Internal appeal (86, 87, 668, 695, 752, 783,-666)
You searched for:
Keywords: Internal appeal
Total judgments found: 463
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Judgment 654
55th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant submitted a 'complaint' to the Director-General long after expiration of the time limit set by the applicable provisions. "He cannot therefore be deemed to have exhausted the internal means of redress provided in the Staff Regulations, and his present complaint is irreceivable."
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;
Judgment 649
55th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
In this case, "the Board's further comments and the Director-General's further approval did not alter a whit the previous comments and decision. Being mere confirmation, they set off no new time limit for filing a complaint. The complaint is irreceivable because" the time limit for filing it had expired.
Keywords:
confirmatory decision; internal appeal; new time limit; receivability of the complaint; time bar; time limit;
Consideration 8
Extract:
"A request for review must be addressed to the maker of the challenged decision. In this case, the complainant asked the Reports Board to reconsider its [previous] comments [...] and that was tantamount to challenging the Director-General's decision [...] His challenge was misconceived in law and could not impair the finality of the decision."
Keywords:
competence; decision-maker; internal appeal;
Judgment 647
55th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Although time limits are essential to sound administration, the organisation must not use them in breach of the complainant's good faith."
Keywords:
exception; good faith; internal appeal; purpose; time limit;
Consideration 3
Extract:
"Even if the letter [...] had been written without authority, the decision therein would not cease to exist on that account. [...] Provided a communication takes the form of a decision its lawfulness is immaterial to the reckoning of the time limit for lodging an appeal. To hold otherwise would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of a time limit."
Keywords:
competence; consequence; decision; decision-maker; flaw; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 634
54th Session, 1984
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The internal appeal lodged by the complainant was time-barred. Thus, "he has failed to comply with the provisions of Article VII of the Statute of the Administrative Tribunal, which require that he shall have exhausted such other means of resisting the impugned decision as were open to him under the applicable Staff Regulations."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;
Judgment 630
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainant argues that the unfair treatment lies in her being kept idle for so long. Accordingly the time limit for filing an appeal did not begin on the date on which her supervisor decided, while keeping her on her post, to give her no more work: the injury occurred only with the passage of time. Thus, although it was only after being kept idle for a considerable lapse of time that the complainant appealed to the Director-General, and then to the Tribunal, for compensation for the injury she alleged, her claims are not time-barred and her complaint is receivable."
Keywords:
compensation; complaint; date; executive head; iloat; injury; internal appeal; period; post; receivability of the complaint; refusal to assign work; request by a party; start of time limit; supervisor; time bar;
Judgment 623
53rd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant pleas that he had no chance to present his case to the Appeals Committee in person. "All that the right to a hearing requires is that the complainant should be free to put his case, without arbitrary restrictions, either in writing or orally."
Keywords:
condition; internal appeal; internal appeals body; right to reply;
Considerations
Extract:
The applicable provision "says that a staff member may designate another staff member to present his case or act as his counsel before the appeals [body]. The FAO cannot therefore be held liable for not appointing a qualified lawyer to advise the complainant, nor was he denied any due procedural safeguards in putting his case".
Keywords:
complainant; counsel; internal appeal; internal appeals body;
Judgment 614
53rd Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Minute in question cannot be treated as an actual appeal. "It is not described as such and it makes no specific claim."
Reference(s)
ILOAT Judgment(s): 564, 565
Keywords:
formal requirements; internal appeal; internal remedies exhausted;
Judgment 612
53rd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's submission of an internal appeal was time-barred; for not having correctly followed the internal procedure, her complaint is irreceivable. The discovery of an allegedly unlawful decision does not affect the time limit for internal appeal. The only exception is where the organisation has misled the complainant in breach of good faith.
Keywords:
consequence; decision; exception; flaw; good faith; internal appeal; internal remedies exhausted; new time limit; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 611
53rd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
There is no need to determine whether the refusal to allow the complainant to file a second rejoinder during the internal proceedings violated his right to a fair hearing. "Any defect there was must be deemed to have been removed by the present proceedings before the Tribunal. [...] Since the complainant is free to comment on any such issue before the Tribunal he has had sufficient opportunity to put his case properly, even if the Appeals Board did not fully respect his rights as a party."
Keywords:
flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;
Judgment 607
52nd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The organisation contends that the complainant, who knew that his contract had expired, had no reason to expect to be notified of its non-renewal. He should therefore have challenged the decision not to renew, which was implicit in the expiry of his appointment, in time. "To allow [the organisation's] plea would enable its competent officers to resolve to deal with such questions only if they thought fit. That would make for an increase in the number of claims dealt with ex gratia on the grounds that they had not been lodged on expiry of the appointment, and so administration would become arbitrary."
Keywords:
contract; fixed-term; internal appeal; non-renewal of contract; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 603
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Article VII(1) says that a complaint shall not be receivable unless the means of redress provided under the Staff Regulations have been exhausted. It is not enough just to make an internal appeal; it must be submitted in time. And there the complainant failed [...] to abide by the [...] time-limit. Since she did not follow the internal procedure correctly her complaint is irreceivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint; time bar;
Consideration 3
Extract:
The complainant's "later discovery that the administration's decision might have been unlawful does not affect the time limit, which is an objective matter of fact and starts on the date on which the impugned decision was notified. 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 setting a time limit. The only exception is where the organisation has misled the complainant and is therefore in breach of good faith."
