Internal appeals body (79, 80, 81, 84, 822, 823, 90, 91, 742, 785, 786, 813, 82, 973, 819,-666)
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Keywords: Internal appeals body
Total judgments found: 299
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Judgment 575
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complaint is declared irreceivable, the internal means of redress not having been exhausted. The appeal was submitted to the President after the time-limit laid down in the Regulations had run out. It is immaterial that the Appeals Committee considered the complainant's case on the merits; its opinion does not prevent the Tribunal from observing that the time limit was not respected.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint; time bar;
Judgment 522
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
According to a staff rule, an appeals board shall advise the Director-General "when a staff member lodges an appeal against an administrative decision 'alleging that it conflicts with the terms of his appointment or with any regulation or rule'." A decision therefore which is not in conflict with the complainant's terms of appointment or with any regulation or rule is not appealable."
Keywords:
competence; contract; enforcement; internal appeals body; provision; staff regulations and rules;
Judgment 513
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant seeks the quashing of the decisions of the Internal Board of Appeal and the Director-General to reject his appeal in accordance with the Board's recommendation. Only the latter decision, the final one, which is in accordance with Article VII of the Statute."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
application for quashing; competence of tribunal; decision; iloat statute; internal appeals body; recommendation; report;
Judgment 483
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The internal appeals body did not respect the complainant's right to a hearing. In this case "not only has the complainant had every opportunity to state her case in these proceedings but the Tribunal will decide proprio motu the points on which the Appeals Committee heard evidence from the officials [without the parties' knowledge]. The flaw in the appeal proceedings is therefore of no consequence and is to be regarded as corrected by the present proceedings.
Keywords:
disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;
Judgment 476
47th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The right to a hearing includes the opportunity to take part in the deposition of evidence. "The Appeals Committee ought to have summoned the complainant and a representative of the organization to attend when the expert witness gave evidence. [...] This flaw in the internal appeal proceeding had no effect, however." The expert witness expressed views solely on the nature of the complainant's former and new posts. This is a point which has been fully elucidated in the proceedings before the Tribunal. Neither the statements of the expert witness nor the conclusions of the Committee can therefore have any effect on the Tribunal's decision.
Keywords:
adversarial proceedings; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;
Judgment 446
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
By a majority opinion of 3 to 5, the internal appeals body recommended not reclassifying the complainant's post. The Director-General accepted that view. "The question is one for a general appreciation by persons who are familiar with the working conditions". Unless there is clear evidence of a mistaken approach to the problem, the view of the majority (and of the Director-General) must be accepted.
Keywords:
discretion; internal appeals body; post classification; recommendation;
Judgment 428
45th Session, 1980
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Although the complainant was not invited to address the [Review Committee on classifications], his application for review of his classification was put to it. It is therefore not open to him to allege any breach of his right to a hearing, since the right does not mean that he is entitled to be heard in person."
Keywords:
consequence; internal appeals body; post classification; right to reply;
Judgment 421
45th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
the complainant contends that the recommendation on which the director acted was vitiated by prejudice against him. he mentions three points relating to his nationality and previous conduct. "there is no reason to think that any of these matters, if and insofar as they were known to the two members of the working party, influenced their conclusions in any way." the working party had been set up to advise the director-general on staff reductions. on the day of the meeting to consider the complainant's case, the working party consisted of only two members appointed by the administration.
Keywords:
bias; flaw; internal appeals body; lack of evidence; recommendation;
Judgment 417
44th Session, 1980
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
There was already a claim for compensation before the internal appeals body and there was no need to make a fresh one. The appeals body "had, without going into the merits, held the claim for compensation to be irreceivable. In Judgment no. 364 the Tribunal ruled that it was receivable. Accordingly, all that was necessary was for the [body in question] to resume the hearing and make a recommendation on the merits."
Reference(s)
ILOAT Judgment(s): 364
Keywords:
case sent back to organisation; further submissions on the merits; internal appeals body; judgment of the tribunal; receivability of the complaint;
Judgment 408
44th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Although the organization's attitude was open to reproach, the complainants were not on that account entitled to forgo a decision from the [Appeals] Board. The organization may have been remiss, but the Board was still able to hear the appeal. If it could not get a prompt response to its requests for [disclosure], its function was to decide on the evidence which it did have and, if it saw fit, to decide against the organization in the matters under dispute. In short, there were no valid grounds for divesting it of an appeal which it was in no way prevented from hearing."
Keywords:
direct appeal to tribunal; internal appeals body; internal remedies exhausted;
Consideration 4
Extract:
"The decision in this case turns at least as much on appraisal of oral statements as on that of written evidence, and the Tribunal would be hard put to pass judgment without knowing the [Appeals] Board's views. The appeal to the Board is therefore no empty formality."
Keywords:
internal appeal; internal appeals body; internal remedies exhausted; purpose; recommendation; tribunal;
Consideration 3
Extract:
"Doubtless [the internal appeals body] showed the organization too much forbearance. [...] Yet the evidence casts no doubt on its willingness to hear the appeal before it. [...] While the complainants were lodging their complaints with the Tribunal the [Appeals] Board was on the point of giving a decision. In the circumstances there are no grounds for allowing any derogation from the rule that the internal means of redress shall have been exhausted."
