Direct appeal to Tribunal (85, 25, 779, 780,-666)

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Keywords: Direct appeal to Tribunal
Total judgments found: 145

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• Judgment 185

  
  27th Session, 1971
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The regional administration failed to reply because it made a reply conditional on a matter unrelated to the request. "The position thus taken up by the administration misled [the complainant] and prevented him from following the procedure laid down [in the Staff Rules]. There is all the more reason for taking account of his error inasmuch as the [...] Rules do not mention the general rule of law [...] whereby the silence of the administration after a certain period is equivalent to rejection of a claim."

  Keywords:

  complaint; direct appeal to tribunal; exception; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; negligence; organisation; receivability of the complaint; time bar;
  

  
  
  

• Judgment 156

  
  24th Session, 1970
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "The Tribunal finds that the complainant has not impugned a final decision after exhausting the internal appeal procedure and that he cannot validly plead that he was unaware of the provisions of the Staff Regulations and Rules concerning internal appeal procedures to justify his direct complaint to the Tribunal."

  Keywords:

  absence of final decision; direct appeal to tribunal; internal remedies exhausted; receivability of the complaint;
  

  
  
  

• Judgment 147

  
  23rd Session, 1970
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  The complainant impugns decisions of the Secretary-General without previously having exhausted the internal means of appeal provided for in the Staff Rules. "It follows that the submissions in his complaint in respect of the aforesaid decisions are not receivable."

  Keywords:

  direct appeal to tribunal; internal remedies exhausted; receivability of the complaint;
  

  Consideration 2

  Extract:

  Although a provision of the Staff Rules allows the Appeals Board "in exceptional cases [to] waive the time-limit, the fact [...] that [the complainant], as a result of a mistake committed in good faith, addressed himself directly to the Administrative Tribunal, was not regarded by the [...] Appeals Board as an exceptional circumstance covered by the above-mentioned provision."

  Keywords:

  direct appeal to tribunal; exception; good faith; internal appeal; receivability of the complaint; time bar;
  

  
  
  

• Judgment 146

  
  23rd Session, 1970
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The complainant did not submit an appeal to the internal appeals body before filing his complaint with the Administrative Tribunal. "He had therefore failed to exhaust the internal procedure available to him before appealing to the Tribunal." The complainant did not obtain the Director-General's leave to appeal directly to the Tribunal as required by the applicable provision. His claims are dismissed.

  Keywords:

  acceptance; condition; direct appeal to tribunal; executive head; internal remedies exhausted; receivability of the complaint;
  

  
  
  

• Judgment 108

  
  17th Session, 1967
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "The fact that the Director-General had not given a ruling in accordance with [the material provision] could be regarded as failure to take a decision on a claim, thus entitling complainant to have recourse to the Tribunal under Article VII, paragraph 3, of its Statute. [However] the complainant would have had to file his complaint with the Administrative Tribunal within the 90 days following the 60 days during which the Director-General failed to give a ruling on his claim [...]. [He] is obviously time-barred."

  Reference(s)

  ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
  
  

  Keywords:

  complaint; direct appeal to tribunal; failure to answer claim; internal appeal; receivability of the complaint; time bar; time limit;
  

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