Complaint (3, 4, 18, 19, 647, 20, 92, 675, 24, 26, 29, 31, 32, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 669, 680, 45, 46, 47, 48, 49, 50, 51, 108, 110, 111, 112, 113, 114, 115, 116, 433, 771, 772, 773, 774, 775, 776, 777, 778, 781, 109, 738, 769, 118, 662, 737, 739, 768, 770, 838, 877,-666)
You searched for:
Keywords: Complaint
Total judgments found: 302
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Judgment 1056
70th Session, 1991
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainant is not challenging any administrative decision. Nor has he submitted any text that may be treated as a claim that has by implication been rejected. His complaint is therefore irreceivable."
Keywords:
cause of action; complaint; no cause of action; receivability of the complaint;
Judgment 1052
69th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant got word of the decision not to renew his contract before receiving formal notification. "The only date that matters for the purpose of reckoning the time limit in [Article] VII(2) [of the Tribunal's Statute] is the date of formal notification of the final decision in writing."
Reference(s)
ILOAT reference: ARTICLE VII(2) OF THE STATUTE
Keywords:
complaint; date of notification; decision; formal requirements; receivability of the complaint; start of time limit; time limit;
Judgment 1019
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Though a complainant may not submit to the Tribunal any claim which he did not make in the internal proceedings a new plea is another matter."
Keywords:
complaint; internal appeal; new plea; receivability of the complaint;
Judgment 1005
68th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant claimed the benefit of a decision delivered on 12 December 1986 (Judgment 792). She got notice of the organisation's final decision to refuse her claim in a letter dated 26 February 1988. But she failed to challenge that decision within the ninety-day limit laid down in Article VII(2) of the Statute. So her complaint is time-barred.
Reference(s)
ILOAT reference: ARTICLE VII(2) OF THE STATUTE
Keywords:
complaint; enforcement; judgment of the tribunal; receivability of the complaint; request by a party; time bar; time limit;
Judgment 990
68th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The General Assembly of the United Nations brought in a new, lower scale of pensionable remuneration as from 1 January 1985. That scale, provided for in Article 3.1.1 of the ILO Staff Regulations, did not come into force for officials serving in the organization until 1 April 1985. The complainant's pension was nonetheless reckoned according to the new scale between 1 January and 31 March 1985. She challenges the Director-General's implied rejection of her internal complaint seeking to have her pension reckoned according to the old scale up to 31 March 1985 or, failing that, compensation. The Organization submits that the measure had come to her attention through various channels and that the complaint was out of time. The Tribunal holds that the Staff Regulations contained an explicit provision which set out the staff's rights. The staff were not told of any valid ilo decision not to abide by the Staff Regulations. The Organization's contention that the complaint is irreceivable is mistaken.
Reference(s)
Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS
Keywords:
amendment to the rules; complaint; difference; effective date; fund regulations; pension; pensionable remuneration; provision; receivability of the complaint; reduction of salary; scale; staff regulations and rules;
Judgment 970
66th Session, 1989
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The complainant [...] contends that each alleged short-payment of salary constitutes in itself a separate breach by the Union of its obligations towards him. But since he has not sought review by the Secretary-General of any of the alleged short-payments, his complaint is again irreceivable".
Keywords:
complaint; continuing breach; decision; internal remedies exhausted; payment; receivability of the complaint; salary;
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 944
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The internal appeal was signed by Mr. [E.] whereas the complaint is signed by Mr. [E.]'s wife. "There being no need for a ruling of general purport on the issue, the Tribunal holds that in the circumstances of the case the complaint may be deemed receivable. [...] The complainant's husband, [...] like her, is an official of the EPO; they concur on the material issue and the purpose of the suit relates to a matter of social security for spouses".
Keywords:
complainant; complaint; difference; exception; family relationship; internal appeal; locus standi; marital status; receivability of the complaint;
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 939
65th Session, 1988
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 31
Extract:
The complainant "is free to submit to [the Tribunal] a new plea in support of [claims which remain constant]. What he may not do is address to the Tribunal claims he has not already put to the ILO."
Keywords:
complaint; condition; internal appeal; new plea; receivability of the complaint;
Judgment 917
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainant has failed, however, to identify any decision of the organization's which in her submission constitutes breach of the terms of her appointment or of the FAO Regulations or Rules and which causes her injury. The Tribunal will therefore not entertain her claims under that head."
Keywords:
cause of action; claim; complaint; lack of injury;
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 902
64th Session, 1988
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 25
Extract:
The Permanent Commission of the Organisation took a decision bringing in a 5 per cent differential between pensions in Eurocontrol and pensions in the European Community. "Since the Commission is not the appointing authority its decisions are not subject to appeal".
Keywords:
competence of tribunal; complaint; condition; decision; decision-maker; legislative body; pension; pension entitlements; receivability of the complaint; reduction of salary;
Consideration 24
Extract:
"The only kind of decision against which appeal will lie to the Tribunal [is] one taken by the appointing authority, and whether it is individual or general, express or implied, does not matter."
Keywords:
complaint; condition; decision; express decision; general decision; implied decision; individual decision; receivability of the complaint;
Judgment 899
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"The claim [...] did not form part of the internal appeals - because the change came later - and may not be put forward for the first time in complaints to the Tribunal. It fails because it is irreceivable."
Keywords:
complaint; internal remedies exhausted; new claim; receivability of the complaint;
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 887
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 8-9
Extract:
Certainty of the position in law requires the complainant to state clearly what it is he wants. The Tribunal observes that in both his internal appeal and the present complaint, the complainant has failed to indicate the specific documents or type of document he wished to have included in his personal file. Nor has he made clear the reasons for his action. In the present state of the dossier, his complaint is an abuse of the right of appeal under the Statute of the Tribunal.
Keywords:
cause of action; complaint; elements; no cause of action; personal file; receivability of the complaint; vague claim; vexatious complaint;
Considerations 7-8
Extract:
"Appeal will lie either against an express decision, described as an 'act adversely affecting' the official, or against rejection inferred from failure to answer a claim. In the latter case, where the decision is implied, the prerequisite is the lodging by the official of a formal appeal with the administration."
Keywords:
complaint; condition; decision; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 871
63rd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The submissions in the complaint and in the organization's reply being properly before it, the Tribunal will not forbear to rule for want of a rejoinder the complainant has failed to file even after two extensions of the time limit."
Reference(s)
ILOAT Judgment(s): 723
Keywords:
closure of written proceedings; complainant; complaint; negligence; organisation; rejoinder; reply; submissions;
Judgment 862
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complaints are joined because each makes the same pleas and claims and rests on the same facts."
Keywords:
complaint; condition; identical claims; joinder;
Judgment 846
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant's claim to damages amounting to [...] is irreceivable. He could have made it in his internal appeal but failed to do so. Before coming to the Tribunal, he should have exhausted all the internal means of redress."
Keywords:
complaint; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 818
62nd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The EPO contends that the complaint is irreceivable on the grounds that the claims for redress are not the same as those that made up the internal appeal. The Tribunal rejects the plea. As the EPO acknowledges, the claims that are before the Tribunal are covered by the ones that were before the Appeals Committee."
Keywords:
complaint; new claim; receivability of the complaint;
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