Internal appeal (86, 87, 668, 695, 752, 783,-666)
You searched for:
Keywords: Internal appeal
Total judgments found: 455
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Judgment 1684
84th Session, 1998
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Article VII, paragraph 1, of the Tribunal's Statute says that for a complaint to be receivable the internal remedies must have been exhausted. But precedent has it that, if there is delay over the final decision, the requirement will be met provided that the complainant has done everything that might be expected of him to get one but the appeal proceedings are unlikely to end within a reasonable time. [...] The requirement was plainly met in this case. Having done all that he did, to no avail, the complainant could not reasonably be required to wait any longer, there being no grounds for expecting the Appeals Committee to report soon. The organisation's domestic difficulties in running its appeal procedure afforded no excuse for denying him due process."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
administrative delay; case law; condition; exception; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; reasonable time;
Judgment 1660
83rd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The circumstances of the case are peculiar, the Association having failed to provide the internal means of redress that it ought. So it is hard to see any merit in the Association's objection to the complainants' appealing straight to the Tribunal."
Keywords:
complaint; direct appeal to tribunal; exception; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; receivability of the complaint;
Judgment 1659
83rd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainants "did not go to the Board until [...] six-and-a-half months after they had had notice of dismissal. The [objection to receivability] would no doubt succeed if the rules set a time limit for appeal, but they do not. It is perhaps a pity that the complainants tarried until the very eve of dismissal. But they did expressly reserve their rights when acknowledging receipt of notice of dismissal, and they were hoping until the last day for a satisfactory outcome. So it is hardly arguable that some time limit which was not even in the rules was running against them."
Keywords:
exception; internal appeal; internal remedies exhausted; no provision; staff regulations and rules; time bar; time limit;
Consideration 10
Extract:
EFTA pleads that the complainants "ought to have inferred rejection after sixty days [after lodging their internal appeals]. They then had ninety days under Article VII(2) of the Tribunal's Statute in which to file complaints." It argues that since the complaints were filed "over 150 days after the notification of their appeals to the Board, they were out of time. The plea [...] fails. although there was no report from the Board within the sixty days, the reason was that it had never been set up. Actually it never was. [...] The time limit of ninety days began only [on] the date at which they received the Secretary-General's letters [...] telling them that the Board could not be set up and they were free under Regulation 41(b) to appeal to the Tribunal. The complaints are therefore not out of time."
Reference(s)
ILOAT reference: ARTICLE VII (2) OF THE STATUTE
Organization rules reference: ARTICLE 41(B) OF EFTA STAFF REGULATIONS
Keywords:
complaint; direct appeal to tribunal; iloat statute; implied decision; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; start of time limit;
Judgment 1656
83rd Session, 1997
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The only basis on which [the complainant] invokes the Tribunal's jurisdiction is that the EMBL has failed to take a decision upon her alleged claims [but] she has failed to establish that she did make them and that they related to the matters which form the subject of this complaint. Her complaint is therefore irreceivable."
Keywords:
complaint; evidence; implied decision; internal appeal; internal remedies exhausted; lack of evidence; receivability of the complaint; request by a party;
Judgment 1655
83rd Session, 1997
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
The Agency submits that the complainant's appeal "was out of time because [he] filed it after the expiry of the time limit of three months in Article 92(2) of the Staff Regulations. [...] The plea fails. The [Agency] acted on the appeal [...] by convening the Invalidity Committee and the Joint Committee for Disputes and by taking [a] final decision. [...] The attitude it thereby adopted towards the appeal estops it from now objecting to the receivability of the complaint. The complaint is therefore receivable."
Reference(s)
Organization rules reference: ARTICLE 92(2) OF EUROCONTROL STAFF REGULATIONS
Keywords:
complaint; exception; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; time bar; time limit;
Judgment 1653
83rd Session, 1997
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
In accordance with Article VII(1) of the Tribunal's Statute, "where the Staff Regulations lay down a procedure for internal appeal it must be duly followed: there must be compliance not only with the set time limits but also with any rules of procedure in the Regulations or implementing rules."
