Time limit (108, 110, 111, 112, 113, 114, 115, 116, 433, 771, 772, 773, 774, 775, 776, 777, 778, 781,-666)
You searched for:
Keywords: Time limit
Total judgments found: 335
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Judgment 810
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"A transfer decision that is made known five days before it comes into effect leaves the official no time in which to act or even to think".
Keywords:
notice; time limit; transfer;
Judgment 791
60th Session, 1986
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[T]he rule [by which receivability hinges on the official's having exhausted the internal means of redress] is not a hard-and-fast one, even though the Statute does not expressly allow any derogation from it. The derogation should in all fairness be allowed if the complainant has done his utmost to obtain a decision, but on the evidence a decision seems unlikely to be taken in reasonable time."
Keywords:
exception; failure to answer claim; implied decision; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Judgment 788
60th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal has not thus far set a time limit for seeking review of its judgments. In this case, it considers the delay of nine years entirely unreasonable.
Keywords:
application for review; reasonable time; receivability of the complaint; time limit;
Judgment 786
60th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"If a decision is taken, not within the 60 days, but at least before the complaint is filed, the complainant may not allege an implied decision [...] There is the case in which the Appeals Committee fails to report within a reasonable lapse of time: the staff member may then allege an implied decision."
Keywords:
failure to answer claim; implied decision; internal remedies exhausted; late decision; reasonable time; receivability of the complaint; time limit;
Judgment 775
60th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"If an internal appeal was time-barred and the internal appeals body was wrong to hear it, the Tribunal will not entertain a complaint challenging the decision taken on a recommendation by that body."
Keywords:
advisory opinion; complaint; decision; internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint; recommendation; time bar; time limit; tribunal;
Judgment 763
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Even if the decisions appointing the complainants were tainted with a formal flaw [...] the decisions were challengeable under the internal appeals procedure and before the Tribunal. The formal flaws the complainants allege did not suspend the time limits".
Keywords:
appointment; flaw; formal flaw; internal appeal; new time limit; receivability of the complaint; time limit;
Judgment 762
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"According to Article VII(3) of the Statute a staff member may appeal to the Tribunal where the administration fails to take a decision upon his claim within sixty days. [...] However, the Principal Director of personnel informed the complainants [...] of the preliminary rejection of their internal appeal and of the referral of their case to the Appeals Committee. That was an express decision which precluded an implied one and hence the application of [Article] VII(3)".
Reference(s)
ILOAT reference: ARTICLE VII(3) OF THE STATUTE
Keywords:
express decision; implied decision; internal remedies exhausted; provisional decision; receivability of the complaint; time limit;
Judgment 752
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Though [the complainant] did rely on facts of which he had been unaware at the outset, there was no new time limit on that account, the time limit in the Service Regulations being objectively determined and unqualified. Any other conclusion, even if founded on considerations of equity, would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of a time limit. The only exception is where the organisation has misled the complainant or concealed some paper from him so as to do him harm, in breach of the good faith which should govern administration. But the condition is not fulfilled here."
Keywords:
exception; general principle; good faith; internal appeal; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; time bar; time limit;
Judgment 727
58th Session, 1986
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant is mistaken in his contention that the filing of a suit with the municipal courts can have any effect on the receivability of a complaint lodged with the Tribunal. Suing Eurocontrol before the Sittard court did not have the effect of suspending the time limit for filing this complaint."
Keywords:
complaint; effect; inquiry; investigation; municipal court; new time limit; receivability of the complaint; time bar; time limit;
Judgment 724
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"According to Article VII(3) of the Statute of the Tribunal, an official may have recourse to the Tribunal where the administration fails to take a decision upon his claim within 60 days of its notification."
Reference(s)
ILOAT reference: ARTICLE VII(3) OF THE STATUTE
Keywords:
failure to answer claim; implied decision; internal appeal; receivability of the complaint; time limit;
Judgment 706
57th Session, 1985
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Judgment 607 was delivered on 12 April 1984 and executed on 21 August 1984. The Tribunal found such a lapse to be reasonable.
