bar; time limit;
Judgment 413
44th Session, 1980
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
On 29 November 1978 the Director-General informed the complainant of his intention to renew his contract for one year, but that it could not be renewed for any longer. On 28 February 1979 the complainant asked on what grounds he had been dismissed. On 15 March the Director-General, in drawing a distinction between the expiry of a fixed-term contract and dismissal, declined to give the explanation asked for. "Thus [he] merely upheld the decision taken on 29 November [...] and so set no new time limit for filing a complaint." The complaint, dated 20 May 1979, is time-barred.
Keywords:
complaint; confirmatory decision; new time limit; receivability of the complaint; time bar; time limit;
Judgment 364
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Time runs from the latest effective decision. If it has run out from that decision, it does not begin to run again from a later decision which does no more than affirm the earlier one."
Keywords:
confirmatory decision; date of notification; decision; new time limit; start of time limit; time limit;
Judgment 305
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[T]hat further decision was a refusal to reconsider [the earlier decision] and is therefore a mere confirmation: it cannot give rise to a new ninety-day period when the first was allowed to lapse."
Keywords:
complaint; confirmatory decision; new time limit; receivability of the complaint; time bar;
Judgment 298
38th Session, 1977
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[E]ven if recourse to a national court, which does not have jurisdiction, might be regarded as postponing the time limit for appeal to the Tribunal, which does have jurisdiction, such an appeal may properly be lodged in accordance with the Tribunal's Statute only within ninety days after notification of the national court's decision that it is not competent [...]." [In the instant case that time limit was not observed.]
Keywords:
complaint; municipal court; new time limit; start of time limit; time bar;
Judgment 270
36th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"In view of the explanations which it contains, and in particular the reference to a circular subsequent to the notification [contested by complainant], the reply [by the organisation] is not a mere confirmation of that notification. In fact it is a new decision which gave rise to a new time limit for appeal."
Keywords:
confirmatory decision; internal appeal; internal remedies exhausted; new time limit; receivability of the complaint; time limit;
Judgment 259
35th Session, 1975
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The decision in question, which merely upheld an earlier decision, could "not give rise to new time limits for the lodging of an appeal by the complainant."
Keywords:
confirmatory decision; decision; internal appeal; new time limit; receivability of the complaint; time bar; time limit;
Judgment 200
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant made no appeal within the time limit against the decision to confirm his transfer. "That decision has thus become final." He did impugn another decision in time which had no connection with the first decision, but that will not extend the period within which an appeal may be lodged against the first decision.
Keywords:
internal remedies exhausted; new time limit; receivability of the complaint; time bar; time limit;
Judgment 180
27th Session, 1971
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The prescribed time limit must be held to have been observed if a complaint [...] has been filed with [the Tribunal] late, but was sent within the period of 90 days to the Administrative Tribunal of the United Nations. This interpretation is justified because of the links between the international organisations, and in particular by the fact that some staff members" fall within the jurisdiction of the latter Tribunal in matters concerning their pension rights.
Keywords:
complaint; exception; iloat; new time limit; receivability of the complaint; remand; time bar; unat;
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 59
10th Session, 1962
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is not within the competence of the Tribunal to enlarge the period of 90 days which Article VII, paragraph 2, of the Statute of the Tribunal lays down as the period within which a decision complained of can be appealed and the [complaint] must be dismissed as time-barred and irreceivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE
Keywords:
competence of tribunal; complaint; mandatory time limit; new time limit; receivability of the complaint; time bar; time limit;
Judgment 40
8th Session, 1960
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The Tribunal is bound by the time limit of 90 days laid down for the lodging of complaints in Article VII, paragraph 2, of the Statute of the Tribunal. "Article 18 of the Rules of court authorises the Tribunal to extend only those time limits provided in the Rules and not those provided in the Statute."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE;
ARTICLE 18 OF THE RULES
Keywords:
complaint; enforcement; exception; iloat statute; new time limit; receivability of the complaint; time bar; time limit;
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