Internal appeals body (79, 80, 81, 84, 822, 823, 90, 91, 742, 785, 786, 813, 82, 973, 819,-666)
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Keywords: Internal appeals body
Total judgments found: 284
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Judgment 1392
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
Because of the functions the Regulations confer on an appeals body, it is bound "to take a stand on many an issue that affects or may later affect its ownmembers as [employees of the organisation]. That is true of any court of administrative law, which may have to make rulings that affect its own members as individual citizens. The universal experience of the judiciary is that the duty of independence may be fully respected even in such circumstances."
Keywords:
composition of the internal appeals body; independence; internal appeals body; staff member's interest;
Judgment 1391
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Decisions taken by the organisation are subject to review on grounds such as bias, bad faith, malice and abuse of authority. When seeking to defend his interests by impugning any such decision, an employee is entitled to allege and attempt to establish such grounds. A fair decision cannot be reached upon such matters by an internal appeals body or by this Tribunal if witnesses, parties and their representatives are unable to speak candidly and without the risk of incurring a penalty for what they may say, and especially if one party is unduly inhibited by the fear that failure to prove his case my make him liable to disciplinary action by the other party."
Keywords:
abuse of power; bias; burden of proof; complainant; complaint; disciplinary measure; evidence; freedom of speech; internal appeal; internal appeals body; judicial review; misuse of authority; submissions; testimony; tribunal;
Judgment 1380
78th Session, 1995
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The complainant says that "the administration failed to observe the time limit of sixty days when it replied to the Joint Appeals Board on [two appeals she had lodged], in breach of Rule 112.02(b)(ii). This provision has no application to the organization's reply in the internal appeals procedure: the time limit of sixty days applies to the Director-General's reply to a written request under Rule 112.02(a) for review of an administrative decision."
Reference(s)
Organization rules reference: STAFF RULE 112.02
Keywords:
due process; internal appeal; internal appeals body; organisation's duties; staff regulations and rules; time limit;
Judgment 1376
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The purpose of Headquarters Board of Appeal's rules of procedure is "to promote the expeditious and orderly hearing of appeals, not to deprive appellants of any right of appeal conferred on them by the Staff Rules."
Keywords:
due process; internal appeal; internal appeals body; organisation's duties; purpose; right of appeal; staff member's interest; staff regulations and rules; time limit;
Consideration 15
Extract:
"The organization has asked that if its objections to receivability are not upheld the Tribunal send the case back to the Headquarters Board of Appeal. The Tribunal will not do so. The Board has already had the opportunity to go into the merits but declined to do so, and there is no call to afford it the opportunity again."
Keywords:
due process; internal appeals body; judicial review; organisation's duties; refusal; remand;
Judgment 1372
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"As the Tribunal held in Judgments 1177 [...], under 5, and 1323 [...], under 9, an item that forms part of the proceedings that led to the impugned decision may not be withheld from scrutiny by the Tribunal. That holds good for any appellate body. So the administration ought to have disclosed to the Regional Board the documents it required to enable it to take up the complainant's appeal properly."
Reference(s)
ILOAT Judgment(s): 1177, 1323
Keywords:
case law; confidential evidence; disclosure of evidence; flaw; internal appeal; internal appeals body; judicial review; moral injury; procedure before the tribunal;
Judgment 1370
77th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"Judgment 1317 [...] brought out the need for a properly functioning internal appeal procedure, of which the Appeal Board is an essential part. In this case the Board took far too long to report and failed to perform its function properly. Although in the circumstances the shortcomings of the appeal procedure may not be deemed to constitute bad faith, the ITU was negligent and caused the complainant injury. On that account it must afford him redress."
Reference(s)
ILOAT Judgment(s): 1317
Keywords:
case law; compensation; delay; flaw; good faith; injury; internal appeal; internal appeals body; moral injury; negligence; organisation's duties; procedure before the tribunal; report; staff member's interest;
Judgment 1350
77th Session, 1994
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant may not seek "the quashing of what he calls the 'decision' of the appeals board: according to the Staff Regulations the Board merely gives an opinion that is not binding on the Director-General".
Keywords:
advisory body; application for quashing; decision; decision quashed; internal appeals body; receivability of the complaint; report;
Judgment 1323
76th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 8-9
Extract:
The WHO appointed an external candidate to a position which the complainant had applied for. On the grounds of privilege the organization offered no evidence to the Board or the Tribunal of the external candidate's qualifications. "The Tribunal does not accept that the disclosure of a candidate's identity and qualifications may [...] inhibit the free expression of views by members of selection committees or prejudice the interests of other candidates. [...] The external candidate's qualifications were of essential importance to the Selection Committee in making its choice and to any appeal against the appointment made." No such documents may be withheld from the Tribunal.
Keywords:
candidate; confidential evidence; evidence; internal appeals body; internal candidate; open competition; selection board; submissions;
Judgment 1319
76th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"By causing or allowing [a delay of more than one year between the internal appeal and the final decision] and by denying the Board of Appeal the information which would have enabled it to give a timely and complete opinion on the complainant's case the organization fell short of the requirements of due administrative process and of the standards of care it must apply to its staff. In the circumstances, the complainant is entitled to the sum [...] she has claimed in damages and costs."
Keywords:
administrative delay; costs; due process; duty to inform; internal appeals body; material damages; moral injury; organisation's duties;
Judgment 1317
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 31 and 34
Extract:
"An internal appeal procedure that works properly is an important safeguard of staff rights and social harmony in an international organisation [...]. The Union is wholly to blame for [the material] shortcomings. The Appeal Board is set up under the Staff Regulations and the [organisation] has a duty to keep it at all times in proper working order."
