Internal appeal (86, 87, 668, 695, 752, 783,-666)
You searched for:
Keywords: Internal appeal
Total judgments found: 463
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Judgment 532
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
Vide Judgment 533, considerations 4 and 5.
Reference(s)
ILOAT Judgment(s): 533
Keywords:
absence of final decision; express decision; failure to answer claim; implied decision; internal appeal; internal remedies exhausted;
Judgment 522
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
For having failed to indicate before the Appeals Board that the internal appeal against a decision dating from 11 December 1980 was out of time [the organization had argued on the basis of a letter of 22 November 1978 which cannot, according to the Tribunal, be regarded as a decision], the organization cannot to any useful purpose put the argument before the Tribunal. The argument is neither clear nor binding. It is unclear why the organization did not take the point during the internal appeal. In failing to do so, it may have prejudiced the complainant's position.
Keywords:
internal appeal; new plea; organisation; receivability of the complaint; reply; time bar;
Judgment 518
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"That an intervener in a case before the Tribunal may have already filed an internal appeal and had it rejected, and that he has not himself filed a complaint with a tribunal, does not prevent him from applying to intervene in such a complaint provided he complies with the requirements of Article 17 of the Rules of court and Article II of the Statute and provided the judgment to be given by the Tribunal may affect his rights."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE;
ARTICLE 17 OF THE RULES
Keywords:
internal appeal; intervention; receivability of the complaint; time bar;
Judgment 516
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
After the lodging of an internal appeal - the complainant sought a further short-term appointment - an extension was granted from 1 April to 31 May. A further extension was granted retroactively on 3 November from 31 May to 31 July. "None of this means [...] that the appeal was allowed or that the [...] complaint is therefore without substance. The two short extensions were granted for compassionate reasons, and they were not tantamount either to acceptance of the appeal or to an offer of any further short-term appointment. Accordingly the complainant still has a cause of action and the Tribunal will hear his claims for relief."
Keywords:
cause of action; contract; extension of contract; fixed-term; internal appeal; non-renewal of contract; receivability of the complaint; short-term;
Judgment 500
48th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"It does not appear that [the complainant] did appeal to the Director-General [as required under the applicable provisions]. His counsel may have written letters to the Director-General but the evidence does not show that they filed any claim in the proper sense of an appeal seeking the quashing or amendment of a decision. No internal appeal having been made and the internal means of redress not being exhausted, the claims are irreceivable."
Keywords:
absence of final decision; formal requirements; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 499
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Article VII[1] does not lay down an absolute rule. A complainant may abandon the internal proceedings even before a decision is taken and may appeal directly to the Tribunal when the appeals body fails to report and there is no reason to suppose from the evidence that it is likely to do so within a reasonable period. But it must be quite clear from the evidence that there is no decision, and only in quite exceptional cases will the Tribunal find that the condition is met."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
exception; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Considerations
Extract:
In May the complainant made known his intention to appeal against the transfer. The Director-General replied that he was willing to refer the matter to the Joint Committee. In August the administration said the Director-General, who was absent, had received a recommendation to that effect. In September it told the complainant that the matter would be put to the Committee. "These shifting attitudes, which in the end came to nothing and spanned four months, constitute exceptional circumstances and warranted a direct complaint to the Tribunal."
Keywords:
administrative delay; direct appeal to tribunal; exception; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 496
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
"The organization contends that the appeal was irreceivable by the [Appeal] Board and is therefore irreceivable by the Tribunal. [...] The complaint had been dismissed by the Tribunal under Judgment No. 408 [...] [this] ground fails. The appeal was dismissed as irreceivable. Such a dismissal constitutes no barrier to a second presentation if the objection of irreceivability can be overcome."
Reference(s)
ILOAT Judgment(s): 408
Keywords:
complaint; internal appeal; receivability of the complaint;
Judgment 489
48th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The time limit does not run from the date of the two communications from the organization which said that the complainants request was still under review, and they therefore did not constitute final rejection of his claim. "An appeal against either of those replies was therefore premature, the [organization] not having taken, by [the date when the internal appeal was filed], any final decision expressly rejecting the complainant's request." The Director-General was correct in deciding that the complainant's internal appeal was irreceivable. The complaint is dismissed.
Keywords:
absence of final decision; internal appeal; internal remedies exhausted; receivability of the complaint;
Summary
Extract:
Under the Rules a claim is deemed to have been rejected if no definitive reply has been made within three months. The request for reclassification was submitted on 29 November 1979; three months later, on 1 March 1980, having received no reply, the complainant's request must be deemed to have been rejected. The complainant waited until 16 July 1980 to appeal to the internal appeals body. In the meantime, on 25 March and 19 June, he had been informed that the matter was being studied. The Director-General was correct in deciding that the internal appeal was irreceivable: there had been no final decision expressing rejection. The complaint is dismissed.
Keywords:
absence of final decision; failure to answer claim; internal appeal; receivability of the complaint;
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 474
47th Session, 1982
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The Staff Rules preclude appeals against non-renewal of appointment. The material provision "does have force within the organisation in that it preclude bringing certain appeals to the Director-General. [It] is not binding on the Tribunal, whose jurisdiction has been unconditionally recognised by the organisation and which will itself determine whether a complaint is receivable."
