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 305

  
  38th Session, 1977
  International Patent Institute
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "Since no appeal lay to the Appeals Committee, the internal authority which took the decision was the last instance."

  Keywords:

  complaint; decision; decision-maker; internal appeal; internal remedies exhausted; receivability of the complaint;
  

  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;
  

  Consideration 1

  Extract:

  "According to Article VII of the Statute of the Tribunal a complaint shall not be receivable unless the internal means of redress have been exhausted and the complaint was filed within ninety days after the notification of the impugned decision. Hence only a final decision may prompt a complaint and the period of ninety days runs from the date of notification."

  Reference(s)

  ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
  
  

  Keywords:

  complaint; date of notification; decision; internal appeal; internal remedies exhausted; receivability of the complaint; start of time limit; time limit;
  

  
  
  

• 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 296

  
  38th Session, 1977
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 4-5

  Extract:

  The complainant, after supplying details of his loss and damage, received an indemnity. The amount being small, he requested "if it was possible to re-examine the case. No reply was made to this letter and [...] the complainant [then] filed his complaint with the Tribunal. He did not lodge a complaint with the Director-General and he does not state any decision by the Director-General from which he is appealing. [...] The complaint is therefore time-barred and as such irreceivable."

  Keywords:

  absence of final decision; complaint; internal remedies exhausted; receivability of the complaint;
  

  
  
  

• Judgment 291

  
  38th Session, 1977
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "The complaint [as submitted] is not [...] in due and proper form and does not contain all the information desired. While the Tribunal does not hold the complaint irreceivable, it can consider only the pleas made by the complainant in the memoranda before it."

  Keywords:

  complaint; consequence; formal requirements; judicial review; limits; receivability of the complaint;
  

  
  
  

• Judgment 279

  
  37th Session, 1976
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  According to paragraph 3 of Article VII of the Statute of the Tribunal, "where the complainant alleges failure to take a decision, or an implied decision to dismiss his appeal, the period of ninety days shall run from the expiration of the sixty days allowed for the taking of the decision by the administration."

  Reference(s)

  ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
  
  

  Keywords:

  complaint; failure to answer claim; implied decision; receivability of the complaint; start of time limit; time limit;
  

  
  
  

• Judgment 277

  
  37th Session, 1976
  International Patent Institute
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  The organisation maintains that the internal appeal was time-barred and therefore irreceivable. "According to Article VII, paragraph 1, of its Statute [the Tribunal] is required to consider merely whether the internal means of redress have been exhausted - in this case whether the Director-General's" original decision led to a recommendation by the Appeals Committee. That condition is undoubtedly fulfilled, and the complaint is therefore receivable."

  Reference(s)

  ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
  
  

  Keywords:

  complaint; decision; internal appeal; internal appeals body; internal remedies exhausted; judicial review; receivability of the complaint; recommendation; time bar;
  

  
  
  

• Judgment 272

  
  36th Session, 1976
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  The request which the complainant addressed to the organization was never either accepted or rejected. She then filed a complaint with the Tribunal and "based it on the silence of the organization and on Article VII, paragraph 3, of the Tribunal's Statute. The organization does not dispute that the complaint falls within Article VII and accordingly, so far as that article is concerned, the complaint is receivable."

  Reference(s)

  ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
  
  

  Keywords:

  complaint; direct appeal to tribunal; failure to answer claim; implied decision; receivability of the complaint;
  

  
  
  

• Judgment 270

  
  36th Session, 1976
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "According to Article VII, paragraph 1, of the Statute of the Tribunal a complaint is receivable only if the complainant has exhausted all means of redress available to him under the staff regulations, i.e. the internal means of redress. Hence [...] staff members [of the defendant organisation] may lodge a complaint with the Tribunal only if within a period of three months they have submitted an appeal to the [competent] authority [...] as provided for [in the regulations]. Moreover, the complainant's claims for relief are receivable only if they fall within the scope of that appeal."

  Reference(s)

  ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
  
  

  Keywords:

  claim; complaint; condition; internal appeal; internal remedies exhausted; receivability of the complaint;
  

  
  
  

• Judgment 269

  
  36th Session, 1976
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "Being bound by the scope of the complainant's claims for relief the Tribunal is not required to consider the complainant's allegation of an attempt at bribery. If that allegation were proved the attempt at bribery would be subsequent to the abolition of post and merely a consequence thereof. Hence it cannot properly be relied upon to justify the quashing of the impugned decision and the complainant's reinstatement, the only claims for relief which she has made."

  Keywords:

  claim; competence of tribunal; complaint; limits; receivability of the complaint; subsequent fact;
  

  
  
  

• Judgment 261

  
  35th Session, 1975
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "The complaint does not relate to any non-observance by the organization of the complainant's terms of appointment and consequently this claim falls outside the Tribunal's jurisdiction. It is therefore unnecessary to consider whether or not it is time-barred."

