Time bar (117,-666)
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Keywords: Time bar
Total judgments found: 219
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Judgment 955
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant's "argument that he was late in discovering that the decision had been unlawful is irrelevant: a time limit is a matter of objective fact and starts when the decision is notified. if that were not so - whatever considerations of equity there might be - there could be no certainty in legal relations between the parties, and such certainty is the whole point and purpose of time limits. An exception might be allowed only if the organisation had acted in bad faith and misled the official."
Keywords:
consequence; decision; exception; flaw; good faith; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
Consideration 4
Extract:
"Article VII[1] of the Tribunal's Statute provides that a complaint will not be receivable unless the official has exhausted the internal means of redress. to satisfy that requirement it is not enough for the official to submit an internal appeal: he must submit it in time."
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 949
65th Session, 1988
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant retired in December 1985. He is seeking inter alia recognition of his actual duties from the date of appointment in August 1970, reinstatement at grade P.2 as from 31 August 1970, and revision of his retirement pension. "The complaint is clearly irreceivable both because the complainant is not impugning any decision and because any time limit for appealing against the injury he alleges expired many years ago."
Keywords:
cause of action; complaint; no cause of action; receivability of the complaint; retirement; summary procedure; time bar; time limit;
Judgment 941
65th Session, 1988
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
The organisation maintains that the complaint was time-barred as it was not filed within ninety days of the implied decision to reject it arising out of the administration's silence. The Tribunal holds that "the organisation may not plead its own failure to act. The complainant had good reason to infer [and had done his utmost to ensure] that his claim was still under review."
Keywords:
complaint; failure to answer claim; good faith; implied decision; internal appeal; negligence; organisation; receivability of the complaint; time bar; time limit;
Judgment 918
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Provided a communication takes the form of a decision, its lawfulness is immaterial to the reckoning of the time limit: to hold otherwise would impair the stability of the parties' position in law, which is the purpose of the time limit."
Keywords:
consequence; decision; flaw; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 903
64th Session, 1988
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Since the complainant was informed of the decision more than ninety days before filing, his complaint was not lodged within the time limit in Article VII(2) of the Statute and is not receivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE
Keywords:
abolition of post; complaint; date of notification; decision; receivability of the complaint; termination of employment; time bar;
Judgment 894
64th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant's appointment ended in 1976. The complainant lodged an internal appeal in 1984. The complaint is irreceivable.
Keywords:
complaint; internal appeal; receivability of the complaint; separation from service; time bar;
Judgment 882
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"Since the complainant failed to file his internal appeal in time his complaint is irreceivable. According to Article VII of the Statute a complaint is receivable only if the internal means of redress have been exhausted."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;
Judgment 775
60th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"If an internal appeal was time-barred and the internal appeals body was wrong to hear it, the Tribunal will not entertain a complaint challenging the decision taken on a recommendation by that body."
Keywords:
advisory opinion; complaint; decision; internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint; recommendation; time bar; time limit; tribunal;
Judgment 752
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Though [the complainant] did rely on facts of which he had been unaware at the outset, there was no new time limit on that account, the time limit in the Service Regulations being objectively determined and unqualified. Any other conclusion, even if founded on considerations of equity, would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of a time limit. The only exception is where the organisation has misled the complainant or concealed some paper from him so as to do him harm, in breach of the good faith which should govern administration. But the condition is not fulfilled here."
Keywords:
exception; general principle; good faith; internal appeal; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; time bar; time limit;
Judgment 730
58th Session, 1986
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"In the present case the Tribunal, having found that in all the circumstances the complainant exercised due diligence in the pursuit of his remedies and consequently that his failure to file a complaint within the prescribed period was caused solely by the organization's breach of obligation to render the necessary assistance, concludes that the delay does not render the complaint irreceivable."
Keywords:
administrative delay; complaint; exception; negligence; organisation; organisation's duties; procedure before the tribunal; receivability of the complaint; time bar;
Judgment 727
58th Session, 1986
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant is mistaken in his contention that the filing of a suit with the municipal courts can have any effect on the receivability of a complaint lodged with the Tribunal. Suing Eurocontrol before the Sittard court did not have the effect of suspending the time limit for filing this complaint."
Keywords:
complaint; effect; inquiry; investigation; municipal court; new time limit; receivability of the complaint; time bar; time limit;
Judgment 723
58th Session, 1986
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The Tribunal applies the general rule on the burden of proof which requires the sender to establish the date on which a communication was received. as the organization has no evidence of the actual date of receipt of the decision, the Tribunal will accept what is said by the complainant. The complaint is therefore not time-barred.
Keywords:
burden of proof; complaint; date of notification; decision; evidence; lack of evidence; receivability of the complaint; time bar;
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 685
57th Session, 1985
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant objects to the detriment to himself and his family caused by his assignment to Nepal. So the decision he impugns is the one informing him of his transfer, of which he got notice in March 1981. Since he waited until March 1983 to put his case to the Appeal Board the complaint is irreceivable.
Keywords:
consequence; internal appeal; receivability of the complaint; start of time limit; time bar; time limit; transfer;
Judgment 671
56th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was the second signatory of bank checks for amounts in excess of actual expenditure. Criminal proceedings were introduced against the first signatory. A sum representing part of the compensation payable to the complainant was distraint. The complainant seeks payment of that amount. The Tribunal observes that appeal against the decision was not lodged within the time limit and that the decision can no longer be challenged. However, because the decision is a "measure of distraint", it remains open to the complainant to request a review on the basis of a change of the position in law or in fact.
Keywords:
deduction; measure of distraint; receivability of the complaint; time bar;
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 657
55th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
None of the complainants "objected to the decision on his starting grade and step, let alone duly filed an internal appeal [...] The decisions appointing them to [the grade in question] are beyond challenge and any claim which entails review of their grade and step on appointment is time-barred and irreceivable."
Keywords:
individual decision; internal remedies exhausted; receivability of the complaint; time bar;
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 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;
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