Keywords:
administrative delay; exception; internal appeal; internal appeals body; internal remedies exhausted; late decision;
Consideration 1
Extract:
A complainant may appeal directly to the Tribunal "provided the appeals body cannot or will not give a decision within a reasonable period. That it cannot or will not do so must, however, be quite clear from the circumstances. Only by way of exception will the Tribunal allow that the condition is met."
Keywords:
direct appeal to tribunal; exception; failure to answer claim; internal appeals body; reasonable time; receivability of the complaint;
Judgment 397
43rd Session, 1980
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Although the complainant's argument was endorsed by the Appeal Board and did perhaps have some truth in it, it is not borne out by sufficient evidence for the Tribunal to find that the Secretary-General drew clearly mistaken conclusions from the facts."
Keywords:
binding character; consequence; internal appeals body; judgment of the tribunal; recommendation; tribunal;
Consideration 1
Extract:
The organisation maintains that the complaint is irreceivable because the Internal Board ought not to have heard the appeal and the means of redress open to the complainant were not duly exhausted. "Although the Appeal Board did not comply strictly with the letter of the rules of procedure, it did, as it states, respect their spirit. [...] The Appeal Board must be allowed some discretion in construing the internal rules of procedure and therefore cannot be taken to task for breach of those rules."
Keywords:
internal appeal; internal appeals body; internal remedies exhausted; mistaken hearing of merits; procedure before the tribunal; receivability of the complaint;
Judgment 377
42nd Session, 1979
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Committee carried out a complete review of the complainant's case and thereby did what the Director-General asked it to do; it was empowered to dismiss as pointless or immaterial the complainant's applications for an inquiry and for the hearing of witnesses; its report answers all the arguments and adequately bears out its conclusions. There is no evidence of any procedural flaw.
Keywords:
complainant; inquiry; internal appeals body; investigation; oral proceedings; refusal; request by a party;
Judgment 370
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In the present instance [...] it was so obvious that no internal appeal would lie that the intermediary can hardly be blamed for not letting the appeals body itself declare the appeal irreceivable. In any case it would be unduly formalistic to quash the impugned decision because of a flaw which had no effect whatever on the proceedings or on the outcome of the case."
Keywords:
flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; receivability of the complaint;
Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The jurisdiction of an appeals committee need not necessarily be the same as the jurisdiction of the Tribunal. "It would be neither irrational nor inconvenient if the question whether a contract of appointment had or had not been concluded was left outside the jurisdiction of a committee designed to deal with staff grievances rather than with questions of law."
Keywords:
competence; competence of tribunal; contract; evidence; internal appeals body; offer;
Judgment 333
40th Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The members of a committee set up to examine appeals against post grading decisions began their work and subsequently resigned. Instead of following the recommendations already made by the old committee, the Director-General set up a new one. He was therefore bound to start the proceedings all over again. To be lawful the new committee's recommendations could only be made after hearing the persons concerned. The Director-General's decisions based on unlawful recommendations are quashed. The case is "referred back to the Director-General for a new decision, to be taken after due consultation of the [...] grading appeals committee."
Keywords:
flaw; internal appeals body; organisation's duties; procedural flaw; procedure before the tribunal; recommendation;
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;
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 305
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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 297
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"In its report the Appeals Committee set out the parties' allegations and commented on them. The Director-General knew of the Committee's report since he expressed his views on it. He was therefore aware of the facts which the complainant alleges were essential, and there is nothing to suggest that he disregarded them."
Keywords:
contract; disregard of essential fact; fixed-term; internal appeals body; non-renewal of contract; recommendation;
Consideration 2
Extract:
"The Tribunal might go as far as to impute an error of law to the Director-General if the impugned decision were tainted with an inconsistency. But it is not so. Contrary to what the complainant suggests, the Director-General apparently accepted the recommendation unreservedly and did not overlook it: indeed he actually explained how he would take account of it."
Keywords:
acceptance; executive head; internal appeals body; recommendation;
Consideration 2
Extract:
The complainant argues that the Director-General was bound by the Committee's recommendation and in failing to act on it committed an error of law. According to the Staff Regulations, the Committee shall advise the Director-General; "indeed its function is purely advisory. The Tribunal is competent only to find breaches of terms of appointment and of the Staff Regulations. It cannot treat the above regulation as an exception and, passing over the law in force, regard the Appeals Committee's recommendation as mandatory."
Keywords:
advisory body; binding character; decision; enforcement; executive head; internal appeals body; recommendation;
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;
Consideration 1
Extract:
"It is immaterial that the Appeals Committee may have erred in hearing the appeal. The fact is that it gave its views and consequently the complainant had recourse to the internal means of redress available to him."
Keywords:
consequence; internal appeal; internal appeals body; internal remedies exhausted; mistaken hearing of merits; receivability of the complaint; recommendation; time bar; time limit;
Consideration 1
Extract:
"Although the Tribunal must determine whether its own time limit for filing a complaint has been respected, it will not review the observance of procedural rules in internal bodies. It merely notes that such bodies have heard the appeal. The most that can be said is that matters would have been different had the Director-General in his final decision expressed reservations on the propriety of the appeals procedure."
Keywords:
internal appeal; internal appeals body; judicial review; procedure before the tribunal; receivability of the complaint; time limit;
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