Internal appeal (86, 87, 668, 695, 752, 783,-666)
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Keywords: Internal appeal
Total judgments found: 463
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Judgment 4184
128th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant mainly challenges the alleged misuse of short-term contracts in her case, the non-extension of her last contract and the allegedly incorrect classification of her job.
Consideration 4
Extract:
The Tribunal, in Judgment 3704, in considerations 2 and 3, recalled that the time limits for internal appeal procedures and the time limits in the Tribunal’s Statute serve the important purposes of ensuring that disputes are dealt with in a timely way and that the rights of parties are known to be settled at a particular point of time. The Tribunal’s rationalisation of this general principle may be summarized as follows: time limits are an objective matter of fact and strict adherence to them is necessary to ensure the stability of the parties’ legal relations. However, there are exceptions to this general principle laid down in the Tribunal’s case law. One of them is the case where the defendant organisation misled the complainant, depriving him of the possibility of exercising his right of appeal in violation of the principle of good faith (see, for example, Judgment 2722, consideration 3, and Judgment 3311, considerations 5 and 6). The Tribunal also recalls that a complaint against an implied rejection may be deemed receivable, notwithstanding the expiry of the time limit for filing a complaint, if a particular step taken by an organisation, such as sending a dilatory reply to the complainant, might give that person good reason to infer that his or her claim is still under consideration (see Judgment 2901, consideration 10).
Reference(s)
ILOAT Judgment(s): 2722, 2901, 3311, 3704
Keywords:
implied rejection of internal appeal; internal appeal; late appeal; receivability of the complaint;
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; internal appeal; late appeal;
Judgment 4173
128th Session, 2019
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to assign her to another duty station.
Consideration 12
Extract:
As stated in Judgment 3531, consideration 4, the Tribunal has “consistently held that international organisations have a duty to ensure that internal appeals are conducted with due diligence and with due regard to the duty of care owed to staff members (see, in particular, Judgment 2522)”. It is recognized that the time an appeal might reasonably take will usually depend on the specific circumstances of a given case. At the same time, as the Tribunal stated in Judgment 3688, consideration 6, citing Judgment 2904, consideration 15:
“According to well-established case law, ‘[s]ince compliance with internal appeals procedures is a condition precedent to access to the Tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed’ (see Judgment 2197, under 33).”
Reference(s)
ILOAT Judgment(s): 2197, 2522, 2904, 3531, 3688
Keywords:
duty of care; internal appeal;
Judgment 4171
128th Session, 2019
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to dismiss her internal complaints of moral harassment.
Consideration 5
Extract:
[T]he Tribunal will rely on the findings of the Appeals Board and, since no manifest error is apparent, will take for established the facts as the Board ascertained them. As the Tribunal has stated in its case law, an internal appeals body plays a fundamental role in the resolution of disputes, owing to the guarantees of objectivity derived from its composition, its extensive knowledge of the functioning of the organisation and the investigative powers granted to it. It gathers the evidence and testimonies that are necessary in order to establish the facts, as well as the data needed for an informed assessment thereof (see, for example, Judgments 2295, consideration 10, and 3424, consideration 11).
Reference(s)
ILOAT Judgment(s): 2295, 3424
Keywords:
internal appeal; internal appeals body; judicial review;
Judgment 4168
128th Session, 2019
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the retroactive calculation of his salary after he was promoted.
Consideration 2
Extract:
The Tribunal considers it regrettable that the complainant’s internal complaint was not examined. Firstly, since Article VII, paragraph 1, of the Statute of the Tribunal does not permit the filing of a complaint before the Tribunal unless the complainant has exhausted internal means of redress, officials are entitled to expect that the organisation which employs them will deal with their appeals without requiring them to file a complaint with the Tribunal in order to assert their claims. Secondly, as the Tribunal has often recalled, one of the main justifications for the mandatory nature of an internal appeal procedure is to enable the Tribunal, in the event that a complaint is ultimately filed, to have before it the findings of fact, items of information or assessment resulting from the deliberations of appeal bodies. Appeal bodies play a fundamental role in the resolution of disputes, owing to the guarantees of objectivity derived from their composition and their extensive knowledge of the functioning of the organisation (see Judgments 4072, under 1, and 3424, under 11(b)). In this case, it appears to the Tribunal that the input of an internal appeal body would have been particularly helpful given the highly technical nature of the case.
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 3424, 4072
Keywords:
internal appeal;
Judgment 4158
128th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant submits that WIPO has not fully compensated her for the injury that she suffered as a result of being subjected to harassment.