Keywords:
competence of tribunal; contract; fixed-term; iloat statute; internal appeal; non-renewal of contract; provision; receivability of the complaint; right of appeal;
Judgment 466
47th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Although there was no internal appeal, there has been no breach of Article VII[1] of the Statute of the Tribunal, which the organisation itself believes to be inapplicable to this case." The organisation pointed out that the usual internal remedies were not applicable inasmuch as there was a special procedure involving a reports board which had expressed its opinion on the case. The filing of an internal appeal would probably not have affected the outcome of the complainant's situation.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
exception; internal appeal; internal remedies exhausted; performance report; procedure before the tribunal;
Judgment 461
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant did not file his internal appeal through the usual channels set out in the Staff Regulations. Besides, for there to be an appeal the person concerned must have clearly indicated his intention to challenge the decision to which he objects.
Keywords:
condition; internal appeal; procedure before the tribunal; receivability of the complaint;
Judgment 456
46th Session, 1981
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1-2
Extract:
The ninety-day time limit set in Article VII, paragraph 2, of the Statute of the Tribunal will run from the date of expiry of the sixty-day time limit set in paragraph 3. The text of Article VII, paragraph 3, expressly provides for the addition of the two time limits and thus renders irreceivable any complaint filed after the expiry of the 150 days.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 2 AND 3, OF THE STATUTE
Keywords:
iloat statute; internal appeal; internal remedies exhausted; start of time limit; time limit;
Judgment 451
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The rule that a complaint shall be receivable only if the internal means of redress have been exhausted is not a hard and fast one even though the Statute does not allow any derogation from it. If a complainant does all in her power to procure a decision and if nevertheless the internal appeals body either by its statements or by its conduct evinces an intention not to give a decision within a reasonable period, justice requires that an exception should be made. [...] When the delay is inordinate and inexcusable, such an intention can be inferred."
Keywords:
administrative delay; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Judgment 440
45th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complaint objects to the fact that he was not asked to comment on the appraisal report before being told of the decision to terminate his appointment. The irregularity is admitted by the organisation but was corrected in his appeal to the Director-General, which gave him every opportunity to make whatever comments he wished. The argument would succeed only if the Director-General's competence had been more limited than that of the author of the report. However, like the latter, the Director-General made an unfettered assessment of all factual and legal aspects of the case.
Keywords:
internal appeal; probation report; right to reply;
Judgment 435
45th Session, 1980
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"This rule means, first, that the complaint to the Tribunal must rely on the same essential facts, i.e. issues, as those relied on in the internal appeal proceedings and, secondly, that the complainant's claims must not exceed in scope the claims he submitted in those proceedings. There is nothing, however, to prevent him from making submissions which he did not make in the internal proceedings. Since the Tribunal will apply the law proprio motu, there is no reason to forbid the complainant to draw to its attention considerations which it may take into account of its own accord."
Keywords:
application of law ex officio; complaint; internal appeal; internal remedies exhausted; new claim; new plea; receivability of the complaint;
Consideration 2(A)
Extract:
The complainant claimed compensation for bodily injury in an appeal submitted to the internal appeals board. He claims compensation for loss of earning capacity resulting from the same injury in his claim to the Tribunal. The principle that the facts relied on in the internal proceedings should be the same as those relied on in the complaint to the Tribunal has not been infringed. However, in the internal appeal he claimed compensation of 18,000 francs but is now asking the Tribunal to grant him a larger sum. Insofar as he is seeking compensation exceeding 18,000 francs his complaint is irreceivable.
Keywords:
amount; complaint; difference; incapacity; internal appeal; invalidity; material damages; new claim; receivability of the complaint;
Judgment 424
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"First, if the organization grants a salary increase, not of its own accord, but as the result of appeal proceedings duly introduced by the official, the increase will take effect from the date on which the proceedings were introduced. Otherwise an official who obtains satisfaction without taking action would enjoy an unfair advantage over an official who has been obliged to take steps to pursue his claim. Secondly, if the transfer procedure is unreasonably prolonged for causes attributable to the organization, the official should not suffer for the delay. The increase will therefore take effect on the date on which it ought to have been granted."
Keywords:
date; effective date; increase; internal appeal; salary;
Judgment 423
45th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
When a staff member seeks further information and explanations on a decision which the organisation has notified to him, there is reason to believe that his own opinion differs from the organisation's. But merely to state that there is absence of agreement will not suffice to constitute a complaint. The internal means of appeal, which require that a complaint is submitted to the competent authority, were not exhausted when the complaint was filed; the complaint is dismissed.
Keywords:
condition; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 421
45th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Facts (D)
Extract:
"the [organisation] observes that the complainant filed his complaint before the 60 days specified in article vii, paragraph 3, of the statute of the tribunal had expired. since, however, the 60 days have now elapsed and he has not yet had a decision taken on his claim, the [organisation] will not contest the receivability of his complaint."
Reference(s)
ILOAT reference: ARTICLE VII PARAGRAPH 3 OF THE ILOAT STATUTE
Keywords:
direct appeal to tribunal; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; receivability of the complaint; time limit;
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