Late appeal (695,-666)
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Keywords: Late appeal
Total judgments found: 60
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Judgment 4285
130th Session, 2020
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests what she considers to be UNESCO’s failure to respect her right to sick leave and medical privacy.
Consideration 12
Extract:
The Tribunal has constantly held that a complaint will not be receivable “if the underlying internal appeal was not filed within the applicable time limits” (see Judgment 3758, consideration 10, and the cases cited therein). As the complainant did not exhaust the internal means of redress regarding the ICTP Medical Service’s unsuccessful attempt to contact her physician, as required in Article VII, paragraph 1, of the Tribunal’s Statute, the complaint is irreceivable.
Reference(s)
ILOAT Judgment(s): 3758
Keywords:
internal remedies not exhausted; late appeal; receivability of the complaint;
Judgment 4222
129th Session, 2020
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the refusal of UNESCO to award full compensation for the injury suffered as a result of an accident recognized as being service-incurred.
Consideration 12
Extract:
[I]t would be contrary to the principle of good faith, which required that the complainant should receive a timely reply, to considering her appeal as time-barred.
Keywords:
good faith; late appeal;
Judgment 4209
129th Session, 2020
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the ITU’s failure to address her claim for reclassification and for payment of a special post allowance.
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies; late appeal; post held by the complainant; special post allowance;
Judgment 4184
128th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant mainly challenges the alleged misuse of short-term contracts in her case, the non-extension of her last contract and the allegedly incorrect classification of her job.
Consideration 4
Extract:
The Tribunal, in Judgment 3704, in considerations 2 and 3, recalled that the time limits for internal appeal procedures and the time limits in the Tribunal’s Statute serve the important purposes of ensuring that disputes are dealt with in a timely way and that the rights of parties are known to be settled at a particular point of time. The Tribunal’s rationalisation of this general principle may be summarized as follows: time limits are an objective matter of fact and strict adherence to them is necessary to ensure the stability of the parties’ legal relations. However, there are exceptions to this general principle laid down in the Tribunal’s case law. One of them is the case where the defendant organisation misled the complainant, depriving him of the possibility of exercising his right of appeal in violation of the principle of good faith (see, for example, Judgment 2722, consideration 3, and Judgment 3311, considerations 5 and 6). The Tribunal also recalls that a complaint against an implied rejection may be deemed receivable, notwithstanding the expiry of the time limit for filing a complaint, if a particular step taken by an organisation, such as sending a dilatory reply to the complainant, might give that person good reason to infer that his or her claim is still under consideration (see Judgment 2901, consideration 10).
Reference(s)
ILOAT Judgment(s): 2722, 2901, 3311, 3704
Keywords:
implied rejection of internal appeal; internal appeal; late appeal; receivability of the complaint;
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; internal appeal; late appeal;
Judgment 4160
128th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks a redefinition of his employment relationship.
Consideration 13
Extract:
In accordance with the Tribunal’s case law and pursuant to the provisions of Article VII, paragraph 1, of its Statute, the fact that the appeal lodged by the complainant was out of time renders his complaint irreceivable for failure to exhaust the internal means of redress offered to staff members of the Organization, which cannot be deemed to have been exhausted unless recourse has been had to them in compliance with the formal requirements and within the prescribed time limit (see, for example, Judgment 2888, consideration 9, and Judgments 2010, 2326 and 2708 referred to therein).
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 2010, 2326, 2708, 2888
Keywords:
failure to exhaust internal remedies; late appeal; receivability of the complaint;
Consideration 9
Extract:
As the Tribunal has repeatedly stated, time limits are an objective matter of fact and it should not rule on the lawfulness of a decision which has become final, because any other conclusion, even if founded on considerations of equity, would impair the necessary stability of the parties’ legal relations, which is the very justification for a time bar (see, for example, Judgment 3406, consideration 12, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 3406
Keywords:
late appeal;
Judgment 4159
128th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks a redefinition of his employment relationship and the setting aside of the decision not to renew his last contract of employment.
Consideration 11
Extract:
In accordance with the Tribunal’s case law and pursuant to the provisions of Article VII, paragraph 1, of its Statute, the fact that the appeal lodged by the complainant was out of time renders the claims in question irreceivable for failure to exhaust the internal means of redress offered to staff members of the Organization, which cannot be deemed to have been exhausted unless recourse has been had to them in compliance with the formal requirements and within the prescribed time limit (see, for example, Judgment 2888, consideration 9, and Judgments 2010, 2326 and 2708 referred to therein).
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 2010, 2326, 2708, 2888
Keywords:
failure to exhaust internal remedies; late appeal; receivability of the complaint;
Consideration 9
Extract:
As the Tribunal has repeatedly stated, time limits are an objective matter of fact and it should not rule on the lawfulness of a decision which has become final, because any other conclusion, even if founded on considerations of equity, would impair the necessary stability of the parties’ legal relations, which is the very justification for a time bar (see, for example, Judgment 3406, consideration 12, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 3406
Keywords:
late appeal;
Judgment 4121
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the alleged failure to implement a decision to grant him three years’ seniority.