Consideration 10
Extract:
The Tribunal notes that there is no rule which obliges the Organization to defray legal costs incurred in the context of internal appeal proceedings (see Judgments 2996, consideration 23, and 221, consideration 7).
Reference(s)
ILOAT Judgment(s): 221, 2996
Keywords:
costs; internal appeal;
Judgment 4157
128th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the amount of compensation awarded for the moral injury she suffered because her evaluation for 2013 was irregular and contests the partial modification thereof.
Consideration 13
Extract:
As regards costs relating to the internal appeal, [...] the Tribunal notes that there is no rule which obliges the Organization to defray legal costs incurred in the context of internal appeal proceedings. In these circumstances, it was open to the Director General to refuse to reimburse them (see Judgments 2996, consideration 23, and 221, consideration 7).
Reference(s)
ILOAT Judgment(s): 221, 2996
Keywords:
costs; internal appeal;
Judgment 4156
128th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the amount of compensation awarded for the moral injury she suffered because her evaluation for 2012 was irregular.
Consideration 8
Extract:
As regards costs relating to the internal appeal, [...] the Tribunal notes that there is no rule which obliges the Organization to defray legal costs incurred in the context of internal appeal proceedings. In these circumstances, it was open to the Director General to refuse to reimburse them (see Judgments 2996, consideration 23, and 221, consideration 7).
Reference(s)
ILOAT Judgment(s): 221, 2996
Keywords:
costs; internal appeal;
Consideration 9
Extract:
[T]he Tribunal considers that there are no grounds for awarding costs in respect of the internal appeal proceedings, since such costs may only be awarded under exceptional circumstances, which do not exist in the present case.
Keywords:
costs; internal appeal;
Judgment 4141
128th Session, 2019
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision of the CTA to reject his proposal to negotiate an agreed termination of his employment contract.
Consideration 12
Extract:
[T]he complainant [...] contends [...] that the new administrative tribunal established at the CTA does not, for various reasons, provide the requisite guarantees of independence and impartiality. However, not only is the Tribunal, which is not competent to comment on the qualities and merits of another international tribunal, obviously not able to give credit to such criticisms, but the pleas invoked would not in any case be of such a nature as to allow it to disregard the aforementioned statutory provisions requiring recourse to the conciliation procedure before filing a complaint with the Tribunal. It should further be noted that this plea wrongly disregards the very purpose of this procedure, which is to enable the complainant to resolve the dispute with the CTA by an agreement. Lastly, the fact, also pointed out by the complainant, that the CTA’s new administrative tribunal was not established at the time the present complaint was filed has no bearing on its receivability.
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 4140
128th Session, 2019
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to summarily dismiss her for serious misconduct during her probation period.
Consideration 9
Extract:
As the Tribunal has often recalled, a staff member may not on her or his own initiative evade the obligation to exhaust internal means of redress prior to lodging a complaint with the Tribunal (see, for example, Judgments 2811, considerations 10 and 11, 3399, consideration 4, 3706, consideration 3, or 4056, consideration 5). A complainant cannot, in particular, claim to have respected this obligation simply because she or he has – as the complainant sought to do, in this case, by means of her letter of 3 December 2016 – sent an ultimatum to the decision-making authority to no avail (see Judgments 3302, consideration 4, or 3554, consideration 8).
Reference(s)
ILOAT Judgment(s): 2811, 3302, 3399, 3554, 3706, 4056
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint;
Consideration 6
Extract:
According to the Tribunal’s case law, an international organization is under an obligation, in view of its duty of care towards its staff, to assist them when they make mistakes in exercising their right of appeal. In particular, if a staff member has mistakenly addressed an appeal to the wrong body, that body is required to forward the appeal to the competent body (see, for example, Judgments 2345, consideration 1, 3423, consideration 9(b), 3754, consideration 11, or 3928, consideration 14).
This case law [...] aims at preventing the procedural rules from wrongly becoming a trap for a staff member who misunderstands the procedure for exercising her or his right of appeal [...].
Reference(s)
ILOAT Judgment(s): 2345, 3423, 3754, 3928
Keywords:
duty of care; internal appeal;
Judgment 4139
128th Session, 2019
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her fixed-term contract as a result of her post having been abolished.
Consideration 6
Extract:
[T]he fact, also relied on by the defendant, that the Executive Director had dismissed the complainant’s appeal against the decision of the Head of the Human Resources Department – which he could only have done by disavowing the latter and putting the organization in a delicate position – did not imply that he would necessarily have taken the same initial decision that she had.
Keywords:
delegated authority; executive head; internal appeal;
Judgment 4103
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to grant him mission status during the first six months of his assignment to a field post.
