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 1259
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
The complainant objects to the non-renewal of his contract. The organization says his complaint is irreceivable. It does not deny that he sent a memorandum challenging the decision but argues that his internal appeal was not properly presented since he did not submit it to the Director-General himself. "That objection fails because the memorandum was correctly addressed to the Director of the Bureau of personnel, whom he asked to convey to the administration his decision to appeal. So it was incumbent on the Director to forward it to the Director-General."
Keywords:
complaint; formal requirements; internal appeal; internal remedies exhausted; 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 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 1233
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant seeks the quashing of her dismissal for reasons of health. Such dismissal, she maintains, was wrong unless her incapacity was total. The claim "is receivable because several times she sought the quashing of her dismissal and put the matter to the Appeals Board. Though she did withdraw several appeals that were before the Board she never expressly waived her objections to dismissal."
Keywords:
claim; health reasons; internal appeal; internal remedies exhausted; receivability of the complaint; termination of employment; termination of employment for health reasons; waiver of right of appeal; withdrawal of suit;
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;
Judgment 1230
74th Session, 1993
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The defendant maintains that the complainant did not meet the two-month time limit for lodging appeals and failed to exhaust the internal means of redress. The Committee was of the view that, in this case, exceptional circumstances warranted waiving the time limit and allowing the appeal. The defendant contends that the Committee's decision was not binding on the Agency. "Only where the Committee's appraisal of the circumstances is flagrantly wrong or based on plainly mistaken facts may the Director General disregard it, and even then his decision will be subject to review by the Tribunal."
Keywords:
condition; exception; internal appeal; internal appeals body; internal remedies exhausted; judicial review; mistake of fact; mistaken conclusion; receivability of the complaint; staff regulations and rules; time bar; time limit;
Consideration 3
Extract:
"The rule is that for his complaint to be receivable the staff member must not only meet the time limit in Article VII(2) of [the Tribunal's] Statute but have properly followed the internal appeal procedure."
Reference(s)
ILOAT reference: ARTICLE VII(2) OF THE STATUTE
Keywords:
condition; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time limit;
Judgment 1205
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complaint is irreceivable because the decision impugned is not a final one: the complainant has failed to exhaust the internal means of redress, in breach of the requirement in Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
absence of final decision; decision; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 1192
73rd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The complainants object to the delay in handling their case throughout, from the lodging of their appeals with the Regional Boards of Appeal until the case reached the Director-General. The Tribunal holds that the time the proceedings took, though long, did not amount to any wilful disregard of the complainants' rights but was accounted for by the large number of appeals and the complexity of the issues."
Keywords:
administrative delay; internal appeal; internal appeals body; procedure before the tribunal;
Judgment 1190
73rd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Under WHO Staff Rule 1230.4 an official who has appealed to the Appeals Board is entitled to challenge two of its members. One of the complainants exercised that right but had his challenge rejected. There was therefore a serious flaw in the internal appeal procedure. The material issue is whether the Director-General was entitled to treat the Board's report as being in line with the material rules. The report itself discloses that the rights of one of the complainants had been ignored. The Tribunal holds that "the Director-General has a duty to enforce the rules. He knew of the breach and should have rejected the report insofar as it concerned [the complainant] who objected to it as not being in accordance with those rules: he was not entitled to proceed as if no breach had occurred."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Organization rules reference: WHO STAFF RULE 1230.4
Keywords:
composition of the internal appeals body; due process; flaw; internal appeal; internal appeals body; procedure before the tribunal; recommendation; recusal; report; staff regulations and rules;
Judgment 1188
73rd Session, 1992
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
After the Director-General imposed a disciplinary sanction on the complainant he lodged an internal appeal. Rule 110.4.3 of the Staff Rules says that "the deliberations and reports of the Disciplinary Committee and its recommendations to the Director- General shall be confidential". The material issue is "whether the full text of the Disciplinary Committee's report, and not just the text of its recommendation, was disclosed to the Joint Appeals Committee. If it was, the Union should have let the complainant too have a copy and, failing that, there was a procedural flaw in that there was breach of his right of defence."