  Keywords:

  breach; cause of action; claim; competence of tribunal; complaint; consequence; no cause of action; organisation; receivability of the complaint; terms of appointment; time bar;
  

  
  
  

• Judgment 258

  
  35th Session, 1975
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complaint was filed "clearly after the expiry of the time limit set by Article VII, paragraph 2, of the Statute of the Tribunal. It is declared irreceivable in accordance with Article 8, paragraph 3, of the Rules of court, notwithstanding the absence of any reply by the organization on the merits."

  Reference(s)

  ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE;
  ARTICLE 8, PARAGRAPH 3, OF THE RULES
  
  

  Keywords:

  complaint; receivability of the complaint; summary procedure; time bar; time limit;
  

  
  
  

• Judgment 246

  
  33rd Session, 1974
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "[T]he complainant impugns an alleged decision by the Director-General, that is to say an administrative decision which may be referred to the Appeals Board. Since the complainant did not submit his claim to the Appeals Board it is irreceivable by virtue of Article VII, paragraph 1, of the Statute of the Tribunal, which stipulates that the internal means of redress shall first have been exhausted."

  Reference(s)

  ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
  
  

  Keywords:

  complaint; internal remedies exhausted; new claim; receivability of the complaint;
  

  Considerations 1-2

  Extract:

  The competence of the Tribunal "does not extend to disputes between an international official and the organs of the [United Nations Joint Staff Pension] Fund."

  Keywords:

  competence of tribunal; complaint; pension; unjspf;
  

  
  
  

• Judgment 236

  
  32nd Session, 1974
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The publication of a list of officials does not confirm the decision to transfer the complainant [against which appeal is time-barred] and does not constitute a new decision. The complaint is irreceivable.

  Keywords:

  complaint; confirmatory decision; receivability of the complaint; time bar; transfer;
  

  Considerations 3-4

  Extract:

  The complaint was filed on 30 March. To be receivable it must impugn a decision notified to complainant on a date not before 30 December 1972. The decision of 17 November 1972 was the decision to transfer the complainant. "The complaint against it is clearly out of time."

  Keywords:

  complaint; date of notification; decision; receivability of the complaint; time bar;
  

  
  
  

• Judgment 213

  
  31st Session, 1973
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complainant impugns the refusal of his claim for compensation dated 5 July 1972; his complaint filed with the Administrative Tribunal on 14 January 1973 "was not submitted within the time limits laid down by Article VII, paragraph 2, of the Statute of the Tribunal and is therefore not receivable."

  Reference(s)

  ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE
  
  

  Keywords:

  complaint; receivability of the complaint; time bar;
  

  
  
  

• Judgment 188

  
  28th Session, 1972
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  On the form she used to file her complaint, the complainant sought the quashing of a decision in respect of her performance report. In a memorandum, she sought the quashing of the decision refusing her a salary increment. "These two documents were filed at the same time and form a whole, in the sense that the claims set out in them are complementary." A decision is therefore required both on the performance report and the question of the salary increment.

  Keywords:

  claim; complaint; difference; receivability of the complaint;
  

  
  
  

• Judgment 185

  
  27th Session, 1971
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The regional administration failed to reply because it made a reply conditional on a matter unrelated to the request. "The position thus taken up by the administration misled [the complainant] and prevented him from following the procedure laid down [in the Staff Rules]. There is all the more reason for taking account of his error inasmuch as the [...] Rules do not mention the general rule of law [...] whereby the silence of the administration after a certain period is equivalent to rejection of a claim."

  Keywords:

  complaint; direct appeal to tribunal; exception; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; negligence; organisation; receivability of the complaint; time bar;
  

  
  
  

• 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 158

  
  24th Session, 1970
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "Although the complainant's services terminated [...] as a result of his resignation, he was still entitled to challenge his grading during an earlier period."

  Keywords:

  cause of action; complaint; post classification; receivability of the complaint; resignation; separation from service;
  

  
  
  

• Judgment 154

  
  23rd Session, 1970
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "The two complaints relate in part to the same facts and impugn decisions one of which is consequential to the other. In these circumstances the Tribunal must order the joining of the two complaints as proposed by the complainant."

  Keywords:

  complaint; identical facts; joinder;
  

  
  
  

• Judgment 145

  
  23rd Session, 1970
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The sole basis of the complaint is the fact that "one of [the complainant's] superiors made a marginal note which the complainant considers insulting on a routing slip attached to his leave card. This marginal note does not constitute a decision and, since it was written on a purely internal document [...] concerned [the complainant] alone and was in no way made public, it was not of a nature to cause the complainant any damage entitling him to any kind of compensation."

  Keywords:

  cause of action; complaint; lack of injury; no cause of action;
  

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