Consideration 1
Extract:
[A] complaint will not be receivable unless the impugned decision is a final decision and the complainant has exhausted all the internal means of redress. This means that a complaint will not be receivable if the underlying internal appeal was not filed within the applicable time limits. As the Tribunal has consistently stated, the strict adherence to time limits is essential to have finality and certainty in relation to the legal effect of decisions. When an applicable time limit to challenge a decision has passed, the organisation is entitled to proceed on the basis that the decision is fully and legally effective (see Judgment 3758, under 10 and 11, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 3758
Keywords:
failure to exhaust internal remedies; internal appeal; internal remedies exhausted; late appeal; receivability of the complaint; time limit;
Judgment 4101
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who alleges that he was subjected to moral harassment, challenges the refusal to extend his special leave without pay and to grant him certain accommodations with regard to his working arrangements.
Consideration 3
Extract:
The Tribunal has consistently held that a complainant must not only have exhausted all internal remedies within his organization but also have duly complied with the rules governing the internal appeal procedure. Thus, if the internal appeal was irreceivable under those rules, the complaint filed with the Tribunal will also be irreceivable under Article VII, paragraph 1, of the Statute of the Tribunal (see Judgment 1244, consideration 1).
Reference(s)
ILOAT Judgment(s): 1244
Keywords:
failure to exhaust internal remedies; internal appeal; internal remedies exhausted; late appeal; receivability of the complaint; time bar;
Judgment 4063
127th Session, 2019
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment on disciplinary grounds.
Consideration 5
Extract:
[W]hile the Appeals Board did express an opinion on the complainant’s pleas concerning [...], it did not, however, mention the many other pleas of a procedural nature raised by the complainant. [...] Thus, the Appeals Board did not examine all of the complainant’s pleas. In addition, the Director-General did not address those pleas in her decision of 2 August 2016 either. Accordingly, the right of the complainant to an effective internal appeal was denied. The decision impugned is thus unlawful, which justifies it being set aside.
Keywords:
impugned decision; internal appeal; internal appeals body; right of appeal;
Judgment 4040
126th Session, 2018
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her request for the reclassification of her post.
Consideration 12
Extract:
The word “appeal” can comprehend a range of diverse procedures. In some contexts it will be a reference to a complete reconsideration of the subject matter of the appeal without regard to the views of the body from which the appeal is brought. In such a case, the appeal body makes a decision or assessment afresh. In other contexts it might involve an assessment of whether an error was made by the body from whom the appeal is brought and in the absence of error, the appeal will be unsuccessful. If error is identified, the role of the appeal body may be to make the decision or assessment itself or it may be to remit the matter to the body from whom the appeal was brought. Ultimately, what is comprehended by the word “appeal” must be determined by reference to the context in the normative legal document in which the appeal process is established.
Keywords:
internal appeal;
Judgment 4037
126th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-renewal of her temporary appointment.
Consideration 15
Extract:
The Tribunal recalls that, according to its case law, officials are entitled to expect that their case will be dealt with by the internal appeal body within a reasonable time (see, for example, Judgment 3336, under 6). In this case, the Tribunal considers that while the complainant was partly responsible for the delay of which she complains insofar as she had requested and obtained a two-month extension of the time limit for submitting her rejoinder, the internal proceedings lasted an excessively long time having regard to the nature of the case. Their length caused the complainant moral injury, entitling her to damages [...].
Reference(s)
ILOAT Judgment(s): 3336
Keywords:
delay; internal appeal; moral injury; reasonable time;
Judgment 4031
126th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the step level he was placed in upon implementation of a new local salary scale for General Service staff in New Delhi, India.
Consideration 8
Extract:
The complainant submits that he suffered injury as a consequence of the “inordinate, inexplicable and inexcusable” delay in the internal appeal process. He seeks moral damages on this account. The Tribunal has relevantly stated as follows in Judgment 3160, consideration 17:
“The amount of compensation for unreasonable delay will ordinarily be influenced by at least two considerations. One is the length of the delay and the other is the effect of the delay. These considerations are interrelated as lengthy delay may have a greater effect. That latter consideration, the effect of the delay, will usually depend on, amongst other things, the subject matter of the appeal. Delay in an internal appeal concerning a matter of limited seriousness in its impact on the appellant would be likely to be less injurious to the appellant than delay in an appeal concerning an issue of fundamental importance and seriousness in its impact on the appellant.”
