Internal appeal (86, 87, 668, 695, 752, 783,-666)
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Keywords: Internal appeal
Total judgments found: 455
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Judgment 1007
68th Session, 1990
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's first internal appeal against the denial of promotion was considered receivable but failed. A second appeal which he filed one year later was not treated as such by the organization. The second appeal had the same wording at the beginning and end as the first. The Tribunal holds that the Director-General should have treated the appeal as such and forwarded it to the secretariat of the Joint Advisory Appeals Board in keeping with Article R B 2.07 of Annex R B 2 of the CERN Staff Regulations. The case is remitted to the organization.
Reference(s)
Organization rules reference: ARTICLE R B 2.07 OF ANNEX R B 2 OF THE CERN STAFF RULES
Keywords:
case sent back to organisation; decision quashed; formal requirements; further submissions on the merits; internal appeal; receivability of the complaint;
Judgment 999
68th Session, 1990
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Breach of the Staff Regulations and of general principles, including breach of due process, is a flaw in the appeal proceedings which also taints the impugned decision, and for that reason the [final] decision [to confirm the complainant's dismissal for grave misconduct] cannot stand. What does stand, however, since it is only the appeal proceedings that were improper, is the prior decision [of dismissal]." "The complainant duly filed his internal appeal with the Regional Board, and the Organization shall resume the internal appeal proceedings. The competent authorities shall reconsider the internal appeal in the light of the submissions already made by WHO and by the complainant and any further submissions the parties may make in adversarial proceedings".
Keywords:
case sent back to organisation; decision quashed; flaw; internal appeal; misconduct; procedural flaw; right to reply; termination of employment;
Judgment 997
68th Session, 1990
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"As the Tribunal held in Judgment 647, provided a communication takes the form of a decision, its lawfulness is immaterial for the purpose of lodging an appeal." In the circumstances of the case the complainant's internal appeal against a decision requiring him to take home leave before a specified date was time-barred. The complaint is irreceivable.
Reference(s)
ILOAT Judgment(s): 647
Keywords:
consequence; decision; flaw; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 995
68th Session, 1990
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"According to Article VII(1) of the Tribunal's Statute a complaint shall not be receivable unless the impugned decision is final, the complainant having exhausted the means of redress available to him under the staff regulations. That constitutes a requirement to follow any internal procedure laid down in the Staff Regulations: the staff member must not only respect the time limits for appeal but also comply with any stipulations as to procedure in the Regulations or Implementing Rules."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
enforcement; internal appeal; internal remedies exhausted; procedure before the tribunal; receivability of the complaint; staff regulations and rules; time limit;
Summary
Extract:
According to paragraphs 7 and 9 of the Statutes of the UNESCO Appeals Board, appeals must be presented by the official concerned or, on his behalf, by any other member of the Secretariat stationed at headquarters. The complainant was represented by a lawyer before the Appeals Board and thereby failed to comply with the prescribed procedure. His complaint is accordingly irreceivable. The Tribunal remarks that as lawyers ordinarily have access to any judicial body the rules governing the internal appeals procedure would not be admissible before a court of law. But under the circumstances of the instant case the rules in the Board's Statutes must be construed strictly.
Reference(s)
Organization rules reference: PARAGRAPHS 7 AND 9 OF THE STATUTES OF THE UNESCO APPEALS BOARD
Keywords:
complainant; counsel; enforcement; formal requirements; internal appeal; internal appeals body; procedure before the tribunal; receivability of the complaint; staff regulations and rules;
Judgment 977
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Having made his 13.1 request for review on 7 October 1987, the complainant submitted a 'complaint' under 13.2 on 8 April 1988. The lodging of the 13.1 request and the substance of it show that the complainant had become aware of the 'treatment complained of' over six months before he lodged his 'complaint', and it was therefore out of time under 13.2."
Reference(s)
Organization rules reference: ARTICLE 13.1 OF THE ILO STAFF REGULATIONS;
ARTICLE 13.2 OF THE ILO STAFF REGULATIONS
Keywords:
date of notification; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 960
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organisation argues that the complainant's internal appeal against the application of the amended scale of pensionable remuneration was time-barred. The plea fails. The Tribunal holds that "although [the complainant] must have known for over two years that amending the scale would have consequences when she left she could not know what the financial consequences would be."
Keywords:
amendment to the rules; amount; consequence; decision; internal appeal; pension; pensionable remuneration; receivability of the complaint; reduction of salary; retirement; scale; separation from service; start of time limit; time bar; time limit;
Judgment 955
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant's "argument that he was late in discovering that the decision had been unlawful is irrelevant: a time limit is a matter of objective fact and starts when the decision is notified. if that were not so - whatever considerations of equity there might be - there could be no certainty in legal relations between the parties, and such certainty is the whole point and purpose of time limits. An exception might be allowed only if the organisation had acted in bad faith and misled the official."
Keywords:
consequence; decision; exception; flaw; good faith; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
Consideration 4
Extract:
"Article VII[1] of the Tribunal's Statute provides that a complaint will not be receivable unless the official has exhausted the internal means of redress. to satisfy that requirement it is not enough for the official to submit an internal appeal: he must submit it in time."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;
Judgment 944
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The internal appeal was signed by Mr. [E.] whereas the complaint is signed by Mr. [E.]'s wife. "There being no need for a ruling of general purport on the issue, the Tribunal holds that in the circumstances of the case the complaint may be deemed receivable. [...] The complainant's husband, [...] like her, is an official of the EPO; they concur on the material issue and the purpose of the suit relates to a matter of social security for spouses".