Consideration 3
Extract:
The decision to promote the complainant was made in 2006. It was at that point in time that time-limits to challenge that decision began to run. The Tribunal’s case law concerning payslips does not entitle a complainant to belatedly challenge a decision out of time if the payslip is simply confirmatory of that decision (see, for example, Judgment 2823, consideration 10). This is what the complainant seeks to do in these proceedings. The complainant has not exhausted internal means of redress in conformity with the Service Regulations for permanent employees of the European Patent Office. Accordingly his complaint to this Tribunal is irreceivable and should be dismissed.
Reference(s)
ILOAT Judgment(s): 2823
Keywords:
confirmatory decision; individual decision; internal remedies exhausted; late appeal; new time limit; payslip; receivability of the complaint; right of appeal;
Judgment 4118
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the findings of the Medical Committee according to which his invalidity is not of occupational origin.
Consideration 4
Extract:
The Tribunal’s case law does allow a staff member concerned by an administrative decision which has become final to ask internal bodies for its review if some new and unforeseeable fact of decisive importance has occurred since the decision was taken, or if she or he is relying on facts or evidence of decisive importance of which she or he was not and could not have been aware before the decision was taken (see Judgments 676, consideration 1, 2203, consideration 7, 2722, consideration 4, 3002, [...] consideration 14, or 3140, consideration 4).
Reference(s)
ILOAT Judgment(s): 676, 2203, 2722, 3002, 3140
Keywords:
late appeal; new fact on which the party was unable to rely in the original proceedings;
Judgment 4112
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests retroactively his promotions.
Consideration 6
Extract:
The EPO was correct in dismissing the internal appeal as time-barred. In the result, internal means of redress have not been exhausted and the complaint is irreceivable. For this reason, the complaint should be dismissed.
Keywords:
internal remedies exhausted; late appeal; receivability of the complaint;
Judgment 4103
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to grant him mission status during the first six months of his assignment to a field post.
Consideration 1
Extract:
[A] complaint will not be receivable unless the impugned decision is a final decision and the complainant has exhausted all the internal means of redress. This means that a complaint will not be receivable if the underlying internal appeal was not filed within the applicable time limits. As the Tribunal has consistently stated, the strict adherence to time limits is essential to have finality and certainty in relation to the legal effect of decisions. When an applicable time limit to challenge a decision has passed, the organisation is entitled to proceed on the basis that the decision is fully and legally effective (see Judgment 3758, under 10 and 11, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 3758
Keywords:
failure to exhaust internal remedies; internal appeal; internal remedies exhausted; late appeal; receivability of the complaint; time limit;
Judgment 4101
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who alleges that he was subjected to moral harassment, challenges the refusal to extend his special leave without pay and to grant him certain accommodations with regard to his working arrangements.
Consideration 3
Extract:
The Tribunal has consistently held that a complainant must not only have exhausted all internal remedies within his organization but also have duly complied with the rules governing the internal appeal procedure. Thus, if the internal appeal was irreceivable under those rules, the complaint filed with the Tribunal will also be irreceivable under Article VII, paragraph 1, of the Statute of the Tribunal (see Judgment 1244, consideration 1).
Reference(s)
ILOAT Judgment(s): 1244
Keywords:
failure to exhaust internal remedies; internal appeal; internal remedies exhausted; late appeal; receivability of the complaint; time bar;
Consideration 3
Extract:
As the Tribunal has observed on various occasions, time limits are an objective matter of fact and strict adherence to them is necessary for the efficacy of the whole system of administrative and judicial review of decisions. To allow otherwise would impair the necessary stability of the parties’ legal relations (see Judgments 3704, considerations 2 and 3, and 3923, consideration 4).
Reference(s)
ILOAT Judgment(s): 3704, 3923
Keywords:
internal remedies exhausted; late appeal; time bar;
Judgment 4100
127th Session, 2019
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to select him for a position for which he had applied.
Consideration 3
Extract:
The Tribunal’s case law establishes that a known fact arising from an earlier administrative decision or a failure to act on the part of the Administration may be relied on in a subsequent proceeding even though the earlier decision or failure to act was not challenged in a timely manner (see Judgments 1982, under 7, and 3380, under 8). Thus, the complainant may refer to the cancellation of the earlier selection process in the present complaint, for example, as part of the chronology leading up to this case.
Reference(s)
ILOAT Judgment(s): 1982, 3380
Keywords:
late appeal; time bar;
Judgment 4054
126th Session, 2018
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to dismiss her appeal against the decision to terminate her assignment to the position of Senior Evaluation Officer.