Keywords:
complaint; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; procedure before the tribunal; purport; receivability of the complaint; staff regulations and rules; time limit;
Judgment 1613
82nd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant's internal appeal was late. But EFTA itself admits to mistakes in the numbering of the provisions to which the regulations refer, "and they may well have misled the complainants." The Association set up no advisory board, though Staff Regulation 40 provided for one, and the deputy Secretary-General himself told the complainants that in the absence of a recommendation from the Advisory Board they might go to the Tribunal. "All things considered, the complaints must be declared receivable."
Reference(s)
Organization rules reference: EFTA STAFF REGULATION 40
Keywords:
acceptance; complaint; direct appeal to tribunal; exception; executive head; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time limit;
Judgment 1610
82nd Session, 1997
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant "objects to breach of her right to be assisted or represented by counsel in the internal appeal proceedings. But she is mistaken. Staff Rule 29.2(d), on the procedure before the Appeals Board, says that 'the appellant may be represented or assisted by any member of the Secretariat'. In refusing the complainant's application the Secretary General was merely applying the rules, and there was no breach of due process since it was still open to her to seek help from a fellow staff member."
Reference(s)
Organization rules reference: CCC STAFF RULE 29.2(D)
Keywords:
counsel; due process; enforcement; internal appeal; official; procedure before the tribunal; staff regulations and rules;
Judgment 1609
82nd Session, 1997
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The impugned letters from the administration purport to answer letters from the complainants. "Though the Director of personnel warns that their letters do not 'offer an adequate basis for a decision' and explains that the Director-General has taken his decision 'independently' of the [...] complaints, the letters constantly cite them and indeed in so many words reject several claims as irreceivable or devoid of merit. In the circumstances the complainants were free to treat the Director's letters as final decisions rejecting their [...] complaints, and appeal then lay to the Tribunal."
Keywords:
complaint; decision; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 1541
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Refusal to answer an appeal is not obstruction: the litigant may still appeal to the Tribunal against the implied rejection. [...] Moreover, the President of the Office pleads the need to keep down the amount of internal litigation so as not to overload the administration with pointless work and expenditure. He has thereby assessed the Organisation's interests and made an exercise of discretion with which the Tribunal may not interfere in the circumstances of this case."
Keywords:
complaint; direct appeal to tribunal; discretion; executive head; failure to answer claim; iloat statute; implied decision; internal appeal; internal remedies exhausted; judicial review; organisation's duties; organisation's interest; procedure before the tribunal; right of appeal;
Judgment 1534
81st Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The FAO submits that his complaint is irreceivable because he has failed to exhaust his internal remedies. Though he filed before he got the final decision [...] the Committee took a whole year to come up with a three-page report and the Director-General another five months to let the complainant have a decision. Such delays are exorbitant and unpardonable. Under the circumstances the complainant was entitled to come straight to the Tribunal without waiting any longer for a reply from the Director-General. The objections to receivability fail."
Keywords:
administrative delay; complaint; date of notification; delay; direct appeal to tribunal; exception; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; receivability of the complaint;
Judgment 1526
81st Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Director-General having waived, in accordance with Staff Rule 1240.2, the complainant's obligation to go through the internal appeal procedure, she has exhausted the remedies open to her within the Organization, as Article VII(1) of the Tribunal's Statute required her to do."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: WHO STAFF RULE 1240.2
Keywords:
complaint; direct appeal to tribunal; exception; executive head; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint; staff regulations and rules;
Judgment 1519
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The organization "objects that [one of] the complainants' [pleas] is irreceivable because they did not put it forward in support of their original claim. The objection is mistaken: receivability depends on the making of prior claims, not of prior pleas. [...] They may enter whatever pleas they like, including any they did not make in support of their internal appeal."