Reference(s)
Organization rules reference: UPU STAFF RULE 110.4.3
Keywords:
confidential evidence; disciplinary measure; disciplinary procedure; disclosure of evidence; further submissions; interlocutory order; internal appeal; internal appeals body; procedural flaw; procedure before the tribunal; recommendation; report; right to reply; staff regulations and rules;
Consideration 7
Extract:
"An item that formed part of the internal appeal proceedings should be at the Tribunal's disposal since it cannot otherwise appraise the background to the impugned decision and determine whether it shows any flaw. Further submissions are therefore required to complete the case records."
Keywords:
decision; disclosure of evidence; flaw; further submissions; interlocutory order; internal appeal; internal appeals body; procedure before the tribunal; recommendation; report;
Judgment 1181
73rd Session, 1992
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complaint raises a question of receivability. Under Article 43 (1) of the Staff Regulations an internal appeal must be lodged within thirty days of the date on which a decision was notified. The complainant pleads that he made a material mistake by reading the thirty days as one calendar month. "Time limits for internal appeals must be strictly complied with. The complainant failed to abide by the Staff Regulations, and the mistake he supposedly made is irrelevant because the organization did not seek to mislead him. Since he has not exhausted the internal means of redress, his complaint is irreceivable under Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: ARTICLE 43 OF THE INTERPOL STAFF REGULATIONS
Keywords:
date of notification; delay; iloat statute; internal appeal; internal remedies exhausted; mandatory time limit; receivability of the complaint; staff regulations and rules; start of time limit; time bar; time limit;
Judgment 1172
73rd Session, 1992
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The conclusion is that in substance [the complainant's] letter [...] amounted to a request for further information and explanation on a matter the parties had been discussing for years. If his intention was to lodge an appeal under Chapter VI of the Staff Rules he ought to have used language more in keeping with that of an appeal. In any event, on receiving CERN's reply [...] he ought to have applied for referral to the Appeals Board, which [...] is not just a formality. Had he applied for such referral the ambiguous wording of his letter might have been treated as just an oversight, and had the organization turned down his claims it might have been held that he had exhausted the internal means of redress as Article VII(1) the Tribunal's Statute required him to do."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: CHAPTER VI OF THE CERN STAFF RULES
Keywords:
condition; formal requirements; iloat statute; internal appeal; internal remedies exhausted; reply; staff regulations and rules;
Judgment 1167
73rd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"All that is needed for [an] appeal to be receivable is that the impugned decision be clearly identified and the pleas set out.
Keywords:
condition; decision; internal appeal; internal appeals body; receivability of the complaint; time limit;
Judgment 1160
72nd Session, 1992
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"Further claims [from one of the complainants] to a ruling on the Organization's alleged failure to deal with the issues in his statements of appeal and to 'directions' to the administration 'in the interest of justice' do not constitute proper forms of relief and therefore will not be entertained."
Keywords:
claim; compensation; failure to answer claim; internal appeal; receivability of the complaint;
Judgment 1132
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The case law makes it clear that time limits in rules on internal appeals must be strictly adhered to. The complainant did not comply with the requirements of the Service Regulations. Nor can he show any breach of good faith on the organisation's part. His complaint is therefore irreceivable under Article VII(1) of the Tribunal's Statute because he has failed to exhaust the internal means of redress."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
exception; good faith; internal appeal; internal remedies exhausted; mandatory time limit; receivability of the complaint; time bar; time limit;
Judgment 1117
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"The complainants took the view that according to the principle of equal treatment embodied in the Staff Regulations, they were entitled not only to arrears of pay but also to interest thereon. They were free to conclude that the competent authority had, to quote Article 92(2), 'failed to adopt a measure prescribed by the Staff Regulations' and that they therefore had the right to appeal directly to the Tribunal against the refusal of their claims." The conclusion is that without submitting a 92(1) claim to the Director General they did exhaust the internal means of redress.
Reference(s)
Organization rules reference: ARTICLE 92(1) AND (2) OF THE EUROCONTROL STAFF REGULATIONS
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint;
Consideration 15
Extract:
"According to Article 92 of the Staff Regulations the gist of the internal appeal procedure is that before lodging an internal complaint the staff member shall submit his grievances or claims to the administration to enable it to take a decision. That is what the complainants did since Eurocontrol had the opportunity of stating its position." The organisation's objections to receivability on the grounds that the complainants did not exhaust the internal means of redress by putting their claims to the Director General as provided by Article 92(1) fails.
Reference(s)
Organization rules reference: ARTICLE 92(1) OF THE EUROCONTROL STAFF REGULATIONS
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint;
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