Summary procedure (172, 674, 800, 117,-666)
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Keywords: Summary procedure
Total judgments found: 213
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Judgment 1387
78th Session, 1995
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The present applications mentioned no new facts. "That being so, and having communicated the applications [...] to the defendant for information in accordance with Article 7(1) of its Rules, the Tribunal dismisses them as clearly irreceivable within the meaning of 7(2) and does not order adversarial proceedings."
Reference(s)
ILOAT reference: ARTICLE 7 OF THE RULES
Keywords:
application for review; iloat statute; inadmissible grounds for review; summary procedure;
Judgment 1377
78th Session, 1995
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant seeks review of a judgment in which the tribunal dismissed his case as time-barred. He alleges the existence of a new fact which would at the time have led the Tribunal to declare his complaint receivable. "The Tribunal rejects as incredible the evidence tendered by the complainant. Accordingly it applies the procedure provided for in Article 7 of its Rules and summarily dismisses the application as clearly devoid of merit."
Reference(s)
ILOAT reference: ARTICLE 7 OF THE RULES
Keywords:
application for review; evidence; lack of evidence; new fact on which the party was unable to rely in the original proceedings; summary procedure;
Judgment 1318
76th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration
Extract:
"This complainant does not impugn any final decision. [It] is therefore clearly irreceivable, and the Tribunal dismisses it as such in accordance with the summary procedure provided for in Article 8(3) of the Rules of Court."
Reference(s)
ILOAT reference: ARTICLE 8(3) OF THE RULES
Keywords:
absence of final decision; complaint; iloat statute; internal remedies exhausted; receivability of the complaint; summary procedure;
Judgment 1309
76th Session, 1994
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"In sum, according to the principles that the Tribunal consistently abides by in ruling on [applications for review], UNESCO's allegations do not amount to admissible pleas for review [...] The Tribunal therefore summarily dismisses the Organization's application as being clearly irreceivable within the meaning of Article 8(3) of the rules of court."
Reference(s)
ILOAT reference: ARTICLE 8(3) OF THE RULES
Keywords:
application for review; inadmissible grounds for review; mistake of law; summary procedure;
Judgment 1253
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant is seeking the review of a judgment in which the Tribunal dismissed a prior application for review. "He is yet again seeking the rehearing of his claims, besides adding a fresh one to after-service medical insurance coverage. He puts forward no admissible grounds whatever for review of Judgment 1027 and his application for review must therefore be rejected in accordance with the summary procedure provided for in Article 8(3) of the Rules of court."
Reference(s)
ILOAT reference: ARTICLE 8(3) OF THE RULES
ILOAT Judgment(s): 1027
Keywords:
application for review; new claim; summary procedure;
Judgment 1252
75th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant is seeking the review of a judgment which already refused to review the original ruling. "The complainant does no more than put forward again the same arguments as those that supported her first application, which Judgment 1165 dismissed. She cites no essential fact that she was unable to rely on in her original complaint. In sum her application offers no admissible grounds whatever for review [...], is 'clearly irreceivable' within the meaning of Article 8(3) of the Rules of Court, and must therefore be dismissed in accordance with the summary procedure provided for in that article."
Reference(s)
ILOAT reference: ARTICLE 8(3) OF THE RULES
ILOAT Judgment(s): 1165
Keywords:
application for review; summary procedure;
Judgment 949
65th Session, 1988
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant retired in December 1985. He is seeking inter alia recognition of his actual duties from the date of appointment in August 1970, reinstatement at grade P.2 as from 31 August 1970, and revision of his retirement pension. "The complaint is clearly irreceivable both because the complainant is not impugning any decision and because any time limit for appealing against the injury he alleges expired many years ago."
Keywords:
cause of action; complaint; no cause of action; receivability of the complaint; retirement; summary procedure; time bar; time limit;
Judgment 559
50th Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant, whose application for a post as an expert was turned down, is not alleging any breach of the provisions of the Staff Regulations or Staff Rules or of any of the terms of appointment. The Tribunal is not competent to hear his claims.
"Since lack of competence may be assimilated to irreceivability, the complaint must be summarily dismissed in accordance with Article 8[3] of the Rules of court."
Reference(s)
ILOAT reference: ARTICLE 8, PARAGRAPH 3, OF THE RULES
Keywords:
competence of tribunal; receivability of the complaint; summary procedure;
Judgment 536
49th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The Tribunal may apply the summary procedure "if it is detrimental neither to the complainant's interests nor to the defendant's to dispense with further memoranda. The Tribunal so decides at its own discretion, being alone competent to determine the procedure, and it is not a decision the complainant may object to."
Reference(s)
ILOAT Judgment(s): 404, 442
Keywords:
competence of tribunal; condition; summary procedure;
Consideration 4
Extract:
Judgment No. 442 [a review of Judgment No. 404] contains no recapitulation of the facts; the procedure followed was the summary one, "and the complaint was not communicated to the [organisation] for reply. There being no exchange of memoranda, no purpose would have been served by summarising the facts and submissions in the complaint since in any event the Tribunal was required to review the whole case in order to answer the complainant's arguments."
Reference(s)
ILOAT Judgment(s): 404, 442
Keywords:
application for review; consequence; summary procedure;
Judgment 449
46th Session, 1981
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complaint was filed against an organisation which has recognised the Tribunal's jurisdiction but never employed the complainant as a member of its staff. Nor does the complainant allege having acceded to any of the rights of one of its officials. The complaint is summarily dismissed.
Keywords:
locus standi; non official; ratione personae; status of complainant; summary procedure;
Judgment 258
35th Session, 1975
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complaint was filed "clearly after the expiry of the time limit set by Article VII, paragraph 2, of the Statute of the Tribunal. It is declared irreceivable in accordance with Article 8, paragraph 3, of the Rules of court, notwithstanding the absence of any reply by the organization on the merits."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE;
ARTICLE 8, PARAGRAPH 3, OF THE RULES
Keywords:
complaint; receivability of the complaint; summary procedure; time bar; time limit;
Judgment 206
30th Session, 1973
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Vide Judgment 205.
Reference(s)
ILOAT reference: ARTICLE 8, PARAGRAPH 3, OF THE RULES
ILOAT Judgment(s): 205
Keywords:
competence of tribunal; receivability of the complaint; summary procedure;
Judgment 205
30th Session, 1973
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The actions referred to the Tribunal [...] do not relate to the observance either of the terms of his own contract of employment or of the Staff Regulations or Staff Rules. His complaint is thus clearly irreceivable by the Tribunal and must therefore be dismissed [under paragraph 3 of Article 8 of the Rules of Court of the Administrative Tribunal]."
Reference(s)
ILOAT reference: ARTICLE 8. PARAGRAPH 3, OF THE RULES
Keywords:
competence of tribunal; receivability of the complaint; summary procedure;
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