Receivability of the complaint (76, 77, 78, 947, 88, 89, 656, 743, 94, 95, 96, 97, 98, 99, 734, 748, 749,-666)
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Keywords: Receivability of the complaint
Total judgments found: 770
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Judgment 364
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Under Article VII, paragraph 1, of the Statute of the Tribunal, "a complaint shall not be receivable unless the person concerned has exhausted such other means of resisting it as are open to him in the applicable staff regulations. This means that where, as here, the Staff Regulations provide for an appeal committee, the person concerned must bring his complaint before that body within the time limits allowed by the regulation. Thus the question for the tribunal is whether the Appeals Board was right in rejecting the complaint on the ground that it was not brought before it in due time."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
internal appeal; internal remedies exhausted; judicial review; receivability of the complaint; time bar; time limit;
Judgment 360
41st Session, 1978
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The purpose of the claims for relief and the claims submitted in the internal appeal are the same. "[T]he sets of claims differ only in respect of the arguments put forward in their favour. The principle whereby the claims submitted to the Tribunal and the claims in the internal appeal must be the same applies only to the substance. In the present case the principle has been respected."
Keywords:
claim; complaint; internal appeal; new claim; purpose; receivability of the complaint;
Judgment 356
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Under the Staff Regulations the complainant had the right to appeal against the Regional Director's decision to a board [...] of appeal, which he did not exercise." He has therefore not exhausted the means of resisting the decision as were open to him. "The complainant does not provide any answer to this objection and it is clear that no proceedings were taken before the board. The complaint is therefore irreceivable."
Keywords:
absence of final decision; internal remedies exhausted; receivability of the complaint;
Judgment 350
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Neither the Statute nor the Rules of court permit an application for review of a judgment of the Administrative Tribunal. The Tribunal may therefore declare such an application receivable only in quite exceptional circumstances, for example when new facts of decisive importance have come to light since the date of the judgment."
Reference(s)
ILOAT Judgment(s): 325
Keywords:
application for review; exception; new fact on which the party was unable to rely in the original proceedings; receivability of the complaint;
Judgment 349
40th Session, 1978
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 31
Extract:
"Under [the applicable provision] the complainant should have made his claim within six months from the date the injury originated or at latest within six months of the date when its serious consequences became manifest, and this he has failed to do. It is not enough to report the occurrence, as the complainant claims he did to a direct superior or to the organisation's male nurse or medical doctor; there must be a claim for compensation."
Keywords:
invalidity; professional accident; receivability of the complaint; service-incurred; time bar; time limit;
Judgment 347
40th Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant was promoted but granted no seniority at his new step. He failed to impugn that decision in time. Claiming that he had been less fairly treated than officials promoted in the meantime, the complainant submitted a further request to the Director-General, which was dismissed. Although the effect of that decision is the same as that of the first decision, it is an answer to the claim made by the complainant. "Since it is not merely confirmatory, it may be impugned before the Tribunal."
Keywords:
confirmatory decision; internal appeal; promotion; receivability of the complaint; seniority; time bar;
Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant addressed himself to the Director of Personnel who informed him that no procedure existed for an appeal by a person not belonging to the staff of the organization. The complainant subsequently brought the matter to the attention of the Director-General who said that the organization considered his appeal to be irreceivable because he was not a staff member. The complainant concluded that this was a final decision and that he had exhausted his means of appeal. He informed the organization that he intended to file a complaint with the Tribunal. The organization did not reply. The organization thus led the complainant to believe that an appeal would be pointless and the organization cannot now be heard to object that it was not made.
Keywords:
contract; direct appeal to tribunal; good faith; internal remedies exhausted; locus standi; offer; receivability of the complaint; status of complainant;
Judgment 338
40th Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Assuming that the appeals filed by the complainant were receivable, the complainant "should in any event have appealed to the [appeals body] not later than thirty days after [the confirmation of the decision]. He did not appeal to the [appeals body] until [...] after the time limit had expired. The Director-General was therefore right to dismiss the appeal."
Keywords:
internal appeal; receivability of the complaint; time bar; time limit;
Judgment 336
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Assuming that the letter in question constitutes a claim requiring a decision, sixty days had elapsed without a decision being taken by the organisation. "But a complainant is not thereby obliged to treat silence as an adverse decision. He may prefer to continue or to resume the correspondence in the hope of obtaining a favourable decision. If he continues or reopens the case in this way, he must wait for another period of sixty days' silence before he can treat his claim as rejected. Since the complainant has not obtained a final decision [...] the complaint is irreceivable."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
absence of final decision; failure to answer claim; internal appeal; receivability of the complaint; time limit;
Judgment 333
40th Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant appealed to the Director-General within the time limit for disputed claims. The Director-General dismissed her appeal by a letter which was not merely confirmatory. The complaint impugning that decision was filed within the time limit and is therefore receivable.
Keywords:
complaint; confirmatory decision; internal appeal; receivability of the complaint; start of time limit; time limit;
Judgment 328
39th Session, 1977
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants claim benefits dependent on their having non-local status. WHO Staff Rule 280.7 sets a retroactive time limit of one year for such claims. The complainants knew what they were doing at the time of recruitment when they signed a modified appointment form in order to obtain their employment. The organization may have acted reprehensibly, but its conduct amounts neither to concealment nor to bad faith: the organization may therefore rely on the material provision.