Keywords:
administrative delay; internal appeal; internal appeals body; organisation's duties; right of appeal; safeguard;
Judgment 1277
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"According to the case law - see, for example, Judgment 435 [...] - the rule that the complainant must have exhausted the internal remedies means, first, that his complaint must rest on the same essential facts as his internal appeal and, secondly, that his claims must not be wider than those he put forward in that appeal."
Reference(s)
ILOAT Judgment(s): 435
Keywords:
case law; complaint; identical claims; identical facts; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint;
Judgment 1263
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
The organization contends that one of [the complainant's] claims is irreceivable for failure to exhaust the internal means of redress. It observes that neither did he make a written protest on that score or an appeal to the Appeals Board. The claim was not even mentioned in the cause of the original proceedings which led to an earlier judgment of the Tribunal on a case also brought by the complainant. He does not deny that he made no internal appeal but merely asserts that it was discriminatory and unlawful not to grant him satisfaction. "So his complaint is indisputably irreceivable under this head."
Keywords:
claim; internal appeal; internal appeals body; internal remedies exhausted; judgment of the tribunal; receivability of the complaint;
Judgment 1256
75th Session, 1993
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant asked the Director-General to review his decision to reject his application for a vacant post after the expiry of the one month delay for filing of an internal appeal. He wants the Tribunal to acknowledge the exceptional character of his case as justifying an extension of the normally applicable time limit. "According to precedent a complainant may not be deemed to have exhausted the means of redress at his disposal within the organisation unless he has followed the prescribed internal procedure for appeal and in particular observed the time limits. So if his internal appeal was out of time his complaint to this Tribunal will also be irreceivable under Article VII(1)."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: UPU STAFF RULE 111.3
Keywords:
case law; complaint; exception; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time bar; time limit;
Consideration 6
Extract:
To escape the time bar the complainant relies on UPU Staff Rule 111.3.4, which allows the Joint Appeals Committee to waive the time limit in exceptional circumstances. "As the Union observes, the time limit which the Committee may waive is not the one in 111.3.1 - the one month for submitting a request for review to the Director-General - but only the one for appeal to the Committee against the decision rejecting such request." The complaint is therefore irreceivable.
Reference(s)
Organization rules reference: UPU STAFF RULE 111.3
Keywords:
case law; complaint; exception; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time bar; time limit;
Judgment 1251
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant was accused of misappropriating funds and summarily dismissed for misconduct. The Tribunal holds that though the Appeals Board "recorded in its report the organization's submissions on the facts, it did not come to any conclusion on them and indeed said it was 'extremely difficult to impute the misfeasances committed to the complainant'. The Director-General's decision is thus flawed with the wrong assumption that the Board had made findings adverse to the complainant."
Keywords:
decision; disciplinary measure; flaw; internal appeals body; judicial review; mistake of fact; mistaken conclusion; serious misconduct; summary dismissal; termination of employment;
Judgment 1247
74th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"As the Tribunal has held, for example in Judgment 607 [...], though proper administration requires the setting of time limits 'they are not supposed to be a trap or a means of catching out a staff member who acts in good faith'."
Reference(s)
ILOAT Judgment(s): 607
Keywords:
case law; complainant; good faith; internal appeal; internal appeals body; organisation's interest; time limit;
Judgment 1245
74th Session, 1993
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The Agency alleges that it informed her by a personnel notice that she had been excluded from the United Nations Joint Staff Pension Fund. The Tribunal holds that the notice "was wholly inadequate to alert her to the purpose and substance of the administrative decision that had been taken. Since she may not be deemed in the circumstances to have received proper 'notification' as prescribed in Rule 12.01.1 (d) (1), the time limit did not then run. Her present complaint is therefore receivable."
Reference(s)
Organization rules reference: IAEA PROVISIONAL STAFF RULE 12.01.1 (D) (1)
Keywords:
complaint; decision; internal appeal; internal appeals body; receivability of the complaint; staff regulations and rules; start of time limit; time bar;
Judgment 1244
74th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The meaning of Article VII(1) of the Tribunal's Statute is, according to the case law, "that a complainant must not only have gone through any internal appeals procedure within his organisation but duly complied with the requirements of the rules on that procedure. Thus, if the internal appeal was irreceivable under those rules, the complaint to the Tribunal will also be irreceivable under Article VII(1)."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
case law; complaint; due process; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; procedure before the tribunal; receivability of the complaint; staff regulations and rules; tribunal;
Judgment 1243
74th Session, 1993
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"According to the case law, where a complainant does everything necessary to get a final decision but the appeal proceedings appear unlikely to end within a reasonable time, he may go to the Tribunal. Rulings to that effect are to be found, for example, in Judgments 451 and 499."
Reference(s)
ILOAT Judgment(s): 451, 499
Keywords:
absence of final decision; administrative delay; case law; complaint; decision; internal appeal; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Judgment 1236
74th Session, 1993
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The letter [...] from the head of administration was plainly CERN's answer to his internal appeal [...]. On the issue of notice it is therefore a final decision and meets the requirements for receivability in Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
complaint; condition; decision; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint;
Judgment 1232
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant was sentenced to imprisonment in his country of origin. After his release, however, he was not allowed to go abroad. after being entitled to do so, he sent a letter to the Director-General regarding the organization's acceptance of his application for early retirement, which he had worded under duress, when he was still compelled to remain in his country. Receiving no answer and about one year after leaving the country, he challenged the rejection he inferred from the Director-General's silence. The complainant went to the Appeals Board, but the Director-General rejected its recommendation on the grounds that the appeal was irreceivable, being out of time. The Tribunal considers that "the delay was understandable in the unusual circumstances of [the] case [...] the conclusion is that he was not out of time."
Keywords:
delay; exception; internal appeal; internal appeals body; receivability of the complaint; time bar;
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