Failure to exhaust internal remedies (656,-666)

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Keywords: Failure to exhaust internal remedies
Total judgments found: 49

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• Judgment 3441

  
  119th Session, 2015
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal found that UNIDO breached its duty of care, good faith and mutual trust to the complainant.

  Consideration 5

  Extract:

  The Tribunal’s case law provides, in effect, that a complainant cannot ask the Tribunal to consider issues which were not a part of the case in the internal appeal proceedings. This is because if those issues were not before the internal appellate body for consideration they would be irreceivable for failure to exhaust internal remedies as Article VII, paragraph 1, of the Tribunal’s Statute requires. (See, for example, Judgment 2808, under 9.)

  Reference(s)

  ILOAT reference: Article VII, paragraph 1, of the Statute
  ILOAT Judgment(s): 2808
  

  Keywords:

  failure to exhaust internal remedies; internal appeal; new claim;
  

  
  
  

• Judgment 3433

  
  119th Session, 2015
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant unsuccessfully impugns the decision to reject his appeals concerning warning letters he received in relation to his staff report.

  Judgment keywords

  Keywords:

  complaint dismissed; failure to exhaust internal remedies;
  

  
  
  

• Judgment 3427

  
  119th Session, 2015
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants unsuccessfully challenge a series of decisions concerning pension issues, those being decisions of general application.

  Consideration 18

  Extract:

  [I]t can be seen that the complaint was filed before it was properly before the Administrative Council for consideration.
  Clearly the deemed rejection upon which the complainant relies was not engaged in these circumstances and the complaint is irreceivable as the internal means of redress have not been exhausted.

  Keywords:

  direct appeal to tribunal; failure to exhaust internal remedies;
  

  
  
  

• Judgment 3399

  
  119th Session, 2015
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal found that the complainant's claims were all irreceivable for failure to exhaust internal means of redress.

  Judgment keywords

  Keywords:

  complaint dismissed; failure to exhaust internal remedies; receivability of the complaint;
  

  Consideration 4

  Extract:

  "It is firm case law that a staff member is not allowed on her or his own initiative to evade the requirement that internal means of redress must be exhausted before a complaint is filed before the Tribunal (see Judgment 3190, under 9, and the case law referred to therein)."

  Reference(s)

  ILOAT Judgment(s): 3190
  

  Keywords:

  failure to exhaust internal remedies;
  

  
  
  

• Judgment 3211

  
  115th Session, 2013
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants, who challenge the decision not to pay them retroactively the assignment grant lump sums, have not exhausted internal remedies.

  Judgment keywords

  Keywords:

  complaint dismissed; failure to exhaust internal remedies; travel expenses;
  

  
  
  

• Judgment 3194

  
  114th Session, 2013
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: As the complainant has not exhausted the internal means of redress, the complaint is summarily dismissed.

  Judgment keywords

  Keywords:

  complaint dismissed; failure to exhaust internal remedies; summary procedure;
  

  
  
  

• Judgment 3187

  
  114th Session, 2013
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant, who requested the opening of an investigation into attempts to hack her computer, did not exhaust internal means of redress.

  Judgment keywords

  Keywords:

  complaint dismissed; duty to inform; failure to exhaust internal remedies;
  

  
  
  

• Judgment 3122

  
  113th Session, 2012
  World Trade Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  complaint dismissed; failure to exhaust internal remedies; retirement age;
  

  
  
  

• Judgment 1098

  
  71st Session, 1991
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The complaint is irreceivable for failure to exhaust internal means of redress.

  Keywords:

  failure to exhaust internal remedies;
  

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