Keywords:
consequence; date of notification; decision; exception; flaw; good faith; internal appeal; start of time limit; time bar; time limit;
Judgment 602
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 603, consideration 3.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
ILOAT Judgment(s): 603
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;
Consideration 3
Extract:
Vide Judgment 603, consideration 3.
Reference(s)
ILOAT Judgment(s): 603
Keywords:
consequence; date of notification; decision; exception; flaw; good faith; internal appeal; start of time limit; time bar; time limit;
Judgment 576
51st Session, 1983
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
When the complainant received the personal report, he did not add his own comments. He by-passed the largely informal discussion stage by prematurely filing a notice of appeal. "He thereby interrupted the procedure for preparation of the final text, and only that text constitutes a decision. [He] did no more than challenge a preliminary act, and his present claim to have it set aside is irreceivable."
Keywords:
absence of final decision; internal appeal; internal remedies exhausted; performance report; procedure before the tribunal; rebuttal;
Judgment 575
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"According to Article VII[1] of the Statute of the Tribunal a complaint will not be receivable unless the means of redress provided by the Staff Regulations have been exhausted. To fulfil this condition it is not sufficient to address an appeal to the internal appeal bodies; the internal appeal must be submitted in time." In this case, the prescribed time limit was not respected. "Accordingly, the internal appeals procedure was not correctly followed, and the [...] complaint is irreceivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;
Summary
Extract:
The complaint is declared irreceivable, the internal means of redress not having been exhausted. The appeal was submitted to the President after the time-limit laid down in the Regulations had run out. It is immaterial that the Appeals Committee considered the complainant's case on the merits; its opinion does not prevent the Tribunal from observing that the time limit was not respected.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint; time bar;
Judgment 567
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"A judicial decision relates only to the dispute as it is when the decision is given: it cannot rule on a case of which the circumstances are unknown at the time." [The Tribunal had dismissed an earlier complaint for the complainants' failure to exhaust internal means of appeal.] In his final decision, the President noted that the complainants had withdrawn their internal appeal. Their new complaint, coming after that decision, is irreceivable.
Keywords:
internal appeal; judgment of the tribunal; receivability of the complaint; waiver of right of appeal;
Judgment 565
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5(A)
Extract:
According to the Staff Regulations, decisions taken by the Director-General himself are not subject to the complaint procedure. "The performance report referred to in [the complainant's claim] was approved by the Director-General and so he accepted responsibility for it. The complainant was therefore entitled to take the view that he need not address a complaint to the Director-General before submitting [his claim] to the Tribunal. [...] Article VII(1) of the Statute constitutes no bar to a complainant who [...] rightly concluded that he was not required to follow one of the internal appeal procedures."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
decision; direct appeal to tribunal; exception; executive head; internal appeal; internal remedies exhausted; performance report; receivability of the complaint;
Judgment 550
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The internal appeal was declared irreceivable. "But a decision declaring an appeal irreceivable is just as open to challenge as a decision on the merits. And the receivability of this complaint does not turn on that of the internal appeal, and on such questions as whether the latter was submitted in time or duly brought within the scope of Staff Rules [...] The point must be settled solely by reference to the Tribunal's own Statute."
Keywords:
competence of tribunal; complaint; enforcement; iloat statute; internal appeal; receivability of the complaint;
Consideration 4
Extract:
Judgment No 450 "did not dispose of the question of the repayment of the medical expenses the [organisation] had agreed to bear, and [the judgment] does not have the authority of res judicata on this matter. In fact both the [Appeals] Board and the Director were required to take the matter up. The Director's refusal to consider the claim to repayment of medical expenses therefore suffers from a mistake of law and on this point the impugned decision must be set aside."
Reference(s)
ILOAT Judgment(s): 450
Keywords:
flaw; health insurance; internal appeal; medical expenses; receivability of the complaint; res judicata;
Judgment 548
50th Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The time limit for submitting an internal appeal had long since expired when the complainant appealed to the Appeals Board. "The acceptance of his resignation had by then become final and was no longer open to challenge. His involvement in a serious accident [...] did not have the effect of suspending the time limit. The Director therefore correctly applied the rules in dismissing the appeal which the complainant addressed to him against the decision [to reject the internal appeal as being time-barred and therefore irreceivable]."
Keywords:
exception; internal appeal; new time limit; professional accident; receivability of the complaint; time bar; time limit;
Judgment 544
50th Session, 1983
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The decision not to renew the complainant's appointment was notified to him more than ninety days before the date on which he filed the complaint. "However [...] he made a request [...] for the institution of disciplinary proceedings to dispel the suspicion which he believed he was under; and [...] he [subsequently] appealed to the Director-General against the failure to convince the Disciplinary Board. His ultimate purpose [...] was to have the decision of non-renewal set aside; in other words to challenge it." It would be unduly formalistic to make the time limit run from the date of the decision not to renew his appointment was notified.
Keywords:
complaint; date of notification; decision; disciplinary procedure; internal appeal; non-renewal of contract; receivability of the complaint; request by a party; start of time limit;
Judgment 533
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
The complainant had filed an internal appeal. He could have appealed against an implied decision to dismiss his claim, since the only communication which he had received was wholly informative and without legal effect. He then asked for confirmation of the rejection. The President's reply did constitute an express decision, the appeal was passed on to an advisory body. At that point, the complaint becomes irreceivable. There is no longer an implied decision to challenge, and the internal means of redress have not been exhausted.
Keywords:
absence of final decision; express decision; implied decision; internal appeal; internal remedies exhausted;
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