Keywords:
claim; complaint; internal appeal; new claim; new plea; receivability of the complaint;
Judgment 1518
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11-12
Extract:
The President's decision on the complainant's internal appeal was made on the strength of internal correspondence that the complainant had never seen and that the Appeals Committee had never considered. "That constituted a gross breach of due process." Because of the breach of Article 113(1) of the Staff Regulations on the procedure before the Appeals Committee the President's decision must be set aside.
Reference(s)
Organization rules reference: ARTICLE 113(1) OF EPO'S SERVICE REGULATIONS
Keywords:
breach; case sent back to organisation; consequence; decision; decision quashed; flaw; internal appeal; internal appeals body; procedural flaw; procedure before the tribunal; right to reply; staff regulations and rules;
Judgment 1516
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The complainant seeks "damages for the material and moral injury she has sustained on account of UNESCO's refusal to take up her claim. The Tribunal is satisfied on the evidence that the defendant has been guilty of wrongful dilatoriness and shifts of position. It will award her damages for moral injury on that count, and in the light of all the circumstances of the case it sets the amount ex aequo et bono at 5,000 dollars."
Keywords:
administrative delay; internal appeal; material damages; moral injury; procedure before the tribunal;
Judgment 1486
80th Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"It is true that Article VII(1) of the Tribunal's Statute requires a complainant, before he files suit with the Tribunal, not just to apply for internal review but also to await the outcome of the internal proceedings. Yet that is not a hard-and-fast rule, even though the Statute does not allow any express derogation. If a complainant does his utmost to procure a decision, and if nevertheless the internal appeals body evinces by its statements or conduct an intention not to report within a reasonable time, justice requires that an exception be made. A mere failure to proceed with all proper speed and diligence is not enough: it is only if the proceedings have been so protracted that the delay is inordinate, unexplained and inexcusable that such an intention will be inferred: see Judgments 408 [...] and 451 [...]."
Reference(s)
ILOAT reference: Article VII(1) of the Statute
ILOAT Judgment(s): 408, 451
Keywords:
administrative delay; case law; exception; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Consideration 13
Extract:
"The complainant had done everything in his power to exhaust his internal remedies and [at a certain date] it was quite clear that the internal process of review would not be concluded within a time which the Tribunal may regard as reasonable in the circumstances. [...] The complaint is therefore receivable."
Keywords:
administrative delay; exception; iloat statute; internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Judgment 1471
80th Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The Tribunal holds that the process of appeal has [...] been set at nought because neither board of appeal had at its disposal the information necessary for consideration of the case. The proper procedure is to return the case to the Regional Board so that it may resume proceedings with the Selection Committee's full records at its disposal."
Keywords:
flaw; internal appeal; internal appeals body; procedural flaw;
Judgment 1469
80th Session, 1996
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"To satisfy the requirement in Article VII(1) the complainant must not only follow the prescribed internal procedure for appeal, but follow it properly and in particular observe any time limit that may be set for the purpose for internal procedures."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
complaint; delay; iloat statute; internal appeal; internal remedies exhausted; procedure before the tribunal; receivability of the complaint;
Judgment 1464
80th Session, 1996
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant contends that her complaint is receivable because she may act under Article VII(3), the organization having failed to take its decision on her appeal within the sixty days' time limit set in that provision. But her reading of VII(3) is mistaken. It does not require that the process of appeal be completed within sixty days."
Reference(s)
ILOAT reference: ARTICLE VII(3) OF THE STATUTE
Keywords:
complaint; iloat statute; implied decision; internal appeal; internal remedies exhausted; interpretation; receivability of the complaint; time limit;
Judgment 1452
79th Session, 1995
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant has come to the Tribunal without waiting for the completion of the internal appeal procedure and for the final decision by the Director-General that will result therefrom. He has therefore failed to exhaust the means of internal appeal and there is no final decision yet for him to impugn. Article VII(3) does not apply."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords:
absence of final decision; cause of action; complaint; direct appeal to tribunal; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint;
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