Reference(s)
ILOAT Judgment(s): 3160
Keywords:
delay in internal procedure; internal appeal; moral injury; patere legem; reasonable time;
Judgment 4028
126th Session, 2018
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge Service Order No.14/10 changing the health insurance scheme at the ITU, as well as individual decisions implementing that service order.
Consideration 2
Extract:
[W]hen an internal appeal is tainted with a flaw – other than late submission – which prevents it from being considered as properly filed, it is for the appeals body, in the exercise of its duty of care, to enable the appellant to correct the appeal by granting her or him a reasonable period of time in which to do so (see Judgments 3943, under 5, and 3127, under 10)[.]
Reference(s)
ILOAT Judgment(s): 3127, 3943
Keywords:
duty of care; internal appeal;
Consideration 8
Extract:
It is apparent from these conclusions and recommendations that the Appeal Board did not give an opinion on the merits of the appeal. As a result, the complainants were deprived of an essential safeguard inherent in their right of appeal, namely that the Secretary-General be informed by the Board’s opinion when taking his final decision.
It follows that the impugned decision is unlawful as it was not taken in the light of such an opinion.
Keywords:
internal appeal; internal appeals body;
Judgment 4027
126th Session, 2018
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the lawfulness and outcome of several competitions in which he participated.
Considerations 4-5
Extract:
The Tribunal recalls that the internal appeal body’s consideration of the appeal is vitally important and, in particular, enables the official to decide whether or not to bring further proceedings, notable before the Tribunal. Thus, the Tribunal found in Judgment 3424, under 11, that, “apart from the fact that the review of a disputed decision in an internal appeal procedure may well suffice to resolve a dispute, one of the main justifications for the mandatory nature of such a procedure is to enable the Tribunal, in the event that a complaint is ultimately lodged, to have before it the findings of fact, items of information or assessment resulting from the deliberations of appeal bodies, especially those whose membership includes representatives of both staff and management, as is often the case (see, for example, Judgments 1141, under 17, or 2811, under 11). [...] [T]he [a]ppeal body plays a fundamental role in the resolution of disputes, owing to the guarantees of objectivity derived from its composition, its extensive knowledge of the functioning of the organisation and the broad investigative powers granted to it. By conducting hearings and investigative measures, it gathers the evidence and testimonies that are necessary to establish the facts, as well as the data needed for an informed assessment thereof.”
In this case, the Appeal Board’s report, consisting of five essential points, does not provide full details of the disputed competition procedures, since the Board merely presents its findings without listing the complainant’s arguments or providing a preliminary discussion allowing its position to be understood. This very succinct report does not enable the Tribunal to ascertain whether the Board considered the disputed competition procedures in sufficient depth. Since the plea of a breach of the right to an effective internal appeal is well founded, the impugned decision must be set aside for that reason, without there being any need to rule on the complainant’s other pleas concerning the lawfulness of the internal appeal proceedings.
Reference(s)
ILOAT Judgment(s): 1141, 2811, 3424
Keywords:
appraisal of evidence; internal appeal; internal appeals body; right of appeal;
Judgment 4009
126th Session, 2018
Energy Charter Conference
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend his fixed-term contract following the abolition of his post, but to give him a Project Staff contract.
Considerations 10 &14
Extract:
As the defendant organisation notes, the complainant’s “request” to have his fixed-term contract redefined was not submitted to the Advisory Board. It is true that in his internal appeal the complainant asked only to have his fixed-term contract extended for one year. The Tribunal’s case law clearly establishes that a complainant’s claims must not exceed in scope the claims submitted during the internal appeal process. However, a complainant is not precluded from advancing new pleas, as the present complainant does, before the Tribunal even if these pleas were not placed before the internal appeal body (see Judgments 3686, under 22, and 2571, under 5). [...]
As stated in consideration 10, [..] the Tribunal considers that a complainant may advance a new plea before the Tribunal, even if it was not placed before the internal appeal body.
Reference(s)
ILOAT Judgment(s): 2571, 3686
Keywords:
internal appeal; new claim; new plea; receivability of the complaint;
Judgment 4008
126th Session, 2018
Energy Charter Conference
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: In her first complaint, the complainant challenges the decision not to extend her fixed-term contract following the abolition of her post, but to give her a Project Staff contract. In her second complaint, she challenges three vacancy notices concerning C category posts and in her third complaint, she challenges the rejection of her application for two of these posts.
Consideration 14
Extract:
The Tribunal considers that a complainant may advance a new plea before the Tribunal, even if it was not placed before the internal appeal body (see Judgments 3686, under 22, and 2571, under 5).
Reference(s)
ILOAT Judgment(s): 2571, 3686
Keywords:
internal appeal; new plea; receivability of the complaint;
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