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Internal procedure (668,-666)
You searched for:
Keywords: Internal procedure
Total judgments found: 32
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Judgment 4015
126th Session, 2018
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to award him damages for the alleged leaking of confidential information concerning him.
Consideration 6
Extract:
[I]n the complaint form submitted to the Tribunal, the complainant seeks “moral damages for the delay in the internal complaint and appeals process”. As the complainant did not make any submissions in his brief in relation to this claim, it will not be considered.
Keywords:
delay; internal procedure; moral injury;
Judgment 4014
126th Session, 2018
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to investigate his harassment complaint by an external investigator and not by an investigation panel provided for in the applicable rules.
Consideration 7
Extract:
[I]n the complaint form submitted to the Tribunal, the complainant seeks “moral damages for the delay in the internal complaint and appeals process”. As the complainant did not make any submissions in his brief in relation to this claim, it will not be considered.
Keywords:
delay; internal procedure; moral injury;
Judgment 4013
126th Session, 2018
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to investigate his harassment complaint in accordance with the applicable rules.
Consideration 14
Extract:
[I]n the complaint form submitted to the Tribunal, the complainant seeks “moral damages for the delay in the internal complaint and appeals process”. As the complainant did not make any submissions in his brief in relation to this claim, it will not be considered.
Keywords:
delay; internal procedure; moral injury;
Judgment 3967
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant considers that he was a victim of harassment, or at least of straining, by his director who issued a warning letter regarding his performance and set new productivity targets which he was to achieve in 2004.
Consideration 9
Extract:
The claim for moral damages for the excessive delay in the internal appeal proceedings is well founded as it is clear that the EPO breached its obligation to ensure that its internal procedure moved forward with reasonable speed (see, for example, Judgment 2197, consideration 33). [...] That period of more than six years in the internal appeal proceedings constituted excessive delay, even taking into consideration the complainant’s illness and the efforts which were made to amicably settle the matter. For this, the complainant will be awarded moral damages in the amount of 8,000 euros, particularly given the length of the delay and the impact of that delay on him in his personal circumstances.
Reference(s)
ILOAT Judgment(s): 2197
Keywords:
delay; delay in internal procedure; internal procedure;
Judgment 3939
125th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend his appointment beyond the statutory retirement age.
Consideration 7
Extract:
[I]t is clear from the explanations supplied by UNESCO in its written submissions to the Appeals Board and in those filed with the Tribunal that the complainant’s argument regarding his term of office was in fact taken into account by the Director-General when assessing the merits of his request. [...]
In addition, this decision will not be censured for the inadequacy of its initial reasoning, since the Tribunal’s case law accepts that the reasons for an administrative decision may be supplied or supplemented a posteriori during appeal proceedings (see, in particular, Judgments 1817, under 6, 2194, under 7, or 3660, under 3). This was the case here, and the complainant is wrong to submit that when UNESCO subsequently provided explanations, it modified the original reasons for the contested decision, since it merely clarified them.
Reference(s)
ILOAT Judgment(s): 1817, 2194, 3660
Keywords:
amendment to the rules; grounds; internal procedure;
Judgment 3861
124th Session, 2017
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the refusal to grant her flexible working arrangements during the breastfeeding period.
Consideration 6
Extract:
With regard to the objection that the complaint is irreceivable ratione temporis, the Tribunal recalls that it has ruled, with respect to an internal appeal filed by an official, that a time limit expiring on a Saturday is automatically extended to the following Monday if Saturday is a non-working day in the organisation concerned (see Judgments 2831, under 3, and 3566, under 4).
Reference(s)
ILOAT Judgment(s): 2831, 3566
Keywords:
internal procedure; late appeal; saturday;
Judgment 3855
124th Session, 2017
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to maintain his position at the same grade.
