Duty to forward appeal to competent body (752,-666)

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Keywords: Duty to forward appeal to competent body
Total judgments found: 4

• Judgment 4542

  
  134th Session, 2022
  International Fund for Agricultural Development
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges her performance evaluation during her probationary period.

  Consideration 3

  Extract:

  [T]he Tribunal’s settled case law states that an appeal submitted to the wrong authority within the prescribed time limit is not irreceivable on that account, because it is for that authority, in such circumstances, to forward it to the authority which is competent, within the organisation, to hear it (see Judgments 1832, consideration 6, 2017, consideration 6, 2345, consideration 1(b), 2882, consideration 6, 3027, consideration 7, 3423, consideration 9(b), 3424, consideration 8(b), 3425, consideration 7, and 3595, consideration 10). In such a situation, it is therefore not sufficient for the incompetent authority merely to inform the complainant that it is not competent and to suggest that she or he apply to the competent authority (see Judgment 3595, consideration 10).

  Reference(s)

  ILOAT Judgment(s): 1832, 2017, 2345, 2882, 3027, 3423, 3424, 3425, 3595
  

  Keywords:

  duty to forward appeal to competent body; internal appeal;
  

  
  
  

• Judgment 4517

  
  134th Session, 2022
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant seeks restoration of her entitlements to healthcare and health insurance.

  Consideration 6

  Extract:

  Although it is true that the request was sent to the Director of the Human Resources Management Department and not to the Secretary-General as Staff Rule 11.1.2 requires, under the Tribunal’s settled case law according to which rules of procedure must not be construed too pedantically, an internal appeal submitted to the wrong authority is not irreceivable on that account and it is for that authority, in such circumstances, simply to forward it to the one which is competent to hear it (see, for example, Judgments 1832, consideration 6, 3027, consideration 7, or 3424, consideration 8(b)).

  Reference(s)

  ILOAT Judgment(s): 1832, 3027, 3424
  

  Keywords:

  duty to forward appeal to competent body; internal appeal;
  

  
  
  

• Judgment 4006

  
  126th Session, 2018
  International Criminal Court
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the decision of the Presidency of the Court to set aside his Complaint for the removal from office of the Registrar of the Court.

  Consideration 13

  Extract:

  [I]f a member of staff pursues a grievance by an incorrect procedure, but there is another procedure which would be appropriate, the organisation is under a duty to advise the staff member to follow the appropriate procedure (see, for example, Judgment 2345, consideration 1(c)).

  Reference(s)

  ILOAT Judgment(s): 2345
  

  Keywords:

  duty to forward appeal to competent body;
  

  
  
  

• Judgment 3034

  
  111th Session, 2011
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 15

  Extract:

  [T]he procedural rules for lodging an internal appeal must not set a trap for staff members who are endeavouring to defend
  their rights; they must not be construed too pedantically and, if they are broken, the penalty must fit the purpose of the rule. For that very reason, an official who appeals to the wrong body does not on that account forfeit the right of appeal. In such circumstances this body must forward the appeal to the competent body within the organisation in order that it may examine it and the person concerned is not deprived of his/her right of appeal (see, in this connection, Judgments 1832, under 6, and 2882, under 6).

  Reference(s)

  ILOAT Judgment(s): 1832, 2882
  

  Keywords:

  duty to forward appeal to competent body; internal appeal;