Keywords:
complainant; complaint; difference; exception; family relationship; internal appeal; locus standi; marital status; receivability of the complaint;
Judgment 941
65th Session, 1988
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
The organisation maintains that the complaint was time-barred as it was not filed within ninety days of the implied decision to reject it arising out of the administration's silence. The Tribunal holds that "the organisation may not plead its own failure to act. The complainant had good reason to infer [and had done his utmost to ensure] that his claim was still under review."
Keywords:
complaint; failure to answer claim; good faith; implied decision; internal appeal; negligence; organisation; receivability of the complaint; time bar; time limit;
Judgment 939
65th Session, 1988
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 31
Extract:
The complainant "is free to submit to [the Tribunal] a new plea in support of [claims which remain constant]. What he may not do is address to the Tribunal claims he has not already put to the ILO."
Keywords:
complaint; condition; internal appeal; new plea; receivability of the complaint;
Judgment 935
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"No final decision has yet been taken on conclusion of the conciliation procedure. As the organisation observes in its reply, the conciliation procedure does not form part of the appeal proceedings and [...] is not subject to any time limit."
Keywords:
absence of final decision; internal appeal; internal remedies exhausted; procedure before the tribunal; receivability of the complaint; time limit;
Judgment 918
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Provided a communication takes the form of a decision, its lawfulness is immaterial to the reckoning of the time limit: to hold otherwise would impair the stability of the parties' position in law, which is the purpose of the time limit."
Keywords:
consequence; decision; flaw; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 905
64th Session, 1988
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Under Article VII[1] of the Tribunal's Statute a complaint will not be receivable unless it challenges a final decision or, under VII[3], an implied one. Since the organisation did not take an express final decision within 60 days of the date on which the complainant notified his claim by letter of 4 June 1987, his claim is receivable under VII[3] in the same manner as one challenging an express final decision."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE
Organization rules reference: ARTICLES 3.2.1 AND 5.3 OF THE CIPEC STAFF REGULATIONS
Keywords:
failure to answer claim; implied decision; internal appeal; internal remedies exhausted; receivability of the complaint; time limit;
Judgment 894
64th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant's appointment ended in 1976. The complainant lodged an internal appeal in 1984. The complaint is irreceivable.
Keywords:
complaint; internal appeal; receivability of the complaint; separation from service; time bar;
Judgment 887
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7-8
Extract:
"Appeal will lie either against an express decision, described as an 'act adversely affecting' the official, or against rejection inferred from failure to answer a claim. In the latter case, where the decision is implied, the prerequisite is the lodging by the official of a formal appeal with the administration."
Keywords:
complaint; condition; decision; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 882
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant maintains that the time-limit for lodging an internal appeal should run from the date on which he received the first pay-slip showing his new grading. To support that view he cites Judgment No. 753 of 12 June 1986. In the view of the Tribunal, the complainant "misreads Judgment 753: what the Tribunal held was that payment of salary might be treated as a challengeable decision only when there was no other."
Reference(s)
ILOAT Judgment(s): 753
Keywords:
date of notification; decision; formal requirements; internal appeal; payslip; start of time limit; time limit;
Consideration 11
Extract:
"Since the complainant failed to file his internal appeal in time his complaint is irreceivable. According to Article VII of the Statute a complaint is receivable only if the internal means of redress have been exhausted."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;
Judgment 873
63rd Session, 1987
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"What the complainant challenges is a final decision against which he had no internal means of redress within the meaning of Article VII[1] of the Statute of the Tribunal, and he respected the time limit in VII[2]. His complaint is therefore receivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
decision; direct appeal to tribunal; internal appeal; internal remedies exhausted; no provision; receivability of the complaint;
Judgment 872
63rd Session, 1987
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
By virtue of Article LS VI 1.08 of the ESO Staff Regulations and Staff Rules "the Director General may appoint a committee which includes local staff members to advise him on specific cases of disputes and appeals." "The power thus given to the Director General is discretionary. He decided in this case that it was not necessary to appoint a committee to advise him; no reasons have been advanced why his decision should be overruled and it therefore stands unchallenged."
Reference(s)
Organization rules reference: ARTICLE LS VI 1.08 OF THE ESO STAFF REGULATIONS AND STAFF RULES
Keywords:
advisory body; consultation; discretion; internal appeal; internal appeals body; organisation's duties; procedure before the tribunal;
Judgment 858
63rd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was informed on 9 March 1984 of the decision not to extend his sick leave, confirming the date on which he was to be separated. The complainant lodged a protest by letter on 25 July 1984. Although that letter was not in the usual form of an appeal, the organization agreed to treat it as one. The organization's well-meaning offer was expressly turned down by the complainant. His refusal brought an end to contacts between the parties and the complainant never obtained a final decision from the Director-General.
Keywords:
absence of final decision; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 840
63rd Session, 1987
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Under Article R VI 1.03 of the Staff Regulations of the ESO appeals must be addressed to the Director General [...] Here the complainant contends that the notice of appeal contained in a telex message dated 20 March 1986 addressed to the ESO's legal adviser [who is not an ESO staff member] was a valid notice of appeal against a decision notified to the complainant on 21 February 1986. The argument fails because the language of the rules makes it clear beyond doubt that any appeal against a decision taken on behalf of the ESO must be addressed to the organisation, which alone is competent to judge the matter."
Reference(s)
Organization rules reference: ARTICLE R VI 1.03 OF THE ESO STAFF REGULATIONS
Keywords:
formal requirements; internal appeal; internal remedies exhausted; receivability of the complaint;
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