Consideration 4
Extract:
Pursuant to Article VII, paragraph 1, of the Tribunal’s Statute, a complaint is not receivable unless the complainant has exhausted the internal means of redress. As the Tribunal stated in Judgment 3903, consideration 6, “[t]his means that a complaint will not be receivable if the underlying internal appeal was irreceivable (see Judgment 3758, consideration 10)”. As noted above, the complainant’s internal appeal was time-barred. Her complaint is therefore irreceivable as she did not exhaust the internal means of redress which were open to her under the FAO’s internal regulations as Article VII, paragraph 1, of the Tribunal’s Statute requires. Accordingly, the complaint is clearly irreceivable and must be summarily dismissed in accordance with the procedure set out in Article 7 of the Rules of the Tribunal.
Reference(s)
ILOAT reference: Article 7 of the Rules; Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 3758, 3903
Keywords:
failure to exhaust internal remedies; late appeal;
Judgment 3949
125th Session, 2018
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss as irreceivable his claims for compensation for injury or illness attributable to service.
Judgment keywords
Keywords:
complaint dismissed; late appeal;
Judgment 3936
125th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who held the grade P-5 post of Head of UNESCO’s National Office in Kinshasa, challenges the decision to transfer her to Paris.
Consideration 7
Extract:
The Tribunal observes that at the time when she submitted her protest, and indeed when she received a reply to it, the complainant, who was initially assigned to Kinshasa, was on maternity leave. Thus she had not actually taken up her duties as chargée de mission in the Bureau of Field Coordination, to which she had theoretically been assigned from 1 March 2013, and could not in any event be regarded as “stationed” at Headquarters for the purposes of paragraph 7(c) of the Statutes of the Appeals Board.
It follows that the Director-General wrongly dismissed the complainant’s appeal as time-barred, since it was submitted within the two-month period running from her receipt of the memorandum of 1 March 2013.
Keywords:
internal appeal; late appeal;
Judgment 3923
125th Session, 2018
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision of the Chair of the Appeal Board to dismiss as time-barred his internal appeal against the non-confirmation of his appointment and his separation while on sick leave.
Judgment keywords
Keywords:
complaint dismissed; internal appeal; late appeal; receivability of the complaint;
Consideration 4
Extract:
In his decision, the Chair of the Appeal Board referred to the Tribunal’s consistent case law that time limits are an objective matter of fact, which guarantee legal certainty for the parties and the Tribunal. The Chair of the Appeal Board referred to Judgment 2266, considerations 2 and 3, and Judgment 2901, consideration 11. This case law is fully reproduced in a recent restatement made in Judgment 3651, considerations 5 and 6:
“5. In Judgment 3311, considerations 5 and 6, the Tribunal reiterated that the time limits for internal appeal procedures serve the important purposes of ensuring that disputes are dealt with in a timely way and the rights of parties are known to be settled at a particular point of time. The Tribunal relevantly rationalized this approach in the following terms: time limits are an objective matter of fact and strict adherence to them is necessary, otherwise the efficacy of the whole system of administrative and judicial review of decisions potentially adversely affecting the staff of international organisations would be put at risk. Flexibility about time limits should not intrude into the Tribunal’s decision-making even if it might be thought to be equitable or fair in a particular case to allow some flexibility. To do otherwise would ‘impair the necessary stability of the parties’ legal relations’ (see Judgment 2722, consideration 3). However, there are some exceptions to this general approach, which have been expressed in the Tribunal’s case law.
Additionally, however, [the relevant provision] provides that the Appeals Committee may consider an appeal that has been filed out of time to be receivable if it finds that the failure to abide by the time-limit was for a reason that was outside of the complainant’s control and the length of the delay in filing was reasonable in the circumstances of the case. [...]"
Keywords:
internal remedies exhausted; late appeal;
Judgment 3905
125th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the termination of his fixed-term appointment.
Consideration 18
Extract:
The Appeals Board’s premise that the abolition of the position and the termination of the appointment were a single decision also led it to ascribe erroneously the clarity of the communication of the decision to abolish the position to the separate and distinct decision to terminate the complainant’s appointment. Given the perceived clarity of the communication of the “decision”, the Appeals Board did not consider whether there were exceptional circumstances beyond the complainant’s control warranting a waiver of the thirty-day time limit as it was mandated to do by Staff Rule 111.3(b) and concluded that the appeal was irreceivable. As the Registrar in making his decision adopted the Appeals Board’s findings and conclusions and accepted its recommendation, that decision is tainted by the Appeals Board’s errors of fact and law and will be set aside.
Keywords:
late appeal;
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 3849
124th Session, 2017
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the non-renewal of his fixed-term contract.
Judgment keywords
Keywords:
complaint dismissed; fixed-term; late appeal; non-renewal of contract;
Judgment 3841
124th Session, 2017
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to abolish his post, as well as the earlier decision to reassign him to that post.
Consideration 6
Extract:
Although the case law recognizes that earlier events may be invoked to establish a pattern of harassment even though they were not challenged at the time they occurred (see, for example, Judgment 3250, consideration 10), it does not follow that a new time limit for challenging these events is open.
Reference(s)
ILOAT Judgment(s): 3250
Keywords:
harassment; late appeal;
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