Reference(s)
ILOAT Judgment(s): 607
Keywords:
execution of judgment; judgment of the tribunal; reasonable time; time limit;
Judgment 703
57th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The holder of a fixed-term appointment is entitled to know the date of separation early enough to enable him to arrange things."
Keywords:
contract; fixed-term; non-renewal of contract; notice; organisation's duties; reasonable time; secondment; time limit;
Judgment 698
57th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"It is immaterial that there was correspondence after the decision of 24 May. insofar as that correspondence related to the issues decided on 24 May it merely confirmed the decision and set off no new time limit for lodging an internal appeal."
Keywords:
complaint; confirmatory decision; internal appeal; internal remedies exhausted; new time limit; receivability of the complaint; time bar; time limit;
Judgment 697
57th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal will hold the internal means of redress to have been exhausted if the complainant has pursued them with all diligence but without being able within a reasonable period of time to obtain a result. In this case, for the Tribunal to entertain the complaint, the complainant would have to satisfy it that there was no objective prospect of the internal process being concluded within a reasonable time. He has not done so.
Keywords:
failure to answer claim; internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Judgment 685
57th Session, 1985
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant objects to the detriment to himself and his family caused by his assignment to Nepal. So the decision he impugns is the one informing him of his transfer, of which he got notice in March 1981. Since he waited until March 1983 to put his case to the Appeal Board the complaint is irreceivable.
Keywords:
consequence; internal appeal; receivability of the complaint; start of time limit; time bar; time limit; transfer;
Judgment 676
56th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
A staff member may ask the administration for review of a decision either when some new and unforeseeable fact of decisive importance has occurred since the decision was taken or where the staff member is relying on facts or evidence of which he was not and could not have been aware before the decision was taken. If either condition is fulfilled the administration is under a duty to review, and the new decision will set a new time limit.
Keywords:
case reopened; complainant; condition; internal appeal; internal appeals body; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; request by a party; start of time limit; time limit;
Judgment 666
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Any person to whom the Tribunal is open under Article II of its Statute may apply to intervene in a case on the conditions stated in Article 17[2] of the Rules of court. Applications to intervene may be made at any stage, and the Tribunal decides whether they shall be allowed. The applications to intervene in the present case are receivable and the Tribunal's ruling on the merits of the complaints will hold good for the applications as well."
Reference(s)
ILOAT reference: ARTICLE 17, PARAGRAPH 2, OF THE RULES;
ARTICLE II OF THE STATUTE
Keywords:
intervention; locus standi; receivability of the complaint; time limit;
Judgment 665
56th Session, 1985
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The reason given for non-renewal of the complainant's contract was unsatisfactory performance. The evaluation report for 1981 was signed long after the time limit laid down in the Staff Rules. Only a few weeks elapsed between the completion of the 1981 report and the processing of the 1982 report. As a result, the impugned decision took no account of the fact that between the complainant's two last performance reports he was not given time to add his objections or to show he could come up to expectation. The decision overlooked an essential fact and drew clearly mistaken conclusions from the evidence. The complainant is entitled to damages.
Keywords:
administrative delay; contract; disregard of essential fact; fixed-term; flaw; material damages; mistaken conclusion; moral injury; non-renewal of contract; performance report; right to reply; time limit; unsatisfactory service;
Judgment 660
56th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The material decision would have had the effect of setting a new time limit for filing a complaint only if it had altered the previous decision or at least provided further justification for it. Since it amounted to mere confirmation, it does not affect the irreceivability of the complaint as held by the Tribunal.
Keywords:
confirmatory decision; decision; new time limit; receivability of the complaint; time bar; time limit;
Judgment 659
56th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 660, consideration 3.
Reference(s)
ILOAT Judgment(s): 660
Keywords:
confirmatory decision; decision; new time limit; receivability of the complaint; time bar; time limit;
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