Consideration 3
Extract:
It is clear from the evidence in the file that the ad hoc appeal procedure instituted [...] to challenge classification decisions resulting from the implementation of the job audit [...] is different to that set up under Staff Rule 9.1. However, in seeking to demonstrate that the plea raised in this connection by the complainant is without merit, IFAD has not established that its President, who adopted the contested alternative appeal procedure [...], had the authority to do so and thereby to depart from the procedure laid down by the aforementioned Staff Rule. For this reason, the procedure [...] is unlawful in that it precludes the application of Staff Rule 9.1.
Keywords:
internal procedure;
Judgment 3688
122nd Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to abolish her post and to separate her from service.
Consideration 6
Extract:
The Tribunal has consistently stated that fairness to an appellant requires that the internal appeal process must be efficient [as] stated in Judgment 2904, consideration 15 [...].
Reference(s)
ILOAT Judgment(s): 2904
Keywords:
delay; internal procedure;
Judgment 3618
121st Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who was a member of the Internal Appeals Committee nominated by the Staff Committee, challenges a provision of the implementing rules adopted in the context of a reform of the EPO internal dispute-resolution system.
Judgment keywords
Keywords:
complaint dismissed; internal appeal; internal procedure;
Judgment 3510
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant objects to the excessive length of the process of obtaining a visa for his wife’s adopted daughter.
Considerations 24-26
Extract:
"According to the Tribunal’s case law, a staff member who files an appeal is entitled to expect a decision to be taken within a reasonable time. Since an internal appeal is a necessary prelude to judicial review, the organisation too must respect the need for expeditious proceedings (see, for example, Judgment 2116, under 11).
In the present case, the defendant organisation does not dispute the length of the internal appeal proceedings which, it says, was due to the workload of the appeal body and the complexity of the case.
While the Tribunal can accept that the complexity of the case might have occasioned some delay in processing the internal appeal, the same is not true of the workload. The above-mentioned requirement of expeditious proceedings means that the Organisation must ensure that it has the resources to deal with internal appeals within a reasonable period of time, in accordance with the case law [...]."
Reference(s)
ILOAT Judgment(s): 2116
Keywords:
delay; internal procedure;
Judgment 3497
120th Session, 2015
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the refusal of her request that her mother’s condition be recognized as a serious illness.
Consideration 10
Extract:
"The Tribunal recalls that, according to its case law, the right to an internal appeal is a safeguard which international civil servants enjoy in addition to their right of appeal to a judicial authority (see Judgment 2781, under 15). If the ultimate decision-maker rejects the conclusions and recommendations of the internal appeal body, the decision-maker is obliged to provide adequate reasons (see Judgments 2278, 2355, 2699, 2807 and 3042). The value of the safeguard is significantly eroded if the ultimate decision-making authority can reject conclusions and recommendations of the internal appeal body without explaining why. If adequate reasons are not required, then room emerges for arbitrary, unprincipled or even irrational decisions. (See Judgment 3208, under 11.)"
Reference(s)
ILOAT Judgment(s): 2278, 2355, 2699, 2781, 2807, 3042, 3208
Keywords:
internal appeal; internal procedure; motivation;
Judgment 3407
119th Session, 2015
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the implied decision to reject his claim against the new calculation of his pension rights.
Consideration 19
Extract:
[A] steady line of precedent has it that, although rules of procedure should ordinarily be strictly complied with, they must not set traps for staff members who are trying to defend their rights, and they must not therefore be construed with too much formalism. For this reason, the fact that an application has been submitted to the wrong authority does not make it irreceivable and, in these circumstances, it is up to that authority to forward it to the body within the organisation which is competent to examine it (see, for example, Judgments 1832, under 6, 2882, under 6, or 3027, under 7). Contrary to the defendant’s submissions, the scope of this case law is not limited to mistakes affecting the filing of internal appeals, even though in practice that is the most frequent situation in which it applies.
Reference(s)
ILOAT Judgment(s): 1832, 2882, 3027
Keywords:
internal procedure; internal remedies exhausted;
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