Reference(s)
Organization rules reference: WHO STAFF RULE 280.7
ILOAT Judgment(s): 272
Keywords:
allowance; consequence; good faith; non-local status; non-retroactivity; organisation; receivability of the complaint; refund; time limit;
Consideration 3
Extract:
"If it can be established that the conduct of the organization was such as to conceal from the complainants in bad faith that they had the claims which they were now putting forward, then the organization could not in the opinion of the Tribunal rely upon the rule [which disallows requests for benefits more than twelve months from the date at which the initial payment would have been due]."
Keywords:
allowance; consequence; good faith; local status; non-local status; non-retroactivity; organisation; receivability of the complaint; refund; request by a party;
Judgment 327
39th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
A complainant may properly contend that the internal appeals bodies wrongly refused to hear an appeal submitted to them and that the complaint lodged with the Tribunal is therefore receivable. An organisation may correctly argue that those bodies acted improperly in ruling on the merits of an appeal and that the complaint is therefore irreceivable. "In ruling on such contentions the Tribunal does not [...] admit the receivability of the complaint itself but merely settles a preliminary point on which the receivability of the complaint depends."
Keywords:
complaint; consequence; internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint;
Consideration 1
Extract:
Under Article VII, paragraph 1, of the Statute of the Tribunal "the Tribunal [...] has to consider whether a complainant correctly followed the internal procedure which was open to him."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
competence of tribunal; internal remedies exhausted; judicial review; receivability of the complaint;
Judgment 323
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
"Every time the organization commits a breach of an obligation, it necessarily decides to commit that breach. No matter how often a similar breach is repeated, it is not the same breach nor the same decision, and it gives rise to a fresh cause for complaint. [I]f an organisation is in continuing breach a complaint alleging the breach may be made at any time [...]."
Keywords:
complaint; continuing breach; organisation's duties; receivability of the complaint;
Judgment 322
39th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Insofar as these new claims [presented in a supplementary brief] go beyond those contained in the complaint they are irreceivable."
Keywords:
complaint; new claim; receivability of the complaint;
Judgment 317
39th Session, 1977
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
According to its Regulations, the Provident Scheme is a fund within the meaning of the Swiss Civil Code "and it is therefore an independent legal entity distinct from [the organisation] itself." Had the complainant wished to impugn a decision of the Secretary of the fund, "she ought to have brought her complaint against the Scheme, not the [organisation]. But the complaint is brought against the [organisation], not the Scheme, and so would be irreceivable."
Keywords:
competence of tribunal; decision; domestic law; insurance; receivability of the complaint;
Consideration 2
Extract:
The organisation and the Provident Scheme jointly concluded a contract with the complainant. "According to Article VII of its Statute the Tribunal hears complaints which challenge decisions and decisions alone, and that excludes contracts, for example. Unless the complainant is impugning a decision her complaint is irreceivable. If the complainant wished to avoid or vary the contract [...] she ought first to have asked the other parties and called for decisions from them on the matter. Those are the only kind of decisions she might have impugned before the Tribunal."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
application for quashing; cause of action; competence of tribunal; condition; contract; iloat statute; no cause of action; receivability of the complaint;
Judgment 314
39th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The interveners "have an interest in the quashing of the impugned decision [concerning the with holding of salary for strike action] and their applications are therefore receivable."
Keywords:
deduction; intervention; receivability of the complaint; right to strike; salary; strike;
Judgment 313
39th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The chairman of the Appeals Committee having indicated that the proceedings were suspended, the complainant filed his complaint. Subsequently, the Director-General accepted the recommendation of the Committee and dismissed the appeal. "A party should not suffer prejudice from acting on even the mistaken suggestion of an appeals body. Having followed the suggestion in the chairman's letter, the complainant cannot be taken to task for acting too soon and failing to file his complaint again after [...] the [...] decision."
Keywords:
administrative delay; direct appeal to tribunal; internal appeal; internal appeals body; late decision; procedure before the tribunal; receivability of the complaint;
Judgment 306
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The ninety-day time limit expired on 9 May; but since this day was a sunday, the complaint registered by the Registry on 10 May was receivable.
Keywords:
complaint; exception; public holiday; receivability of the complaint; time limit;
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;
Consideration 1
Extract:
"It is immaterial that in its report [...] the Appeals Committee declared itself competent and so apparently overlooked [the provision which excludes appeals against the decision in question]. It is for the Tribunal to see whether Article VII of its own Statute is applicable: that means that in particular it must determine, with reference to the [organisation's] rules, the date on which the internal body of last instance took its decision and from which the ninety-day period therefore began to run."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
competence of tribunal; date; decision; internal appeals body; judicial review; mistaken hearing of merits; receivability of the complaint; start of time limit;
Judgment 300
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"Since the complainants' claims for relief are dismissed in their entirety, so too are the applications to intervene, of which the receivability need not therefore be considered."
Keywords:
intervention; receivability of the complaint;
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